rob: monday may sixth, this is fox fox first i should say happening at 4:00 a.m. fox news alert. florida sheriff's deputy shot in the head and now clinging to life. what we learned overnight about the suspect's history of violence against police. >> john kerry is not negotiating on behalf of u.s. government and what he's doing is inappropriate. i hope john kerry stops. rob: john kerry accused of shadow diplomacy to salvage the nuclear deal that he help today broker as the president faces republican pressure to scrap the deal we are live in washington. >> i'm wondering if senator hall would feel the same if students walked in instead of the word

god the word allah welcomes students to school. rob: in god we trust, too offensive for students, bipartisan effort to teach two democrats in american patriotism. "fox & friends first" starts right now. ♪ ♪ rob: good song to wake up to. thank you for joining us on this monday, today for heather childers, we have a tough one to follow at fox news alert, sheriff's deputy shot --

fighting for his life after being shot in his head, the suspect in this pulled the trigger in lake placid, florida. >> we ask that you continue to pray and hopefully that will give him the strenlt -- strength to get through this. rob: man has a history of harming police officers, deputy is a 9-year veteran and serves with his brother a detective. also breaking right now, 26 homes now destroyed as lava flows intensify from hawaii's kilauea volcano. brand-new video there, shocking video showing molten rocks spewing into the air, right there on the big island of hawaii, hot lava also giving off

poisonous gas which is another danger, scientists still don't know when lava flow will stop, kilauea is one of the most active volcanos in the world. today vice president will meet with uk leaders as deadline day is quickly approaching. the regime now warning that a withdrawal would be a historic mistake, griff jenkins live in washington with more on that meeting and controversial effort to try to save the iran deal, griff. griff: good morning, first france and germany and now britain to force president to stay in the nuclear deal. the deal has weaknesses and can be remedied and the president may want to delay the decision ahead of saturday's deadline.

>> maybe the best thing for the president to delay a bit more his deadline of his month and put the french and the british up to the test of whether it is possible to get this other sort of agreement. >> this as iran's president refuses to reconsider negotiations. >> we tell the whole world, america, europe, the east and the west, we will not negotiate with anyone over country's weapon and defense. griff: meanwhile reports that john kerry, lead negotiator has been engaged in shadow diplomacy to try and save the deal but he's facing criticism from the likes of former senator joe lieberman from trying to get in the way. >> john linerman is not negotiating on behalf of the government, i hope ever he talks to knows that, in my opinion

what he's doing is inappropriate and she shouldn't doing that. griff: johnson arrived and will meat with john bolton and other officials. secretary of state mike pompeo has press conference later this afternoon, we may learn then. rob: we might, we are down to the last week. john kerry's reported move shining now light on what president trump calls the swamp, katrina pearson says this behavior from obama-era official effort to keep the former's legacy alive. >> you can't imagine they want to give up all of this unfettered power but do i think a lot of people are shocked just to see how in your face that a lot of the agencies are pushing to try to essentially overthrow the president of the united states and it was very important throughout the 2016 campaign

that the president was 100% on board with the people, he campaigned on that, he talked about draining the swamp and now that he's in office and trying to do just that, of course, they are going to fight, it's no secret that the agencies have been out of control, it's no secret, what did people think that president obama meant when he said he we wanted to fundamentally tran form america, we are looking at a obama holdovers causing problems, they have weponized processes for anyone, not just political appointees but people that even like the president. rob: all right, north korea taking a shot at the united states just weeks before high-stakes talks between president trump and kim jong un. rogue regime claiming the false extreme pressure bringing north korea to the table. dangerous attempt to ruin

peninsula's relationship. may 14th event comes the same day that israel celebrates 70th an versia and one day palestinians protest the anniversary of displacement. riots continue alopping the gaza border with israeli soldiers killing over 40 people in just the last few weeks. nominations will not be derailed bipartisan critics, white house to confirm gina haspil, causing stir in senate hearing, toddpiro with the very latest. >> the white house is not backing down on support for president trump's pick to lead the cia, administration officials saying, quote, her nomination will not be derailed bipartisan critics who sigh with the aclu over cia on how to keep the american people safe, this comes after haspil toyed with

