look at the house floor where shutdown showdown part 2 is underway. the government has been closed for five hours and a bipartisan budget deal back in the house and senate after midnight. we are live in washington where a vote is expected any minute. jillian: cold hard cash in hand killers, president obama pay the iranians $1.7 billion, new proof that it landed in the hands of terrorists. >> professors should drown conservative students, the remarks from a liberal journalist, "fox and friends" first, very busy friday, continues right now. ♪

jillian: live look at midtown manhattan but not on capitol hill, good morning, you are watching "fox and friends" first. rob: when you wait until the last minute to do your paper, this is passed the deadline. fox news alert, live to the house floor, capitol hill, the house is in the final stages before casting their votes on the budget deal. >> the senate can expect the deal after missing that night shutdown deadline by two hours but senator rand paul earlier last night refusing to support the spending boost. >> holding hands, only one bad guy standing in the way keeping it until 3:00 in the morning. the country is worth a debate until 3:00 in the morning. i'm here to put people on the

spot. i want people to feel uncomfortable, to have to answer people at home who say how come you were against president obama's deficits but for republican deficits. isn't that the very definition of intellectual dishonesty? rob: chad program has been on the floor all night long. >> joining us from statuary hall with the latest developments. it has been a very busy night. what is going on? >> we are 35 to 40 minutes away from the house of representatives starting to cast ballots for this budget package, they started a debate 15 minutes ago. the key, the final step to turn off the government shutdown. the senate didn't vote until after midnight so the government did shutdown, because of that delay, rand paul, the senate needs to get unanimous consent

to do things, 99 cm wanted to move this over to the house of representatives before midnight, rand paul said no because he wanted to make a point about the exploding deficits and that is why there is risk as to whether the bill will pass early this morning. there will be some republican defections. conservative members especially members of the freedom caucus don't like the extra deficit spending. they like additional funding for the military but also domestic spending they have a lot of problems with. this is why the top democrat on the committee on the appropriations committee says she likes the other things they are doing on this bill but the other day she cannot consider this bill in a vacuum. democrats want daca. nancy pelosi has been making that case, she took forth on the house floor for eight hours a couple days ago. a record-breaking speech, longest in-house history making that case for daca.

you need to get this right, 150 republicans, 70 democrats but when you have someone of nancy pelosi's caliber, former speaker, minority leader saying she is not going to vote for the latter democrats follow her lead. rob: we are watching nancy pelosi on the floor, hopefully this won't take eight hours. are all indications right now that we are going to get something close to that? >> i have been checking with sources since last night, one senior republican source didn't think it was going to be a problem. 40 minutes ago i asked steve scully's, the top vote counter in the house of this would pass and he said, quote, oh yeah. carly: i feel there is a sense of confusion what they are voting on. two your deal, two year deal, what they are voting on will

just fund the government through march 23rd and then we have to do this all over again. >> reporter: this is a complicated bill. it lists spending caps for defense and on defense for two years. you are available, the funding is available, funds the government through march 23rd, but facing a third shutdown over border wall funding or something, that could be an issue in coming months. the other issue suspending the debt ceiling through march 19th. keep in mind what this debate was about. in 2011 they had a fight over the debt ceiling. in order to raise the debt ceiling the trade-off is we have to impose budget so the debate in 2018 is to suspend the debt ceiling through march 2019 and say we have to list those caps. think how much things have

changed on a debate. in 2011 the tea party came to power, tried to cut spending in washington. rob: a lot of fiscal conservatives not happy with the budget deal being voted on in the next couple minutes. we will let you get back to it, keep us posted through the course of the show and on "fox and friends". another fox news alert. targeting homeless people in las vegas, hunting surveillance video showing the man walking up and shooting him in cold blood. the series of attacks killing two and wanting two others for a 5 day span beginning january 29th. three of the victims were homeless and forensics prove the same gun was used in all four attacks. police have no suspects though they believe the gunman's vehicle has been spotted. carly: we are learning the identity of the officer shot and killed in the line of duty, david shepard, a 30-year-old veteran of the police department is remembered as a devout

christian father and jokester. the department setting up a donation page for his wife and their two young daughters. responders from several debarment escorted the 37-year-old body to dallas funeral home overnight, his sister saying shepard felt being a police officer with god's calling. rob: assuring unlisted dreamers they don't have to worry about immigration status, they are protected from deportation. jim mattis making the announcement saying 900 soldiers registered under the daca can stay less convicted of serious felony. the daca program allows immigrants run illegally as children to stay in the us without facing deportation, could expire in a few weeks. carly: the white house defending its handling of rob porter. spokesman saying the administration was not fully aware of the extent of the

allegations against him. >> in the case of rob porter we relied on the background check investigative process. that process hadn't been completed, relying on the information we had. violence against women in these allegations very seriously. carly: a letter sent to the chief of staff, quote, we are processing troubling allegations, domestic violence is abhorrent and no place in our society. former white house aide rob border turning his resignation and after pictures of an ex-wife with a black eye surface to. rob: stocks plunging more than 1000 points for the second time this week. carly: the tao shedding just under 1033 points yesterday losing four points, 2% of the value and erasing a midweek rebound.

