keep those comments coming. in this is a conversation we are going to continue to have. rob: there is a lot of angry about this story and certainly understandable. jillian: hope you have a good day. thank you for joining us. rob: "fox & friends" starts right now. see you later. tomorrow is friday. >> authorities are revealing disturbing new details about the radical islamic attack in new york city. >> admitted to carrying out the attack saying he wanted to kill as many people as possible and was proud of what he had done. >> saipov was admitted to the u.s. under the so-called diversity lottery. >> sounds nice, not good. >> let's talk about this diversity lottery situation. this is a big fog. >> send them to gitmo. >> a man walked into a crowded wal-mart and just started shooting. the president tweeted tonight tomorrow he will name the head of the new fed. >> today is the day we will finally see president trump's tax plan.

>> could do it. the houston astros are world champions for the first time in franchise history. ♪ ♪ ♪ ♪ ♪ ♪ celebration time, come on ♪ let's celebrate ♪ celebration time come on. steve: man, are they celebrating in houston. they have never ever won a world series and after what houston, texas and all of texas and parts of the country has been through this year. it was sweet last night. brian: all six games were tremendous. this game was really decided early on. five runs early and then the dodgers left a lot of men on base and in the end they

disappointed their home fans. highest houston astros who two years ago lost over 100 games. basically the same guys. ainsley: one of the guy holes place for houston he proposed to his girl friends. steve: at the end of the game. ainsley: fiance now. steve: these are now a collector's item. ainsley: and to the bush family. i'm sure the presidents are very happy because they were at one of the games. brian: president bush 41 lives there and, of course, george bush owns the texas rangers. steve: he did. a family deep in baseball history. all right. ainsley: meanwhile, in other news. a fox news alert. disturbing new details just revealed about the accused new york city terrorist who investigators say plotted that attack for weeks. brian: it's unbelievable. julie banderas is live at the scene in lower manhattan with information. this guy is talking, julie. >> yeah, he is and is he cooperating however, not remorseful. the suspect whose am in i will not utter in order to

not give him the notoriety he wanted to seek being that he is the coward who is now suspected as the terrorist here. one and only suspect here in new york city. however, he was charged with federal charges, including the federal murder charges, which carry the death penalty. and if that's not alarming enough, we have actually also learned that he wanted to put isis flags on his truck during the attack and wanted isis flags in his hospital room. he was also actually interviewed by the fbi about terror ties in 2015 but a case was never opened up against him. well, last night, the one and only suspect in this case appeared in court, shackled in a wheelchair, showing no remorse as he heard the federal terrorism charges brought against him. one count of providing material support to terrorist and one count of violence and destruction of a motor vehicle causing death. that latter charge is the one that carries the death penalty. we have also learned chilling new details of just how he plotted the attack for weeks after being radicalized online, making

dry runs to the city. listen. >> a search of cell phones found in a bag that he was carrying, a search conducted pursuant to court authorized wiretaps, revealed thousands of isis-related images and 90 videos about 90 videos depicting, among other things, isis fighters killing prisoners by running over them with a tank. beheading them and shooting them in the face. >> we also have new amateur video to show you. in it you can see the 29-year-old suspect aimlessly running around, crashing his rental truck. then soon after nypd police officer and hero caught brian nash, fired off nine rounds, shooting him in the leg and subduing him. both the nypd and the fbi continue their investigation, which did include one person of interest who they did interview, but at this point does not have enough ties to actually be named a suspect as of yet.

but they are keeping a close eye on him. so now this one suspect right now behind bars and will be facing some very serious charges as i mentioned. the death penalty is on the table here. back to you guys. brian: all right, julie. thanks. he said the fbi questioned him in 2015 about terrorist ties. 23 people listed him when coming over as the point of contact. if they were age to go through a social media, if it revealed what it revealed now, i'm wondering if the fbi had the latitude to be able to do that then. what would it reveal directly? i know in england they could pick you up and hold you for a period of time before they charge you with anything. maybe we need to give our guys that. steve: well, he hasn't been charged. back then he was just questioned because somebody else was on a terror watch list, apparently. and so he was a guy who was close to him. they talked to him a couple years ago, let him go. this guy. brian: what i'm trying to say when they talk to him, if they were able to go to his social media. i'm sure they just didn't do

that in the last year. they would have seen links wait a second, we have to hold on to you. steve: part of the investigation going forward, we do know for sure apparently what he wanted to do the other day when he drove that truck through new york and tried to kill as many people as he could, he wanted, actually, to be flying an isis flag on the home depot truck. but then he thought, oh, that's not too smart because i would draw attention to myself. so he didn't have the flag. however, at the hospital, at bellevue, he said i did a really good job with what i did, i would like a flag, police officers, to have in the room, and they said no. ainsley: that's disgusting. he has been planning this about a year. about two months ago he decided to use that truck so he could inflict the maximum amount of damage on the victims. he rented the truck on october 22nd, so a week ago to practice making turns so that he would get it right. on tuesday, he rente rented it r two hours with no intentions to ever return it. he took that truck and

that's where it is. that's how it ended. brian: this is what the president said yesterday. he spoke a lot. happy as he asked to hang his isis flag in the hospital room. he killed 8 people, badly injured 12. should get the death penalty. he should get the death penalty. i'm not saying torture. there has to be a way for the terrorists feel they are in the promise land in our hospital. he complained about his wounds when he was in the wheelchair which he demanded while he was being read his rights. he is way too comfortable. keep in mind, he is looking at his i phone of people being run over by tanks and shot in the face at the same time he is complaining about his wounds gets medical treatment and smiling ear-to-ear about what he did. there is fundamental in equity to what's going on right now. and we are not getting what he knows in to our intelligence people's hands. law enforcement doesn't know what he knows. and that's the problem. ainsley: he thinks he is a martyr. he thinks he is a hero. he thinks deserves how many

virgins in heaven. i'm sure he was planned on being killed. steve: that's why he got the guns out. ainsley: then he was planning on going over the brooklyn bridge. steve: and killing more people. the presidents of the united states yesterday at the end of a press availability was asked whether or not he would consider senting this guy to gitmo. what did the president say? listen to this. >> mr. president, do you want the assailant from new york sent to gitmo. mr. president? >> i would certainly considering that yes. >> are you considering that now, sir. >> i would certainly consider that send him to gitmo. i would certainly consider that yes. brian: by evening, somebody in the direct court read him his rights. for some reason our attorney general was just sitting on his hands. he never stepped up, got on the same page and decided if he should be looked at as an enemy combatant. remember, george bush took his enemy combatant one and put anymore south carolina in the bringing for 30 days. not so much what happens to him. we need to know what he

knows and who else he is in contact with. ainsley: as far as the gitmo thing is, no one who has been arrested on american soil has ever been sent to gitmo. steve: no american has been sent to gitmo on purpose. ainsley: and no one captured on foreign soil has ever been sent there at least since 2008. steve: there was one american who was captured and taken to gitmo. they didn't realize he was born in the united states and eventually repatriated him to saudi. the problem for the administration if they want to send this guy to gitmo is he is an american citizen. brian: he is not. is he a green card holder. steve: he has constitutional rights ♪ american citizen. steve: he has constitutional rights because he came in on that diversity visa program. the diversity visa program that we telling you about yesterday is something that the president is saying hey, congress, do something. turn it off. it's not working. brian: here is the president. >> i am today starting the

process of terminating the diversity lottery program. i'm going to ask congress to immediately michigan united states work to get rid of this program. diversity lottery, sounds nice, it's not nice. we're so politically correct that we're afraid to do anything. and that's not only our country. that's other countries, too, that are having very similar problems. and we have to get tough. we have to get smart. we have to do what's right to protect our citizens. we will never waiver in the defense of our beloved country, ever. and we'll never ever forget the beautiful lives that have been taken from us. brian: this guy is an enemy combatant, should be treated like that, if we're serious about keeping our people

safe. your mind set should be this. what if that was your family member that was run over on that bike path on a 56-degree beautiful day? and i think people distance themselves and trying to put them through the criminal justice system and not acknowledging we are in a war. if we are that chelsea bomber we don't know what's next. now we have the bike path bomber. maybe there is a link. we chelsea bomber lawyered up and mirandized. no one is worried about a conviction. we are worried about intelligence from the enemy combatants which is now for some reasonable is he lawyered up and mirandized and he has a public defender. steve: clearly they decided that's the way they are going to go with this guy. brian: did they? did they pre-think it? did attorney general sessions prethink what his policy is. steve: we have judge napolitano on. he knows all about the law. we will talk about that in a little while. i was reading one of the newspapers this morning given the fact there have been some calls to turn him

into an enemy combatant, if he actually went through the criminal justice system, he would probably be found guilty faster, given the history of how long people have sat in the bringing or going down to gitmo. brian: no one is worried about a conviction. 99% end up in quingz. stop the next attack. we are now hamstrung. steve: luckily is he talking. ainsley: you talk about the families. james drake father of darren drake 32 years old. he said his son was a miracle baby. he said they tried for 12 years to have kids. then they had this miracle, beautiful baby and they brought him home on thanksgiving. they were so thankful. he didn't come home for dinner last night. they thought no, no there is no way our son could be involved in this unfortunately it was. brian: trying to get himself in shape. ainsley: their family will never be the same. great kid. steve: 6:12 in new york city. brian: next on rundown, the similarities between the new york and bawivel bombings. ed davis the police chief in

boston at the time is live next. steve: first lady michelle obama is slamming men but blaming women? >> or are we protecting our men too much so they feel a little entitled and a little, you know, you know, a little self-righteous sometimes? dear daughter, i used to worry about keeping up with our mother-daughter matches. but i've been taking osteo bi-flex ease. it's 80% smaller but just as effective. which means, i'll run you off the court. hugs and kisses, mom. osteo bi-flex ease. made to move.

