years ago here and first event 2004. go to wound warrior project.com, reconnect with other organizations in your community, find ways to give back and for 25 cities we have a full-time presence, we're in hundreds of cities. if you are a veteran today sitting in isolation and not taking advantage of the opportunities, please get involved. isolation is a killer, lawrence, as you have seen first-hand. reconnect with a tribe through wounded warrior. >> lawrence: i know your term is coming to an end at wounded warriors. you took on the challenge and represented the oergsz organization so well. guys, make sure to go to wounded warriors to donate, as well.

third hour of "fox and friends" starts right now. >> brian: we begin this hour and final hour of the show on "fox and friends" with a news alert. former president trump vowing to fight back after being kicked off the gop primary ballot in colorado. >> steve: colorado state supreme court ruled former president trump violated section three of the 14th amendment because of his actions on january 6. >> carley: former trump attorney will join us live. first peter doocy is live outside the white house with more on this developing story. hi, peter. >> peter: donald trump has a lead, he has to win primaries and collect delegates to get nomination. colorado is the first to do this, supreme court there ruled he engaged in insurrection on

january 6 and that violates the constitution. trump campaign says colorado state supreme court issued a flawed decision and we will swiftly file an appeal to united states supreme court and stay of this deeply undemocratic decision. colorado secretary of state believes they have trump on the civil war era section three of the 14th amendment. >> the colorado supreme court confirmed that the district court got it right, he did engage in insurrection. section three of the 14th amendment has to apply to the presidency. if not, it is get out of jail free card. >> in a nightmare scenario, a president leaving office attempted to create insurrection, that is idea of raising armies and blood in the streets where there is real civil war type event that takes

place. >> remember president biden told donors earlier this month, if trump was not running, i'm not sure i would be running. he cleaned it up to say he is in regard lsz. a trump-biden 2024 rematch of 2020 is a sure thing. back to you. >> steve: thank you very much. meanwhile, bring in one of donald trump former attorneys, tim palatorri. oversaw the search at mar-a-lago. good morning to you. what do you think? >> i read the decision and i think it was stunning to me for how much it ignored federal law.

that is statute that says if you are convicted of this section, then you are disqualified from holding office. for a state court to go around that statute to implement their own standard and decide even though all these grand juries sitting in d.c. declined to charge insurrection, we find there was insurrection is not appropriate and it is state court wading into a political argument as opposed to legal argument. >> lawrence: they say there was no strict compliance with due process here, how is that fair and how can we expect colorado

to embrace this outcome as fair. how do you answer that question to the people of colorado? they won't have a candidate if this holds up, i think it will go to the supreme court. how do they have a free and fair election. it goes back to the message donald trump put out in 2016, the ruling clas is not listening to you and don't trust voters to make a decision on their own. i think that is the message voters take away from this. i'm sure some people are celebrating this decision. it could have the opposite effect of giving him a boost in the polls and reinforcing that same narrative. >> brian: they had the cases dismissed in other states.

same case. the others, 13 more pending in these states. with democratic governors appointed democratic justices, you have to figure this will happen again. will the supreme court address this and find they agree with you about colorado, will that cease and desist the other challenges? >> yes, i think this is case where the supreme court has to step in and be consistency across the states. when you read the colorado supreme court decision, they are saying trump is ineligible for the office of president. if you carry that logic through, let colorado stand on its own and other states come out that way. they are able to overcome the fact and win the election, what happens then?

the colorado supreme court told the governor of colorado he is not eligible to be president and you can ignore him and colorado doesn't recognize the chief executive. the ramifications of this are wild and one reason why i don't see a world in which the supreme court doesn't step in on this. >> carley: talk about those ramifications more. that is one side of things, the other side is political. you lived through the mar-a-lago raid and followed reaction to that closely and what happened after that, it just rallied trump supporters more. do you anticipate that happening here, as well? >> absolutely. already seeing some opponents in the primary rallying around them and it is very reminiscent of that time when initial indictment came down and when the raid happened where people

