college enrollment rates in the state. that wraps up this hour of "fox and friends" first. tomorrow is friday, see you back here zen. have a great day, goodbye. >> the whole world can see it. jillian: february 1st, fox news alert, donald trump could decide any minute, abuse of power, the fbi firing back, dealing with brand-new trouble. former deputy director andrew mccabe is accused of hiding for weeks. >> a jarring type of sound and feeling almost like an explosion but the train kept going on. rob: a amtrak train full of republican lawmakers slammed into a truck, live on the scene. jillian: apparently that crash, was god working hard? liberal commentators thinking the heavens for that fatal train

wreck. "fox and friends" first continues right now. ♪ ♪ jillian: todd requested this song and they played it for him. rob: i never heard this song for. rob: you are watching "fox and friends" first thursday morning. >> thank you for starting the day with us. you can see that highly classified memo alleging abuse of power in the fbi as early as today. >> the director of the agency

pushing back as the feud intensifies. here are the breaking details. >> reporter: a 5 day clock started ticking on this back on monday, 5 days for the white house to decide whether we should all see what is in this mysterious memo. if you listen to john kelly it sounds like the white house is leaning towards releasing it but right now the lawyers are looking at it. >> slicing enticing, looking at it. >> did you see? what do you think? >> it will be released pretty quick and the world can see it. >> reporter: republicans say it is alarming detailing fbi abuse in the russia investigation. the fbi stance on this has been pretty clear, they issued a statement saying we have grave concerns about material omissions of fact that fundamentally impact the memo's accuracy. >> you need to take with the fbi

is saying seriously, not to say this memo can't ever be released or couldn't be released in modified form. >> what is the option? are we going to pretend this hasn't happened? this national discussion is an ongoing and we are not going to see what is in this memo? >> reporter: into the question of transparency. democrats are alleging the memo was changed before it was sent to the white house. republicans dismissed those concerns describing them as minor edits. back to you guys. jillian: more to come. the public release of the memo divided on party lines, assistant director danny colson worked for the department for 31 years. todd: there's a lot at stake but if the fbi's politicized the american people deserve to know. >> what we are talking about is was there any effort or any attempt or any actual success in misleading the court?

if that happened then i we need to know about that and the memorandum has to reflect that question and that answer for the american people. there's a lot at stake, not just a memo but the reputation of the federal agency. the pfizer court is essential for the war against terrorism. i used it many times and we need that and if we somehow denigrate the process that allows the court to reach a decision that hurts everybody, very circumspect about what the bureau tries to bring them and we need to know the facts. if that happened the people that did that if it was done need to be severely judged on what they did. if they didn't do it we need to know that too. todd: there have been several departures from the fbi including james comey, peter strzok and andrew mccabe. jillian: a delete train crash in virginia, that train carrying gop lawmakers and their families

collided with a truck. todd: griffin comes in virginia where it happened. >> reporter: good morning. you see the railroad crossing behind me where shortly after 11:00 am, across those tracks, collided with the train, 50 miles an hour. we know the name of the one fatality, christopher foley, 28 years old, was a passenger, one of three on that trash truck. members of congress writing on the train spoke to cameras about what it was like when the impact happened. >> a jarring sound and feeling almost like an explosion but the train kept going. >> instantaneous death. we attempted to us resuscitate him but i don't think he suffered. >> something you don't ever want to see. >> reporter: of the three passengers the one fatality, one

person in critical condition, one walking away from it with minor injuries, members of congress, gop congressman turned first responders, 7 or 8 were doctors, paul ryan applauding their actions. take a listen. >> i'm so thankful for the people who sprang into action today, so thankful for the capital police, first responders and physician members of congress who sprang into action, thank you so much for what you did today. it reminds you sometimes how fragile life can be. >> the ntsb working through the night. i spoke yesterday at a press conference, and asked about some of the factors at play as they investigate this accident. listen to this. >> blindsided crossing factor

