outside, it is coming up at 5:00 on the east coast, you are watching "fox and friends" first on tuesday morning. heather: we can do a double take at that. thank you for starting your day with us, let's get to our top stories, donald trump claiming a clear victory after the high court reinstates his travel ban. >> the supreme court set to rule on this case in october. >> reporter: a victory indeed, unanimous decision of the supreme court allowing major parts of the travel ban to take effect. sean spicer saying the decision helps keep the nation safe. >> the president was honored by the 9-0 decision that allows him to protect our nation's

homeland, his number one responsibility as commander in chief is keep the american people safe and that is what this executive order does. rob: this narrows the original been, foreign travelers from six muslim majority countries from iran, libya, somalia, sudan and yemen, 90 days, people with no strong ties to the united states, those who do not have family connections, jobs or educational commitments. the report agreed to hear more arguments next term starting in october to determine whether the ban is lawful. leaders in states like hawaii maintain it is unconstitutional. kirk caldwell says it sends the wrong message. >> it sends a mixed message, we

are a country, allows family ties to come to the country. that is a positive turn of eventss, to say someone may not be welcome is a message we want to send the rest of the world. rob: what does it mean? it takes effect thursday. the state department think it will begin implanting the band after consulting department of justice and homeland security. you may see longer lines at the airport. rob: 72 hours to get together so we don't have the mess we had the first time. heather: it faces an uphill legal battle but jonas goldberg of the "national review" explains he was well within his own rights. >> this was politically a win and a vindication for donald trump, the travel ban, but also a win for the plane letter of the law. part of the reason why this was a win for the white house was the right side of the constitution legal argument, the

president has plenipotentiary our to run immigration the name of national security going back to the 1950s, not necessarily constitutional power but a statute. heather: religious freedoms and the rights of same-sex couples is headed to the supreme court, justices agreeing to hear a case involving a colorado baker, remember this, refused to bake a wedding cake for a gay couple citing religious reasons, the lower court ruled baker was in violation of the state's discrimination laws. the high court is expected to hear this case in october. rob: the white house vowing syria will pay a heavy price if it carries out another chemical attack, warning the assad regime, planning a new mass murder, ones that could kill innocent children among many others saying there is evidence similar to what took place before the massacre earlier this year which he retaliated against. came hours before donald trump meets with the new french

president who promised retaliation if the assad regime uses chemical weapons. heather: republicans turning up pressure on colleagues who opposed the gop healthcare package hoping this tweak will get them on board. rob: donald trump slams doomsday predictions thank don't believe them. kelly right joins us with details. >> reporter: as soon as the cbo score came out a top ranking democrat in the senate, chuck schumer, blasted republican saying the cbo report should be the end of trumpcare. the congressional budget office released this report on the senate health care bill monday, it predicts it will cut the deficit by $321 billion in the next decade but estimates the new healthcare will increase the number of uninsured to 22 million people over the next we 10 years the white house takes

issue with the cbo with a statement, the cbo has consistently proved it cannot accurately predict how healthcare legislation will back insurance coverage. this history of inaccuracy demonstrated by its flawed report on coverage, premiums and deficit rising out of obamacare reminds us that it's analysis must not be trusted blindly. mike pence weighing in on the matter saying obamacare is failing. >> every day there is news of another major insurance company leaving the obamacare exchange. >> reporter: at least five republicans oppose the new plan in its current form. the gop senate leaders are tweaking the measure adding a provision to ensure people buy insurance -- adding a 6-month waiting period for those who allow their insurance to lapse for two months. democrat senators continue to

oppose this bill staging and all night sit in on the capitol steps to replace and repeal obamacare. they had a topic on republican leaders say they are optimistic about getting the measure passed, adding the time to act is now. heather: a talkasans. don't they do that everyday? rob: remember this ad? democrats bringing it back to attack the gop healthcare bill. this new ad depicts house speaker paul ryan pushing grandma right over the edge. the speaker telling ryan still need what he feels about it. >> you saw what democrats are doing, paul ryan look-alike throwing granny off a cliff. can you laugh that off? >> i'm so used to this. the left is out of gas. resist, resist, resist.

