diego shore he was arrested with a beer in hand. you don't want to do that probably. thanks for watching. rob: the car is in the ocean. i mean, we have got to go. we will see you later. bye. oh, god. >> first degree murder charge was filed in connection with the disappearance of mollie tibbets, a complaint and affidavit names christian rivera and he has been charged with murder in the first degree. >> should have never happened. illegally in our country, the immigration laws are such a disgrace. we're getting them changed. >> paul manafort guilty on 8 counts of tax and bank fraud almost certainly guaranteeing significant prison time then came in the president's perm lawyer pleading guilty to tax and bank fraud and campaign finance charges. >> new york democrat governor andrew cuomo even

declared that america was never great. >> i don't believe america has been great for all folks. >> i would have to agree with governor cuomo. >> quote, america was never great. that's the democrats' new theme. >> it don't matter where we go ♪ we always find a way back home. steve: there is just two of us on the couch today live from new york city. it's been kind of a rainy night. things are drying out here on new york city. meanwhile 250 miles south of us is ainsley earhardt at the white house where it was raining overnight there, too. and it's going to be a beautiful day. ainsley: makes me a little sad saw that shot from the two of you behind. i'm used to being right in the middle of you two. i flew down here yesterday last night. we are interviewing the president after the show. big news day yesterday. we have exclusive interview with him. we have a lot of questions to ask. if you at home want to send in your questions we would love that friends@foxnews.com. brian: also have people joining you out there, right, ainsley?

ainsley: correct, we will. brian: all right. we will be talking about that. huge michael cohen case yesterday. he cut a deal. paul manafort 10 of 18 charges he is found guilty of. another trial looms. will there be a deal cut in the interim or a pardon somewhere in between? steve: all right. a busy three hours. it starts right now, ainsley, with a fox news alert. illegal immigrant is charged with first degree after confessing to kidnapping mollie tibbets in iowa. that immigrant, christian rivera will face a judge for the first time later today in iowa. brian: it's unbelievable news. mollie's body was found in a cornfield not far from her hometown in brooklyn, iowa. a tragic ending to a story we have been following for the last five weeks. ainsley: it's heart breaking. ted williams has been following mollie's case from the very beginning and he joins us from that area where her body was found. ted, what's the latest this morning? >> hi, guys. it was 34 days ago that a university of iowa

20-year-old student mollie tibbets went for a jog around her boyfriend's home. and never came back. and as a result of that local and state and national law enforcement agents started an investigation. they immediately were able to look at some video and they honed in on a black malibu chevrolet. they then followed an individual and they came upon this guy, an illegal immigrant by the name of christian rivera who informed them that he was out jogging and that in his car he observed mollie out jogging. he got out of his car, ran alongside of her. mollie was alleged to have said to him get away from me or i will call the police. he says that he blacked out and that the next thing he knew there was blood and mollie was in the trunk of his car. there was a press conference

held yesterday. let's take a listen. >> we were able to track his pattern and the routes in which he took. we were also able to find mollie running on this video and we were able to determine that he was one of the last ones to have seen mollie running. she was found in a cornfield and there were cornstalks placed over the top of her. >> ted: this is what we know about kristin rivera. he was illegal immigrant. he had been in this country approximately four to seven years. he has a child and girlfriend here. he was a my grants worker. -- migrant worker. mollie's remains were found. let's take a listen. >> throughout the day i have noticed more of a gloomy feeling, even not knowing necessarily her personally,

it's upsetting pause you are in such a small town in such a small community that you don't think something like that is going to happen here. you definitely feel a lot less safe than normal. >> guys, i have got to tell you, this town has been galvanized in one thing in wanting to bring mollie home. and now that they have found the remains, we have got a chance to talk to one of her friendand one of the principalsf her school. let's take a listen. >> oh no. oh no not mollie. that's every parent's nightmare and just so sad. it's so wrong. you know? she had so much to give. mollie was a sweet, wonderful young girl. we loved her hereby. she is part of our family. and she was very kind to everybody. so maybe the best gift we can give is to be like mollie. >> rivera has been charged

with first degree murder. brian: this guy worked, the 24-year-old worked for craig lang, a prominent republican who previously served as president of the iowa farm bureau. buff he is illegal. here illegal absolutely. i don't know anybody, ainsley, that's buying the fact that he blacked out in daylight while traveling, surveying and then getting out of his car to jog with, harass and ultimately kill her. there is no way that's going to fly. and i'm wondering how much they are going to look into his background to see what other cold cases might link to him. ainsley: yeah. it's heart-breaking on every level to imagine what she went through, how scared she must have been when is he running behind her, running beside her. and then the parents. imagine what they are feeling not knowing where their daughter was for so long and to know that she

was probably just terrified beyond belief when she took her last breath. this could have been prevented. the system let the families down. we have heard from so many angel families in the past. and they say that their child would still be with them at the thanksgiving table, at the christmas dinner if the laws had not failed them. this is in the middle -- we have all been to iowa. we were there during the campaign. we were there during the iowa state fair. these are wonderful individuals, hometown, my kind of people because we all grew up in towns like this. everyone knows everyone. they didn't expect this and have you this illegal immigrant that's working there and terrorizing this young girl and ultimately killing her. steve: absolutely. ice did issue a detainer in this guy's name to make sure that the sheriff would not release him. obviously that's not going to be the case. meanwhile, if you are watching the channel yesterday afternoon. brian: wow. steve: it was crazy. so much going on. paul manafort guilty of 8

counts of bank fraud and tax fraud things having to do with his private business before he went to work for donald trump. michael cohen pled guilty to eight criminal counts of campaign finance bank fraud and tax evasion. here is the key. he told a federal judge that donald trump directed him to pay 130,000 to do so stormy damages and coordinated $150,000 payment to a former playboy model and cohen says he agented at the direction of the candidate to influence the election. of course, at the time, the president denied any knowledge. ainsley: here's the thing, steve. brian: go ahead, ainsley. ainsley: in the past he paid off stormy damages without him knowing. now he is saying he directed him. is he telling the truth. we will ask the president that today. wife did he change his story? this is a guy, keep in mind, pleading guilty to eight really bad crimes. guilty of tax evasion and

bank fraud, illegal payments. breaking campaign finance laws. so do you trust him? brian: credibility is going to be key. rudy giuliani came out and said no allegation of wrongdoing against the president. the government's charges against cohen. clear the prosecutor noted mr. cohen's actions reflect a pattern of eyes and dishonesty over a significant period of time. the question is michael cohen logically got that money, evidently by refinancing his house or getting some type of financing from his house. he evidently filled out the application using false information. takes that money, which would be far exceeding any campaign correction levels. the question is when the money was ultimately paid back was it taken from campaign funds? i don't think there is any indication it was. and when it's all said and done, where are we at right now? what else does michael cohen know that possibly robert mueller could benefit from? if you listen to lanny davis

who sounds more like a pundit than an attorney, a good friend of hillary clinton than someone looking out for michael cohen he is he pleading with mueller to ask my client to play a role. steve: the whole question whether these payments to women violated campaign finance law. that would be where any peril that the president would be. jonathan turley was talking about if there was a crime have you got to define it very narrowly. >> the defense is, in fact, a difference of the crime. one thing i think to keep in mind here, is that this has always been a controversial area. they brought these charges against john edwards and it failed in court. now, they did not have someone like cohen who is saying that i made these payments intentionally with the motivation of influencing the election at the behest of the candidate. this makes stronger case than edwards. controversial as to the motivation. is it really to influence

the election as cohen says or is it because is he a married man and he wanted to bury the scandal? steve: ainsley, the question of whether or not there was a violation of campaign finance law comes down, to according to the experts i was reading this morning, the prosecutors would have to show that mr. cohen and mr. trump knew they were breaking the law, which is a gray area and it's hard to prove. ainsley: that's right. that's exactly right. democrats are scream impeachment, impeachment, impeachment. that's what this elections will be about in the mid terms. the president said it doesn't involve me. i still feel very sad what's happened to these individuals. had nothing to do with russia, that's a key too. he called the russia collusion case a witch-hunt still. brian: two of his first reporters duncan hunter. steve collins last week using insider trading. two earliest supporters personal attorney and one of his campaign managers. you cannot blame the president for feeling under siege right now.

ainsley, thanks so much. we will check in with you in just a second. ainsley: sounds good. steve: all righty, too bad she is not there on a busy news day. brian: i know. nothing going on. steve: jillian joins us with another fox news alert. jillian: final two fugitives wanted for ambushing two undercover detectives now behind bars. another suspect arrested over the weekend. 25 rounds were fired at the detectives. they both survived. in colorado, a search for suspect is intensifying after a police officer is shot responding to a home invasion. officer corey sach is expected to recover. we know the name of the soldier killed in helicopters crash in iraq. taylor gal vin was hit on ninth combat deployment when the chopper went down after isis raid on sunday. the crash is under investigation. enemy fire has been ruled out. 34-year-old from spokane,

washington leaves behind wife and two kids. billionaire foster friess falls short for bid for wyoming government. the trump backed republican dornl beaten by state treasurer mark gordon in the primary. john barrasso easily held off his challengers in the primary. mike dunleavy runs away with the republican primary for governor. a look at your headlines. send it back to you. >> election results, too. brian: shout out for you too for giving knee shout. she gave me shout packets after yesterday's tragedy with the stain on my tie. thank you very much, jillian. steve: president trump praising ice for arresting that nazi guard. a thank you message for president trump. this is not a bed. it's a revolution in sleep. the new sleep number 360 smart bed is on sale now, from $899, during sleep number's

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95-year-old palij is accused of lying to immigration officials when he immigrated here in 1949 his role as a nazi death camp guard. he said he worked at factory and farms. for 14 years doug hiken has been pushing for move to get rid of him. he credits the president for making that happening. good morning to you. >> good morning. this is huge. you are talking about someone who participated in the final solution. someone who was involved in the murder of men, women and children. living in our community. living in america. breathing the air, enjoying this wonderful country while he deprived so many people of their life. steve: this is personal to you. your mother was in auschwitz. >> my mother went to our ghits 1944 with her mother and other members of the family. my grand mother and other members of the family went straight to the gas chambers. that's real to me.

