twitter page an article regarding soldiers who lost their lives and families today. that wraps it up for us today at the 4:00 am hour. i will see you tomorrow, "fox and friends" first continues, have a great day. rob: it is october 17th, donald trump doubling down on his discussed for the anthem protest saying one anyone who takes a knee is un-american is hillary clinton says she feels differently. >> mended fences in the rose garden after recent tension, are republicans willing to work together to accomplish the president's agenda? rob: working to end the opioid epidemic, major announcement expected from the justice department today, "fox and friends" first continues right now. ♪

jillian: hope you're having a good start to your day watching "fox and friends" first this tuesday. rob: it is 5:00 on the east coast. our top story, national anthem protest front and center as the nfl kicks off its annual fall meeting. jillian: colin kaepernick files a grievance accusing owners of collusion and donald trump is the reason he is out of a job. >> reporter: fans forced to endure another national anthem protest during monday night football, titans wide receiver reshot matthews making headlines by refusing to be on the field during the anthem for the third game this season. nfl owners and players meeting

at league headquarters in new york to discuss the protests at the annual fall meeting. former 49ers quarterback colin kaepernick targeting all 32 nfl owners claiming they are conspiring to keep him out of work. whether he actually has a case is up in the air. >> nfl owners don't want to pick him up because they don't want to get a nasty tweet from donald trump. do you believe that? >> reporter: colin kaepernick has taken a met donald trump arguing his sweets calling for players who neil to be fired heard his case. trump addressed colin kaepernick directly at a rally in kentucky in march. >> he can't win his case because under the collective-bargaining agreement under which he file in a grievance he has to prove a conspiracy among team owners to prevent him from playing. simply showing he is a qualified player is not enough

to prove conspiracy and collusion. >> reporter: colin kaepernick's lawyer striking back saying athletes should not be denied employment based on partisan political provocation by the executive branch of our government. colin kaepernick is not on the guest list at today's nfl meeting at no report any nfl team has any interest in signing him. >> he is certainly going to be the center of conversation at that meeting. colin kaepernick will be talking about it. jillian: he worked out with other teams, had conversations with other teams but no one is interested. rob: a tough guy to want to sign. we see how the president feels, he has been very vocal about how he feels. 's former opponent did last year at the election, hillary clinton, someone who is making

an identity off of going the other direction of the president and harping on that has a very different take on this, listen to her. >> you have to resist what are very clear dog whistles, that is what the black athletes kneeling was about. that was not against our anthem or our flag. that was kneeling is a reverent position. it was to demonstrate in a peaceful way against racism and injustice in our criminal system. jillian: when i heard the sound bite i thought is she just saying this to go against what donald trump said? i don't understand. rob: you never know how politicians really feel about anything but her identity now is going to be anti-trump, opposition, that is keeping her well at this time. jillian: the question is what

is this about? colin kaepernick started this last season saying it was about social injustice but if you ask former nfl player burgess owens he says it has nothing to do with injustice that has harsh words. >> we need solutions. when we can do is identify the problem. we have a problem, a white marxist organization that industry aided kids for the last 15 years with antiwhite, anti-flag, anti-american, flooding into the community, black entertainment television, black people, white people with a black façade, black employees with a message of anti-american so not only kids -- going to believe what they were taught to believe so we are up against a very evil ideology. rob: a polarizing topic to talk about, one of those things. this continues every week in

the nfl. jillian: tweet us, send a message on facebook, email, whatever. we will be checking in on that throughout the morning but let's get other news, the search for a man after an oil rig exploded off the louisiana coast is over. timothy did not make it to shore after the blast and the coast guard has suspended its search. the flames may have sparked after cleaning chemicals ignited but the cause is under investigation. rob: the mandalay bay security guard shot during the las vegas massacre mysteriously vanished. a union president claiming jesus campos has not been seen, went to a health clinic last week just before he was scheduled to be interviewed but healthcare officials in las vegas deny they ever treated him. it is very is our. he was shot minutes before 58 festivalgoers were killed after