withdrawing her nomination following scrutiny following her over in program. some demanding the cia lift her vial, or the vial, senator ron, telling npr, quote, i'm familiar with the classified material, i think the vast amount of this can be declassified. i think the agency covering background because if the american people knew what i knew, i think there would be many senators who would say, look, there's no choice but to reject confirmation, some say lawmakers need to look no further than her qualifications. >> she's also the -- first woman to lead the cia which usually democrats would be excited about and support but because of her involvement in some post 9/11 enhancinged interrogation the democrats have we wanted to relitigate the 2000's again.

>> in line with what the trump administration needs. >> the president who does not always attach decisions to the real world, to data, to evidence, gina haspel is the woman i want in the room when everybody will be going to north auto boss, you're right, boss, gina haspel won't. rob: we will keep an eye on it. president trump will not have to some plied if -- complied if he's subpoenaed, new message from his attorney rudy giuliani. >> he's the president of the united states. no under oath, only q&a and we get questions in advance and write the report two weeks before. rob: the president could plead

the fifth if he testifies in russia probe but former attorney says it won't get that far. >> the president will not sit down for an interview because the investigation has reached the level of bad faith. rob: the president suggested he would be open in interview in the investigation he calls a witch hunt. a top house republican will push for congress to hold attorney general jeff sessions in contempt. intelligence chairman devin nunes calling for the move amid the investigation into the doj and fbi or alleged surveillance abuses during scrutiny of the trump campaign and trump adviser carter page. >> last week we sent a subpoena and then on thursday we discovered that they are not going to comply with our subpoena. we have to move quickly to told the attorney general of the united states in contempt and that's what i will press for this week. rob: this is getting ugly.

nunes calling out the doj for not providing documents related to committee's investigation. first lady melania trump will reveal platform to help our nation's children, according to spokesperson she will concentrate initiative on range of issues like social media, health and addiction instead of tailoring it to a specific topic, the announcement is scheduled for 3:00 o'clock eastern that. will happen in the white house rose garden. 11 minutes after the hour, rosie o'donnell in trouble for helping his opponent a bit too much, democratic donations that she hid from the feds. two major setbacks to robert mueller's case, why our next guest says the special counsel to have legal free rein may be the final nail in the collusion coffin. >> before he killed me, i hope i

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rob: all right, welcome back, robert mueller russia's trump indictment could face embarrassing dismissal. a second judge dealing major plow to the probe. >> the president will not sit down for an interview because this investigation has now reached the level of bad faith, this is no longer a good-faith investigation. >> i have my doubts, i think paul manafort's attorneys has a point, there's a limit to which independent counsel with ken star, president clinton and special counsel really the same issue. i don't know whether that line

has been crossed. rob: here to make sense former cia operative mike baker. first question we want to ask you, we have the mueller probe regarding, sorry, the manafort and the 2005 -- the bank fraud case and then you also have the russian troll farm. both of these got hit in the last couple of days, tell us what the scope of this is? >> right, most people probably not really paid much attention to the russia troll farm issue but essentially mueller and his team obtained indictment against three russian companies and 13 russian individuals and the indictments, look, the individuals and companies were involved in manipulation or effort to manipulate the 2016 election and that's 30,000 level, russian meddling in social media, et cetera, and so

that's what that case is about. it's sort of a legal battle right now, mueller's team wanted a delay based on some sort of technicalities over whether the summons had been actually obtained by the folks -- rob: i guess the russians helped to deliver the summons, right? >> the russian government looks at it. russian government is not going to do us any favors as they haven't done favors in a long time and will not assist with that unless absolutely required. the manafort case, you know, if you look at both of these in a sense, it's what special prosecutors do, it's what mueller and his team in a sense are doing what we always see special investigations do, they range all over the place. at a certain a point they