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♪ ♪ ♪ ♪ for those who know what they're really building. always unstoppable. brian: fox news alert. we are learning more about the suspect in the new york city truck terror attack.

he entered the united states in 2010 under the diversity visa program. and investigators say he was plotting this attack for weeks. joining us now to talk more about the similarities between the attack in boston, the boston marathon attack is ed davis. he was the former police commissioner and fox news contributor. commissioner, first off, do you see some similarities between the two? certainly, similar pro-sews of planning, there is a small in this case one person. in the case of the boston marathon, two people that put together this plot. it was relatively simple and basic. it wasn't complex. it didn't involve many spirits but it was deadly and very effective. brian: so this guy is conscious. you have the younger brother conscious. and the federal authorities quickly came in and said hold off, commissioner, don't read him i his rights yet. here, they read him his

rights last night. what's the difference? >> well, there's a clause in the patriot act that takes the process out of the civilian courts into a military style process. so, in the case of the tanner novembers, i got a call from the united states attorney who ordered me to give orders to my officers not to read the suspects their rights. they brought a special team in of intelligence and military personnel, because they thought this may be an ongoing plot. so there is a possibility of doing that in the law. but, you know, everybody is angry right now. i think we have to be very cautious and listen to what the law says and, you know, the thing that separates us from the terrorists is that we have the rule of law here. brian: that's fine. i would have loved to use that patriot act axiom on this guy because we don't know what we don't know. now, the family. he has a wife and kids. evidently neighbors have described the wife extremely

opposite. kids got out. people would bring the kids back to the house. not even a thank you. you wonder, had you a wife issue. it took you a year to arrest that. arrest her. what do you think the family knows? what would do you with the family? >> well, i mean, the wife in the tsarnaev case was not arrested. she was questioned. i think you have to maintain significant surveillance on the individuals who are associated with these people. and make sure that you know everything that they're doing. when they cross that line, and have you enough evidence to charge, you have to move quickly on it. but, you do have to follow the law. and, you know, you just have to -- all of our actions of enforcement and surveillance are predicated upon acts. brian: commissioner, knowing how bad you, like everybody else watching, wants to stop the next attack, don't you think it's in america's best interest to not mirandize these people quickly until we know what they know?

and now that we -- this guy has been mirandized has got a public defender, we might never know. >> we have to follow the law. and in this particular case, there have been decisions made based upon the acts. we all want a piece of this guy right now. everybody is angry. brian: it's not anger. let's just be deliberative about this. let's find out what he knows to stop the next attack. i don't think anger plays a role here. >> well, you're right. we need to be deliberative. we need to follow the law. the law on this is very clear. there is a way to question these guys outside of the criminal justifiable system if there's an ongoing plot. something has happened here that has caused them to go down the other route. and i think that that's based upon facts that we don't know about. so, i have to trust john miller and the people from the fbi that are doing the investigation right now. brian: one day they came to all those conclusions. i don't know if they have super human skills. commissioner, thanks so much. appreciate it. >> it is frustrating.

thank you. brian: caught on camera, the incredible moment a woman escapes her kidnapper after being stuck in a trunk. that's next. plus democratic lawmakers want to make california a sanctuary state this morning. a new warning for the doj, follow the law or lose millions. everything you buy, not just airline purchases. seriously, think of all the things you buy. great...is this why you asked me to coffee? well yeah... but also to catch-up. what's in your wallet? eras. they're defined by accomplishments. by victories. by those with the resourcefulness, the ingenuity, and the grit to help ensure the next energy to power our dreams,

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jillian: good morning to you. we're back now with a fox news alert. a manhunt intensifying for a man who opened fire inside a wal-mart, killing three people and driving away. this is the man police say walked into the store near denver, colorado, and randomly fired near the cash register. two men were killed instantly. a woman later died at the hospital. police say the suspect calmly walked out of the store and drove away in a red mitsubishi hatch back. today is the day we will finally see the historic cut, cut, cut tax act. that's what the president suggest republicans call the

much anticipated overhaul plan. >> it's cuts and relief and also reform. and frankly it's also simplification. so we are covering everything. there has never been anything like it. jillian: the plan was scheduled to be released on wednesday but was delayed one day for continuing negotiation. ainsley? ainsley: okay. thank you, jillian. a sanctuary showdown between the doj and california. sessions department issuing an ultimatum to the golden state, drop your sanctuary status or risk losing millions of dollars in federal funding. here to react is former trump hispanic advisory member mr. steve cortez. good to see you. >> good morning. thanks for having me. ainsley: you are welcome. why is governor jerry brine the governor of california. why is he blatantly disregarding federal law? >> right. you know, is he grandstanding. rereminds me governor bruise here in illinois. mayor immanuel in chicago. these politicians remind me a lot of the southern

governors in 1950s and 60's who throughouted federal civil rights laws and president eisenhower and kennedy had to intervene. in this case president trump and attorney general sessions have to intervene. look, ainsley, ice already has a tough job. dealing with transnational gangs like ms-13 that are terrorizing parts of america. they don't need additional obstacles put in their way by governors and mayors. what they need is cooperation from local police. the cops want to help them, of course, they want safer streets so people like governor brown are simply grandstanding for their own narrow political agenda. ainsley: obviously you agree with jeff sessions. i feel like the federal government continues to threaten california and knowing is happening. when will something actually happen? when will they take action on this? >> i think the power of the purse strings. that's when this is finally going to. ainsley: they keep threatening that and it's not happening. >> i know. it has to happen. i agree. i'm a bit frustrated and sounds like you are as well that it hasn't happened. it needs to.

states like california where throughouty federal law who are endanger their own citizens with this reckless policy. you know, sometimes political correctness isn't just dumb, it can be deadly. and it is in the case of sanctuary cities. we need, i agree with you, we need to take action. i think the attorney general is doing that the sooner the better. ainsley: frustration comes from interviewing these families, interviewing kate steinle's family and seeing their sadness and their grief. these are american citizens. i have feel like they're putting people who aren't citizens above the people who are tax paying citizens here in this country. let's move on to another topic. the latino victory fund released an ad depicting supporters for the g.o.p. candidate for the state of virginia for the governor ed gillespie as racist, as confederacy supporting racist murderers who attack minority kids. watch this ad put out by the latino victory fund on monday and we will get your reaction. ♪ >> run!

run, run, run. >> come on. >> is this what donald trump and ed gillespie mean by the american dream? ainsley: steve, what was your reaction to that? >> you know, ainsley, it's hard to even watch it, quite frankly. this is race baiting, identity politics at its despicable worst. they tried this by the way in 2016. they tried to constantly say that we who supported donald trump were somehow racist. they are trying now again with ed gleption. i will tell you this as an immigrant son and as an hispanic, i believe that the democratic party has taken minorities for granted for decades. think people like ed

gillespie and donald trump have policy visions which will enhance and improve the lives of people of color. let's stop with the race baiting and identity politics. this is called the latino victory fund. it's not victory for latinos. it's reportedly funded by george soros. someone who has done more sadly than any other american to poison our politics. we need to rise above this. i think though that thankfully paradoxically it's actually going to work the other way. it certainly has already brought a lot of good attention to ed gillespie and increased donations. i think people have going to contract against. this they know you are not some sort of racist imbred person just because you happen to support the republican policies of ed gleption which by the way major issue there back tour last topic sanctuary cities. ainsley: it could back fire when hillary clinton called trump supporters deplorables. how about the media's reactions? why didn't the hispanic networks? they did not cover this. tell mind dough zero

minutes. look at the mainstream media nbc spent 28 seconds on it but did not get much coverage. why do you think that is? >> not only didn't cover it as a news item, ainsley but also showed the ad. i don't think they should have. i think a responsible network would say this ad shouldn't be shown. ainsley: we showed the ad. >> i mean showed it as paid advertisement: as a paid advertisement. i think it's irresponds cybil in two ways. look, unfortunately, and the hispanic community in america has been ill served by spanish speaking media. they have been incredibly biased. they haven't been journalists. people like jorge ramos are not journalist they are opposition advocates of the trump administration. at times they don't even pretend otherwise. they have done a real disservice. my hope would be that -- watch fox news. ainsley: they did pull that ad i might ad. brand new information on what was found on his

computer. turns out he was a big disney fan. and todd piro is talking to voters in indiana about the issues. >> we are here in martinsville, indiana. we have an amazing crowd here already at around 6:30. also some amazing food. obviously the focus of today, talking about those major issues. terror on american soil. and the responses like extreme vetting. getting rid of the diversity visa program. also, a little thing called tax reform. a lot of issues to cover when "fox & friends" returns. ♪ one big country nation ♪ that's right ♪ you

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star-spangled banner yet wave ♪ o'er the land of the free ♪ and the home of the brave ♪ [cheers and applause] ainsley: just beautiful. that's patriotism on full display ahead of game seven world series between the astros and the dodgers. steve: cortez of los angeles city police officers belting out the national anthem before a sold out crowd at dodgers stadium last night in l.a. brian: no doubt about it. that's a message to the nfl. every player stood on the field out of respect for the flag. the astros went on to to win the first world series in franchise history. they beat the dodgers 5 to 1 who also had an awesome season. by the way, what a great two years for baseball. cubs winning game seven two extra innings. great story a year ago and this story with the houston astros with the strike

houston has just gone through. ainsley: we just did a story about following sanctuary laws. good for them on this one. they got the police officers out there to sing. steve: a great night. brian: very interesting in a couple of weeks a salute to veterans beginning november 11th for the football. and this is a year in which there was a lot of controversy with football. steve: all right. so you just had a great patriotic mommy out there at the dodgers stadium. last night, clarence thomas sat down with his former law clerk at the supreme court, laura ingraham who has a great show on the fox news channel now. and they were talking a little bit about patriotism and about defending the nation. and it sure sounded like he was talking a little bit about the anthem protest. listen to this. >> what do we all have in common anymore? when i was a kid, even as we had laws that held us apart. there were things that we held dear and had in common.

we always talk about pluribus unnumb. what's our unum now. people have decided the constitution isn't worth defending. the culture and principles aren't worth defending then, you know, certainly, if you are in my position. they have to be worth defending. that's what keeps you going for all of the criticism. the other things that's what makes it all acceptable. what you are doing is importance critical things that matter. so i don't know what it is that we have -- we can say instinctively. we have as a country in common. brian: that is fantastic. think about that. that's basically what some people, including me, have been trying to say for the last year and a half is that we're not a perfect country, burr can we agree that we all salute the country?

steve: we're bound together. we're a union of states u. brian: kind of grim what he said if we don't have, this what do we have? good night, everybody. i'm not going to see and hear from him again for a while. what a leak laura had. had the president of the united states, has clarence thomas, and opened up with general kelly. ainsley: she is doing a great job. congratulations to you if you are watching. probably not because she goes to bed late now. jillian has headlines for us. jillian: going back to last night carlos korea they get the world series ring and girlfriend gets the engagement ring. ainsley: would very proposed if they lost? >> i downtown it. ainsley: i think he would have. brian: i think he said if i win i will do it. by the way, as just real quick, as a woman, don't you want that to be your night when you get engaged. can't be his night. celebrate with the entire city. ainsley: now it's both of their nights. jillian: they are in a good spot. let you caught up on the

first lady of the day. mitchell obama bashing men for being entitled and self-righteous. statements made during the first obama summit in chicago. >> are we protecting our men too much so they feel a little entitled and a little, you know, you know, a little self-righteous sometimes? but that's kind of on us, too as, as women and mothers, you know, as we nurture men and push girls to be perfect. jillian: while she didn't mention the president by name she did take a subtle swipe criticizing his twitter habits: inside look into slain leader usama bin laden life. among the files video of his adult son and potential successor and computers most based on his life and 9/11 conspiracy theories. bin laden had kid films like cars and chicken little.

in addition to that he watched the viral youtube clip charlie bit my finger and several crochetin crocheting tutorials. the moment a kidnapped woman escaped from the trunk of her car. just watch. see her pop out after her captor stopped for gas in alabama. she runs inside to ask the attendant for help. when she does that he runs out and speeds away. police finding and arresting that man who was already wanted for attempted murder. the woman says he broke into her home, strangled her when sleeping and stuffed her into his car that is a scary scene, guys. i cannot imagine. ainsley: little does he know the cars now have the glow in the dark trunk. ainsley: pull that out if that happens to you. steve: that's what she did. she was smart. brian: let's go to breakfast with kids in family restaurant in martinsville where todd piro is hey, todd. todd: hey, guys, obviously the events in new york city are front and center on everybody's mind. let's get right to that i'm

goggle speak to mike first. mike said the diversity visa we have to get rid of it, why? >> we want people in this country who love the country, who want to work for the country. people don't want to be here, they should stay home. we need some good, strong people that want to help the country prosper. todd: thank you, mike. let's go over to pam now. pam says when she saw the terror attack. she said the evil person who did that needs to get the death penalty. why do you say that? >> correct. i think we have to have a consequence for our behavior and actions. if we don't have a high standard of consequences they are going to keep on doing. this so, and i know most of the men or women aren't afraid of consequence he is that are doing these actions. but we have to have something there to stop them. todd: pam, thank you very much. i'm going to go to jim now. jim, you had an interesting take when i talked to you about extreme vetting. you said we almost have a moral obligation to extreme vet individuals.

