this is a fox news alert. welcome to washington. the tulsa, oklahoma, police officer who shot and kill aid black man last week has been charged with first degree manslaughter. officer betty shelby shot and killed t eed terence crutcher f. it shows crutcher walking towards his suv with his hands in the air right before that shooting. it is unclear what happens when he reaches the vehicle. shelby's attorney maintains that crutcher was not following police commands in the moments before she opened fire. tulsa county's district attorney says arrangements are being made for shelby's surrender. if convicted, shelby could serve four years in prison.

tonight, police main charlotte, north carolina, say keith scott refused to drop a gun. residents insist he was unarmed. city officials say they won't provide the public with video evidence. outrage turn eed violent last night in north carolina. nine people were injured, 44 arrested. overnight during the protest that turned into riots at times throughout the night with looting as well. just now, coming into fox, we can confirm that scott's family was shown that police video of the shooting this afternoon. jonathan surry is in charlotte with the latest. >> reporter: good evening. lawyers would not confirm to reporters or would not comment to reporters on how that viewing went down. they do tell reporters that mr. scott did not own a gun. they say that he was not known to carry a weapon. they also say that his wife

witnessed her husband's shooting on tuesday. something they say will remain with her for the rest of her life. they did not call on police to make that video evidence public. >> our practice has been not to release but to allow for the party who feels they have been mistreated in any way to see that. >> reporter: because state and federal agencies, including the fbi, may be called in to investigate, charlotte authorities say it would be premature to release video evidence to the public. they agreed to honor the scott family's request to view it. the aclu and naacp called for it to be released. some protesters claim tuesday's shooting invol ining involved ae officer firing at an unarmed black man. evidence they have collected shows scott was arm and posed a threat. >> the video does not give me absolute, definitive visual

evidence that would confirm that a person is pointing a gun. >> i ask again for calm, peaceful demonstrations from our citizens. it's important that we have a full and transparent investigation of the original incident. >> reporter: for two nights, protests in charlotte turned violent. one man seen here in this video was critically injured. police say he was shot by another civilian. in washington, the congressional black caucus called on the justice department to stop what it calls an epidemic of killings of young african-americans at the hands of local police. >> every case is different. i'm not going to be able to outline for you what would make us open a full investigation in charlotte or when that might occur. >> reporter: attorney general loretta lynch announced the doj will be on the ground to offer support to the charlotte police department. local officials say they do not see the need to impose a curfew at this point. some businesses in charlotte, including bank of america, took

the precaution of advising employees to stay home. other businesses had no choice. looters smashed into this variety store. after police investigated the scene, officers helped the owners clean up, offering a glimmer of hope for calmer days ahead. >> keep our citizens safe and also ensure that our police officers are treated with respect and also to ensure that there is no further destruction of property and those who destroy property or hurt other people will be dealt with. >> reporter: city leaders are calling for peace. but preparing for the possibility of more violence. the state is sending additional resources to charlotte, including state troopers and the national guard to help protect people and property in the event tonight's demonstrations turn violent. >> jonathan live in charlotte. we will watch that closely and you will see it live here in charlotte.

"the washington post" released an assessment of the number of civilians killed by police this year. to date, in 2016, 706 have been killed. that's unfortunately on par with last year's 990. 324 of those killed have been white. 173 black. and 111 were hispanic. 98 was victims' races were unknown or something else. when compared to the full population in the u.s., blacks are four times more likely to be killed than whites and twice as likely as hishispanics. donald trump addressed this today and told fox news he might bring back a policy that was deemed unconstitutional. carl cameron has the story from pennsylvania. >> reporter: in the state of pennsylvania's western mining country for the first day of fall, donald trump held off energy remarks to first discuss the latest police-involved

shooting in north carolina. >> our country looks bad to the world. especially when we are supposed to be the world's leader. how can we lead when we can't even control our own cities? >> reporter: trump promised to implement a national anti-crime agenda. >> i would do stop and frisk. you have to. we did it in new york. it worked incredibly well. you have to be proactive. >> reporter: boosted in the '90s by rudy giuliani, stop, question and frisk was controversial and deemed unconstitutional by a federal judge and ended in 2013. the white house pounced. >> it might lead one person to conclude that the politician is more interested in playing politics than finding a solution. >> reporter: trump was in pittsburgh to court energy industry voters at the 2016 shale conference.

