"fox and friends first" continues, goodbye. >> extreme weather alert, second nor'easter striking within a week, high wind and white out conditions expected today is 200,000 people are still in the dark. the powerful winter storm slamming the east coast. janice steen with the latest track. jillian: the justice department suing the state of california for the liberally preventing immigration policy. laws protecting illegals, the white house in lock. rob: refusing to give her a deputies rifle resistant vests. "fox and friends first" continues right now. ♪ ♪ all night long ♪ all night

♪ all night long ♪ all night ♪ all night long ♪ all night ♪ all night long ♪ all night ♪ jillian: depending where you are waking up you have seen snow all night long, renal might long, a combination all night long, who knows? janice knows. we will check in with her in a little bit to get caught up on what you need to know. you are watching "fox and friends first" this wednesday. rob: nice lionel richie to wake up with. thanks for starting your day with us. atty. gen. jeff sessions will head to say, to to make a major announcement about the state absent tory city policy. jillian: this comes hours after the doj slams california with a lawsuit for interfering with ice roundups. griff jenkins joins us with more

on the sanctuary showdown. >> reporter: atty. gen. accusing california vendor minding federal arguing in this lawsuit the three controversial new state laws that protect illegal immigrants finally the u.s. constitution. and prepared remarks ahead of his visit sessions writes that the permit of justice and the trumpet ministration will fight these unjust unfair and unconstitutional policies that have been imposed on you. we are going to win. these laws being challenged prohibit companies from letting ice in workplaces or access employee records and barred local police from assisting federal authorities holding, questioning or transferring suspect into custody and requires the state to inspect federal detention facilities where immigrants are being held for deportation. california governor jerry brown responding at a time of unprecedented political turmoil jeff sessions has come to california to further divide and polarize america. these political stunts are the norm in washington but don't

work here. sad! we have seen this movie before. we are not doing their bidding on immigration and deportation but neighboring nevada's atty. gen. says these state laws are not protecting citizens. >> these are very dangerous policies. this is common sense that our law enforcement locally needs to work with federal authorities to get dangerous felons off the streets and out of our communities. >> reporter: sessions addresses the peace officers association later this morning to talk about this new lawsuit and libby schaff warned about ice raids. that will come up today.

heather: a police officer, three clinton officers shot, one killed while responding to a 911 call. two officers injured are being treated with non-life-threatening injuries. the suspect found shot dead inside the home after barricading himself inside for hours. this tragedy comes 7 months after clinton officer gary michael was shot and killed during a traffic stop. >> just another tragic event for this community and the police department. they have endured a lot and they will indoor more. >> the second death in the line of duty at that department. a terror inspired killer admits to brutally murdering four people. ali mohammed brown pleaded guilty to killing brendan in 2014 and in a surprise confession took response ability for killing three other men in washington state where he has been charged. the jihad inspired wave of

violence was called a mistake as it was revenge for the us action in the middle east. jillian: donald trump raising with wraps claims they will discuss denuclearization with the us but is cautious that it is all talk, the commander-in-chief is open to meeting with kim jong un but once denuclearization to start before that. >> very peaceful, beautiful path, we are prepared to go whichever path is necessary. we are having very good dialogue and you will find out soon what is happening. we have made progress, there is no question. >> the revelations come after a rare meeting with north and south korea. calls for a second special counsel for alleged 22 abuses reach a fever pitch, evidence of bias against the trump campaign. kelly wright joins us with more on the accusations. >> reporter: beyond politics this could be serious because in

a letter to the atty. gen. the chairman of the house oversight and judiciary committees say it necessitates the appointment of a special counsel adding public interest requires action on this. republican congressman trey gowdy and bob goodlatte require investigation of conflict of interest and decisions made and not made by justice department officials. >> what changed for me was the knowledge of the witnesses of michael horwitz, the inspector general, would not have access files to. your auctions, they cannot do that. conflict of interest, let the inspector general do it. >> was abused by a gathering of information from a suspect source not disclosing that to the court and in my opinion getting authority to look at the background of an american

citizen's life unquestionable circumstances. that is a serious concern. >> last month donald trump tweet his displeasure with jeff sessions, before asking the inspector general to investigate fisa abuses. adam schiff blasting republicans demanding republicans demand stating this may help serve the president's interest but does nothing to serve national interests, referring to republicans in terms of the russia probe. they contend evidence the fbi, justice department displayed bias against candidate trump at the highest levels of leadership. rob: the snowstorm over the

northeast. jillian: two states have issued states of emergency and more are expected to follow. >> the latest on where the storm is headed. >> reporter: the changeover to snow in new york city, dc might see snow as well as philadelphia, coastal areas, turning over terrain and maybe freezing rain and or sleet depending where you live but west of the i-95 corridor we will see jackpots notables, winter storm warnings in effect all the way to maine in anticipation of this storm system. it will get cranked up late this morning into the afternoon. and all day event. the airlines are busy with a lot of cancellations and delays. there is the radar, snow being reported in new york city and that is ongoing. the rain and snow line is on top of new york city.

