non-drowsy allergy pill. it helps block 6 key inflammatory substances that cause symptoms. pills block one and 6 is greater than 1. flonase changes everything. arthel: this is a fox news alert. we now know the name of that suspect in the church shooting outside nashville tennessee today. 25-year-old emmanuel sampson, at least one person is dead, several others wounded. one 60-year-old man said to be in critical condition. officers say the gunman first opened fire in the parking lot on a woman walking out of the church service. in fact, you can see the gunman's suv there in the video. it is the dark blue one with the doors open. police say emmanuel sampson then entered the church and fired off several rounds wounding six people and pistol whipping another. the suspect himself reportedly

wounded during a confrontation with the church's usher, 22-year-old robert ingle. mr. ingle is one of those recovering in a hospital. >> what i would say about the usher, he physically engaged the shooter and during the struggle, the shooter was shot. at this time, we don't know exactly how that happened, whether he shot himself or whether the gun discharged during the struggle. mr. ingle sustained serious injuries himself and he's the hero. arthel: he is a hero indeed. the suspect, emmanuel sampson, 25, also in the hospital, and we will continue to bring you the latest as we get it. eric: there's a lot more tonight on a growing clash between the worlds of politics and sports on this football sunday. players across the nfl in a show of defiance against president trump after he called on fans to

boycott games express their disapproval of players who kneel during the national anthem as you can see. but in some cases, that dethat defiance can work both ways -- but in some cases that defiance can work both ways. one player who is a veteran, an army ranger, a west point graduate, also earned the bronze star, he is offensive tackle, and he stood during the national anthem while that was being played today in the game with pittsburgh. hello i'm eric shawn, this is a new hour of america's news headquarters. arthel: hello everyone. i'm arthel neville. this all started friday night, alabama, during a campaign rally for republican senate runoff candidate luther strange where

the president urged nfl owners to fire players who kneel during the national anthem. the country's most popular sport has become the latest political flashpoint. we have fox team coverage, mary ann raferty, standing by on the west coast as a slate of games there are still underway, but we begin with kristen fisher. she's in somerset, new jersey, near the president's golf club where he spent the weekend. hi, kristen. >> hey, arthel. we have been hearing from president trump all weekend long, on twitter. now we're hearing from him in person. twice in the last hour, to be exact, and he told reporters that he's been watching the game. he was watching some of the protests, and they asked him if he thought that he was perhaps inflaming racial tensions by making all these comments, and here's what he said. >> this has nothing to do with race. i never said anything about race. this has nothing to do with race or anything else. this has to do with respect for our country and respect for our

flag. >> so he says this has nothing to do with race and everything to do with respect for our flag and country. i'm sure those statements are hitting social media. give it a few minutes. i'm sure it will be praised and condemned. that's what happens on social media; right? so this morning, two administration officials hit the sunday shows to back up president trump, the treasury secretary and the white house director of legislative affairs, and he equated this latest controversy to high school football players who are punished for leading their players in prayers before a game. listen. >> they are getting punished and disciplined for asking their players to prayer, but yet in nfl players who take a knee over a flag that many of our generations preceding us have died to protect the freedoms, they somehow get honored as martyrs by the media. the president is pointing out that that shouldn't be accepted. they have a 1st amendment right to do that, but nfl owners also have a right to fire those players. >> and so this is all happening

just one day after president trump rescinded his invitation for golden state warriors guard steph curry to visit the white house after winning the nba championship. now, the entire team isn't going, but the hockey team that just won the stanley cup, they are taking a different approach. the pittsburgh penguins put out a statement this morning that reads quote the penguins respect the institution of the office of the president and the long tradition of championship teams visiting the white house. any agreement or disagreement with the president's politics, policies, or agenda can be expressed in other ways. so we're really seeing this controversy spreading to different sports. we're seeing different teams take different tactics, but don't forget, eric and arthel, this is all taking place at the beginning of a very big week for this administration. you've got the effort to repeal and replace obama care for what is this, i think the third time. they are going to be rolling out tax reform. you have all these ongoing hurricane recovery efforts north

