we would love to have you on your talked about it, you're always welcome in "fox news @ night." most-watched, most grateful you spent the evening with us >> i hope we can do daca. i hope we have a chance to do shkreli. >> if we can come up with a bipartisan compromise, let's go. >> it is one thing to talk to jesus. another when jesus talks to you. >> for her to say that christians are mentally ill. her friends were screaming at the sky and beheading donald trump. [applause] ♪

♪ that love keeps on lifting me higher and higher. heather: it is wednesday morning, live from new york city at 4:00 am in the morning. not only is it ash wednesday morning but also happy valentine's day too so happy valentine's day to you. thank you for joining us. let's get straight to bed fox news alert, amazing video, this plane packed with people falling apart 30,000 feet in the air. this horrifying scene playing out over the pacific ocean for 40 minutes. can you imagine. a passenger looking out the window, they feared for their lives, kelly right is here with breaking details. looking at the pictures on

social media. >> reporter: look at this picture over my shoulder, some terrifying moments in the air. one passenger tweeted this was the scariest flight of my life, first a loud boom and the plane started shaking violently, passenger video shows what passengers experienced on united airlines flight 1165 during the trip from san francisco to honolulu. they were well into their flight 40 minutes from their destination wednesday and kabul happened. >> a really loud bang. >> the engine where we were sitting, on the right side of the plane was completely blown. >> while experiencing the tense moments, some passengers used their cell phones to photo the exposed engine, one passenger fearing it was his last message to send family members. >> turned on my phone, took this

video. >> the pilot and flight crew took immediate action to deal with this crisis, the pilot alerted air-traffic control, they had fire tracks on the ground, the flight crews told passengers to put their heads down and prepare for an emergency landing. >> at the end we had to sit down, with our heads down and holding our ankles, brace, brace, brace. you can hear them right there, a passenger on the flight tweeted we are safe after the registered landing in response, a person tweeted to her, love to the pilots and crew. that is the case. >> imagine looking out the window of your plane and seeing

that. >> reporter: that is not something i would like. heather: thanks, appreciate it. an off-duty police officer gunned down confronting a suspect in broad daylight. chicago police commander paul bauer shot multiple times by a man running from other officers, that suspect is a convicted felon. hundreds of officers line the streets to salute the fallen hero. >> he was shot multiple times. unfortunately commander bauer passed away. i ask citizens of the city to keep the family in their prayers. heather: bauer was a 31 year veteran of the force who leaves behind a wife and a 13-year-old daughter and look at these numbers, 13 law enforcement officers died in the line of duty this year. bauer is the fifth killed since

last week. and illegal immigrant is accused of being, quote, grossly impaired when he crashed into a nebulous killing and 2-year-old boy. police in virginia say josé romero ran away after rolling his car but was caught a short time later. romero from el salvador has never had a driver's license. then the illegal immigrant acquitted in the murder of kate steinle pleading not guilty to gun charges, josé is accused of being an ex-felon and undocumented person in possession of a gun but his lawyers want one of those charges to be dropped arguing they are all too similar. kate steinle was killed when walking with her father in 2016 on a san francisco peer when a bullet ricocheted and hit her. the second time in as many

months a federal judge barring the trump administration from ending the daca program that protects dreamers. the senate will try again to debate immigration. republicans gained some momentum on a more conservative proposal. griff jenkins joins us live with what to expect, so we can expect the deal? >> we will see if saint valentine can bring the charm they need today, to start introduce competing builders democrats blocked republicans from setting up votes yesterday, got a little encouragement yesterday from donald trump sounding optimistic. >> we wants to help daca, you don't. i'm getting, i am sure you do, you are working very hard on daca. everybody in the room once daca. it would be a great achievement. >> secure and succeed, requires

the president's framework that would need democrat support to reach the number 60, senate leaders seem to agree it is worth a try. >> if we can come up with a bipartisan compromise, let it rip, let's go. >> no reason if there is a core 60 votes to support something we can't achieve it in the next few days. >> reporter: speaker ryan says they will whip up a bill to find out if it can clear the 218 votes needed for passage. it is thought to be more conservative than the senate bill. the difference between a two bills, senator find a path to citizenship while the house provides a staff to legal status, the center reforms chain migration while the house ends it all together, the senate relocates the visa lottery program. both bills provide funding for border security and the ball and tougher border enforcement policies, the house appears to go farther, cracking down

