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( ♪ ♪ ) start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. >> ainsley: it is 8:00 amount on the east coast, it is tuesday, february 6. country music icon toby ketih has died at 62 after a battle with stomach cancer. he performed here on "fox and friends" in 2011. ♪ ♪

born in the high land raised with family king james and uncle sam >> ainsley: one of his many appearances. we honor him. >> brian: shocking video shows migrants on mopeds dragging a woman stealing her phone. house majority leader steve scalise and tim scott this hour. >> lawrence: severe california storms trigger mud slides, a live report. >> steve: final hour of "fox and friends" starts now and remember mornings are better with friends. >> steve: this tuesday morning we started with a big major loss

in the worl of country music. superstar toby ketih has died after a battle with stomach cancer. on social media, they announced, the family, toby ketih passed peacefully surrounded by his family, he fought with grace and dignity. >> ainsley: in 2022 keith revealed his diagnosis and he was received chemo, radiation and surgery. known for hit songs like "should of been a cowboy." ♪ i might have had a sidekick with a funny name >> brian: keith joined us on "fox and friends" a number of times. 2021, he wowed us with a

performance, "happy birthday america." ♪ happy birthday, america. ♪ ♪ it's the 4th of july. get to wake up in your freedom. sometimes i wonder why >> lawrence: so soulful. in 2011, he was in the studio singing "red solo cup." >> ♪ red solo cup. i fill you up. let's have a party. ♪ let's have a party. >> lawrence: sadly keith performed for the last time in december, he returned to the stage for three sold-out shows. >> steve: survived by his wife and three children. he was 62 years old.

he worked as a rodeo hand, he was a roughneck in the oilfield, semifootball player. he said when i came out with "should of been a cowboy" he said i was doing 28, 29, 30 shows per month, i didn't know i was ever going to get another hit, he was trying to outwork everybody. >> lawrence: he was traditional country singer and love god and country and the military. >> ainsley: he did. i went to a concert after 9/11 and he was sing ing "courtesy o the red, white and blue" and there were images of "fox and friends." we interviewed him so many

times. he's a guy's guy. i remember after the song, i'll put the boot up your you know what, i interviewed him thinking, how is he going to act. i don't want to upset him. he was tough, loved his country and faith. kid rock was on earlier said they toured together. >> brian: that line expressed his tone and went well with the music. to say boot up your ass. katie said i'll put a boot up your ass. i was thinking, we got to let it go. here is kid rock who joined us earlier today talking about his friend. he was such an incredible talent

and loved his family and country. me and him tens if not hundreds of times. we would call them and go and do it and had conversations about how it was most rewarding thing we had done in our careers and also the most work. what a great patriot much >> steve: bob richie and kid rock also said toby ketih bailed him out. kid rock was in the grass and somehow toby ketih bailed him out. >> ainsley: he said there was a misunderstanding. >> brian: sounds like lawrence every weekend. >> lawrence: and you bail me out. >> brian: always there for you. we will track his life and never forget him.

and three are dead from severe storms in california that are bringing mud slides. >> lawrence: max gordon is live at one scene where the slides are happening. hi, max. >> good morning. rain is coming down hard in los angeles. we are in beverly glen, a very steep neighborhood. you can see the aftermath from one of the slides and there have been 307 slides. you can see the runoff flowing down this hill smchl rain gages in los angeles have measure a foot of rainfall over course of this storm. second that we've experienced in a week. this has been a statewide event in northern california. there is 150,000 customers

without power. high winds toppled trees and power lines. we had a man in his house killd and two others killed by falling trees. in southern california, the threat is not over, expecting more rain and officials are warning the ground could still slide even when the weather i improves because the ground is so soft. >> steve: it looks like a tornado, but that is just a lot of rain. >> absolutely, it is incredible to see. take you around this home, this home slid off the foundation because of force of mud and debris coming down the hillside. this car crushed by mud and debris under the carport.

it goes to show how much power this water and mud has and how dangerous when hillside comes loose because of all of the rain. >> steve: be careful. reporting live from l.a. >> ainsley: over to carley for headlines. >> carley: good morning, i do. fox news alert, house rules voting to advance the impeachment case against alejandro mayorkas. republicans can only lose three votes and ken buck announce he is a no. majority leader steve scalise will join us and senator tim scott live with his take. to another alert, prince harry was spotted traveling to visit his father, who has been

diagnosed with cancer. the prognosis is reportedly good, we'll have a live report from london in 15 minutes. in forth worth, four firefighters hurt after their vehicle was involved in a crash. the victim rolled over trapping the responders inside, one is in critical condition. employees of oakland pizza shop fighting back against a would-be robber. he left empty handed this is fourth time this pizzeria has been targeted since january. on the campaign trail sunday

