it is 8 am on the east coast. it's thursday february 8 and this is fox and friends. the supreme court set to hear arguments today in two hours to hear the case to kick donald trump off the ballot in colorado. >> meanwhile a fox and friends exclusive. squatters took over more than 1000 houses in atlanta. they are inside and the owners can't get in. >> we win at them to leave.

so mcveig--they refused. >> the super bowl is three days away and hall of famer emmitt smith is here to preview the game. the third hour of fox and friends starts right now and mornings are better with friends. >> ♪ ♪ >> >> in 2 hours the supreme court will hear arguments on colorado's decision to remove former president donald trump from the states ballot. >> the high court in legal territory as justices russell with a historic election dispute. i can hear someone is screaming behind you.

>> exactly. already started opinions on both sides but today's oral arguments are significant and donald trump's attorneys say it's simple. taking him off the ballot strips them of his right as a presidential candidate to enjoy being on the ballot we're going to hear arguments a section about the 14th amendment. bars us from holding federal office in the future who engage in insurrection. it was an active civil war. the question is if it applies to a president trump in his conduct voters in colorado aim to remove trump from the ballot over his alleged involvement in trying to overturn the results of the 2020 presidential election. trump's attorneys say he is not an officer of the united states and that's the issue that is left to voters for the justices will seek a way that's not going to be seen as overly

partisan it's likely they will decide or not if he engaged in insurrection but what happens could affect trump ballots on other cases. we have to remember the supreme court is expected to decide because colorado's primary is coming up on super tuesday. we have less than a month ago. >> and it looks like security is right behind you. and tempers are already flaring. david, thank you very much. i have a feeling it will be like that all day long. ultimately if the supreme court goes a little further then either side it will be a firestorm i don't know if it's something boring or declarative and they got to leave him on the colorado ballot the primary ballot they would rule on that >> i think this is maybe a

radicalized attorney on another channel almost everybody believes donald trump belongs on the ballot list maine attorney general looking to get her moment in the sun or a quick picture in the white house with president biden. this is ridiculous. every time you unjustly charge president trump it looks like a personal attack and it makes him stronger. tell the rest of the republican field this is a good idea and they will let you know it is not.it has boomerangs and may be the president will get more momentum. >> in the fall six colorado's citizens filed this lawsuit with a provision on the amendment. this amendment passed in 1868 was designed to keep former confederates from holding public office and they're saying because of insurrection he should not be on the ballot.

trump will not appear in court today and he would not be allowed to speak and he does plan to give remarks later today in florida. >> ultimately the supreme court needs to decide and sidestep the question of insurrection because that is just so volatile right now. >> if jack smith doesn't think it's insurrection. >> they don't want to appear to come down on either side. i think they will rule very narrowly and we will know soon enough. david axelrod sees this as a political hot potato. >> i am trying to see what it would be like if the supreme court said we are removing the frontrunning republican candidate from the ballot and essentially saying to the american people, you won't have the opportunity to vote for him and i think it would be very disruptive in this country.

it will create a huge reaction and that worries me. >> david axelrod former advisor to obama he is a democrat and he feels that way he's worried about what the reaction would be all across our country. >> and clarence thomas they say should recuse himself from this decision but he is not. >> they are saying his wife had some text exchange with mark matos >> they say there is a conflict of interest. >> lawrence squatters have taken over 1200 houses. these days thanks to the internet thanks to smart phones you just go on to a website and you can see what houses are empty and the next thing you know, they break into the house and they are living there. >> yes an easy process and one

that is not litigated when it happens. it has to be litigated in a court and that could take 4 to 5 months to get a court date and it doesn't have to be a legitimate one it could be something they get off-line and when they find out they call the cops and the owner says hey this is the deed to my place the person provides a fake lease and the officer says i can't determine this on the scene. this can't be a criminal trespass issue. you have to go to the court system. they turn over to the court system and wait just to get the court date and if you are like where i was yesterday you could be at a house for seven months and not know if it is their house are not guys. >> lawrence, yesterday we were talking about this, somebody moved into the house and wasn't paying and they turned it into

a strip cloak? >> yes. smith they turned it into a strip club. there was a lady i interviewed yesterday at her place was used for prostitution. they are not going to stop at squatting. they will do other illicit activity and they trash these places when they are done. 30,000 and damage. that's included after the owners have to pay the mortgage up to a year while the squatter is there. >> and the way the laws are written in georgia it seems like the homeowners and we have no stories about this they are so frustrated they paid the squatters in some cases to get out of their houses. i will give you money, just get out of my house.