trying to confront the shooter on the 32nd floor and now nobody can find him. bad news for democratic senator robert menendez who is on trial for corruption. lawyers will begin their defense after a judge refused to dismiss any of his bribery charges despite a supreme court ruling narrowly defined them and allowed others to get away with it. man and does accused of accepting free flights on a private jet and other guests in exchange for political favors. of convicted men and as faces 45 years in prison. jillian: the justice department will make a big announcement in the fight against the opioid epidemic as donald trump says he will declare a national emergency next week. >> he is so committed to this issue he will make sure he has all the right players in place to combat a national epidemic, the president promised to declare national health

emergency, he said he's putting his full force and effect behind this. jillian: opioid overdoses killed 64,000 americans last year. rob: hillary clinton explain what happened after she was seen -- a broken toe derailed her book tour in the uk after she said she fell down the stairs while she was wearing heels, forced to cancel several interviews, leaving fans hanging but her health was a concern in a 2016 election. remember what happened when she somewhat collapsed during the 9/11 memorial service and had to be carried off. jillian: the new york yankees climbing back to their american league championship series with a huge win over the astros. >> this polygon. >> aaron judge hitting a 3 run

homer leading the yankees to an 8-1 win, houston needs the best of 7 series 2 games to one, game for us tonight at yankee stadium. rob: i can't watch any of this, the absolute worst. i have to wait for the weekend game. aaron judge is back. 9 minutes after the hour. he deserted his unit and put fellow soldiers in danger but says he is not a traitor. >> it is insulting they think i did that. rob: our next guest, navy jagr officer says he has been lying for months. could the truth finally come out in court? jillian: dana lash and her children targeted by gun-control advocates but she is not backing down. >> all of this has underscored why i carry, makes me so grateful i can protect myself.

rob: pc police making sure everyone has a trigger free halloween. don't even of wearing costumes like this, new pc rules coming up next. ♪ ltiple quote options online and choose what's right for you. woah. flo and jamie here to see hqx. flo and jamie request entry. slovakia. triceratops. tapioca. racquetball. staccato. me llamo jamie. pumpernickel. pudding. employee: hey, guys! home quote explorer. it's home insurance made easy. password was "hey guys." it's home insurance made easy. bp engineered a fleet of 32 brand new ships with advanced technology, so we can make sure oil and gas get where they need to go safely. because safety is never being satisfied.

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>> this book one for the national rifle association breaking her silence after death threats from gun-control advocates worchester to pack up and move her entire family. dana lash detailing disturbing threats on twitter writing, quote, one guy hunted down my private cell phone number, called and threatened to shoot me in my front yard. threats even targeted her kids and only emphasized the need to

carry. >> my advocacy for second amendment rights is designed to put a firearm in the hands of someone else. i just want people to have that choice. this is underscored why i carry. makes me grateful i can protect myself. jillian: chelsea clinton weighing and calling the threats unacceptable. rob: a state of emergency and of a scheduled speech and the university of florida by white nationalist leader richard spencer. governor rick scott making the call in alachua county prepping for the speech set for thursday. spencer took part in the charlottesville virginia rally which ended do with the death of a young woman. jillian: bowe bergdahl admitting he is a deserter, pleading guilty to walking off his base before being captured by the taliban and. what punishment could he face for his crime? rob: former navy jagr officer, thanks for coming on this morning. we will jump right in here.

he could potentially see life in prison. do you think he gets that? he spent 5 years in captivity already. >> he did and i don't think he gets anything close to that though it is legally possible. jillian: people are having a hard time, someone who for years has been saying this isn't true, i haven't done this, not quoting here but now he is pleading guilty. how is he going to handle this in court? >> yesterday he had his plea. in the military system you have to personally convinced the military judge that you are in fact guilty of what you are pleading to. if in fact he had his pleas to desertion accepted by the judge, he had to admit that when he left he had the intent to stay away permanently, to never turn back. that is certainly at odds with what he has been saying for

months. rob: there is a disparity between the way some people view this case. the president and a lot of members of the military saying we should have left him, never trade for a traitor and all these things and the former administration got him back and traded five of our worst for him. how is there such a disparity in how people view this story? >> it is a great question. you can say that about a lot of issues that are swirling in our country today right now. everybody has different views on lots of things. this particular case, again, if you believe what apparently has been brought to light, when he left, he intended to desert. was he a traitor? did he intend to join the taliban? we speculated about that but i have seen no evidence of that.

