important than the 2016 elections.s. >> judgege scalia said to make the considerations that the law demands. we will have much more tomorrow. heather: it is tuesday july 10th and this is "fox & friends first". happening right now at 4:00 a.m. here on the east coast. fox news alert for you, preparing for a fight. it is full speed ahead for president trump supreme court pick with the stage already set for bruising confirmation battle. >> and i will nominate judge bret kavanaugh to the united states supreme court. constitutional rights. heather: can republicans rally to put kavanaugh on the bench.

phase 3 underway right now. the world watching as navy seals could be hours away from rescuing four boys and soccer coach. we are live. ♪ ♪ heather: playing party politics, how the british press just got the royal treatment. "fox & friends first" starts right now. ♪ ♪ heather: busy day today.

thank you so much for joining us. i'm heather childers. we begin with fox news alert. supreme court nomination. president trump announcing judge bret kavanaugh is his choice to sit on the nation's highest court but the left is already vowing a confirmation fight. garrett tenney live in washington, d.c. for next steps towards confirmation. >> heather, good morning to you, usually takes a come of months to get judge confirmed. he's a highly regarded judge and last night president trump said it was that reputation that played a role in his decision. >> judge kavanaugh has impeccable credentials, unsurpassed qualifications and proven commitment to equal justice under the law. throughout legal circles he is considered a judge's judge,

universally regarded as one of the finest legal mind of our time. >> judge kavanaugh expected to face tough questions on previous rulings and how he may decide on future cases dealing with controversial issues like immigration and abortion. last night he vowed to be independent to interpret constitution as it was risen. >> if confirmed by the senate, i will keep open mind in every case and i will always strive to per serve the constitution of the united states and the american rule of law. >> protests broke out in front of supreme court almost as soon as the president announced kavanaugh aspect with democrats and activists promising a bitter fight throughout confirmation process. >> what is at stake? is women's freedom. freedom to decide when and how many children we are going to have. >> we won't stand for donald trump's attempts to use the

supreme court as a weapon, judge kavanaugh would be a threat to women's reproductive rights, a threat to affordable care, a threat to workers and a threat to lgbtq equality. >> a tease of what we expect to see in the next couple of months. today they will escort kavanaugh to meet with mcconnell and gassily which will be overseeing confirmation hearings, first of many one-on-one meetings with senators in the next few weeks. heather: begins right away because they want to get this done by october. thank you so much, garrett. appropriate it. rhetoric is a tactic for democrats, steve hilton points out, confirmation will force the left to leg is late -- legis

late. >> there's no surprise that they chose to advance political goals no recent decades through lawsuits in the court. and really interesting liberal columnist in new york times pointed out that democrats will try to do democratic with politics, try and get elected, win state legislatures, it's no wonder then that they are so fired up about this because it's a real change from how they've operated for many years. heather: can't afford to lose a single vote but can get help from red state democrats, up for reelection in state where is the president won by more than 15% in 2016. right now impossible final

mission underway to rescue soccer team trapped in cave. divers hope to get everyone out today but conditions are only getting worse. >> the environment inside the cave is challenging. we originally the boys can stay safe inside the cave but circumstances have changed. we have limited amount of time. heather: rescuers going after the boys first followed by their coach as well as a doctor and a thai navy seals who have been boys' company. this all started june 3rd, 12 soccer players from 11 to 16 became trapped inside the cave with 25-year-old coach last monday july 2nd divers found the boys 2 and a half miles into the cave's opening and friday former thai navy seal died due to lack of air and break on sunday,

first four boys rescued, taken to the hospital, another four brought to safety yesterday and now today the final mission underway. those already rescued are set to be in generally good health at nearby hospital, of course, the entire world is watching even as we told you yesterday elon musk, he had some ideas, he's actually in the scene tweeting the pictures and offering his kid-size submarine should divers need to use it. it's unclear if they are planning to use it or not, officials are hoping that everyone will be out in a few hours. i know there's been discussion of leaving the coach another night, hopefully they don't have to do that. the president and first lady in brussels and expected to push allies to pay more for defense spending. the u.s. on tributes almost 72% of nato defense budget, secretary of state mike pompeo will meet the president in brussels after wrapping up his