following sanctuary cities and the second time now in new york, a judge has issued a preliminary injunction against the ending of the daca program. we will see where that comes in. if anything gives, some breathing room but i can't find agreement to push this farther down the road. heather: something they can always agree on is to push it further down the road. we will see if they are feeling the love in dc. thank you very much. the white house sticking by john kelly and asking new questions about what was or wasn't done about domestic abuse allegations against former rob porter, centering around information provided by the fbi for routine investigation that began last year. the director of the fbi saying the agency's background check

wasn't finished. >> closed the file in january and earlier this month we received additional information and past that on. >> they have not made a final recommendation for adjudication to the white house because the process was still ongoing when rob porter resigned, information was still coming in february. heather: the administration officials say they were not aware of this until last week. the fbi disputes that timeline. donald trump honoring african-american military heroes at a black history month celebration at the white house. >> american civil rights champions have brought out the best in america calling us to live up to our founding creed, and to the truth we are all made equal by god. >> the president mentioning african-american unemployment has dropped to a historic low

since he took office. today christians around the world are celebrating the first day of lent known as ash wednesday. followers have ashes rubbed on therefore hits as a sign of the cross symbolizing repentance of sin. this combines fasting, prayer in preparation for easter sunday. it is the first time since 1945 ash wednesday falls on valentine's day. 10 minutes after the top of the hour, no doubt about it, top intelligence officials unanimously agree on one about russia, the twisted plot to target the midterm elections in the us. donald trump's legal team making a case for him to skip out on that sitdown with robert mueller. he had no reason to because this turned up nothing but dirty

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heather: donald trump said he would sit down with robert mueller but sources tell fox news the president's legal team is compiling a case arguing against it. should the president testify or not? here to weigh in, thank you for coming in superearly this morning. this started breaking last night. should he or should he not sit down with robert mueller? >> he should never sit down with robert mueller. robert mueller hasn't formally asked. the trump team needs to build a case against sitting down until he asks or tries to subpoena the president to make a statement.

there is nothing donald trump needs to explain away. you commented for months and months this russia collusion investigation has so far proven precious little against the trump campaign and the trump administration. we are finding there has been a lot of deeds by the democrats who wanted this investigation in the first place. heather: if that aspect is leaked, if there was any actual collusion or evidence thereof, that would be leaked in some way. >> we would already have it. and that he is more innocent, you never need to prove your more innocent. you don't have to prove your innocence ever in this country so it doesn't make sense for the president even to contemplate this. >> what about the cases attorneys are putting together in terms of why he shouldn't have to to begin with?

>> the trump team putting together a case in case they need to legally make an argument, if the president was subpoenaed the why he should not be compelled to do so, so they are putting the cart before the horse which is smart but i wouldn't even be contemplating that. he hasn't been asked. heather: he is watching this morning and listening to your advice. this other element that happened mother release of the susan rice inauguration day email. let's talk about the timing of the email, why would she do this on inauguration day, on her way out, more work to be done, what is happening? >> this email is strange to say the least and raises a lot of

questions, look at it. she has a meeting two weeks before, write an email. heather: let's pull up all the people involved in the meeting itself, january 5th, the email she wrote to herself. >> it involve the president and other higher ups. 2 weeks later after she no longer has a job because the trump administration has taken over, sent this email to herself with strange language. what is she trying to cover up? this was a sort of cover your hide kind of email. somebody should explain why she wrote it at all. was the content of the meeting reported in that email. >> a lot has been said about using the term by the book but their two, the last two paragraphs, from a national perspective, president obama said he wants to be sure as we engage the incoming team we are mindful to ascertain if there's

any reason we cannot share information fully as related to russia and another paragraph rejected, the president asked comey to inform if anything changes in the next few weeks that should affect how we share classified information with the intel team, comey said he would. is that covering herself if it turns out it becomes public she didn't share information she was supposed to? >> covering herself and covering president obama. this is hearsay from president obama, she does something we did not, some sort of investigation in the future and she forgot to memorialize what she wanted her position to be in this email, we know susan rice had a tenuous relationship with the truth and this seems to be more evidence of that. somebody better start

explaining. heather: should comey come back? >> there was no meeting at all, he previously testified, both of them have a lot of explaining to do. >> i want to see that rejected paragraph too. appreciate it. time is 18 minutes after the top of the hour and we are not talking takeout. how the trump administration is thinking outside the box to reform the federal food stamp program and crossing the line, mocking vice president mike pence for his faith. >> mental illness if i'm not >> carly shimkus here with the social media firestorm over this one.