rob: the crew that needs to clap when the tao bumps back. blue chip index on its worst weekly percentage drop since the 2008 financial crisis but economists say it will turn correction to the big gains made last year. carly: a quarter of 1 million people celebrating the super bowl champion eagles with a victory parade. rob: good news if you are jillian, the traditional members parade with this colorful outfit. look at that. before delivering a spirited speech to the philly faithful from the steps of that iconic museum of art. >> run faster. we wanted it more. all the players come all the coaches. carly: that huge crowd, one of the biggest joining the last

visit in the world series parade. from that to the pope. rob: it is 5:09 on the east coast, the mystery of the death of a border patrol agent widening. forensic pathologist doctor michael bought it takes a look at the case, murder can't be ruled out. carly: text messages revealing a questionable relationship involving top democrat in the senate russia probe but is he the one with a kremlin secret? rob: out of story all morning long, the vote on the budget at capitol hill, underway before the house vote reported throughout the morning, the senate has passed it on and paul ryan rounding republican troops in favor of it and nancy pelosi is not a. rob: we will see how that shapes up.

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27 new questions in the death of a border patrol agent whose autopsy confirmed he died from blunt force trauma to the head but the fbi saying there is no evidence of an attack. carly: this after an fbi investigator wrote in a sworn affidavit in december that martinez was murdered and his partner assaulted. rob: here's forensic pathologist to break it all down. i am going to get to it. something feels off about this. >> the purpose of doing autopsies is you see things inside the body not apparent on the outside. when you go to see your doctor he looks on your outside but also wants to do internal tests to make sure his opinion is

correct. what happened three months ago was the fbi and other people looked at what happened and thought it was a murder. the fbi did their job, the same interview in 650 people, the autopsy report was just completed recently, indicates there is no evidence that this is a murder. look like accidental injuries, hit by a car, car accident. rob: what about the partner? >> the partner doesn't remember anything. rob: what would cause that? >> it is weird. that is why it is not settled yet. what the fbi has done by their announcement is we have enough information now to rule out murder by somebody coming across

from mexico or whatever it is and that is because of their investigation and no injuries on the individual that indicates he was fighting with anybody in the injuries released so far on the right side of the body, which is more indicative of a fall from the right side. carly: that includes fractures to his skull, right jaw, upper ribs and right collarbone. you think of somebody getting hit by a car wouldn't you normally think there would be injuries to the abdomen? does that sound more like somebody hit him over the head or assaulted him? >> in an assault you should get left and right injuries and number 2, the initial report from the sheriff's office with responsibility for investigating the case is he might have been sideswiped by a car on the

culvert. being struck by a vehicle could get the top part of the head, shoulder or clavicle. on the right side so far. so it is consistent with that but they couldn't confirm that. carly: his partner, stephen garland, was severely injured. he was there but can't remember what happened. if you look at his brain and do a scan of his injuries could that give you any clue as to what happened to the officer that died? >> yes. i am sure the medical examiner and the fbi have taken that into consideration. all the hospital binders, when he called his first call to dispatch with it was a vehicular accident.

there is a deep culvert and it is interesting to note, until 2003, there were reported 38 line of duty fatal injuries, most of them were vehicle injuries. rob: we are going to leave it here because we are getting the house vote. we are not done with this story by any stretch. carly: we need to know what happened. rob: thank you very much. as promised, fox news alert, live look at the house floor where the vote on the budget is underway. carly: we are seeing people on the house floor, they are voting, 141 eas for republicans, 41 nays, live update next. rob: three democratic eas so far but in the course of the morning and the course of the last week, the republicans really want to

get to that 150, 160 mark and curious to see if they get there. 70 democrats is enough. with that, we are going to go to a commercial. we will see you back here in two minutes. ah, it's so fresh. and it's going to last from wash to... ...wear for up to 12 weeks. unstopables by downy. on thousands of hotels, cars and things to do. like the papaya playa project for 49% off. everything you need to go. expedia.