here. >> looking at those factors. >> the ntsb saying it could take days or months before the full report, but taking into consideration all the factors, this is somewhat of a dangerous rail crossing and rail crossings like this which could have blind spots with speed and other factors, commonplace for accidents like this. eric: amazing it wasn't worth. jillian: thankful that it wasn't worse. the white house making a commonsense deal on immigration reform despite ongoing resistance from democrats. the administration breaking down the call to end chain migration, 70% of legal immigration through family ties, half of all immigrant households get a handout from the government as

the flow of immigrants without skilled means smaller paychecks which hurts american workers, democrats hoping for a daca deal by february 8th funding, extending temporary protected status for 7000 syrians living in the united states, secretary kissed and neil says conditions have not improved enough in the middle east to send them back. a new deadline for the program is september 30th next year but could be extended again. todd: any attempt to cut oil supplies to north korea could lead to war after the united nations introduced a wave of tough oil sanctions aimed at curbing rogue nations nuclear weapons development. russia cautioning donald trump not to place for the sanctions they a blockade to deliveries would be interpreted as a declaration of war. defense system designed to protect hawaii from a possible nuclear attack just failed another test making this the

second failure is june. the anti-ballistic missile interceptor is a land-based system designed to shoot down any threat from north korea. the most recent successful test was in february 2017. jillian: they served our country and put their lives on the line, now they are going for gold, us soldiers will compete in the winter olympics in bobsled events, two won metal that the vancouver. todd: best of luck to nate weber, sergeant justin olson, captain christopher vote, nick cunningham, emily sweeney, taylor morris and sergeant matthew -- jillian: we will be watching and cheering you on. 9 minutes after the hour, republican pfizer memo could be released any minute. mike baker is here with why the american people deserve answers. todd: the unprecedented measures

years in the making. jillian: nancy pelosi going viral during the state of the union. >> nancy pelosi look like that all the time. she should smile a lot more often, the country would be better for it. >> sarah sanders's advice for the house minority leader. ♪ i have type 2 diabetes. i'm trying to manage my a1c, then i learn type 2 diabetes puts me at greater risk for heart attack or stroke.

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colds are gonna call. answer them with zicam! zicam. get your better back. now in delicious fruit drops. if these packs have the same number of bladder leak pads, i bet you think bigger is better. actually, it's bulkier. always discreet quickly turns liquid to gel, for drier protection that's a lot less bulky. always discreet. todd: the clash between the fbi and the white house growing over the release of the controversial republican memo documenting alleged surveillance abuses during the 2016 election. any minute donald trump could make a decision whether or not to release it. >> don't worry. [laughter] todd: covert operations officer

mike baker, mister baker, good to see you this morning as i want to read a partial fbi statement on the memo saying, quote, we have grave concerns about material omissions of fact that fundamentally impact the memo's accuracy. in light of these comments by the fbi should this memo be made public? >> we are in strange territory. normally i would air on the side of caution and on the side of the fbi. a lot of former, current agents have a great deal of respect for them, although men and women on the streets but this is a bigger issue. they have to release this memo and the reason is, this will sound simplistic or touchy-feely but they have an optics problem now. it speaks to the credibility of the bureau. at this stage of the game they

can't be -- i can't believe the white house would now want this back, john kelly is a serious minded individual. if he indicated they will release this memo that is what they will do but they have to get it out to the public and they should also release the democrats memo. we need some transparency because the core issue here, the american public's perception, an important institution and its credibility is in question. releasing the memo, be as transparent, explaining the background and context of this memo to the public -- >> are you concerned about the ramifications, and the general public. >> there are levels of

sensitivity when talking about classified material and sources and methods and i think that here, the public need for transparency, national security perspective firming up our belief in our important institutions and foundations, in this case beats this overwrought political battle. both sides will cherry pick out of this. when this memo is released nobody should believe this will draw a line under the issue, that explains it all. both sides do what they do now which is shaped to form and strength, there is a possibility, you can argue this is a bad precedent, every time we go to the torturous process.