are going to sit there and say this is an overstep and abuse of the judicial process to affect political goal. really the courts are there to keep courts fair and safe not to further political agendas. it will help him in the polls and further damage the public's confidence in the integrity of the judicial system. >> steve: thank you for getting up early and weighing in on this. >> thank you. >> brian: how much legal fees cost now and comes out of campaign a lot of it, incredible. border patrol confirming 12,000 migrants encountered near the southern border, new single-day record. >> lawrence: customs and border protection is call nothing reinforcement from federal bureau of prison. >> carley: griff jenkins was at the border last week and joins

us live now. >> griff: they are calling in the cal vary and i've covered the border for a decade. just got back from eagle pass and i've never seen anything like this. migrants from 30 countries, lebanon, bangladesh, guinea, china, you name it. border patrol agents outnumbered 200 to 1. texas dps is standing around watching hopeless. there have been 190,000 apprehension and we have 11 days to go. the daily record was set on monday and still trying to process this group. 260% over capacity, it is all hands on deck.

ice sent 141 personnel to help and personnel coming in to provide limited transportation to assist border patrol on southwest border. cbp commissioner troy miller releasing a statement saying smugglers are recklessly putting migrants in harm's way to the top of trains or into the waters of the rio grande water. need additional funding to affectuate for those who do not use the pathways. new report from the center on immigration studies shows nearly three in five illegal alien households are on welfare support, that is economic impact. >> carley: sorry, steve, do you

mind? implications, as well, and used to seeing large groups, 500, 1000 cross at once. human smugglers are doing that on purpose. tell us why. >> because they see the vulnerabilities, the trans-national organizations are exploiting in ways never been done and you mention numbers and that is what is the forefront of every cbp officer and border patrol. in addition to numbers numbing americans, 12,000, 600. there are known gotaways, we saw them, we didn't have personnel to go apprehend them. that is 1000 everyday we don't know who they are, that is national security risk if i ever

saw one. >> steve: your point, they are taking from bureau of prison, people travel this holiday season, they should know that we have seen reports where air marshals were taken out of airplanes and process people at the southern border. for the most part, i remember the story, they go down south to help with the migrant flow. >> griff: they are pulling from every corner they can, it is triage situation, military term for do everything you can and the reason why, numbers keep coming up and you have what i call the selfie effect, it is something my mexican independent journalist cake up with. they take a selfie and send back to family and friends and put on social media to send a message to those behind them, now is time to come.

if you wanted to run a marathon and i just finished one and i'm standing there with a medal smiling, it sends a message you can do it too. until that stops, until the mass release policies get back, according to officials i talked to. >> lawrence: you have 60% on welfare living paycheck to paycheck, holiday season, people barely making ends meet and they come to the country and we've been told everybody is working, apparently everybody is not working, we are paying them to sit at home. >> steve: connect the dots and make the full circle, congress comes to a deal, solely funding to provide more people more processing, numbers continue to rise that comes out of our pocket and 60% of households go

on taxpayer fundeded welfare. this cycle is our taxpayer dollars not doing anything to stop this but to continue it. >> brian: should be a monster deal done. groundwork was set, but they are going home for christmas. instead of getting this done. does border patrol get a day off? do they know it is christmas at the border? absolutely not. >> griff: we're working. >> carley: you brought up the air marshal, i spoke to an air marshal a few weeks ago that said there are no air marshals in the sky anymore. only flights they are on are following people that were at the capitol on january 6, separate story all together. we have more headlines starting with fox weather alert.

lava gushing from that volcanic eruption 234 iceland. the magma could continue flowing for months and pollution warning as smoke and ash fill the air. federal judge allowing removal of confederate monument to go forward. ruling comes day after removal was paused by the same judge who says defend arlington did not establish a reason for why it was in the public interest. yesterday brian kilmeade claimed his christmas tree had not been watered in days. his wife says otherwise, she saved christmas. >> brian: reminded me, no one has watered my tree in two weeks, i just realized that. >> carley: your tree about to look like that.