>> hillary clinton's war on energy will cost our economy $5 trillion at least. she's not only declared war on the miners, but on all oil and natural gas production. it's war. which supports 10 million jobs in the united states. >> reporter: despite job losses in the nation's automated coal industry, trump promised to create jobs and boost the energy sector. >> i'm going to lift the restrictions on american energy and allow this wealth to pour into our communities, including right here in the state of pennsylvania. >> reporter: trump has been off the airwaves for at least a week. in some states longer. he plans to resume tv ads in florida, ohio, pennsylvania and north carolina before monday's first debate against clinton on long island. otherwise, trump's only on national tv, radio and the web. clinton's campaign schedule is lighter than trump.

she's out advertising him. when asked why he flip-flopped and admitted that president obama was born in the united states, trump didn't say because it's true. only that it was hurting his campaign. >> i just want to get on with -- get on with the campaign. a lot of people were asking the questions. >> reporter: trump aides took note of hillary clinton's absence from the trail, today right up and through -- until monday's debate. suggesting that either she is raising expectations dangerously high for her performance or she needed more rest recuperating from her bought with pneumonia. >> carl, thank you. hillary clinton is sitting out another one today, choosing not to hold a rally for supporters. her focus is said to be monday's first presidential debate. her staff seems to be working overtime to get a leg up on the competition. jennifer griffin reports. >> reporter: while hillary clinton stayed on the campaign

trail to prepare for monday's debate, an interview was posted online. >> do you wonder what your opponent might be wearing? >> i assume he will wear that red power tie. >> or maybe a white power tie. >> that's even more appropriate. >> with anti-police riots raging in charlotte, clinton running mate tim kaine weighed in in nevada. >> there's a need to build better bridges between law enforcement and the communities they serve. hillary and i understand that. >> reporter: a date earlier, clinton tried to rally a union workers convention by video link. >> why aren't i 50ahead you might ask. >> reporter: an answer might be found in a new poll that shows trump leading clinton 41% to 31% in terms of trustworthiness. the campaign attempted to address that shortcoming in a new radio ad with first lady michelle obama. >> it's the highest stakes,

hardest job you can imagine. that's why i trust hillary. >> reporter: the campaign updated its tax plan for billionaires. a 65% estate tax. the plan increases taxes over the next decade. according to the non-partisan committee for a responsibility federal budget. her new plan would raise taxes on estates valued at over $10 million. the new top rate of 65% would only apply to a few hundred households. the campaign told fox news it would have to first pass a republican congress. before ending his interview with mrs. clinton, the star of between two ferns jumped on the chance to take a shot at clinton's achilles heel. >> we should stay in touch. what's the best way to reach you, e-mail? >> you've got mail. >> reporter: the campaign is hoping she will be asked about more than just her e-mails monday night. >> jennifer griffin with the clinton campaign.

thank you. another week, another batch of personal e mai-mailed rs rev the world. the same group has gotten into a white house contractor's computer revealing a lot about the first lady's and the vice-president's schedules as well as other details. kevin cork is at the white house tonight with this story. >> reporter: good evening. obviously, fox news has not been able to verify the veracity of the e-mails. administration officials tell us they are looking into the matter and are taking it very seriously. we have noticed the documents don't have the sort of salacious details we saw from former secretary of state colin powell's account. they do deal with scheduling, both for first lady and vice-president and that in and of itself is a security issue. the biggest headline from this is the posting of what appears to be a copy of the first lady's passpo passport. that's not been verified.