steve: do, why did it take so long to get this guy out of the country. >> i would say it wasn't taken seriously enough. talk is cheap. had you eight years of obama. bush before that everybody said yeah we have got to get rid of this guy. nobody wants him. the bottom line is if you make this a priority, it's a moral issue. okay? and president trump, god bless him, you know, got to talk word called. [speaking foreign language] bottom line getting things done. talk and talk is cheap. getting things done is what president trump just did. it is huge it's not about being a democrat republican. as a democrat, i say to my fellow democrats, stop this nonsense. stop making everything into a political thing. when the president does something huge, like getting rid of last nazi from queens, new york, say thank you, mr. president trump, for doing an amazing thing. god bless the president. steve: how many democrats do you think are going to take

your advice? >> look, you things have become. it's almost like fellow democrats don't want the president to do well. they don't want him to do well because they are not going to do well in the elections. it's not about what's best for america. it's purely politics. in the case of palij, a nazi who walked the street of jackson height, queens, new york. steve: for decades. >> it's crazy 15 years ago a federal judge said get rid of this guy and is he living in our community enjoying. he was mocking us. he was laughing. he was interviewed in the "new york times" where he said, you know, he sort of accepted the demonstrations and the rallies. my mother was outside of his home a cup perform years ago to pursue getting rid of a nazi. steve: it's crazy that it took so long. dov, thank you so much. >> thank you for the opportunity. steve: thank you very much, sir. all right. meanwhile, straight ahead, the media are going after first lady melania trump.

again this time they say she must have suffered oxygen deprivation to the brain. really? tomi lahren on that coming up next. ♪ all i want to do ♪ you're turning onto the street when you barely clip a passing car. minor accident - no big deal, right? wrong. your insurance company is gonna raise your rate after the other car got a scratch so small you coulda fixed it with a pen. maybe you should take that pen and use it to sign up with a different insurance company. for drivers with accident forgiveness

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fresh sanctions, penalties coming of a microsoft discovered new hacking efforts on behalf of the kremlin. target individuals and businesses suspected circumventing financial blocks imposed in june for cyber attacks. steve and brian? steve: all right. thank you very much, jillian. a fox news alert. the search fo mollie tibbets coming to tragic end. illegal immigrant charged with first degree after he confessed to kidnapping and killing the 20-year-old university student when she was jogging on july 18th. brian: you can't jog in the daylight. if you are not outraged by this you are not paying attention. here to explain is fox news contributor tomi lahren. your thoughts? >> well, i think what this shows once again is that when we talk about illegal immigration, when we talk talk about border enforcement issues, i think the american people are starting to see this isn't just an issue that impacts border states like mine, like arizona this is

something that impacts the entirety of the united states. if this can happen where it happened in the heart land of this country it, can happen anywhere. so i hope that all the young girls that are watching this, all the family members of young girls, their daughters, their sisters, their wives that are watching this can see how real this is, because it could easily be your daughter tomorrow. so i hope this is a giant wake-up call. we have to do something to fix this immigration problem because illegal immigration kills americans. enough is enough. steve: you know what, tomi, as well yesterday ice filed a waiver with the sheriff just to make sure that he was not released. i mean, it's the biggest story in the midwest that we have seen in a very long time regarding a young missing woman. but just the fact that ice has to issue that detainer saying hey, remember, if you release him we would like to go ahead and have him as well. that says something. >> well, of course it does. i hope that all of the elected officials, all the liberals in particular who advocate for things like sanctuary cities who advocate for policies that

make it more difficult to enforce federal immigration law. i hope they understanding in some part they do have blood on their hands every time a legal citizen is killed by illegal immigrant. every time our law enforcement officials are hampered the way they are in this country is an outrage. so sad we have to have a tragedy like this to remind us and bring this up in the conversation. maybe it's what we need to start taking these things seriously. like i said, mollie tibbets and it could be your daughter, your sister, your friend tomorrow. it's an absolute outrage. brian: let's move on and talk about melania trump. you know, she came out and she is pushing for her program anti-bullying. she is going to be making her first overseas trip. that will be to africa. she went out and made her speech. that didn't stop anna navarro, a commentator from another channel from tweeting this out. on vacation and i swore i would stay off political twitter but girlfriend's lack of self-awareness i guess that's referring to molly and any sense of shame

for her husband's use of presidency to bully others is hard to ignore. only plausible explanation here is melania suffered oxygen deprivation of the brain. >> what do you think that tweet is unacceptable. >> everything is unacceptable. anna would be wise to take a look in the mirror. everything she said about melania trump is what i'm thinking about her. talk about self-awareness. how can somebody be so disgusting and vile who is advocating for anti-bullying. i have never seen a first lady be attacked like melania trump has for the good work and deeds she has done. can you imagine we would sit here and attack michelle obama for something she was trying to do to better the country would be attacked up and down. people like anna navarro think it's okay to do it. quite frankly, i find that to be disgusting and furthermore, it's an insult to really everybody that advocates for anti-bullying.

that's a human being, that believes we should have a platform that's positive in this country. steve: there is curious there is no outrage to speak of. tomi, thank you very much for joining us on this very busy wednesday. brian: tomi lahren up at 3:28 in the morning for us and for you. meanwhile, straight ahead. paul manafort convicted by a jury. words you didn't hear in either case. collusion. gregg jarrett is here to break down the legal impact for the president and i will hand back his tie. steve: plus, this football player kneeled next to collin kaepernick during the anthem. now he is taking a stand. we will explain that. brian: interesting. first, happy birthday to trey gowdy, he is retiring soon to some adult's home, perhaps. we will talk to him at some point. and that's what he looks like ♪ ♪

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down for an interview with our own ainsley earhardt later this morning at the white house. good morning to you, ainsley. >> good morning to you, steve. hey, brian, great to see you all. sorry i'm not there with you. excited about this interview. lots of news going on. >> i know you have a monitor right there. you see gregg g-8 he doesn't look as good with this i do ties a the one he had on yesterday. that's a whole another story. >> are you going to give it back to me. brian: soon. why do you want it. >> pasta sawsall over it.

steve: ainsley what would you like to ask gregg about what happened. >> my number one question this morning is cohen changed his story. and jed he is saying that the president directed him to pay off these women. if that second story is true, then did the president do anything illegal? >> no. there is two reasons why this is not an illegal campaign contribution, i don't thinaslong as there is a y dual purpose. the president there would be commercial reasons for paying money in exchange for nondisclosure agreement. the fact he has done it in the past only supports that argument. second of all, in order to criminalize an illegal campaign contribution, which is normally a civil penalty, you actually have to show the law is very special on this for that statute. you have to show willful and knowing violation of the campaign laws. most people don't understand

campaign laws, including barack obama who received $2 million in illegal campaign contributions. he paid a fine for it. brian: about 300,000, i understand. lanny davis, the attorney and advocate for hillary clinton but attorney for michael cohen says this: if those payments were a crime for michael cohen, why wouldn't they be a crime for donald trump? what's your answer to that. >> alan j davis knows better than that because is he actually a very fine lawyer, although he is a hillary clinton ache light and has been for a long time. the fact that a prosecutor in new york says this was a crime and under pressure michael cohen agrees to that doesn't make it so. it hasn't been litigated. there was no trial, no judge, no jury, so, lanny davis' statement is very misleading and deceptive. steve: i heard a commentator on television last night talk about how in this plea agreement michael cohen made with the court system that essentially donald trump who

was referred to as the unnamed candidate. >> right. steve: was unindicted coconspirator. ultimately, this could lead to him being indicted conspirator. is that possible? >> sure unindicted could become one later. nixon would have been had he not been pardoned by gerald ford. that is also deceptive and misleading. and it's blatantly unfair to somebody to be labeled unindicted coconspirator for the reasons i just explained that this really isn't a campaign violation, and it certainly is not criminal. so, for somebody to suggest that the president will now be an unindicted coconspirator is blatantly unfair. ainsley: what about the mueller investigation and the russian collusion. the president says this just proves there is no collusion. there is mueller going to be tempted because this has cost a lot of money. would he be tempted, i would

hope not. would he be tempted to try to find a crime and find a reason for impeachment just so he can walk away and say i got something, i did my job? gregg gregg sure, there is always a propensity amongst special counsels or independent prosecutors who try to justify their existence. this case has always been an investigation in search of a crime, which is backwards under the law, under the federal regulations. this was an illegitimate appointment. you must first state a crime. specifically, look at the authorization order from mueller's appointment. there is no crime specified there. but, that has not stopped mueller from assembling a team of partisans to go after donald trump. brian: all right. let's talk about paul manafort now. what an hour it was for the president. the manafort verdict comes in and michael cohen deal becomes exposed. paul manafort found guilty of committing 8 crimes. five counts of false income tax return filing. one of failing to report bank accounts. two counts of bank fraud. where does he go from here?

he is looking at another trial in about two weeks. >> he is. brian: where does he go from here and some in the trump camp evidently worried looking at 80 years in prison, perhaps, will tart talking about things that donald trump doesn't want him talking about. >> well, i don't think he has anything in incriminating to say about the president because manafort was so briefly involved in the campaign and didn't know trump before then. he was hired on a recommendation. but what i worry about is what judge t.s. ellis stated publicly in his courtroom. he was the judge presiding over this trial. he says you don't care about manafort. you care about getting trump. and you will compose. what does that mean? it means prosecutors will write out a statement that may not be the truth and force a defendant to sign it. steve: gregg, before you go one of the things the jurors

said keep our names sealed because we don't want somebody knocking on our door why did you do that? >> i have seen that in a lot of different cases. this has become so politicized and people's emotions are so inflamed. you don't want to do anything that's going to endanger the safety of these jurors who performed a great service, sacrificing their lives for two or three weeks. so, you got to make sure they're safe. don't disclose their names. brian: ainsley, do you want to say goodbye to gregg. >> gregg, it's great to see you. thank you for saving brian yesterday. if you weren't watching yesterday morning, brian spilled coffee down his tie and had this little long dribble. we talked about it in the commercial. we come on air and gregg, at the end of his interview yesterday calls brian out on it and it was so funny. and then he gave brian his tie. brian: that's the key. that's the fox team attitude. >> where is that tie? brian: undisclosed location.

steve: jillian gave him a shout wipe. brian: it was a team effort. truly a crisis. ainsley: we all have to take care of you, brian. brian: thanthank you, ainsley. steve: number one book in the world russia hoax. brian: the russia hoax. go get it now. >> thank you. steve: jillian joins us now and have you another amazing story. jillian: another story we have been following. a father breaks down in tears as a judge reads charges against son-in-law accused of murdering his pregnant wife and two daughters. those charges indicate christopher watts may have killed his kids before his wife came home from a trip. her body found buried in a colorado oil field. the girls found in oil tanks. watts claims his wife strangled the girls after asking for divorce and he killed her out of rage. he has not entered a plea and could face the death penalty if convicted. a former house it aid avoids jail after lawyers complain president trump was mean to him.