>> brian: somebody water the tree. dawn wrote me and she has been watering the tree. >> carley: we asked viewers, who waters the tree at your house. chuck says it is his responsibility and he uses a funnel. you could use a french horn. rene's granddaughter says, i can solve this problem, buy a fake tree and cheryl sending this message to brian, we all know dawn takes care of everything, including your tree. >> brian: true. >> lawrence: slight confession. >> brian: which is? >> lawrence: i buy the fake tree, i did not know you had to water the real tree. growing up, we never had a real tree. my dad -- >> brian: weapon by new year's eve. >> lawrence: i did not want to confess it, i can't let brian be

embarrassed, this is worse. >> steve: you love the piney smell of the tree, when you don't water it, you don't get the piney smell. >> brian: right, it smells like kindling. >> carley: you never water trees, you get it from the ground. >> steve: those trees have roots. >> carley: these are things people don't think about. >> lawrence: do they really die in a month? >> carley: needles come off. >> steve: if you have a dry tree, lights will catch your house on fire and that happened to my next door neighbor, burned down their house. >> lawrence: i do the fake trees. >> carley: water your tree. >> steve: or call dawn. >> lawrence: her next business venture, watering everybody's tree. >> brian: instead of wild willow. she works three weeks a year.

>> steve: coming up on wednesday, hundreds of children sent to the hospital after they ingested gummies made of hemp, which are easier than marijuana products and experts explain how to keep your kids safe coming up next. >> carley: christmas concert series continues with el divo. we love them. ♪ ♪ girl, what can i do you know that all i want for christmas is you hi, i'll have the avocado toast... minus the avocado. so, toast? yeah. everything is so expensive these days. hey, chevy gets it. that's why they're keeping prices down to earth. like on the most affordable ev in america. ♪ a super strong and capable chevy truck.

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>> carley: todd piro joins us live with the latest, this is so sad. >> todd: a pilot and photographer were on board the local abc station when it went down in a wooded area southeast of philadelphia. action news confirmed both crew members are dead. this crash happened last night,

the crew was returning from an assignment over the jersey shore. officials brought in heavy machinery to gain access to this deeply wooded area. park police giving update on the investigation a little earlier. listen. >> due to remote location of the scene and limited visibility, the investigation was suspended until sometime after daybreak. the scen is being secured by state police. >> todd: we are not releasing the names of crew members right now, they have a long history with the station. action news leases from u.s. helicopters. unclear what caused the crash. a representative from faa is

beginning their investigation and ntsb will arrive today to help. >> steve: tough story. mounting fear among parents and medical professionals all over the accidental ingestion of cannabis products. hemp gummies, gummies made of hemp have send kids to the hospital this year. products are less regulated than more potent derivatives. luke is the ceo of protect our kids and vp of smart approaches to marijuana and joins us from colorado. good morning. so i know about thc, bad stuff in pot. i didn't realize congress legalized hemp and hemp has bad stuff in it. >> yeah, what happened in 2018,

senator mcconnell led the way with a number of other members to legalize hemp in the 2018 farm bill. their intention was not to create a new class that would be legal nationwide. drug dealers who sell drugs for a living figured out a loophole that allows them to take substances out of hemp like delta 8 that look like marijuana, act like marijuana and they cause harm and can sell those in the form of gummy bears and other child-friendly products. our kids are getting into them now. >> steve: we have a graphic that shows since 2017, number of kids that have wound up in the emergency room, 2017 couple hundred. in 2021, last year full

reporting, over 3000. if they make stuff that looks like candy, this is joe camel-ish. if you want to legalize hemp, don't make it look like something a kid will eat. >> intention of congress was to be upsed for purposes issue not drug consumption. it is a matter of life and death for kids. we had a four-year-old who died after consuming a hemp gummy bear and have had adults die and huge increase in children across the country going to the er. something needs to be done about this. these products were never intended to be legalized that should not be allowed to be sold and when you have half people selling these products in child-friendly forms, that is a

real problem. we have drug pushers targeting our kids last thing we need is this. we learn from our parents don't accept candy from people we don't know, reiterate that fact to our kids and reach out, parents reach out to senator mcconnell, senator bozeman, three most powerful people they will update next september, we have a year to close the loophole and ban these products. arkansas banned hemp products this year, we need more states to follow suit and ban them nationwide and protect our kids. >> steve: thanks for naming names, see if "fox and friends" gets on the audience with the three people you just mentioned. still ahead, president biden

unveiling new climate justice initiative to the tune of $600 million, a live report on how he is justifying that to taxpayers coming up. ink on the controversial ruling kick in donald trump the primary ballot is not try, but they are taking victory lap. >> courts have the authority. >> there is no getting out of this. >> conservatives on the supreme court who go on and on about state rights are hypocrites. >> steve: "america's newsroom" co-anchor dana perino on the media friendshipy coming up next.