john ea josh earnest is calling it a big wake-up call. >> it's important for all of us to be conscious of protecting our information and practicing good cyber hygiene. that certainly is something that we have seen from -- that certainly is something we were reminded of in the context of reports about former secretary of state colin powell and the cyber breach that he was a victim of. >> reporter: the group that's responsible for this leak is that d.c. leaks group that you and have i talked about previously. it's believed they are a russian hacking operation. that's a major concern not just for the white house but for the administration at large, because they are believed to be attempting to influence the 2016 presidential campaign. the group is said to have breached democratic party organization systems and at least two state election

systems. maybe a better question is, when you consider this, there are a number of low-level administration folks, many are contractors and freelancers, that have access to critical information like scheduling and does beg the question why. the administration continues to remind staffers, don't use your private e-mail when it comes to government business. >> kevin cork live on the north lawn. thank you. the fbi is investigating a massive breach of yahoo! accounts. yahoo! said hackers stole personal information from 500 million accounts. 500 million. the stolen data includes names, e-mail addresses, telephone numbers and dates of birth. yahoo! blamed the hack on a state sponsored actor. the company recommends users change passwords if they haven't done so since 2014. ice was on the hot seat today, the head of immigration and custom enforcement agency who sometimes struggled to answer questions about an immigration system that was

often depicted today as broken. james rosen has the story. >> reporter: a former u.s. attorney in texas now the head of u.s. immigration and customs enforcement told the house judiciary committee she approaches her job as a former federal prosecutors. even that exposed the top immigration official to tough questioning. >> as a former prosecutor, i am wondering how you can square the existence of sanctuary cities with the duty of a prosecutor to ensure justice. >> these cities you are talking about, sir, have their own laws, either the state passes them or a local ordinance, over which i have no control. all i can do is to use my best persuasive powers to work with them. >> reporter: she testified two days after auditors reported that citizenship was improperly granted by a separate agency, u.s. citizenship and immigration services, to some 1800 illegal

aliens who had received final deportation orders but used false i.d. and benefitted from inadequate archiving of fingerprint records. >> the unspekinspector general they should resolve this. are you in the process of doing that? >> yes. >> the inspector general is satisfied you are doing that. is that correct? >> yes. >> bob goodlat pressed on another audit conducted last year by the government accountability office which found immigration judges have granted asylum to 3700 aliens whose claims were prepared by others convicted of immigration fraud. >> none of those cases have been reopened according to the department of justice. what action have you taken to investigate these cases? >> we will obviously focus on these 3,000 in particular. >> what action have you taken to investigate those cases?

>> in those cases that we have reviewed, we have opened matters in order to take a look at them and see the facts and circumstances of each case. >> reporter: a document shared with our colleagues at fox news by republican senator ron johnson of wisconsin, chair of the homeland security committee, shows officials at u.s. citizenship and immigration services urging co-workers there to work overtime to swear in as many new citizens as possible, quote, due to the election year. a dhs spokesman did not immediately ve lly respond. >> we will follow up on that. lawmakers are calling for a former veterans affairs executive after the v.a. internal watchdog found the construction of a new v.a. hospital is more than $1 billion over budget. the scathing report found gross mismon mismanagement and lax oversight in the construction of the denver area v.a. hospital.

it found that a former senior v.a. official knew the project was heading toward huge cost overruns but didn't tell lawmakers when he testified before congress. he retired in 2015. the hospital is now expecting to cost nearly $1.7 billion, nearly triple the 2014 estimate. up next, more u.s. troops may be headed to ground operations in iraq. we will explain. here is what others are covering tonight. andrew cuomo's aid was charged in a bribery and fraud case. joseph percoco took more than $315,000 in bribes to build a power plant. the governor said he would be disappointed in the allegations prove true. fox 13 in tampa where two city directors have been placed on unpaid leave while a review is

conducted over the dumping of waste water into tampa bay. the florida department of health and governor rick scott began an inquiry into the dumping after hurricane hermine. water samples taken the day after the hurricane showed satisfactory results. and this is a live look at chicago from our affiliate fox 32. the big story there tonight is chicago mayor ram emanuel's plan to cut down on crime. it is expected to include more support and mentorship of youth. this follows plans to add nearly 1,000 new police officers expanding the use of body cameras and deescalation training for all officers. chicago, as we have reported, has recorded more than 500 homicides so far this year. higher than all of 2015. that's tonight's live look outside the beltway from special report. we'll be right back.

