was in the right place at the right time. we are too. that is a true hero. most-watched, most trusted, most grateful you spend the evening with us, good might from washington. i'm shannon bream. it is thursday, june 28th and this is "fox and friends first," happening right now at 4:00 at 4:00 am on the east coast of fox news alert, a battle for the bench already waging on capitol hill as democrats vowed to stop donald trump from naming a supreme court justice to replace retiring justice anthony kennedy. >> democrats want judges who will rewrite the constitution. >> the senate should reject on a bipartisan basis any justice. >> and destroy your freedom. >> democratic leadership will have hell to pay. they cannot let this happen. >> live in washington to break down who is on the pres.'s short

list and women smart organizers taking calls for confrontations to the next level. the ruthless civil unrest they are planning today and why democrats are in their crosshairs too and meet the group of heroes who don't need to put out fires to save the day. "fox and friends first" starts right now. ♪ >> thank you for joining us this thursday morning as the sun comes up across the speed of the country this morning thanks for joining us as always. of fox news alert, another busy

day, justice anthony kennedy announcing his retirement from the nation's highest court meaning the stage is set for donald trump to make his second appointment to the bench. >> i'm very honored that he chose to do it during my term in office because he felt confident in me to make the right choice and carry on his great legacy. >> the democrats already gearing up for a showdown vowing to block the nominee. griff jenkins live with the latest. i don't know if today can top yesterday. because while. >> i don't know. whatever anyone thought about the 0 selection where the battleground was it all changed, the supreme court swing vote announcing his retirement, the moment was not lost on the president last night in north

dakota. >> justice kennedy's retirement make the issue of senate control one of the vital issues of our time, the most important thing we can do. democrats want judges who will rewrite the constitution anyway they want to do it. >> now donald trump gets a second chance to shape the ideological balance of the high court in the short list of nominees is not so short, 25 names on the list including a few finalists from his first pick, william h pryor junior and thomas harvin in current use our sen. mike we with the state set for this fierce battle, mitch mcconnell says he would like to see a vote to confirm the nominee very soon. >> the senate stands ready to fulfill its constitutional role. we will vote to confirm justice kennedy's successor this fall. >> reporter: democrats want to hold mcconnell to the same standard he applied in 2016 when he refused to bring merrick garland to the floor for a vote.

here is sen. schumer. >> a republican colleagues in the senate should follow the rule they set in 2016 not to consider a supreme court justice in an election year. >> the impact of justice kennedy's role in the court cannot be overstated. voting with the majority in rulings on the travel ban in the public sector so this showdown is going to get busy. if you have plans this august you may want to reconsider. >> whether he can get it done before october remains to be seen. we will talk more about this. donald trump letting loose in north dakota during the energetic rally, hitting on a number of issues from repeated calls for harassment of republicans and tighter border security. listen. >> democrats went open borders and crime crime crime happens automatically when you have open

borders, democrats want to let the country be overrun, just look at what is going on. everybody comes in including the file gang ms 13. maxine, she's a beauty. she was telling people the other day to us all. can you imagine if i said that? or somebody else said that? horrible what she said. now they want to censure her, let's see where that goes. celebrate your heritage and live life proudly under the big beautiful skies and you have big beautiful skies out here. together we are taking back our country, returning power to the every day smart brilliant wonderful hard-working american people. >> 71 minutes last night he talked but in the meantime waking up in wisconsin this

morning, he will start his day at a fundraising event in milwaukee and this afternoon he will witness groundbreaking of the fox on electronics factory, the taiwanese company's project will produce flat screens and is expected 13,000 jobs in the badger state. today we expect to learn where and when donald trump will meet with vladimir putin. john bolton striking for a summit after meeting with the russian president in moscow. helsinki and vienna have been named as possible sites, several more weeks will be needed to prepare for the talks. overnight defend secretary mattis said the us will keep its nearly 30,000 troops in the asian aging keeping commitment to security working to denuclearize north korea. the trip comes on the heels of

his visit to china. president xi jinping warning mattis they will not give up an inch of territory in the south china sea. the us is concerned of the militarization. and big news yesterday, disgraced fbi agent peter stzrok will face a public here on capitol hill, lawmakers grilling him for 11 hours behind closed doors over his lack of answers about his anti-trump text messages. chief intelligence correspondent catherine herridge has more on what happened. >> we are getting a series of impromptu briefings from lawmakers as agent stzrok's deposition progressed, republicans are convinced his anti-trump bias infected the fbi investigation. >> i would expect any witness to suggest they looked at this impartially i don't know how you read the texts, any reasonable person reads the texts would suggest there is no bias.