antifa todd: a former league until this week, apparently learned of the hillary clinton documents and anthony weiner's computer a month before the fbi alerted congress. >> that is a real problem. and the situation, the conversations between peter strzok and lisa page, the fact that he was aware of these things ahead of time and held onto the release. the concern the public has, can we trust one of the most important institutions in the country, i would vote as much transparency as possible. why hold onto the democrat memo, the conversation and let's move

on to the important issues of this country. todd: your insight much appreciated. jillian over to you. jillian: tray gouty the latest republican, the south carolina lawmaker announcing he will retire after this term and return to the justice system saying, quote, whatever skills i may have are better utilized in a courtroom than in congress and enjoy the justice system more than the political system. as i look at my career it is a job that both seeks and rewards fairness that is most rewarding. he serves as health oversight committee chairman and the benghazi investigation. give us a smile, the white house press secretary sarah sanders calling out house minority leader nancy pelosi for her constant scowling and frowning at the state of the union address. >> i think nancy pelosi look like that all the time. i think she should smile a lot more often, the country would be better for it, she seems to

embody the bitterness of the democrat party right now. jillian: she was not the only sour face during the president's speech, sanders says it is time for them to make a decision whether they love america more than they dislike president. todd: he could've talked about socializing medicine and had that reaction. 19 minutes after the hour, high school teacher bashing the military. >> intellectual people, not more. jillian: weight until you hear john kelly's fiery response to that. jillian: remember the coach leaving his football team in prayer, another school on that face. ♪ like the royalton riviera cancun for 54% off. everything you need to go.

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>> game time for minneapolis police just days until the super bowl, officials say they are ready to keep millions of people safe at all the week's events. todd: how are they stepping up security? >> the last time minneapolis hosted the super bowl was 1992 and pagers were a major form of communication. remember these? technology has changed quite a bit, there was the threat post 9/11 and more recently after the las vegas massacre. authority in minnesota say they are ready for anything. >> we need to make sure as a symbol of our freedom for americans to get together to enjoy their pastimes we need to make sure their safety is first and foremost. >> thousands of members of law enforcement will blanket

minneapolis ahead of the super bowl showdown between the patriots and eagles. they will be monitoring the situation, so residents and fans can expect increased police patrol, numerous bomb sniffing dogs, helicopters and thousands of cameras spread across the city. >> due to its size and scope, it it is and can be an attractive target. we don't have any credible or specific threat but we will actively monitor channels with international partners. >> philadelphia and new england coaches have done the x and os, felt their game plan and law enforcement, the same thing. we planned, trained, game time for us and we are ready. >> they are taking the event so seriously they sent a number of customs and border patrol agents to minneapolis to x-ray every vehicle going into the stadium but they need public's help, if anyone sees anything suspicious,

report it to the authorities immediately. >> after being banned from the west wing personal cell phones may be banned, sector of the fence james madison considering banning phones and other wireless devices like fit bit, employees not ready to bring their personal devices into classified areas after reports that heat maps of soldiers workouts were previously undisclosed overseas. >> praying is a years long tradition for one high school but an atheist group wants to end it forever, freedom from religion foundation telling west branch high school in ohio it is unconstitutional to pray before sporting events, school officials are pushing back. >> people are angry and they are angry because we have ceased the practice and do not want to take away a long-standing cherished tradition in the district. >> the district stopping the

tradition but hopeful to bring it back once an investigation is complete. jillian: 25 minutes after the, deadly train collision, republican lawmakers springing into action after an amtrak train slammed into a truck. >> jarring sound almost like an explosion. >> you don't ever want to see. jillian: michael burgess was on the train and joins us live next to share his story. todd: a smokescreen to cover up some embarrassing news about the state of their own party, democrats broke. ♪ that's what i want ♪ that's what i want ♪ ♪ that's what i want ♪ keyboard clacking ] [ keyboard clacking ]