president biden confused president macron with president mineran, who died years ago. >> president biden: i sat down and madderon from germany -- i mean france looked at me and said how long you back for. >> carley: white house replaced mideran's name with macron. >> brian: did they leave the long pause in the transcript, do you know? >> steve: nikki haley said, i see dead people. >> ainsley: i saw that. people having fun with it. >> steve: no kidding. >> brian: he's had five eventing in seven days and four of them had substantial gaffes that is why he's turning down the super

bowl. how can you get four more years? >> ainsley: trump said on social media, if he's not going to do the super bowl interview, i'll do it. >> brian: he wants to debate right now. >> steve: so does nikki haley. >> lawrence: he doesn't know who the leaders are. >> steve: i can hardly wait to hear how the white house spins that one. big update on migrants accused of beating up cops in time square. several apprehended innen fooics. another group arrested for dragging a woman down the street to steal her purse and phone. >> brian: griff jenkins has the latest. >> griff: we have an update on the beating. look at "new york post," they

are calling it hell on wheels. robbing new yorkers. look at the video, brutal and terrifying as this woman is dragged down the street. cops arrested two men involved, they are believed to be part of large network of migrants living in the city. nypd commissioner had this to say. wave of crime has washed over our city, they are essentially ghost criminals, no criminal history, no photos, no cell phone, no social media, sometimes unclear on name or date of birth. these operations are sophisticated and try to evade police. >> steve: sources tell fox news, some migrants expected to be

part of the beats of the cops were nabbed in phoenix yesterday. their identities have not been released. sources expect more information today. migrants other than released on bail by alvin bragg. kathy hochul furious they were let go in the first place. >> bail laws allow people involved in physical attack on a police officer. >> griff: a spokesperson says they are figuring out each person's role in the beating. guys. >> steve: thank you very much. what that proves with this gang of migrants menacing people, you

cannot walk down the streets of new york city with a handbag or your phone. they just want the device, they can get 3 to 600 bucks. they can hoover your bank account. >> ainsley: happened to 62 women. >> brian: great solution, giver them prepaid credit cards and randall's island where the kids usually play in the park, that has been converted. paid off four hotels to put illegal immigrants there. that is what they are spending our money on. they don't like our food, give them cash to shop on their own. >> lawrence: not just new york city, boston and chicago has been inundated and residents are

furious about it. the mayor wanted this job, pro-teachers union and pro-sanctuary city, why wouldn't he go visit the border. >> you have not had a mayor like me, i get that. i have a wife, children and schedules. we have public safety we have to address and unhoused i have to address. i'm doing all that with a black wife raising three black children in chicago. i'm going to the border as soon as possible, i have to coordinate with the government. >> brian: he had no idea how busy the mayor's job was. is he just realizing he has a black wife and black children? >> lawrence: he also has black citizens. >> ainsley: most everyone his age that is working has a wife

and children. some are single moms. >> steve: does this person have a spouse and children? if they do, they may not be able to do anything. >> lawrence: so lame. >> brian: is anyone in his life telling him how stupid that speech was. >> lawrence: he used to be educated. >> ainsley: it is called life. >> steve: do both 678 >> brian: i can't believe people of chicago voted for him. he clearly can't handle the job and should be resign. >> steve: he is concerned about work-life balance. >> ainsley: fox news alert, king charles pausing public events for cancer treatment as prince harry is heading to uk.

alex hogan will report from london. >> steve: house majority leader steve scalise next. >> brian: vp is on. >> you are a better candidate for me than yourself. >> maybe it is tim scott. >> could be issue could be a lot of people. >> lawrence: tim scott joins us for the first interview since trump said that. emergen-c crystals pop and fizz when you throw them back. and who doesn't love a good throwback? ( ♪ ) ( ♪ ) emergen-c crystals.

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>> ainsley: king charles is halting all events to go for cancer treatments. >> buckingham palace says the 75-year-old king has started treatment for cancer. he will be fully stepping away

from public duty but will conduct private meetings. he's with a team of specialists. doctors found the issue. prince harry is flying back from california and prince william is going back to work after taking time off to go be with his wife. this is a difficult time for the family and royals in formal obligation and public presence. >> if he's not able to perform his constitutional duty, including appointing a new prime minister. then you move to a situation where one of the special counselors would be appointed on

his behalf. >> harry flying to be with his father raise concerns of severity of this situation. british prime minister sunak said -- >> ainsley: that is wonderful and great. over to you. >> lawrence: tomorrow will vote on 118 million border security bill. our next guest says it is dead on arrival. border patrol and cbp disagree. troy miller saying the proposed legislation provide strongest set of tools in decades. majority leader steve scalise