they want government healthcare. it is not working. what are we doing? replacing with a law that will actually work. >> don't miss brian's full interview with the speaker coming up. heather: bernie sanders and his wife getting high-priced legal health, jane sanders being investigated for possible bank fraud and bernie is dodging our questions about it. >> reporter: bernie sanders refused multiple times to answer questions from fox news's carol rowland about the fbi investigation reportedly come to focus on sanders's wife. >> cbs is reporting on this, you believe it is politically motivated? >> they are interested in the fact the republican leadership is proposing legislation which would throw millions of people

off of healthcare. >> reporter: jane sanders's tenure as president of burlington college in 2004-2011 and a loan application she filed in 2010 to help the school, published reports allege sanders claimed $2.6 million in pledges, the college spiraled into bankruptcy, sanders raised less than $70,000, leading the chair to ask federal prosecutors and banking regulators to investigate what he termed apparent federal bank fraud. >> i have seen public records documents show an investigation has been started. those records were with the vermont department of education where us prosecutors were asking about the investigation. >> reporter: senator sanders's campaign manager jeff weaver did not respond to fox news request for comment but turn politico they fired richard cassidy, well regarded from a lawyer and sanders superdelegate, the staff did not respond to multiple

requests for comment. asked about this case by a local vermont reporter last month the senator called it nonsense and noted the involvement of donald tramp's forward campaign aides. >> donald trump tapping chris ray to head the fbi, former assistant attorney general under george w. bush says he is honored and humbled by the nomination. this comes after james comey was fired earlier this year. he must be confirmed by the senate before leading the agency as director. heather: now claiming the navy destroyer failed to react moments before the collision. lawyers reporting the captain of the crystal said they flashed lights towards the fitzgerald even taking a hard right to avoid the ship. the u.s. navy has not commented.

mahmoud abbas rob: tourists brutally beaten in new york in surveillance video, a surprise attack from behind, both men were victims, falling to the ground, one of them knocked out cold, crooks stealing their wallets. the victim rushed to the hospital, when in critical condition, one suspect is under arrest the other on the run today. heather: american manufacturers now stopping what is linked to the fire. iconic paneling is believed to have contributed to the devastating inferno that spread rapidly killing 79 people earlier this month, the company says it is the right decision based on inconsistencies in building codes across the world. rob: a water spout forming off the coast of lake erie, ohio.

the tornado like water cyclone seen making its way across the great lakes. heather: informed on the water, a natural phenomenon that occurs when temperature differences between the lake surface and any other areas where there is converging band together. rob: cold air, hot air, violent storms. heather: why do you need me here? >> a water spout the crosses over land becomes a tornado. let's look at it. light rain across the northeast, the next system across the northern plains brings the threat for large hail, damaging winds and tornado today and tomorrow as the system moves eastward, there is your severe threat through tonight and the elevated tornado threat to

nebraska. also large wildfires across the west, warm temperatures ongoing, high fire danger across southern california. heather: thank you. the time is 11 minutes after the top of the hour and the controversial crackdown, brand-new proposal. >> don't come to milltown into 2 drugs, you better get out of town, we might not come. heather: the councilman who wants to save money and send a message by letting over those victims die. rob: a reporter out of a job after being caught in a lie. heather: potential 2020 run, the picture that has the internet going a little bit crazy. ♪