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todd: did the train collision, republicans and families on the way to a retreat in west virginia into a truck. jillian: some lawmakers springing into action administering aid to victims. texas congressman michael burgess was on the train and joins us on the phone. thank you for joining us. i want to start with you are waking up this morning thinking back how yesterday played out, the fact that it could have been a lot worse which are you feeling and has it hit you yet? >> the second question is i don't think it has, the full scope of it has hit. as i look at the pictures you are showing on television of the theme, continue to develop today, i acknowledge the situation is bad as it was could have been worse. the train did not leave the tracks, people on the train for the most part were only minor

injuries. the effects of people on the ground were significant but on the train it could have been worse. todd: i want to get to your role as a passenger, when the train hit the truck. >> unlike anything i had been through before. a very big bank like the train had hit a boulder, the lights went out, the electricity was interrupted, there was an electrical spill in the car. your first thought is someone hit us with a bomb because that is one of the first things that comes up but i was on the side of the train people could see the debris field and clearly this was not an intentional act but an accident. jillian: a practicing doctor for 30 years, at what point did you jump into action and say i need

help? >> it took a couple seconds getting to the realization this is not an intentional act, there is a truck out there, a driver, anyone call an ambulance was my first thought. the only way to get the answer was to get outside where the car was and it took a while to find one of the trains that could open it also could be a while to figure out how to get off the train. if you were not at the station it becomes more comfortable -- complicated process. and individuals that were injured, no and clear and

open. >> time to partially digest what had happened? >> of the chaplain travels with us and could do what the chaplain could do and in instance like that and provided a prayer service, spiritual guidance was helpful and the time after that, was helpful but we were together and being able to talk about the experience with one another and patch up, how were you affected, those

stories were going around. he was there of course. jillian: one person confirmed dead, one of the passengers in the truck. thank you for sharing what went down yesterday and we are very grateful you are feeling okay this morning. >> thanks for having me on. todd: a jet flying close to a navy plane, coming within 5 feet at one point. check this out. forcing it to fly through the jet wash. and a similar incident happening in november. jillian: maxine waters slamming donald trump in her rebuttal to the state of the union.

>> one speech does not make donald trump presidential. he claims he is bringing us together but he is a dangerous, unprincipled, divisive and shameful racist. >> we talked to mark jones. >> the first thing that came to mind is they are literally against america by being so anti-trump. with you agree with the president or not, his personality traits, can deny what the president has done for the american people. jillian: all five democrats including joe kennedy and bernie sanders made public responses. backing donald trump may be the last thing maxine waters should worry about, the dnc is out of money but the party was hoping no one would find out.

democrats filing a federal election disclosure form for the month of december in the middle of donald trump's first state of the union speech raising $5.2 million at the end of next year, that leaves the party with just $400,000. todd: donald trump reaching 45 million americans in his first state of the union speech and a lot of it watched right here on the fox news channel according to nielsen ratings, fox news taking top spot for viewers during the address beating every other network for the first time ever, total of 11.7 million americans tuning in. jillian: last weekend, 50 ° and above, okay. this is great, not so much, back to reality. >> we will find out if winter will stick around tomorrow with the groundhog, it is groundhog

day. it feels cold across the northern plains and the upper midwest, we have some nuisance snow across the great lakes in new england, we are not talking a big system but it will cause problems on the roadways. forecast windchill, the cold air moving in tandem with the cold front, some rain across ohio and tennessee river valley, mainly rain and lake effect snow. the next storm system moves into the northwest, mainly a rain event in higher elevations and there is the forecast precipitation as we go through the next couple days but we are in the trough pattern in the northeast meaning we could have it any point storm system bringing snow. as we head and the weekends, sunday, monday, what's the potential for monday. we have to ask the groundhog

tomorrow. jillian: 37 after the era, donald trump honoring family members who lost loved ones killed by ms 13 but apparently only fox news viewers know of that savage gang. >> he makes it sound like the biggest issue in the united states is ms 13, a gang nobody the doesn't watch fox news ever heard of. jillian: the parent is i was killed by that violent gang firing back. todd: gop lawmakers, quote, god working hard. carly shimkus with the outrageous comment from a liberal commentator when "fox and friends" first returns. and serve with confidence that it's safe. this is the ibm blockchain, built for smarter business. built to run on the ibm cloud.