heather: a view host may have gone too are taking aim at mike pence's religion calling it mental illness. >> wanting to talk to jesus was another thing when jesus talks to you. >> that is called mental illness if i'm not >> carly shimkus with serious backs and 115 here with this with backlash. >> it started with a comment from reality star and white house staffer amarosa who said mike pence believes he can talk to god. that comment spiking a discussion on the view where joy bay to the heart double down and mocked mike pence's christian faith once again but some say

she crossed the line. when you lock people's faith it tells a lot about your character regardless of what you believe in, jackie said substitute islam and muslim for christian and christianity and she would be run out of town. mike pence's former press secretary set on fox news to his knowledge she never spent any significant time with him. >> let's move on to bernie sanders who might be running for president again. >> people are wondering. he is headed to iowa, set to appear at a rally in iowa for congressional candidates pete alessandro. this could be a sign he is running in 2020. one twitter user says if you can't get enough, do it again. some conservatives pretty excited about this news and

scott says i hope he runs again. he did such a good time for us last time. >> worked for his campaign last time around. >> a great hat. peyton manning driving the daytona 500, very exciting news, it was announced by daytona international speedway, peyton manning will be the honorary driver for the daytona 500, many have reacted, saying serving as monetary pace car driver will be a unique and exciting experience. i am looking forward to race day. the daytona 500, already that time of year is on sunday. >> i covered that couple years ago and -- one of the big ones. thank you, appreciate it to talk about it being valentine's day

and we know what that means, that means candy. >> why do you hate heart-shaped candy? >> reminds me this is valentine's day and i'm basically -- >> what is your favorite valentine's day candy? here is our facebook paul? most of you just want a box of chocolates. hershey's kisses second with 23%. m&ms, not 29%, 10% of you want conversation hearts. i like close. apparently chocolate roses a big no. no? >> i do like these little hearts. >> i didn't know chocolate roses were even a thing but i will take any chocolate i can get. should i have a piece? valentine's day, i will finish up. >> some of them look like they

didn't have anything on them at all. >> for valentine's day. >> happy valentine's day, have a great day. don't go away because the time is 26 minutes after the top, 30 minutes ago, democrats on the verge of releasing the rebuttal to the republican memo. a former fbi head calling out james comey over the davos application. >> dancing with the devil, the music was going to stop someday. >> the intelligence community is in uncharted territory. it became a sanctuary state for illegals but california is catering to pot smokers. our next guest a republican strategist, they are headed for a major showdown with the feds.

..

>> welcome back, 4:30 in the morning on the east coast, top us intelligence officials morning rosa is a threat to the upcoming midterm elections. dan coats expressing concern at a hearing on capitol hill. >> we expect russia to continue using propaganda, social media, false flag personas and other meetings to try to build on its wide range of operations and exacerbate social and political fishes in the united states. heather: they were questioned as part of the ongoing russian meddling investigation. the democratic rebuttal to the gop fbi controversial memo alleging fbi abuse may be released as early as this week. adam schiff said he is working

with the feds to redact specific parts that raise concern. the memo will not be revised after the white house said it wouldn't allow the counter memo to be made public because of national security concerns. on capitol hill former assistant fbi director calling out james comey over the fisa warrant controversy. is someone who knows the workings of the bureau, the fbi director says he has never seen anything like this before. >> i was involved with numerous fisa orders as head of the fbi new york and what i was an agent and this doesn't happen and never happened. it is what went on and i believe what happened, talking about a small number of people, comey brought in these sycophants, brother man on the second floor of the hoover building, took investigations out of field

offices and conducted this sham investigation. was he not smart enough to know when dancing with the devil the music was going to stop someday and it did and he had pathetic press conference that was so far out of bounds, although we know now since then just pathetic. heather: justice is served, the man who planted two pressure bombs, pressure cooker bombs on new york city streets including when and injured 30 people, serving two life terms am a victim speaking out. >> no remorse. >> always apprehensive. doom every day like something bad is going to happen. >> still facing federal charges in new jersey where he engaged in a shootout with officers