korea and don't forget tonight president trump's travel ban is set to expire so we could get more recommendations about that any minute now. arthel? arthel: we're waiting for that. of course if we get it, i know you will get it to us. we will have it here. you are right, kristen, he has a lot on his plate, he being president trump and we're watching it all. thank you, kristen >> sure thing. eric: nfl players and coaches are somewhat divided on how to respond to president trump's comments about firing players who don't stand during the national anthem. dozens of jaguars and ravens players they took is a knee while the anthem was being played. let's listen. ♪ >> while they were kneeling during our national anthem, they stood during the british national anthem. some others stood with their arms locked together. mary ann raferty is at the stub

hub center which is the new home of the los angeles chargers. how are football fans reacting to this controversy where you are? >> well, we talked to several fans here at the chiefs chargers game, and they all seem to agree, that they are not going to stop coming to games, but some agree with the players' rights to protest and others just don't. >> i voted for trump. i'm a big trump supporter. what he's doing now is crossing the line. it is getting a little too personal. >> players locking arms and standing together in unity at games across the country, with some 100 players taking a knee at the tennessee titans seattle seahawks game, both teams staying in the locker room. some teams choosing to do so to avoid controversy but the seahawks releasing a statement saying in part we won't stand for the injustice that has plagued people of color in this country out of love for our country and in honor of the sacrifices made on our behalf,

we unite to oppose those who would deny our basic freedoms. this all started with president trump on friday suggesting at a political rally in alabama that players who take a knee should be fired. >> get that -- off the field right now. he's fired. he's fired. >> again, so far league executives have come out mostly in support of the players, supporting their right to protest by taking a knee. but as you saw, many of them standing, locking arms, still saying hey, we're all together. we're united for this cause. but not taking a knee during the anthem. as far as the fans, they packed them in here at the chiefs chargers game, and so many of those fans saying that they are going to keep coming. they are going to keep watching on tv. eric? eric: thank you very much. arthel: another big story of the day, the republican effort to repeal and replace obama care could be on shaky ground. g.o.p. lawmakers are trying to win over at least two potential

holdouts, senators susan collins and lisa murkowski and the bill faces an even steeper climb with senator ted cruz saying that he opposes the bill at least for now. all of this after senator john mccain said he cannot vote for it. ellison barber has more now from washington. ellison? >> possible blows to the graham cassidy healthcare bill coming from senator ted cruz in texas and maine's susan collins. collins a key senator in all of this, and the white house has spent a lot of time trying to convince her to support the graham cassidy bill. today she said she is most likely not going to support it. >> it is very difficult for me to envision a scenario where i would end up voting for this bill. >> republicans lose three of their own senators, the bill fails. >> we need to make sure the last

couple of republicans, those republicans are mccain, murkowski, collins and rand paul, that's our path to victory. >> cruz added his name to that list of people needing convincing in a speech in texas. >> so look right now they don't have my vote and i don't think they have mike lee's either. >> word on how alaska's murkowski will vote. senator mccain says he won't vote for this legislation. senator paul has said the same. white house legislative director mark short told fox news sunday there won't be major changes. >> i don't think there's significant changes, chris. we have been continuing to talk to various senators, not just collins, murkowski on ways to refine the formula. what we're doing as you know is we're taking dollars out of washington, d.c. and sending it to the states. >> deadline for this september 30th. right now republicans only need 50 yes votes a simple majority to pass this legislation. come october, they need 60. arthel?

arthel: ellison barber, thank you. eric? eric: meanwhile, puerto rico, it is still recovering from the horrible damage caused by hurricane maria. officials there are now keeping a very close eye on a failing dam that's near san juan, they say it is threatening to collapse from flooding. and thousands of people downstream from that dam have been ordered to evacuate. and still after days later, the entire island remains without power. garrett tenney is live in old san juan, puerto rico, with more, but at least according to reports, it is pretty orderly, kind of calm, and people are doing the very best they can with resolve and resistance. hi, garrett. >> eric, that area in western puerto rico has received more rain today, and this past hour the national weather service extended a flash flood warning for that area, until 8:15 tonight. now, 8,000 people have already been evacuated downstream from the dam, and that area is still