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anif you've got a lifee. you gotta swiffer jillian: amtrak train carrying republican lawmakers and their families derailing off the tracks after slamming into a truck and apparently it was the work of god. todd: carly shimkus with serious ask them 115 is here, there is

always one guy with the worst possible take after a tragedy. we talked about the horrible deadly train crash that happened yesterday. congressman, republican congressman trey gowdy and cnn commentator, bernie sanders, addressed both in one tweet. he said by the way, train for of goobers hitting truck and this according to trey gowdy's retirement, god is working hard today to clean up the stink. he later deleted that tweet and apologized but not before a lot of people on social media side. robbins is dangerous hatred among us, mary tweeted this is so sad, someone died. another tweet says there are no words for this kind of hatred.

no word if he knew anybody died in the train crash but still, a tragedy like that. >> john kelly speaking out about the teacher who didn't have nice things to say about those who defend our freedom. >> a teacher in southern california, listen to what he had to say about members of the military. >> the lowest of the low. jillian: john kelly reacted to that comment with brian kill mead. listen to what he had to say. >> hope he enjoys the liberties and lifestyle we have fought for. jillian: this commentator said he does not in's words was another twitter user rights that teacher would never offer his life for our country.

another tweet, thank you for your service, general kelly. todd: john kelly doesn't mess around, the most amazing parent, football coach. jillian: placed on administrative leave, big story. another hot take especially to children. another thing to try for. and on that tomorrow. >> donald trump treating terrorists like the savages they are vowing to keep guantánamo bay open, will the move make america and the world safer? we debate that next. >> we check with brian kill need for what is coming up on "fox and friends". >> great job, back from dc. the fbi telling the white house don't release the memo even though you changed the memo like

we asked you to. they could be released as early as today. it is supposed to be explosive. talk to a doctor and senator, bill cassidy about what it was like on that train when it smashed into the garbage truck yesterday. senator rand paul and stephen colbert talks about the worry about pfizer again. dana lash is here looking at the state of the union, the highest rated in eight years and ben schapiro, deep thoughts, always interesting, don't miss a minute of "fox and friends". please get dressed. achoo! (snap) achoo! (snap) achoo! achoo! (snap) (snap) achoo! achoo! feel a cold coming on?

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>> a mother who lost her daughter to the ms 13 game firing back at joy read. donald trump mentioning the criminals at the state of the union. >> makes it sound like the biggest issue, ms 13, nobody who doesn't watch fox news, they are the biggest threat. >> one of four parents honored at the speech, her teenage daughter killed in 2016. >> i have no words. these are gained members that decided to be judge and jury to take my daughter out like that. it is unacceptable. >> the president called on congress to fix deadly loopholes allowing immigrant criminals into the country, new york city

police officers being ordered to limit their cooperation with federal immigration officials. bill diblasio, an open critic of donald trump refused to comply with the doj over sanctuary city policies, cops can only coordinate with ice when the duty chief decides it is necessary for public safety reasons after checking with their lawyers. jillian: donald trump calling for rules of engagement and end to the military sequester. >> we know that weakness is the surest path to conflict. for this reason i'm asking congress to end the dangerous defense sequester and fully fund our great military. jillian: how does this change the war on terror? here is assemblyman and iraq veteran and davie veteran, thank you for being here. i will start with you.