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>> carley: the biden

administration announcing it will spend $600 million for projects. fox business's grady tremble joins us live. >> this $600 million in environmental injustice grand comes from inflation reduction act, biden administration refers to as largest investment in climate in history. organizations will dole out that money to community groups. it will help communities of color that are disproportionately impacted. not sure how the money will reduce pollution or which program the money will go to. vice president kamala harris

tried to give examples. >> these grants could help a nonprofit in atlanta or teach about environmental science. >> republicans in congress have raised concern about environmental justice initiatives and worry projects are vague and handing out this cash could lead to waste and fraud. republicans accused biden epa, for tighter restriction on power plant and vehicle emission. vice president kamala harris says it is just the beginning and the administration will keep spending to advance environmental justice. >> brian: thanks, appreciate it. unbelievable. on this note, fox news alert, donald trump reacting to colorado's ruling banning him from his 2024 primary ballot

calling it on truth social a sad day for america. he adds biden should drop fake political indictments against me, every case i'm fighting is work of doj and white house, no such thing ever happened before. banana republic? election interference exclamation point. dana perino is here in the circle to react. you saw this around 6:30 last night, your reaction to his reaction? >> dana: i have the home state blues. colorado, what are you thinking? this is my belief what should and probably will happen. you had some legal scholars come up with this theory that the president should not be allowed to be on the ballot because she was involved in an insurrection.

not convicted by a court. soros funded. first court in colorado said he was part of insurrection. the appeals court says no and actually this and that. state supreme court in split decision 4-3s yes, we affirm he cannot be on the colorado ballot. they know it is going to the u.s. supreme court. my gut instinct, act quickly and decisively and it will not be a close split decision along ideological lines. >> brian: we have other states cued up to do the same thing. >> dana: i'm not sure we should ask our doj reporter, i believe it will send a chill through the rest of the court cases.

this is a novel legal theory, not a good time to test a novel legal theory and voters should want to decide and i think biden should want this to be knocked down by the supreme court, if he thinks he can beat donald trump, he should try on the merits, not like this. >> brian: other stations as it came out, watch. this is not a crazy thing for democracy to do. this is something that was hallmark of post-war germany. it is not unheard of. >> it is like the reasoning of the conservative legal community. >> yes, the courts have the authority to enforce the 14th amendment. >> there is no getting out of this for the supreme court, failing to act will be acting. >> conservatives usually go on and on about state rights are hypocrites and they are comfortable being hypocrites and

will overturn colorado's state court process, but they shouldn't. >> brian: we'll hear if the some point comment on this. >> dana: president biden? he might duck it, he doesn't do much commentary. i don't think he will. >> brian: are you surprised or what is your reaction to the president, former president's opponents coming out in support of him from nikki haley, to ron desantis to vivek ramaswamy. >> dana: chris christie slams it. if democrats think this is way to beat donald trump, their reaction shows this makes republicans coalesce closer together. you can be a republican and think january 6 is a terrible

stain on our history and can think this is a novel theory being tested by ideological driven court from the left. i agree with chris hayes, saying the supreme court must act decisively and swiftly. >> brian: that would be great. brag about your guest list. >> dana: we have bill bill mcgurn and larry kudlow who will talk about the economy, tom dupree, will tell us his take on the colorado supreme court. >> dana: i will run upstairs and get coffee on the way. >> brian: coming up, thanks, dana perino. that is what they look like together. personnel from the federal bureau of prison deployed to the southern border as agents grapple with record encounters.