why do you say that? >> we have to protect our society. what if those 8 people in new york, what if that had been your family, your sons or daughters it's vital that we protect our country. and the geniuses that came up with this idea. and i hear from the news it was senator schumer and teddy kennedy was the one that pushed this through, those 8 people would be alive today if those geniuses had kept their thoughts to themselves. todd: with the little bit of time remaining switch gears to tax reform. you say obviously we need tax reform. why do you say that? >> we are overtacked and it's way too complicated. i'm self-employed. and i spend dozens of hours every year doing nothing but trying to get the forms filled out right. and no matter how hard you try, you can't fill them out right because i don't think anybody knows how to fill them out right. i don't mind paying taxes, but i hate doing the forms. todd: understood. all right, debby, we're

going to go back to you, and i'm going to ask you why you thought sarah huckabee sanders beer analogy when discussing taxes. why did you like it so much. >> i loved it. it broke it down to how we do pay taxes and how it is not fair and it needs to be more fair. todd: i love the comment you said. you said my husband buys that beer. >> we buy the beer. todd: i don't want to upset debby. obviously, a somber day. a focus on the terror situation in new york city. we really do appreciate you contributing to help us out. back to new york city. steve: tord piro in the corner with the folks in indiana. ainsley: great folks having breakfast with. they. steve: coming up next, what should happen to the accused new york city terrorist? >> send him to gitmo. i would certainly consider that, yes. brian: too late. judge andrew napolitano says that would be the wrong move. he joining us next. he is almost here.

the girl reads. ainsley: oh, i do? plus ken starr, congressman steve scalise, dana loesch and newt gingrich. wow, look at that show. brian: you seem surprised ♪ ♪ applause by quicken loans. apply simply. understand fully. mortgage confidently.

steve: should terrorist be considered enemy combat tangt. >> would consider him to be enemy combatant. i think the actions that he took certainly justify that. >> send him to quit gitmo. i would consider that. ainsley: happy as he asked to hang isis flag in his hospital room. he killed 8 people. badly injured 12. should get death penalty. brian: there you go. there's the tweet and here's the judge, judge andrew napolitano. judge, do you like the position that mirandized him yesterday? >> not a question of whether i like it it's a question of whether it's required by the constitution. though not everybody he a

agrees on this. certainly the president doesn't agree. the justice department itself, the people working for jeff sessions, the federal prosecutors downtown decided that under the law they needed to moyer dyes him. i will tell you why, it was babble ling away. he wanted to talk to them. even the talking that was coming out of his mouth was isis propaganda, they have to tell him you have a right not to talk and you have a right to a lawyer. as long as they say that and he manifests some understanding of it, then he can babble away all he wants. steve: at the top of the show i said he is a resident. is he a u.s. legal resident not citizen which entitles him to certain constitutional protections, unfortunately. >> yes. steve: thanks to the visa diversity program. >> however he got in under this program, he has the same rights as american citizen except for three. he can't vote. he can't run for office. and he can't have an american passport in terms of the way he is treated due process whether he wants his life or liberty he has the same right as the rest of

us. interesting the president said in the tweet death penalty. if he is charged and tried and n. state court, there is no death penalty in new york. if is he charged and tried in federal court, consistent with the complaint filed against him by the fbi yesterday, there is a death penalty available in terre haute, indiana, which is where the federal death penalty is administered. ainsley: judge, even if there is ongoing plot, we know this guy knows stuff. he might be planning something else. judge: this might have been a dry run. ainsley: exactly. he still has to be read his miranda rights and is entitled to an attorney and doesn't have to talk? >> yes. the supreme court has made that very clear. why? because of what justice thomas told our colleague laura ingraham last night. and you just ran a few minutes ago. because we're defending the constitution. the constitution was written to protect the people we hate. brian: right. >> people we love don't need the protection. brian: people that hate us and kill us, we actually treat them great. judge: we treat them

constitutionally. brian: it's not anger. it's not anger. steve: frustration. brian: is he acting soldier of the caliphate. we should treat him as soldier of the caliphate. the idea america is not a soldier battlefield is insane. judge: who said that. brian: senator lindsey graham who spent 30 years as a jag officer. judge: i have no quarrel with senator graham with respect to that statement. but, if he really believes that we should declare war on the caliphate, which we've not done, which would then make these people soldiers, which would then make them subject to the queenks, which would then remove them from the prosecutorial system. brian: how do we fight al qaeda? what's our rationalization for fighting al qaeda? judge: they are trying to kill us. brian: these are the same people. judge: why doesn't congress declare war? we cannot take shortcuts around the constitution. the nsa has, because they have the content of his iphone. all the plots and plans. steve: they had it before. ainsley: they should have seen it they should have seen it judge judge they had

for weeks. ainsley: yes or no will he get the death penalty? judge: president said yes, it's up to the attorney general. it's actually up to a jury. it's up to the attorney general to ask for it it's certainly a death penalty case. ainsley: more "fox & friends" coming up. now i'm tu. i text in full sentences. i refer to every child as chief. this hat was free. what am i supposed to do, not wear it? next thing you know, i'm telling strangers defense wins championships. -well, it does. -right? why is the door open? are we trying to air condition the whole neighborhood? at least i bundled home and auto on an internet website, progressive.com. progressive can't save you from becoming your parents, but we can save you money when you bundle home and auto. i mean, why would i replace this? it's not broken. your privacy makes you myt number 1 place to go number 2. i love you, but sometimes you stink.

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♪ ♪ steve: the "wall street journal" slamming the mainstream media for their reporting on robert mueller's investigation of fusion gps. the editorial board stating, quote: one reason so few americans trust the washington press corps is its pattern of group think that den greats anyone who breaks from the conventional wisdom. this as the podesta group's role in robert mueller's investigation looms larger. here with more daily caller investigator luke ros roseiac.

luke, why is it some of the analysis i have read the president talks a lot about fusion gps but don't talk about the connection with tony podesta. >> fusion gps is to the press corps what podesta people gone through revolving door. the whole washington press corps is friends with each other. they monday advertise that mona advertise that it's not a research firm it's influence firm. the democrats paid fusion gps a million dollars to push out this dossier and only gave 160 grand to the intelligence guy to who wrote it not about content it's motorcycling relationships with reporters. steve: one of the things people don't understand out of washington while pau paul manafort's name is in the news a lot. is he a small fish when you compare what he and tony podesta do same kind of business except tony podesta is a big shot in d.c. >> indictment is dealing

with stuff that took place years ago. tony podesta, his brother was top aide to barack obama. and before that, chief of staff to bill clinton. when you are hiring tony podesta, the perception is you are getting access to his brother who is in government. meanwhile, who is paul manafort? whoever heard of the guy before this? he wasn't part of the trump campaign when this took place. he was a nobody. it's one thing to have this guy on the periphery on the republican establishment who is doing unsavory stuff. but tony podesta is at the core of the democratic establishment. this guy is at the center of things. so, if he is involved in this same kind of thing, representing this pro-russian crew rainyian leader, it's really an indictment of what has become of the mainstream democratic party here in washington. steve: that's right. so podesta is leaving the podesta group and think will change their name. we will see what happens next. luke, thank you for joining us live from d.c. >> thank you, sir. steve: still ahead on this thursday, we have ken starr with us, a former special

prosecutor, representative steve scalise and dana loesch and newt gingrich. busy two hours starts in three minutes. ♪ ♪ ♪ ♪ (vo) you can pass down a subaru forester. (dad) she's all yours. (vo) but you get to keep the memories. love. it's what makes a subaru, a subaru.

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ask. >> saipov admit to carrying out the attack and proud of what he had done. brian: entered the u.s. in 2010 under the diversity visa program. >> sounds nice. it's not nice. it's not good. >> everybody wants a piece of this guy right now. the thing that separates us from the terrorist is we have the rule of law here. >> let's talk about this diversity lottery situation. this is a big farce. >> send him to gitmo. i would certainly consider that. >> manhunt intensifying right now for a moan who walked into a crowded wal-mart and just started shooting. >> the president tweeted late tonight saying tomorrow he will officially name the

new head of the fed. >> today is the day we will finally see president trump's historic tax plan. >> it's a ground ball right side could do it. the houston astros are world champions for the first time in franchise history. ♪ ♪ ♪ ♪ ♪ yeah, yeah ♪ it's a party in the u.s.a. ♪ yeah, yeah, yeah ♪ it's a party in the u.s.a. ♪ steve: they are happy. brian: it's great to win. but you always feel bad for the fans. capacity crowd hoping the other team did just that. win. okay. we'll go inside now. ainsley: i bet a lot of people traveled from houston to go to final game. brian: got to get tickets.

ainsley: bet they are really expensive. steve: when you are playing at the opposing stadium it makes it even harder. ainsley: it does. hats off to the houston astros. that's the first time they have won. how many times has the dodgers won? anybody know that. steve: six years ago. ainsley: they have won before. brian: they have not won since 1988. tommy lasorda was the manager then. he was in attendance last night. and he as unable to see another title. ainsley: do you think they secretively liked the fact they lost because he weights last one. brian: he actually physiologically bleeds dodger blue. he does not want the dodgers to lose. steve: dodgers have won six times and houston astros has now won. disturbing new details released about the accused no, terrorist. brian: investigators say he was plotting for an attack. he was doing this for a year. ainsley: julie banderas is live at the scene with newest information.