ending the military sequester is a good idea? >> great idea. the sequester goes back 5 or 6 years, threats now are very different. the sequester was automatic cuts they didn't allow us to prioritize or long-term plan for what we need 5 or 10 years or 30 years from now so that will make us safer, this is the 21st-century version of the peace through strength. >> it have been in place to begin with? >> probably not. a swamp being unable to come to a compromise or agreement on spending. >> this was the result of politicians unable to get things done, the budget control act passed in 2011 in response to the white house and congress not being able to come up with a budget so we have to look at how our politicians are not able to figure out a way to come up with a consensus for the american people when it comes to

finances, so this doesn't just affect the military, the budget control act when it talks about the sequester. >> to engagement, end to military sequester. the majority of people would say that it is a win for the military, how does one not see it as that? >> i don't see it as win or lose for the military. we dealt with the government shutdown, we had one in 2013, this is a symptom of a deeper problem. our politicians are not representing us, not able to get things done in the military certainly suffering as a result of that, not the only institution suffering because of this, the american people are suffering. jillian: a deeper problem? >> it started to change a little bit, you saw some clapping about clapping at the state of the

union. love him or hate him he is leaving the country in a certain direction, surrounded himself with good people, general mattis, secretary of defense, credibility to donald trump's national security goals and point man very credible on capitol hill. jillian: the next topic is guantánamo bay and the fact that donald trump during the state of the union address saying he went to keep it open and what he wants to do, subpoenaed with people disagreeing, what do you think? >> what we have to understand, the global war on terror, we are fighting this war on multiple fronts and part of it has to do with psychology. usama bin laden made it very clear that he is waging psychological warfare in the united states of america and guantánamo bay has provided terrorists with a recruitment tool and that is an unfortunate

thing because when you look at not only guantánamo bay but these other prisons, they produced terrorists we are combating like the leader of isis, he was imprisoned in abu ghraib. we have to look at how we can effectively combat these terrorists and at the same time maintaining our values. >> i couldn't disagree more. as president obama was releasing prisoners from guantánamo, had one in 3 recidivism rate, isis was growing. president obama was getting soft on gitmo to use the phrase there, a new islamic organization was growing and taking over not only minds around the world but huge swaths of land so militant islam will always find a recruiting tool, gitmo is a good length as far as abu ghraib having professional military soldiers their whole job is this facility keeping it secure will prevent a future abu ghraib because you have mps

trained at this facility. marines killed by a sniper subsequently released by the iraqi government. these worst of the worst in guantánamo bay, those injustices will never happen. jillian: thank you for being here, appreciate your time, we will be right back. full of rich. for 100% conditioning, full of rich. 0% weight. new pantene. foam conditioner. ♪ ♪ . . somehow we always leave

packing to the last minute. guys, i have a couple of things to wash we got this. even on quick cycle, tide pods cleans great 6x the cleaning power, even in the quick cycle it's got to be tide todd: full-time few for the good, the bad and the ugly. soldier missouri surprising his mom and two brothers.

[gasp] >> oh my god. oh my god. >> what the -- [laughter] >> tyler. todd: that's awesome. tyler a specialist in the army spending the last year in south korea. welcome home. >> next up the bad. the fbi dropping $25,000 on pasta in a plot to catch more than a dozen monsters. the spaghetti set up going down in 2014 hosted by informant. sting paid off leading to arrest. 46 gangsters. todd: i would have totally gone. and the ugly. man's best friend almost bringing home the bacon. michigan mistakenly approving rider the dog, $360 per week in unemployment benefits. his job working at detroit restaurant. the error fixed before anybody was delivered.

jillian: bizarre story of the day. thanks for watching, "fox & friends first." todd: tomorrow is going to be a pep rally for the philadelphia eagles with this one. i may do some news. "fox & friends" starts right now. have a great one, everybody. >> investigators on the scene of a deadly train derailment carrying republican lawmakers when it slammed into a garbage truck. >> train accident was a tough one. tremendous jolt. we'll have a full report as to what it looks like the driver of the truck was killed. >> we have massive developments regarding the release of the four page memo moment. >> john kelly implied its release was potentially imnegligent. >> did you see it. >> i did. >> what do you think? >> it will be released here pretty quick i think and the whole world will see it. >> the fbi is fighting back against the release claiming omissions attack the memo's