rob: it is august 30th. three extremist muslims accused of training children to become terrorists back on the street. jillian: outrage boiling over the judge dropped the charges. rob: donald trump ripping cnn for refusing to retract the infamous trump tower reports. jillian: the news organization of using to back down. rob: delayed package going viral for a reason you will barely believe. jillian: "fox and friends first" continues right now. ♪

jillian: fox and the house. rob: i need donna -- can't have any of the talent. jillian: or anywhere basically. you are watching "fox and friends first" on thursday morning. rob: thanks for starting the day with us. three of the five for some extremists are now free. jillian: charges have been dropped and the judge is blaming prosecutors. griff jenkins joins us from washington with the latest developments. >> reporter: a simple mistake by prosecutors seems to have been what led to the release of three arrested in connection with the extremist compound, sheriff's

office confirmed late yesterday that they were set free. district judge emilio chavez dismissing the charges against all 5 because of failure to follow state rules requiring evidentiary hearing within 10 days of a suspect being charged in jail. it was called a difficult decision but the rules no option. two of the five remain in jail on separate child abuse charges resulting the death of abdul h wahaj. his father pleaded not guilty, their defense attorney had this to say about the public outrage. >> whether people are outraged or not, direct your outrage to the source of the problem. the judge said he expects the district attorney to do their job. >> reporter: the judge had a message for the public in this case. >> urge everyone to not react to

the information in the warrants that were filed but rather the evidence as it gets developed. >> reporter: the judges in both cases admonished the district attorney's office for putting them in this position. prosecutors could seek charges by asking the grand jury to indict them on additional charges, no indication how they will proceed. jillian: thank you very much. the story sparking outrage nationwide over the potential threat of releasing the three extremist. rob: ryan morrow has been following the case and told us earlier today this ruling is dangerous. >> these three individuals, three of the five leading the compound are very dangerous and at this moment they have the maximum incentive to try to flee even if they are under house arrest or to try to carry out an

attack and died because they don't want to go to jail. if your jihadist you want to die as a martyr. they know if they go to trial they will get convicted and be locked up. for them the choice is trying to flee or carry out an attack. >> reporter: the compound is not suitable for house arrest. rob: the president picking a fight with google over what he thinks is political bias. a video tweeted out by the president claims google promoted former president obama's state of the union address every year but the video claims donald trump's addresses were never promoted. google says they did highlight a link to the president's state of the union this year and showed it but they say they never promoted president's first address to congress. we will see how that develops.

the fbi refusing to confirm or deny whether they were warned about china hacking into hillary clinton's private email server. the fbi saying no comment reports the inspector general briefed the bureau three times about a possible anomaly found in 30,000 inbound and outgoing emails, donald trump slamming the fbi over reports that china was to blame. >> reporter: white house counsel don began is leaving after brett cavanagh is confirmed to the supreme court in fall. donald trump saying he's not concerned about what he said to robert mueller. >> he is a really good guy, been with me for a long time. he has been here almost two years. a lot of affection for don. >> any concern what he says to mueller? >> know. >> reporter: donald trump said he gave the green light to speak with the special counsel investigators.

a professor linked to the russia probe is at the center of the complaint about wasted taxpayer dollars. defense department whistleblower accusing him of abusing government contracts along with paying $600,000 for academic papers related to russia. judicial watch demanding the release of emails and messages. rob: donald trump optimistic about renegotiating a trade agreement with canada as tomorrow's deadline looms. >> canada wants to make the deal. and things working out very well. >> the united states mexico trade agreement during the mexican president's phone call. >> reporter: donald trump pulling an about-face on military drills on the korean peninsula, the president believes his relationship with kim jong un is a very good and warm one and there is no reason at this time to spend large amounts of money on joint us

south korea wargames. the drills could continue until the rogue regime could denuclearize. >> thousands gathering to say final goodbyes to john mccain. >> more on the memorial service, on the deal. >> 15,000 people pay respects to the american hero in the blazing sun and triple digit temperatures, the late senator john mccain served the state for 36 years in washington. he is remembered not only for those years but the half decade he spent as prisoner of war in vietnam. >> three or four hours. >> he moved forward. that is why they call him the