hey, julie. >> it actually took just 24 hours for investigators to gather enough overwhelming evidence to support the charges against this suspect. and we've got sketches of him. he appeared in court yesterday last night in shackles in his wheelchair. his name i will not utter on air. not to give him the notoriety he seeks for his cowardly act for this act of terrorism he showed no remorse when the charges were read including violence and destruction of a motor vehicle, causing death which carries the death penalty. we've also learned chilling new details of just how he plotted this attack for weeks after being radicalized online. even making dry runs to the city. he wanted to have an isis flag, according to authorities, on his truck during the attack. and an isis flag in his hospital room. and as if that was not enough, two years ago he was actually interviewed by the fbi about terror ties in 2015. but, it turns out a case was never actually opened up against him, after being listed as a -- what is called a point of contact

for two men who were actually listed in a department of homeland security counter terrorism data base after later oversaying their tourist visas. meantime, we have also got new amateur video to show you. in it you can see the 29-year-old suspect aimlessly running around shortly after officer and hero cop ryan nash stopped him in his tracks, shooting him in the leg. listen. >> although we feel we were just doing our job, like thousands of officers do every day, i understand the importance of yesterday's events and the role we played and i'm grateful for the recognition we have received. >> nash, in fact, did fire off nine rounds, shooting the suspect once in the left thigh. he is due back in court on november 15th. back to you. steve: all right, julie, thank you very much. and, of course, yesterday do you think the 6:00 hour, we sought u.s. attorney talk about the charges. he was charged with material support to a terrorist

group. and this is the one that could have actually wind up giving him the death penalty, which is rare in new york. one count of violence and destruction of motor vehicle causing death. that does carry the death penalty. ainsley: under federal law, he can be put to death. under new york state law he cannot because we do not have the death penalty in this state. the president agrees. the president tweeted the new york city terrorist was happy he's asked to hang isis flag in hospital room. he killed 8 people. badly injured 12. should get death penalty. brian: what incentive does he have to tell the truth and nothing but the truth when he is complaining his wounds might hurt and gets a wheelchair. he gets a russian interpreter? he has been here since 2010. he needs russian interpreter. ainsley: uber driver. brian: drivers uber and lyft. wonder how are getting in a car with? now you know. he passed a background check and what the fbi did and what they weren't able to obtain again in 2015. and now we end up in 2017 with an attack. remember the tsarnaev

brothers the fbi talked to them a couple times. unable to find out if they were definitely terrorists. turns out man were they ever terrorists. the fbi should say what kind of latitude they need in order to go with their gut which many times says there is something with this guy but i can't say within the law and arrest this guy. steve: what the judge said was one of the things was you know the federal government had all the stuf stuff. brian: after he got arrested. steve: we know afterwards. this got everybody's emails and phones. brian: did they have it in 2015 when they talked to him initially. ainsley: as soon as you hit send it goes into the database there are certain words they look for that are flagged, red light. this guy had like 90 videos. steve: 4,000 images. ainsley: 4,000 images on his phone. steve: the president of the united states was asked yesterday, okay, what about derailing things and just sending him to gitmo. would you consider that? listen to the president. >> mr. president, do you want the assailant from new

york sent to gitmo? >> i would certainly consider that yes. >> are you considering that now, sir. >> i would certainly consider that . brian: no one told the southern district of new york. the attorney general never stops him. so they mirandize the guy and now he is -- he has a public defender and now he is through the system. he is not declared an enemy combatant. they don't get a chance to do with him what george bush did when he took enemy combatant and put him in south korea into the brink and question him for 30 days. don't do what they did with the tsarnaev brothers and feds stepped in and questioned him to make sure there wasn't enough plot. how do you know there is no other plot and no other people? >> here's the thing. as the judge was just with us. this guy, through this visa diversity program, wound up with a green card. he is a -- whether you like it or not, he is a legal, u.s. resident, which, entitledst him to due process. and the came constitutional rights for the most part that you and i have.

ultimately, you know what? this guy's legacy could be that he caused the federal government, get rid of that diversity visa program that we telling you about yesterday. turns out this guy, when he won the lottery, 5,000 people from his country of uzbekistan were allowed in that particular year. the president the united states yesterday said that guy, the terrorist then, through chain migration was able to bring in 23 other family members. so, imagine, 5,000 people from your country and everybody gets to bring in 20-some people? extraordinary. ainsley: dozens of them come together and say we are all going to apply, whoever gets in you are bringing all of us. ridiculous. brian: leg gales will be the green card program protects you from actually going through the enemy combatant process. here is the president getting rid of the program. he says he is moving right away. >> i am today starting the process of terminating the

diversity lottery program. i'm going to ask congress to immodimmediately initiate work o get rid of this program. d diversity lottery. sounds nice, not nice. we're so politically correct we're afraid to do anything. and that's not only our country, that's other countries, too, that are having very similar problems. and we have to get tough. we have to get smart. we have to do what's right to protect our citizens. we will never waiver in the defense of our beloved country, ever. we'll never ever forget the beautiful lives that have been taken from us. brian: a new yorker, a new jersey guy, and the rest are were from argentina. the others struggling for their lives in many cases in hospitals. the president knows the difference between a terrorist and a common criminal. this guy is a soldier of the

caliphate. he's got to tell his attorney general what to do because sadly, we're going to be attacked again. and this guy cannot be treated like a criminal. he's got to be -- he says he is a soldier of the caliphate. we should treat him like that. ainsley: rush limbaugh sounded off about this. the diversity visa program. listen to this fabulous analogy. >> there should be universal agreement to end any policy that ends up becoming a vehicle for terror. it would be like discovering an ingredient linked to cancer. you eliminate it. you fix it you certainly don't ignore it people should be vetted as vigorously as what we consume is vetted. if our government was as concerned about importing terrorists, as it is about americans consuming carcinogens, we would all be a lot safer. but all of this is another reason why donald trump was

elected. because majorities of people are fed up with what appears on the surface to be the dumbest and stupidest policies a country could have if its intent is to thrive and prosper. brian: this attorney general was supposed to end that and he hasn't. he has done nothing. steve: the president of the united states called yesterday for congress to end it and earlier in the day the president referring to the fact that chuck schumer, when he was a congressman, had this as a portion of the 1990 1990 immigration act referred to as it a chuck schumer beauty. ainsley: what do you think? do you think congress will end the program and listen to the president? send us your emails. brian: yes. tom cotton coming up later. he actually sponsored a bill to get rid of it before this happened. good morning, jillian. jillian: let's begin with a fox news alert right now because we are following breaking news. a manhunt is intensifying for a man who opened fire inside a wal-mart killing three people and driving away. look at that scene. this is the man police say walked into the store near

denver, colorado, and randomly fired near the cash register. two men killed instantly. a woman later dying at the hospital. police say the suspect calmly walked out of the store and drove away in a red mitsubishi hatch back. today campaign aid accused of conspiring against the united states said to appear in court. paul manafort and richard gates already pleading not guilty to charges stemming from conspiracy, money laundering and failing to register as a foreign agent. the indictments do not mention president trump or alleged russian meddling in the 2016 election. houston astros are the 2017 world series champions. >> sanchez success. here's a ground ball right side do could do it. the houston astros are world champions. for the first time in franchise history. jillian: every time i get the chills. astros take game seven, 5 to 1. in houston, tens of

thousands of fans, as you can imagine, going crazy walching on the jumbotron. carlos celebrated by proposing to his girlfriend. she said yes. it's such a night to remember for all of them. steve: thousands of fans at the other stadium where fans were playing. did they have to pay to get in? jillian: probably not. i would imagine not. steve: had to buy the beer. jillian: this is such a nice thing. brian: gotcha. 13 minutes after the hour. president trump calling for end to the visa lottery that brought the terrorist to the united states. tom cotton already introduced legislation to do just that along with senator purdue. is he live next. ainsley: another major blow for hillary clinton the big fall that she just took. that's coming up ♪ ♪ ♪ nobody can drag me down ♪ nobody, nobody

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brian: president trump demanding end to the controversial visa lottery program that brought this terrorist to our country. our next guest agrees. in fact, he introduced legislation prior to this attack in new york. senator tom cotton served in iraq and afghanistan joins us right now.

senator, now people are finally listening to this -- to what you have been saying before and that's the act. what can the president do now? >> hey, brian. it's good to be on with you. you are right. this atrocity in new york has brought to most american people's attention what they probably didn't know is that we have something called the diversity immigrant visa program. there is not much many dumber ways to give out citizenship in this country to do it at a mere lottery on the basis of some kind of diversity. so my legislation would eliminate the diversity lottery and it would focus on bringing in high skilled immigrants that can contribute to our economy and stand on their own two feet and pay taxes and not get welfare. we should move forward promptly with that legislation, especially given the fact that so many of the countries that benefit most from the diversity lottery our own government has problems with terrorism. brian: i agree. is that part of comprehensive immigration reform and if so can the president do anything on the executive level to act on that now? >> brian, comprehensive

immigration reform is often the washington code for amnesty now and enforcement later. which means enforcement never. what we should try to work on is focus on the problems we have security, enforcement, and getting a legal immigration system that works for the american worker. brian: let's talk about taxes. they will finally unveil the program, ways and means in the house. you will get a shot. we will find out what your tax reform looks like. in the meantime, have you an idea. the mandates included in obamacare, put it in the g.o.p. tax reform legislation. expand on that. >> absolutely, brian. so, the mandate, which forces to you buy insurance, no matter what your needs are or what your financial abilities are, it's the most unpopular part of obamacare. two thirds of all americans want to see it repealed. also, budget estimates predict that it would save 300 to $400 billion over the next 10 years. that pays for a lot of tax cuts for working families and for our businesses. so they can help create more jobs. now, i know that this is

something of a creative and unorthodox idea that wasn't on the agenda until we started raising it just last week. but $300 billion is a lot of money to pay for tax cuts for our working families and our businesses. obviously, the president said yesterday on twitter that he thinks it's a good idea as well. and we are getting momentum in the house and senate as more and more of our colleagues realize that this is actually going to help pass a tax bill. not make a tax bill harder to pass but make a tax bill easier to pass. brian: except for you are a democrat who wants to hold on to obamacare. fight you on that. >> the democrats want to tell you how to use your money. that's why they don't support tax cuts. that's why they want the obamacare mandate in place. brian: gotcha. senator tom cotton. always great to hear from you. thank you so much. we will see what happens. >> nanches, brian. brian: did twitter lean left during the election. brand new information this morning. unbelievable. plus, he led the most highly decorated special ops unit of the iraq war. after just what happened in new york, what does former

navy seal jack co-willink think about our war on terror? he also has a brand new book out. we will ask him next ♪ you got to hold on ♪ [laughing] nature's bounty lutein blue. because you're better off healthy.

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♪ ♪ being. ainsley: time now for news by the numbers. first $840,000 that's the street value of all drugs arizona border agents just seized near the mexican border in three day, meth, cocaine and marijuana hidden in three different cars. four people under arrest. next, 65. that's hillary clinton's new ranking on forbe's list of the most powerful women. she was number 2 last year before her historic election loss to president trump. and finally, zero, no american company is making airline ratings.com top ten list.

steve: what? ainsley: yep, for 2013. air new zealand ranks number one. steve: okay. unfortunately they don't fly to kansas city. meanwhile, president trump delivering powerful message following terror attack in new york city. why is it so important to remove in ideology? brian: here to weigh in is former commanders of the seal team 3. the most highly decorated special ops unit of the iraq war jocko willink is with us now. welcome. congratulations on your new book. >> thank you, appreciate it. brian: when you see what happened in new york and you hear he wants an isis flag outside his hospital room and calls himself a soldier of the caliphate. what do you think of? >> well, first of all, obviously it sickens my heart to see that kind of thing. and when i hear many people about where we are going to send him. should we send him to gitmo. i say we skip gitmo and send him straight to hell where he belongs. brian: don't you want the most intelligence possible out of him? >> yeah. we can gather as much intelligence as possible out of him. we can interrogate him as much as we can eventually

hit that bring wall. he is not going to have any more information. let's get him out of this planet. ainsley: jocko, when you look at the evidence that was on his phone, all of the videos very disturbing. 90 videos of him watching horrific murders. steve: beheadings. ainsley: what isis does to people. running over innocent people with tanks. you are reminded that there is evil in this world. how do we eliminate evil? how do we eliminate isis? what do we do? >> first of all, yes, there is evil. the things is he watching is the things that those evil subhumans perpetrate on a daily basis. and the way you get rid of people like that is you kill them. you hunt them down and you kill them. that's what we should be doing. brian: we want to show, according to some, we want to show that we are different than the terrorists. we will be like them if we do that. we won't be -- we're civilized people with rules and laws. what's your reaction? >> actually, yes, we are different than the terrorists. we don't do things that they do. we don't systematically rape 10-year-old girls like they

do. and if that's the way they are going to behave, they don't deserve to live. steve: okay. so, the story line yesterday was that he became radicalized after he came to the united states through this diversity visa program. and it sounds like it all happened online. you know, through the video. through the propaganda. what do you do going forward as a nation to try to turn it off? is there anything? >> absolutely. i think you assault those internet spots where this stuff comes in to the computers. steve: just turn off youtube? >> this is shut down those videos on youtube, absolutely. is that disrupt your freedom of speech? i actually don't care. we don't need that kind of attitude coming into this country. we don't need it in the world. shut it down. brian: wrong mind set. we don't understand that we are in the middle of a war, do we? >> obviously not. ainsley: yesterday we had a guest on that said our country dodged a bullet by getting president trump elected and not having hillary clinton in power. he wants to get rid of this diversity visa program. what are your thoughts on

that? >> anybody that would support at this moment in time the diversity visa lottery, you get to come in this country because you won a lottery and then you get to bring in what is it 20, 25 family members, alleged family members? it's ridiculous. it's preposterous. brian: i sense you are seething about this. i do want to get to your book. discipline freedom. a field manual. this builds off that, doesn't it. >> that's t. does. that's where the idea where the book came from. people asking me questions from a podcast and trying to get all those questions about the way i live into one sort of concise manual that people could follow if they want to. steve: because people want discipline in their life, don't they? they just don't know it in many cases. >> people actually want freedom. what they don't realize is if you want freedom in order to get there you have to have discipline. same thing with our country. want to have freedom in this country have. to have discipline in the way we allow people in our country and discipline the way we protect our country.