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rob: tempers flaring at cnn reporter jim acosta and sean spicer demanding cameras turned back on during an audio only press briefing. >> can you enter whether the president still believe -- >> no cameras. >> why don't we turn the cameras on? >> i'm sorry. >> why not turn the cameras on? rob: spicer firing back think the president speaking at the rose garden after the press briefing and wanted our commander in chief to carry the day. heather: three journalists quit after wrongly tying a trump transition team member to a russia story, in a retracted

story, the network, thomas frank, their departure as resignations following the fiasco. cnn imposing a new rule, get permission from executives before putting any story about russia on the air. cheryl atkinson, author of the smear, worked at cnn for three year saying there has been a >> in the past two years in the media's position as unbiased arbiter toward one that pushes narratives. >> we have now invited pundits and political operatives into our newsroom not just as commentators but as reporters, sometimes there is little meaningful difference between people reporting the news and the political operatives who want to advance those narratives. i also think the establishment, democrats, republicans and the media establishment exempted themselves from normal journalism rules and rules of political behavior because they

see donald trump as such a big threat, hitler risk thread, they don't have to follow the normal rules of journalism in this case. i think it is more of a threat to the system of favors, money and access that has been developed through what we have known as the political establishment. the news media is suffering a credibility gap in general because it has decided to blur together like i have never seen before. >> don't miss cheryl atkinson live on "fox and friends" at the 7:00 hour. rob: radio show host in seattle said the man who attempted to assassinate steve scalise and other republican members of congress may have been motivated by a conservative outlook on the second amendment. tucker carlson firing back pointing out the shooter was clearly a left-wing extremist. >> when people who call upon the second amendment as a last

resort against the tyrannical government, when they say it is useful in this day and age that way this is what that would look like. >> steve scalise was not a desperate trying to control the life of hodgkinson. that is absurd. >> james hodgkinson was killed in that shooting. heather: the time is 20 minutes after the top of the hour, a brand-new study, bed is for backers of minimum wage. >> this is a two edged sword, taking money from the people you are trying to help. heather: is seattle's increase costing jobs? heather: rob: don't mess with mother nature, the reporter blown away.

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and these guys. him. ah. oh hello- that lady. these houses! yes, yes and yes. and don't forget about them. uh huh. sure. still yes! you can get it too. welcome to the party. introducing gig-speed internet from xfinity. finally, gig for your neighborhood too. heather: welcome back. a daylong court hearing leaves the fate of the texas sanctuary in limbo, four cities in the lone star state suing to block the measure that would prevent communities from enacting ordinances ignoring federal immigration laws. hundreds of protesters packing the san antonio courthouse yesterday a federal judge ending the day without making a ruling. rob: the infamous reputation of former pharmaceuticals once called the most hated man in

america interfering with jury selection for his trial. martin skreli increasing the price of a drug treating hiv patients by 1000%, several jurors excused, they can't be impartial, they know who he is. heather: it turns out it could be possible to raise the minimum wage too much. >> seattle increased, benefited some low-paid workers but many others are seeing their hours cut in their take-home pay being reduced. heather: here are the details of that study. >> reporter: seattle's minimum wage ordinance in 2014 was seen as a way to close the inequality gap and help those struggling at the bottom of the economic ladder but it may be doing the

opposite, the new study found the working poor are making more per hour but taking homeless pay. the new wage is boosting worker pay but also resulted in a 9% reduction in hours and $175 cut to monthly paychecks. >> this is a two edged sword. if you raise the minimum wage, taking money away from the people you are trying to help. >> the study shows not everyone is struggling, job growth in seattle is strong up 13% in the past year but only for those making more than $19 per hour, ed murray tweeted's support for the increased wage, the seattle economy is booming, wages increasing at restaurants and retail among our fastest-growing job sectors, fight for 15. that hashtag is an effort to bring higher wages across the

country by worker strikes and demonstrations. more than a dozen cities and counties mostly in california and new york have followed seattle and lead. rob: 25 minutes after the hour, new york city mayor michael bloomberg last week talking about we have to get behind the president has a new plan to resist donald trump, millions of dollars being thrown at mayors to sidestep the trump administration. heather: fired for being a conservative? for espn reporter says that happened to her. ♪ ♪ we got trouble ♪