a concern for officials. they say it could still break at any moment. but earlier today, there were still folks that were returning to their homes in that area, simply because water there on the reservoir had dropped down, and they said they wanted to get home despite the threat that remains. the greatest needs across the island remain food, water, and fuel. throughout the day, volunteer organizations, such as the international red cross and others have been slowly arriving here on the island with supplies, along with fema, which has already brought thousands of gallons of water and meals here for the folks, and this is going to be an ongoing process over the next days and weeks. now, the governor today, he said they still don't know the full extent of the damage in puerto rico simply because as you mentioned the communications are down, across the entire country. so a lot of these small towns across the country on the far

west, far east, far south, some of the hardest-hit parts of the storm, they haven't heard from those areas on what the full extent of the damage is, because a lot of the leaders there haven't been able to get out and see it for themselves. fema is trying to help with that. they are getting satellite phones to the local leaders in every town across the country -- rather across the territory, and they are trying to get that communication up and going, but they've said it could be as long as six months before the power grid is up and running. we know at&t has been sending some crews down to puerto rico from jacksonville florida to help begin the process of getting the cell towers up and running again. that's been one of the greatest struggles for folks here is not being able to communicate with their loved ones back home and those that are back in the states as well just to let them know i'm here, i'm doing okay. we are all right. and we've seen that. folks driving as far as 40, 50 miles searching for a cell phone

signal just to get that message back home. as soon as they see the signal bar show up on their phone, they will stop anywhere along the highway. long stretches will have long lines of cars because that is the only place that the cell phone signal has been. folks will stop there to make that phone call just to let them know, a very long road for recovery ahead here in puerto rico. eric: it is so crucial to reach your loved ones like that and beyond belief that it is going to take so long for that island to recover, but it will. garrett, thank you very much. arthel: from puerto rico to mexico, where the search is on for more survivors in mexico city. almost a week after an earthquake rumbled through the central part of that country. why rescuers there are not giving up hope. plus, the u.s. military taking some bold action to show north korea its strength. those stories coming up. patrick woke up with back pain.

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arthel: a fox news alert. we now have a picture of the suspect in that deadly church shooting outside nashville tennessee today. here it is, this is 25-year-old emmanuel sampson. he is hospitalized, along with six other people including one 60-year-old man who is in critical condition. and at least one person, a

woman, was killed in the shooting. officers say sampson first opened fire in the parking lot on a woman walking out of the church service. in fact, you can see his suv there it is the dark blue one, with the doors open there in that picture. police say sampson then entered the church and fired off several rounds. the suspect himself was reportedly wounded during a confrontation with the church's usher, 22-year-old robert ingle. mr. ingle is one of those recovering in an area hospital. police calling ingle, quote, the hero, and we will of course keep you updated on this story as we get more details. eric: it's been five days since the 7.1 earthquake rocked mexico city. rescue crews tonight are still desperately searching for survivors, even as more quakes have shaken that region. and right now they are past the 96 hour estimate time for

survival, but it hasn't stopped them from having hope. jonathan hunt live tonight for us in mexico city. hi, jonathan. >> hey, eric, this is the last remaining official search and rescue operation. this search of a collapsed office building in downtown mexico city's neighborhood. take a look at the rescue workers who are up there, dozens of them, as you can plainly see. and the painstaking nature of the work they are doing, eric. as i say, that is six stories pancaked down on to each other, and because of the chance, however remote, that there might still be somebody alive in that rubble, they are not using any heavy machinery. they are moving each piece of rubble essentially by hand. it is a long task. it is a difficult task. it is a dangerous task. just a couple of hours ago, all those rescue workers you see there suddenly moved off of that

pile of rubble, apparently it had been shifting dangerously beneath them, and because of the danger of any of them, losing their lives, they moved away until they could be sure it was safe to come back on again. and then as you come back down here, you can see right in front of me, a kind of tent city, these tents have all been set up for the families of those who are still missing. it is a desperately heart breaking scene, as you watch these, as we have done all day, eric, people who periodically just break down in tears, not because they got any news, but precisely because they still don't have any news about their missing loved ones. they are determined to stay here until they do get that news, and those rescue workers on top of that pile of rubble are determined to stay here. they are not giving up yet. eric, everyone hopes of course that there may yet be a miraculous discovery of somebody still alive beneath the rubble.