>> reporter: agent stzrok would not take fox's questions or questions for many of the reporter. based on what we heard from lawmakers they are focused on anti-trump her text messages, the exchange with lisa page, especially one from august 2016 where they talk about stopping trump. democrats say these were intimate personal messages and at the end of the day agent stzrok was not the sole decision-maker. >> 20 people on the team and display political bias. >> fbi director christopher ray and rod rosenstein receiver is a special counsel case testifying publicly on the south same house

panel. >> fixing the border crisis. and being separated, and adding 200 immigration judges. after the house failed to pass a compromise bill and provide a daca fixed. milania is expected to visit centers housing illegal migrants. time to shake up the department, robert wilkie appears to be heading for compromising, facing lawmakers on capitol hill. and patient wait times. >> no greater assignment i am

honored they gave me the responsibility to help. >> david cell can was fired in march. the landmark ruling marking a big win for first amendment rights, deciding government employees will no longer be forced to pay fees for unions, outraging democratic labor groups, and financially support political views. nonunion workers don't agree with those views and it was a violation of free speech. fox news alert supreme court shakeup, and to pick a fight over whoever donald trump pics to replace justice kennedy. how important is it for republicans to hold onto their own seat in november? the most important issue in

november. a catastrophe, on camera. ♪

>> big question. anthony kennedy announcing his retirement, another seat on the high court, the opportunity to fill. who can we expect the president to tap to replace kennedy? former justice official, thank you for joining us. who is it going to be? >> we don't really know.

>> some potential nominees, the president said he will pull from the list of 25. let's look at the top names we are looking through. annie barrett, can't read them that quickly, 25 of them. we narrowed it to six and brett cavanagh in the lead. what do you know about these folks? >> brett cavanagh has a really good record, in the bush administration. if you read his opinions he is the kind of conservative, constitutionalist i am sure the president would like on the supreme court. >> and amy kony barrett. >> the court of appeals, the target of some nasty

anti-catholic bias going through the confirmation hearing and conservative justice who believes in the constitution being applied as it was written. >> he was recently added. and then another top name to par. >> the list the president came up with is an amazing list and these were all folks who would fulfill what the president wants. he wants somebody like justice scalia, like neil gorsuch proved in his first year, who is not going to vote the wrong way on some issues the way justice kennedy has in the past. heather: he ended up being the swing vote even though he was brought in by reagan, and now it is 4-4. very important, who donald trump

brings in, implications for generations. >> the supreme court, and great decisions, holding up the travel ban, a 5-4 decision in the union case with a 5-4 decision and the fifth vote justice kennedy represented. jillian: what are the chances that the vote is confirmed in october before the midterms. >> they don't want to 4-4 court with major cases. elena kagan was nominated by

pres. obama in 2010, and we are going to hear quickly from the president who he wants and i guarantee they will try to get her conferment before the october terms. heather: midterm election versus presidential election, very big difference. thank you very much, we will see what happens today because you never know. thank you. the time is 18 after the top of the hour, the huge upset everyone is talking about including donald trump. >> a slovenly man named joe crowley got his [bleep] character. he was going to take nancy policy's place. >> the internet is on fire, carly shimkus sharing reaction next.

>> 22 after the top of the hour, multiple tornadoes carving a path of destruction. a disaster declaration after a powerful tornado left eight people injured. the storm damaging homes, flipping over cars and knocking out power to thousands and cleanup is underway after a series of twisters touched down this week. the severe storm, much more on this coming up, stay tuned for this. workers behind the fake missile there that sparked panic in