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♪ heather: you can see the sun coming up over new york city. good morning, you are watching "fox and friends" first. rob: it is tuesday morning, 30 minutes after the hour. two big stories out of the nation's capital, the supreme court reinstating part of the president's travel than. the 20 republicans make some tweaks to their health care plan. rob: kelly right, the healthcare showdown set for this week. heather: a major decision from the high court. >> reporter: a clear victory for the president in a unanimous decision allowing major parts of the travel ban to take effect, donald trump reacted to the decision on twitter writing, quote, great day for america's future security courtesy of the supreme court.

the court's order narrows the original band to individuals with no strong ties to the united states for these muslim majority countries, iran, somalia, sudan, syria and yemen. anyone who does not have bona fide connections, jobs or educational limits in the us. the court also agreed to hear oral arguments during its next term starting in october to determine if the ban is lawful. civil rights leaders against the president, maintain it is unconstitutional with mayors reacting with outrage. >> it is unwarranted, it is un-american, i don't think it is what this country was built on. >> i'm hoping justices between now and october look closely at the decision and make a ruling that is fair, represents all of us in the united states of america.

>> every person from muslim communities as a terrorist. rob: the state department will implement the ban within 72 hours after consulting with the department of justice and homeland security, you can see this as soon as thursday. heather: it will be remarkable that it happened that quickly after all this. rob: donald trump declaring the supreme court decision a win for national security. this was also a victory for the president's policy. >> it was definitely a victory for the president. it doesn't tell us what will happen when they consider this but it looks good. most importantly a policy victory, validation of policy not just in a special election district where republicans were favored or good justice on the supreme court or a good day when

someone messes up their testimony, policy victory. he needs one. heather: michael bloomberg is offering millions of dollars to resist donald trump. the former new york state mayor launching a contest encouraging us mayors to sidestep the president's policy. $100,000 to 35 cities, other cities will get $1 million and one city will receive a grand prize of $5 million. among the issues bloomberg wants to tackle, climate change, immigration and gun control. rob: senate republicans turning up the pressure on colleagues who oppose the gop healthcare package hoping some tweaks will get them on board. the 20 donald trump slams

doomsday predictions that say don't believe them. >> reporter: good morning, democrats planning to prove trumpcare is dead. the cbo congressional budget office reveals the senate health care bill monday predicts it will cut the deficit by $321 million but estimates the new healthcare will increase the number of uninsured to 22 million people over the next we 10 years, the white house taking exception issuing this statement, the cbo has proven it cannot accurately predict how healthcare legislation will impact insurance coverage, the history of inaccuracy demonstrated by its flawed report on coverage, premiums rising out of obamacare reminds us its analysis must not be trusted blindly. democrat senators continue to

oppose the bill stage and all night sit in on the capitol hill steps to protest the gop proposal to replace and repeal obamacare, they had a talk to afine, five republicans in its current form, gop leaders adjusting to the measure adding a lockout provision to ensure that people buy insurance before this strikes than and adding a 6-month waiting period for those who allow their insurance to lapse. it is unclear that will win over reluctant republicans in time to pass the measure. >> american people need better care which is what we are working to bring them. >> this is such a bad bill that even his legislative wizardry is having a rough time. >> mitch mcconnell is planning to have the senate vote during the july 4th recess. we will keep you updated.

heather: moving in by force. after a teenager punched 25 feet from a gondola ride in upstate new york, the 14-year-old girl was left dangling off of that right after slipping through the restraint that holds you there and then she fell 25 feet into the crowd below. that was a heckuva catch. police say the 6 flags ride was working properly blaming the incident on human error saying the girl was either playing around or not paying attention. >> what you might have inside your home could cause cancer. california adding the main ingredient in round up to its list of potentially cancerous chemicals, state officials pushing to add warning labels on the weed killer, roundup's parent company selling to fight

