>> now "shepard smith recording." >> shepard:. trump says he will announce his pick for the highest court in the land in a matter of days. a decision likely to shape our nation's future for generations to come. >> we have outstanding candidates. we will pick a truly great supreme court justice. i'll be announcing sometimes next week. >> president trump meeting with four state leaders this afternoon to discuss his potential supreme court nominee. among them, the democratic minority leader chuck schumer who says it's hard to imagine the president will pick a nominee that both democrats and republicans will support. justice scalia was the most conservative member on the bench who the new nominee will replace. president trump promised to replace him with a conservative. there's four conservatives and four liberals on the court making it idea logically dead locked. a supreme court justice gets a lifetime appointment with republicans in control of the senate, president trump's pick will likely pass. democrats could try to block the nomination using procedural hurdles. president trump signed a number of executive orders this afternoon, including one that gives the go ahead for the keystone pipeline. in addition at the white house press briefing, the press secretary sean spicer said the president still believes that there was widespread voter fraud during the presidential election based on what spicer calls studies and information. he did not give specifics. fox news is not aware of any reliable studies or any information at all that indicates what the president has said. further, the republican house speaker paul ryan says in essence, the president is wrong on voter fraud. john roberts is live at the white house. john, sean spicer got the question on voter fraud issue. if the president truly believes for some reason there was voter fraud despite a lack of evidence, it was asked why not investigate? >> a very good question. sean spicer didn't have much of an answer for it other than to say the president was very comfortable with his win of more than 300 electoral votes and you move on. what is interesting about this, there's very important news coming out of the white house the last 3 1/2 days. seems to get overshadowed in almost every turn by something that comes out of the president's mouth. last night when he had the congressional leadership at the white house, he said he would have won the popular vote in the november 8 election, had three to five million people had not voted illegally. as you pointed out, there's no credible study to show that there was any kind of voting irregularity. the house speaker said today when he came to the microphones this morning saying he was going to invite the president to speak to congress in a joint session on the 28th of february, that he has not seen any evidence that there was widespread voting irregularities. while you can imagine, not many staffers believe it, sean spicer defended the president's right to believe it. here's what he said. >> the president does believe that. he has stated that before. i think he stated his concerns of voter fraud and people voting illegally during the campaign. continues to maintain that believe based on studies and evidence people have presented to him. he won with 306 electoral votes. he's comfortable with his win -- >> the trouble with him is he's bringing it up. >> he was having a discussion with folks and mentioned it in passing. this isn't the first time you've heard this concern of his. >> there you have it, shep. he's very comfortable with his win. he believes that three to five million people voted illegally. but there's no plan to launch any kind of investigation or even mild inquiry into any of this. shep? >> shepard: to point a point on it that we believe is based on nothing. what can you tell us about the executive actions on keystone xl and the dakota pipeline? >> two of the big projects that were moth balled by president obama. president trump signed five executive orders, one of which had to do with keystone inviting trans canada pipeline to build keystone, to file a new permit application to construct the pipe line. he said he would expedite it when he received it. another one on the dakota access pipeline. that was stopped late last year a midst protest from native americans that didn't want it crossing certain lands in north dakota. he said build it. he also signed three other executive orders to deal with regulations and environmental reviews for infrastructure projects and manufacturing in this country. the other one would declare that u.s. steel had to be used to build those pipelines to the best of the nation's ability. here's what he said on that. >> we build it in the united states, we build the pipelines, we want to build the pipe. going to put a lot of steel workers back to work. >> environmental groups are already up in arms over all of this. so shep, you can expect we'll hear a lot more about this before the first shovel hits the ground. shep? >> shepard: the president met with auto leaders, today too. >> yeah, he's been talking about jobs. he had the leaders of the big three, ford, fiat chrysler and general motors. he pledged to automobile