jillian: how much time do you think he will get? do you think he will receive a dishonorable discharge and losing things like benefits? >> i think either a dishonorable discharge or less likely a bad conduct discharge, that is in the cards for him. confinement is the big issue. starting on monday when he has a sentencing hearing it is the government's job to show why the fed should be a high sentence and the defense's job to show why it should be a lower sentence but the fact that he spent five years in torturous captivity is certainly extenuating and mitigation of his offense. jillian: do you think he gets life? >> i don't he gets life. rob: it will happen pretty fast, just one guy deciding, thanks very much. jillian: 17 minutes after the error, hillary clinton taking her blame game to a new level

comparing the alleged russian meddling to america's greatest tragedy. >> we have had really well respected security, intelligence, this was a kind of cyber 9/11 in the sense that it was a direct attack. jillian: media not letting her get away with that one, carly shimkus here next with your comments. ♪ when it's time to move to underwear

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with the social media firestorm. >> reporter: her comment has enraged a lot of people. on sunday hillary clinton once again spoke about the russia investigation but this time she took her complaints to a whole new level by comparing it to the 9/11 terror attack. speaking to a crowd in london she said we have well respected security intelligence veterans saying this was a cyber 911 in the sense that it was a direct attack on our institutions. we know that they probed into systems. that comment by hillary clinton sparked a firestorm of criticism on social media. last i heard nobody died in the russian election hacking. this proves how loony hillary is. stacy says on 9/11 nearly 3000 americans died, 6000 were wounded as opposed to hillary's dream of becoming a president having died. that is very similar.

don responded saying to this horrible woman 3000's can't compare to her losing the presidential election. i'm sure she didn't think of it that way but when you start to politicize 9/11 you open yourself up to criticism. rob: moving along to more outrage, the coach of the san antonio spurs. jillian: will politics be a part of basketball season? it appears so because san antonio spurs coach craig popovich ripped into the president during a recent interview. this man in the oval office, the soulless coward who thinks he can only become large by belittling others, this has been a common practice of his but to do this in this manner and lie about how previous presidents responded to the death of soldiers is as low as it gets. we have a pathological liar in the white house, unfit intellectually. he is referring to the

president's suggest in the past presidents didn't call the families of fallen soldiers but a lot of people say they don't want to sportspeople to talk politics. sherry says why do you insist on mixing politics with sports? it is not working out great in the nfl. greg popovich called trump soulless, tell me again why i should care about political opinions from people whose lives revolve around a ball. jillian: let sports be sports, that is what people are missing right now. >> we are right in the middle of football season, that big meeting coming up today. jillian: is delta in hot water? >> delta airlines passenger was told not to sing the national anthem on a flight carrying a fallen soldier. pamela godfrey says a flight attendant told her and other passengers not to sing the song because it might make foreign

passengers on board feel uncomfortable. here is reaction to that. >> i didn't know what would happen to me if i started to sing but i am humiliated by my lack of courage to sing the national anthem in my own country on american soil. jillian: delta airlines apologized and told her the flight intendant had been misinformed. a lot of people reacting to this. debbie said stop berating your self over something delta should be ashamed of. it took courage for you to make that video. carla said thank you for your effort to support our military, shame on delta airlines. her message is getting out there. rob: i am uncomfortable when the italians cheer when the

plane lands. all right, 25 minutes after the error donald trump making sure america knows the mission of all republicans remains the same. >> the relationship is very good, we are fighting for the same thing. >> we have the same agenda. this is how professional politicians behave, republicans in the right direction. jillian: will this united front move the needle on capitol hill? live in washington next. mom's got this cold