one veteran, u.s. rescue worker, talked to me about that, and he said, yes, that 96 hours mark is what we often look at, but i was in haiti, he said back in 2010, and we found people alive between 7 and 9 days after that earthquake hit. so there is still a tiny sliver of hope tonight. eric? eric: you can always pray for miracles, and certainly admire the determination and resilience of those rescue teams who are not giving up. jonathan hunt, thank you, in mexico city. arthel? arthel: now to the tensions continuing to escalate with north korea with tough talk from both sides, and as a show of force, the pentagon sending a squad of eight u.s. fighters and bombers to the farthest point north of the demilitarized zone, by any such american aircraft this century. they flew in international waters to the east of north korea. this coming after north korea's

foreign minister delivered a fiery speech at the united nations yesterday, harshly slamming president trump as mentally deranged and saying mr. trump's tough talk on north korea is making a strike against the u.s. mainland, he said, quote, inevitable. president trump taking to twitter basically warning the north that it will cease to exist if it attacks the u.s. colorado republican senator corey gardener, a member of the foreign relations committee, also weighing in on the growing showdown. >> our number one goal with north korea as it relates to north korea must and always will be peaceful denuclearization of the north korean regime. we will stand to protect our great allies south korea, japan, protect the u.s. homeland but we have a lot of work to do on the diplomatic and economic side before we think of any other options. arthel: joining me now is the director of defense studies at the center for national interests. may i call you harold?

>> sure, absolutely. arthel: how do you assess this war of words between president trump versus kim jong-un and will it cause jong-un to stand down or does it close the window of opportunity for diplomatic solutions? >> i don't think kim jong-un is going to stand down at all, to be honest with you. the challenge here is very simple. the north koreans are in a little bit of a bind. they want to develop a nuclear capability and a missile capability to be able to sit the united states homeland with atomic weapons. to do that, they have to test those weapons. with the war of words between president trump and kim jong-un, i think kim jong-un is going to realize that he needs to test probably the ultimate weapon which is an intercontinental ballistic missile. i think within the next 24 hours starting right now up until maybe 72 hours, they will fire one of these icbm. tough to know where it is going. talk about maybe the south pacific, maybe off the coast of california, that is possible,

but i think that's where it goes next. >> does it bother you? >> it frightens me, to be honest with you. my big fear is that the north koreans would actually put a nuclear war head on an end of that missile and do an atmospheric test. in that situation, i don't think there's any way they would do it off the coast of california, but if they wanted to test the full range of their icbm, the south pacific is actually perfect. that's about 10,000 kilometers from north korea, in a somewhat isolated area, there are islands there, that has decently large populations, about 20,000 people but it would still put nuclear and radioactive in the atmosphere and that's horrific and there's something nobody should do anymore. arthel: chancellor merkel re-elected as the leader of germany. does this verbal volley between president trump and pyongyang position merkel more of a prominent leader on the world stage? >> i mean i think to a certain extent. i think merkel's number one concerns are for what's

happening in the european union with the migrant issues, migrants coming in from syria, challenges with islamic terrorism, so i think merkel's number one sort of geopolitical focal point is going to be what's happening with that. i have a feeling it will be the united states, japan and south korea that are really going to be leading the charge when it comes to north korea. >> i understand that, just wondering in terms of just optics if she seems to be more measured only in this particular part where the president is getting in the gutter in a way in this twitter war with kim jong-un but let's move on because the white house is imposing more sanctions on foreign banks and businesses that are conducting trade with north korea, as you know, harold, china is limiting oil exports to north korea, cutting back on imports from north korea. you know, such moves can choke kim jong-un's budget but he's still doing business with russia, but might these stepped

up measures by china finally squeeze kim jong-un enough to make him stop it with the nuclear tests and building of nukes or does this sort of make him react like a cat with its back against the wall? >> well, i think in the short-term i think the north koreans are going to still have the capability to test missiles to potentially test nuclear weapons. the sanctions aren't going to stop that in the short-term. in the medium to long-term, though, the chinese are the key in this whole thing. the chinese have supported now nine different united nations security council resolutions over a decade. the challenge here, they have never enforced any of them. so while i see that the actions by the chinese, i'm very hopeful that this will be the time they will actually -- they will actually enforce the sanctions. if we know one thing here, the great weakness of the north koreans is their economy. it is only worth 14 billion dollars. they are this tiny tiny economy that's trying to build nuclear weapons. we can close that economy down. we will have great leverage, and they won't be able to build out their nuclear weapons program