leaders that he would reduce the regulatory tax burden that would be less expensive to produce a car in the united states than to produce it oversees. here's what he said. >> we're bringing manufacturing back to the united states. we want regulations, but we want real regulations that mean something. >> as you mentioned, the last big meeting of the day when the senate leadership is coming over with the ranking and chairperson of the judiciary to talk about the next supreme court nominee. we'll see if that meeting comes off without any kind of tangent that will be thrown in that will take the president off message. >> shepard: thanks, john. president trump said he will announce his pick to the supreme court next week. john andrew napolitano is here. the judge met with president trump before he was president trump and then just after, i guess he was president trump at trump tower before he took office. nothing since. the sessions hold up? >> you're talking about the hold-up of -- >> shepard: first of all, start with the supreme court. on the matter of the supreme court, he's been clear about the kind of person he wants on the court. >> he wants a person who will rank high and forgive this word, but they use it, scalianess. and he actually engaged people to run a metric. they found a half a dozen points that were typical of justice scalia. then they ran the judicial opinions of these people through a computer to see how they came out on these points and they were able to rank them. they also made inquiry of their fidelity to the belief in originalism, that the constitution doesn't change with the passage of time. to find people that would reflect justice scalia's beliefs. that i have a list of 20 to 21 depending how you look at it. >> shepard: what he wants is a conservative jurist. >> yes. >> shepard: others have tried for idealogical preferences and they fail. >> yes, george h.w. bush famously appointed david suitor who was more on the liberal block on abortions and guns and things like that. eisenhower had the same failure with earl warren in -- >> shepard: who eventually got the court. >> right. we don't always know how it will happen. i can tell you in my experience in the new jersey courts when i had a lifetime appointment. when you have a lifetime appo t appointment, something happens to you. you're liberated from the political forces that got you there, in my case the governor and in the case of the supreme court the president that got you there. you're your own person. you have to be faithful to the laws and the constitution and not the people that put you there understand them. >> shepard: then there's the matter of jeff sessions who at one point we thought would face a rocky confirmation. that's not to say that he doesn't face objection. >> he faces objection for a couple reasons. there's some that don't like him because he's a conservative republican and they don't want a law and order let's enforce the drug lay -- laws -- >> shepard: a revival of the drug laws. >> yes. and others believe that jeff sessions was rejected by an appointment by president accessory again in 1986, statements that he's alleged to have been made that were racially sensitive which he denies then and denies now indicate an attitude inconsistent with being the nation's chief law enforcement officer of the land. they want to air that case. senator feinstein of california used as a basis for requesting the delay this morning the massive numbers of people that marched in the country over the weekend, some of whom carried signs opposing senator sessions confirmation. so they want more of a forum to air their grievances. i don't think they'll be successful but under the rules they're entitled to it. >> shepard: senator sessions tried to put legislations in the state of alabama and it's been widely suggested that he was not in favor of -- that he has had racial problems with it in his own state repeatedly and for decades. >> yes. he produces his chief of staff a now very prominent african american lawyer in alabama that testifies eloquently in his defense, that none of these things happened. if they happened, there's another view of them and we suggest the other view. i suggest, shep, that that's enough to get him over the hump. the democrats have not succeeded, though they'll try and take more time in prying loose republican support. so to block him, chuck schumer and company will have to pry loose a half a dozen republicans. i don't think they can succeed. >> shepard: doesn't appear they'll succeed on all of them. looks as if all of president trump's nominees will go through. 