elaron. president trump criticized him on. he worked for democrat debbie wasserman schultz before he was banned from the house network. she was criticized for not immediately firing him. an nfl player who protested the national anthem for the last two seasons is now stand 49s line baracker harold isn't explaining why he has changed his stance. telling a local newspaper, quote: me and my wife had a discussion and we feel it's best right now that i don't answer those questions and try to stick with ball. this comes as the league and players' association work to resolve the ongoing issue. could sending your kids to play outside each day keep the doctor away? >> sally, it's your last day of summer, go out and enjoy it? >> but i have to this students hand book. jillian: american academy of pediatrics is encouraging

doctors to unstructured play time. a new study suggests play something a critical part of healthy development learning life skills and combating stress. researchers recommend children get one hour of physical activity per day as well as an hour of creative play. a look at your headlines. i will send it back to you. steve: go out there and have fun until suspects surf time. brian: i never saw janice standing on a rope thing. stand on a rope and balance that's exercise. janice: i have no idea. brian: playgrounds are getting more dangerous. janice: talking about dangerous i have to get to dangerous weather and we'll talk about the playground stuff later. brian: okay. janice: hurricane lane category 5 doesn't get stronger than this storage. 165 mile-per-hour sustained winds closest proximity to hawaii that a storm of this strength has ever been in history. we are watching this track as we go through time. continual to move its northwesterly way and then, perhaps, make a landfall somewhere close to honolulu

or kailua-kona. the story is going to be the significant rainfall. here is the domestic gfs models. done with it on saturday. again, bowers we have high mountainous terrain of 13,000 feet and up, it's going to squeeze that rain and we could get upwards of 12 to 24 inches of rainfall and that's going to be potentially catastrophic. in addition to that hurricane force winds for all of these vulnerable islands, this is going to be huge story. one we will cover. there is not a lot of time to get our preparations made in hawaii. steve: could be a cat 5. all right, j.d. thanks very much for the heads up. 14 minutes wrst top o before the top of the hour president trump firing up republicans last night. live in d.c. next with reaction. brian: governor cuomo says america was never that great. what do millennials think? >> i would have to agree

with governor cuomo. >> there is definitely progress and i think we are just going through regression now. >> it was never really great, but we do do like great things sometimes. let your perfect drive come together during the final days of the lincoln summer invitation event get 0% apr on select 2018 lincoln models plus one thousand dollars bonus cash. until i held her. managing my type 2 diabetes wasn't my top priority. i found my tresiba® reason. now i'm doing more to lower my a1c. i take tresiba® once a day. tresiba® controls blood sugar for 24 hours for powerful a1c reduction. (woman) we'd been counting down to his retirement. it was our tresiba® reason.

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it's ranking on the number of dui arrest, deadly crashes and uninsured drivers on the road. tennessee second place followed by california and missouri. steve? steve: all right. jillian, thank you. president trump delivering a high energy message mimislandslide. brian: west virginia a

favorite stop for the president and critical one. think about switching that senate seat to red where he has spent a lot of time, by the way, touting his economy and coal resurgence. griff jenkins is live in washington with. so president's key points last night in a wild rally. hey, griff. >> hey, guys, good morning. west virginia is coal country it is trump country. he won it by 42 points. that's why he is back there talking about immigration, trade, jobs, the economy and even the nfl and, of course, ending the war on coal. >> so when i came here originally, west virginia, frankly, was down and out. it was not doing exactly well. one of the last. do you know that a few months ago, it hit where west virginia on a per capita basis is one of the most successful g.d.p. states in our union. >> he attributed it to coal being back. came on the same day the president announced an

e.p.a. rule rolling back restrictions on power plants across the country. full campaign mode supporting democrats and republr joe manchin. >> i have patric patrick morrisy coming soon. mr. president, the people of west virginia can't stand winning so much. please, you are winning too much for west virginia, please stop winning. and i'm going to say patrick, i'm sorry. >> and the president did not avoid the cloud of the news of the convictions against two former members of his inner circle addressing it both before and during the rally. >> it doesn't involve me but i still feel, you know, it's a very sad thing that happened. this has nothing to do with russian collusion. >> fake news and the russian witch-hunt. we have a whole big combination. where is the collusion? >> guys, this is far from

the last rally. on a conference call at the white house yesterday, briefers told us the president's to be the most aggressive campaigner in presidential history. brian: he wants to nationalize the mid terms. we will see if he will be successful. hey, griff, good job. steve: thank you. brian: from convicted star to football killer. aaron hernandez' final days written by his attorney. he joins us live next hour. steve: plus, governor andrew cuomo of new york says america was never that great. what do millennials think? >> i would have to agree with governor cuomo. >> there is definitely some progress and i think we are just going through regression now. >> it was never really great, but we do do like great, but we do do like great things sometimes. babies too young to be vaccinated against whooping cough are the most at risk for severe illness. help prevent this! talk to your doctor or pharmacist today about getting vaccinated against whooping cough. in your wireless mouse?

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>> we're not going to make america great again. it was never that great. brian: crowd gasp, new york governor andrew cuomo still feeling the heat for a swipe at america do millennials actually agree? let's listen. >> do you think america has ever been truly great? >> i don't believe america has been great for all folks ever, even today. >> i would have to agree with governor cuomo. >> can you point to a time or do you think there was a time when america was great? >> i mean, not particularly. steve: campus reform.org media director cabot phillips shot that video. he joins us right now with more. it's interesting. the governor has since walked those comments back and yet the people you talked to out in washington square park. >> don't walk it back they agree with you. no one should be say would he go should mandate patriotism forcing people to be proud of the americans. as americans we should understand historical context our greatness we

have done more good for the world than any other place. it shouldn't be that shocking my generation viewed as high brow, intellectual to say that america is nothing to be proud of. a lot of this stem from people's hatred of president trump. they view assaying that they are proud of america as saying well, i'm proud of president trump, i'm proud of what's going on right now there is a misconception in order to be patriotic, in order to support what's going on, you have to support every single thing your country is doing. that pressure is sad. brian: you went on to ask even more people some of those questions. let's watch. >> do you think that there is a time can you point to where america was great? >> i don't know. honestly. >> not great but like there was definitely some progress. and i think we are just going through regression now. >> it was never really great but we do do like great things sometimes. we fix a lot of problems, but it's never been wholly great. >> i think another aspect of this one place this stems from is education. we have covered it at the leadership institute campus

for reform. american exceptionally is a foreign concept in our education system. people aren't being taught. american exceptionalism, what were you taught in class about america all these people committed i guess when i was really young america was great. when i got to college my professors told me. steve: talk about college. life in great in college. you don't have to work in a factory with your nose to the grind stone. >> not just historical can text. the current freedoms they have right now. much of this stems as well you cannot ignore the role that president obama played in. this a last 8 years came of age america is not be proud of and should be apologetic. brian: every country think yous you are exceptional. one of the best things they can do is travel and get a perspective and come back and understand how great it is. that's my hope. >> amen. that's what they need to do. steve: cabot, thank you very much. brian: four minutes before the top of the hour. steve: still ahead on this wednesday morning.

illegal immigrants charged with first degree in the death of mollie tibbets. live from iowa next. brian: former ice director thomas homan live and alan dershowitz live. that's what they look like in separate pictures. ♪

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steve: an illegal immigrant is charged with first degree murder after confessing to kidnapping and killing mollie tibbetts. >> should have never happened. illegally in our country. the immigration laws are such a disgrace. we are getting them changed. >> paul manafort guilty on eight counts of tax and bank fraud almost certainly guaranteeing significant prison time. then came this the president's personal lawyer michael cohen pleading guilty to eight charges of tax and bank fraud and campaign finance charges. >> this case has always been an investigation in search of a crime, which is backwards under the law. >> new york democrat governor andrew cuomo, even declared that america was never great. oh, i see. >> i don't believe america has been great for all

folks. i would have to agree with governor cuomo. >> quote, america was never great. that's the democrats' new theme. ♪ brian: i was just in nashville jason aldean has his own bar as well on broadway. steve: how was the beer? brian: i don't know because i was with john rich. you will see the celebrity scroll there in a short while. across the street from john rich's place is kid rock's place going to open up on broadway. amazing celebrities buying bars. this could be a trend. steve: meanwhile, today ainsley is live at our white house down in our nation's capital. you know, ainsley, i know you are scheduled to interview the president a little later on this morning, but he has been known to actually see people on the north lawn and then walk out and talk to them. brian: maybe he will get it over with now. ainsley: wasn't that great? i know, i need to go ahead

and prepare myself just in case that happens, right? steve, when did you that interview, you were standing right here and the president and brian and i were in the studio and we were watching him walk down with the press trying to ask questions he wouldn't answer came right up here and talked to you. it was a great day. you didn't even know. it was a surprise, right? steve: it was a surprise. we interviewed him for half an hour. anyway, you will sit down with the president later on this morning in the meantime we are going to talk -- we have lots that you will be talking to him about. but right now we have got a fox news alert. brian: yeah. let's begin. we got this horrible news yesterday. an illegal immigrants is now charged with murder of mollie tibbetts. that immigrant is pictured right there christhian rivera. he will face a judge at 1:00 local time today. steve: he led police to find her body in a cornfield not far from her hometown of brooklyn, iowa. it's a tragic ending to a story we have been following for nearly five weeks. ainsley: yeah. we want to know why.

why did he have to do this former homicide detective ted williams has been following mollie's case from the very beginning and he joins us live in iowa where mollie's body was found, ted? >> hi, guys. this is a very tragic situation and a sad ending to a wonderful young woman's life. the last words we have been told that mollie said was let me alone. i'm gonna call the police. i can tell you that is not at thitypical of this neighborhood. this is the heart land of america where our neighbors know each other. where they leave their doors open. during the course of our inquiry, we got a chance to talk to randy. let's livabl listen to what shed to say about this town. >> throughout the day i have kind of noticed it's more of a gloomy feeling, even not knowing necessarily her

personally. it's upsetting because you are in such a small town in such a small community that you don't think something like that is going to happen. and you definitely feel a lot less safe than normal. >> that's the key. feeling less safe than normal. i can tell you grief has changed to rage out here. it is unbelievable to many of the people i have talked to out here that an illegal immigrants, a migrant worker, would take the life of one of their own. migrant workers out here, guys, i have got to tell you, are trusted. and for the most part they are good people. but in this instance, this one man, christhian rivera, is is now charged with first degree murder. steve: ted, i have got a question for you. according to papers out there apparently this

illegal alien worked for air and b farms he was vetted through the government's everify system. if he went through the everify system and he is in the country illegally, how does that work? >> >> well, you know, that's going to be a question that the homeland security is going to be having to having to answer today because clearlthrough the everify system they should have picked um on this guy. remember, what we have been told he was here 7 to 8 years illegally. >> you are right. they have to do some explaining later today. ted williams live in guernsey, iowa. ted, thank you very much. brian: as you know, ainsley, the president was speaking yesterday and immigration in this case came up. right? ainsley: yeah. brian, he was there this charleston, west virginia yesterday and news broke that mollie tibbetts body was found yesterday right after our show.