collect mass in terms of resources and time they've invested, budget they put into it that they are all over the place looking something essentially to justify their existence. rob: right, in this case, paul manafort who, you know, a lot of people on the left thought behind the grand collusion theory that they have, that he was communicating with the russians, trying the swing the election this way and they find bank fraud case from what, 13 years ago now and this judge, one judge who was actually a reagan point' says you can't use this to try and make a case here, this is too old, right? >> you have a reagan-appointee judge making those comments and really in unprecedented fashion and publicly talking about, you know, what mueller's team is doing here and the reason why they are going after manafort which, again, has really nothing to do with the collusion issue. the judge making the comments

relating troll farm, that's a trump-appointed judge, you are in the weeds of legalese and that's not my area of expertise. rob: we have gina haspel, mike pompeo secretary of state. she has a confirmation hearing coming but she's been tie today this water-boarding enhanced interrogation, how do you think this goes? >> well, i think if it was any other administration that had chosen gina haspel, they would be praised for rock-solid choice. she has 30-plus years of operational and have solid management experience, she knows the intel community, independent-minded, very strong-minded, excellent choice for this, because we are in the times that we are in, the democrats want to relitigate this, they view it politically as good for them to relitigate the rendition program, she's already been absolved of any responsibility by a number of

the dems that will be going to confirmation hearing and they view it as politically good for them to bash the current administration. rob: real quick, do you think she gets through, is she confirmed? >> i do believe she will get through, even the highly partisan people on capitol hill have to say he's -- she's an excellent choice. rob: mike, thanks for coming on. isis vowing deadly attack targeting campus, steps being kept to keep students safe. >> in light of last election, i'm concerned about us as women and how we think. rob: michelle obama scolding women for supporting the president. carley shimkus here with backlash that's boiling over this online. mom, dad, can we talk?

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and set a password you can easily remember. one more way comcast is working to fit into your life, not the other way around. rob: welcome back, rosie o'donnell has made it clear how she feels about president trump. >> so donald trump and his pathetic ban of white privileged criminal businessmen, i would like to say to him -- rob: comedian in hot water for hiding democratic donations from the feds, carley shimkus with fox news headlines 24/7, siriusxm 115 is here with the reaction online. this is something that could get her put in jail. carley: reportedly she's donated more than a legal limit to 5 democratic candidates. people aren't allow today -- allow today donate more than $2,500. new york post finds that she

donated 4,000 to senator doug jones and 3,000 to connor lamb just to name a few, telling the post, nothing nefarious, i was not choosing to overdo nate, if $207, candidates should refund the money, i donate assuming they do not accept what is over the limit. so folks on social media, talking about this one, bob says she knowingly committed a crime through attempts to add deception, she absolutely needs to be charged and sassy on twitter says, ros' o'donnell illegally exceeded contribution limits, what are the consequences, a lawyer says people are rarely penalized to overdo nate to go specific candidate. she has 5 different addresses and four different variations of her name. rob: i don't know if anybody buys the whole excuse and you have -- >> the people are comparing the

two. rob: michelle obama not a fan of the president. carley: big shocker. she's worried about the women who voted for president trump. take a listen. >> i'm concerned about us as women and how we think about ourselves and about each other and what's really going on. what is going on in our heads where we let that happen, you know? carley: she went onto question whether women are comfortable with the idea of a female president, so gina on twitter said, what i'm concerned is putting women down that didn't vote for hillary, ask all bright we are our own thinkers. many women who voted for

president trump because you're a women, you vote for the best candidate. rob: fox news alert, violent volcano eruptions spewing hot lava and toxic gas. >> fuming, it was roaring, thundering, the rocks are flying out of the ground. rob: escalating danger in hawaii intensifying by the minute as deadly lava consumes everything in its path. also in god we trust under attack, democrats taking aim at our nation's motto suggesting it be replaced within allah we trust, our panel of bipartisan panel on this comes up next