syria's president is placing blame on the u.s. for a failed cease-fire deal with russia. in an associated press interview, he said the u.s. air strikes that killed syrian troops were, quote, deaf nfinit intentional and rejected accusations that russian planes struck a humanitarian aide convoy. a slow buildup of u.s. troops on the ground in iraq in recent weeks. fox news learned officials are asking for several hundred more troops to help in the fight against isis. this as we get new details about the chemical attack at a u.s. base in iraq we told you about last night. lucas tomlinson reports from the

pentagon. >> reporter: the u.s. military is seeking an additional 500 troops in preparation for an iraqi led ground offensive in mosul expected to launch in the next few weeks. this as american troops are finding themselves in more danger. the u.s. military's top officer confirmed a chemical agent was used against u.s. forced in northern iraq. >> we assess it to be a mustard agent. none of our folks were injured. it wasn't particularly effective. it was a concerning development. >> reporter: about 500 u.s. troops are now located just 25 miles south of the mosul at an air field, a staging area for the operation. officials tell fox the base has been hit by isis rockets four times this week, including one armed with mustard agent. since early august, the u.s. led coalition launched more than 120 air strikes in mosul, killing more than a dozen isis leaders and destroying an isis chemical weapons plant last week. the pentagon estimates there are between 3,000 and 4,500 isis

fighters in mosul. iraq's second largest city and home to 1 million people. >> no one wants to see a street to street fighting in mosul. but you don't know. >> reporter: there have been ten troop increases in iraq, starting with 275 advisers in june 2014. eventually, there will be over 5,000 american troops on the ground soon. after defeating isis, iraq's elite counterterrorism force will lead the assault backed by u.s. air power. over a year ago, the defense secretary questioned the iraqi's will to fight. today, he says challenges remain. >> working with iraqi forces, which can be frustrating, but is the only way do it because it's the only way to make victory stick. >> reporter: a top kurdish general says isis fighters plan to fight to the death in mosul. a senior official here says they might not have a choice, because the city is surrounded. >> lucas tomlinson at the pentagon. of thank you. iran's president addressed

the u.n. today for the first time since the u.s. iran nuclear deal. he spent a portion of his speech hurling accusations at the united states over that very agreement. david lee miller has the the story tonight from new york. >> reporter: iran's president speaking before the general assembly, warned the united states must fulfill its obligations under an agreement to restrict tehran's nuclear program in exchange for halting international sanctions. this is the first time he addressed the u.n. since iran and six other world powers, including the u.s., implemented the joint comprehensive plan of action. >> translator: any failure in implementing the jcpoa will further erode the credibility of the united states. >> reporter: he accused congress of caving in to what he called zionist pressure groups. he criticized the u.s. supreme court for allowing u.s. victims of terror to collect billions in frozen iranian assets. did he not mention the $1.7

billion the u.s. paid to iran that co-incited with the lease of americans held captive. critics called it a ransom payment. general joseph dunford answering questions today took issue with iran getting the money back. >> it's troubling. the more funds they have available, the more effective they will be in spreading influence. >> reporter: he touted the economic benefits of a nuclear deal that lifted sanctions. >> translator: only eight months after the removal of the cruel nuclear related sanctions, the economy of iran is showing clear improvement. >> reporter: speaking from the same podium tuesday, president obama also praised the deal. >> when iran agrees to accept constraints on its nuclear program, that enhances global security and enhances iran's ability to work with other nations.

>> reporter: in a news conference, the iranian business urged u.s. companies to do business in iran. the u.s. approved airplane purchases from air bus and boeing. >> david lee, thank you. the investigation into the northeast bombings continues today. even as the suspect remains unconscious in a hospital bed. the latest on what the fbi is learning tonight from new york. >> reporter: dramatic new surveillance video from outside a rehabilitation center for the blind shows people running for their lives as saturday night's pressure cooker bomb exploded in lower manhattan. the construction scaffolding protecting this man in a wheelchair as other pedestrians scrambled for cover. fbi agents are waiting to speak to the bombing suspect ahmad rahami who has been unconscious. his wife arrived in the united states last nightght from the united arab emirates. she left for pakistan in june.