joins us now. i went through a list of issues with the bill yesterday. cbp disagrees. why is that? >> there is a whole host of issues with this bill. look where we started in the house, hr 2 is a bill working with border patrol and agents and we've been down to the border, all of us in the house. it is magnet of catch and release, ending of remain in mexico policy that would close the border. what can we do to secure america's border, anybody that looks at the border knows it is wide open and it codifies catch and release and allowing more people to come in illegally and makes it easier to make asylum

claims in america. the process for asylum has always been there, generous process. you are supposed to make claims in your home country. don't come in to america through mexico or any other state whether through texas or california. what we're seeing right now is abuse of the process. joe biden could end this today. he has legal authority as president to close and secure the border himself and chosen not to. >> lawrence: some people say he broke it, he should be able to fix it, as well. 60 minutes did a report and shows tiktok they are using. let's watch. we wonder how migrants knew about this entry way to california.

the answer was in their hands. >> you learned on tiktok? yeah. >> tiktok is a social media platform created in china. the posts we found had step-by-step instruction for hiring smugglers and detailed directions to the hole we visited. >> lawrence: tiktok blocks everything else, but give them tools to cross the border illegally, what is your reaction? >> that should tell you everything you need to know. that spot in san diego, over 30,000 chinese came across. if anybody wonders where this is coming from, we documented 150 countries where people have crossed the border, middle

eastern countries and asian without vetting because joe biden sent the call, the border is open, come on in. your tax money is processing more people illegally and sending them throughout the country. no governor can tell you how many are in each of their states. >> lawrence: mayors wanted to be sanctuary cities and are dealing with the consequences. dhs secretary mayorkas, you will vote early as today, what are the tealeaves on that? >> that vote will happen this evening. secretary mayorkas, the case is strong he should be impeached.

chairman green laid this case out and many different times the security made false statements. how many times has he said the border is secure. he has a job to secure our nation and failed miserably. >> lawrence: he is not doing his job. before we let you go. i know folks in louisiana, been praying for you, how are you feeling? >> feeling great and i appreciate it. getting healthier every day. when i saw about charles, i pray for him. cancer affects so many people. the marvels of science, the key is follow your doctor's advice and hope you catch it early. if you find something wrong with your body, go see it early. early detection saves lives.

>> lawrence: i'm from texas, louisiana is there, you guys are fighters. thanks for getting up on this program this morning. >> great to be with you. god bless. >> lawrence: coming up, police bust a migrant burglary ring behind a shocking attack. >> ghost criminals, no criminal hiftly, no photo, no cell phone, we are unclear on a name or date of birth. land those migrants accused of beating up officers and fleeing were caught in arizona. prosecutor figlig says migrants are not considered a flight risk. then who is? he is next.

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>> janice: we have been following the southern california flooding which continues today with more rain in the forecast. rainfall totals over a foot and hundreds of mudslides in the area. we are getting totals in and around the los angeles area. foot of rainfall in 72 hours, six months worth of rain in 24 hours. weather will be in the san diego area and more northern and central california. southern california will get a break. we are dealing with flooding and mudslides will continue. potential for foot of snow and that could mean avalanche danger. and parts of southern nevada, we

have caucuses and primaries, flash flooding is the biggest problem in so cal, the damage hs been done. it will move to northern part of the state into the northwest. max gordon is reporting all day from southern california and images are incredible. steve. >> steve: thank you very much. big update to a story we've been following. ice sources say several illegal migrants suspected of beating up cops in time square apprehended in phoenix. alvin bragg released some suspects without bail, he will present charges to the grand jury. elliot thelig is here. it shows up in the news, two

cops beaten up by maybe 14 different migrants and now they are decided to charge them. >> i am glad ice picked them up, they should neverhave been free. when someone gets arrested, are they a flight r.f.k.? no community ties, can't ascertain if they have a criminal record. of course high bail should have been set. second line of inquiry, look at the crime, does this show disrespect for rule of law? beats up a police officer, of course, they should have asked for bail, high bail. i did bail applications in my career, he would say, judge take a good long look at his face, if you don't set bail, you will

never see him again. never should have been back on the street. >> steve: in addition to the video of them now we have video of migrants on mopeds and phantom gangs stealing purses and phones and it is a jackpot of money. >> the ring leader was cut loose with no bail. who are prosecutors looking out for? you are supposed to have a defense attorney. on the other side, supposed to be a prosecutor who is out to protect the community. >> steve: we have alvin bragg, is he going after them?