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rob: fox news alert, house vote underway. carly: let's go to chad, what is going on? a little bit of action. >> reporter: this vote would think the house of representatives with the senate when they pass this bill in the we hours of the morning, the vote in the senate was overwhelming, 71-28. at the house floor, i see

something interesting developing. we talked earlier that they need 70 democrats to make up the difference, republicans would defect on this bill, undermine conservatives like the house freedom caucus, they don't like this bill because of the deficit spending, the same reservation rand paul, the republican senator from kentucky, had. that is why he delayed the senate from voting on the bill until we hours of the morning. when i look at the scoreboard, they only have three democratic yeses on the board, they probably need 70, there are 150 plus republicans in the house, that is the ceiling they could get to. if democrats don't start delivering their votes this bill could be in trouble but i say this with the caveat, democrats want to see how high the republican threshold could be. when you get into a vote like this where you need this amount

of democrats and republicans to move the bill, the other party sits on its hands and sees what the other side can deliver but that number has not moved in a while since i have been looking at this and that could signal a problem. when you are thinking you need 70 votes i don't know. the thing that was giving some concern at the capital was any time you rely on the other side you don't know how the vote is going to go in the other problem with this is sometimes they say we have people we are going to vote yes. unless you truly know, that is the problem. the case could be made at rand paul by delaying the vote might have an impact. democrats can't vote, this could be in trouble in the government could remain shut down longer than people expected. rob: we will check back with you throughout the course of this half-hour, thanks as always. now to something completely different but equally

disturbing, every move you make, every step you take and i am not singing a song. google. are they watching you? carly: media giants could be crossing the line and collecting your personal data. here with more is fox news headlines anchor, i got to say you do a fantastic job on tucker carlson's show, you have a cell phone in your pocket, two cell phones in your pocket and the reason you did that is because you turned off, the sim card, turned off wi-fi, and what did you discover? we have a control, airplane note, it was on but not set to connect and we drove around dc and what we found was disturbing

in that the phone is still tracking you even without a data connection, it gets all kind of data points from mechanisms inside the phone, stores those and we were able to capture that data when we got back to dc and see what the phone sensed to google which is encrypted. we have the ability to do that and the information they were finding was shocking, how deep down the data goes. rob: what surprised me was airplane mode, you are telling us getting in and out of cars. >> the caveat or the hidden secrets, take your pick, airplane mode turns off the cellular modem and turns off the wi-fi but there is other equipment in the phone, and accelerometer and barometric pressure sensor and navigation equipment that still picks up

gps, so it knows at this gps coordinate, you walked 5 miles an hour that direction, it can put the pieces together and figure out where you went. carly: is it because of advertising? >> it is because of advertising, they are tracking you, they can whittle those ads down, those are the issues i looked at on amazon or the hard drive i was going to buy or store i like to go to, they want to know you go to dunkin' donuts every morning or the pet store every day and don't buy the puppy. they want to know all those things so the advertisements you see are applicable to you because you are more likely to click on it. carly: i am not concerned, you are. >> i am boring too. >> the data we got from airplane mode was shocking.

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rob: what a difference three minutes makes. when we checked in with thad program moments ago, that number, the democratic ea column was 3. as you can see now, up to 67. carly: magic number for democrats is 70. we are getting very close. the house and senate totally different animals, the senate passed the budget deal 71-28 very quickly after rand paul closing down a little bit. the house was supposed to be

more of a challenge. so far those gays are taking up, we just hit 70 eas for democrats. we should talk about what is in here when we get down a little bit. >> $165 billion for the military, $131 billion for domestic programs. on the republican side republicans were pushing for the increase in military spending but in order to get that they had to cave on domestic programs, $131 billion, the reason rand paul was filibustering long into the evening and delaying this vote until right now. we were expecting this earlier. carly: rand paul is one of the reasons we arguably missed that midnight deadline because he did slow things down. he released a statement saying tonight you can feel the frustration growing in congress as we expose the hypocrisy of

republicans joining in an unholy alliance and spending free-for-all with democrats, he is very angry budget deal is so expensive. rob: let's hear little bit more. >> they are holding hands and only one bad guy standing in the way it will keep it here until 3:00 in the morning. the country is worth a debate until 3:00 in the morning. the reason i am here tonight is put people on the spot. i want people to feel uncomfortable. i want them to have to answer people at home who said how come you were against president obama's deficit but for republican deficits? isn't that the very definition of intellectual dishonesty? rob: that is the refrain your hear from a number of republicans in congress, the house freedom caucus mindset, our government is way overburdened financially. what you are doing is just