i was glued to the television all day long. i just have had a heart for this family as we all have and the dad was on our show. you know, it's just -- the testimony let him down. and we all grew up in towns like this where everyone knows everyone. and, you know, this is corn country. we have been to the iowa state fair where you could vote for -- i remember during the election you could vote who you thought was going to win by dropping a colonel in the jar at the state fair to know that her body was found in a cornfield covered up with corn. it breaks my heart. i think what it would be like as a female running down the street and being terrorized by this man and not knowing what's going to happen and you can't run from him and get away. the system just let them down. the laws need to be changed. and the president was talking about that yesterday. listen to this. >> with the illegal alien coming in very sadly from mexico and you saw what happened to that incredible,

beautiful young woman should have never happened. illegally in our country we have had a huge impact but the laws are so bad. the immigration laws are such a disgrace we are getting them changed. we have to get more republicans. the democrats want to turn america into one big fat sanctuary city for criminal aliens. honestly they are more protective of aliens, criminal alien thable they are of the people. brian: if you can't jog in iowa in the daylight in the cornfields you really have to wonder about security. it's been brought up. not a lot of illegal immigrants kill people? why are any of them there? it's like a dwi not every accident involves alcohol but none of them should and that's what it is about. steve: christhian rivera will be in court later today in iowa. we will be watching for that

paul manafort the president's campaign manager found guilty of 8 counts of bank and tax fraud completely unrelated to the russia investigation. meanwhile here in new york, michael cohen was found guilty -- guilty pleas for 8 criminal counts campaign finance violation bank fraud and tax evasion. the big thing, ainsley in watching the analysts, they are trying to figure out whether or not the president has any legal exposure here with regard to campaign violations in the payments to stormy daniels and that former playboy model. >> yeah. you are exactly right. because cohen changed his story. at first he said the president didn't know i was paying these women and then he changed his story and said he directed me to pay these women. who is telling the truth? what is right? we have questions. is that illegal?

gregg jarrett sat on the curvey couch with you guy as little while ago and he said no, it's not illegal and explains why. listen. >> there's two reasons why this is not an illegal campaign contribution. as long as there is a secondary or dual purpose the law says it's not a campaign expense. so, for the president, it would be personal and commercial reasons for paying money in exchange for a nondisclosure agreement and, second of all, in order to criminalize an illegal campaign contribution, you have to show willful and knowing violation of the campaign laws. most people don't understand campaign laws. brian: that's true. we know how michael cohen got the money. he has claimed the president directed him to pay off these people, but the question is when the money was actually repaid to michael cohen, where did that money come from? you would think if it came from the trump camp, if it came from the company or trump camp in particular you

don't need to go into the campaign funds. >> it came out of his own pocket. brian: mark levin was with us. and he talked about what this plea bargain means and what it can mean for the mueller investigation. >> the general counsel for the clinton mob family lanny davis, he had his client employed to two counts of accurately that don't exist. it is a guilty plea. it is a plea bargain between a prosecutor and a criminal. that is not precedent. just because a prosecutor says that somebody violated a campaign law doesn't make it so. he is not the judge. he's not the jury. a candidate who spends his own money or even corporate money for an event that occurred not as a result of the campaign, it is not a campaign expenditure. steve: i have been reading this morning on the op-ed page gymnasium mark levin has laid out the law like that the real threat to the

president is political. if the democrats take the house in november they will define what high crimes and misdemeanors are the cohen manafort convictions raise the stakes for president trump and his presidency but voters may want to see more than evidence about payments to a porn star to overturn the results of a presidential election. "the wall street journal" writes. brian: obviously when an attorney has been around you and your family for over 10 years, you have no idea what this person is capable of doing and as we heard yesterday, there is a chance that cohen could be cooperating under a separate agreement that is under seal. so if michael cohen has already shown that he will tape you in a conversation without you knowing it, what is he capable of telling prosecutors to lessen his time in prison, ainsley? final thought there before we toss over. ainsley: final thought the president said yesterday no russia collusion. that's the headline he took away from this. the question now is mueller, a lot of republicans are

accusing mueller of building his team full of democrats, people that don't like this administration. will they get him on something else? would they get him on breaking campaign finance laws? is that a crime? is it illegal? we don't know. we will -- time will tell. if democrats do win in november, a lot can change for this administration. brian: they can trot michael cohen out for a public testimony to question him there, too. steve: that's right. if the democrats were to win, cohen's charges would probably be the basis for some sort of impeachment action. all right. ainsley, thank you very much. more from her live in the white house coming up. brian: all right. meanwhile, straight ahead. president trump firing up his supporters in coal country, west virginia. >> obama's illegal anti-coal destroying regulations. >> we are putting our great coal miners back to work. brian: our next guest was at the rally and he has a message for the president. steve: it's national tooth fairy day. how much are kids getting from one tooth these days?

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>> every day we are keeping our promises. we are canceling obama's illegal anti-coal destroying regulations. we are putting you are great coal miners back to work. [cheers and applause] brian: and the west virginia crowd record. president trump taking his message straight to the people at charleston last night touting his plan to roll back obama era regulations on coal. next guest main figure in america's coal industry and praising the president's move and his speech and his rally. senior vice president of the west virginia coal association and was at the rally joins us now. chris, what has the president done tangibly over the last two years to change the future of coal, especially in west virginia? he has almost single-handedly turned this if i have around. darkest days within the coal industry during the president obama's 8 years and as a result. we just saw nothing but the,

you know, the type of consequences you find when you have a president youthizing every resource available to ratchets down and basically try to do away with the coal industry. you are saying eyes have reopened. people are off the shelf and back at work? you are saying you see these numbers? why clearly have. mining has risen 20% or. so maybe even a little higher. we are seeing minors go back to work that were previously furloughed a few new mines opening. we have some of the highest quality of coal in west virginia that you will find anywhere in the world. not only for electricity generation but also for steel manufacturing. brian: real worry for everybody is the environment. if you increase coal you are hurting the environment. the e.p.a. did a study and they say under the current conditions that the president laid out there will be an additional 1400 premature deaths by 2030 if this continues. do you want to take on that

study. >> we absolutely want to take that on. i think we have made tremendous gains. all the technological advancements you find around coal fired plants. we see a little bit of vapor and steam coming out of these plants. all airborne constituents have been eliminated. there has been tremendous progress made and that's something that the utilities and industry works on on a daily basis. there is going to be additional gains made going forward on a regular basis. we challenge that study. we think coal fired electricity today involves clean coal technologies. and, you know, what you find is basically every single airborne constituent has been eliminated. brian: chris, you know the president, even though you are not political. you are a business guy who wants to see coal thrive and this president seems to be doing that if the president has his druthers, he would have joe manchin replaced even though joe manchin is pro-coal. do you think you need a political turnover on this

uptick? >> we endorsed the senator manchin's opponent yesterday. you know, joe has done some good things for the coal industry but patrick morrisey has done tremendous things for coal. it goes above the individual. transcends so far above the individual. this is about which party you embrace and which party supports your business and in this case the national republican party, the local republican party has done everything imaginable to try to promote and foster greater natural resource development. brian: right. >> whereas the opposite party, the national democratic party headed up by chuck schumer and nancy pelosi have done every single thing possible to continue the dissemination of the come industry. brian: president of the west virginia coal association at the rally yesterday supporting the president. chris, thanks. >> thank you. brian: all right. 20 minutes now after the hour. football star to convicted

killer to killed in prison. story you haven't heard about aaron hernandez' final days behind bars. jose baez joins us next. i've been making blades here at gillette for 20 years. there's a lot of innovation that goes into making america's #1 shave. precision machinery and high-quality materials from around the world. nobody else even comes close. now starting at $7.99. gillette. the best a man can get.

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however you use it, your wireless bill is about to cost a whole lot less. ask how you get xfinity mobile included with your xfinity internet. so you just pay for data -- by the gig or unlimited. saving you hundreds of dollars a year. plus, get $300 back when you buy a new smartphone. xfinity mobile. it's simple. easy. awesome. click, call or visit a store today. jillian: good morning to you. back with quick headlines, republican congressman duncan hunter and his wife will be arraigned tomorrow on campaign corruption charges. the california congressman and wife margaret are accused of using $250,000 in campaign funds to pay for personal expenses and covering it up. they allegedly spent the money on vacations, school tuition dental work and travel. he says the indictment is politically motivated. two senators who just met with brett kavanaugh are telling two very different stories. republican susan collins and democrat chuck schumer say

they both brought up abortion and roe v. wade. >> he said that he agreed with what justice roberts said that it was settled law. >> he did not say that to me. conservative justices have a habit of saying something is settled law during their confirmation and then overturning it. jillian: schumer has long spoken out against kavanaugh while collins is seen as a swing vote. those are your headlines. send it to you, steve. steve: thank you, jillian. aaron hernandez killed himself in 2017 just days after being acquitted of two murder charges. the trial and final days of his life are detailed in a brand new book that came out yesterday called unnecessary roughness. author and defense attorney who represented aaron hernandez jose baez joins us right now in new york. jose, good morning to you. >> good morning. steve: how did you become his lawyer. >> aaron wrote me a letter

from prison asking if i would come see him and possibly take his case. steve: why? >> he wanted a new look and set of eyes. what happens with many athletes is they go with the first lawyer that their agent recommends and that's what happened in this case after being convicted he thought he would fight for himself and get his own lawyer. >> he was visiting in prison fighting for his life. you would make the argument that that conviction should be overturned? >> yes. what a lot of people don't realize is the oden lloyd case was prosecuted under what's called the joint venture theory which means the prosecutor has no idea who pulled the trigger and they had lots of evidence against him but didn't put the cases in context as well as i thought could have been and that's why i think that case was a winnable case. steve: sadly, five days after he killed himself, he was acquitted in that case why did he take his life? >> he had a severe case of cte, the brain disease from

repeated head blows by playing football. it's a direct link to suicide and, you know, after studying this case and looking at all the evidence, you really can't reach any other conclusion that cte was a major factor here you are critical of the nfl. >> yes, i think the nfl has turned its back on its players. i think there is extreme detect between the nfl and its players look at what's going on with the kneeling issue and we have all of these issues their players are committing suicide. while i appreciate the president getting involved in the kneeling issue, this is a far more serious issue where players are having -- walking around with severe brain diseases and nothing is being done about it. and until this canister explodes, i don't think anybody is going to give it the attention it deserves. steve: before he died, he

actually talked to you about writing this book. >> he did. we thought it would be an important component because some stories have been told about aaron hernandez that simply aren't true. and they have painted an image of him that is not accurate in any way, shape, or form. so what we decided to do and what we were discussing during the deliberations was telling who he is. he told me hey, write the good, the bad, and the ugly but make it the truth. steve: in your extensive conversations with him you never got the feeling that he was about to kill himself? >> absolutely not. and i think that's where the brain disease really took over he wrote me a letter and i spoke with him hours before he passed he was happy he was his normalself joking around. and if you look at the suicide notes that i have included in the book. steve: he wrote one to you. >> yes, he did. you could see the transformation right before your eyes in this book of how he is fine. and i even describe in the very first chapter that night of how of exactly what

happened and how the transformation occurred from being a normal person to the cte brain disease taking over and completely taking over and eventually taking his life. steve: you are blaming football? >> well, i think football is definitely the cause of this. when you have your brain sitting inside a skull and continuously repeated it he was actually walking around with half a brain. half of his good chunk of his brain was missing when they examined him during the autopsy. steve: that's what you are talking about with the title unnecessary roughness. jose baez, it is a provocative look at the life and times of aaron hernandez. we thank you very much for joining us live. >> thanks for having me, steve. steve: 7:30 in new york city. michael cohen has pled guilty and paul manafort was convicted yesterday. the impact of both the cases on the president coming up next. plus, democrat socialist alexandria ocasio-cortez is not happy about this coffee shop closing. but, does she know they shut down because of policies she

