so watch for that part of the news kicks off at 4:00 a.m., most-watched, most trusted, most grateful that you spend the evening with us. good evening from washing >> commander in chief who is going to do everything to keep us safe. >> send him to gitmo? i would consider that. >> that is the way i feel, don't let him get communication with me but he. >> he was stopped by a brave police officer. >> we were just doing our job. >> you are going to battle with the animate and not use the words they use to describe themselves. this is the insanity of the last eight years.

>> you don't tweet every part. most of your first initial thoughts are not worthy of the light of day. >> the constitution, histories and worth defending. if you are in my position they have to be worth defending. >> ground ball to do it, the champions, for the first time in franchise history. >> good morning from new york city, thank you for watching

"fox and friends" first, we to begin with a fox news alert. he plodded for weeks carried out driver who runs. and celebrating bike path rampage. and he requested an isis flag to hang up in the room. good morning. >> here is what we know. it took just that amount of time for investigators to gather evidence to charge this guy with federal murder and terrorism charges so today he does sit in prison. he appeared in court last night

handcuffed and in a wheelchair. the suspect's name i will not utter for not giving him credit for his act of terrorism showed no remorse as he heard the charges against him, one count of providing material support to terrorists and one count of violence and destruction of a motor vehicle causing death, that last charge carries the death penalty. chilling new details of how he plodded this attack for weeks after being radicalized online even making dry runs two years after he was interviewed by the fbi about terror ties in 2015 and we got the new amateur video that was shot from an apartment above the scene where the suspect was captured and in it you can see the 29-year-old suspect aimlessly running around after he crashed his home depot truck before swat teams arrived and it was the act of one uniformed nypd police officer who subdued him.

that officer gave a short statement to the press last night. >> i feel we were doing our job like thousands of officers do every day i understand the importance of yesterday's event and the role we play and i'm grateful for the recognition we have received. >> reporter: police sources tell us officer nash won't be able to comment until after the trial. he fired nine shot striking the suspect in the left and transported to a local hospital tuesday. the deadly weapon, the home depot truck removed from the scene yesterday. it will be used as evidence, federal authorities, fbi and nypd counterterrorism units continue the investigation but this is the lone wolf suspect and only suspect with another person question to the person of interest but so far only one suspect related to this

incident. heather: gitmo or jeff, donald trump calling for the killer to face swift justice, taking aim at democrats, allowed into america in the first place, picking up coverage live. >> and new york terrorist was happy, hanging the isis flag, killed eight people, should get the death penalty, the white house also says they consider sayfullo habibullaevic saipov an enemy combatant and hoping to get the attacker to guantánamo. >> do you want the assailant to go to gitmo? >> i would consider that. >> will you send him to gitmo? >> i would consider that. >> reporter: he vowed to shut

down the visa lottery program that sent the alleged shooter to our shores in 2010. >> work with congress on the diversity lottery program on getting rid of it, a merit-based program based on merit. >> the program has been in place 20 years by senate democrat leader chuck schumer, shut down in 2015, a war of words between schumer and the president playing out as schumer accuses the president of playing politics so we will see. the us attorney, a civilian court left the door open. heather: a lot of people talking about what will happen. among the eight people killed, darren drake, 32-year-old worked

as a project manager in lower manhattan taking a bike ride between a meeting when he was run down. is heartbroken father doubling down on donald trump's call for more extreme vetting. >> they heard us. what do they expect? there's a war going on between america and isis and al qaeda. of course there's a war going on, but fitting should be a lot more difficult to allow these people to come into the country especially a single man but they get these radicals, my son is a victim, he should spend the rest of his life in solitary. that is the way i feel. don't let him get communication

with buddy. heather: their last conversation was about traffic and whether darren would have time to ride a bike the same day he was killed. our prayers with all those families. donald trump being praised by america first action senior advisor david clark. he says we now have a president who will take action against terror. >> donald trump is the only elected official in the beltway in washington who gets it. i heard his press conference this afternoon, not only has he identified the enemy and what the problem is, he did it during his entire campaign, one of the big reasons he got elected but he will do something about it. i was glad to hear he would suspend this crazy diversity lottery program, refused to tackle immigration to make this country safe but we have a commander in chief who will do everything -- to keep us safe. heather: donald trump copper

extreme vetting, and the campaign. a manhunt intensifying for a man who walked into a crowded walmart and started shooting. this man opened fire near the entrance of the store north of denver. two men shot and killed at the scene was a woman later dying from her injury. the man took off, his car has not been seen since. today donald trump's former campaign aide inspiring against the united states set to appear in court. paul man is afort and richard gates pleading guilty for charges stemming from conspiracy, money laundering and failed to register as a foreign agent. the indictments do not mentioned donald trump at all or the alleged russian meddling in the 2016 election. today is the day we will see donald trump's historic tax plan.