adding to the problem but as we saw on the scoreboard moments ago republicans in the house and senate saying this is what we need to keep the government open, deficits be damned. carly: democrats don't like this because there's no attachment immigration reform, nancy pelosi speaking for eight hours wednesday because she wants protection for dreamers. they will be voting on immigration, a whole separate ball game. we just got to get this through the house so we can reopen the government. let's bring in republican congressman ron estes who just cast his vote. thank you for joining us. what is going on? how did you vote? >> the measure just passed, i

voted for it. rob: we saw the numbers on the screen. it was low in the beginning. what happened? momentum to get democrats up or who was voting and when they were voting? >> one of the things democrats wanted to make a statement and show they were contributing to passing this bill, they were over 60% of republicans voted and half of democrats voted as well. rob: the shutdown is officially over with his vote so government workers go to work as scheduled. i got to say your colleague senator rand paul is upset because he thinks this is too expensive. he is a fiscal conservative and a lot of people on the republican side agree with him. do you? >> he has a valid point. there are positive things in this bill in terms of funding defense and making sure we

support our troops. we have been pushing through this agenda the president supported of getting the economy going and tax cuts and getting this defense appropriation supported but now we have to turn to the big problem which is our budget deficit and how much we are spending. this argument tells with less than 22% of the budget. we have to focus on entitlements and focus on that. rob: are we going to be back here? >> the reason for the march 23rd date is with budget caps being lifted for defense and non-defense spending appropriators need to make sure the programs are identified in dollar amounts and that gives four or five weeks through the process and make sure that goes well. carly: this is a major change

from have republicans acted under the obama administration where they were really concerned about ballooning national debt, right? >> i ran because i wanted to make sure we address the deficit. that is a big concern of mine for myself, my children, my country and we got to address that, partly with cuts and getting growth going and that is what tax cut and jobs act did. now we have to make sure the growth happens in come back and focus on the entire federal budget and make sure we are spending money appropriately and ultimately it takes longer than one year but have to spend only what we bring in it not overspend. >> so many republicans in congress on the fiscal side and put in by constituents who want to see the government shrink, a

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good questions lead to good answers. our advisors can help you find both. talk to one today and see why we're bullish on the future. yours. rob: live look at capitol hill, the government back up and running. ten minutes ago the house passed the budget deal earlier in the evening passed by the senate, house voted 240-186, obstacles on the progressive left and the conservative fiscal rate. a lot more coverage over the next few minutes on "fox and friends" first and coming up on "fox and friends". carly: this raises spending two years funding the government through march 23rd. let's go to more news. all about money. $1.7 billion obama

administration paid the iranians went into the hands of iran back to terrorists, the washington times reports the government traced the transferred you as cash back to terrorist groups including hezbollah as well as several rebel groups. the obama administration maintained the payments made two years ago was paid part of the settlement over irani and claims to regime assets used for an arms deal in a 70s. rob: a journalist calls for a professor to drown their all conservative students. is the ferrari responding to a post about teachers lowering conservative student grades tweeting they shouldn't do that. it is not right. they should hold the conservative students heads underwater until they stop breathing instead. he followed that with saying i'm not joking about that part.

former employer saying defending his stance. carly: let's switch gears, look at the bunnies on screen. a modern makeover for children's classic, everyone's favorite peter rabbit hopping into theaters today. rob: is it worth your box office bucks? kevin mccarthy here with his review. you can have two diametrically opposed stories. take it away. >> reporter: did you say switch gears quite rabbit -- thank you for that. carly: i did that on purpose. >> reporter: that is why i am a huge carly fan. carly: what did you think of it?

>> reporter: a fun slapstick funny comedy for the family. james gordon voicing the character of peter rabbit, a mix of live-action and cgi animation so this was filled with cameras and a drop in the cgi rabbits and it is really fun to watch. slapstick humor was hilarious, the character moves into the house of an old relative, a vegetable farm and the rabbits are trying to get into the farm. i thought it was a lot of fun. i laughed the entire time, i gave it 3.5 out of 5, nothing special in the storytelling department but based on a classic story line. 3.5. >> no problem with margo robbie. you also saw a movie i went to see. what did you think?