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♪ >> i feel badly for both. i must tell you that paul manafort is a good man. he was with ronald reagan. he was with a are the of different people over the years. and i feel very sad about that. it doesn't involve me, but i still feel, you know, it's a very sad thing that happened. this has nothing to do with russian collusion. this started as russian collusion. this has nothing to do. this is a witch hunt and it's a disgrace. steve: well, that's the headline in the "new york post," ainsley today. you can't see it don's cons full-court press two trump associates face jail time.

these are some of the things you are going to be talking to the president about just a couple ful hours from right now. ainsley: exactly right. showdown between president trump and his administration and what happened during the campaign and russia collusion and then the mueller investigation we're going to be talking to him about that and about manafort and what happened to mollie tibbetts an illegal immigrant is saying that he is guilty of killing her. we have a long list of questions. if you want to send in some questions, send them to friends@foxnews.com. we will be happy to ask him. brian: i'm amazed through this whole cycle since this president became president how many lawyers just want to get famous off cases and attacks on the president. after natavenatti want to hear t stormy daniels it's all about him. he went out for lanny davis. it's all about him and the reputation of hillary clinton. case in point. he was just on another network. instead of talking about what's best for michael cohen he is talking about attacking donald trump and not accepting a pardon?

listen. >> he would not accept a pardon. he considers a pardon from somebody who has acted so corruptly as president to be something he would never accept right now michael cohen needs help from the american people to tell the truth. and we have set up a website michael cohen truth fund.com to the go fund me site and this is about michael cohen telling the truth. brian: in other words, lanny davis is not getting paid so he set up a go fund me to get lanny davis paid for representing michael cohen to represent lanny davis' views of the president of the united states. that is unacceptable. >> keep in mind lanny davis also represents a guy who has pleaded guilty to 8 serious crimes. guilty of tax evasion, bank fraud, illegal payments, breaking campaign finance laws. he faced up to 65 years behind bars. you might ask why the plea? now he will likely get three to five. steve: it all comes down to this. people are saying the

president may face some sort of legal jeopardy or peril because michael cohen told the judge that donald trump directed him to pay stormy daniels and this other woman as well through the national enquirer setup they had there. big question is whether or not those payments are in violation of campaign finance laws. alan dershowitz who knows more about the law than pert near anybody has this to say about that. listen to, this ainsley violation of election laws are regarded as kin of jay walking in the realm of things about elections. every candidate violates the election laws when they run for president. usually they pay a fine, something like that happens. here they are trying to elevate this into impeachable offense or a felony against the president. >> tucker: right. >> look, they may name the president as unindicted co-conspirator. this is the beginning of a story that will unravel over time. it's not nearly as deadly

lethal as some have portrayed it as being. brian: ainsley, think about this. lanny davis has just said my client needs to pay me, doesn't have money, so let's set up a go fund me page. when my client gets a pardon, he will refuse it because he prefers jail. how stupid is that? >> yeah, we will ask the president today if is he planning on throwing out a pardon to michael cohen who was once his friend. yeah, that's ridiculous. i agree with you. why wouldn't he protect his client. when we talk about campaign finance laws and if it's illegal or not we were asking gregg jarrett that earlier as an attorney. he said it is not illegal. the reason is if there is a duel purpose it is not illegal if you pay someone to cover something up it's not illegal, he said, because there is a dual purpose. you don't want your business or wife to find out. you might morally believe it's wrong. i think most people would if that indeed did happen is it

illegal? it doesn't appear to be arrested cog to the experts. steve: regarding the question of pardons whether michael cohen would accept one via lanny davis that's a crazy thing that he would say pau paul manafort said yesterday special counsel's first win in court. found guilty of 8 counts of fraud and tax fraud. the president is thinking that poor guy got swept into this because he was my campaign manager. ainsley: right. steve: it looks like he did break the law years ago unrelated to the russia collusion thing that they have been trying to move, nonetheless, is he facing legal owe is facing a lot of time in jail simply because of the connection to donald trump. >> you are right. >> 15 counts, convicted on 8. mistrial on 106 them. asked for days to new trial and lawyers say they are extremely disappointed. brian: president was angry about the cohen news and then the manafort verdict.

the quote was unhe was unhappy and exasperated according to one of his aides. i'm sure you have a sense of that when you sit down with him in a few hours. thanks, ainsley. ainsley: you are welcome. jillian is here. she has not sat down she has been working on the news. jillian: that's right. you guys make me stand over here. brian: i'm sorry about that. jillian: get you caught up on the stories we are following. the nypd wants to pay you cold hard cash to take down bad guys a police union proposal would offer 500 to do so bystanders who help officers catch suspects that are trying to resist arrest. the proposal is ments to encourage people to help in dangerous situations instead of just recording those incidents on their phones. the fate of three confederate monuments now hang in the balance a north carolina committee is considering moving them days after unc students toppled a statue known as silent sam. [cheers] >> oh my god! oh my [bleep] god.

[bleep] took it down. jillian: the state's historical commission will vote today on whether to move the monuments, lee them alone or reinterpret them. the democratic governor roy cooper have suggested they be moved to a civil war battlefield to keep them safe. new darling as she has been called of the democratic party alexandria ocasio-cortez has another bone to pick. this time with a coffee shop that closed because of policy she supports. she posted a picture of her outside the new york restaurant where she used to work lamenting the fact that it closed down. but it turns down the place says they went under because of the very wage hikes the democratic socialist is pushing for. all right. you can all relate. one of the best feelings after losing a tooth is knowing that the tooth fairy is on the way. >> looks like there shun dreads, maybe thousands of names on this list. how many? clear around the world and back in one night. jillian: so today is national tooth fairy day and it turns out her rates have

gone up. according to delta dental, she leaves an average of $5.72 when kids lose their first tooth. in 2017 the tooth fairy left nearly $300 million under pillows. my oh my the tooth fairy is rich. steve: so much money in the mattresses and pillows as well. brian: what a wand. jillian: that's what you get out of it. steve: i wouldn't say i was born a long time ago but i remember 50 cents john f. kennedy coin under the pillow. brian: that's worth a lot of money. steve: these days for sure. thank you very much, jillian. meantime, janice, have you got a big storm, current lay category 5 hurricane is heading for hawaii. janice: not often you see a category 5 like this. to have it in the pacific we have only seen a cat 5 in history six times in this area of the pacific. this is the closest in proximity that we have seen to the hawaiian islands with the strength of a category 5

really ever in history. so this is a big deal, we are seeing on social media that people are taking preparations very seriously on the island of oahu cosco out of bottled water there are the tracks as we go through time. we think it will make a northwesterly tour. it is going to weaken. will it make landfall? we are not sure just yet. we think honolulu perhaps. coulkuai area. possibly cat 1 or cat 2 friday or saturday. it doesn't matter about the category rainfall catastrophic some areas 2 feet of rain because of the mountainous terrain. here are the hurricane advisories for the big island, watches on mi maui. we have only had three hurricanes hit hawaii in the past. this is a big deal we will continue to watch it.

steve: it is indeed. some people on vacation this week out there. janice: yep. steve: all right thank you, j.d. brian: senator clair mccaskill says she hasn't made up her mind after meeting with brett kavanaugh how she would vote. our next guest josh hawley is running against her and calling her out for being undecided about kavanaugh. steve: plus, it's time for some kids to head back to school. dr. nicole saphier just got back from an all-american road trip. she dropped off her oldest son at college. she is here with a health check list for every parent coming up. ♪ ♪ ♪

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♪ brian: all right. glad you are up. 14 minutes before the top of the hour. senator clair mccaskill, over to the left. is one the 10 red state

democrats seeking re-election. she is one of just three to meet with supreme court nominee brett kavanaugh. did she, indeed, have a choice? even after her meeting yesterday, mccaskill says she is still undecided. but our next guest is calling her out saying it's not a hard decision. josh hawley is the missouri attorney general and the republican senate candidate opposite clair mccaskill in a real horse race now for that seat. welcome, josh. >> thanks for having me. brian: you don't think it's a hard decision. you think brett kavanaugh should be a layup? >> absolutely. this is a state missouri that voted for president trump by 20 point. conservative judges a big part of that we think what's on the line of the supreme court, brian, immigration, the second amendment, religious liberty. this is not a hard decision, brett kavanaugh iminequitily qualified. 300 opinions affirmed by the supreme court 11 times. claire mccaskill ought to quit hiding come out now and say she is going to support him and stand up to her party and challenge him to support him also that would be leadership. brian: a lot of things happened with the last supreme court nominee gulch

where a lot of red state democrats volted he was going to get in anyway only needed a simple majority. would you be on the lookout for that a symbolic support? >> i think here is what claire mccaskill tends to do whatever chuck schumer tends to do. had to get permission to sit down with kavanaugh. a missouri senator should not be asking party bosses for permission to do anything let alone meet with a supreme court nominee. brian: mollie tibbetts in iowa illegal immigrant killed her blacked out on the actual incident. i'm sure you are not buying that. >> no. brian: what is your thought the president is politicizing this effort because it backs up his effort on illegal immigration. >> we have got to secure the border. i don't know how can you look at this and not think that secure the border. clair mccaskill my opponent would vote to secure the border. she is voting for open borders bill. that's not what we need. we need to stop the lawlessness, stop the drugs

and gangs. brian: the president is talking about building all with a. is he expecting $5 billion more declaration. it might get stopped in the senate. >> we have got to build the wall. the fact that clair mccaskill won't vote for funding for that wall. the fact that she won't support actually enforcing our laws at the border is another research she has to go. brian: president trump support you. >> absolutely. brian: josh hawley this is the toughest opponent clair mccaskill ever had. it's going to be doing fight to the end. >> thanks for having me. brian: we reached out to senator mccaskill we did not hear back. we do have voice mail so we will check it again. michael cohen's attorney lanny davis says he will not take a pardon. can you believe this? now he has a go fund me page to help get the truth out. it's called he hasn't gotten paid yet. alan dershowitz here to react next. plus, dr. nicole saphier just dropped her old irs son off at college. she is here with a health checklist as well as, i guess, a little bit of

sadness. put a smile on, doctor, you are coming out to the studio. ♪ don't be afraid ♪ to take the road less traveled on ♪ oh, oh ♪ oh, oh ♪ take the road less traveled on ♪