>> sometimes it's easier this way yesterday i talked to a lady and she describes her story of how it happened to her. watch great >> when you first see that there is someone in your property which your first reaction? >> i was scared but angry. >> he wanted them to leave, what are they say? >> they refused. there was prostitution. drug usage the swansong for months. they broke through the walls, the doors, the windows. they did, this thing right here was actually i believe this belongs to the hvac system they pulled my furnace out of the attic. when they pulled out the framing was damaged so it cost me 13,000 to reframe this hallway. >> with all of the damages in total. >> 60,000 and 30,000.

there is no light because they cut the wires. on the other side of this, there is siding missing. they cut a hole and they got in that way. we found a company called vps he put these on my doors and windows and they have not been able to get in and it hurts me because it deters buyers. they want to know why you have to have these on the windows. >> it's a double-edged sword. >> that wiring and the copper, they're pulling it out to sell it. they are making a few bucks but they want the money in the second thing is you have residence and homeowners with a lock system to put over the window but when they want to sell the place they can't sell it. this is a red flag.why do you

have these locks on the windows and doors may have to be honest and say this is a place primed for crime when it comes to squatting. >> why would you buy a house, essentially they own wire that your cameraman was pointing out there could be some copper pipes and they have taken that and they are not houses. >> hvac system. >> we will look forward to you covering this more we will talk about the election of 2024 the democrats are going to have a big meeting today on front and center they are looking to do this practically make some progress and they are going to look at theirrole in the hispanic community and the black community and there are some red flags . there was a poll where you stand in terms of the democratic party among african-americans in america? 47 percent approved just three

years ago. it was 66 percent for hispanics they are shutting boats rapidly for the longest time if you are tough on the border that was a red flag to the hispanic community.donald trump changed that and he was right with the democratic party and hispanic loyalists because they see what's going on with this country. >> you have been out in the community and you have talked about why and it's not because you were saying earlier they were doing better four years ago than they are now but it has to do with crime in the community. you interviewed a woman in massachusetts and they are putting migrants in the recreation center where her kids go play basketball after school and the mayor saying that shelter is almost full to capacity and we are my kids

going to go? i guess they're going to have to go out on the street. >> is a personal issue for average americans. i go to the diners which are mostly middle american and i got to urban america many minorities and they are saying the same stuff. you may not like donald trump's personality and there's a lot of people that don't but when you talk with folks in the community, they say life was better. they feel like the streets were safer, crime was less, they were making more money. you have on msnbc a whole segment where folks from the barbershop saying we have more money in our pocket so the next election why democrats are worried, this is their voting block.black, hispanic. used to have a strong population of the jewish community and now these people are saying the same thing.

>> no doubt about it joe biden has lost support in key demographics and that will be a problem for him in november so the white house has to figure it out. >> and one of the reasons they are doing outreach later today. >> he wants to say that the democratic party doesn't have a good name in new york. and he is almost running from joe biden and he is ? phillips taking out an ad in the super bowl to try to keep that on the republican side. >> yes and i was just talking yesterday with someone in the trump camp and they say the former president with this outreach initiative will come to the bronx and do a rally somewhere in new york to tell them i know you may not like my personality as some of you may have the same personality. i am from new york and do you

want a better option? you want the immigrants to tear down the community? there is another option >> may be you will be introduced by $0.50 and snoop dogg. i should know that.i blame myself. i would like a mccain style town hall that he does in the bronx. i want on handpicked people in the bronx talking to president trump if they like him or not. >> democratic cities are started to see this is not just your home state migrants are being shipped out to other places on buses and other communities including democratic run cities blue states and democrats are saying it and if you see several guys beat up cops in times square they are arrested and back out

on the street because of the laws and they flip off the camera and there flipping off america. enough. >> is fighting for the working class and republicans are making some inroads of that has to be freaking out the white house. and in the meantime carly joins us with news out of california. >> we have a fox news alert. the marines involved in the military helicopter crash outside of san diego are confirmed dead the marines posting an update saying to the families of our fallen marines we sent our deepest condolences and commit to ensure your support and care during this incredibly different time for the crew was returning from a

training session in nevada. they were supposed to land at the third marine aircraft wing out of northern san diego county and the job to recover the remains of the fallen is now underway. may they rest in peace. a us drone strike in baghdad killing three members of an iranian backed militia group last night. the attack taking out a commander involved of the deadly attack on three us soldiers in jordan last month in the us carrying out 2 self-defense strikes in yemen hitting some cruise missiles that were about to launch. 2 kentucky mother say they were drugged and raped on sunday when they visited the grand bahama's on a cruise per the order drinks and realize something was wrong because they felt drunk after a couple of sips. one mom woke up she was being raped by a resort staff member. the hamas police arrested two men in connection to this horrific crime after the us issued a travel advisory for the bahamas last month after three people after there were 18 murderers in nasa so far this year.