she's cooperating with authorities and is not considered a suspect. investigators are focusing on rahami's family and whether any of them knew of the alleged terrorist plot. particularly avid yo from a relative's cell phone shows him testing an explosive device in his family's backyard just two days before the attack. laughing as it ignited. rahami's father says he had no idea about the attack. he warned the fbi in 2014 to keep an eye on him. he told "the new york times" he warned the fbi his son was watching al qaeda videos. rahami's handwritten journal includes references to isis' spokesman killed in august. he called on followers to attack in the homeland at not travel to syria. >> we are seeing an increasing lowering of the bar in terms of

inexpensive, unsophisticated yet high impact attacks that they are calling for. and people who are buying into a line of propaganda that promises belonging, empowerment. >> reporter: police are looking for two unknown men seen in surveillance video taking the second pressure cooker bomb out of a luggage, leaving it and walking away with the luggage. police say the men are not suspects. they simply want to ask them some questions and retrieve that bag for evidence. >> thank you. we are learning tonight that at least 50 different intelligence reports were drafted about the documents recovered from obama bin laden's compound. those reports have been completed for years. critics charge that the owe be a obama administration blocked it

because it conflicts with the claims that al qaeda is decimated and that bin laden was isolated and weak. katherine harris joins us with this fox news exclusive. >> reporter: the republican chairman of the house intelligence committee says he is prepared to take what may be unprecedented action to get the remaining documents from the nation's top military and intelligence officials. >> if they don't provide these documents to the committee by october 11, then we will subpoena them, which i don't want to do. but it appears like we have run out of all options. for the administration to mislead the american people for this many years is flat out wrong. >> reporter: in the letter to the director of national intelligence, the cia director and the defense department under secretary for intelligence, the congressman says the law required them to comply two years ago. navy seals recovered intelligence, but a fraction is public. while the administration characterized bin laden as isolated with a terror network

in disarray, suss subsequebsequ say was engaged in a plan to globalize the network. a white house spokesman refuted criticism they are being slow rolled because of conflicting narratives. >> because that's not the criteria that's being used to evaluate the release of the information. you have to ask the odni for an update on the status of that declassification effort. >> reporter: a spokesman for the director of national intelligence said they would respond directly to the house committee. >> we will follow it. a good day on wall street street today. the dow jumped 99. the s&p was up. the nasdaq grew. a showdown between the administration and congress over a bill that allows families of 9/11 victims to sue saudi arabia. after the break, we will talk to peop think your heartburn pill works fast?

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the clock is ticking on the president's plan to veto a bill allowing families of 9/11 victims to sue the government of saudi arabia for possibly supporting a terrorist act on u.s. soil. the veto expected tomorrow could set up a showdown between the white house and congress over the justice against sponsors of terrorism act. the legislation has pitted president obama against some members of his own party. >> were another country to behave towards the united states, that could be a problem for some of our service members. that is, i'm told, something that we in the department of defense should be concerned about. >> i have worked with these families for a very long time. i think they should have their day in court. >> lawmakers signalled they will

vote to override the president's expected veto. for more on how the victims and families feel about the possibility of a veto, we turn to former white house counsel jack quinn who is one of the attorneys representing the families. good evening. >> good evening. >> what about this? it's really hard from a lot of -- both sides of the aisle. former national security officials saying, this jeopardizes u.s. national security abroad. >> it's absolutely untrue. it is absolutely untrue. it's an incredibly narrowly tailored statute that actually has nothing whatsoever to do with the liability of individuals, be they diplomats, service people or any other employees of the government. it has only to do with foreign governments. not individuals. >> this suggests, the letter from the former national security officials, including one we will talk to in a minute,

suggests that it undercuts sovereign immunity protection from which the united states and all sovereign nations have lived mr for centuries. >> also false. completely false. it's built on a rich history in the area of sovereign immunity. sovereign immunity in modern types is not an absolute. states across the globe have important exceptions to sovereign immunity. the common exception that applies here is the so-called tort exception. which makes a government subject to the jurisdiction of another country if that government is complicit in causing death, injury or property damage in that country. that is not an uncommon thing. in fact, in the administration that the judge served in, the bush administration, not only was the law of this country