before his arrest. we are learning about the suspicious package sent to donald trump junior. the power of the letter contained a note reading you are an awful person and you get what you deserve. rushed to the hospital after opening that letter, turns out that was just cornstarch but how awful that people are doing that. first it was a sanctuary for illegals. now california is blowing smoke at the federal government trying to become a sanctuary for marijuana use. joining me his republican strategist, thank you for joining me this morning. >> happy to be here. heather: what is it california is trying to do? >> what is happening is the members of the assembly introduced a bill to prevent california law enforcement and officials from cooperating with the federal government in terms

of marijuana enforcement. this comes up because we have a state law that legalized not just medical marijuana but recreational marijuana as of january 1st and just today the city of berkeley has legalized, has issued a law that says the city of berkeley is a sanctuary city creating chaos between the federal and state government. heather: bring up the details of proposition 64, lays out framework for the pot business. how could this turn into a clash between state and federal government? >> it is important to know this is posturing along the lines of what attorney general in california is doing, 24 lawsuits against resistance lawsuits against the federal government but in reality what happened is the federal government is going to come in and make arrests in front of state law enforcement

whether they like it or not, we have a supremacy clause that says the federal law is supreme over state law but what is awkward here is here putting law enforcement officers who want to enforce the law at a not would position because they have an obligation, they took an oath under the constitution to support federal law and now they are told not to do that. it is chaos, it doesn't really protect them, it is verges signaling by the attorney general. >> a new area of concern for officers. where is that heading? >> typically drug interdiction efforts have been done in a state task force situation so normally they are used to cooperating with each other in this particular law covered the marijuana but they are supposed

to be cooperating with cocaine and other stuff. it doesn't operate in a vacuum so it won't be the case that marijuana is in one place and all the other drugs are separate. it will cause confusion and law enforcement officers will run and put themselves in violation of california state law if they honor their obligations under federal law. heather: why is california doing this? >> as i mentioned earlier the attorney general and governor and most democratic legislature has been opposed to the president. even though the election took place in 2016 they are still campaigning against the president using this as a prop for getting votes from our electorate. they may be pushing a too far because even a lot of democratic voters are not nuts about drug chaos in the streets. we had a lot of problems in the

street so this idea that you can just pick and choose which federal laws you want to follow and which you don't is going to lead to real chaos in the state. we have a situation with serious crime increasing in the state. interesting to see when voters pull the plug on this trend of ignoring laws they don't like in washington. >> more about a political statement they are trying to make versus what is best for the state. thank you for joining us. the time is 20 minutes from the top of the hour. foxbusiness alert, dog food danger four companies issuing a massive recall over salmonella fears but not just about dogs, the danger for you too. american military might on display in syria, incredible drone strike video just released. panera bread making its case to cater awaiting for free. how to cash in on that deal.

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quickbooks. backing you. >> welcome back, donald trump looking to replace food stamps with a grocery but delivery service. mcilvain he calling the new program america's harvest box. >> folks on food stamps, part of their benefits come, don't want to steal somebody's copyright but a blue apron program. >> boxes would include homegrown shelfstable foods like canned goods, rice and pot stuff. it could save the government $130 billion over ten years.

donald trump helping rebuild the crumbling infrastructure, the fourth-quarter salary to the transportation department, elaine chao accepting the check at a press briefing, the president previously donated his salary to the barnes of health and human services. the national park service and education department. foxbusiness alert, four companies issuing a massive recall that could hurt your 4-legged friend, contaminated dog food, not just about dogs, pet owners need to worry too. which products to look out for. >> reporter: talking about salmonella blues not just harmful for the pets but the owners who handle their dogs food. here are the four brands that are being recalled for salmonella concerns.

red barn natural, zoological and beefy munchies. two people have gotten sick from one of the products. if you have any of these get rid of them, wash your hands after handling it to make sure you don't get sick. heather: can't show that video enough. you heard about these companies doing well, jcpenney closing there wisconsin facility. >> closing a major distribution and customer service center in wisconsin, 700 people will be out of a job, they are shutting this down by summer saying they are trying to reduce the network as its national footprint stores getting smaller so that will be shutting down, moving the work they are doing, and in kansas and ohio. heather: are in red, i am in pink. if you're planning a wedding

panera could katie are waiting for free. >> you just have to get engaged at a panera restaurant today. if anyone is thinking of popping the question, one place you might do it, panera giving away free catering to five lucky couples who get engaged today, go to social media, post a picture with the hashtag panera proposal sweep and pick five couples over the next week. >> let us know if you plan to do that. happy valentine's day. 15 minutes until the top of the, outrage boiling after the liberal media attacks mike pence's christian faith. >> for her to say christians are mentally ill was her friends screaming at the sky and beheading donald trump. >> is this the new norm for the left? you know what's awesome? gig-speed internet.