>> overnight a volcano in southwestern iceland erupting for the third time since december. this is what it looks like right now. lava is shooting into the air on a two mile near a coastal town after it had been evacuated after a previous eruption and is forcing the closure of the nearby blue lagoon thermal spa is one of iceland's biggest attractions and republicans in nevada will vote in the gop caucuses. add nikki haley will not be on the ballot because she appeared on the tuesday primary voter as 66 percent of voters chose none of these candidates over nikki haley. 26 delegates. i wonder who is going to win. i'm on the edge of your seat. >> you can't be on the primary and the caucus. >> you have to pick one.

>> trump is saying nikki haley did not fill out the paperwork. is that true? >> pretty much everybody has been running for president was on the primary ballot. >> >> so 15 or 16 percent of eligible voters voted in the primary. >> right now rain is coming down in las vegas. the super bowl is on sunday. >> lots of puddles forming at the fremont experience from the system that has soaked communities across california. simmons there's a warning about the avalanche conditions in the mountains. >> we are watching nevada

obviously for the caucuses and is lucky people come in for the super bowl. rain in the forecast for the southern part of the state and cold temperatures as part of that energy from the atmospheric river move into nevada in the four corners region as we go through today friday things start to clear out ebony forecast looks like temperatures are cool than the mountains where it's going to snow.we have potential for heavy rain along the upper midwest and parts of the great lakes.that's the next system that's forming because of the energy out west. the head of that system it will feel like springtime with temperatures in the 50s and 60s and then, is the tale of two computer models. will be good the hero model are the gfs model? if you like the snow you are rooting for the gfs because

that's close to a foot or more coming tuesday and wednesday, into valentine's day. are you hoping for a white valentine's day? >> if you tell us is going to be bad you have to stay in and then stuck shoveling again and i will never shake this problem i have of never being around on valentine's day. >> you can do it before you go to work. >> do not go home you will not be able to get back in. >> you are deciding between your wife and your job? you pick your job? >> we love you. >> don't answer that. >> sean can go out to shovel your driveway. >> do not buy her a shovel for valentine's day.

>> the snow correspondent. >> thanks for opening that can of worms. >> don't ever pick your job before your family. >> i am sure she is not watching. >> is not like he is leaving work because there's emergency. >> if i get snowed in, i can't go to work in america doesn't get to see me. >> we all did zoom during the pandemic. just turn on the computer. >> more work great >> caught on camera the suspect snatching dozens of iphones are walking out of the apple store past the cops in a cruiser in broad daylight. >> biden try to reassure americans about the secret documents found the years

corvette at the back of the garage. >> we are supposed to have sounds. >> reportedly dreading special county report set to be released soon. >> supreme court hours away from the president's colorado ballot battle. kelly and conway, next. >>dera tis but just ok isn't ok. and i was done settling. if you still have symptoms after a tnf blocker like humira or enbrel, rinvoq is different and may help. rinvoq is a once-daily pill that can rapidly relieve joint pain, stiffness, and swelling in ra and psa. relieve fatigue for some... and stop joint damage. and in psa, can leave skin clear or almost clear. rinvoq can lower your ability to fight infections, including tb.

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>> a 29-year-old chef from michigan died after battling a rare fungal infection of his family said it eight holes in his lungs. he was diagnosed before thanksgiving and the condition spread so fast on the father said they showed us a picture of his lungs and they literally look like swiss cheese the family said they are in shock after having to take him off of life support last weekend. >> shoppers in the apple store in oakland were stunned as a master man rips a display of iphones off the shelves he stuffs them into his pockets while there was a police car parked right outside and he walked right by it.watch

this. he is by the squad car. he walks past it before hopping into the getaway car this location has been robbed four times since the store was robbed last month. >> a look at the supreme court. in two hours justices will hear arguments to get president trumps name back on the ballot in colorado. and kelly and conway joins us. i am hard-pressed to find legal experts who don't think that trump will prevail. >> it depends you can't just have one person in maine and a couple people in colorado speak for the rest of the country were these attempts have been made in state after state including blue states the cases have been dismissed and we are looking at a handful of states where they have prevailed because they don't know how to beat donald trump fairly and