ainsley: military teach you that, the discipline. >> absolutely. the military had a big part of my life. in the seal team. you learn if you want to be effective as a leader and person you have to have discipline. brian: you one of the pages in the book you say you you can do everything you want to accomplish in the life. for certain people that's not going to happen. does that mean we don't do it? >> absolutely. i'm a perfect example of that i was never the best athlete. i wasn't the smartest guy. i was a hard worker. just because i'm not going to be the best doesn't mean i'm not going to try my hardest. brian: how do approach life like that. aren't we supposed to be the best everything we do. what is your philosophy. >> of course you are going to try to be the best. you are not going to be the best. i can tell right now have you zero potential as nba basketball player. zero. does that mean you don't get to play it? >> no if that's what you like to do go out and do the best can you. brian: what do i learn from that when i don't achieve my goal in the nba. >> exactly. you learn that persistence,

perseverance and you still take away a lot trying to do something. brian: don't try because they don't think they kook succeed. >> if you can't succeed law going to do sit on the couch and eat doritos? ainsley: what are afraid for the parents afraid to discipline their kids and become such a soft country. >> one thing i say about raising kids is and it's a little bit controversial. i say if you are helping your kids, you are hurting your kids. everything that you do for your kids, if you just do everything for them, they are actually not going to grow. they're not going to learn. a classic example is tying their shoes. when you tie your kid's shoes for them. you actually take away developmental moment where they're going typically prove their fine motor skills. more you do it for them less coordinated they will be. one example in everything do you with your kids. ainsley: i should not tie my daughter's shoes she is one. >> maybe at one. brian: a lot of kids trip and fall on their heads. give them a helmet until

they tie their shoes. ainsley: thanks jocko for serving. >> thanks for having me on. ainsley: here is the book on the table. do you have a website. >> jocko podcast.com. steve: i listen to the podcast every day. it's my black ops. steve: thank you, jocko. president trump says he will consider sending the new york city terror suspect to gitmo. should that happen? ken starr says no. he will explain the no coming up next. brian: did twitter baby left during the election in the brand new information this morning that will really anger you. i don't care if you are right or left ♪ my poker face ♪

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>> let's bring in ken starr former independent counsel in the lewenski and white water investigations. he joins us today from our nation's capital. good morning, judge. >> good morning. steve: what did you think of the president of the united states say he was open to sending this new york terrorist to gitmo and called him an animal? >> nothing wrong with considering all options that's what the president should do. it is a nonstarter, the reason is gitmo was designed for enemy combatants taken into custody by our military in the overseas theater of battle. this horrible human being was committing crimes in the united states he was lawfully in the united states. should he have been here? obviously very bad judgments made along the way. he seems to have been radicalized entirely here. in any event, it's a u.s. crime by someone who is lawfully here. therefore, it's the u.s. justice system. brian: but it's an

international conspiracy possible, why shouldn't he be labeled enemy combatant considering it's his doctrine and declaration says is he at war with us and we know al qaeda and isis is saying the same thing? >> absolutely. but he made it into the united states. once he makes it into the united states it's a new game. brian: didn't two germans come here through long island in world war ii? isn't that the precedence for this case? >> yeah. they were here in the united states and so, yes, if you are saying i are saying should he be sent to gitmo. it's an interesting question. it's whether he should be considered enemy combatant. remember, those characters from long ago were actually in uniform. they were in active military service of a foreign power. this is a very different situation. ainsley: we just had jocko on, former navy seal. he just said we need to combat the enemy by killing them all. the president said give this guy the death penalty. what are your thoughts? >> it's entirely appropriate

case for the death penalty. congress of the united states and every president of the united states has supported the death penalty. i have great respect for those who are abolitionist, no death penalty under any circumstances. some of our states have gone in that direction. that we have been. steve: sure. >> the federal government says for very serious crimes and this is clearly one of them, that the death penalty is appropriate. and i think for the president of the united states to say that it's appropriate to seek the death penalty in this circumstance is entirely appropriate. steve: you know something about independent counsels. you were one for the federal government a couple of times. what do you make what's going on right now with the robert mueller investigation. it was announced there were a couple of indictments. some charges. also, surprisingly, apparently somebody already pled guilty. and that was a big secret until mueller monday. >> yes, i think for one thing it shows hey, don't lie to the fbi. i have read the entire indictment. and it was just stupid.

the guy takes his facebook -- these are all things that he has pled to. these aren't just accusations. steve: george papadopoulos. >> george papadopoulos, this is stunningly stupid. he is a fairly young guy. and he did not have power. but he was officially a foreign policy advisor during the campaign. he should just tell the truth. and not surprisingly, the fbi caught him. i've worked with the fbi for years. they are very good. don't lie to them. and it's very clear that they told him, you know, this will be a crime if you lie to us. and, of course he had emails and all the rest of it. brian: we know he shouldn't lie. ken, in the big picture, where is the wig thing going? these two guys got indicted for stuff they did prior to the campaign. what is mueller up to? >> it's going to russia. look, he is charged with finding out about collusion. and what we're now seeing is that, well, there may be some real issues with respect to the clinton

campaign, right? with this enormously important revelation by the news media. the news media found this out with respect to the op-ed group. the law firm. the possible laundering of money to pay fusion. this is extraordinary turn of events. so i think it was leon pa net tax very distinguished former official in the democratic administration saying he would look to democrats being indicted we need to clean this act up. we need to stop having this kind of foreign governmental kind of interference with our campaigns. steve: ken, do you trust robert mueller. >> i do. i do. i have worked with him. i think is he honorable. i think we have got to watch him. i understand the concerns about campaign contributions by some of the senior people on his staff. i don't like that. i think that's bad it puts an extra burden on bob mueller. bob mueller is an honorable,

honest guy. is he a marine semper five, he has seen combat. is he a good guy. brian: if he does not go after fusion gps is he not doing a fair and balanced investigation. >> he will go where the facts lead. that, i'm confident. brian: if he doesn't go, there is he not doing a fair and balanced investigation. >> from what we know, especially when there is implication of the fifth amendment, which you are entitled to do as an american citizen, one of the great rights that we have. but you bet, if someone is trying to hide the ball, we need to know the facts. and so here is an organization that is saying well, we're just not going to cooperate because, what it would tend to incriminate us. that tells threw is something there or likely something there. steve: we're glad you didn't take the fifth and you answered all our questions today. thank you, ken starr. ainsley: thank you. hand it over to jillian for headlines. jillian: good morning to you and to you at home as well. social media sites buried

tweets related to the dnc email hack in written testimony to the senate judiciary committee general counsel says our system detected and hid just under half of the 48% another notable ##dnc leak. just 2% of the dnc #s came from russian linked accounts and the tweets were hid ton fight spam at the end of the 2016 campaign. cia releasing a half million more documents providing inside look into slain terror leader okd's life. the among videos first video of his son and successor. he watched videos based on his life as well as clips on 9/11 conspiracy theories. that's not all. bin laden had several kids films like cars and chicken little on his computer. in addition though that he watched the viral youtube clip charlie bit my finger and several crocheting

tutorials. university of iowa football game surprising his girlfriend, a member of the band after coming home from training. but, that's not the only surprise he had up his sleeve. look at that popped the question. the couple met at the university of iowa. they were both in the band. got to love when you see stories like that. come home surprise, hey, i have another surprise. steve: two engagements as sporting events. >> best wishes to them. steve: 18 minutes before the top of the hour. janice dean is out on the street where, janice, it is a pretty nice day today. janice: it is a nice day. much of the east coast has warmer than average temperatures. we will take it especially if you don't like winter. let's take a look at the maps. i have the potential for showers and thunderstorms just west of the new york city area. so there are your temps. a little warmer than average. that's going to be the case not only today but tomorrow ahead of this cold front. we do have some showers across the interior northeast and some snow over

the you were midwest and then the big storm system behind that in the northwest bringing the first snow storm of the season for the sierra and california. all right. don't forget, it's fall back this weekend. so turn your clocks back except if you live in arizona. steve: spring forward, fall back. brian: i'm refusing to participate. not doing it. ainsley: we gain an hour. brian: not doing it. steve: fall back. coming up on this thursday. what do voters in indiana think about president trump's new push for extreme vetting? we're going to check back with todd. he's live with the family there at that restaurant in indiana. brian: obamacare open enrollment has officially kicked off. fox news very own will solicit helping you navigate the good, the bad and a little bit of ugly. steve: hi. >> hi. ♪ help me get my feet back on the ground ♪ won't you please, please

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brian: all right. the first obamacare open enrollment under the trump administration officially begun. what do you need to know? ainsley: fox news network anchor gerri willis joins us with the good, the bad, and the ugly. what do we need to know. >> it's bruised, it's battered and back. you have to go to healthcare.gov. have you six weeks to do it. this year three months to to do. if you had it last year and don't want it this year. you better go to the website. automatic enrollment feature and put you back in the plan anyway. steve: how handy is that. that's if you are on obamacare. pretty much every business has open enrollment. started yesterday for people who have employee benefits. >> a whole different kettle of fish. 150 million people. that's most of us, right? here is what is going on.

premiums going up 3% in that marketplace to about $18,700. that's what we are seeing, your share about 5,000. your employer picks up part of that. and deductibles 2,000 for single, 4,000 for families. those prices are going up. and let me tell you, if you are getting that employer coverage, hang on to it for dear life. make sure you are doing it the right way. the best advice here i believe is make sure your doctors are in the plan you choose. might pick the same one each time and find out your doctor isn't in it. major sure your drugs are cord especially if you have a preexisting condition. you have to get those. if your spouse has coverage, be sure to look at their plan, too and make comparisons so you get the best deal for your family. brian: you are missing president obama said you can keep your plan if you want to keep your plan can you keep your doctor so there is no problem. >> maybe can you keep your plan more likely on company coverage, right, than on the aca. steve: so do you check with, because it's really

important. we grow accuss tommed to our doctors. should we check with our doctors to make sure they are still going to be in your company? >> or check with the insurance provider themselves. steve: have you ever tried to get somebody on the phone from the insurance company? >> it's no fun at all. i have got to tell you this is the time of year where they are really listening to people. they want you to sign up. they want your money. this might be a time where they are actually listening to you. ainsley: are you going to be able to sign up? remember when it rolled out problems they had where i w. their internet. website. >> you are talking about the obamacare and the aca. it's been a big problem. one thing people need to think about this year there is a fine if you don't get coverage. $695 or 2.5% of your income, whichever is more, of course. and you are going to face higher costs this year for the average person enrolling, it's going to be 30% higher. let me tell you about the secret sauce here that's really scary. for the lowest income people on obamacare, some of them are actually going to be offered free coverage, no premium. steve: why? >> it's because the insurers

raised their prices so much that the aca requires that the federal government pick up the tab. so taxpayers are going to be paying. this and the bad news is for sole proprietors, people who actually maybe they have a little income, right, but they don't get the subsidy there cost could go up as much as 200 percent. ainsley: healthcare.gov if you are interested in logging on. >> thank you. ainsley: still ahead congressman steve scalise. brian: todd piro is talking to voters at indiana dirnl. todd? todd: good morning, guys. on a day like today the focus is on terrorism, extreme vetting. that's diversity visa program. also going to talk about taxes. a lot of topics to cover here from martinsville, indiana, when "fox & friends" returns. ♪ ♪ ♪ soil is amazing.