♪ steve: well, it's time time of the year kindergarten to college kids are heading back to school. next guest wrapped up all-american road trip dropping off oldest sonic at college. now dr. saphier is here to what she learned prepping her own kids for school and what you need to keep your family healthy this school year. >> i actually have kids from kindergarten to college now wide spectrum. steve: what was the hardest thing about dropping nic

off. we dropped all three of our kids off and it's tough. >> physically we drove just nick and myself two of us we went from new jersey down to mississippi with a packed car and so physically that was a little arduous. but, you know, the moment when i had to say goodbye to him got a little teary eyed. steve: a little? >> for me when i got home and he wasn't going to be in his room is when it really set in. steve: i don't have to pick up his laundry. >> the kid has been doing his laundry since he was 9 years old. god bless him. steve: there is the sendoff right there. have you got some tips for families. first of all, you say focus on nutrition. which i think is crazy because now that he is out of the house, is he going to eat anything he wants. >> you know what? i talked to him and his roommate brian and they are like-minded. they are great kids. they are are going to get along well together. we actually had the nutrition conversation because when you are going to school you are growing socially and academically but you need to be learning about nutrition and parents need to lead by example.

make sure you are introducing new foods to your kids from young kids to older kids. don't reward children with food. and really just make sure they understand the importance of good nutrition and exercise. steve: he is going to come home and put buffalo sauce on everything. that's what all my kids. >> he does do that. steve: meanwhile, know the risk your kids can face and there are a lot of them. >> absolutely. there are things you don't necessarily think of. of course, everyone needs to wash their hands. make sure you are checking children for lies. lice. seeing pediatrician, scoliosis, sometimes backpacks are too heavy they're causing back issues in young children and talk to your children about bullying. steve: talk to your kids about getting enough sleep. but, when they are in college and you are not there to say time to go to bed, they are going to be up all night. >> i think you get up pretty early too. steve: i do but i'm paid to. >> we know sleep is extremely important for everyone especially children. power down all electronics at least an hour before you go to sleep.

try to read before bedtime and avoid exercising, warm showers, warm baths before going to sleep and it will help you a little bit more. steve: fantastic. all good advice. >> my big one off in college and littlest ones in preschool and kindergarten. we are all feeling it. steve: they all miss nick. he will be home soon enough and pretty soon it will be college weekend, parents weekend. >> yes. i want to give one more shoutout to my son's roommate brian who helped me unload everything in the pouring rain because my son was on crutches and was really not very helpful in this whole move-in process. god bless him. nick and brian match made in heaven have matching trunks. steve: where is he from? >> from ohio. steve: thank you very much. >> thank you for having me. steve: big story we have been following all morning long illegal. that man right there illegal immigrant charged with

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which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ (vo) ask your healthcare provider if ozempic® is right for you. >> an illegal immigrant is now charged with murder of mollie tibbetts. >> should have never happened. illegally in our country, the immigration laws are such a disgrace. we're getting them changed. >> paul manafort found guilty of eight counts of bank and tax fraud. meanwhile michael cohen pled guilty to 8 criminal counts of campaign finance, bank fraud and tax evasion. >> this case has always been an investigation in search of a crime, which is backwards under the law. >> new york democrat governor andrew cuomo even declares that america was never great. oh, i see. >> i don't believe america has been great for all folks. i would have to agree with

governor cuomo. >> quote, america was never great. that's the democrats' new theme. ♪ brian: that's my second album. then i bought their next album. steve: ainsley look at what you are missing. you are down at the white house and you are missing talking about the cars. >> i love you guys but when the president says he will sit down for an interview, you have to say yes to that. i'm so fortunate to be here. i'm glad we're going to get to sit down and talk to him, after yesterday, big news day with manafort, cohen and mollie tibbetts. brian: we don't know where these cases are going and manafort's being tried for things prior to his relationship when these things come back-to-back, then the president's got also one of

his first -- [inaudible] -- he did go to a rally, a typical donald trump rally in west virginia. ainsley: you are right. steve: we start with a fox news alert. illegal immigrant is charged with first degree murder of mollie tibbetts. that immigrant, 24 years old, cristhian rivera, he will face a judge first time today. brian: mollie's body was found in a cornfield, not far from brooklyn, iowa. tragic ending to a story we have been following for five weeks. ainsley: our next guest is joining us from iowa, where molly's body was found. what's the latest this morning? >> the investigation is continuing. but i've got to tell you guys

what happened to mollie tibbetts is a parent's worst nightmare. can you envision raising your child for 20 years to be a good citizen, she goes out for a jog and she never comes home, for 34 days you're concerned about where she is, and then yesterday in a cornfield over my shoulder, mollie is found. mollie's friend and her elementary school principal talked about mollie. let's have a listen. >> oh, no, not molly. that's every parent's nightmare and just so sad. i just -- it's so wrong, you know. she had so much to give. mollie was a sweet wonderful young girl. we loved her here. she's part of our family. and she was very kind to everybody, so maybe the best

gift we can give is to be like mollie. >> a sweet young soul who is now gone, all as a result of an illegal immigrant, taking her to the area somewhere over my shoulder and leaving her like she was just a nobody, a very sad and tragic situation. steve: it is sad and tragic ted. i was reading the des moines register this morning and it said what really cracked the case were video surveillance cameras in the farms around there, ted. it said they could see her running, out jogging, and then they saw his black chevy malibu. it was kind of circling around, kept going around. they tracked the car to him, and that's when he gave up the terrible news. >> absolutely. he gave up the terrible news, and that terrible news was that he got out of that car. he started jogging alongside

mollie. mollie said something about leave me alone. i will call the police. he panicked. he said he blacked-out, and the next thing he knew there was blood in the car. mollie is in the trunk of the car. he then takes mollie out to the area where i am over my shoulder, puts her out here, just like she was nothing and left her body. and the big question is, was she alive when she brought her out to this area? that's going to be one of the questions that law enforcement is trying to answer. ainsley: it is so sad because we have been covering this case. when the news broke yesterday, we were all glued to our televisions and wanted to learn the latest and what really happened. our hearts go out to her family. many have said the system failed that family. we will hear from the president in a minute. he was in west virginia talking. he said this could have been prevented. the guy who employed him on his farm said he actually tried to

vet him. he went to the e-verify system and it didn't pop up that he was an illegal, that he was not a documented citizen. how did that happen? how did he slip through the cracks? >> well, that's going to be a question that homeland security i believe is going to have to answer today because homeland security, when you have migrant workers coming into this country, they should be verified, and also someone else is going to have to answer because this has been an illegal immigrant in this country, and he's been here for at least eight years. how did that happen? steve: all right. ted, thank you very much for the live report. brian: ted, thanks. ainsley stays with us. we're talking about two court cases that came down almost in a surreal fashion as if you were watching a highlight film of legal obstacles for the president. first you have paul manafort after a few days we find out that eight counts were hung, but

ten counts actually came to a conclusion -- actually eight counts -- steve: other way. brian: eight counts found guilty, ten counts they couldn't come to a conclusion. but paul manafort is looking at a lot of years in prison. then on the other side, you have michael cohen seems to have cut a deal and admitted to paying off at least two people for his candidate, that candidate thought to be donald trump. steve: it all comes down to that pay-off. was that an illegal campaign violation? that's what a lot of people are saying. and in fact, it was said this morning, the president not only directed a crime, meaning go ahead and pay stormy daniels and the playboy model, but he says the president is part of a cover-up. gregg jarrett says not so fast, what he may have done, not illegal. >> there's two reasons why this is not an illegal campaign contribution. as long as there's a secondary

or dual purpose, the law says it is not a campaign expense. so for the president, there would be personal and commercial reasons for paying money in exchange for a nondisclosure agreement. second of all, in order to criminalize an illegal campaign contribution, you have to show willful and knowing violation of the campaign laws. most people don't understand campaign laws. steve: that's what it comes down to, ainsley. ainsley: what's interesting is cohen is guilty tax evasion, bank fraud, eight different crimes he's pled guilty to, all of a sudden he changes his story saying the president did know about this. what's the truth? we need to see evidence if that's the case because it looks -- it appears that he is -- this is part of his plea because he wants to not spend -- he doesn't want to spend as much time in prison. now he's looking at three to five years. where's the proof? if you have -- we heard those

videotapes of him talking with the president. the president saying check -- but the president says he didn't think that was for these women. he thought that was for something else. we're going to sit down with him today. we will get him to explain his side of the story. brian: how davis could represent a client and say i don't want my client to get a pardon is beyond comprehension. mark levin who is an awesome lawyer also a fantastic host offered instant analysis on hannity last night. >> the general counsel for the clinton family, lanny davis, he had his client plead the two counts of criminality that don't exist. it is a guilty plea. it is a plea bargain between a prosecutor and a criminal. that is not precedent. just because a prosecutor says that somebody violated a campaign law doesn't make it so. he's not the judge. he's not the jury. a candidate who spends his own money or even corporate money for an event that occurred not

as a result of the campaign, it is not a campaign expenditure. steve: also legal experts say that a campaign finance case against the president would be tough because they say prosecutors would have to show that mr. cohen and mr. trump knew they were breaking the law, which is a gray area, and that is hard to prove. ainsley: the president said yesterday it doesn't involve me. i still feel very sad. this just proves it has nothing to do with russia. you know, mueller was looking into paul manafort. mueller was looking into michael cohen to see if there was any collusion. they didn't find collusion. instead they found tax fraud and evasion. the president said no russia collusion and calls it a witch hunt. brian: what they are doing, rightly or wrongly, i know these men seemed to have done something wrong, i'm not a legal expert, but the people around the president are being taken out. michael flynn, loyal subject, steve collins first lawmaker one

of the first to back him, duncan hunter, yesterday, one of the first in the congress, a veteran, he also has some campaign finance issues. and then you have michael cohen, his long time lawyer and then a guy that came out of from eastern europe to help him out with the election to replace corey lewandowski, they are in legal trouble. i'm not saying they are not all legitimately under fire for a reason. there's one thing they have in common, they were all around the president. he has to feel a degree like he's under siege. steve: but at the same time, it all started with russia, and they were looking for collusion, and so far none of the cases have been connected to that. ainsley: that's right. we will sit down with him today at 11:00. if you have any questions you want us to ask the president, send them over friends @ foxnews.com. steve: if mueller is watching, can he e-mail you and ask some questions that way? ainsley: we would like to have him on for an interview. that would be nice.

