nicholas sandman as a racist and worse. we have that from alan dershowitz and matt bennett. is the mueller probe winding down? as we await word, and mccabe getting a pass. kristin fisher and britt hume standing by. with the jussie smollett investigation advancing, we have mike tobin standing by in chicago. >> reporter: jussie smollett went from start to suspect in just a matter of weeks charged with disorderly conduct, filing of a false police support, a felony. is legally measured a statement. like any other citizen jussie smollett enjoys the presumption of innocence particularly when there has been an investigation like this one with information both true and false repeatedly leaked. given the circumstances we intend to conduct a thorough investigation and mount an aggressive defense. the brothers who were considered potential suspects testified for 2 and half hours before a grand jury saying they were paid but the payment does not fit the narrative we know publicly. the brothers are speaking to investigators because they determined the truth needs to come out. >> there was never a change of heart. there was a point the story needed to be told and they said we are going to correct it. so plea deal, immunity, they don't care about that. >> reporter: jussie smollett needs to come clean. police say they are in contact with his legal team to try to negotiate a reasonable surrender. he has a bond hearing 11:30 local time. >> breaking news on an active duty member of the coast guard charged to serve and protect the us now it would be domestic terrorist, charged with a terrifying plot to commit multiple murders. jennifer griffin has the latest. >> reporter: the details are chilling. federal prosecutors say they arrested an active-duty coast guard lieutenant who allegedly planned to kill top democratic lawmakers and media personalities. he described himself as a white nationalist who wanted to establish a white homeland, i'm dreaming of a way to kill almost every person on earth. it provides shocking details. the defendant intends to murder innocent civilians on a scale rarely seen in this country, he must be detained pending trial. the fbi raided his cramped silver spring, maryland, apartment where they found evidence and he was targeting personalities from msnbc and cnn who he called traders. he had a spreadsheet of targets, those individuals included joey who is most likely joe scarborough of msnbc based on his computer searches, chris hayes from msnbc, senator richard blumenthal, nancy pelosi the senators tim kane, chuck schumer, kirsten gillibrand, elizabeth warren, alexandria oh cause io cortez, cory booker and others. the coast guard lieutenant who they described as a domestic terrorist wrote about biological weapons attacks and had a hit list. he stated to appear in a maryland court, thursday. these charges are the proverbial tip of the iceberg. shannon: are there more lawsuits to come? how strong or weak is the case? alan dershowitz live next. about 50% of people with evesevere asthma k? have too many cells called eosinophils in their lungs. eosinophils are a key cause of severe asthma. fasenra is designed to target and remove these cells. fasenra is an add-on injection for people 12 and up with asthma driven by eosinophils. fasenra is not a rescue medicine or for other eosinophilic conditions. fasenra is proven to help prevent severe asthma attacks, improve breathing, and can lower oral steroid use. fasenra may cause allergic reactions. get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. don't stop your asthma treatments unless your doctor tells you to. tell your doctor if you have a parasitic infection or your asthma worsens. headache and sore throat may occur. haven't you missed enough? ask an asthma specialist about fasenra. if you can't afford your medication, astrazeneca may be able to help. this is the all-new it's beautiful.. beefy and mean looking. it's the strongest, most advanced silverado ever. the cab is bigger than the last generation. it's the first truck i've seen make you look small. but that's not all... whoo! oh my... whoa! the silverado has more cargo volume than any competitor. very impressive. now, during the chevy presidents day sales event, get 0% financing for 72 months on this all-new silverado. drive yours away this presidents day. the new capital one savor card. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet? the latest inisn't just a store.ty it's a save more with a new kind of wireless network store. it's a look what your wifi can do now store. a get your questions answered by awesome experts store. it's a now there's one store that connects your life like never before store. the xfinity store is here. and it's simple, easy, awesome. shannon: we had technical difficulty but we want to get to top news tonight, 21 months after it began, special counsel's russia investigation is drawing to a close. many say the president's critics will be disappointed. kristin fisher joins us with what the president has to say. >> reporter: there are reports the special counsel's report to be replaced as early as next week at the same time donald trump will be in vietnam for his