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donald trump and mitch mcconnell attempting to put their past behind them. declaring they are closer than ever. jillian: what does this mean for the president's agenda? griff jenkins has more. >> reporter: don't know what was in that lunch but after months donald trump and mitch mcconnell emerged together, an impromptu press conference in the rose garden lasted 40 minutes, the president declaring the relationship is closer than ever before and they have the same agenda. at the top of that agenda tax reform. >> we have a very good chance of getting the taxes done. >> the top priority is tax reduction. we are together totally on this agenda to move america forward. the goal is to get it done this calendar year. >> reporter: the president

address chief strategist steve bannon's declaration of open war on the republican establishment specifically mitch mcconnell and threatening primary challenge to anyone who support the minority leader but mcconnell pushed back against bannon's efforts. >> the goal here is to win elections in november and the way you do that is not complicated, nominee people who can win because winners make policy and losers go home. >> reporter: he said obamacare is dead and predicted the move to cut federal subsidies is leading to a bipartisan solution with a short-term fix coming soon on the heels of weekend talks with republican senator lamar alexander who chairs the senate health committee and working on a measure of democrats in exchange for republican priorities. it begins a few weeks away on november 1st. jillian: if you find out what was in that lunch let us know

right away. rob: the president liked -- a nice long press conference. rob: the so-called infighting in the republican party. jillian: fox news senior political analyst britt hume says it is just politics. rob: this is how donald trump is going to accomplish his major agenda items. >> this is how professional politicians behave. whatever personal peak they may have or animosity they may feel, when there is a common political cause to be served they said that aside and the president at least for this moment has done that with regard to mitch mcconnell and mcconnell is circumspect in what he said about the president. it is a step for republicans in the right direction. rob: after years of anti-police chants by protesters shocking numbers show the war on police

is intensifying. [chanting] >> dead cops! rob: 118 officers have been killed in the line of duty in 2016 alone. 62 of those officers were shot and killed, 57,000 were attacked while on the job last year, 30% of them were injured, 50,000 officers in 2015, 1 million police officers in this country, something else. jillian: a truck driver carrying out it smuggling operation, james bradley junior pleaded guilty to federal charges. in july police were alerted to this tractor-trailer packed with 39 illegals in a san antonio walmart parking lot, eight people found dead in sweltering heat reaching more than 100 °, two other died at

the hospital, he will be sentenced in january. rob: harvey weinstein and his brother up against each other at a company board meeting, he will be on speakerphone because he is at sex rehab in arizona. members are expected to try to kick harvey off the board over the laundry list of sexual assault allegations that keeps on growing day by day. tm the reporting he thinks time will heal all saying writers and actors will once to work with him again down the road, very optimistic. he will make his case, tm the reporting the board plans on disconnecting the phone immediately after they fire him. jillian: you don't have to be a millionaire athlete to make a statement about the national anthem. this photo three roofers pausing to pay respect is gone viral, two men standing side-by-side, hands over their hearts while the anthem played at their job site. neighbors had no idea the community noticed and want to

publicly thank those workers. rob: 34 minutes after the era, janice dean, don't know if you will get into it at all, it was a tropical storm, hitting the uk. >> it is a rarity. they had wind gusts of 80, 90 mph, that was ophelia, pretty interesting topic of discussion. we don't have anything else out there to talk about that is going to affect the us. a lot of cooler weather in the northeast which a lot of people are seeing and feeling, 18 ° difference from this time yesterday with temperatures in the 40s, freeze advisories in the northeast, 20 ° difference in raleigh, atlanta, 13 ° cooler than yesterday. behind the front warmer than average teyork, we haven't fel cooler air in a while, 46 in raleigh, 50 in chicago, beautiful day across the