asia tour and he just made an unannounced visit to afghanistan offering support with for peace talks with the taliban. before making it to afghanistan pompeo was hard at work in north korea despite tough talk with the rogue nation. president trump remains optimistic about denuclearization, the president tweeting, quote, i have confidence that kim jong un will honor the contract we sign and even more importantly, our handshake, we agreed to the denuclearization of north korea. china, on the other hand, maybe exerting negative pressure on a deal because of our posture on chinese trade, hope not. north korea is accusing the u.s. of making gangster-like demands during recent denuclearization talks, we will have much more on this coming up in a segment, later on in the hour so stay tune for that. it is deadline day for the trump administration to reunite children with their families. justice department says 54 of

them will join parent by the end to have day, the remaining children are undergoing background checks or have parents that are deported or unfit to have children back this comes as federal judge tosses administration challenging two state laws. the president elected méxico is taking a payment out of president trump's play book calling for a border force to keep illegal immigrants out of his country, andrés manuel obrador wants specialized police on mexican and southern borders to stop human and drug traffickers, obrador will meet with u.s. secretary of state mike pompeo on friday. and former fbi antitrump lawyer lisa page is fighting congressional subpoena to appear before lawmakers on capitol hill tomorrow, page is trying to arrange another date for the closed-door meeting suggesting that she's not ready to take the

hot seat. he workplace lover agent peter strzok will testify publicly on thursday. a lot of people will be watching. will, the former navy sailor pardoned by president trump is suing the obama administration over the hillary clinton e-mail probe. christian, spent a year in prison for taking photos of classified sections of his submarines he claims that barack obama, loretta lynch and others prosecuted him and went easy on hillary clinton for more serious violations of the same law. first lady melania trump can soon make campaign to help children international. according to new york times will bring be best platform in event in london this week, her campaign focuses on children's health, positivity and social media and fighting opioid crisis. the first lady and president trump arrive in the uk on

thursday. and now the fox news alert, after 17 days we could be down to just hours dive teams in phase 3 right now to rescue the remaining boys and their coach from a cave in thailand, next guest, the first full-time diver in fbi history explains monumental challenges facing navy seals and did the campaign change name to international house of burgers? we just learned the truth.

heather: back news with fox news alert, crews back in cave right now attempt to go retrieve last four boys and coach, what would it take to get all five of them out alive? here to discuss full-time diver

in fbi history bobby, thank you very much for joining us. we really appreciate it and having expertise this morning. what will take -- >> thanks for having me, heather. heather: what would it take to get the 5 out alive? >> well, the thing that's going to take, it's going to take focus. in other words, they can't allow the success of the last two days to kind of, you know, allow them to be, become unfocused. they have to maintain the focus, what they've done the last two days and they have to repeat it with just as much earnest and details and in high-profile cases where there's worldwide attention on it. i've been involved in some of them and you tend to lose focus and you celebrate the success a little too early but as diver team, my concern was allowing divers to focus what's ahead of them. what they need to do is focus,

one more day, forget about what happened the last two days, stick to the plan, the plan is working, it's an excellent plan, being executed by highly-skilled guys and they need to focus and get through one more day. heather: yeah, when you say that you've been involved in a few of them that's putting it lightly. you've been involved in missions like this all around the world. when you look at pictures of this rescue happening, what comes to mind in terms to have greatest dangers, it's really remarkable? >> yeah, i mean, this is -- we were at the i35 bridge collapse in minneapolis where you had twisted steel and concrete vehicles and bodies under there and so we had a little sense of being entrapped but nothing like. this identify never been involved in something where it's so tight and it's so hard to get in and out, so dangerous if you get stuck in there as evidenced by the diver that ran out of air last week. i mean, this -- i can't

emphasize how dangerous this is. people see success of the last two days and think, this is great, this is a miracle. it's being executed by the best in the world and the most dangerous and extreme conditions and i'm just, you know, i'm holding my breath and waiting for the last day to be over and then i will celebrate the tremendous heros carrying out this miraculous mission. heather: we are looking at a graphic right now how they are doing this and these children, we mentioned that many of them did not know how to swim before this happened so they had to learn how to swim and had to get through 3 miles of a cave where the water levels in some levels up to head, others above head. they really don't know what they will experience once they get into the cave, the portion of the cave to get out. >> that's right, and that graphic, i think, was generous with the amount of space between