hawaii were caught sleeping on the job. the state releasing emails from an unidentified employee who said they also witnessed staff members watching tv and movies during their shift. the worker claims managers did not listen to repeated requests for missile warning protocol. the one responsible for sending the false alarm has been fired. democrats scrambling, donald trump has another seat to fill in the supreme court, chuck schumer demanding congress use the biden in choosing his replacement. >> republican colleagues in the senate should follow the rule they set in 2016 not to consider a supreme court justice in an election year. >> carly shimkus with serious xm 115 here with social media reaction. big difference, midterm election versus presidential election. >> a lot of conservatives are pointing that out but a fiery showdown is set to take place on

capitol hill whether or not a supreme court justice should be nominated in an election year. senate majority leader mitch mcconnell blocked merrick garland's nomination because pres. obama was leaving office and now democrats are demanding the same set of rules because midterm elections are around the corner. a lot of conservative reaction to this pointing out the differences, dana loesch says they know better than this but are counting on you not knowing, number one, it is the biden, not a presidential election cycle. in august 2010, lena kagan was nominated during the midterm year. another twitter user, no, that is for presidential elections. he will start making the

selection immediately. >> a lot of things in mind last night at this rally, over 71 minutes. >> he was on fire as he normally is when he gives these rallies and gave one of his democratic arrivals, a new nickname, take a listen. >> one of my biggest critics, a slovenly man named joe crowley got his [bleep] text, he was going to take nancy pelosi's place. >> a lot of reaction to this moment. i love the word slovenly, what a great word. to says this congressman was part of the swamp. not happy with his opponents, not happy with his opponents, but this is what happens when you ignore your constituents was another twitter user says that was the best moment of any rally, the president has ever done. that is high praise, made me

jump out of my chair and yell heck yeah. >> it is quite the difference. let's talk about firefighters. >> a sweet moment in portland, maine. 97-year-old woman asked a local firefighter to help raise an american flag for 4 july. as they were doing that they learned she is the widow of a world war ii veteran. they posted about it on facebook, a lot of reaction coming in. portland should be proud. heather: thank you to her and her husband, thanks. 26 after the top of the hour, donald trump and f putin face-to-face.

and another one being announced today, can they find common ground? station chief daniel hoffman says yes if the president takes a page from reagan's playbook. >> did you see anybody from that cabinet and the crowd? >> maxine waters led the charge against the trump administration, women's large organizers taking it to the next level. and the left planning to unleash unrest today. ♪

heather: fox news alert. justice anthony kennedy sending democrats into a tailspin announcing his retirement from the supreme court. poised to make a second pick for

the bench as the left mouse to obstruct. heather: >> i'm honored he chose to do it during my term in office because he felt confident in me to make the right choice and carry on his great legacy. heather: the news of justice kennedy's retirement not sitting well with democrats. this is how they sounded on the committee conference call. listen to this. >> oh my god. >> versus -- heather: that was the call. in the final months of the obama administration the republican-controlled senate, blocked the nomination of merrick garland after the death of antonin scalia. that seat was killed by donald trump's pick, neil gorsuch,

after the 2016 election. and justice kennedy, judicial analyst judge andrew napolitano says the president is looking for a key characteristic, humility. >> they all believe in judicial humility which is the recognition that the judiciary is the third branch of government, the presidency and congress are more important, they set public policy, it is not a job of judges to set public policy but to interpret the law and apply the constitution to the laws of congress is written, a difference to the primacy of the other branches and i can tell you now the teams of people working for him are reviewing the judicial decisions of those 25 on the list looking for judicial humility. heather: there are 25 on the list of nominees, justice kennedy will serve until

july 21st. they will see how quickly they can get that done. watch organizers calling for a day of unrest today targeting the 0-tolerance policy on immigration. >> good to see you. this is in the wake of several incidents of harassment, and more disruption to demand congress, starting in a few hours on capitol hill. the group saying we will put bodies on the line to demand a end to the administration's 0-tolerance policy that criminalizes undocumented immigrants. and call on congress to abolish ice, an agency terrorizing the community every day. the tone of the march raising questions days after maxine waters had orders to push back at political opponents. >> we all have to remember to

treat our fellow americans with the kind of civility and respect. >> let's make sure, ensuring every american has access to healthcare and housing, that children are with their mothers. >> women's large organizer adding martin luther king warns of people like sen. chuck schumer who called for civility. at his rally in north dakota donald trump referenced the recent rhetoric the left. >> please keep maxine waters on the air as your face and your mouthpiece for the democrat party, please. heather: women's large organizers willing to rest arrest going as far as raising money for bail fund.