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heather: brand-new video of a fire jet bombing this russian tank in syria. three people were killed in the attack. the american command unit responsible for the strike calling it self defense after observing the tank firing near american forces and their syrian allies. the bombing comes days after

another attack, more than 100 fighters dead, remarkable video there. israeli prime minister benjamin and yahoo is refusing to resign amid possible corruption and bribery charges. the longtime israeli leaders accused of accepting lavish gifts in exchange for favors from two billionaires, benjamin and yahoo denying the -- it will end in the, the decision on charges will come from the attorney general's office and that decision could take months. as we all know donald trump likes the term fake news but how do we separate fact from fiction especially in this world of social media, nonstop social media? is grip jenkins explained it is a challenge facing a lot of schools throughout the country. >> fake news, a term donald trump used broadly in his first year of office referring to negative coverage of his administration but the emphasis on the fake news phenomena and put in an excited stoplight on the need to combat misinformation online especially among young people.

>> it was a wake-up call in terms of what are we doing when it comes to critical thinking. >> advocacy groups reporting a huge demand from educators looking to add media literacy skills to the classroom after the 2016 presidential election exposed how the internet can spread propaganda and alarming speeds. some like the news literacy project focused exclusively on the high schools. >> a big uptick in registrations for virtual classroom from educators across the country. >> program spreading to colleges as well helping young voters differentiate between news, opinion, propaganda and even satire and news stories like immigration and the shutdown to teach the difference between fake and legitimate news. the explosion of social media, they want to ensure they are equipped to make the right

decisions in the digital age. >> fake news, a lot of anger, fear. >> every time i see a headline or statement making big claims, look who is saying at first. >> reporter: 11 states considering bills that would bring media literacy skills into the classroom on a wider scale. grip jenkins, fox news. >> american snowboarders, this is not fake news, john white, look right there, tremendous. 's olympic title, winning the united states 100 all-time gold medal at the winter x, that anyone-year-old becoming the first american male to win gold at three different winter games. we incredible what he can do. this is flawless.

check out as his score was posted, the us now up to four gold medals on the heels of the leader in germany. that was remarkable. a little fluffy white puppy taking his place as the top dog. >> best in show, 142nd that the westminster kennel club. >> he is from colorado and overnight, so fluffy. thousands of other dogs, 202 breeds, the first ever to win best in show. taking his victory lap on "fox and friends" later this morning so stay tuned for that. he will be on at 8:50. the time is eight minutes until the top of the hour and gop

taking a swipe at nancy pelosi, details behind their proposal to give americans more crumbs as she would say in their paycheck. >> giving crumbs. they mock me and ads for say get. >> crumbs they are giving to put the schmooze on is so perfect. you know what they say about the early bird...

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.. heather: democrats flipping a

republican seat. opening up after republican resigned after citing family reasons. and republican senator is maybe reconsidering retirement and hoping to stay in washington. sources say corker's rocky relationship with the president has improved since announcement retirement. and it is a real crumby piece of legislation. a republican congressman taking a swipe at house minority leader nancy pelosi, you'll recall after she credit sighed 1,000-dollar tax bonuses. >> no terms of the bonus that

corporate america received versus the crumbs that they are giving to workers to kind of put the scmooze is so pathetic. heather: the bill would make bonuses tax free. several companies have given tax bonuses and pay raises since act. the crumb's act. she mocked vice president mike pence's face calling it, quote, a mental problem. >> abc has a real problem. imagine if she said about muslims, she would be canned in a second. for her to say christians were mentally ill, they would be

heading. they are okay with reverend speaking to barack obama but this is inshaken. heather: vice president believes jesus talks to him, on the reality show celebrity big brother. so there you have it. that wraps up "fox & friends first" for the 4:00 a.m. hour. happy valentine's day, everyone. "fox & friends first" continues right now. bye bye. >> the right side to have plane was completely blown. rob: fox news alert, terrified passengers praying and bracing for impact. inside the chaos as jet engine begins to come apart thousands of feet above the pacific ocean.