lion and me. >> four of the senator's children, jimmy, jack, and doug, thanks folks who came to see their father as he lied in state. a very that they, they will be 5 ceremonies of remembrance. in a private ceremony held here governor doug doocy said his friend is the only politician who could get us to set aside politics and come together. >> like many of us in arizona john mccain was from somewhere else but his spirit, service and fierce independence ultimately helped shape the state with which he became synonymous. >> reporter: i mentioned 5 days, that continues with the memorial savers at the phoenix church, in 24 sitting senators will attend.

find to joint base andrews at the capitol rotunda followed by the memorial at the national cathedral saturday. on sunday his family will attend a private ceremony at the naval academy in annapolis where the senator will be interred. rob: exceptional week of remembrance. we appreciate it. jillian: 9 minutes after the hour, get out of jail free free drug, suspect are not required to post bail. the vice chair of the republican party says it will only create more havoc in the liberal state. >> what is the difference between them following on the road and dying or being thrown in boiling hot water every single day? either way they are dead lobsters. rob: a tombstone for dead lobsters. peta's latest idea may leave you

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jillian: a boy's body found overnight one year after his brutal murder by ms 13 gang members. the unidentified teen discovered in a shallow grave on long island, police arrested a suspect in the case but it is unclear if he is part of the gangs. 5 ms 13 gang members are in custody. rob: a mexican man deported four times is behind bars, the judge sentencing hernandez to more than 6 years in prison for repeatedly entering the us illegally. he says a lengthy rap sheet on aggravated assault, domestic abuse. jillian: sanctuary state california issued a get out of

jail free card to thousands of suspects becoming the first state to illuminate bail for nonviolent offenders. rob: the bill faced serious backlash from critics who say releasing potential criminals on the streets creates a safety issue for their community. jillian: joining the is the vice chair of the california republican party, thank you for your time this morning. is this going to work? >> know. it is criticized by both the left and the right. the public safety point of view, people left out as early as 12 hours after being arrested with no real assurances on the part of the state that they will come back for their court date. the civil rights community is saying the state is going to be using an algorithm found to be racially biased as well as allowing judges vastly expanded discretion on the more serious crimes. you could have 4 people ending up in prison or in jail waiting for their trial as a result of this.

rob: the aclu has issues which is surprising. it is interesting idea because the scare tactics are there for a lot of people, if you are brought in for anything serious you have no shot of getting out before you see a judge. >> this is problematic because the united states constitution and the california constitution guarantees the right to bail. civil rights groups are blowing the lid on this. in other states when they tried this, it is disastrous for public safety, new mexico in new jersey experiment with this and a spike in crime, repeat players and not any evidence of alleviating crowding in the prison as well. >> people who might not be up to speed on this, some details on

this law starting with suspects gauged under a risk assessment system the details of which have not been released yet. suspects arrested for nonviolent misdemeanors let go within 12 hours of being booked, suspects charged with series of violent felonies will be eligible. officials have 24 hours to determine if a suspect is qualified for release, taking effect in october 2019. what is your biggest concern? >> 2019 is the deadline but a lot of communities, san francisco is doing this. the biggest concern is public safety which is impacted by the fact that we have 3 million illegal aliens in this state. to the extent that folks who are arrested for crimes, what is the assurance on the part of the public they will be arrested or come back to their court date as opposed to the next county. that is a huge problem. in terms of crowding the prisons if you are arrested for a

serious crime which could happen to any of us it is unconstitutional to deny the right to bail. we will see lawsuits from both sides likely and the bail communities put a referendum on the ballot starting today, gathering signatures the next 90 days on the ballot. >> in california governor's race coming up, candidate in gavin do some who used to run san francisco, he wants to give everybody free healthcare including illegal immigrants. >> i'm not naïve about it, fully implemented, in regards to immigration status, san francisco has undocumented residents, we proved it can be done and i would like to see us extend that.