characterized as allowing -- as recognizing the tort exception, which it does statutely, but the bush administration said that would apply to terrorist actions like 9/11. >> you are a democrat. what do you think about the president of your party, president obama, vetoing this bill? what are the 9/11 families saying about this back and forth? >> the 9/11 families are incredibly distressed that he would veto this. by the way, all of these arguments put forth by the judge and his colleagues, put forth by the administration, put forth by the kingdom of saudi arabia, these are arguments that have been put out there for 6 1/2 years. this bill did not come on the scene a month ago. this has been working its way

through the congress for almost seven years. it has been passed by the united states senate unanimously twice, reported out of the judiciary committee unanimously in the senate three times. it enjoyed unanimous support in the united states senate. it enjoyed unanimous state in the united states house of representatives. these argumented were ta es wer account. the statute as a result of the arguments were carefully tailored. it does not apply to military operations. it makes a very careful distinction between acts of war and acts of terrorism. let me make this point. the conflation, the confusion that the judge and his colleagues and the administration make between what the united states does to prevent terrorism and what other countries do to support terrorism is a very dangerous

proposition. >> you are confident the veto will be overridden? >> i am confident it will be overwhelmingly. >> thank you very much. for the other side, we turn to the judge. he is former u.s. attorney general in the george w. bush administration. you have been listening to jack. your response? >> well, let's start with the fact -- the claim we are conflating what we do with what terrorists do. i think that's not the issue. the issue is whether foreign governments would conflate what we do with what terrorists do. they have shown that they are inclined to do that. governments as diverse as belgium, spain, afghanistan have tried to bring lawsuits against us and against our diplomatic and military people based on sovereign acts that the united states took. the united states has more people overseas than any other

country in the world. more diplomats, more military people, more intelligence gatherers. we have the most at risk from the notion not that another country is going to do the same thing as was done in this bill but rather that they're going to use this as the excuse to undercut sovereign immunity and go after not only us that is as a government but our diplomats, our military people and our intelligence gatherers. >> respond to the criticism from 9/11 families and others who support this bill that this is only designed to really protect saudi arabia, that this is about the relationship betweened united states and saudi arabia and preventing embarrassment for what may have been funding for the 9/11 attacks. >> no. this is about an attempt to essentially extort a settlement out of saudi arabia. these people want to get into court based not only a determination by our government that there is a possibility that saudi arabia was involved here. because there's been no such determination.

>> you know the back and forth of the 28 pages that recently became declassified. there's large sections of it that are still blacked out. largely pointing to some kind of connection with someone in saudi arabia tieing to the 9/11 terrorists. >> i dispute there are large sections blacked out. i read the 28 pages to the extent they have been released. what they show is contact between people involved in 9/11 and some low level diplomats in the united states. that doesn't show saudi government involvement. there's a huge difference between saying that these people had contact with diplomats here of an undisclosed kind and saying the saudi government was involved. there's not a shred of evidence pointing to that. if there were, then there is legislation that exists that allows our government to make a determination saudi arabia was involved in an act of international terrorism as we have in the case of iran and allow people to sue. >> for some lawmaker getting

ready to override the president's veto -- it looks like they have the votes. both sides of the aisle. you have nancy pelosi supporting this and others. what do you tell them in the final pitch that gets them to change their override of this veto? >> what i tell them in the final pitch is that we all have sympathy for the 9/11 families. we all want to see them get whatever is coming to them and perhaps a bit more. we also want to make sure that the united states is protected, that we don't hurt ourselves in an effort to try to help the families. in fact, this isn't going to help the families so much as it's going to help lawyers like mr. quinn and other trial lawyers who have been pushing for this legislation for years. this legislation went through the senate. he made it sound as if it received intense consideration. it didn't. there were no hearings in the senate. there was a one morning hearing in the house. >> it was seven years. it did come out of committee.