2016 is a year. we've had eight years. give me a break. not political. not this time. thanks, judge. >> thank you. >> shepard: president trump's pick for health and human services secretary is facing another testy hearing today. dr. tom price is defending his decision to invest in healthcare companies even as a powerful member of congress who was working on healthcare legislation. finance committee staffers report that congressman price undervalued 400,000 of his stock shares. price blamed it on a clerical error. so there's the rub. plus what the nominee says about the healthcare law. and breaking news right now. a live look from alameda county. search teams are working to recover a car this investigators say belonged to a teenager who has been missing since saturday. cops say her car flew off the road and plunged into a creek after crashing into another vehicle. that's a live look. the local sheriff says the teenager's parent had been working along the creek looking for any sign of her. we'll have more on this desperate search with trace gallagher on a very busy tuesday on the fox news deck. glad to 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proof. ask your doctor about victoza®. >> shepard: tom price on call toll hill today talking about investments he made while in congress. price just testified. the republican congressman in front of the senate health committee last week, but that was before president trump signed an executive order targeting obamacare. the measure allows the fed to wave parts of the affordable healthcare law. as health and human services secretary, tom price would be in charge of enforcing that order and he would play a key role in overhauling obama care itself. the tom democrat on the finance committee is oregon senator ron wyden and he asked price about that today. >> yes or no, under the executive order will you commit that no one will be worse off? >> what i commit to, senator, is working with you and every member of congress to make certain that we have the highest quality healthcare and that every single american has access to affordable coverage. >> that's not what i asked. i asked will you commit that no one will be worse off under the executive order? you ducked a question. will you guarantee that no one will lose coverage under the executive order? >> i guarantee you that the individuals that lost coverage under the affordable care act, we will commit to making certain that they don't lose coverage on whatever replacement plan comes forward. >> shepard: democrats have been going after price for the investments that he made in healthcare companies that were tied to his own legislative work in congress. price is a orthopedic surgeon who served in the house for more than a decade. according to the reporting of the "wall street journal," he's traded more than $300,000 in shares in companies the past four years while supporting or sponsors measures that could have potentially affected those companies stocks. tom price has repeated denied that he did anything wrong and defended his investments again at today's hearing. mike emanuel with details live on capitol hill this afternoon somewhere in front of a green wall. what did price say about his investments? >> we're outside the hearing room where it just wrapped a short time ago. what price did in terms of investments are legal and he's been transparent. republicans say he's being treated unfairly because the investments were faced by a broker. but price said he faced questions in health-related companies and he had challenges answering those questions. some experts have suggested lawmakers are allowed to do that type of investing but you face scrutiny. >> we have a paper trail for every comment i've made. yes or no. doesn't this show bad judgment? >> no. the reality is that everything i death is ethical, legal and transparent. >> price says if confirmed, he would divest his interest in health-related companies to make sure there's no conflicts of interest, shep. >> shepard: what else did congressman price say about the future of the affordable healthcare law? >> democrats were certainly looking for details about what is next in terms of healthcare perhaps there's not a defined republican replacement. dr. price didn't make a lot of promises. >> you cut medicaid by a trillion dollars in your 2017 budget. yet today you want to stand on some notion that, well, whatever you guys do is fine. that's just not reality. >> what i believe in is a medical system that is responsive to the patients and provides the highest quality care possible. it's incumbent on you and me if i'm giving the privilege in serving in this capacity to work together to find the solution so we provide the highest quality care for medicaid patients and everybody else in this country. >> there was a lot of that in today's hearing, let's work together to do what is best for the american patients and consumers, shep. >> shepard: mike emanuel, thank you. one of the president's more controversial picks, time price. but our next guest says the controversy is about the fight to keep parts of the affordable healthcare law. that's next. ♪ (vo) do not go gentle into that good night, old age should burn and rave at close of day; rage, rage against the dying of the light. do not go gentle into that good night. ♪ ♪ ♪ ♪ >> more on our breaking news from earlier. i want to show you a live look. alameda county, california where they're trying to get this vehicle out of a swift current creek. workers are in the water. they have lines attached to the workers and appear to be searching the vehicle. they're looking to recover the car which investigators say they believe belongs to a girl who has been missing there since saturday. the police say her car flew off the road and plunged