its release was delayed over negotiation but the commander-in-chief says now is the time to make history. >> it is reform and simplification. there has never been anything like it. heather: a group of new york house republicans submitted an alternative tax plan to have ways and means committee chairman kevin brady, new york one of several states that will benefit least from the tax plan. the houston astros your 2017 world series champions. >> ground ball right side could do it. world champions for the first

time in franchise history. heather: first time in franchise history's the astros take game 7, 5-1 over the dodgers in los angeles to win their first world series in houston, tens of thousands of fans going crazy, watching the game here. moments after the game, proposing to his girlfriend on the field and she said yes. a good night for him. entitled and self-righteous, michelle obama taking aim at men and some swipes at donald trump. the story since twitter into a frenzy. >> michelle obama offering lots of advice during the first obama foundation summit in chicago. most of it, the young men of the world, donald trump, she didn't mention him by name. the former first lady slamming men is entitled and self-righteous but it is not

their fault. women are -- >> powerful to have strong men but what does that strength mean? does it mean respect, does it mean responsibility, does it mean compassion or are we protecting our men too much so they feel a little entitled and self-righteous sometimes? that is on us too as women, as we nurture men and push girls to be perfect? >> former first lady telling men to, quote, get some friends and talk to each other about their gender-based problems. she took a subtle swipe at the current occupier of her old home at 1600 pennsylvania avenue. >> you don't tweet every thought. tweeting in social media a powerful weapon we hand over to little kids. it in-year-old, here you go,

like it is, no you don't, spell it right and have good grammar. >> reporter: she wasn't talking about anyone in particular. a few weeks ago the former first lady made headlines slamming the gop is old men and all white. it may have seemed that way. we want to keep talking about this. what do you think? are men too entitled anti-women to blame? join the conversation with jackie on facebook live, twitter and instagram and we will share your comments later in the show. 13 minutes after the top of the hour, from lone wolf to known wolf, the a tuesday new york city terrorist was on radar. how did this slip through the cracks? >> it is the obama administration, you're going to battle to understand the enemy and not allowed to use the words

they use to describe themselves. >> next guest, former cia analysts, the pc police keeping the real police from doing their job. i don't think anything can prepare you to hear those

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is the place that's gonna help us do it. that feeling is priceless. learn more at cancercenter.com cancer treatment centers of america. appointments available now. >> fox news alert, new reports that the new york city terrorist suspect has been on the radar since 2016. how did he carry out the deadliest terror attack the city has seen since 9/11. on the red flags that could have been missed. thank you for joining us. we mentioned the possibility of this, that he was on the radar here and we know that to be true. let's look specifically at the background of sayfullo habibullaevic saipov.

he is not a us citizen, he was born in uzbekistan, he came on the university visa program, past and uber background check and drove with them for six month. what did we miss? >> let's start off noting we are hearing the same thing we hear every time there's a terrorist attack of the guy is a lone wolf, no foreign ties and officials say he was recently radicalized. new york officials can't know that. he was interviewed as part of a counterterrorism investigation two years ago. 's mosque was under surveillance by the police department. i think those are red flags and raise to me the question was this an intelligence failure? there is a bigger question. did political correctness prevent us officials from connecting the dots and is this the reason this guy slipped through the cracks? heather: that is a valid

question when we look at the facts you mentioned, specifically the mosques that were taken off this investigation. 2006 fred said sayfullo habibullaevic saipov's mosque believe the subject of federal investigation and in 2010 sayfullo habibullaevic saipov enters the us and in 2014 new york city dropped the unit that surveys mosques and in 2015 he was identified as a deck of contact for the two men in the terra database and at that time was interviewed as well and in 2017 sayfullo habibullaevic saipov carried out the deadliest new york city attack since 9/11. do you think part of the issue, the surveillance of these mosques was lifted? >> there is a possibility of that. this mosque was being surveilled by new york city police, in patterson, new jersey, special arrangement with new jersey governor to permit that but bill