a lot of local forecasters, be nice to them. this is a tough forecast. the rain snow line on top of new york city and if it wavers by like 50 miles it could be the difference between hardly any snow and a lot of snow, be prepared. in new york four files to eight inches. more than that west of the i-95 core door we will see the jackpot snow and then perhaps a snowstorm sunday into monday. >> the snow kicking up what time later this morning? >> it is starting right now but the worst will be midday in the afternoon. rob: ted cruz will face o'rourke in the november election. both candidates hitting 50% of the primary vote. incumbent greg abbott clinching the republican governor nomination.

nobody hit 50. nearly 886,000 texans cast about in the primary, the highest early voter turnout in a nonpresidential year in texas history. jillian: george hw bush's grandson continuing the political legacy, winning the republican primary for commissioner, 50% of the gop vote. he said it was a major victory for the campaign. >> i responded, thanked him for his support, a huge validation of what we are doing in texas and as he would say, a big-league endorsement. jillian: 70% of the party's vote. rob: massive asteroid bigger than the empire state building flying by earth this morning. many of us won't be able to see

it. jillian: ritual telescoped object unable to lunch the night stream to show the asteroid. >> a potentially hazardous asteroid. we have nothing to fear. and is expected to fly within 900,000 miles from earth but shouldn't hit us. jillian: think the confidence. 11 minutes after the hour. kicked off a flight because her baby spits up. airlines marking major outrage this morning. rob: texas primary result, democratic turnout boosting enthusiasm on the left but ned ryan says not so fast. why republicans shouldn't sweat texas too much. jillian: ridiculous - cam video from a dwi suspect, the man who tried to escape police but was run over by his own car. ♪

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>> lone star state voting in record numbers with 886,000 texans casting ballots, the highest early voter turnout texas has ever seen in a nonpresidential election year. >> republicans fighting tooth and nail to hold on to every seat. joining us with reaction is republican strategist ryan. thank you for waking up and joining us. ted cruz and greg abbott, this was an easy one. democrats are turning up to vote more so now than in a long time. what do you think the message is? trump supporters versus

antitrust versus actual issues at hand? >> part of it is the progressive base on the democrat side is very energized. you saw the turnout bump up significantly was democrats in places there were heavily contested democratic primaries and i would think of viewer should look at texas 7, one of the republican congressional district hillary clinton won in 2016, democrats wanted a clean shot at the republican incumbent. d triples the spent money against laura mosher in the democratic primary in texas because they did not want a messy primary but she forced a runoff for may 22nd so the dynamic people should be looking at is democrats need to pick up a lot if not all of those congressional districts that hillary won in 2016 but are progressives going to make the democrat primaries messy? may be wind some of them and put

up a candidate far left of the district? that is a dynamic people should be looking at moving forward to the general. we saw some interesting things play out in that way. >> the senate race will be important in november. if it were held right now to cruise would win but this guy o'rourke has a lot of momentum. he wants to bring back the assault weapons ban, he is pro-obamacare and raising money, a lot of money and ted cruz is a stale politician who has been there a long time, he is not motivating the base as much. o'rourke is outpacing him. could that be tighter than it looks right now? >> yes and no. o'rourke can raise money, he out raced ted cruz. let's not forget the power of incumbency. it is hard to knock off and incumbent. the average for most us senators is in the mid to high 80s so oh

rourke will make this competitive. let's not forget texas is a very red state even though democrats are making noise on this. i think o'rourke will make it a competitive rate that i give the advantage to ted cruz. jillian: mississippi, thad cochran announced his retirement. should the gop be worried? >> what i would like to see is this. governor bryant will appoint a replacement to cochran's seat. the other senate race we have chris mcdaniel challenging roger wicker. what i would love to see is we are not going to have a messy primary. i'm going to appoint daniel to cochran's seat and avoid what we saw in alabama, a very messy fight between conservatives and establishment.