rob: all right, back to fox news alert, lava flows intensify,

kilauea volcano showing no stop of stopping, from hawaii. >> more lava spilling in residential area in hawaii destroying homes, the aloha from killer volcano, sulfur dioxide is another serious threat, can cause respiratory problems. they follow a magnitude 6.9 quake that struck friday, hawaii's strongest in 40 years. 2,000 residents evacuated. sunday opened one neighborhood so people can grab necessities that they left behind. >> it's just sad. >> some admit they knew this day

would eventually come, the downside of living in paradise. >> that's the gamble that you take, is to have all the beauty and it's the volcanos. you have to just know that you live on active volcano. >> officials set up various shelters, evacuees are keeping spirits high by remembering they are all in this together. the kilauea volcano has been erupting since 80's, there's no telling when it will end. on the big island, fox news. rob: all right, fox news alert, terrorist takedown, according to iraq's prime minister the terrorist position was completely destroyed in a town that's right near the syrian border, strikes continued against isis which still poses a threat from small pockets of militants although victory was declared against the terror army

last year and they lost most of their land. turkey threat tong united states over the possibility that the pentagon could stop selling missiles and jets to its government, the turkish foreign minister vowing retaliation after house of representatives released details of 717 billion-dollar annual defense bill that could temporarily block the weapon's sell to turkey. pentagon is moving closer to being able to use massive numbers of small drones to swarm and overwhelm enemies, the program code name gremlins aims to launch dozens of drones like this right out of one plane. two u.s. companies awarded contracts to develop software allowing the aircraft to take off and land safely. we will keep you posted on that. jeff sessions is heading south to take on immigration enforcement at the border, the attorney general will be in san diego today along with outgoing

ice director tomas homan as the final group of the caravan out of hundreds who made the your jy were granted asylum at the san ysidro port of entry, in god we trust, minnesota state floor over a bill that simply allows schools to voluntarily display posters with the saying on it, but some lawmakers arguing that the model doesn't belong in schools, they say it is offensive. >> i'm wonder if senator hall would feel the same if students walkedded instead of word god use allah to welcome students. rob: patrice, thanks for coming on this morning. >> sure, good morning. rob: well, this is an interesting topic, you have, i guess, two democrats in minnesota that are fighting for

a change that most politicians are not behind? >> seems so. but let's look at national motto, this is nothing that's necessarily promoting a particular religion, this is deep roots in our history but also as other courts have held, it's relatively it's in the necessarily promoting any particular religion. we have seen the supreme court turn down a similar case brought against using the motto and i think this won't fly. i think the state will decide to go ahead and allow schools to voluntarily post their national motto. rob: this kind of goes -- this is not a partisan thing, isn't it, this happens to be something that these two seem to believe in but other democrats have come up against them as well, sounds

like most all of the republicans? >> yeah, i mean, i think they are trying to be a little confrontational hearsaying that they are representing a broad pushback against this motion, but that's not necessarily the case, i think parents have overwhelming supported this idea and we have seen similar cases across the united states where participants were overwhelming supportive of ensuring young people understand what our nation stands for, what the founders of this country believed in and the fact that the founders we wanted to ensure that everyone could practice religion free from entanglement. rob: 90% of americans believe in some form of higher power. i want to ask you, let's show you one more. in god we trust be removed from america's classroom, a question posed to fox news viewers, 97% saying no and 3% saying yes. so i want to ask, the democrats

have been moving further left in some regards especially with immigration, otherpolis, is this another example of them trying to push an agenda that very few people agree with and can this harm them as this makes its way through the media, as people hear about things like this, i think that scares a lot of people perhaps voting for that party. >> i think it does, you certainly have people, 20% of the population will say they're atheist and they are saying they are representing interest, when you talk about removing this motto from our money -- from what our nation stands for, from turning its back on what we were founding on, i think it's moving so far to the left that regular people, independents who recognize that you can be a specular nation and still recognize and how the nation was founded, they have become tone-deaf and turned people off who might be open to ideas.