diblasio shuts down the surveillance program because he thought it wasn't sensitive to muslims in the region. i understand that concern but if a mosque or church is believed to be a headquarters or a place terrorists are meeting the us government has to be surveilling it. bill diblasio shut this program down. we know this was a mosque this guy was worshiping at. this is something we need to look into. heather: i am sure people will as a result of this. joining us live this morning, thank you so much. the time is 20 minutes after the top of the hour and clarence thomas sounding off on national and protest in this rare interview you will only see on foxbusiness. >> some people have decided the constitution isn't worth defending, history isn't worth

defending. >> he is not giving up the fight. straight white males need not apply at the dnc. twitter wants to know why the so-called party of diversity isn't an equal opportunity employer. carly shimkus has your responses on that coming up.

heather: ever wonder why you didn't say tweets about the dnc email leak in the month leading up to the 2016 election. twitter purposely hit them. carly shimkus from sirius xm 115 is here with reaction to the social media censorship. >> this is a big one. amid twitter's ongoing investigation or the ongoing investigation into is's efforts

to influence the election twitter, facebook and google executives testifying on capitol hill, the testimony, we now know twitter worked to stop the spread of certain hashtags that would negatively impact hillary clinton. here is a direct quote from a twitter executive who says our system is detected and hit 48% of tweets relating to other notable hashtags which concern the disclosure of leaked emails from the democratic national committee. 25% of tweets, including emails hidden from searches as well and these relate to russia's hacking of the dnc. some accusing twitter of censoring its users. twitter colluded with the clintons too, charlie, freedom of speech being silenced, if it doesn't hit the status quo it is obvious. twitter, google and facebook censoring info damaging their

preferred party, election interference and exactly what they accused donald trump of doing. while that is going on twitter's accused of not doing enough to stop the spread of russia's interference. tough day to be a tech giant. >> the dnc saying white men shouldn't apply for text jobs. >> the dnc looking for new employees for its tech department but one manager does not want white men to apply. here is an email from the data service manager at the dnc, she says we are focused on hiring and maintaining diverse voices and life experiences, something desperately needed. i would prefer that you not forward to fifth gender white straight males since they are already in the majority, social media talking about this one,

one twitter user says democrat signing a response, eric this isn't it illegal to discriminate based on gender, race and sexual orientation? they hit the trifecta. heather: incredibly remarkable it would say that in light of and run, iran, pakistani family, under investigation, band from the house for theft and cybersecurity issues. hire him but don't hire white men. >> the dnc this was not signed off by them. this -- they are not taking credit for this email but in an effort to be so inclusive they are being exclusive. heather: the time is 27 minutes after the top of the hour. by the september 11th attacks, cia is revealing in just released journals that movies

from the bin laden families, former first lady michelle obama says men are entitled and self-righteous because women protect them too much, viewers fired up over this one. what do you say? >> people thank michelle obama got this one wrong. log onto my facebook, let us know, we want to hear from you. a quick break, don't go anywhere. we will be right back.

>> we are back, he wanted to kill as many people as possible, the new york terror suspect plotted for weeks and his rampage was far from over when he was shot by a hero police officer. he intended to do more. at the scene in lower manhattan

some new information. >> reporter: it took just 24 hours, the counterterrorism unit to gather enough overwhelming evidence to support federal and murder charges brought against the suspect, i will not be uttering his name not to give him or his family any notoriety for his cowardly act of terrorism but he did appear in court last night shackled in a wheelchair showing no remorse as he heard the charges against him, one count of providing material to terrorists and one count of violence and a motor vehicle causing death, the latter charge carries the death penalty. chilling details of how he plotted this attack for weeks after being radicalized online -- >> a search of cell phones found in a bag he was carrying, a search conducted pursuant to

court authorized wiretaps revealed thousands of isis related images and 90 videos depicting among other things isis fighters killing prisoners and running over them with a tank, beheading them and shooting them in the face. >> reporter: authorities say he wanted to but isis flag on his truck during the attack and wanted isis flags inside his hotel room, his hospital room. if that is not alarming enough, we learned he was interviewed by the fbi about terror ties in 2015. we have this new amateur video shot from the apartment above the scene, the 29-year-old suspect aimlessly running around the streets after he crashed his rental home depot truck before being confronted by an an uniformed nypd police officer who shot him in the leg and subdued him. he is a lone wolf and the only