into a creek after crashing into another car. we've been watching this throughout the afternoon, for the better part of the last half hour. here family had been walking along this creek looking for any signs for quite some time. i think trace gallagher is with us from los angeles. trace, they believe this is the car, i presume. >> they do believe this is the car, shep. they're hoping, the family, that this is not their daughter inside. the only chance she had to survive is when the car crashed saturday. what you're looking at here, the divers getting as close to the car we have seen them. the reason the water is moving so fast, as you don't know, we've had an immense amount of rain in southern and northern california the past four or five days. it's a very tricky maneuver here. they couldn't find the car the past couple days. it wills completely submerged. they saw the tires sticking out. they're in the process right now of trying to slow down both the reservoirs. the idea is to get the water to slow down so that they can go in there and look and they can find out if in fact there's somebody inside. as the county has tell you, they've been asked to shut down freeways and airports. they have never been asked to shut down the flow of reservoirs so that rescue teams can try to go in there and get a better look. this has been going on now for about four or five hours, shep, since they first spotted the car this morning. they're hoping to attach cables to it. when they can get the water slowed down to a pace enough, the idea is they will just tow the car out. again, the family on scene right now, is hoping that their 18-year-old daughter is not inside. the car hit another car on saturday, went over the ravine and then disappeared. they've been using drones, they've been using several walking searches to find the vehicle. just this morning the water was low enough, they finally spotted the tires. now it's a matter of getting inside, getting the car attached to cables and getting it pulled out. as you can see, all of the rescue teams, the dive teams are tethered to the shoreline so that they don't get southwest away. >> shepard: i want to show our viewers where this is. canyon heights in valejo mills. trace, at the time of this google earth, there wasn't much to it. if you look now, as you described, the rains have become coming at such a pace that everything -- i assuming they're closing locks in a dam somewhere? >> yeah. that's what they do. there's a couple reservoirs that feed into this creek. up and down the state of california, all the reservoirs and all the creeks are overflowing. we've been talking about a drought for five years. in northern california, the drought is over. southern california still has a little bit. all of the reservoirs in the north, the problem is they've been having to release water anyway. they're too full. so trying to slow the reservoirs down, the various locks, is a tricky procedure. the scientific term is they're trying to slow the water from 2200 cubic feet per second to around 1,200 feet per second. we have no idea the rate it's going right now. the idea is once they get to it 1,200, they can hook the car up and start to pull it out. then you have the section and the mud. so they don't stand a chance of pulling it out until they can get the water at a slow enough pace where this thing will pull out. you can see them giving directions and waving on the side. yeah, this creek is probably two to three feet lower right now than it was a couple hours ago. so whatever they're doing to slow down the flow of water is working at least for the time being, shep. >> shepard: you can tell the last 30 minutes -- i know you've been watching this for a long time. we've been watching closely the past half hour. it wasn't 15 minutes ago that the water was rushing over both ends of the car. they have either gotten it out of the flow and towards the embankment and slowing the water down. sounds like a combination of the two. looks like they're getting to a point to find a resolution here quick, trace, looks like. >> it does. right now what the family is most worried about is whether or not there is somebody in the car. they know their daughter was alone. the rescue teams may have not conveyed that to them by now. but you can see them looking in the car. they have a good idea of what is inside. right now the process, as you can see, it's mired down in the mud there. the process is to bring the tow trucks from the side that is tricky. the road is a fair bit back. you have to get the cables and lines hooked up. hooked up maybe 80 to 100 yards so you can get some traction on these tow machines to have them pulled out. they'll use whinches and so forh to pull it up. right now what they don't want to do, put a diver in danger by getting them in the water and having them always, i should say -- doesn't look dangerous. you have the sides over there that look dry. about an hour ago, the water was still rushing at a very good pace. it has slowed down dramatically to give these rescue teams kind of a chance to go in there and at least do some reconnaissance before they decide how to handle this, shep. >> shepard: i know they flew a drone