the divers and bottom and top of the cave, the diefers are bellied and backs are scraping at the top. barely enough room to get human body and they have to push it through and squeeze themselves through the other side to get back to equipment. i think it's just a tribute to them and they've been able to keep these children safe and calm so that nobody panics in there. using the full-face mask and communication capability was stroke of genius, getting them comfortable a day or two before they started moving through water column is an excellent idea. i mean, they couldn't catch a break from mother nature with the oxygen levels depleting and the pumps not being able to get most of the water there but they fought through a lot of tough, tough things and i can't say enough about the guys that -- the men and women that are carrying this operation. heather: bobby, we are out of

time, definitely autocome once they get everyone out safely in terms of mental health, they may be healthy enough to eat solid point but a lot of recovery mentally as well. thank you so much for joining us. we really appreciate it. >> thanks for having me. heather: have a great day, fox news alert for you as we continue to watch the story, major win on the war of terror, u.s. and afghan troops teaming up in taking out an isis stronghold as secretary of state mike pompeo makes surprise visit to the middle eastern country praising the success. the strategy he says is working. and deeply disturbing white house slamming liberal cynthia nixon for calling ice a terrorist organization, carley shimkus is here with reaction online up next .

ooh ohh here we go, here we go. you got cut off there, what were you saying? oooo. oh no no. maybe that geico has been proudly serving the military for over 75 years? is that what you wanted to say? mhmmm. i have to say, you seemed a lot chattier on tv. geico. proudly serving the military for over 75 years. you ok back there, buddy?

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xfinity xfi, simple, easy, awesome. heather: welcome back, president trump nominating bret can -- kavanaugh ending day's game, carley shimkus, fox news headlines 24/7, siriusxm 115, people have been trying to ges it for about a week or so n. carley: absolutely right. two weeks i would say. as you know, heather democrats were vowing to fight the supreme court pick even before he was announced. now the party is painting kavanaugh as conservative extremist who will challenge the democratic party's agenda. new york senator kristin

gillibrand tweeted we know what's at stake, all of values we hold most dear, stop will require fighting and vermont senator bernie sanders not to too pleased tweeting president trump's supreme court pick is rubber stamp for right-wing agenda pushed by corporations and billionaires, we must mobilize the american people to defeat trump's right-wing reactionary nominee. meanwhile conservatives are parading kavanaugh who say he's a fair judge and mike pence saying kavanaugh is a man of great integrity, the u.s. senate should move swiftly to confirm judge kavanaugh as the newest justice to the supreme court.

on social media conservatives are pleased with the pick. perfect nominee, intelligent flawless resume, excellent judicial history. let's get to another tweet also praising kavanaugh, i hope he isn't blocked just because of protests and emotions if the man is clean and does a good job, then let him be. reality tv show fans, heather, also up in arms because the president's announcement cut into the latest episode of the bachelorette. the worst date in history. some reaction to party lines of actor from reality tv show folks out there. heather: let's move to next topic, white house slamming cynthia nixon over comments on ice. >> she said this on twitter, i

can think of no better description than to call ice a terrorist organization and criticism from mike pence as badge of honor. white house, press secretary hogan, he respond today that calling it deeply disturbing that cynthia nixon has no clue on what ice does to protect americans and new yorkers every day from dangerous criminals, terrorist child smugglers and human traffickers, so heather, a lot of people are very angry that cynthia nixon especially on conservative side of things. heather: well, now fox news alert, overnight president trump announcing supreme court pick to replace justice anthony kennedy, bret kavanaugh, judge kavanaugh i should say, top picks from president trump's short list, mark is back with what he thinks judge kavanaugh will make a great justice.