heather: the terrorist behind the deadly benghazi attack that left four americans dead will spend 22 years in prison. sentenced for terrorism and other charges, they did not find him guilty of murder. in 2012 he directed his extremist group to attack the us special mission compound setting it on fire. us amb. christopher stevens and three other americans were killed. north korea poses a threat to the united states. secretary of state mike otto warmbier clarifying the situation after donald trump tweeted earlier this month, quote, there is no longer a nuclear threat from north korea. otto warmbier says the president intended to say the threat is reduced following the nuclear summit. senators from both sides introducing a bill for more oversight for talks with north korea calling for any agreement

with kim jong un to be turned over to congress in five days. we should find out today when and where donald trump will hold his first official summit with russian pres. vladimir putin. why is the summit so significant and will a partisan collusion probe overshadowed the groundbreaking sitdown. retired cia station chief in moscow dan hoffman, thank you for joining us. the significance, big announcements where and when it will happen. >> the darkest days of the cold war when pres. reagan was calling the soviet union an evil empire and rightly so in my view the united states and russia were meeting for high-level and productive diplomatic negotiations particularly on arms control and no different today. there are areas we have mutual interest and need to negotiate with the russians and plenty of areas we disagree starting with

espionage activities and cyber attacks and there is value there. the president is absolutely right in sending national security visor john bolton to moscow, received quite graciously, an indication vladimir putin does want the summit. my bet is it will take place in finland july 14th so vladimir putin getting back to rush in time for the world cup finale. >> one of the possibilities, the espionage activity. bolton did mention russian meddling in the election. will that overshadow any areas we can come together? >> know i don't. it is an issue that has been ongoing for years was nefarious espionage activities we can collaborate specifically, counterterrorism, counter

proliferation, working against organized crime and arms control. we need to extend the start treaty which expires in 2021. those are important negotiations to have come intelligence played an important and overarching role in our relationship with russia but i don't think that will ever change. you could hear mike otto warmbier in his testimony, definitely understands multifaceted. >> talk about syria and north korea. >> north korea is a gray area. russia has already talked about ratcheting down sanctions before north korea -- they would like to remove our troops from the region and stop military exercises so there's some negotiation but they have been helpful in sanctions.

on syria, russia wants to tax in southwestern syria resulting in civilian deaths, and a president who is guilty of crimes against humanity. we don't see eye to eye with russia and the alliance with iran in syria. heather: we will see what happens, the second huge sit down for donald trump during his administration with north korea and vladimir putin so you will see when that happens if you are right about that date, appreciate it. the time is 20 minutes until the top of the our, sarah sanders getting support from an unlikely person. >> people have a right to go into a restaurant and have dinner. heather: is this more proof the calls for confrontation are getting too out of hand? beware if you are heading out of town for the july 4th holiday, the travel nightmare that could be waiting for you at the

airport. ♪

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dates, deals, done! tripadvisor. visit tripadvisor.com >> the brother of new york giants cornerback jenkins is charged with manslaughter. william jenkins arrested for violating probation the same day roosevelt renée was found dead in his brother's new jersey home. rené, a family friend, had been living at the house where jenkins was in florida. it is unclear how he died but we jenkins spent years in prison for drug charges. of family feud heating up as loved ones prepared to say goodbye to famous music manager joe jackson. according to radar online his daughter jenna, granddaughter paris insisting on paying for his funeral. sources say paris sees jackson

is a legend but he and janet have a bad relationship. the 89-year-old died wednesday after a battle with pancreatic cancer. pack your patience if you're traveling, tracy carrasco with the turbulence expected at the airport. i can't believe it is almost july 4th. >> the year is flying by. tsa is saying they expect to screen 28 million people this fourth of july holiday, travel. go starts today through july 9th. this number, seeing an increase of 4%, people they are screening this year, so many traveling, low airfare, the economy doing well but interesting to see these numbers so high because the fourth of july holiday falls on a wednesday, two weekends this holiday travel. go. i will be here. not going anywhere.

mainly because -- these not joe fry's we have to talk about. i will eat ice cream cakes but not not joe fry's. taco bell bringing back their popular nacho fries. this is in collaboration with the movie coming out, the 25th anniversary of demolition man and they are launching a futuristic store outside comic con, the futuristic restaurant that is in the movie demolition man in san diego. 19th through the 21st. jillian: i like the futuristic restaurant. the nacho cheese flavoring.

heather: 15 minutes of the top of the hour, the aggression bill meant to be a compromise failing on the house floor. next guest says it was doomed, catered to dreamers and democrats.