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>> lawrence: growing surge at the border, cbp hit single-day

record monday encounters more than 12,000 migrants as prison staffers are deployed to help overwhelmed border agent. democrats in blue cities, including our next guest warns this issue turns them toward donald trump. j judy gutierrez joins us. el paso been experiencing tragedy at the border for a long time. why is this moment different? >> good morning. i think that we've obviously been seeing unprecedented amount of undocumented migrants coming into our border cities, not just el paso, throughout from california to the end of texas. this is very different and i think systemic failure of the immigration policies we've had and it is unsustainable now.

>> lawrence: i've been down there a ton, i'm from texas. fad pantries have been decimated, hotels. but when you bring concerns to the biden administration they cry racism. what would you tell the president? >> speaking on behalf, my parents were immigrants from mexico, this is not sustainable. this immigration policy is not sustainable and it is falling on the back of constituents throughout our city and constituents, i was running to recht. we have migrant shelters in the heart of our district and it reeked havoc with residents in the immediate area. something needs to be done. we cannot continue down this

path. this election coming up this year, i think this will reflect at the polls and it is not reflective, what i have been saying, it is not the popular thing to say, but it needs to be said and something needs to be done and the administration needs to do better listening to concerns from the border cities. >> lawrence: do you see folks in el paso voting for donald trump? >> i think right now there is -- they are leaning toward that because they are really frustrated. immigration, i ran on a platform at a municipal level and immigration was not at the forefront, but voters i spoke with, absolutely, they feel their voices are not being heard. >> lawrence: such a good point, you should not have to worry about this on the hunis pal

level. biden administration has made it a problem and their voice will be reflected in their vote. thanks for getting up this morning. >> thank you for the opportunity to share concerns. >> lawrence: see you real soon in el paso. all american concert series continues with il divo, next. is all about presents and shopping and cookies and trees. but we know christmas isn't about something you buy at a store. it's about something so much greater. it is the day we celebrate the incredible truth that god so loved the world that he gave his only son. it's not about presents. it's about jesus. join me this advent in praying every day on hallow. cut through the noise and find god's peace.

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>> that was a doozy. [laughter]

>> il divo is bringing holiday favorites to a city near you. ♪ >> that's so beautiful. they join us now in front of our all american christmas tree. good morning. 20 years, what has this journey been like? >> it doesn't feel like it's 20 years. we're releasing an album on february 9th that celebrates 20 year anniversary as a band and we had our first single crazy, a

single -- second single tomorrow. that's coming out. >> we're performing across the u.s. now on the east coast for a christmas tour where we have released four songs so we're working, working still strong. >> carley: you are working and working. >> world tour for next year as well. >> carley: was it is like to sound so good when you sing together and fill a venue or sixth avenue. >> it's very personal and physical. when you can make music together with other people and harmonize eighth is even more beautiful. it is very satisfying to do that. >> carley: we can't wait to hear you sing. you'll be performing what for us now? >> i'll be home for christmas. >> carley: take it away, guys.

we want to hear you. can't wait. ♪ i'll be home for christmas, you can count on me ♪ ♪ please have snow and mistletoe, and presents on the tree ♪ ♪ christmas eve will find me, where the love light gleams ♪ ♪ i'll be home for christmas, if

only in my dreams ♪ ♪ although i know it's a long road back, i promise you ♪ ♪ i'll be home for christmas, you can count on me ♪ ♪ please have snow and mistletoe and presents on the tree ♪

♪ christmas eve will find me where the love light gleams ♪ ♪ i'll be home for christmas, if only in my dreams ♪ ♪ if only in my dreams ♪

[cheers and applause] >> carley: incredible. imagine being able to sing like that. all right. >> brian: something very exciting now. >> carley: five days to christmas. we're counting down with the advent calendar. day 20 down there. >> lawrence: you are shorter than me, you want to get it? >> carley: it's a game, guys. this is -- >> this is pictionary. you do the picture and then a.i. has to guess what it is. available at target, wal-mart, amazon. >> break the ice with extended family. >> carley: if you want to stay in a hotel. >> they want to silence me