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♪ ♪ steve: well, now it's time where we go outside somewhere in america to be really envious of the fantastic breakfast. ainsley: we are going to have breakfast with friends and todd happens to be in martinsville, indiana. hey, todd. >> we are here at indy's restaurant. the food is amazing. on a day like today, following the events in new york city there with the terror incident, horrible, horrible situation, we want to talk to the folks here about their response. i'm goggin with nic as you can see, nic has a newborn son, cypress, 10 months old. he says always he thinks about is keeping cypress safe 100 percent of the time. how does extreme vetting in your opinion do that? >> well, you know, make sure that decent folks are coming

here, you know, in america. we neath need to protect our homeland, you know. scares me when you see -- turn on the tv and another terrorist attack happened. so whatever we need to do to prevent another attack, that's what we need to do. todd: nic, thank you for your time. cypress, it was a pleasure meeting you. you are a good guy. and mom is awesome, too. let's start off with rod. rod, you say we invited the immigration problems we have in our country. why do you say that? >> well, i think we have. i think by the bill that chuck schumer proposed and got passed as an attachment to the bill that he did, invited this person into our country and i think it's improper. i think we have come to the point where we say you can't use hate speech but, yet, we allow a hate religion. we have these people in our mosque right in our prisons, they are teaching hate and preaching hate, they are not preaching and teaching good

things. and then we act like we are surprised when they do a heinous act. i mean it's a trojan horse. there should be no surprise. todd: obviously not everybody but the extremists in that particular religion do that. >> absolutely. todd: i want to get greg's opinion before we have to close out. you say the diversity visa is a horrible idea. why do you say that? >> it's a bad idea because bad things result from it. i think when chuck schumer passed that bill, we have americans dying now because of the folks that come in because of their we have enough of our own problems without importing more problems it's just my opinion that chuck schumer has got blood on his hands and we are sacrificing our citizens on the altar of diversity. and i'm not happy about it. todd: greg, thank you for your time. melissa, we couldn't get to you. melissa is a cpa, obviously we were going to talk about tax reform. she said in this area it's not all about tax reform. we're going to send it back to new york. back to you guys.

steve: all right. todd, thank you very much. coming up in the final hour of "fox & friends," newt gingrich and dana loesch and the president just tweeted, and it's about gitmo. ♪ we'll be counting stars ♪ you do all this research on a perfect car, then smash it into a tree. your insurance company raises your rates. maybe you should've done more research on them. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch and you could save $782 on home and auto insurance. call

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ainsley: disturbing new details just revealed about the accused new york city terrorist. >> admitted to carrying out the attack saying he wanted to kill as many people as possible and was proud of what he had done. brian: entered the united states in 2010 under the diversity visa program. trump: diversity. lottery sounds nice. it's not nice. it's not good. >> let's talk about this diversity lottery situation. this is a big fraud. >> send him to gitmo. i would certainly consider that. >> i say we skip gitmo and send him to hell, where he belongs. >> we all want a piece of him right now. we have the rule of law here. >> the manhunt continues for a man who walked into a crowded walmart and just started

shooting. today is the day that we will finally see president trump's historic tax plan. >> the democrats want to tell you how to use your money, that's why they don't support tax cuts, and that's why they want the obamacare mandate in place. >> here's a grand ball inside that could do it. the houston astros are world champions for the first time in franchise history. ♪ ♪ ♪ steve: why are the clouds so low? there's an inversion layer over new york city, and we've gotten a couple of warmer days and now we're cold. brian: everything's upside

down. it's opposite day. we get rid of florida georgia line and really talk about what's happening here in new york. just revealed yesterday, the accused new york city terrorist is speaking. ainsley: investigators say he was plotting his attack for a year. steve: julie is live at the scene in lower manhattan with new information about the guy a couple of days ago, julie, who wanted to put the isis flag on the home depot truck. >> that is correct. new details coming out about the terror suspect in custody. among them, the fact that he did want to fly those isis flags on his truck during the attack. he also apparently requested isis flags in his hospital room. nonetheless, obviously, his request not granted. but we dove cell phone video taken just moments before the many victims that were hit as he mode them down on a bike path in lower manhattan. argentineans actually riding bikes on a high school reunion trip. among the eight fatalities ranging in ages from 23 to 48 were two americans, five

argentineans riding their bike and one person from belgium. and last night the one and only suspect in the case appeared with no remorse. one count of providing material support to terrorist and one count of violence and destruction of a motor vehicle death. that ladder charge carries the death penalty. in the meantime investigators say he plotted this attack for up to a year after being radicalized online making dry runs through the city. >> search of a cell phone found in a bag that he was carrying. a search conducted pursuant to court-authorized wiretaps revealed thousands of isis-related images and 90 videos. about 90 videos depicting other things. isis fighters killing prisoners by running over them with a tank. beheading them, and shooting them in the face.

>> and before he was able to kill anybody else, officer ryan nash, the hero being held today as he shot this suspect and got him in the leg. got him down before he was able to hurt anyone else. the suspect's next due in court on november 15th. back to you. steve: all right. julie, thank you very much. yesterday during her briefing, sarah huckabee sanders says the white house considers this killer an enemy combatant. the president was asked whether or not he would be open to sending this guy for gitmo, and he said what you know? i was open to that. that was yesterday. this morning within the last ten minutes, the president has been tweeting. ainsley: he said i would love to send the nyc terrorist to guantanamo bay. statistic, that process takes a lot longer than going through the federal system. there's also something appropriate about keeping him in the home of the horrible crime that he committed. should move fast. death penalty. brian: right. i just think there's two issues. one what happens to him. two, what he knows.

and i remember president bush sent two terrorists south carolina for a prolonged questioning without an attorney to maximize intelligence. we found out with the boston bomber, the survivor, they said to them, back off, federal authorities want to question him first. don't mirandaize him. somehow, the attorney general allowed him to be mirandized yesterday. he said he's a soldier of the caliphate. the caliphate want to declare war on us. what other proof do you need? ainsley: well, agree or not, agree or disagree, he has already been read his rights. he's staying here in this country, he will be tried. there's no death penalty in new york, but he will be tried through a federal court. steve: he is a legal u.s. resident, which allows him to due process, essentially as the court said earlier, essentially the same

constitutional rights we have. but essentially they've been able to go through his devices already and just within 24 hours, they've got all of this evidence, so i think they're going to be able to connect a lot of dots. will they wind up with the death penalty? don't know at this point. but ken star, the former independent investigators says it is appropriate that the president should call for the death penalty. >> this horrible human being was committing crimes in the united states. he was lawfully in the united states. should everybody here? obviously, very bad judgments being made along the way. except, he seemed a bit radicalized entirely here. so in any event, it's a u.s. crime by someone who was here, therefore, it's the u.s. justice system. but the federal government says very serious crimes, and this is one of them, that the death penalty is appropriate, and i think it's safe for the president of the united states to say that it's appropriate for them to seek death penalty

in circumstances entirely appropriate. ainsley: he's here on that visa diversity program. he won the lottery. he comes over to the united states and brings 20, plus people, part of his family to come over too. so i'm sure that all applied, the one person, they agreed to take them all. it's a lottery system. brian: and, by the way, the fbi questioned in 2015. one of the stories was one of his girls got out, was walking in the middle of the street, the neighbor got him and brought him back and his wife opened up the door and took the kid in. didn't even thank them for getting her. they all thought something was one with this guy. this is a problem and this merit-based system should be the new system and he along with senator purdue wants to get rid of the diversity program before this attack. listen. >> there's not many dumber ways to give out citizenship in this country than to do it

at a mere lottery on the basis some of kind of diversity. so my legislation would eliminate the diversity lottery and bring in high-skilled immigrants who contribute to the economy, stand on their two feet and pay taxes and not on welfare. we should move forward with that legislation, especially with the fact that so many of the countries benefit most of the lottery that our own government have had problems with terrorism. steve: and this fits into a larger issue where the president of the united states has made it very clear when he was a candidate, he would like to do something about the way immigration works in this country. will this be the impetuous to get rid of the diversity visa program? the more people that his how that works how he was able to come in and then bring 23 family members, no questions asked, a lot of people are going -- ainsley: well, a lot of people don't even know about it. to be honest, i didn't know about this program until yesterday. steve: well, it's part of the chain migration. we heard the president talk about the chain migration. this is part of it right. and we'll see senator schumer

who is actually very strong on terror in many ways. he wants more counter terror funding. maybe he'll get that in tossing out this lottery program, which he naïvely put forward in the 1990s. meanwhile, the big debate we had on the couch is about the national anthem. should you stand if you're unhappy with certain elements in this country? should you feel as though law enforcement prosecutes the law? clarence thomas, the first african-american to serve -- excuse me the second to serve in the supreme court sat down with laura ingram and talked about how disturbing it is that we can agree to stand over something like the national anthem. >> what do we all have in common anymore? when i was a kid, even as we had laws that held us apart, there were things that we held dear and that we all had in common. we always talk about the unum. what's our unum now? some people have decided that the constitution isn't worth

defending, that history isn't worth defending, that the culture and principles aren't worth defending. then, you know, certainly if you're in my position, they have to be worth defending. that's what keeps you going. where all of the criticism, the other things, that's what makes it all acceptable because what you're doing is so important and critical to the things that matter. so i don't know what it is that we have -- we can say instinctively we have as a country in common. ainsley: major league baseball agrees. last night, it was awesome. game seven, the world series, and the los angeles police department sent out their quartet to sing the national anthem and everyone stood. steve: let's listen a little bit. ♪ ♪ ♪ for the land of the free. ♪ and the home of the brave.