>> it had no hearings. >> we appreciate your time. fair and balanced discussion tonight. jack quinn, thank you. the all-star panel joins me it talk politics. we will get the thoughts on the 9/11 bill as well after a quick break.

before we turn to politics with our panel, let's talk about the discussion about the 9/11 bill. we're joined with our panel, judge andrew napolitano, heidi, brian york, and jason riley with the wall street journal. you heard the back and forth with the judge and jack quinn. your thoughts?

>> one of the most basic principals of due process in america throughout our history is where there's a wrong, there's a remedy. this statute provides the remedy. the courts should not be blocked from hearing these cases. the people who lost loved ones should have every opportunity through jack quinn and his investigative team to prove the source and the cause of that loss and seek compensation. >> sovereign immunity questions and national security questions aside? >> yes. this does not affect sovereign immunity except for the narrow area. there may be a reaction on the other side. we have to balance that. but in my view on balance, the 9/11 families have every right to point a finger at the people in saudi arabia who mysteriously have been protected by two administrations. >> well, part of the -- a big part of the problem is the backlash. we start making exexceptions, other countries will make

exceptions. that's the problem. the sovereign immunity is a good one. we want foreign investment in the country. we will get less if we start making exceptions like this. i don't think that's good. i don't think it's good for u.s. companies that have assets abroad. we don't want to start down this road. >> is this the equivalent of a national security brexit vote? >> i don't know about that. this is election year politicking. sounding tough on terrorism in an election year. >> take a listen to this. >> we do know that we have two more names to add to a list of african-americans killed by police officers in these encounters. it's unbearable. and it needs to become intolerable. >> our country looks bad to the world. especially when we are supposed to be the world's leader. how can we lead when we can't even control our own cities?

>> this is the latest average of recent polls. first you have the index, special report index. there are five polls included here. that's where it stands right now. clinton up 2.8. as the look at the nbc one of the interesting things the questions, the candidate qualities beings honest and straightforward as i mentioned yesterday. upside down for hillary clinton. there you see temp rat, knowledge, and experience. heidi, what about the recent violence, the riots, the protests, whatever you want to call them? and how they play politically now? >> well, the one thing i was struck by was that there actually was a sliver of unanimity between these two candidates and their responses and there seems to be agreement when it comes to the tulsa shooting that there are black men being shot under questionable circumstances. and, on the other hand, we also are seeing an erosion in respect for our institutions and our police force. where we diverge is in terms

of the remedies. i too think it's pretty clear that hillary clinton is going to be pushing a wholesale overhaul in terms of criminal justice system, in terms of good police practices. and donald trump is focusing more on a law and order message. i think both of them have some big questions they have to answer in terms of donald trump. you know, is he going to pony up the money for a massive increase in the number of police that we put out on to our streets? and is he also going to embrace the same type of reforms that we we know work for bill bratton and for hillary clinton is she just going to focus on better practices or is she also going to allow that type of a build-up that we know we need in some of these targeted areas like chicago. >> build-up that happened under her husband's administration, byron? >> when you have the combination of a couple of different types of events. you have terrorist events. new york, new jersey, minnesota. and then you have an outbreak of violence in charlotte. this is a perfect atmosphere for trump's law and order message. the last time he pushed this

the most was after the murder of five policemen in dallas, just right before the republican convention. but, trump actually seems to be trying to temper this a little bit. he is in pittsburgh today giving an energy speech. he takes a few minutes to talk about this. he said, you know, we need to be careful to try to walk in other shoes. to try to see things from their perspective, like heidi said, he is trying to draw a distinction between charlotte where the police chief is saying, look, this guy had a gun and this was justified and oklahoma where we have just seen the officer actually charged with felony manslaughter. trump is trying to put nuances in disposition. >> obviously the violence is horrible. and all kinds of officials have weighed in on this. we are looking through a prism of politics. and, as you look at the latest fox news poll from north carolina, actually, on the question of vote preferences. you see black, african-americans in north carolina overwhelmingly 85% to 3% for hillary clinton