rob: jerry brown got finances in order, you got rid a lot of the debt. this would be a tremendously expensive plan. >> gavin do some is no longer in san francisco, he left a mess behind. we have universal healthcare in a way for illegal aliens all over the country going to the emergency room and getting free care. the idea this is cost free is ludicrous but it will make california more of a magnet for illegal aliens and there is simply no math behind gavin newsom's proposal to pay for this. yet again he is a pie in the sky politician in california and i don't think this is a great campaign tactic but no way this is going to be passed into law. 18 minutes after the hour, gripping sales, how dick's sporting-goods gun ban might be backfiring.

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2008 campaign. rob: you would think they think rodeo road is rodeo drive. i honestly, you might be right for me to be rodeo as well. jillian: doesn't matter anymore. rob: dick's sporting-goods seeing sales slip. jillian: tracy carrasco from foxbusiness here with how their gun ban may be backfiring. >> reporter: dick's sporting-goods had a tougher than expected last quarter seeing sales slip by 4%. they blame that decision partly on their own decision to pull back, they banned assault rifles and the sale of high-capacity magazines and the sale of any guns to under the age of 21. they knew this could happen and they are seeing this as a result in their sales.

the other issue, under armour recently switched its focus from the large-scale retailers to the mid-level department stores so they are seeing sales slip. >> having a great week so far. he just signed a new contract, a 4-year contract extension to become the highest-paid nfl player so the deal is worth $134 million with maximum earning potential of $180 million. that works out to a yearly average of $33.5 million so he is guaranteed $103 million. not bad. rob: if you have $134 million. that is a lot of money. we all know how it works, 24

after the hour. the 1993 world trade center bomber is suing the us. he says his food does not cater to his islamic beliefs. jillian: our next guest lost his cousin and father in terrorist attacks, he is setting the convicted jihadist rate, wedding about the rights he took away from his victims? ♪ away, i could tell his priorities were a little unorthodox. -keep going. stop. a little bit down. stop. back up again. is this adequate sunlight for a komodo dragon? -yeah. -sure, i want that discount on car insurance just for owning a home, but i'm not compromising. -you're taking a shower? -water pressure's crucial, scott! it's like they say -- location, location, koi pond. -they don't say that. ♪ ♪ they're the moderne locatstone age family. ♪pond. ♪ from the town of bedrock.

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>> donald trump taking cnn to task over the infamous trump tower meeting, the president tweeting cnn is being torn apart from within based on being caught in a major lie and refusing to admit the mistake. carl bernstein who lives in the past and think like a generator it for making up story after

story is being laughed at all over the country, fake news, the network claims the president's former lawyer michael cohen had information then candidate trump new, donald trump junior met with russian lawyer to get information on hillary clinton. he admitted to being the anonymous source and backpedaled my cnn stands by its story. rob: the author of the anti-trump dossier reportedly has ties to and even worked for a russian oligarch, the reporting christopher steele said up a meeting between bruce ohr and the russian oligarch billionaire. his wife worked for a fusion gps which held christopher steele create the dossier. this is justification by the doj to conduct surveillance of the x trump campaign advisor. lindsey graham opening up about a phone call with donald trump after the senate delivered a touching tribute to his close friend john mccain.

>> he called yesterday and said that was very sad. you did right, i said thank you. >> reporter: the president called you? >> you see that. rob: a sad and touching moment, south carolina senator holding back tears, honoring john mccain on the senate floor. he will speak at the memorial service at the washington national cathedral and his burial on sunday at the naval academy in annapolis maryland. jillian: a police officer rushes to the rescue when a boat sizes. to dramatic moments caught on body camera. >> i want to get everybody on the boat. >> reporter: the officer pulling 3 brothers out of the water into the boat off miami beach. police think they were stranded in the water for about an hour.