- would be my hope but based on some reports, chris mcdaniels is on the list as the potential replacement. i was a smooth run, let's not have a messy primary, give democrats another alabama. >> to keep another boy more situation out of this. thank you for your time. 19 minutes after the hour. refusing to give her own deputies rifle resistant vests. putting illegal immigrants ahead of her own department. >> what i got the invitation i couldn't resist. >> did somebody say resist? jillian: moving her way onto the runway, nancy pelosi's big debut. ♪ so people watching will be like, "wow, maybe i'll glow too if i book direct at choicehotels.com".

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heather: defending voter registration law claiming it stopped 18,009 citizens from casting ballots. and aclu lawsuit claims it targets minorities and democrats, voters show identification like a birth certificate before the law was implemented, claiming they were over 18 and us citizen. >> liberals have claimed politics, travis county texas sheriff sally hernandez refusing to apply for these fests. required her to hold illegal immigrants for ice. the grant would obtain low

caliber bullets. rob: retirement is a fantasy more than a reality for many if not most americans. >> a surprising number of people at risk of retiring broke. >> the number is pretty high, 42% of americans will retire with less than $10,000 saved according to a new study by go banking rates. they surveyed 10,000 people online and found the main reason people haven't saved money they didn't earn enough to save and were already struggling to pay their bills. this is pretty tough but the takeaways it is never too really to save for retirement. rob: and barbie? >> barbie releases women's day dolls. >> 17 new dolls, the

international women's day is tomorrow, launching these new dolls ahead of that. olympic snowboarder chloe kim, and these will be available. mattel has been shifting away from traditional barbie offering more diverse barbies with different occupations. >> rob should bring snacks with all of us or something. rob: getting called out on tv. a potential diplomatic breakthrough, kim jong un willing to talk about giving up his nukes but is this smoke and mirrors? john bolton says the rogue nation talked 25 years, joins us

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>> the nasty wintery mix is falling in new york city, the real snowfall expected later on, 8 inches in the city, 18 inches elsewhere on the northeast. take a look at this live picture, snow beginning to fall. a lot of these places going to get pummeled with this wintry mix. the head of this winter storm the governors of new jersey and pennsylvania have declared a state of emergency and in new york governor told people to stay off the roads if they do not need to travel, stay home. making matters worse, places like sandwich, massachusetts still trying to recover from the nor'easter that hit this past weekend, hundreds of thousands of people are without power. the storm might make it harder for them to get power back. the storm has been shifting west to east. we could see two files to three inches of snow an hour in some places. the storm will make travel much more difficult. some 1900 flights have already

been canceled, 2600 flights have been delayed. jillian: education secondary betsy devos will visit where the deadly shooting killed 17 people as a conservative survivor speaks about our hanging up during a phone call with donald from. >> i'm trying to control my anger, we have to make a change, make this happen and the white house calls you and says let's do it. let's make the change. and you hang up on him and brag on national television. it is counterproductive. jillian: he is willing to work on both sides of the aisle. rob: jared kushner going to mexico to meet with the president, they will discuss

security, immigration and trade issues after donald trump postponed the visit last month. after disagreements on who would pay for the southern border wall. jillian: donald or perhaps a top economic advisor resigning after refusing to support proposed tariffs on steel and aluminum imports. gary cohen had been discussing leaving the white house for weeks. he later said it was an honor to serve on the white house and the president said he did a superb job. even tweet did it in making a decision soon on the decision of a new chief economic advisor. he will still serve for several more weeks. rob: a new year is not stopping mainstream media bias when it comes to covering donald from, abc, cbs and nbc's newscast found 10 times more negative comments about the president than positive ones. they also found the ongoing russia probe swamped everything

else getting twice the coverage of any topic despite a lot of accomplishments over the last few months. jillian: north korean dictator at the 20 telling south korea the won't attack committing to denuclearization talks as donald trump warns the world is watching. >> we have come a long way at least rhetorically with north korea. these are the cards we were dealt and we are handling it properly. hopefully we will go in a peaceful beautiful path. we are prepared to go whichever path is necessary. one way or the other we have to do something. rob: is this an honest change of heart or just to win favor on the international stage? here to weigh in is fox news contributor john bolton. thanks for coming on this morning. the president seems to be pragmatic. negotiating and go easy on kim

jong un would be a good idea. what do you say? >> reporter: we are not changing any policies just because they want to talk. what are north korea's motives and objectives? a combination of facts, they are close to achieving an objective they have been after for 30 years. which is how to get deliverable nuclear weapons. they want to cross the finish line without being interrupted but they fear donald from. they figured out he is not barack obama. when he says the military option is on the table they know it and understand while he may not want to use the military option he's not afraid to if he has to. their motive is to buy time. not to denuclearize. their objective is very different from what a negotiation from the us deck of you would bring, we want negotiation through nuclear is asian, they want to get the capability to hit the united