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the post office again heather: fox news alert for you president trump tapping bret kavanaugh to replace justice kennedy on the supreme court. democrats are laying the ground work for heated confirmation fight, go figure, so can kavanaugh make it through here now to weigh in constitutional attorney and former member of the transition team mark w. smith, always great to have you with us again. so we talked about this yesterday, one of the top picks and, you know, he was definitely nominated by the president. >> that's right, i mean, i think this is a down the middle for the republicans, i don't think there's major concern, you will see political theater and fundraising by the democrats. at the end of the day, bret kavanaugh is a mainstream judge that he was hired by the most

liberal judge supreme court elena kagan and hired to teach at harvard. heather: we can put some of the bio right there. so, you know, liberals should like him? >> i don't think so. this morning new york times has op-ed by professor, prominent liberal professor at yale and said that bret kavanaugh is great pick and best decision that donald trump made in presidency. if bret kavanaugh is getting compliments by tried and true liberals it'll be difficult for the democrats to say this is like a crazy guy, how can you put him on the supreme court, 12 years of a judge, lead credentials, confirmed by, 21-point margin, 21 senator margin of victory when he was confirm today dc circuit and that was bipartisan, it's very difficult for the democrats to

stop this. heather: but yet they are planning on trying to do that. we have senate minority chuck schumer who issued a statement that he will oppose judge kavanaugh's nomination with everything i have. the stakes are simply too high for anything else and you can read a couple of tweets that came in from cory booker as well. >> of course, they are going the say that. it certainly will be a contentious hearing but at the end of the day, there's no reason for any of the republicans such as the susan collins from maine to deviate and not vote to confirm bret kavanaugh. he's known quantity, he's been out there for 12 years, prominent lawyer in washington, d.c. for a decade, there's no -- they'll be no surprises. >> that's one of the arguments that people have made that he's too establishment having worked in the george w. bush administration. >> middle american conservatives, well, is he too much connected to the belt way,

is he too much connected to dc and not middle of the country. that's the left's home base. so they don't really have that argument available to them like perhaps some people on the right might have had. at this point i don't think there's really an argument. heather: we talked separation of powers, all things that we heard leading up to nomination and all things, list of 25 had in common. >> that's right, i think the way if you ask bret kavanaugh the way you will explain statutes, he reads what it says and does what he says f he disagrees wit, it's not his job to fix it, that's congress. east an originalist, he doesn't want to amend the constitution,

he thinks there's protocols as part of that. all he's there to interpret what the constitution meant at the time testifies written by the people that wrote it and to apply the law to today's facts and he tries to be very careful about that because at the end of the day, if you want to change the law, you want to change the constitution, it's not up to unelected judges to do, it's up to people to do this. heather: he's right. he wraps up that to the preserve the constitution and american law. thank you. >> thank you. heather: fox news alert for you, troops destroy isis capital in afghanistan killing nearly 170 terrorists, military officials say the site helped fund the terror group and prepare for high-profile attacks this is as secretary of state mike pompeo makes a renewed push for peace in afghanistan. rich edison has details from pompeo's surprised stop. >> the united states government revealed secretary of state mike

pompeo strip to kabul only shortly before he left due to security concerns. during his nearly 7-hour stop the secretary met with afghan president, chief executive and pushed for peace talks, possession of a weapon into stopped in afghanistan is part of a week-long international trip that began in north korea following two days of meetings in pyongyang he travel today tokyo to brief top japanese and south korean officials on discussions with north korea. pompeo says north korea understands u.s. expectations, dismantle weapons including production facilities across range of weapons and missiles but north korea's foreign ministry accused of gangster-like. >> we still have long ways to go. chairman kim's statements following the discussion continue to express desire to complete the denuclearization. critics claim the u.s. is softening demands.

president trump pressed the issue monday saying he's honored , and added china may be exerting negative pressure because of posture on chinese trade. >> from here on afghanistan, consultation with allies on north korea and other security issues and moves to abu dabi and belgium and meets with president trump to continue mission here. nato secretary general says the security alliance will do more to fight terrorism including commitments in afghanistan. heather: that was rich edison reporting for us as you heard from afghanistan. wanna-be terrorists will spend more than 6 years behind bars, a judge sentencing daniels after he pleaded guilty to try to join isis in libya in 2016. authorities say the ohio man wired a terrorist $250 and then said he wanted to commit violence overseas, attorney says