>> despite donald trump's endorsement the house failing to act on immigration reform, the republican compromise bill on border family separation. the director of policy studies at the center for immigration studies. you say not a big surprise this

failed, this was expected. >> it was expected, the folks we were talking to, the amnesty was too large, and too many provisions thrown into it, and voted on before, and 70 more of votes than the bill which originated with paul ryan and it was doomed to fail because of size of amnesty and lack of chain migration cuts to offset it and lacks key enforcement provisions as well. heather: shortly after that, didn't give that enough credit where credit is due.

>> the trump administration, in these immigration agencies who identified with the urgent needs are. it was a limited amnesty with offsets in chain migration. and when it went to leadership, more things piled in to benefit special interests, people are frustrated with that and amnesty was so open-ended, covering people who had never been on the table before like the adults, and too unwieldy and to get a compromise on. >> they knew this would pass if it went to the senate.

what happens next? >> what has to happen is there are urgent problems that need fixing, families from central america coming here illegally asking for asylum. that needs to be fixed. if republicans can focus on more narrowly focused bill the deal with problems, and republicans in the house. they put democrats in a tough position, and we don't want to fix this problem at the border? and we don't want to deal with things like sanctuaries or asylum reform, that is the way to go about, the way things have passed in the past. getting things done on

immigration. heather: because of what happened with the supreme court, the travel ban, what about the possibility of executive action by the president? is he more empowered to do that right now? >> as long as it is within his authority, the supreme court has affirmed the president does have broad powers when it comes to national security matters related to immigration. i would expect to see more action and more clarity for what can be done because there are serious problems affecting communities all over the country that need to be addressed. heather: need to get something done. appreciate it, thank you very much. the time is 8 minutes until the top of the hour and the left hailing their latest liberal hero as the new face of the

party except haven't we heard this somewhere before? >> there is already legislation on the floor of congress about the abolishment of ice, medicare for all legislation. heather: is this the new era of the democratic party? republicans sure hope so. ♪

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heather: hoping to push america to the left, democratic socialist alexandria court is not shy about her political vision after her shocking upset in the congressional primary. >> there's legislation on the floor of congress regarding the abolishment of ice leading democratic leaders like, i harris, they have already discussed this issue. we have a large amount of cosponsors on the measure for legislation. among the democratic caucus. i do think a lot of this legislation points to america we want to have. heather: the 20-year-old bernie sanders supported beating joe crowley sending shockwaves through the democratic party. we will be following her. bernie sanders is sticking up for sarah sanders, the vermont sen. speaking out after the white house press secretary was kicked out of a restaurant in virginia over her role in trump

administration. >> people have a right to go into a restaurant and have dinner. >> reporter: sen. sanders adding people have a right to be angry over politics but they can take the anger out in a more constructive way. now it is time for the good, the bad and the ugly. up first the good, from good boy to hometown hero a dog is awarded for this fearless rescue, saving his friend from arizona pool back in april. the fire department a rewarding him with a big bag of biscuits and now the bad. a man in just his underwear cause of a traffic jam in los angeles, signed into a backflip onto an inflatable crash pad below. he landed safely but not before shutting down traffic in both directions. he is charged with delaying a police officer and trespassing. a woman slips and falls running

across a busy road in high heels in mexico. she was hit by a speeding car but amazingly she was not seriously injured. i don't know how in the world that happened but, "fox and friends first" wraps up for this hour but continues now. what do you think about those heels? jillian: not something i want to be a part of. is june 20th, fox news alert, supreme court shocker, justice anthony kennedy announcing his retirement opening the door for another trump nominee. the showdown underway who will replace him and when. rob: billions in us tax dollars spent in central america to keep people from migrating here but with an intense wave of illegal immigrants crossing the border, where has your hard-earned money been going? jillian: hollywood's favor democrat coming back to tinseltown, you never guess who