over the area for a while yesterday, trace. couldn't get into the deep water. it was moving so fast. then by today, i guess the creek had decreased significantly and they made this find. what do we know about the car crash that preceded this car going off the cliff? >> we know it struck another car. when they say this 18-year-old was missing, everybody knew the reason she was missing. it wasn't like she just disappeared. they couldn't find the car. they know the car went off the embankment, struck another car. the other drivers began searching the water. the water was significantly higher. went it went over, we had this dill -- deluge up and down the state of car -- california. the visibility was bad. we've gotten enough snow in the sierras now, more snow in january than they have ever had in a single month in the recorded history. gives you an idea of how much water was flowing in these atmospheric rivers that came across the state. so on saturday afternoon, when you have these downpours, she apparently, the visibility was lost, she flipped the car over. they simply could not find the car anywhere until early this morning. >> shepard: we're told the family is on scene. we're know they're close enough to have information for them. we don't know whether that information has been relayed to anyone. we'll continue to watch this and bring you updates from alameda county. james comey staying on the job in the new trump administration. even though president trump himself criticized the bureau during the campaign. we'll have details on that ahead. we'll look at the c.i.a.'s new boss, mike pompeo. we'll look ahead for his plans for syria, isis and others. it's not just a car... it's your daily retreat. go ahead, spoil yourself. the es and es hybrid. this is the pursuit of perfection. all finished.umm... you wouldn't want your painter to quit part way. i think you missed a spot. so when it comes to pain relievers, why put up with just part of a day? aleve, live whole not part. painter: you want this color over the whole house? >> i'm lea gabriel with the fox report. italian police say six people have died in a helicopter crash, the same region that a deadly avalanche hit last week. witnesses said it was cloudy when the helicopter went down. the city of paris rolling out its first driverless buses to the public. for now they carry up to ten passengers in the french capitol. they have a dedicated lane in which to drive. and a chicago police officer caught on video tossing a cup of coffee at a guy on a motorcycle. the video going viral. the biker admitted his and his buddies were noisy. the chicago police department investigating the incident. the news continues with shepard smith after this. >> shepard: continuing coverage on president trump's pick to lead the health and human services, tom price. emily goodman is live with us from washington. hi, emily. >> hi, shep. >> shepard: the main beef here is what? >> yeah, the main piece here, this is a bigger controversy over bigger than time price. this is about the fight over obamacare and what will replace it. what the democrats are really worried about is the removal of the individual mandate because if there's no individual mandate, healthy people probably aren't going to buy health insurance. that's going to drive up the prices for those that need it. >> shepard: dianne feinstein among others making the point, if you're an older person, you have to have health insurance. everybody has to. if you're a younger person, you might not. the idea here is you spread it all about. that was the idea from the beginning. >> exactly. that's the democrat's exact argument. what you saw today in the hearing is the democrats are really prying to set policy parameters through their questioning by asking about the individual mandate. by asking about coverage for children, for those just coming out of college. the republicans have no plan. so we don't know yet what they're planning to replace obama care with. the executive order that president trump signed has been vague on the subject. so they're trying to nail mr. price down before he's even confirmed. >> shepard: the democrat's argument seems to be that as long as you can talk about something forever that your constituency believes in such a that obamacare is awful. so the democrats want to pin them down on something. like you say you want let people people under 26 stay on, you want pre-existings to be covered. but when they come to pay for it, the right wing will jump up and down. >> and the two provisions that you just mentioned is what makes it so expensive. republicans realize that and they're trying to fudge the numbers and fix the numbers. it's hard. that's why we don't have a plan from them yet. >> shepard: it's going to be hard no matter when they come up with it. at some point they have to do one of two things. they have to say yes, we'll have the 26-year-olds and the pre-existing conditions and we'll have to pay for it or no we're not going to have it because we can't pay for it. either way, people will be angry. >> a lot of people will be angry. democrats are rallying the base on this. they're holding rallies where they're having people talk about