squarely. folks who don't like donald trump spent a fraction of the time studying as they have obsessing over donald trump things may be different they don't know how to beat him at the ballot box amazingly they stuck with the biden and harris who is less popular than biden and they are stuck with them going into 2024 i think they are laughing they are going to go up against donald trump again if they feel that way let the people decide. >> the other big story this week the classified documents as a private citizen and he is going to release his report wh is going to reveal the

witnesses think it's going to be bad what do you think is going to happen what could the fallout be from the noncriminal reports? >> it could be devastating because there is so little mainstream media attention page of the fact that the joe biden we now had classified documents where it shouldn't have been included next is corvette in the garage and his waste of some of life waste of life son hunter biden had access we had so many things going on with the biden family that have never been fully litigated. joe biden lied to the country and a good reminder so we know that he lied about business dealings about being intimately involved in countries in the news every day including china

and ukraine. so this report could be devastating in the trump white house when the report came out we did not have advanced. [indiscernible] we huddled together in the chief of staff office and i put on my legal cap of my communications cap and was given a dedicated portion as were others we found that when you found out. >> they should not get a head's up. >> by the way we need separation here. this is an executive, this is the executive branch the department of justice under joe biden i don't want to hear it is trump hillbillies after it this is his own investigation. so mike you do a great editorial in the new york times about who trumps potential number two could be the criteria and who you are leaning towards? >> i think less important is to

then why. the job description for the vice president this time as opposed to last time this time it has to be someone who is not a distraction he doesn't have to be held to account for any of their scandals or statements in a survey someone who doesn't just help him win but helps him govern and there's a big question here. are you showing that you are passing the baton to the next person are you going to go the dick cheney route he won't have eyes on the 2028 prize every day and dispense execute duties as vice president without on their minds another is pick a woman the women i mentioned, young and mothers of young children and some grandmothers and season legislators and marsha blackburn and jodi ernst and certainly he can look at that he can look at people like pompeo, tom cotton, rubio, take

a woman is limited because we beat hillary clinton she was about to be the first female president when a majority of the voters were women and barack obama became the first african-american president when the majority of the voters were white. we don't just vote according to race or gender. my advice is to pick a person of color i think he will have monster returns among hispanic americans, african-americans, asian americans who are pulling away from joe biden. >> great ideas. i am sure the president will read it. coming up facing lawmakers again on the y purchases. >>alit ut t if necessary. and they come to us and they say, i need some financial help at this point in time. they're not looking for a handout. they're looking for a little hand up. my team at newday usa is going to do

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>> in about less than 30 minutes secretary yellen will

face lawmakers who are demanding answers over claims the biden treasury department is keeping tabs on america's purchases. we were telling about that a couple of months ago. so she has a lot of explaining to do. >> she does because americans are outraged they feel like they could end up on a list somewhere that labels them as a homegrown violent extremist because of where they like to shop and what they like to read and i try to get a chance to ask yellen about that. here is the exchange rate >> what you say to americans who feel like you're calling them and extremist because of where they like to shop and what they like to read.

>> you have nothing to say to the american people? last month we broke the story that the financial crimes department was looking out for red flags people who were persons of interest telling them to scrub through customer transactions and look for the word trump or if they bought any religious books all of that treasury said could add up to a suspect yellen was asked about this earlier and she did not have much to say but she did not deny it. >> including. [indiscernible] or federal banking agencies instructed financial institutions to search americans legal transactions to surveilled their purchases. >> we received a letter from you on this topic and we intend to investigate fully and to respond.

>> today it's round two of the top republican will try to pin yellen down to get some answers. >> we have seen this before we saw the irs targeting religious groups and jewish groups and conservative groups what we cannot have is the government weapon eyes against conservatives philosophically or religious organizations that is dead wrong. >> and we also don't know if this was just part of the investigation into january 6 or if. [indiscernible] still snooping. >> thanks for trying hillary. >> thanks. >> squatters have taken over a thousand houses in atlanta. lawrence you are coming up nextpe .

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i think he's having a midlife crisis i'm not. you got us t-mobile home internet lite. after a week of streaming they knocked us down... ...to dial up speeds. like from the 90s. great times. all i can do say is that my life is pre-- i like watching the puddles gather rain. -hey, your mom and i procreated to that song. oh, ew! i think you've said enough. why don't we just switch to xfinity like everyone else? then you would know what year it was. i know what year it is. >> welcome back. squatters have taken over hundreds of houses in atlanta. >> reports of illegal tenants taking over 1200 homes.