that he has mental health issues and he regrets helping the terror group. he will be under court supervision for the rest of his life. and just days before president trump and vladimir putin meet in finland, russia is spotted building up military sites, satellite images revealing new structures and bunker improvements maid by moscow in territory nato members, poland and lithuania, spokesperson says that russia continues to demonstrate aggressive behavior in europe. a dozen protestors thrown in jail after blocking an ice off in a busy road with two-story tripod, a banner hanging from the structure ice ruining lives in columbus, ohio, police taking it down while protestors chanted at them. in the meantime in poland, i should say portland, oregon two

federal officers were hurt trying to break up a protest blocking an ice building, three protestors were arrested there. and in just a few hours, senate veterans affair will vote on president trump's va secretary nominee robert wilke faced lawmakers in capitol hill where he promised to help reform department and fix the bureaucratic backlogs and patient wait times. wilke would replace david shalkin who was fired in march. moment you won't forget where girl meets army vet. >> another video where he's danding with her at the wedding. heather: 7-year-old adriána overcome as she embraces marco,

she was 4 when she was diagnosed with leukemia, the only way to save her was bone marrow transplant, incredibly after served 8 years and during michael signed up to be a don or and he was her perfect match. that's a great story. time now is about 20 minutes until the top of the hour and showdown brewing, president trump confident that his denuclearization deal will be finalized with north korea, but is china interfering? our next guest says despite a possible trade war, the united states is still holding all the chips. an airport outrage, professional athlete demanding answers after tsa spilled his mother's ashes.

heather: refusing to back down president trump says that he believes that kim jong un will honor denuclearization agreement but suggested that china could be obstructing the goal amid trade tensions, so the president trump fighting this battle on two fronts? joining me now military expert lieutenant colonel daniel davis, thank you so much for joining us this morning. appreciate it. >> you bet, my pleasure to be here, thanks. heather: do you believe china is med until this denuclearization process with north korea, do you believe what the president tweeted out? >> there's a couple of things we have to take into consideration to understand with china, that is number one that they value economic prosperity above almost anything. and the second thing is that they think in terms of regional strategic view, they view many things altogether and that includes the trade war right off the top but also the denuclearization issue with north korea, the south china sea with all of the islands that they are building out there and also the taiwan issue, they

think of all those things together and we don't have to wonder that that's what they are doing. china-state media that those are connected, they will use whatever leverage they can in combination with all of that to get what they think is the best interest of chinese economic development and if they think that means maybe tweaking thicks on the denuclearization issue, they may be willing to do that and so i think it's really important that we also think in those same terms of having all those things together and it's not individual like stove-pot kind of options. heather: so what should the terms be because when it comes to tariffs, we know the u.s. and china they are placing 25% tariffs on $34 billion of each other's exports, right now u.s. trade deficit with china increased to 32.2 billion, what type of leverage do we have, what type of leverage do they have? >> right, there's no doubt that

-- plus, china has been cheating on intellectual property rights for a long time and president trump is right in addressing those issues because we need to bring it back into bans but the real question is what's the best way to do that because we don't want to prez too hard in economic realm with the trade war that complicates our security interest with north korea because china can be more cooperative or they can be more combative depending on how things go in that direction. i think maybe there are better ways, certainly other ways to handle the trade negotiations through the wto and other things. we have good track record with all of that but what we have to avoid is making things more difficult than they already going to be with north korea. heather: can i ask you what did you take this means to mean when secretary of state mike pompeo came out of meetings with north korea and you had north korea saying that the u.s. is gangster-like, the demands -- our demands are gangster-like and then we had pompeo hitting back saying, well, america is gangster-like then the world is

gangster-like because if you are talk about sanctions it was a unanimous decision to keep sanctions until denuclearization is complete. >> how the two sides view things differently. in the north korea side, i will point out that on the chinese side, united states, south korea, everyone says that denuclearization is the ultimate goal and they all believe that. the path to get that, though, it's very different. north korea when they said gang stf like what they view in context, hey, you're coming and and you're going rob us by asking us to give up everything and then at the end then we have to give something and we have to trust you. we are saying before we release sanctions, you have to do all of the things. if we go in the situation where we have to have 100% before we give anything, it would be hard to come to any kind of conclusion, we have to maybe

willing to give and take to get ultimate objective. heather: kim jong un has to appear to be fighting back, we will see what happens next. thank you so much for joining us. we appreciate it as always. >> my pleasure, thanks for having me. heather: time now is about 10 minutes until the top of the hour and the firefighters being held as heros for going above and the beyond the call, first they saved a man's life but they weren't done there. wait until you hear what they did next. antiice protestors gearing up for another demonstration, this time targeting amazon, why the far left is calling out the online retail giant.