mr. mueller, friends @ fox news.com. brian: i could hear you saying this one comes from a viewer, robert mueller. [laughter] brian: fantastic. steve: we have more news now. >> final two fugitives wanted for ambushing undercover detectives are behind bars. more than 25 rounds were fired at detectives, but they both survived. in colorado a search for suspects is intensifying after a police officer is shot responding to a home invasion. the officer is expected to recover. turning now to extreme weather, hawaii on high alert this morning as hurricane lane heads towards hawaii as a category 5 storm. the potentially historic hurricane could make landfall friday bringing rain, flooding and powerful winds. take a look at this 3-d map to shows nearly 6 inches of rain expected to fall every hour. only two hurricanes have

directly hit the island in a century. this storm could be the third. janice has been keeping a close eye on the storm. today the first airman since the vietnam war will receive the medal of honor. president trump will posthumously award him at the white house. he was killed in afghanistan in 2002 on a mission to retrieve the body of a fallen navy seal. chapman was dropped from a helicopter and immediately fired upon from all sides. drone video shows how he kept on fighting for 70 minutes despite being shot nine times. chapman's widow will accept the medal on his behalf. he left two daughters behind. that's a look at your headlines. back to you. steve: that's right. it will be presented this afternoon. i bet we will see it on fox. thank you. coming up, president trump firing up his supporters in coal country and hammering democrats ahead of the midterms. we are live in washington next. this football player kneeled next to colin kaepernick during the anthem, but now he's taking

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steve: president trump delivering a high energy message in a state he won in landslide in 2016. we're talking about west virginia, which has become a favorite stop for the president where he spent a lot of time talking about the economy and coal. griff jenkins is live in

washington, d.c. with some of the key moments, and griff, additionally, aside from touting what's going on in the economy, he would like to see a republican hold the senate seat there. >> he would. and you know, coal country is trump country, and manchin is a little bit of a moderate but he has a different candidate that he wants. first of all, president trump won west virginia about 42 points. the main theme he had besides immigration, trade, jobs and the economy, but also ending the war on coal >> we are putting our great coal miners back to work. we love clean beautiful west virginia coal. we love it. that's indestructible stuff. in times of war and times of conflict, you can blow up those windmills. they fall down real quick. >> no windmills in west virginia. now, this came on the same day the president announced a new epa rule rolling back stiff obama era regulations on coal

fire powered plants. he was in full campaign mode hammering democrats and throwing his support behind attorney general patrick morsey who is trailing democrat manchin. >> we must elect patrick morrissey. we need him. get your friends, neighbors, coworkers, family members, get the people that love our country and get out to vote. we need his vote so badly. we need his energy. you are going to see, this guy has energy. >> and the president trained his sights on new york's governor cuomo for his comments about american greatness. >> new york's democrat governor andrew cuomo even declared that america was never great. oh, i see, okay. tell that to our great soldiers at world war i, world war ii,

korean war. >> now, steve, morrissey trails manchin by 7 points so we will see in this general election whether the trump bump holds firm. steve? steve: griff, thank you very much. 8:20 in new york city. a short time ago michael cohen's attorney lanny davis said he would not take a pardon if given one by the president. well now they've got a go fund me page to help him get the truth out. alan dershowitz says cohen has barely my credibility. he's next. he was arrested at the airport trying to get to pakistan but wasserman schultz's former i.t. aide won't be going to jail. the crazy reason why, coming up.

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be i decided that to i wanted to goctor for electrical engineering and you need to go to college for that. if i didn't have internet in the home i would have to give up more time with my kids. which is the main reason i left the military. everybody wants more for their kids, but i feel like with my kids, they measurably get more than i ever got. and i get to do that. i get to provide that for them. >> good morning.

hope you are having a good day so far. quick headlines. twitter suspends 284 accounts for engaging in what is being called as coordinated manipulation. the social media giant says many of those accounts originated from iran. they did not discuss specifics on why they were deleted. facebook, the washington post reports users are rated on a scale between 0 and 1, but it's unclear exactly how they calculate that score. and it's completely hidden to users. facebook says the system helps stop the spread of fake news. interesting stuff. steve and brian? steve: thank you. brian: president trump's former personal lawyer michael cohen pleading guilty to criminal charges of his own, cutting a deal facing jail time as part of a plea deal with the feds. steve: this morning ainsley is live from the white house. she's going to ask the president about that. but first as you can see, far screen left, we have got harvard law professor alan dershowitz. he's the author of the case

against impeaching trump. he joins us from martha's vineyard. good morning to you. >> good morning. steve: so professor, so much is being made this morning about the possibility that the michael cohen charges could come back to impact the president. how -- first of all, do you see that happening and is he in any legal peril? >> well, the death-knell that they have been sounding on some of of the other cable televisions seem to be exaggerated. there are many steps that have to be taken before the president is in legal jeopardy. first of all, you have to show it is a crime. if mr. trump the candidate contributed several hundred thousands dollars to his own campaign to pay hush money to women who were either truthfully or falsefully alleging against him, that's not a crime. a candidate can contribute as much he wants. if he directed someone to do it,

planning on paying it back, that's probably not a crime. you have to get over the legal barrier first. then you have to get over the credibility barrier. the only evidence that the president did anything that might be unlawful even arguably -- [inaudible] -- comes from a lawyer client privilege, unless there are exceptions to it. there are a lot of barriers between what cohen said yesterday in court. there's been no indictment, grand jury, only been a statement, by a man who has admitted to criminal conduct. we are far away from impeachable offense or criminal offense by the president. ainsley: i know you wrote the book "case against impeaching trump". will this election be about impeachment? because mueller was going after him trying to find russia collusion. that hasn't happened so far. are they going to try to use this against him and try to prove that it is illegal, maybe find some loophole saying it is illegal, maybe they disagree with you, is there room for

different opinions when it comes to reading that law, or is it just a hard fast rule that this is not illegal if he did end up knowingly direct cohen to pay these women? >> well, i think if you read my book "the case against impeaching trump", it makes a very persuasive argument that you can't impeach on the base of minor derelictions or even crimes. you need a high crime and misdemeanor. every campaign has violated some technical election law. i think there are going to be some democrats, there's one in minnesota, there are a few others, who are going to run on give us the house and we will impeach the president. there's what happened when president clinton was impeached, and of course it ended up being a disaster. it backfired on the republicans because the senate refused to remove him. so i think impeachment will be an issue, but i think the law on impeachment, at least according to my research, is fairly clear, and the president has not at least up to now committed any impeachable offenses.

brian: michael avenatti, the antithesis of you, he's a fla flamethrower and came out essentially said because of this, he will have a chance to depose the president. what's your reaction? >> it will never happen. almost all of avenatti's predictions have not come true. he's also said that the president would resign. the case of stormy daniels is a nothing case. i don't even know why it's still in court. the money was paid. the president has been willing to let her say what she wants to say. she's free to say what she wants to say. i don't even understand why the case is in court. the case seems to be in court because avenatti wants it to be in court. i don't see how it benefits stormy daniels. steve: sensational headline. >> yeah, but it is not a case that's going anywhere. and i think neither avenatti nor daniels will have any real impact on the outcome of this matter.

it is a side show. it is a side show that's only there because the media is putting oil on the flames. steve: alan, yesterday the media were out in front of the alexandria federal courthouse. paul manafort found guilty of eight counts of bank and tax fraud, related to his work as political consultant years before he was the campaign chairman for donald trump. it's interesting yesterday -- or rather earlier today, lanny davis said that he would not -- his client would not accept a pardon from the president of the united states. but given the president's comments regarding paul manafort, where, you know, he feels sorry about him, got all tangled up in this because he worked for the president, what do you think the odds are that donald trump might actually pardon one or two of these guys? >> well, let me first correct my dear friend lanny who is a really an excellent lawyer, nobody has to accept a pardon. the supreme court in an opinion

said a pardon is a presidential act, and the person pardoned doesn't have to accept it or reject it. it is there. the pardon has the impact without regard to what the person who gets it wants. i think there is some possibility he may pardon manafort. the language he used yesterday, tragedy, manafort's a good person. he worked for other people, certainly leads to that possibility the way george h. w. bush pardoned weinberger. i don't think there will be a pardon for cohen. i think cohen and trump team are in an antagonistic position and the trump team's approach will be try to discredit cohen. there will be two very different approaches to manafort and cohen. ainsley: i'm sure he's really upset with cohen. as you mentioned he said yesterday he was sad about manafort. but wow, cohen really turned his back on him and is now saying he lied and then hired hilary clinton's good friend. brian: he taped their conversation before he was president. >> even if cohen wants to testify against trump, he can't

testify as to any conversations taped or not taped that are covered by the lawyer client privilege. what he's trying to do is claim that the direction by the president comes outside the privilege because it was illegal and part of the crime fraud exception. but if in fact the president directed him to do it and intended to pay it back, that may not be a crime. there's a question about whether or not even that testimony is proper or lawfully admitted under the lawyer client privileges. these are complicated issues. they are far from knowing the answers. brian: alan you used to be retired. now we have you working harder than ever. thank you very much. >> thank you. steve: 29 minutes before the top of the hour. grief turning to rage in iowa after an illegal immigrant is charged with murdering mollie tibbetts. former acting i.c.e. director thomas homan says this is just another example of why we need to enforce our immigration laws. he joins us live next. brian: play of the day. let's talk a little sports, an amazing catch at a game helping

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>> you heard about today with the illegal alien coming in, very sadly from mexico, and you saw what happened to that incredible, beautiful young woman. should have never happened. illegally in our country, we've had a huge impact, but the laws are so bad. the immigration laws are such a disgrace. steve: you hear the president last night in charleston, west virginia. ainsley will be talking to the president in a few hours at the white house. i'm sure that's something you will be talking about, the fact that 24-year-old cristhian

rivera who is in this country illegally has admitted to essentially murdering mollie tibbetts who we have been looking for since july 18th. ainsley: that news was so sad yesterday when it came down because we were talking to the dad and the dad seemed so optimistic and led us all to believe that maybe there was some reason he thought she was still alive and holed up with someone that might have been at some of her vigils, but unfortunately we found out yesterday they did find her body in a cornfield. brian: let's bring in tom homan, former acting director of i.c.e. i wish it was happier circumstances, we could talk about you joining the network, we're thrilled, but we need your expertise here. how can a guy be working in the fields of iowa for four years under the wire and get away with this? >> first of all, my heart goes out to the family of this young lady. what a tragedy. and i went to bed last night. i'm angry. my heart breaks, but because -- let's just be honest.