and you see the breakdown there that matches other states. does this matter in a key swing state like north carolina? >> yes. it matters. particularly with the percentage of black voters that are in a state like north carolina. i think these are the states, particularly older voters in these states that powered hillary clinton past bernie sanders in the primaries. i think she is having more difficulty with other segments of the black community, however, particularly younger blacks. millennials more open to third party candidates. jill stein, gary johnson. they see them as they don't trust the establishment. they don't mind going with these sort of outsiders. so she is having trouble with that group. but i think, schroll, this will impact the black vote. yes, it does play to donald trump's law and order theme. without a question. but, as you mentioned, these are two seemingly different incidents. but what is striking to me about this is how quickly any victim, a black victim of police violence gets turned into a martyr,

instantaneously it doesn't matter if you are armed, up armed, running from cops, running toward cops. it just doesn't matter. the left, the black lives matter movement, the progressives are going to make you a saint instantaneously. this is very, very dangerous. they are trying to shoe horny incident into this narrative that cops are hunting black men. >> judge? >> and i don't buy it. >> and the president of the united states actually has very, very little influence on policing in the streets. yes, they can spend money. and, yes, they can give block grants. it takes a long time for the money to be appropriated, for the money to be spent, and for there to be a result from the expenditure of that money. on the other hand, i think they are each attempting to address their particular narrative. and i agree with the arguments that jason has just made. i don't blame hillary clinton for taking the side that she is taking. she thinks she is going to get votes there. i don't blame donald trump for taking the side that he

is taking. neither of them is putting their arms around the country and trying to unite us. neither of them is looking for a solution. they are both looking for votes. i wish in north carolina that there were the level of transparency that we saw in tulsa so that people can form their own conclusions but they have a statute that permits them to hide this tape? heidi, quickly, hillary clinton off the trail today. there was a video from funny or die with jeff actual fan fro. ahead of this debate, where does it stand? who is the actual expectations game playing to. >> you can see they are both putting out the word through the media donald trump saying they are going to be overly hard on me and hillary clinton saying the bar is so low for him. [ laughter ] i think that for her, i think the bigger variable is donald trump. because we know hillary clinton is an experienced debater. we know she loves policy

details. so i do think there is a certain amount of legitimacy to ask the question whether or not donald trump is going to pass this -- does he look presidential test. and if he does, you know, he has got these independent voters which have been coming over to him. evidence might see some of these numbers solidify and that's why it's important. >> i have got to run. we are going to have a couple days to talk about predebate. i promise

>> a giraffe and live morning tv. >> you know it's a popular party. we had fun in the past. we want to get to that ticket giveaway. one last beauty shot. >> oh. >> that's a lot of slobber. >> where is this going? where is this going? >> all right. >> what is happening? >> they always say animals and children on live tv. >> privacy, please. >> your okay? >> i'm okay. >> thanks everybody. fair and balanced and unafraid. it is friday, september 23rd and this is a fox news alert. another night of protest in charlotte. hundreds ignore a curfew and two

more officers injured as the family of the man killed by police speaks out about what they saw on the video of that shooting. then just three days now away from the first presidential debate, donald trump still out on the trail and hillary clinton, mia. >> where is hillary today? they say she's practicing for the debate. some people think she's slipping. >> we are live in washington with how both candidates are preparing for their first face off. and he made it cool not to stand for the national anthem and now back up quarterback colin kaepernick is a "time" cover story. the magazine says he deserves it. but does he? we report you decide. "fox & friends" first starts right now. good morning. happy friday to all of you.

you're watching "fox & friends" first. >> i'm abby huntsman. >> and i'm heather childers. thanks for starting your day with us. >> we want the tape. we want the tape. >> it wraps up with this fox news alert a third night of protests in charlotte, north carolina. >> hundreds ignoring a midnight curfew shutting down a highway and chanting for the release of the footage of the shooting of keith scott. >> we go live to charlotte where that curfew is still in effect at this hour. leland you've been there all evening and you were there last night. what's the latest? >> reporter: ladies, good morning. the police basically said the curfew viewed as a tool if things got out of hand they would start arresting people. they made a deal with the protesters if they stayed peaceful they wouldn't arrest anyone. both sides kept that bargain. the police have a