second summit with stzrok -- kim jong-il in. >> it will be up to the new attorney general. he is a tremendous man, tremendous person who respects this country and the justice department. that is up to him. the new attorney general. >> reporter: tonight the a deputy director andrew mccabe warned the release of the special counsel's report is imminent. >> we need to wait and see when that shows up. >> reporter: he is promoting his new book in interviews and the president continuing to criticize him even from the oval office when sitting beside the chancellor of austria. >> reporter: whether andrew mccabe made a full of himself the last couple days, he looks to me like a poor man's j edgar hoover. i think it is a disaster. >> reporter: mccabe thinks donald trump could be a russian asset. >> do you think he is compromised? >> it is certainly possible. that was our concern in may 2017. nothing would warn me off of that possibility. >> reporter: the house oversight committee says michael cohen will finally testify publicly on february 27th, the same day as donald trump's first full day in vietnam. shannon: a very busy news day. more on tonight's top stories, senior political i was britt hume joins us. i want to go back to this story where we have a lot of breaking news on jussie smollett. a lot has been made of what we do and don't know in this case but there's been discussion on this idea of victimhood and how it has become attractive to a lot of people. jason manning, the rise of victimhood, quoted in a "national review," perpetrators may not think of them as false accusations since they see it as an attempt to draw attention to a real problem. and claiming victim status will become more attractive. >> we don't know what was in jussie smollett's mind and heart. he has gone from being a victim to a suspect and is clearly under investigation for filing a false police report, and so much going for him in life, he had to have some powerful motivation to make an attempt something as risky as this scheme if that's what it turns out to have been. the idea that you are making an application for victimhood might well be the reason. we do now make heroes out of victims. this has been going on for some time. if you come back from getting shot after a war where you are clearly a victim but you may also be a hero and another if you are attacked on the street and become a hero, that is a different category altogether. >> a roller coaster ride for the past couple weeks, why should anyone trust the same natural media that fell for the obvious hoax to be world-class detectives and unbiased truth tellers when it comes to trump russia collusion. that tweet comes as we hear the special counsel's report may be wrapping up and andrew mccabe making the rounds. what do you make of the media's treatment of the serious issues? >> it is a mistake between the way a lot of local media and the way the national media handle it. local media in chicago did well, to them it was a local crime story made into a big story by the fact we had a celebrity in the alleged victim. they covered it from the police precinct level and kept up with what the cops were telling them on the record and off and they were well ahead of things when the story began to fall apart. national media looked at this story and decided it was a trump story because of the national media particularly in washington there's only one story all the time and it is donald trump into most of them it is how awful and dangerous he is. any story that alleges trump supporters in the crudest and most bigoted way have assaulted someone fits right into their view of trump and his supporters and it was too tempting for them not to jump to the conclusion they didn't a lot of them have a on their face and the same is true of a lot of politicians who had the same attitude. i noticed that tweets published by some of these politicians are disappearing from twitter by the minute. adam schiff took down one where he was talking about how -- what a terrible thing this was. it was posted on twitter. there's a lot of backtracking going on and properly so. >> some of the same folks who are discussing this, do you think they have been equally probative of him? some but serious questions to him. others seem to accept what he is saying as fact even though we know he was fired in part for being less than fully truthful for folks inside the fbi. >> exactly right. this is a man whose firing had to do with his credibility. he was deemed to be less than candid which is a general way of saying he lied to his fbi colleagues. we know that when robert mueller, the letter, the release by ron rosenstein said he was picking up the counterintelligence investigation that had begun under comey. you didn't mention another counterintelligence investigation which makes no sense when you think about it. all these things are there to be explored and haven't been and i think it is puzzling, whatever mccabe says hasn't been taken with more than a grain of salt. shannon: we like to have many questions. great to have you with us. shannon: the lawyer who filed a $250 million lawsuit on behalf of nick sandman is speaking out