states. jillian: donald trump addressed the issue saying possible progress is being made in talks with north korea for the first time in many years, a serious effort is being made by all parties concerned. the world is watching and waiting, the us is ready to go hard in either direction. a couple things that catch my attention, north korea serious about this and false hope. is this false hope? >> he is giving the benefit of the doubt. i always said the president is an optimistic man but he understands exactly what north korea is up to and that is why he is not afraid of playing the military option. to the extent there is a minimal chance of a diplomatic resolution it is in direct proportion from how pyongyang and beijing view the seriousness of an american military threat. they didn't take it seriously before, i think they do now.

rob: a great end would be getting this regime out of power. this is a great opportunity because they are desperate. if they are coming to the table they don't have money, sanctions are working, how do you get this guy out of there and free these people? >> the long-term answer is reunification of the korean peninsula, divided in 1945 supposedly temporarily. to do that effectively and most likely peacefully you need the chinese engaged. we are running out of time given north korea's technological progress was the real diplomatic play is not with north korea but with china and that is something the president is aware of too. jillian: appreciate your time this morning, 36 minutes after the hour, immigration interference. the trump justice department suing the state of california over sanctuary city laws. how does that work? judge and an apology on it was

here to weigh in. >> ridiculous - cam video from the wi suspect was run over by his own car. wait until you see it. jillian: is this exactly what the white house easter egg roll means? carly shimkus live. from the moment you met you wanted to surround them in comfort and protection that's why pampers swaddlers is the #1 choice of hospitals to wrap your baby in blanket-like softness so all they feel is love pampers swaddlers this is a tomato you can track from farm, to pot, to jar, to table. and serve with confidence that it's safe.

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rob: cynthia next and will have to leave the city if she wants to run for governor. >> we are not moving to brooklyn.

i'm a manhattan girl. rob: reportedly laying groundwork for a run for new york governor. she would challenge democrat incumbent andrew cuomo. nixon has not declared her candidacy or said which party she wants to run for. jillian: nancy pelosi sacheting off the house floor into the workroom. we are looking at the democratic leader's appearance on the reality show drag race. >> when i got the invitation to visit the workroom i couldn't resist. >> did someone just say resist? jillian: nancy pelosi tweeted about the episode saying she had a fabulous time onset with the queen. rob: it is happening to reality shows. traveling alone, kicked off of a flight because her baby spit up. jillian: spirit airlines sparking outrage this morning.

carly shimkus with serious xm 115,\online. >> customer service on airline second to none, treated likings in queens every time. we heard about people getting kicked off planes for being drunk or disorderly but this might be a first. a woman traveling orlando to boston on a spirit airlines flight since she was kicked off because her baby got sick on board. she wrote about the situation on facebook saying she requested an aisle seat because her baby spit up but flight attendants told her she would have to leave the plane because she was too sick to fly. to add insult to injury when she boarded the plane she felt her baggage with all her baby's things in it was still on the plane. social media is outraged and taking their complaints to facebook andrew says all babies spit up and rarely from illness.

sounds like spirit employees need sensitivity training. in the says how do they put you through that? spirit airlines said the safety of the passenger and the child was the number one priority and they refunded her flight, offered her to fly on the next flight and offered her two round-trip tickets for her trouble. kim jong un 7 florida lawmakers banning free-speech zones from college campus. >> that means the entire college campus is a free-speech zone. state representative bob ronald said i received thousands of calls from students that feel their right to speak freely when they went to an outsider lies has been infringed upon. a lot of people think this is a

good idea including thomas who said if it is not free to all it is not free at all. another user says we have to pass a law to make our first amendment rights legal? mark says the snowflakes are melting. the bill would allow colleges to be sued if students or others disrupt or hinder speakers. jillian: a call for vegan candy at the white house. >> the white house easter egg roll coming up, getting into that time of year but peter's vice president said this, the child should feel isolated but some lactose intolerant or won't drink milk because they love cows feel isolated from other children because they eat only nondairy easter candy. john on social media so seriously, vegan candy, peta would get more respect if they

were not such extremists. another two says what is vegan candy? they said they would provide some to the white house and it would include milk free chocolate eggs. rob: i miss milk so much. kim jong un ever had vegan candy? rob: know. we will talk about it. jillian: we will talk about it later. rob: sanctuary city slowdown, the justice department slamming the state of california with a lawsuit over immigration interference. do they have a case? judge andrew napolitano is next. jillian: let's check what is coming up on "fox and friends". >> if you could save a life would you do it? of course you would say yes but what if it required you donating

a kidney? you are about to meet two men, both marines, the younger guy donated the kidney to the guy in his 50s. they were both in jacksonville. you will meet them both live on "fox and friends". what a story. judge entered napolitano will join us. we will tell you more about the superintendent of schools at the high school that apologized because her students ran up the score. what lesson does that teach kids? we will talk about that and more, 14 minutes from now on the channel you trust for your morning news. rob and jillian return in two minutes. 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