suspect in this case. heather: imagine being in a traffic as he ran around with what appeared to be a real handgun. live, thank you. democratic leaders are condemning tuesday's attack, the attacker was a radical extremists. the deputy assistant to the president says it is an obama era tactic feeding into the enemy's agenda. >> not just about bill diblasio but cuomo, the obama administration. in 2011 the pressure from care, the so-called muslim civil rights organization does not represent muslims in america. the white house bowed to their pressure and told the fbi, and unclassified memo from the white house they wrote to eric holder, the chairman of the joint chiefs

in the pentagon and said from this day forward there are certain words and phrases you are not allowed to use and that included jihad. that included discussion of islam. you're going into battle trying to understand the enemy and not allowed to use the words they use to describe themselves. the insanity of the last eight years. heather: donald trump says he would consider sending sayfullo habibullaevic saipov to guantánamo bay as opposed to trying him in us federal court. we are getting our first look at thousands of newly released documents seized from usama bin laden's pakistan compound. new information on his links to iran and iraq including never before seen video of his adult son. amy kellogg joins us from rome with more.

>> reporter: given that iran is a revolutionary shiite country and al qaeda is the extreme side, the relationship was extremely complex and boils down to the enemy of my enemy is my friend. half 1 million documents just released found usama bin laden's compound rated in 2011 shed light on many aspects of the terror organization. contrary to some reports usama bin laden according to these documents was in control of the organization at the time of his death confirming the story long debated that iran sheltered some al qaeda families after the us invaded afghanistan. there were serious fallings out, ideological enemies strategic collaboration after 9/11 and documents reveal iran offered al qaeda assistance in the form of money, arms and training and has in exchange for striking

american interests in the gulf. wedding video, bin laden, this is the first time we have seen him as an adult, he is believed to be the successor leader of the organization and next in this trove, the bin laden family entertainment, preferences america's funniest home videos, tom and gerri and pornography. heather: much more on this story, thank you. more defense tactics and excuses from democrats, hillary clinton, most serious people. democratic funded opposition research. and alleged trump campaign collusion. tom perez denying the democrats leading role in funding that dossier despite other members of his own party admitting it.

>> it was given continued by the democrats. we have not hidden the fact we had opposition research that was done. heather: this was days after the electoral college was not in the constitution. california intensifying, that the permit of justice, continue breaking the law, prepared to lose millions in federal funds. the warning comes after democratic governor gerri brown signed a bill that essentially puts a wall between california cops and base agents. clarence thomas denouncing the national anthem protested by nfl players in a rare exclusive interview. laura ingram talked to him and

the constitution is worth fighting for. >> some people have decided the constitution isn't worth defending, history isn't worth defending, culture and principles aren't worth defending, then certainly if you are in my position they have to be worth defending. that is what keeps you going. heather: he served on the bench since 1991 as the george hw bush nominee and i believe laura served as his clerk at one point. the time is 20 minutes after the top of the and open border backlash, donald trump declaring enough is enough. >> terrorists constantly seeking to strike our nation, so politically correct, you have to get tough, smart and do what is right to protect our citizens. heather: where was the accused

terrorist radicalized and what did his wife know? why our next guest says somebody had to know something. ♪

heather: the hottest videos on social media, claiming to get rid of bags

>> some brand-new questions about the accused new york city terrorist and his trip back to uzbekistan. when was he radicalized and what does his wife know? police lieutenant andy sutton joins us. thank you for joining us. >> my pleasure. heather: two questions, let's talk about asylum seekers and how this relates. >> we have to have a major discussion. the president is trying to do his best to protect the american

people as is his responsibility and he is being met with all kinds of distractions and people attempting to move his program, trying to cast shadows upon it. heather: we need some sort of law that can prevent asylum-seekers from returning home. >> we need to take a look at this. we can't go around blindly accepting things as they have gone on. we are on the front lines of this war. this wars in america as has been shown so graphically. we cannot stand by and do anything, we have to look at every aspect and how to a prevent these things. heather: the suspect was married with children. we heard that has been the case with boston bomber, the orlando shooter's wife as well.