♪ [applause] steve: and they were cheered for that. they weren't cheering at the end of the game but were all together for that. and you can hear a lot of them singing along. brian: and there's no doubt about it they're tweaking the nfl about it. not only is it appropriate, and the ratings responded. huge numbers. biggest since 2009. >> yeah. the ratings for the world series has been incredible. actually, even going back a few weeks the ratings have been incredible in majorly baseball. brian: yep. >> developing story out of colorado. we want to get fox news alert intensifying for a man who opened fire inside walmart killing three people and driving away. this is the plan police say walked into the store near denver, colorado, and randomly fired near the cash register. two men killed instantly. a woman later died at the hospital. police say the suspect calmly walked out of the store and drove away in a red mitsubishi hatchback. a month after the las vegas

massacre, the mandalay bay security guard shot by the gunman is back on the job. according to the las vegas review journal, he returned to work monday. the 25-year-old shot on the 32nd floor of the hotel during the rampage of a country music concert that left 58 people dead. campos has largely stayed out of the spotlight with an exception of an appearance on the ellen degeneres show. and a pirate attack in brazil is found alive. onboard in the amazon when they were ambushed by crooks on sunday. at first, police thought the pirates took the family with them after the attack. villagers along the river rescued them on wednesday after a man spotted them floating on a piece of driftwood. they're expected to return home to california. wow. that is an unbelievable story, and i'm sure we're going to hear more once they're home. steve: pirates? remind me not to go there on vacation. >> yeah. let's not do that. steve: holy cow. brian: coming up next, congressman scalise joins us

live talking tax reform and so much more. ainsley: plus, former president obama just revealed a big secret. want a hint? you're looking at it. stick around. ♪ look how beautiful it is... honey, we need to talk. we do? i took the trash out. i know - and thank you so much for that.

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ainsley: the president making it quite clear what he thinks should happen to the radical islamic terrorist behind new york city's deadliest terror attack since 9/11. steve: about 20 minutes ago, the president tweeted would love to send the new york city terrorist to gitmo but statistically, that process takes much longer than going through the federal court system. there is also something appropriate about keeping him in the home of the horrible crimes he committed, should move fast. death penalty. brian: right. here to react, gop congressman house majority man steve scalise. were you upset that he was read his miranda rights right away? >> i think it's concerning that, you know, when you look at somebody who's a terrorist that they're getting this kind of treatment, and i think president trump's right to, you know, put that suggestion out there. ultimately, the justice department needs to be aggressive using every tool they have to go after this guy and throw the book at him, whatever the harshest penalty

they can put forward is the right thing to do. ainsley: you think he should get the death penalty? >> he should absolutely be eligible and get the death penalty. steve: well, you were -- the republicans were going to unveil their tax proposal yesterday, but then the course of events here in new york city derailed that. later today, we're going to hear more of the details. what can you tell us right now about what your plan is? >> well, later today, we're going to be rolling out our massive tax cut bill. this is a proposal that's going to cut tax rates for all families. it's going to help us rebuild the middle class. it makes us competitive again. on the corporate side right now, as you know, we have the highest corporate tax rate in the world, and what that's meant for small businesses, you're seeing jobs flee leaving the country, going to other countries like ireland and canada. let's bring those jobs back, let's rebuild our middle class. that's what our bill does. brian: right. what about cutting the top rate? word is you're leaving it at 39%, that's where president obama jacked it up

to. >> yeah. what's going to happen is a lot more of people's income will be taxed at the lowest rate, both down at the 12% lower rate and 25%, so we're lowering rates. so your income tax at a lower level. doubling the standard deduction. this is going to be a great win for middle class families, blue-collar workers, instead of a 12,000 deduction, you will be able to get a $24,000 deduction. and what that means is simplicity, reform in the tax code. over 90% of americans under our plan will actually be able to fill out their taxes on a postcard. think how simplified that will be for most families. >> so you're leaving the top rate? >> the top rate is still in place. but, again, more income is going to be taxed at the lower rate, which is a win for everybody. and, again, really for the middle class. they're going to see about $4,000 more in their pocket. steve: what about state and local taxes and home mortgage deduction? >> the home mortgage interest deduction is still in place. you can also deduct your property taxes. state and local taxes go away

under this. but actually, we worked with a lot of the members from those states like new york and california, illinois, minnesota, new jersey. they're going to actually come out better. a lot of their constituents are going to see a real tax cut under this plan. and, again, a more simplified code and a code that brings economic growth where you're actually going to see jobs coming back to this country. you're going to see real economic activity. that's going to be something that grows the economy all across the board. more jobs per people, better wages for families. you're going to see tremendous benefits all across the board with this tax cut plan. and, look, we're working very closely with president trump who's been the champion at this from the beginning. he's wanted to cut taxes for middle class families and really get our economy going again, and this bill will do that. ainsley: congressman, you look great. congratulations on being back. >> great being back. ainsley: just ahead, newt gingrich is here to talk how the president can end the diversity program and allow the new york city terrorist to

walk on american soil. steve: plus. before moving to new jersey, that suspect spent several years in tampa. brian: former attorney general joins us next to explain whether her investigation stands r visitor experience. improve our workflow. attract new customers. that's when fastsigns recommended fleet graphics. yeah! now business is rolling in. get started at fastsigns.com. yeah! now business is rolling in. booking a flight doesn't have to be expensive. just go to priceline. it's the best place to book a flight a few days before my trip and still save up to 40%. just tap and go... for the best savings on flights, go to priceline.

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brian: quick headlines now. president trump expected to run his pick of the federal reserve today. that's what the building looks like. expected to be jerome powell. please don't tell anyone. it's a surprise to him. he's currently governor and top leadership role in the bank. if confirmed by the senate, will replace janet yellen when her term ends. and iceland's volcanowe could

soon erupt. a series of earthquakes could indicate it's about to blow. there's fears that it could repeat of another volcanic eruption in 2010. that sends thousands of tons of ash into the air delaying and canceling thousands of flights in europe. now let's go over the edge to steve and pam. steve: thank you, brian. fox news alert, disturbing new details just being released about the accused new york city terrorist. investigators say he plotted the attack for almost a year. and if that's not alarming enough, he was actually interviewed by the fbi about a terror tie in 2014. but a case was never opened against him. apparently, there was not enough evidence. this as the fbi releases wanted poster for a second person of interest, both with addresses in tampa. so what are florida investigators doing to look into those connections? let's talk to florida attorney general pam bondy. attorney general, thank you very much for joining us. what can you tell us about this guy? >> well, i can tell you that he hasn't lived in florida, obviously, in quite a while.

and in florida, what we've done is we've created, steve, the terrorism task force, which florida department of law enforcement. what we do so great there, we work so well with the fbi hand in hand. and that's what's happening here. but, of course, a lot of this is pending investigation. a lot of it is kept quiet. i can tell you that florida law enforcement officials with the fbi, they are interviewing every known associate, every person this guy ever came in contact with in our state. steve: that's right. >> we've got great law enforcement. and last year, in fact, legislatively, we increased florida department of law enforcement for situations just like this. because these people are all over our country, and we've got to be able to vet them. and if there's a warning sign, we've got to be able to look into it. steve: well, i like the fact that you said we've got to be able to vet them. but this guy got in on that diversity visa program that's, like, i won the lottery. essentially, no questions asked. >> well, first of all, when you call anything a lottery, that frightens me to come into our country.

steve: right? >> people have to be vetted. of course, we want all good immigrants to come into our country. that's not an issue. but in the day and age in which we live and with the mass tragedy that just happened here right around the corner from us, we have got to vet people coming into our country. it cannot be a simple lottery system. steve: indeed. you have been coming on this program for a number of years talking about the opioid problem when the president of the united states made the big announcement last week, you were there as well. >> yes. and thank you for talking about that. president trump cares so deeply about this innocent epidemic. it's a crisis in our country. and if i can give one message to parents, you know, they're putting this heroin, seven grains, practically of can kill a child but they're putting it in pills like to

help kids. >> because it's cheaper. >> it's cheaper and the dealers are selling it to them fast and easy for $2 for the first pill to get them so addicted. kids aren't -- a lot of kids are getting addicted without knowing they're intentionally taking it the first time. so, please, don't take any pill from anyone who you don't know and you don't know what it is. that's the thing that's so frightening right now. but we've got to attack this. i just finished the president's commission from law enforcement. i am firmly, firmly believe in protecting our borders and stopping the flow of this. as well as education prevention and treatment, which is crucial. steve: you know, years ago, there was a certain shame with saying, you know, somebody in my family is hooked on drugs. now it seems to impact every single family, wherever you are on the economic food chain. >> you know, that's a great point because yesterday, we heard testimony from survivors and from families who have lost children. and, you know, a great woman

testified, and she said, you know, if my family member had cancer, people would be bringing me casseroles. but not because my child overdosed from heroin, and that's the stigma. it's a disease, it's a sickness, and we've got to help people in this country. >> because you've been helping the president with this. any possibility you might be the new drug sar? >> i'm very happy being the attorney general of the great state of florida, and i'm proud being part of his team in the west wing helping him as a friend in the white house right now. and we're getting so much done. and it's really -- i just love helping people. steve: all right. well, thank you very much for dropping by today. >> thank you. steve: attorney general of the great state of florida. well, you just heard her take on the diversity visa program. newt gingrich is all fired up about it as well, and he is next. plus, former president obama just revealed a big secret. you want a hint? well, you're looking at it.

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>> well, the president tweeted this morning saying he would love to send the new york city terrorist to guantanamo bay but statistically, that process takes much longer than going through the federal system. there is also something appropriate about keeping him in the home of the horrible crime he committed. should move fast. death penalty. brian: and i love the fact that the underwear bomber is complaining about solitary confinement and how brutal it is. he should have thought of that ahead of time. first, newt gingrich fox news contributor. you convinced, newt, that we handled this the right way?

>> well, look, i don't want to second-guess the police in the current system. but what we need to do is invent a new system. this person is an enemy combatant. they're not a normal criminal. brian: he called himself that. >> congress probably needs to -- right. so congress probably needs to pass a law that says people who are identified as enemy combatants don't get miranda rights. we have to fight this through the supreme court. but the fact is you're dealing with terrorists. the first thing you want to know when you capture a terrorist is what do they know? not -- more important what they know and, of course, the current bias right now is protecting the rights of the innocent, which is exactly right in criminal law. but when you've got a guy who's driving a truck and killing eight people, you don't have an obligation to say, oh, we're going to give you the benefit of the doubt. this is an enemy combatant. this is a person who has sided with the other team. if he were an american citizen, he would be a traitor. and we really need to revise our laws to recognize that

we're in a worldwide campaign. i mean, everybody focused on raqqa and syria. the truth is there's an isis-type campaign underway in the philippines. we just had americans killed in niger from an isis-type campaign. we have people in the united states like this guy who are being radicalized, and it's not just about immigration. it's about radical mosques, it's about things that are networked on the internet. we need a much more aggressive and tough-minded approach to defeating people who are our enemies. so they're not confused, not mental health, they're enemies. ainsley: what did they if the defendant do revise the law, and he doesn't have to -- or going forward, anyone who does this again doesn't have to be read their miranda rights. how can we assure ourselves that they're actually going to talk? >> you can't assure themselves they're going to talk. if they're surrounded by lawyers saying they don't have