central us and another piece of good news, some rain for northern california, the frontal boundary will bring showery weather across florida, pretty good-looking forecast for most, the northwest here, we will start to see the train of storms hitting into that stormy pattern and a lot of rain in the northwest but the good news is some of that rain will get into northern california, devastating wildfires, we won't see that rainfall in southern california and a lot of the snowpack in parts of the rockies. your forecasted a gorgeous weather across the central us, cooler refreshing weather across the northeast, rainy over the south including florida and we will see the pattern change across northwest getting some of that rain into northern california, some good news this morning especially if you like the cooler weather across the northeast. jillian: i woke up to the lovely smell of blacktop because they were paving the

road below me. it is 36 minutes after the hour. panic at 30,000 feet. a plane packed with people nosedived. wait until you see what happens next. rob: a texas police chief speaking out after a fast food restaurant reserved -- reviews to serve his officers. anybody disrespecting our police officers. jillian: tide of the office? go out on a limb. a treehouse for its employees. ♪ ♪ they fill you with fear ♪

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rob: look at that, pretty cool. 40 minutes after the era. california the first state to legalize a third gender. the non-binary gender law in the process of changing the gender option on birth certificates, id cars and drivers licenses. it will require a doctor same with legal paperwork to make the change and makes it easier for people to acquire, that law will go into effect in 2019. jillian: the pc police on patrol this halloween at universities nationwide, colleges morning students costumes might be offensive, some of those considered acceptable include dressing up as native americans, wearing a sombrero and anything related to japanese attire. universities offering workshops including princeton explaining why culture is not a costume. rob: microsoft trying to take

their employees to new heights. jillian: building a treehouse for workers at washington state headquarters. rob: it is 13,000 feet above ground, handcarved double doors that slide open with the swipe of a id card. jillian: the house intended to help employees benefit from nature. that is nice, fresh air and quiet time. we should get one here. jillian: one of those moments we have to think of something to say because we have nothing to go to. we will go to a commercial break. you've got to get in there, like...

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rob: brian his life at the white house with and mick mullaney and so much more. it was four months ago house majority whip steve scalise nearly lost his life at a shooting a congressional baseball practice. he will join us live this morning. there he is, very emotional, a busy three hours. 14 minutes from now on the channel you trust for morning news. jillian: amazing as always. so incredible. passengers horrified as their plane nosedived 24,000 feet in nine minutes.

rob: a lot of people at nightmare, passengers flying australia to bali scrambling to put on their oxygen masks and sending goodbye messages. the plane was able to turn around and landed safely. >> one of the stewardesses running down the aisle screaming, put on your oxygen masks. and kept yelling it out. >> pulling out their life jackets. we thought there was a good chance we were going down. jillian: the plaintiff in a technical issue that forced the pilot to descend. the chinese space station hurtling towards earth and no one knows where it will crash land. rob: the out-of-control tian n tiangong could return to with next year. most of it will burn up while

falling according to the nation of china but launch chunks of metal could make a dangerous landing, it was launched in 2011 as a chinese prototype space lab. information at risk for tens of thousands of people thanks to another hack. jillian: the latest company that waited weeks to alert customers. >> pizza hut was hacked october 1st and second but waited until this past weekend to tell customers their private information may have been breached, we are talking names, email, delivery notices, billing zip codes, credit card numbers, all of that information now breached so this isn't just people that called in but people who ordered pizza through the apps so all that information, didn't even know there was a pizza hut

apps. >> facebook might make another site obsolete, going after linkedin. >> update that status, now your facebook profile might look like your linkedin profile, they are trying to compete with that and essentially add your resume on top of your personal profile so they are expanding the work and education section so you can find a job on facebook. >> they are all different. free tacos possibly. >> but there is a catch. talking about the world series. if any player manages to steal a base during came one or 2 you could get a free taco from the taco bell. from november 1st at 6:00 at