anymore. that's what we need to focus on. arthel: harold, i have to leave it there. thank you very much. >> thanks for having me. eric: nfl players, some did take to their knee today, when the national anthem was played, that of course in defiance of the president saying they should be fired for these protests. president trump also saying fans should boycott games if the players are not booted. so what do the fans think? we will have their views and what could happen next, straight ahead.

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we are in east rutherford, new jersey where the jets beat the miami dolphins, and i understand you have new information, new word from the president. right, brian? >> yeah, arthel, we will get right to the president's words, but first, you know, we have been speaking to folks here right outside of met life's stadium where the jets did beat the dolphins here in new jersey. for the most part, most people don't agree with the protest, they would rather not see people kneel during the national anthem. when it comes to whether or not they are willing to boycott this sport that they love so much, yeah, we didn't find any of that. take a listen. >> i don't believe it's a good thing. i believe some of us here, actually a few of us here were in the military, and i don't think it's the right place. >> i'm not going to boycott the nfl at all. >> what are your thoughts? why? >> why? because i understand people have the right to protest. right? but you protest against a

specific action. if you are going to protest for black lives matters, right -- if you are going to protest specifically, but don't do it at a sport event, i think it is a wrong venue. >> i would never boycott the nfl, because i love football, but i think the president should have interjected -- >> i think that our young men and women fought for us to have the right to either stand up or take that knee. it's just, you know, what we believe in. if it's a way for us to get the message across in terms of what they are fighting for, why not. you know, you just have to support them no matter what. >> can't we just have our sundays for football? >> exactly. i'm trying to enjoy sunday with my wife. we are die-hard jet fans and talking about politics now, it is too much. >> just ten minutes ago, donald

trump, the president tweeting again, on the subject, saying, quote, sports fans should never condone players that don't stand proud for the national anthem or their country, nfl should change policy. i can tell you, arthel, post the game here, the number one topic is not whether or not people should stand or kneel, it is whether or not their team won, and luckily here, for the jets, they won, so people were happy for the most part. giants did not do so well. a mixed bag on that front. arthel: okay, brian, thank you. eric? eric: well, at least the jets won. for more on this, sportscaster fox news contributor jim gray joining us now. jim, how damaging do you think this is to the game? >> well, it's just damaging to the national fabric and the frame of it. now we have people who have to make a decision. mike tomlin the head coach of the steelers said he didn't put his team out for the national anthem because he didn't want to make his guys decide which side to go on. a great quarterback in the nfl

said today it is time to pick sides. well, where will our common experiences be? where will we share the common good of society the we can't share it at sports anymore -- if we can't share it at sports anymore? when you look back on social change, back in the 68 olympics, and ali's career, but never have we seen a league, an institution galvanized like the nfl players and owners did today, virtually in unison the way they turned out in their support of giving these players the right to do this. eric: you mentioned their support. we saw about 100 players or so who were kneeling, but you just mentioned the steelers, the coach told them to stay in the locker room. didn't want to be a part of this because politics is not a part of the sports. but one member of the steelers, offensive tackle, you see him there, he was the lone member who stood by the tunnel with his hand over his heart. he went to west point. he's an army ranger. he won the bronze star. he was in afghanistan three

times. he helped save lives of his fellow servicemen when he was under fire. and in that some ways some would say he's giving the opposite message, you know, how widespread do you think that is in the whole, is he in the minority? >> he's been in the minority at least today. wolf spoke out for the denver broncos basically in support of what president trump has said. you know, players are fighting for social justice. they are using their platform and their voice. so what they feel is a fight for social justice, a lot of the average people in this country, a lot of the people who are fans feel it is disrespectful to the country and to the flag. that's the gap, about 70% of the people going into today, eric, there hadn't been a poll taken because of these recent events, were against the players kneeling. that's the divide. eric: the president when he arrived back in washington said he's not calling for a boycott, not. a little different maybe than