tonight. lynwood wants to punish the washington post for allegedly targeting the covington high school team because of his politics and what would call the paper's political buys, trace gallagher is on the case from the la newsroom. >> no argument that nick sandman at the covington catholic's were vilified by numerous outlets including the washington post after sandman was shown staring down nathan phillips and is growing evidence media outlets had a conclusion before looking at the video the changes the context and perspective showing the altercation began with a group of black hebrew israelites who called students a list of the scene and offensive names. investigators also say students were not the instigators and the lawsuit filed by the sandman family says the washington post used its, quote, vast financial resources by into the bully pulpit by entering false and defamatory print and online articles which effectively provided a worldwide megaphone to smear a young boy who was an acceptable casualty in their war against the president. the president also weighed in quoting the lawsuit and then saying this, quote, covington students, and fake news. legal experts tend to agree the coverage could certainly hurt his reputation but they also acknowledge sandman's burden of proof is high saying he has to show the washington post had reckless disregard for the truth meaning the paper new it was false and published it anyway. tonight sandman's lead attorney told sean hannity they will meet the standard. >> think about what this young boys having to deal with, the entire world saw him the way the media portrayed as the face of evil. it is inexcusable, reprehensible conduct by the media and the washington post led the way. >> alan dershowitz believe sandman has a reasonable case and it is notable this suit was brought in the federal district court eastern kentucky, a jury there may have a different take than in dc. >> right you are, thank you very much. what are the odds nick sandman's attorneys could win? let's bring in alan dershowitz and kentucky governor matt benefit to join us live to discuss, great to have you with us. i want to read from the complaint. sandman's attorneys say this is about the washington post making you nick sandman look racist. in targeting and bullying, accusing him of instigating the incident the post conveyed that nicholas engaged in acts of racism by, quote, swarming phillips, the native american activist, blocking his exit away from the students and otherwise engaging in racist context. will this be enough to get $250 million verdict? >> that is asking for a lot of money but whoever said the plaintiffs have to prove reckless disregard are wrong as a matter of law that this man is not a public figure, he was thrust into the public by the washington post and other media. he's just a high school kid and he doesn't have the heavy burden to prove if you are a public figure. all he has to prove is they told untruths about him which resulted in harm to him. it is a far easier case than if he were an elected official, high government official where he thrust himself into the news and made himself into a public figure. he has a significant chance of either winning the case with the washington post capitulating which they rarely do. in this case they may be better off settling the case and having it litigated particularly in a jurisdiction which won't be necessarily friendly to them. shannon: the governor of kentucky, the commonwealth, i want to read something from above the law.com. they say this is about winning a defamation lawsuit isn't really the game we are playing. instead we are fighting a new front in culture wars, the front trump has opened up against the media. the point is to chill other media from challenging the right wing. if the media lives in fear of any teen in a m aga had this lawsuit is a success even when, if it gets thrown out of court on a rail. >> remarkable they would say this is a war on the media by trump and those who support, this is the media, it has been noted on topic throughout the course of the evening on your show, but victimhood, finding victims, in this case the native american drumming in the face of this young team, he was a victim. that is what sells, tabloid journalism at its worst, a rush to the bottom and it is a reflection on the culture in this nation and doesn't reflect well on us. it is unfortunate how we are trashing people if they are in any way, shape or form seem to be associated with or able to be connected to the president it anyway. shannon: the legal team spell that out clearly. they say it is not a political case but this indicates what they call the washington post bias against anyone connected to or pierced to be supporting the president as the governor said. in his lawsuit they say they want to teach jeff bezos a lesson. to fully compensate him, to punish, deter, post a lesson they will never forget, this seek money damages in excess of $250 million, the amount jeff bezos made in cash, purchase a newspaper in 2013. sounds like they're trying to make a specific statement. >> that is a serious litigation. employers are making a terrible