what do we know about his wife and was she aware this was going to happen? >> what goes on in the homes of these people who have been radicalized or radicalized themselves. this doesn't happen in the background. we have to understand family dynamics taking place. we are talking about women who generally in this world are subservient to men. heather: in the muslim world. >> correct. it would take a great amount of courage for people in the family structure to come forward. we need to join forces with the muslim community and educate them and not only educate them but time to take a real stance here.

new york city police department has incredible intelligence gathering capacity. because of political correctness, taken away from that. something we could not stand by. >> extreme vetting, as a result of this in reference to when this political correctness steps aside in order to protect americans at home. thank you for joining us. the time is 15 minutes until the top of the hour, students of notre dame suing after the school drops three - free birth control. do they have a case? attorney lisa barber is here live to break down both sides of the constitutional controversy.

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heather: pack your patience, early warning traveling toward thanksgiving, tracy is here to explain, thanksgiving isn't that far away. >> the travel season is november 17th through the 28th, they are expecting 29 million people to travel during that 12 they period up 3% from last year and this was because of low fares and extra seats available.

they are -- 86,000 seats, the busiest travel days, going to be that sunday, november 26th, wednesday the 22nd and friday, november 17th, the latest day, thanksgiving november 23rd. heather: they are adding 86,000 seats a day. why can't they do that all the time and avoid the backlash? >> they are breaking it down a little bit. starbucks, we had a tease but possibly maybe something confirmed. >> this is the actual starbucks holiday, it is not red like the usual cup. some holiday designs was intentionally left blank, and coloring her own designs, we

have this drawn in. heather: if you want some red, make it your own. appreciate it. the university of notre dame taking advantage of donald trump's new policy ending free birth control coverage. as a result students are suing the trump administration. do they have a case? joining me to weigh in is lisa barber. thank you for joining us, haven't seen you in a while. do students have a case? >> if you look at this legally it is a very complex issue, this debate has been going on for five years now. the students, it looks like, have a tough case, it looks like notre dame has background as a catholic university and

obviously portrays itself as such, the affordable care act, obamacare being mandated to supply birth control at no cost, filed lawsuits, emergency injunctions and students willingly went to this school with catholic tie, hard to see that perspective and with donald trump's new rule that came out october 6th, trying to defend religious freedom. where it gets sticky, religious freedom, moral issues, that is the point that might be tricky to keep. heather: that could be a possible loophole in this. >> it could be a possible loophole, what the term actually means. heather: this is something that has been at the forefront, however previous cases developed. >> previous cases, notre dame led the charge against mandating

birth control. they don't need to be part of this or supply it as it goes against their religious beliefs, mandating birth control, it goes for religious freedom in the united states. looking at the birth control mandates goes against the catholic church, or affiliated that is where it is a problem and trump is defending this. >> who would be responsible for that? >> really illustrate what that means, the other problem is birth control and notre dame saying we are not going to provide insurance coverage for that, it is just for pregnancy prevention but if there is a legitimate medical need for it and there are many legitimate medical needs for birth control for women, we will support that. that is another way to go. contraceptive care versus

legitimate medical needs. heather: a lot of caveats to look at. thank you so much, appreciate it. the time is 6 minutes until the top of the hour. former first lady michelle obama setting social media on fire with this comment. >> are we protecting our men too much so they feel a little entitled and self-righteous sometimes? heather: jackie is up next, hearing your comments on this one. day with us. ♪

heather: time for your brew on this. michelle obama taking aim at men, slamming them as entitled and self-righteous but as it is not their fault. instead she blames women for nurturing them too much. our men too entitled and are women to blame for a. some good reaction. >> let's start with liz on facebook, hillary is going the would then be quite. ronald said maybe in the past, it depends on culture but now roles are reversed was a lot of times it is 50/50. kristin on facebook am i don't care for michelle but agree with her on this one. great example is why i could not vote for hillary.

jean on facebook, sometimes. amy says i refuse to take care of an adult man. i'm not his mother but i believe in working together as a team. >> the can is someone who has real children to deal with. heather: sharing your comments with us. "fox and friends" first for me wraps up but continues after another hour, see you later, goodbye. >> it is thursday, november 2nd, fox news alert, the scheme of a monster suspected terrorist in the horrific isis inspired attack in new york city facing several federal charges. his proud confession and what would have been his next target. >> i would send him to gitmo, i would consider is that. it is not nice, not good, not good, hasn't been good. we have been against it. heather: gitmo