against the cancer-causing allegations. >> a warning before you head to the beach, the water could be filled with bloodthirsty sharks. that will scare back out of you on a sunday morning. officials expecting 150 big great white sharks off the coast of cape cod this summer, first responders training to keep an eye out for these predators to keep swimmers safe. they travel to the cape, massachusetts hasn't had a deadly attack in 80 years. heather: speaking of scary, a weather report to get the hilarious reminder not to mess with mother nature. >> all your photos -- >> the irish weatherman literally swept off his feet by a gust of wind, you can see his umbrella flip inside out as he

is pushed out of camera shot. >> you see broken umbrellas all over new york city just like that. the umbrella is not really usable anymore. >> that was the best part. janice has a check of the forecast. >> did that man have a man -- >> i think he did. very fashionable. >> and islands with the news you can wear whatever you want. >> more segments on man runs. let's look at your current temperatures, we don't have a lot of time, 63 new york. i will not be out there with an umbrella. 55 in buffalo, 54 in chicago, cooler than average temperatures, scattered showers across northeast florida, the gulf coast as well as potential for severe storms in the northern plains that eventually

move into the upper midwest, large tail, damaging winds, isolated tornadoes. i would like to see rob with a man bun. that is just me. rob: keep dreaming. thanks so much. 38 minutes after the hour. major victory for donald trump as the supreme court allows parts of his travel ban, the biggest parts to take effect, why our next guest, a constitutional attorney says it is a fine of things to come. >> maybe we should turn the cameras on. why don't we turn the cameras on? >> tempers flaring with sean spicer. wait until you hear what donald trump junior just said about it. and epic response with carly shimkus. ♪

>> some drug users who overdose one too many times could be out of luck, ohio city considering a 3 strikes and you are out policy that would prevent first responders from administering a life-saving antidote to repeat offenders who are overdosing. middletown medics in ohio responded to 600 opioid overdoses. it is a real problem costing taxpayers more than $1 million. the state of ohio has the highest number of overdoses in the united states. >> some college students could bring guns to school starting this saturday, kansas will allow concealed carry weapons for people 21 and older throughout the state. the new rule an extension of a law passed in 2012 giving kansas residents the right to carry guns without a permit. colleges have extra time to

implement the changes. >> tempers flaring at the white house between jim acosta and sean spicer demanding the cameras be turned back on. >> how donald trump junior fired back. >> reporter: drama at these press briefings, some reporters are angry the cameras have been banned from some press briefings making them audio only and things got heated with cnn's jim acosta yesterday. >> can you answer if the president still believes -- >> the camera. >> why don't we turn the cameras on? why not turn the cameras on? >> the press briefing have been televised and the clinton administration, sean spicer

wants to get the president's point across, the president have supporters attacking acosta including donald trump junior hootsuiteed is a cnn whining, not winning. another tweet from stan weber who said it appears acosta is determined to become the news instead of being a journalist covering the news. a.m. in america tweeted he sounds like someone complaining the starbucks line was 5 minutes longer. there has been so much drama over these press briefings, the president -- he made the story about himself. rob: talking about a young lady from espn. >> espn is accused of bringing a liberal bias to with sports reporting and brit mc henry thinks she was fired because she is openly conservative. she agreed with someone who said the network is too liberal, i

have been openly conservative, look how that ended up. she later deleted that tweet but also said stay true to what you believe in, positive or negative, want the truth for me from my social media, finishing that off with i love you. she is one of 100 people who were fired in april and the same reporter who went viral for yelling at that tow truck employee in 2015, nasty moment on her part, she is making news again today. joe biden, doesn't this look fake? joe biden was a lifeguard 55 years ago was renamed in his honor. he went to the ceremony hopped on the lifeguard stand, this picture is going viral. this is not staged for

photoshop, he continues to be a walking meme. people reacting to it, kevin says it is a shame he did not do a cannonball off of that. country and says by watch. if only he had on his ray-ban, come on, joe biden. and red shorts. >> the kids didn't care. thanks so much. >> let's check in with steve ducey for what is coming up on "fox and friends". >> reporter: a busy 3 hours. ryan goes down and talks to speaker of the house paul ryan, an exclusive interview after the cbo scored, you will hear what is going on, mark levin has a brand-new book, cheryl atkinson, always entertaining to hear the latest from newt gingrich.

lot of news, 12 minutes and 15 seconds on the channel you all trust for your morning news, "fox and friends" first continues. hi.