there's people up on the hill, there's certain politicians, like your politicians in new york, senator gillebrand, governor cuomo, and kamala harris, people who don't want to enforce immigration law. secretary of nielsen, head of cis, to talk about the loopholes we need to fix. this is why we need a wall. this is why we need to fix the loopholes. i'm sick and tired of talking about this issue and meeting yet another angel mom that's been created at the hands of an illegal alien. we need to stop politicizing this issue and fix it once and for all. after 34 years it is the same argument over and over again. steve: tom, one of the ways to fix it is the e verify system and according to the papers out in iowa, this particular fellow worked for a farm, worked there four years and according to his employer, they put his name through the e verify system and it did not come up that he was in the country illegally. so something didn't work. >> and, look, i'd have to -- i

think i need to be investigating, did they run it through e verify, we will see. i think hsi will investigate that. e verify has prevented a lot of illegal aliens from getting jobs, the best system out there. there's constantly improvements made in the system. i will wait and see if it comes out in the investigation. look, e verify can be beat in rare circumstances. i'm not going to share with you how to beat it, because i don't want people to know how to beat it. did they actually run this person e verify and what failed? i will wait for an investigation to end on that one. ainsley: are we seeing more illegal criminal aliens in places like this in the middle of the country where you just don't expect it, where everyone knows everyone? i mean, i understand it is all -- i think about kate steinle's family, it was so tragic, it was awful but we know california is a sanctuary city so we know a lot of the criminal illegal aliens will go there, but we don't expect it here, not in the middle of the corn

country. >> there are a lot of illegal aliens employed in the farm industry. when i was acting i.c.e. director, i directed that we increase by 400%. when i left, they were up 300%. hopefully we will get to 400% by the end of this year. this person was in the country illegally. didn't have any criminal history other than entering the country illegally that we knew of. this is another example why these folks who say just concentrate on the criminals and forget about everybody else. here's somebody that's everybody else. that doesn't mean everybody else is free to stay. we need to enforce the laws in a meaningful way against all of them. we still need to prioritize. just because you don't commit another crime in this country doesn't mean we should look the other way. brian: we found out about a murderer that was just taken out of the country, everyone was up in arms because his wife was pregnant at the time. it turns out he's a murderer, wanted in mexico. let's talk about another situation that happened yesterday. we found out about the arrest of a former nazi living in queens for decades. we've been trying to get him out. but i.c.e. picked him up.

did you know about this case? >> yeah, we've been trying to -- you know, when i came to i.c.e. headquarters d.c. in 09, we were trying to remove this guy, but we had trouble getting the country to accept him. you know, i've got to give the president a lot of credit here. he talked about in this his campaign. he talked about once he got in office about this. there were 22 or 23 of them that weren't accept their nationals back, even after being ordered removed by a federal judge here. under president trump's leadership and secretary nielsen, we took that number from 22 to 9, when i left the agency. and out of those 9 remaining countries, we're asking for visa sanctions on six of them. so and the president took the bull by the horns in this issue. i've got to give him a lot of credit. he's held dhs on this. we were pushing hard. i was pushing hard. i'm not there anymore. this president took this issue and he ran it. and look at the success we've had with it. steve: it was a priority. we had ambassador grinenll on the program yesterday.

and he said look when i went to berlin the president said this is your number one priority. do something about it. here he did. >> think about that. this guy's been here for how many years? we have been trying to remove him for at least a dozen years. i have said a hundred times, this president cares. he knows this issue. he's taken it personally. and he's pushing it. so thank god he's in a position he's in to try to make an effect on border security and public safety because he's making a difference. brian: took his citizenship away in 1995. tom homan, thank you very much. ainsley: thank you, tom, welcome to the family. >> thank you. steve: 18 minutes before the top of the hour. extreme weather, hawaii is on high alert this morning as hurricane lane bears down. it is currently a category 5 hurricane. brian: 3-d map you are looking at showing nearly 6 inches of rain and expected to strike per hour. that's going to be a lot. janice dean is tracking this. >> this is a big deal, category

5 hurricane. the closest a cat 5 has come to these islands in history, since recorded history, and we've only had three hurricanes actually make a landfall on hawaii, so there's not a lot of history here, and i'm concerned that people are complacent. we are going to see a weakening trend over the next 48 hours. that's the good news. however, we're still not quite sure of the trajectory and how strong it is going to be. will it slow down? that will mean the, you know, the difference between 12 to 24 inches of rainfall. so that's going to be the legacy of this storm, we think. tropical storm advisories, tropical storm models showing the northerly track, northwesterly, will it make landfall? that's the question. but every island in its path is going to at the very least receive a lot of rainfall and perhaps tropical storm force winds. there's the model. this is friday, 3:00 a.m., coming very close to the big island. it will start to weaken, but

again, my concern here is going to be epic rainfall events, and this is potentially going to be catastrophic, and again, we don't have a lot of history to guide us here. so people need to be making their final preparations and listening to their local officials. steve: that one graphic you just had, currently it has wind gusts of 195 miles-per-hour. unbelievable. >> yes, sustained 160, 195 miles-per-hour gusts. brian: if it's not the lava, now you have a hurricane to worry about. >> that's the problem. they have been devastated by volcanoes and now we have perhaps a historic hurricane. steve: thanks for the heads up on that. new york governor cuomo says america was never that great. so what do millennials think? >> i don't believe america has been great for all folks ever. >> can you point to a time or do you think there was a time when america was great? >> i mean not particularly. brian: there's more where that came from. plus, one of the most iconic sports cars in america, the new

mustang is on our plaza. we're celebrating the year of the muscle car. here's hoping we got a permit this time. ♪

>> good morning. we're back with some headlines. a former house it aide avoids jail after his lawyers complain president trump was mean to him. imran awan sentenced to three months of supervised release for making false statements to get a loan. the president criticized him on social media, which his lawyer said was punishment enough. he worked for democrat debbie wasserman schultz. she was criticized for not firing him immediately. an nfl player who protested the national anthem for the last two seasons is now standing. 49ers linebacker who kneeled beside kaepernick back in 2016 suspect explaining why he's changed -- isn't explaining why he's changed his stance saying

quote me and my wife had a discussion and feel it is best right now i don't answer those questions and try to stick with ball. this come as the players association and league worked to resolve the ongoing issue. take a look at this. an incredible catch steals the show at a wounded warrior softball game. you have to see it. the ball bouncing out of the center fielder's glove and into the glove of the diving right fielder at the game in ohio. that's a look at your head loli. brian: never give up on the ball. steve: thank you very much. ainsley is down at the white house. she will be interviewing the president in a few hours. ainsley, let's set up this segment by reminding folks what the governor of the great state of new york said when he was talking a little bit about making america great again, which is the slogan of the guy who lives in the house behind you.

ainsley: remember when he said -- >> we're not going to make america great again. it was never that great. brian: he's probably politically not going to recover from that, but it prompted a q&a theme to find out how america really felt, ainsley, about the country. ainsley: yes, we went out to one of the campuses in the country -- steve: washington square park. ainsley: he goes out and asks millennials do you think the country is great? watch this. >> do you think america has ever been truly great? >> i don't believe america has been great for all folks ever. even today. >> i would have to agree with governor cuomo. >> do you think there's a time you could point to where america is great? >> i don't know honestly. >> not great but there was definitely some progress. and i think we're just going through regression now. >> it was never really great,

but we do like great things sometimes. like we fix a lot of problems, but it's never been wholly great. >> what's interesting about this, we were talking to him, and he said he probably interviewed about 15 people. and only 1 out of the 15 said yeah, what are you talking about? america is great. ainsley: how can they say that? they are in new york city. it is so great. it's so great to be here in america. it's really -- you know, we can smile and we can shake our heads, but it really is serious. this is what millennials think about our country? you know, are we not doing a good job as parents to raise our kids to tell them what other countries are going through and how other countries suffer and our soldiers fight to keep america great and to keep others in other countries from abuse? i mean, it baffles me that people live here and they don't think it's great. we're at the white house. i mean, they are also probably in college. they haven't, you know, gotten their first paycheck yet. and once they do, and they start paying taxes, i think they will change their minds.

steve: we will see. ainsley: i hope so. steve: straight ahead, one of the most iconic sports cars in america. the new ford mustang on our plaza. we're going to get in it next. ♪ before discovering nexium 24hr to treat her frequent heartburn, lucy could only imagine enjoying a slice of pizza. now it's as easy as pie. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn? so you have, your headphones, chair, new laptop, 24/7 tech support. yep, thanks guys. i think he might need some support. yes. start them off right, with the school supplies they need at low prices all summer long. like these for only $2 or less at office depot officemax.

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>> good morning everyone. coming up, the illegal immigrant who confessed to killing mollie tibbetts makes his first court appearance a short time from now. what the president is now saying about her death. plus two former trump associates get simultaneous convictions in two different courtroom dramas yesterday. lanny davis will join us for the first time on fox since becoming michael cohen's attorney. a big lineup coming up, all live in america's newsroom. we will see you at the top of the hour. steve: looks like 2019 is going

to be the year of the muscle car. when we want to talk cars, we go to the car guy, a fox news transportation expert. mike, this mini-cooper is adorable. >> it is. steve: it just made a big trip. >> it is muscle and performance for 2018 this summer, and this is a mini-cooper. here's the big story on this, three weeks ago, mini traveled across the country, 3,000 of these cars on the road, to raise food for families and kids, 1.1 million meals raised with this vehicle. this is a special edition for it. you can still donate to that. >> i've got the keys. >> i just got back from nashville two weeks ago where i drove this for five days. >> this is a nissan 370 z? >> it is a roadster, convertible. starts at $41,000. i love the look of this car. it is a fun one to drive. debuted two weeks ago in the

northeast. >> tell me about that engine. >> you want to talk about horsepower? 790 horsepower. this is a dodge challenger. starts at $71,000. >> this is a show stopper! >> i brought you the concept vehicle back at the new york auto show. i'm bringing you the bullet now. i drove this a week ago in san francisco. i took the route that steve mcqueen drove on. this is the ford mustang. listen to this. it only starts at $46,000 for a fully loaded 480 horsepower. this thing is fast. the sound on this? here's a really cool fact. they took the original vehicle from the movie and they married the sound to match the sound in this car. brian: more fox & friends in a moment. we will talk to you on the other side. ♪ ahoy-hoy. alexander graham bell here...

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come, right? >> thanks all of you. we're going into the white house right after the show to do an interview with the president and air the full interview tomorrow. stay tuned from 6:00 to 9:00 tomorrow on "fox & friends" for that exclusive interview with the president. >> sandra: a major milestone on wall street as investors celebrate the longest bull market in history stretching back nearly nine and a half years kicking off back in march of 2009 when the u.s. stock market bounced back from the great recession. more on this as we await the opening bell a few minutes away on wall street. last night two former trump associates get two convictions in two different courthouse dram yas. former trump campaign manager paul manafort found guilty on eight charges as the president's former attorney michael cohen takes a plea deal throwing more fuel on the fire of the mueller investigation. welcome