mistake and playing into the hands of the first amendment argument. what they are saying is they are trying to kill free speech. they would be much better off not making that argument and simply saying we represent one guy, a good, his reputation has been hurt, this is not about donald trump, this is not about trying to chill the media. a serious tactical blunder by the lawyers. my recommendation to this young man is he might seriously think about getting another lawyer who will take his case and not try to bring a general case against the media or jeff bezos or against the world. that is a blunder on the part of lawyers and it raises the first amendment issue, invites the court to say we are not going to try to chill free-speech or deter free-speech. if it were merely about this young man being hurt they would have a much better chance of winning. shannon: the washington post as we are reviewing the lawsuit and plan to mount a vigorous defense. step one would be to ask for change of venue. great to have you both with us. trouble off the court for martina navratilova. she is being shunned by many within the lgbt community for questioning transgender athletes. senator kamala harris says it was a joke, her father is not laughing calling out his daughter for what he says is identity politics. and isis bride from alabama wants to come home to the us the government is not a chance even though she says she can be rehabilitated. >> may be a process that will ensure the we will never do this again. 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's daughter cited her jamaican ethnicity as the reason she tried marijuana and wants to legalize it and said their ancestors must be turning in the grave to see their proud jamaican identity connected with a fraudulent stereotype of a joy seeker and the pursuit of identity politics. because of the snowy weather potential 2020 contender congressman eric's wall well had to postpone his morning coffee because the closest java was inside trump tower and he said there was no way he was going in there. victims to suspects to a felony charge in jail next for jussie smollett. we are joined by the power panel. stay with us. is that for me? mhm aaaah! nooooo... nooooo... nooooo... quick, the quicker picker upper! bounty picks up messes quicker and is 2x more absorbent than the leading ordinary brand. [son loudly clears throat] sigh [mom and dad laugh] bounty, the quicker picker upper. they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer all the amazing services of the post office only cheaper get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again! ♪ >> he said this >> this is ag a country, punches me in the face. opened back. i noticed the rope around my neck and started screaming. >> why did you hesitate to call the police? >> as a gay man you are considered somehow to be weak and i'm not week. >> reporter: he was defined when interviewed last week. tonight this developing story appears to be unraveling even further for the empires are facing a felony charge in connection with a false police report. time to bring in our power panel. leslie marshall, fox news interview guy benson and senior politics writer for u.s. news & world report, thank you all for being with us, good to have you. i want to read something from the atlantic that says the jussie smollett story would reveal something else modern america is about, victimhood, his future historians and anthropologists will find this peculiar, intriguing and sad. >> it is sad and strange. we don't know what motivated jussie smollett to do this but his story seemed very implausible from the get-go with the m aga detail. the performance on abc news was practically sociopathic given what we know now and what bothers so many people is not just that he made up his hoax and hate crime which is terrible into itself because it takes police resources away and it sows fear and resentment. in the process he and other people who amplified the story in certain ways tried to implicate by extension a third of the country smearing people as dangerous or violent based on political disagreements. a perfect storm because he is a celebrity who made this claim and he's in more trouble than just filing a false police report. the feds are involved. >>'s counsel points out your innocent until proven guilty, these are allegations and charges, standby for the rest of this. newsday says when someone lies about being a victim it is that much harder for the next person to be believed. that's not debatable, just the truth. >> so glad you asked me that because this to me is one of the saddest aspects. you do have those in the gay community, african-americans, african american men who are gay who are attacked and in the future people are going to raise an eyebrow next time somebody says i was the victim of a hate crime or there was a new sport around my neck, regardless of somebody is saying anything trump or wearing a make america great again hat. what makes this so disgusting is african-americans and those in the gay community, gay men, lesbian, trans or the lgbt community are victims of violence in our society and if this is true he has taken