what he had said before. but he also said the players had rights. he did concede that, but he said basically when you are on the field, he says he wants them to respect the country. they should respect the flag, he said. he also had some comments about bob kraft, his friend. kraft owner of the patriots a big donor to president trump, they are there at the white house with the super bowl trophies, let me read you kraft's statement and then we will show you what the president said today about him. mr. kraft about all this said quote i'm deeply disappointed by the tone of the comments made by the president. i think our political leaders should learn a lot from the lesson of teamwork and the importance of work together towards a common goal. our players are intelligent, thoughtful and care deeply about their community and support their right to peacefully effect social change and raise awareness in a manner that they feel is most impactful. here's the president before he left new jersey heading back to the white house talking about his friend bob kraft. >> look, he's got to take his -- he has to take his ideas and go with what he wants.

i think it is very disrespectful to our country. i think it is very very disrespectful to our flag. eric: you know, what does bob kraft and the other owners do tomorrow when they have to face this next sunday? >> well, 20 owners came out in support of unison and not the divisive nature of what they felt the president's comments were. we now have players who are tweeting and commenting on the president of the united states, something i have never seen in our life before. mccoy of the buffalo bills talked about it. we have never seen anything like this. sports is a mirror into the soul of our society. it reflects the mood of the country. i mean look back at what the 80 miracle team on ice did back in lake placid when they beat the soviets. look back at the 72 olympic game of basketball when we lost to the soviets after the referees cheated. this is the soul of america. we unite around sports. this isn't good for anybody. i mean, to those military

veterans and to the people who have defended the flag, they are very offended and rightfully so. but to those who have this podium and want to see social change, they feel this is the platform that they should be able to use, and they have that right, so they are doing it. eric: we look back to the history of sports, jackie robinson, and everything else, jim gray, thank you for your insight. we always deeply appreciate it. >> thank you, eric. arthel: and eric and jim, president trump expected to announce new restrictions on his travel ban at any time now. will they pass muster in the courts? our legal panel with a closer look up next.

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arthel: president trump is expected to announce new restrictions on his travel ban any time now as the current ban on foreign nationals from six muslim majority countries expires today, that's 90 days after it took effect.

officials haven't said which or how many countries will be affected by the new restrictions which could take effect again as soon as tonight, and when we get the details, we will bring it to you on fox news. meanwhile, we will talk about what we do know. let's bring in our legal panel to discuss it, a fox news legal analyst and also joining us is a trial attorney and specialist in criminal defense law. very good panel. mercedes, let's start with you. will this latest version be more legally acceptable? also where are the potential road blocks? >> well, it seems clear that it's already been established that the president has significant power when it comes to ensuring that this country is safe by excluding certain from coming into the country. we have immigration laws that establish that clearly. where some of the road blocks would be certainly with this whole notion that this is a muslim ban, but when you think about the countries that are not

on this list, we have afghanistan that's 99% muslim with 29 million muslims. we have bangladesh that's 98% muslim with 149 muslims there's so many countries not on that list. what the executive branch has to do is look at other countries that perhaps don't have a muslim majority but yet pose a threat to the united states and put them on that list. that way it can eliminate what's really been couched as a muslim ban, but rather this is a ban that the president has the power to enforce, he has the immigration laws behind him and certainly wants to keep america safe. arthel: how do you see it, rachel? >> well, i think initially it was very clear that it was a muslim ban, and he himself had come out and said that it was a muslim ban. and then he had a very steep learning curve on what checks and balances are in this country. and so the courts stepped in. lawyers stepped in. the aclu stepped in and said no, mr. president, you are not allowed to violate people's bill

of rights protections and couch it in protecting the country because if you are violating the bill of rights protections, you are breaking the law. so at this point i think they has learned -- i think he has learned a lot. there's been a lot of preparation in preparing new orders, when this order expires. i think with all the guidance he's receiving, he's going to be able to avoid some of those pitfalls if he wants to do so. i think that really the grand scheme here is to protect america. and it seems as though that in this present time that seems to be coming down. again there's not a lot we don't know. it appears there are nine countries that may be on the list, one of which is not a muslim majority country so of course legally it will be a lot harder to make an argument that he's targeting people that's violating of constitutional protections. also he won't be going after present visa holders in this particular one. it will be for applicants. if those applicants aren't able