no, he is going after danny penny. >> united states marine, he asked for $100,000. illegal immigrants walk free without posting a penny of bail. explain the logic behind that. does not make sense. >> steve: on this tuesday, vp stakes could be on. >> i called tim scott, i said, you are a better candidate for me than for yourself. >> maybe it is tim scott? >> could be, could be a lot of people. >> steve: we have tim scott next and we'll talk about those comments coming up next. entresto is the #1 heart failure brand prescribed by cardiologists. it was proven superior at helping people stay alive and out of the hospital. don't take entresto if pregnant; it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren,

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>> brian: tomorrow senate voting on the $118 billion border bill that includes ukraine and israeli funding. it is facing strong rejection from senators, including my next guest senator tim scott. it will have trouble passing from the way it is now. is only option to wait nine

months and hope donald trump wins? >> no doubt, we were better off under trump and need him back for four more years. president biden undid successful measures trump put in place. if you can undo them, you can put them back again. president biden does not need the bill. he needs to do his job now and restore remain in mexico policy, instead of going to catch and release and allowing 5000 illegal immigrants per day, why not finish the wall, double number of agents and make america safer under presidency.

this is greatest invasion in history on the southern border. >> brian: do you like anything about the bill? >> i like the fact james lankford is a good man and worked hard on it, but this deal is too short, it doesn't get to the finish line. president biden can get the job done without legislative action. we know biden can do it, the will is not there. the question i ask myself, if you don't have the will to inn force the law, adding more laws codifies the immigrants. how do we describe that to -- 10 million illegal immigrants, how do we justify allowing another two million? we need a deal that says joe

biden do your job. because he won't, we need four years of president donald trump. >> brian: you don't think anything will get done. your name came up over the weekend when maria sat down with president trump. listen what he said. >> i called tim scott, a lot of people like tim scott. you are a better candidate for me than yourself. >> maybe it is tim scott. >> could be a lot of people. >> brian: what is your reaction when you heard it? >> be humble verse exalting yourself. struggle oself-promotion is challenging. we focus on what does america need right now and the best alternative is four more years of president donald trump. why? because of success we had. joe biden devastated the

economy, a millennial cannot buy a house. under donald trump we had 2% inflation. >> brian: i understand. are you being vetted right now? >> not that i know. i'm a surrogate on the campaign trail. really only objective i have. when you focus what is in it for me, you are distracted. we have to win this election. not only win the white house, need to win the senate back and maintain house, that will take all hands on deck. start now, america can't wait four more years. >> brian: would you accept a cabinet position? >> listen, i got to tell you, being united states senator is a cool gig. i grew up in poverty, my goal is make sure kids growing up in

poverty see themselves living in safe neighborhoods, law and order restored, that is part of the challenge. >> brian: that is a maybe, we'll see if he wins first. senator tim scott, thank you, appreciate it. nine minutes before top of the hour. toby ketih passes away at the age of 62, michael ray on his life and legacy. check in with bill hemmer for what is coming up on his show. >> bill: there will be action in new york city courtroom for one involved in the beat down on new york police last week. house republicans will try to impeach a cabinet secretary for first time since 1876. joe biden has been out of sight, examine that strategy and did apple create the greatest device

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>> the country music world mourning the death of toby keith. >> that song of his you just heard courtesy of the red, white and blue was written after 9/11. here is what he told us what his inspiration for it. >> i was actually working out in my gym and everybody was sad and in 25 minutes or something i wrote the lyric down to courtesy of red, white and blue. a battle cry for our guys to win and get back home safely and go do what americans really do, kick butt. this song was bigger than i could have ever imagined and it was more polarizing that i could ever imagine but i don't care. it meant so much so so many people and it was from the heart. >> ainsley: our next guest says toby keith's song was the first

he ever recorded in a music studio. michael ray joins us now. i know he was a friend of yours and you paid tribute to him at the country fest last june after you found out he was battling cancer you sang should have been a cowboy. >> waking up to see the news of toby's passing, it hits home to all of us because not only was he a country music icon, a legend, a pioneer, a true trailblazer, he was a great american. he led by example of god, family, country. had all of those first. he was, you know, there was a lot of writers and other artists and people that knew toby personally way better than i did, but for me when i -- the few moments i had with toby, he was everything that that 13-year-old kid at the daytona arena holding up the toby keith

shirt that he saved his money for. later on life would bring me opportunities to not only meet him but sing on stage with him and sing should have ben a coy bow. he was everything that 13-year-old kid wanted him to be and more. the world is -- we're all mourning this one. this one hits really hard. >> steve: he leaves some mighty big boots. thank you very much for joining us on this sad but very busy day. >> thank you all. thanks for having me. >> ainsley: we'll miss him. he was a great. red solo cup, courtesy of the red, white and blue. should have been a cowboy. >> 40 million albums, 60 singles, 20 number one hits. god rest his soul. he was 62. >> bill: good morning, everybody. 9:00 in new york. right now in a