away from those victims and claims for future victims and that is horrific. >> a large swath of the media has taken a beating as it plays out too. >> i reserve judgment. the media jumped on his story and went with it and now we are jumping on the police story. i want to hear the whole case before i make a judgment. second thing i would say is if he did lie, that is sociopathic and says more about him and we are in a culture that we jump to the story and we are in a 24/7 cable news network, twitter, facebook, the media needs to put more brakes on the panel before we make proclamations about any case even beyond this one. >> this case involving a woman born in new jersey, joined to go to isis, had 3 different g heidi husband, two were killed in battle, she has a young child but she wants to come back to the us, the state department is saying she was never a citizen so there's a dispute about that. the lawyer said these are documents, proof the us government new as of september 1994 her dad was no longer a diplomat, she was born at the end of october in new jersey, donald trump has no authority to strip americans of citizenship, she wants to surrender to the legal system but she wants therapy, not jail. >> using it a lot more than therapy and there has to be punishment here but i do think we can learn a lot. one of the areas we have a real problem, ask any counterterrorism expert is with the radicalization through the internet and that happened to her. if she can talk about what appealed to her, what sites, what the attraction wasn't who she was married to, what they were discussing and planning, i think she was a young impressionable teens. teenagers have runoff with convicts. we should hear her out. in addition if in fact she was born in new jersey whether her father was american or not, she is an american, her child is an american and we shouldn't punish the child. >> she says she was brainwashed, naïve, young and learned her lesson. >> i don't see a case for someone who proclaim themselves to isis. it is a tough case politically. this is golden news for donald trump to seize on and say he's tough and strong and i don't see anyone out there in the ether coming to her defense which says a lot for her case. >> there are teenage mistakes and then there's joining isis. it is a material fact whether she's a us citizen. that might be a question in terms of whether she has certain rights but if she is one and the state department is wrong and she does come back, therapy is not going to cut it. this was aiding and abetting isis, the terrorist organization. to make it about the child she has back home she is responsible for her decision and that decision was a catastrophically bad one. shannon: her legal team is filing in federal court on the citizenship question they also say she wants to surrender to federal authorities so i think if that happens. power panel, thank you very much. we have more to discuss after the break. lb gt you advocate in hot water passing men who transition and become female and play on the women's tour are cheating. this outspoken activist is being shunned by many on the left. the power panel weighs in on that. >> shannon: back with our power panel. navratilova ina battle consultant stereotypes throughout her legendary tennis career epicenter of an lgbt queue firestorm tonight. our power panel sticking around for this. i will read from an op-ed she wrote, a man can decide to be female, take hormones required by whatever sport organization is concerned, when everything in sight and then reverse the decision and go back to making babies and it is insane and cheating. i will address a chance gender woman in whatever form she confirms but i would not be happy to compete against her. it would be fair. >> he lays the case out pretty well. how you identify is becoming more accepted in society but this is about having a different body, males and females have different bodies in the us olympic committee has standards about testosterone levels. if you are a trends man it doesn't matter but to have a trends woman competing below a certain testosterone level because that his impact on the strength you have to compete. she suffering back lash but if anyone was able to bring the case to the public it is her, with credibility. shannon: athlete allies that the lgbt coup community is not a monolith. we must leave space to learn from one another and to grow. if we fail to do so we are not only failing to advance equality as a whole but failing to live up to the core of our potential as human beings, all of us deserve a place in sports and in this world. a number of groups are breaking ties with her or disavowing her position, she was a pioneer is one of the early advocates for a lot of lgbt issues. >> that is why so many were surprised that she of all people said this and said what she did. the point i was going to make which actually assuaged any fears she or other athletes have about a trends woman because of testosterone level or the pool in professional sports. i understand what she was saying and a lot of people have that concern in the athletic community but because it is her and there is such sensitivity