how obama care has saved their lives. by kind of dragging out this nomination process, they're getting a chance to get their story told and get their message out. also, mr. price is likely to be confirmed because republicans have the numbers. but democrats are making sure he's going to come into office under a cloud of controversy. >> shepard: the matter of ethics and stock trading is the main thing but not the real thing. >> it is part of it. it's part of the democratic plan to discredit mr. price. but there are real questions. the real emphasis is on mr. price to clear the waters. he's been asked about this but he hasn't really clarified to an exact extent what the investments were made through his blind trust and what investments were made by him personally. the democrats will use it until it's settled. >> shepard: it will be interested to watch. always is. good to talk to you.anks, emily >> thanks for having me. >> shepard: five days into president trump's new term, lawmakers have not confirmed most of his cabinet picks. senate democrats are delaying his vote pick for attorney general. jeff sessions from alabama. the senate judiciary committee was vote to set on session's nominations this morning but democrats need more time to consider him. peter doocy has more. what are the republicans saying about this delay, peter? >> shep, they think the delays are because democrats still can't get over losing the presidential election in november. >> at this point, in president obama's administration, five days into the administration, there were 14 cabinet members confirmed. so far, there's three under president trump. there's no excuse for this. 12 of the nominees have all of their paperwork completed. >> but the democratic minority, chuck schumer who sticks to his word to slow roll eight of the nominees for top spots leaving the cabinet incomplete for months says he's doing it to make sure the merits of each cabinet member or each head are properly debated so the democrats don't defer to the new republican president too much. >> we're not being dilatory but we're not just going to rush them through. to have a few days discussion on them makes sense. >> whatever happens today though is probably it for the week. republicans had a previously-scheduled retreat for house members and senators in philadelphia. even though the president's nominees are facing intense resistance in the house, they're sticking to the schedule. today is the last day of work in washington for them. >> shepard: peter doocy, live in washington. thank you. president trump meeting with his new c.i.a. chief this afternoon. vice president pence swore him in last night. >> congratulations. >> thank you. >> shepard: the senate vote was 66-32 confirm the congressman. a majority of democrats voted no. president trump was critical of intelligence agencies for saying that russia meddled in our election. president trump agreed with the c.i.a. headquarters. he claimed the media cooked up the story, which was not true. jennifer griffin live at the pentagon. what are the reasons lawmakers are giving for voting against pompeo? >> shep, on the republican side, only rand paul voted against mike pompeo. democrats couldn't get to washington last night to cast their votes because of storms on the east coast. democrats were worried because pompeo seemed to backtrack after giving testimony that he would not support using torture. >> can you say under current law, which limited interrogation to the army field manual, that you will comply with that law and that the c.i.a. is out of the enhanced interrogation business? >> yes, you have my full commitment to that, senator heinrich. >> he said if experts believe current law was an impediment to protect the country, i would want to understand such impediments. most former c.i.a. directors have publicly said they think pompeo is a good choice for director. he's generally well-liked, shep, at the c.i.a. after serving on the house intel committee. >> shepard: jennifer, thank you. so you think president trump's policies will increase or decrease the deficit? there's been a lot of discussions in republican circles. now we have the official report from the congressional budget office. nonpartisan. we'll have its findings for you in just a moment. i thought i was managing my moderate to severe crohn's disease. i didn't think there was anything else to talk about. but then i realized there was. so, i finally broke the silence with my doctor about what i was experiencing. he said humira is for people like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. if you're still just managing your symptoms, talk with your gastroenterologist about humira. with humira, remission is possible. >> shepard: now that congressional budget office report. our nation's debt is about to get deeper. much deeper. adding some $10 trillion to what we already owe over the next decade. that's according to the congressional budget office. that's not coming from some liberal group. the number crunches are strictly nonpartisan. president trump has called for $1 trillion in infrastructure work and increase in military spending and tax cuts for some people and corporations. mike