to say anything. we had a good track record doing it without torture. there are lots of things that you can do to get people to talk that are short of torture. and i think you want a sophisticated facility. you don't have to go to guantanamo if you change the laws inside the u.s. what you can do is get involved in a trial where the defendant has the right to make you reveal your sources. and suddenly, is you're having to put your entire system at risk in order to try somebody, and that's why we've always been very resistant to bringing some people back here to trial because we knew their trials would reveal our secrets. steve: okay. newt gingrich says change the system, and it starts with congress. all right. the reason that guy was in this country is this diversity visa program, newt. and a lot of people had never heard about it before, but he was able to win the lottery, he came to this country, and then brought 23 relatives with him. the president says that congress should just, you know, pull the plug on that

thing. what do you think? >> you know, if you just applied common sense, you would realize how often donald j. trump is right and how often his critics are just stupid. listen to what you just said. this guy wins the lottery and then brings 23 relatives? the average american has no notion that's going on. what we did over the last 10 or 15 years is we bent over backwards, the germans are even worse than we are, the scandinavians are worse than we are, to commit cultural suicide and said, oh, please, let us make sure that people can come to our country from countries that are radical. but let me remind you. this is more than immigrants being radicalized. there are americans being radicalized. the santa barbara terrorist was an american, although his wife was from overseas. the orlando terrorist was an

american, although his father had come and was first generation and in many ways anti-american. we're going to have to be much tougher about the mosques, we're going to have to be much tougher in terms of what's happening with the internet, and i think we're going to have to allow the police to be more aggressive. new york prior to the current mayor had a very, very aggressive intelligence system. steve: yeah. >> probably the best city system in the world. and, of course, the current mayor is just totally out to lunch. has no idea what terrorism is and is mystified by all of this. brian: yeah, we have to whisper during the shaw as though in case he's watching because he's still sleeping. he gets up at about 11:00, works out, and then rests in his office. he's just a train wreck. meanwhile, let's talk about the house republicans. today, they're finally going to unveil their tax reform plan. they're having a lot of trouble getting on the same page, newt. they're not going to lower the top rate. does that bother you? >> no. look, i am for the largest possible tax cut that they can pass.

one of the lessons i hope they've learned from the obamacare experience is you have to have 218 in the house, 50 senators, the vice president, and the signatures of the president. you show me a tax cut that meets the requirements for it. i would like it to pass. i would like it to have as much reform as possible, but i want it to pass. they can get to a 20% corporate rate, they can dramatically reduce small business taxes down to 25, which is a huge cut from where it is right now, and i am for it. they can double the middle class deduction, i'm for it. and now they're going to have to maneuver some. that's the legislative process. whole point of the legislative process is how do you get the votes? and it's the right of every member to say my view is better off or it's not better off and if you can't make it better off, i'm not voting for it. but i think on balance that they've done a tremendous job. i give paul ryan a lot of

credit. i give kevin brady, the ways and means chairman a lot of credit. they've been flexible and given up things that they would love to have and know they can't get them. i think they're on the edge of a truly great achievement that will lead to an economic boom of enormous proportion. brian: we'll see if we get the announcement today. no. annuity gingrich, thank you so much. ainsley: thank you very much. good to see you, mr. speaker. let's hand it over to jillian who has headlines for us. >> good thursday morning to you guys at home as well. we have a new fox news alert. president trump will make a job new testament in just a few hours at the white house. >> we'll be announcing very shortly a major company that's moving back into the united states. a major name. people are going to be very surprised, especially the country from which they're leaving will be surprised. >> won't wait to listen. the announcement comes as we learn u.s. workers productivity has increased 3% in the july and september

quarter. the best showing in three years. new jobs numbers are due out tomorrow. the cia releasing nearly a half million more documents providing an inside look into terror leader osama bin laden's life. the first video of his adult son and potential successor. we're also learning he watched movies based on his life as well as clips on 9/11 conspiracy theories. that's not all, though. he has several kids films like cars and chicken little on his computer. in addition, he watched the viral youtube clip charlie by the my if i didn't and several crocheting tutorials. and shocking video showing the moment a woman escapes for all car when she runs inside to ask the tenet for help, he speeds away. police arresting that man who was already wanted for attempted murder. the woman says he broke into her home, strangled when she was sleeping and stuffed her into his car. all right. so a little

advice. if you ever meet former president obama, don't ask him for a self. >> i don't know michelle and myself, this seems trivial, but it's not. no selfs. one of the weird things when i was president is people were no longer looking me in the eye and shaking my hand because they approached me either like this or like this. >> there's no pictures. didn't happen; right? obama laying some ground rules at the first obama foundation summit in chicago. he said by skipping pictures, he can have actual conversations with people. i don't know. you guys think that's going to work? steve: a selfie ban? >> i don't think so. steve: it's the culture. everyone asks for one now. coming up, former first lady michelle obama is slamming men. but is she blaming women? >> are we protecting our men too much so they feel a little entitled and a little, you know, self righteous

sometimes? >> dana loesch has been thinking about what the former first lady says, and she wants to discuss it coming up next. ainsley: and todd pie row is talking to voters in indiana about the big issues of the day. we're going to talk to him coming up next listen up, heart disease. you too, unnecessary er visits. and hey, unmanaged depression, don't get too comfortable. we're talking to you, cost inefficiencies, and data without insights. and fragmented care, stop getting in the way of patient recovery and pay attention. every single one of you is on our list. at optum, we're partnering across the health system to tackle its biggest challenges.

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including immune system problems, or if you've had an organ transplant, or lung, breathing, or liver problems. because who wouldn't want...that? ask your doctor about opdivo. see opdivotv.com for this and other indications. bristol-myers squibb thanks the patients, nurses, and physicians involved in opdivo clinical trials. ainsley: president trump demanding an end to the visa lottery that brought the terrorist here pushing for a merit-based system. instead, our next guest agrees and says lawmakers keeping us -- are keeping us from being safe, and they are not doing their jobs. radio talk show host dan dana joins us now with more. good morning to you, dana. >> good morning, ainsley. thanks for having me. ainsley: you're welcome. so do you think becoming more diverse is a good reason just to let anyone in on the lottery system? >> well, i think that there's

a misdirected way about how so many individuals look at the diversity lottery and immigration. i mean, diversity's great. legal diversity's great and making sure that you're vetting individuals properly who are coming into the united states. and the president is correct because this diversity lottery, this individual, this terrorist who came in from uzbekistan came in in 2010 who was able to bypass a lot of the immigration law thanks to this diversity lottery. and i'm not quite sure why this is in place. i think we can have a lot of discussion about that on a deeper level. but at the same time, while we're looking that making sure that as a country, our citizens are secure and that we are thoroughly vetting individuals who are coming into this country, and uzbekistan, we also have to remember that there are a lot of recruits for isis that are coming from uzbekistan for one reason or another. i think it's completely fair for a country that says what you know? we need to reduce these numbers or put a moratorium on this program completely.

and, ainsley, i want to make the point as well that every country on god's green earth has afforded to make sure that their citizens are protected and every border is secure. every country but the united states. that has to change. ainsley: do you think congress will get rid of this diversity visa program? >> i hope so. i hope that they do take action. i think that they're waiting too long on certain immigration reforms as it is. and while we don't know, really, ultimately what radicalized this individual, he did come in 2010. this was before the wider spread refugee problem, the refugee crisis. we still need to find out what radicalized him, where he was radicalized. but, again, it's important to note that a number of isis recruits have been coming from uzbekistan. uzbekistan has also been helpful to us in afghanistan. unless someone can make the argument, i'm open to being persuaded that it is great for the national security and great for the united states to do right now, we need to. ainsley: dana, first obama foundation happened in chicago.

president obama spoke first and then michelle obama took the stage. and this is what she had to say. >> or are we protecting our men too much so they feel a little entitled and a little, you know, self righteous sometimes. but that's kind of on us too as women and mothers. >> yep. >> you know? as we nurture men and push girls to be perfect. ainsley: dana, your reaction? >> oh, boy. ainsley, as a mother of boys, this conversation got me. okay? because i feel as though we live in a society that has a sword drawn at men. i feel we live in a society where men are the enemy, and they're told that virtually every single day. i mean, look back at the uva rape story that rolling stone did. we live in a society where women, i feel, are quite demanding. women are in the streets marching for abortion on

demand, so this really struck me as odd. let's raise men to be gentlemen, women to be ladies and for both sections. i don't think that serves any purpose to cut men down that way. i know she has daughters but as a mother of sons, i disagree. ainsley: dana loesch, thank you for joining us. >> you're welcome, ainsley. great to see you. ainsley: coming up, what do voters in indiana think of president trump's new vetting? we're going to check in with indy's restaurant. that's next. but first, we're going to check in with sandra smith to see what's coming up next on her show. hey, sandra. >> we are waiting on the comments from attorney general jeff sessions this morning as the suspect in tuesday's new york city attack has been charged with terrorism. also, republicans this hour on taxrer form. the big reveal coming just hours from now. senators john kennedy and ron johnson join us on that and more. and the cia releasing nearly

half a million osama bin laden files on that 2011 raid. what we are learning. america's newsroom join bill and me top of the hour ♪ at lincoln financial, we get there are some responsibilities of love you gotta do on your own. and some you shouldn't have to shoulder alone. like ensuring your family is protected, today and tomorrow, no matter what the future brings. see how life insurance from lincoln can help start protecting your family's financial future now, at lincolnfinancial.com.

his family. his steinway, which met a burst pipe. so grant met his insurance: you are caller number 12. which didn't quite cover the steinway.

but what if he'd met pure insurance? owned by members. he'd have met: lisa, your member advocate. who'd introduce him to gustav, a temporary address, and help him get tickets to the mozart festival. excuse me, grant likes beethoven! uh, the beethoven festival. pure. love your insurance. steve: all morning long, todd piro has had a large plate of bacon in front of him. ainsley: that's very enticing for you, steve, isn't it? steve: yes. i love bacon. ainsley: todd is having breakfast with friends. where are you, todd? >> we are in indiana in a diner and like it is back in new york, the topic today is the diversity visa program. everybody is fired up about it. and we're going to begin with master sergeant in the army. i got that wrong all morning long. thank you for your service to our country.

and you say this visa diversity program is a joke. why? >> well, it's uncomfortable. i spent 24 years in the military, and the things that i have had to go through that my family has had to go through to get my security clearance, to be able to get on a computer to protect this country in order to protect this country. they had to jump through all kinds of hoops, and i had to jump all kinds of hoops. so for somebody to just get their name from libya or wherever uzbekistan, to get their name just drawn out and let them become american citizens? no. that's wrong. >> understood. kenneth, thank you for your time. >> lindsey, you say we need stronger vetting. why? >> well, we're letting too many people into our country that we don't know what their background is. and as you can see, we've had one incident after another. that's been really bad. >> understood. cindy, thank you very much.

darrell. you say the death penalty in this situation with regard to the new york city terror incident is justified but not yet. why? >> yeah. i believe he needs to be put to death, but i would like to keep him around and would like to get as much information out of him about why he did it, what they could do to stop some of this, and find out more information. >> thank you for your time. and before we go to break, we have a purple heart recipient back here. we have two other men who bravely served our country in vietnam. i want to give a big round of applause for these men. especially on a day like today. more fox and friends when we come back coffee roasters sumatra reserve. let's go to sumatra. the coffee here is amazing. because the volcanic soil is amazing. so we give farmers like win more plants. to grow more delicious coffee. which helps provide for win's family. all, for a smoother tasting cup of coffee. green mountain coffee roasters. ♪

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