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jillian: immigration interference. the trump justice department suing the state of california for deliberately interfering in federal immigration policies. rob: claiming three new state laws make it impossible for officials to do their jobs. jillian: judicial analyst judge andrew napolitano, thank you for joining us. what do you think? do they have a case? judge napolitano: yes and no. it is an unusual situation. it is not a case like new york where the mayor said the police department don't cooperate with case. these are actual statutes, laws enacted by the legislature that forbid them you don't have the option, for been cooperating with ice. do state officials have to tell ice where illegal immigrants are? answer no. under federal law and state law.

california prohibits private employers from cooperating with ice. that is a serious first amendment problem, the state silencing private employers, you own a little shop and they say do you employ anyone who is not here legally, you know of anyone here illegally? it is a crime in california for you to answer that question and that is a violation of the first amendment. part of the federal lawsuit would prevail, part trying to invalidate that statute. part of it, the state will prevail because it can direct its own employees not to cooperate with the feds. >> california has no authority to enforce laws that obstruct or conflict with or discriminate against federal immigration enforcement efforts. judge napolitano: that is what a

federal judge will decide. rob: these things were happening under the obama administration. judge napolitano: the trump administration can get rid of this, republicans control both houses. the next budget that comes out, san francisco needs $100 million for schools, attach a string to that, you will cooperate with ice. they will never turn down the cash, if they accept the cash they are contractually bound to help the federal government. that should have been done by now. republicans and trump have been in office 14 months and i'm critical of them for not having done that. jillian: trey gowdy, demanding a special counsel here, do you

think the second special counsel is needed and will it happen? judge napolitano: i am critical of special counsel generally because they go all over the place. look at bob mueller's indictments, the moneylender ring before trump with even candidate and they do this to justify their own existence. it was worth $20 million we spend on these indictments but think about this, the person appointing special counsel would be right rosenstein of the doj and who approved those pfizer -- fisa applications? it was in conflict. i don't know where this is going to go. could they pass this on to bob mueller? yes. that would save a lot of money, the team has been influenced, there is no learning curve so be careful what you ask for. you may seal up with bob mueller investigating the justice department as well as the president.

rob: you need an independent investigation because horwitz can't investigate comey and a number of other people involved in this. judge napolitano: they left the doj. once you leave government employee the inspector general loses authority to summon you in and talk to you. trey gowdy has a point. traditional criminal investigation with group of prosecutors and a team of fbi agents can summon anybody in but the inspector general can't lay a glove on you, comey is gone, the people you want to talk to are gone. where it is going to go i don't know that there is some stuff bubbling anisa surface and trey gowdy knows what it is. jillian: thank you. 6 minutes, it is 6 minutes until the top of the hour. stop what you're doing, you can make wine in your own home using

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first up, the good, forget everything you know about wine. all you need is a glass and insta pot. making wine that terrorists like merlot. be prepared it has to brew for 48 hours and sit in a bottle for 8 days but have you your homemade wine. rob: next the bad. forget the shoes and service. baristaville jill can't get coffee, rob. rob: saying neigh. she just wanted frappuccinos for her birthday they said if they had advanced notice they would have accommodated her. jillian: hobby pulling off run and hit. du suspect suspect trying to gets run over after forgetting to put the car in park. police nabbing the man and charging him after catching him running into the woods.

so, if you are going to run away, make sure you put it in park. rob: precious. jillian: don't run away from the cops. rob: not a good idea. we hope you survive the storm. it's going to be a nasty one out there and "fox & friends" starts right now. see you later. >> the department of justice launching a major lawsuit against the state of california. alleging deliberate interference with federal immigration policy. >> with jeff sessions' arrival in sacramento, justice is finally coming to california. >> house republicans now calling for a second special prosecutor they want answers after alleged abuse of a fisa surveillance program. >> we don't have the tools. we don't have access to a grand jury. we can't grant immunity there are a thousand reasons to let the special counsel handle this. >> there are already names being floated to replace gary cohn at the white house. trade advisor pete navarro. >> so many people want to come. and i have the choice of anybody. >> the lone star state coming out