rob: the people who we wanted to rip down the george washington monuments, don't have a lot of support, patrice, thank you so much for coming on this morning. we appreciate it. >> thanks for having me. rob: bernie sanders socialist school tuition school, one step close the other reality. >> we are going make public colleges an universities tuition free, tuition free. tuition free. [cheers and applause] rob: it's a big promise, one state just took a big step, though, toward tuition-free college but take a guess who would be footing the bill, and the nfl could make standing for the national anthem a team hois, is that the right move? the comments pouring in on this one.

rob: welcome back pennsylvania

college on edge this morning even rescheduling final exams after what appeared to be an isis-inspired threat to campus. disturbing tweets from students to carry out attacks, the picture of guns also being tweet bid the account, swat team in campus but no credible threat at this time. students in maryland can soon go to college on the taxpayer's dime, republican governor larry hogan will sign bill covering tuition at community colleges, the program cost $15 million, open the students from families earning less than $125,000 a year and this goes into effect next year. we will see how it goes. financing firearms, glimmer of hope for a gun maker who was set to go out of business, tracee carrasco from sister network fox business here with how bank of america is helping remmington,

tracee. tracee: bank of america remmington fund to go help it get out of funding, $43 million to 193 million lending package funded by 7 banks, this of course, weeks after the bank said it would stop financing, quote, military-style firearms for civilians, we know that a lot of gunmakers have been in trouble following all of the mass shoot that is we have seen recently and hopefully this will help stabilize remmington. rob: i'm curious to see if there's a boycott of bank of america. it's national nurse's week? tracee: it is, can't think of a better group that needs appreciation, nurses, free deal, amazon free kendall books,

cinabon's, founder of modern nursing, so we will look forward to some other deals on there, i checked social media, some other local businesses probably doing businesses too to celebrate nurses. rob: as you said, much deserved. appreciate it. the and a half could soon make standing for the national anthem a team choice, the washington post reports the league is considering giving teams the power, as compromised the policy recommends but does not require players to stand. president trump called the leaking week and out of control for allowing play toaster disrespect the flag, owners will take the issue later this spring. we will follow that. most of you watching at home aren't for compromising when it comes to the frag, -- flag, barbara ryes, show should be requirement for the nfl for the entire league. don't make them

because it's just fake, keep them kneeling the nfl out of business. if they want to play in america, they need to respect america, it should be required to stand quietly and respectfully. all right 44 minutes after the hour, the march to midterms is turning into a sprint as voters head to the polls tomorrow in four critical states, it's going on an interesting week. the fight to control congress really heats up here in 2018, stay tune. with your golf clubs. now you can, with shipsticks.com! no more lugging your clubs through the airport or risk having your clubs lost or damaged by the airlines. sending your own clubs ahead with shipsticks.com makes it fast & easy to get to your golf destination. with just a few clicks or a phone call we'll pick up

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rob: all right, welcome back, the countdown is on, polls opening in just 24 hours for

primary races in four key states, republicans in indiana, west virginia, ohio and north carolina will pick their candidates for congress tomorrow and the stakes are pretty high in some of the cases, what should with look out for, here the break it down for us, scott, thanks so much for coming on this morning. we start in west virginia where we have an interesting race and we have a very vulnerable seat that's held by joe manchin. >> joe manchin has been elected for 36 years, donald trump won the state by 42 points. this is -- rob: shocker. >> this is what makes him vulnerable. the question is there's three republicans in the primary, jenkins, morris and blankenship, jenkins, clearly toss-up race, very competitive, manchin will have hands full.

blankenship, if he wins, manchin will have a breather. a lot of republicans are hoping that the president would send out a tweet don't vote for blankenship, we will see. rob: all fight to go see how -- they are all tieing -- >> sure. rob: we have ohio next and another possible vulnerable seat. >> brown is not as vulnerable as joe manchin but donald trump did win the state by 8 points, biggest margin in ohio since 1980's and brown is a little bit nervous, jim, the republican congressman is heavily favored to win the primary but both candidates are supportive of donald trump. absolutely no doubt about that. rob: the governor there kasich, never-trumper republican governor interesting to see who will take that spot?