heather: welcome back, fox news alert for you, breaking out of thailand where the first ambulance has been seen leaving the site of the cave rescue today. crew of 19 divers entered six hours ago in hopes of bringing the final four boys and coach to safety. we will have live report from thailand at the top of the next hour, once again, we now know that at least one ambulance has left the scene, what that means we will find out for you. in the meantime the fox business alert activists calling for amazon to quit doing business with the government. tracee carrasco from sister fete work fox business here with more on planned protests aimed at forcing tech-giant hand. >> expect today protest amazon at amazon bookstore here in new york city today. of course, urging amazon to stop selling facial recognition

technology to firms that work with ice. now, this facial recognition technology has been highly controversial, we have seen the aclu calling amazon out as well. the fear here with this technology is that it could unfairly target protestors, immigrants and just about anyone going about their daily business. so that is the worry here, that's why they are protesting, of course, amazon behind technology saying it does work for good so we will see what happens with the protest today but of course, this has been ongoing issue. heather: protesting, protesting, let's talk about ihop changing to ihob, i didn't buy this by the way. >> i don't think that many people did, it got a lot of criticism online by ihob international house of burgers has gone back to real name, international house of pancakes, they admitted that the whole name change was publicity stunt to promote the fact that they sell burgers not a lot of people happy about this, tweeted yesterday that we are give get

away 60-cent start stacks on july 17th from 7:00 a.m. to 7:00 p.m. for ihop's byrd, we never turn our back on pancakes except when we faked to promote burgers. people will be angry that they put us through the whole emotional roller coaster of changing name. heather: so emotional. thank you so much, tracee. princess charlotte stealing the show at little brother's prince louis christening, take a listen can't really hear what she's saying there, the sassy 3-year-old royal putting reporters in their place reminding them that they were not invited inside for the party celebrating her baby brother.

watch out as she grows older, firefighters praises heros for saving man's life, they weren't done just yet. hunger games for modern age, more than $1.3 trillion in student debt, how would you like for yours to go away, the game show

heather: welcome back, north carolina inmate was suppose to be fasting for ramadan and now he's suing because he says he he's suing because he says he got how longry, he was discriminated against by being force today eat only two meals a day but during muslim holy month only two meals are allowed. local islam leader say that is the jail was respecting his faith, suing for quarter million dollars. are you carrying major student debt? game loan could help you with that. >> you could build a structure that would represent student debt, what would it be? >> giant middle finger. heather: giving college students a chance to wipe away all of their debt, it's unclear exactly how much they're willing to clear but some students have

loans the size of $50,000. the good, firefighters in county in florida, not only saving the man's life but stepping up to finish his yard work. he was laying out sawed when he was doing yard work and finishing because he was concerned about hoa fine. the bad, nfl players blasting tsa for spilling his mother's ashes. new york giants defensive tackle expressing anger or posting the photo on twitter of the ashes, you can see all over his clothes, tsa was inspecting checked in bag, tsa has apologized to francis on twitter. now the ugly, millennial trend

avocado toast chocolate bar. exactly what it sounds like, avocado, white chocolate which may not sound so bad until you mix with toast. i don't know about that. yeah, carley, rob, what do you think, that wraps up this hour without chocolate avocado toast? carley: it is tuesday july 10th, a fox news alert, breaking overnight ambulance just seen leaving the scene in thailand as divers work on the third and potentially final phase of cave rescue. rob: we are trying to get information on that. can they save four remaining boys along with coach, we are live as they head in the underground cave. carley: bracing for bruising confirmation battle. president trump announcing supreme pick as republicans gear up for a fight. rob lob how democrats are promise to go derail bret