and more acceptance and 0 tolerance toward negativity i am not surprised that the backlash and i was the price she said what she did being her. shannon: the title of the article, the insane gay backlash, even with hormone treatments transgender women have more muscle mass and bone density and higher levels of oxygen-carrying red blood cells which aid electronic ability. that is a real issue at the high school and college level for students who are competing for scholarships. now this longtime gay icon is being ostracized by those she so vigorously champions when it was professionally risky. >> he was a trailblazer and she's making a case, she came under fire, did more research and came out swinging saying i believe even more that this is the case and their science behind this, it is not just hormones, not just testosterone, there are questions about muscle mass, there are a lot of americans who want to fully respect the dignity of trends individuals, treat them with respect, with the pronouns they would prefer and all of that and you can respect that. it is a separate question when it comes to athletic competition. what is fair, what is not fair. the types of questions that are raised by this tennis star in the lgbt community she should not be shunned and thrown out of the community because she is raising reasonable legitimate questions that ought to be discussed and debated and the answer should not be set up, go away but let's have this conversation. shannon: thank you for having the conversation, thank you. up next the latest on why alexandria ocasio cortez is being singled out. meat eaters beware. and part 3 of our series examining how the green new deal affect you we will look at how the socialist agenda can affect the foods 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book things to do tripadvisor and our shirts from custom ink help bring us together. we order custom ink to welcome new employees, personalize team shirts, and even for company events. the design lab is so easy to use. we just upload out logo and if we have any questions, customer service is there to help. seeing our team together in custom ink gear is an amazing reminder of how far we've come as a business. - [narrator] custom ink has hundreds of products to help you look and feel like a team. upload your logo or start your design today at customink.com shannon: a lot of people marking the green new deal, the environmental manifesto spearheaded by democratic socialist alexandria ocasio cortez. what the green new deal could mean now for your family's menu choices. >> for all the cow flatulence jokes, the green new deal is serious about the threat of cow methane. a derek are produces 400 leaders of methane a day. it is 25 times the greenhouse gas than co2. livestock pose other problems. >> is more to produce meet them plant-based food. >> reporter: cory booker said this planet can't sustain billions of people with animal agriculture, chuck grassley says that kind of criticism is naïve. >> a member of the house of representatives who knows this about food, food grows in supermarkets, not on farms. >> it is ludicrous to think 9% of total emissions and meet production of less than 1.5 will cause climate change. >> reporter: the green new deal proposes accelerating sustainable local farming. >> many farmers are selling direct at farmers market or community supported agriculture. >> good expedia dismantling big agriculture will feed the world cheaply. at the elimination of fossil fuel tractors, combines and other tools that allow farming to be handled by 2% of the population could have disastrous consequences. >> it lift people out of poverty, brings longer and better lives. i lived in africa and i can assure you without energy, life was short. >> reporter: sinex argue that is why it includes many non-climate related proposals. the hardships entire costs it would impose would require a vast expansion of the government's safety net. >> guaranteed jobs for everyone that include guaranteed benefits, health insurance and a living wage, universal healthcare. there is free education. >> a progressive manifesto masquerading as a policy platform. >> reporter: to older americans these ideas are preposterous because of the escrow michael cost that socialism is not only regaining foothold in the us, some suggest it is more popular among millennial's been capitalism. >> a massive winter storm created travel trouble for 200 million people in 39 states but nothing could stop rossi from helping her owner shall the parking lot, no job too big. checkout the spring into action after her owner was accidentally locked out of the house. you i midnight hero's. we will see you tomorrow night. thank you for joining us. >> jesse's comments is not letting him sleep right now so i think he should unload that conscience and tell the american people what actually happens. >> a lot happening this morning, it is thursday, fairbury 21st and this is "fox and friends first". happening on the east coast the tables have turned. just the beginning, breaking development and what could come next for the actor. this just keeps coming for the fbi, top lawyer now admits