>> the one thing it won't be anybody like john kasich, they are both run get away from him, they are both saying we are the best supporter of donald trump, lieutenant governor taylor also hope to go take the shot, they are both as i said, they are never kasichs at this point as oppose to never trumpers, on the democratic side we have richard, channeling elizabeth warren at the consumer finance bureau, but he's one of the more moderates in the race, he's favored. at the end of the day n ohio if things goes as we expect in primaries, democrats will be narrowly favor today win in the senate race, republicans in the governor's race. rob: okay, joe donly in indiana and this is the nastiest fight of them all for republican primary? >> two guys, renaacci.

rob: comes out of no where. >> spend august lot of money of his own, $6 million, key story here is any one of these three can be -- can beat joe donly, it's been a competitive race, question from the republicans, can they unify. rob: okay, mike brau, in the leader there. >> by the way, most of the things that are going on are at state legislative level and there's a court-ordered redrawing of the districts, a lot of confusion, a risk here for the republicans they currently have 10 of the 13 seats in north carolina. rob: okay. >> any pick-ups achieve the overall goal for needing 23 seats to win of control of the u.s. house. rob: the situation is advantageous, they have

withdrawn to allege get red of gerrymandering which is what they fought for. >> he's facing a rematch in the primary against the same candidate mark harries that he won by 134 votes two years ago, this is a place where the republicans are really hoping to hang onto, incumbents and any advantage they can. rob: this is just the beginning, it gets a lot more complicated. >> we have about 30 primaries coming up in the next couple of months. rob: good to see you. 53 minutes after the hour, a gun-toting grandma taking matters into her own hands when someone tries to break into her house. her miami to that intruder, that will get you fired up this morning. stay tune. >> miracles don't normally happen to old men and i guess i run into one. [laughter] rob: and also world war ii veteran who finally got his diploma nearly 7 decades later.

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rob: all right, fender-bender closing roller coaster on opening day, shut down for hours when two train cars lightly

bumped at the loading station, that's all it took, nobody seriously hurt. it since reopened, steel has 205-foot peak, 90-degree drop and grandmother taking matters into her own hands. maxine thompson heard her security system go off as man shuttered window, thompson, mother of police officer, grabbed late mother's gun and shot at him several times. >> kill him before he killed me. i hope i taught him and the rest a lesson, stay the hell out of people's house. rob: at least one of the bullets hit him, the burglar was treated and then arrested. a world war ii veteran finally getting diploma 68 years after leaving college, 96-year-old bob

believed to be the oldest graduate ever from the university of toledo, had enough credit for an associate's degree. >> it don't normally happen to old men. i guess i run into one. rob: dropped out of school in 1950 to focus on a job and raising a family. that is something else. royal family fans get ready to pop the champagne, celebrating the upcoming wedding of the uk's prince harry and former american actress meghan markle, taking pictures with cut-outs and when harry met megan, the couple will say i do in just 12 days, everybody looking forward to all of that circumstances. "fox & friends first" continues right now.

julie: monday may seventh, hot lava and toxic gas. dozens of homes as hundreds of small earthquakes in parts of hawaii, escalating disaster in big island happening right now. rob: vice president mike pence talking the iran nuclear deal with the uk today just days before the deadline, how john kerry is now being accused of shadow diplomacy to try and save the deal that he helped to broker. >> helping terrorists connect, facebook's feature help hundreds of jihadists around the world find each other? "fox & friends first" continues right now.