>> lawrence is in atlanta to see for himself. >> this has been an epidemic and not just in atlanta but all across the country had the opportunity to go where squatters were and talk to a alleged squatter. >> when they kicked the squatters out you have to go in there and clean that mess up. what does it look like? >> on average a property like this it's completely destroyed i've seen everything from a couple of holes in the wall to the house spray-painted and >> shooting over trash bags. bags of trash. one of my employees was shot in the leg and i was shot at several of us were shot at. i like the approach texas takes for its three days. you have three days if you are not paying for the home were

complying with the lease the sheriff's department stands in. >> we were tipped off that this is a house where there are squatters. >> they say that you are squatting. >> are you still currently? >> i paid them last month. they told me not to pay them this month. because they came out on the first. >> how many months have you been paying them? >>. [indiscernible] >> you have a lease and everything? how did you get in the house? assuming they showed us the house and gave us the keys. >> you think you were scammed as well? where did you meet this person? >> craigslist. >> you are leaving? >> i am getting out of here soon.

>> so as you can see the story continued to change over and over. one woman that knows this experience, she had squatters in her place she is joining us. keisha had the opportunity to talk to a alleged squatter and she gave me different storylines of how she had a lease and she found it on craigslist. you're on the other side of this. what was that experience like for you? >> being on the investor side i have experienced neighbors calling, someone is going through the window.we arrived at the property which is a safety concern you don't know if someone is in the property or not and the last incident is the squatter destroyed the place and one went to jail and

they sold the appliances from the property and received money for it and totally destroyed it. feces everywhere. they are having pizza parties. you name it. >> some people make the argument if it is your residence, why can't you just kick the squatters out if it is your place? tell them why that is not the case. >> it's not that easy. it is dangerous. people that are doing that ultimately have no fear because they are taking possession of your property without your consent. there are people with craigslist leases. they call me i feel like something is going on with this i spoke to someone they came to show your property so they had broken into the property putting these on craigslist they are taking money and then they don't get access to the

property. >> thank you for sharing your story with us we will hopefully get some justice for you and for the victims out there. thank you. i will turn it over to you. >> coming up super bowl sunday is three days away. >> first here is bill with a preview of what happens. >> a big moment coming up we will hear the audio from inside the supreme court. it takes a case with implications for the election next november. it has been 20 years since the court has been closed still not close to a national election decision. we listen to history coming up in the us is taking out more leaders in iraq and we had more encounters at the border. what will stop the madness? we will see you shortly at the >>

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>> steve: we're three days away from super bowl lviii. 49ers take on the kansas city chiefs. >> ainsley: your next guest knows what it takes to lift the lombardi trophy. he won three super bowls. >> brian: hall of famer, perhaps the greatest running back ever,

emmett smith joins us now. you have a special message. on the lighter stuff on the game itself. 49ers two-point favorites. do you think they're the better team? >> i think overall team they might be the better team. just the way they handle their business. the way they fight back. this team has no quit in them. i hate to say it in some cases they come around and pick fights just to get their level of intensity up and so i just think they're built tough inside out defensively as well as offensively. mccafe is doing his thing. purdy, i lot of people don't give him a lot of credit but executing his most professional quarterbacks should be. >> steve: it will be an epic game. you are wearing the shirt that says narcan. you are a program you're part of, spray and ready to rescue

campaign. people should have narcan at home now, right? >> yes. i think people should have narcan at home, purse, wherever you are traveling. we never know when we might run into a situation, an opioid situation. we think some things are normal where somebody can actually be asleep but they can be suffering from an actual overdose of some sort. i think narcan nasal spray is one of those things that can be readily available if you have it on you so it can be used at any point in time. the great thing about narcan nasal spray is you can use it and not harm anyone. if someone is out and you don't know why they're out, it is great to have it on hand to give them a squirt or two squirts in the nose and hopefully revive them. no one wants to be in a bad situation like that. >> ainsley: you speak from personal experience, right? you have had family members and teammates that have struggled. >> yes, i have. and matter of fact, over the

last 35, 45 days a good friend of mine lost a son to an opioid overdose. it actually occurs at any point in time. it is not just towards people using drugs. some of these things can be accidental. can be around something no one knows. pill forms these days these get mixed in in a lot of different ways. technology is advancing and we need to advance with it emotionally and be ready for whatever comes our way. >> brian: report back how good it was off the field in vegas. >> you have a nice day and keep telling us the great news and bad news. whatever news is coming. thank you. >> bill: the u.s. supreme court paddling into uncharted waters today. justices about to hear arguments on whether colorado can ban former president trump from its state ballot. the opening gavel is less than an hour away. unique experience today. we get to hear audioro