>> a great film on paper. clint eastwood one of the greatest filmmakers of all time with unforgiven and mystic river and american sniper, fantastic movies. the real-life he rose, spencer stone, anthony sadler playing sells in a film about the heroes who stop and armed terrorists on a train bound for paris back in 2015 carrying 500 passengers with one of the most incredible heroic stories of our time. eastwood having the real-life guys play themselves which is totally great. i admire that ambition and the experiment of it. the problem is the script and cinematography and editing are very poorly done. i don't know what happened in the filmmaking process, this amazing story, amazing he rose and that is honored in the film.

they spent too much time building up, they wanted to tell the back story about how they got to the moment on the train but i found myself scratching my head wondering why the script was so bad. the younger versions of themselves are horrible actors. the actual guys who aren't actors at all are the best actors in the movie. >> the heroes are good actors. >> and their roles. when you're watching them it is hard, they are acting like themselves. the problem is the script reminds you you are watching a movie about them versus the actual moments of the story. i gave it two out of five. it wasn't that strong. the actual story was amazing but the execution was poor. rob: have to leave it there. it is national pizza day, joining in the celebration, tracy is here with what you need

to know about. carly: pete hanks this with what is going on. >> reporter: national pizza day, we will double down on that, come join us. all are welcome. if you are watching "fox and friends" first the house taking up the budget act, we will bring you the latest on the budget vote and democratic senator who texted russian oligarch lobbyist to contact christopher steele, who is that democrat and what are the implications of those communications? governor mike huckabee, geraldo rivera, ben shapiro and a few other special guests as well. don't go anywhere, see you in 12 minutes. harry's meeting clients...

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rob: the tao plunging 1000 points a second time in four days. carly: how are things looking ahead of this morning's open? >> dow futures up by 100 points but still a roller coaster on wall street. yesterday we ended down 1032 points to end at 23,00860, down 1.5%, this was the second largest point drop for a day. we saw the first largest when we dropped 1100 points on the tao so this sent the tao into correction territory meaning it is down 10% from its high on january 26th. the s&p in correction territory as well. i know it looks scary to see those big number drops but you

have to keep it in perspective. we had able market for eight years. people have been expecting a pullback. rob: financial reality show continuing, some good economic news including raises and parental leave. what is going on? >> the latest company to do something for its employees because of the tax windfall, hourly employees a pay raise from $9 to $11, and paid parental leave, a program that will give new parents with a new baby four weeks off with paid wages so that is good news for those employees. i love days business news intersects with food and today is one of those days, national pizza day and national bagel day. let's talk about deals, dell on

joe. free samples from 3:00 to 7:00, dominos, $5.99 each, dual layer pepperoni pizza, pizza hut members get 30%, $5.99, two medium pizzas. >> ladies first. it is national pizza day, every day, at 5:53 on the eastern. rob: we have a pizza here in case you didn't know what a pizza looks like. i love our producers. we will be right back. carly: the time is 53 minutes -- .

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♪ i work hard for the money ♪ so hard for it, honey ♪ she works for the hard for the money ♪ so you better treat her right ♪ she works hard for the money. >> fox news alert. now they worked hard all right. working long into the night. first on the senate side and just after midnight they moved over to the house where about 27 minutes ago the house passed the budget deal. numbers right there on your screen. it was close there for a while but then toward the end the republicans and some democrats managed to push it over the finish line. so your government is open.

if you are a federal worker, have you got to turn that alarm back on because have you got to go in. carley: going to work which is a very good thing. something in this for everybody. republicans get military funding. democrats domestic founding to break those numbers down, this budget deal has 165 billion more dollars for military spending, 131 billion for domestic programs. a debt increase through march of 2019. that's where the two year deal comes into play. disaster funding for hurricanes. the government is going to be open through march 23rd, which is actually just right around the corner. todd: interesting to see what happens between then and now. in case you are wondering what's happening with daca. dacdaca will. they will try to sell it to constituents over the weekend and be back on monday. time now for a little good,

pad and the ugly. first, the good. >> at my age, it makes me want to cry. todd: 95-year-old navy veteran william harvey recognized with a degree. served as a cook upon a ship pearl harbor. past of black history month. thank you, sir, for your service. carley: next the bad, investigators finding $100,000 worth of fentanyl wrapped in fish fillets? todd: what? carley: are you kidding me? deadly opioid jammed in fish. to be found by narcotic police in new york. a package of chili found with the power drug inside. one person was arrested. todd: sounds like more on the way. carley: sounds fishy to me. todd: shimkus, you are on your game today. 21-year-old woman accusing spirit airlines accusing her

of flushing pet hamster. the airline refused to let pedals on board as emotional support animal. spirit denies all those claims. carley: i can't believe we are finishing off on that note but "fox & friends" begins right now. todd: have a good weekend, everybody. ♪ steve: it's 6:00 in washington, d.c. we start with a fox news alert. and a live look at the u.s. house of representatives floor where congress just passed moments ago a massive budget package. >> ainsley: that brand new deal with end an hours long government shutdown. shortest government shut down in history. pete: our own griff jenkins live with what comes next to make it official. good morning, griff. >> we shall call it the greatest government shut down of 2018 thanks to rand paul. if you are a government employee, you need to take brian's advice and ple