bender from the "wall street journal." how is this flying in the republican party? >> this highlights the republican montra over the last few years of the need to cut entitlements. social security, medicare. but that was the republican party pre-november 2017. the republican party now of donald trump, you know, his main promise is not to cut entitlements. what this does is highlight how little room the new president has to play with in order to meet his campaign promises of protecting entitlements as well as increasing spending on infrastructure. >> shepard: to put a point on it, the biggest drivers of debt in america are not military spending or anything else that you've heard about. the biggest drivers are social security and medicaid. it is president trump that said while campaigning and reiterated since becoming president, that he's not teaching either one of them for anybody. so if you don't do that, you add spending for healthcare and add spending for the military and cut taxes, the congressional budget office runs the numbers, this is before they replace obama care, this is just about repeal. repeal it and don't replace it and we're $10 trillion in the hole over ten years. at some point, there's push back, i would guess, right? >> yeah, that point could come when they actually have to pass a budget. start passing some of these proposals that trump says he wants. i mean, when it comes to any of these, the house -- trump said he wants to replace the health care law. but still have insurance for anybody. we haven't seen details yet. he wants to replace the nation's roads, bridges and airports. we haven't seen details of that yet. what trump pointed to was his tax plan. the huge tax cuts that numbers show add to the deficit but he's promised 3% growth and says possibly 4 or 5. he's even said 6% growth. the cbo report you mentioned, i should point out, is that growth about 2%. >> shepard: yeah, the numbers don't add up yet. michael bender from the "wall street journal." nice to see you. the news continues after this. i discovered a woman my family tree, named marianne gaspard. i became curious where in africa she was from. so i took the ancestry dna test to find out more about my african roots. ancestry really helped me fill in a lot of details. the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance. >> shepard: a political insider cannot confirm after talking to hillary clinton, says he thinks there's a 50/50 chance she will run for mayor of new york city. this is based on nothing. that's what a billionaire business man. he said the former democratic presidential nominee said she would run but he said she wouldn't rule it out. means she doesn't want to talk about it. i for one believe this is much to do about nothing. put the word clinton in the "new york post," you get click, click, click. >> i blame the russians. fake news. >> shepard: don't even. but you know, i guess could she? i don't know. what is your thought on this? >> there's people that have been trying to draft her to run for mayor of new york city. it's a very prestigious high profile position. she doesn't like bill de blasio. he didn't throw his weight behind her in the primary. her husband swore him in as major of new york city. they've had a tight relationship that is fractured. she would love nothing more than to beat bill de blasio and have her final crowning moment be as a mayoresse of gotham. there's still a chance she could loose. she's lost enough. with the never trump people and the jill steins of the world and the recounting votes and lost more of those, she's done enough losing. >> shepard: this is a dreamy thing from tabloid editors. if i were on a tabloid, i'd be begging for her to run. it sells papers. >> maybe she could run the fbi. that's just as likely. >> shepard: maybe she will come over for dinner. none of these things are happening. but they're in the "new york post" who got the first question from president trump's press secretary on the first day. >> absolutely right. >> shepard: there you go. there's that. >> well, there's that. that is not going to happen. >> shepard: have you seen hillary clinton lately? >> yes, i was hiking in rhode island looking for a log cabin that was once owned by andrew jackson and i found her there. >> shepard: there you go. >> there she was. >> shepard: on this day in 1935, beer in a can went on sale for the first time. you had to punch a hole in the type. experts say they flew off the shelves. cans are better for the beer. bottles allow more light. the first canned beers debuted 82 years ago. you still have the poke a hole to shotgun them. in fact, we're going to do that right now. >> putting pen to paper. did president trump put more jobs in play? >> we'll see if we can get that pipeline built. a lot of jobs. 28,000 jobs. great construction jobs. we build it in the united states, we build the pipelines, we want to build the pipe. going to put a lot of skilled workers back to work. we can't be in an environmental process for 15 years if a bridge is falling down or if a highway is crumbling. we're expediting environmental reviews and approval. that's what this

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