to show a bona fide tie to the united states, there will be a strong argument to prevent them from traveling here. i think he will be a lot smarter this time around. he's getting a lot more guidance this time around and hopefully won't wind up with the same problems we had last time around. arthel: how does this affect the existing litigation over the first and second versions of the president's travel ban? >> so much could be mooted out. it depends on what this new one is going to do. it could be mooted out completely and the courts won't have anything to really discuss. the whole issue is whether this is a muslim ban, therefore discriminatory. that's the essence of it. if what the executive branch can show is there's a legitimate reasons for the exclusion of these countries, these are countries that don't abide by the extreme vetting that's necessary to keep america safe. if you have the fact that some of these individuals that are trying to seek entry into the united states have terrorist background, have a criminal background, have some type -- don't have bona fide ties to

those in the united states, those are all things that will be considered. frankly when you bundle it all together, and show the court that you have a legitimate basis for what you are doing, at the executive branch, and you have the laws to underline it all, then certainly they could moot it out in court. arthel: we will find out soon once the president releases the details of his new version of that travel ban. i have to leave it there. rachel, mercedes, thanks to both of you. >> thank you. >> thanks for having me. nice to see you guys. >> same here. eric: a battle splitting the republican party in alabama is playing out, puts judge roy moore against senator luther strange. we will have a live report on this tightly contested run off, as it goes down to the wire.

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>> the republican run off election in alabama now just two days away. judge roy moore and senator luther strange are facing off for the g.o.p. nomination to fill the seat left empty by attorney general jeff sessions. it is becoming a test of president trump's political clout with his endorsement of senator strange while some of his former aides are backing judge moore. peter doocy is live in birmingham tonight with much more. hi, peter. >> eric, we spent some time with

senator strange this afternoon, and he told us that because it was at his campaign event where president trump condemned kneeling nfl players, he thinks that his chances in tuesday's runoff have increased. >> do you think that him making that point at your event helps you? does it move the needle in your direction ahead of the runoff? >> i think so. our supporters are deeply patriotic. they respect the values that the president represents and what he stood for at that rally and i think that's going to make all the difference. >> but strange has trailed in recent polls to his challenger judge roy moore who counts steve bannon and sarah palin as surrogates and whose backers here say voters should ignore president trump's endorsement of senator strange. last night moore appeared and laid out his case as the anti-establishment candidate. >> waiting to see if the people

of alabama will give up their vote to an establishment in washington who does not want to move this country forward, does not want to make progress, does not want to stop illegal aliens, does not want to stop socialized medicine and wants to keep things just like it is so people can washington can hold on to their power, their prestige, and their position. >> so president trump has endorsed strange, but says he will come down and campaign for moore if strange loses. and i asked senator strange if that bothers him, and he said no, he thinks that president trump was just expressing his position as a republican. eric? eric: all right, we will see in over 48 hours from now. thank you. arthel: we will tell you about a sweet surprise courtesy of a u.s. servicemember who gives a homecoming game a new meaning for one team. the details coming up. wise man, i'm nervous about things i can't control...

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"grandma! grandpa!" ♪ thanks mom. here we are. look, right up to here. principal. we can help you plan for that. welcome back to the five at five, only on the fox news channel. eric: there is a very special home coming surprise for girl in kansas. morgan porter had just made her high school dance team when this happened. >> i cannot think of a better way.

[inaudible] arthel: sergeant porter is just back from a year of service at guantanamo bay and surprised his daughter. 100 military officers were sent home recently. that's all for tonight. thanks for joining us. >> president trump doubling down after a new wave of nfl protest, criticizing players who refused to stand for the national anthem. i'm rick leventhal. this is the fox report. more than 130 players and counting, sitting, kneeling or raising their fist during the star-spangled banner. one team, the pittsburgh steelers stayed in there locker room. some locked arms in solidarity but some team owners were joining them. many are condemning the