participating locations and game 3 on if any player manages to steal a base you could get a free taco from november 7th from 2:00 to 6:00 but no tacos for anybody. thanks very much. rob: a what is of aburger was let go after refusing to serve two texas police officers, the officers were cursed at by the employee who said cops beat up her boyfriend and cops were racist was the manager on duty's response was i don't get into politics. jillian: the only thing political is the employee's anti-police rhetoric. joining us is jay birch. what is your reaction? >> we have a very supportive community and when something like this happens our officers

were shocked because as i said our communities are outspoken in their support for the police department. rob: i can understand that. it has to be infuriating for your officers out there protecting people like this and keep the community safe. this person and clearer heads did prevail, the higher level up, the manager didn't know what they were doing, this person is no longer employed by us and we reached out to the police sergeant to apologize and speak with other officers involved and make this right. whataburger appreciates their efforts to protect and serve our community. at the end they got it right. >> they did their due diligence responding to this and we had several discussions with their executives and had a meeting yesterday. we were not calling for the firing of the employee but our

concern was we would like to see these corporations do more to prevent this kind of thing through their hiring process. >> at the end of the day your job, you have police officers protecting us. at the end of the day you are all human. how does it make you feel to put her head down at night and think about the fact that people can be this aggressive towards people just protecting them? >> in our business we are used to taking a lot of abuse. the unsettling part was the fact that these officers were just trying to get a meal and take a lunch break and you don't expect something like this to happen. you don't expect this to happen but it cut deep to these officers. >> on any group, you will have

some bad apples. to just generalize, you said that about any other group you would have every pc group down your throat about that statement, it must infuriate good police officers everywhere, that we see. >> received a lot of report from a lot of police officers, never had to deal with this. and we had a few cop haters send this emails as well. >> thank you for joining us and the rest of the community rallying behind you. 53 minutes after the hour, colin kaepernick saying donald trump's faulty is out of a job. and burgess the ones doesn't see it that way at all.

>> antiwhite, anti-flag, anti-american, flooding into our community for 50 years. >> comments pouring in on this one. jillian: if it sounds too good to be true it probably is, bartender blowing the lid off a secret sauce, one dollar margarita. ♪ . .

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♪ ♪ rob: live look at the white house right now. i'm pretty sure the president is already up. he gets up early. before the break we were talking about hillary clinton defending the anthem protester. thinks hillary's defense of the anthem protest doesn't make sense. jillian: says it isn't social injustice. rob: a lot of you agree with burgess owens. more proof she is not fit to lead. she is too anti-america. jillian: leon facebook says she would say anything to contradict the current administration. rob: true colors came shining through. i don't care when they protest but i care if it's during our anthem. time for good, bad, and the ugly. first the good.

mlb teams rallying to replace memorabilia lost in the california wildfire. 9-year-old lauren jade smith writing a letter to the team detailing his beloved collection. the detroit tigers and oakland a's saying baseball is family. we have your back. jillian: that's great. next the bad. someone claiming to be applebee's margaritas mostly water. actually one party tequila and three parts mix. rob: it's only a buck. what do you expect. three race car drivers in indiana arrested after a crash and a fist fight after both cars crashed. one driver on top of the other. and things get pretty crazy at that point. we're waiting for it here. jillian: used a stun gun? rob: now we see it a police officer forced to use a stun gun to break up this fight. both the drivers were hauled

off to jail? >> talk about road rage or track rage. jillian: thanks for joining us on this tuesday. have a good day. rob: "fox & friends" begins right now. see you later. >> we are probably now, despite what we read, closer than ever before. >> we are together, totally, on this agenda. >> a rose garden truce, but what does it really mean? >> we are working very hard to get the tax cuts. we will continue to work hard to get healthcare. >> winners make policies and losers go home. >> army sergeant bowe bergdahl pleading guilty to charges including desertion. he could face life behind bars. >> meeting at league headquarters to discuss the protest. >> black athletes kneeling, that was not against our anthem or our flag. >> honestly, that thinking, that is the reason she lost the election. >> harvey weinstein and his brother are set to square off against each other at company board meeting. >> weinstein thinks that time