>> a big victory for the trump administration as the supreme court decides to reinstate part of the president's travel ban. >> joining us with the reaction, us government affairs policy and constitutional attorney chris gilbert, thanks for coming on. let's start, is this vindication for donald trump and the administration? this is show bias in lower courts? >> i don't know what vitamin

regimen, when the supreme court delivered him a supercharged b12 shot to the on yesterday, the fact is the party who wins usually wins on the merit, that gives an indication where this is going, to your point on the lower courts absolutely we have the fourth circuit and the ninth circuit, two of the most liberal courts in the country, just goes to show you got to let the process play out, got to go to the supreme court where it will be decided. >> in the meantime they would -- rinse for some key parts of the ban, six countries that are involved, iran, libya, somalia, sudan, syria and yemen but there are some exceptions. >> the travel ban won't be able

to be applied to anybody who has what is called a bona fide connection to another individual or entity in the united states. it goes back to the difference between the original travel ban and the new travel ban, they clearly distinguish between green cardholders. there is that limitation in place. for all the relevant parts of the travel ban and with the president is trying to achieve those are in place and they are going to be able to enforce those through the arguments in the october journal. >> we haven't confirmed if this was a 9-0 unanimous vote, the president touting is that it was but there were no dissenting opinions given on the so it could have been a 9-0. what do you think of the fact that the supreme court did not look at the campaign rhetoric

and the things the president has said about a muslim band. they didn't look at that the way the lower court did. >> great point. there are a couple things we could pool out of that opinion yesterday. for your viewers what that means is it was an opinion by the court that was not signed by particular judges. in most cases those are usually for the noncontroversial decisions that are unanimous so that was interesting but as you mentioned they did not mention donald trump's campaign statements, your viewers may remember the courts of appeals, enjoying this travel ban seized on donald trump's statement on the campaign trail made a big deal about that. there was not single met mention of that in the opinion yesterday. one point i would like to bring

up, you had three justices on the court that said they would have issued a stay for the whole thing. >> in october if it needs to be. thanks for coming on. 54 minutes after the hour, the essay is used to cramming passengers, not a good move. freakishly large lobster, look at the size of that, boarded a plane with no questions asked, we will tell you that story. >> the washington redskins, can you see it? ♪ i want somt makes it easy to find what i want. booking.com gets it, with great summer deals up to 40% off. visit booking.com. booking.yeah!

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heather: time now for the good, the bad and the ugly. up first always the good. police officers go above and beyond the call of duty to surprise a toddler on his birthday. officers in long view, texas, crashing 4-year-old mason's party with swat vehicles and patrol cars. mason wants to be a police officer when he grows up. rob: he definitely will be now. next the bad, tsa agents making the catch of the day finding a 20-pound lobster inside a suitcase. turns out it's legal. you can do this if you want. lobster loaded on to a plane after it was expected and determined to be a real lobster. heather: wonder if it smells. the nba with new license

plates. it's the washington redskins logo plassterred over an outline of washington state the team plays in maryland near washington, d.c. rob: that's a brilliant move there. whoever pulled that one. "fox & friends" starts now. we'll see you later. heather: bye. >> president donald trump saying the supreme court decision to green light his temporary ban on refugees is a clear victory for our national security. >> his number one responsibility as commander-in-chief is to keep the american people safe. that's exactly what this executive order does. >> this is a substantial political victory for the president. >> it was politically a win and vindication for donald trump and for the travel ban. >> the congressional budget office released its healthcare bill. >> hundreds of thousands of people will die if it passes. >> i think the left is out of gas. they basically decide resist, resist, resist. they want government run healthcare that's not working. what are we doing?