no word why the boat flipped over. rob: convicted in 1993 world trade center bombing, now suing the united states. jillian: he says his religious rights are being violated in prison because his meals aren't catered to his islamic beliefs and he has not been given a muslim prayer leader. rob: the man who lost his father to a terrorist attack in new york in 1975 and lost his cousin on 9/11 joins us now. thank you for coming in this morning. i can imagine after what you have been through stories like this drive you crazy. >> we are not giving his religious rights, what about the people murdered that day, what about the people they plan to kill. 1200 pounds of nitrates, they expect to knock one into another and kill 100,000 people. that was their goal.

the fact they failed and only killed 6 people, for the people who get killed, it is no less a tragedy than the thousands of this guy wanted to kill 100,000 or more americans because of our religion, jew, christian or whatever and now he expects us to cater -- enough. let's fight it like a war. >> what would you say to him? >> i would say tough. you have been treated as fairly as a human being can be treated for what you did. if the tide was turned and an american was caught by al qaeda he would have been beheaded. i was at guantánamo bay and i see how well they are treated given what they have done.

he is an enemy combatant at a time we didn't recognize enemy combatants. rob: interesting part of this, the lawyer says listening to somebody speak about views contrary to his own violates his rights in prison. he wants his own imam in prison. if you are a radical muslim that is not a normal muslim. is he requesting a radical cleric? >> he sounds like a radical. >> to come back and say what he wants to say. >> in a college campus, he is a snowflake muslim i guess. he should only hear what he wants to hear. it is a disgrace, a joke. jillian: all these years later,

you have situations where you are drawn to those moments. >> last night my wife and i went out for ice cream and ran into my cousin jean whose brother was killed on 9/11 and talk about this all the time. we are doing well. i wrote a book called shattered lives, trying to get closure and as a family we have done the best we can do. we don't well on things, we have our own lives but we never forget and try to have justice. >> your father, killed in a terror attack in 1975, a bombing by a group looking for puerto rican independence from the country and president obama commuted the sentence. a member of that group. >> they offered clemency to the whole group in 1999. they accepted it.

oscar lopez, and a leader of the group. pictures outside -- if you are a member of the conspiracy, usama bin laden didn't fly the planes but he was responsible for it. we have to fight this as a war, against terrorists, that is a tactic, against these terrorists, and whether you are islamic or puerto rican terrorists. >> take a look at a stunning photo. a huge lightning bolt illuminating the morning sky and lake michigan. that picture is going viral. jillian: janice dean live with the forecast.

>> reporter: it was taken on a cell phone. it is not often you see lightning bolts on the ocean on the water. let's look at the temperatures, a cold front is coming. 57 in minneapolis, 63 in chicago, 81 in new york, things will cool off in the next 24 hours. your heat relief by friday, won't be crazy cold but we will feel the difference in the northeast. watching potential for showers and thunderstorms on the gulf coast as well as the southeast and plains states and ohio valley and across the west we are not getting moisture, firefighters battling wildfires, category 3 hurricane, hurricane norman, potentially could come close to hawaii. next week, we could see

something in the atlantic, folks on the east coast and the gulf coast need to be on alert. >> on the active in the pacific. >> this is the time of year we see a lot of activity in the pacific, don't see a lot in the atlantic but that could switch next week. it is 37 after the hour. duck duck goose considered inappropriate. this is sparking outrage. >> my opponent lives in the world of fiction. i live in the world affect. can you stop interrupting? >> can you stop lying? >> sparks flying on the debate stays between andrew cuomo and actress turned politician cynthia nixon and carly shimkus has highlights from the heated primary debate. way ♪ copd tries to say, "go this way." i say, "i'll go my own way, with anoro."

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rob: a 60 minute slugfest, hot temperatures outside not the only thing he did in new york, andrew cuomo and cynthia nixon going head to head in their first and only primary debate. >> access to drivers licenses to undocumented new yorkers. >> my opponent lives in the world of fiction, i live in the world affect. can you stop interrupting? new york state is the state, they are a bunch of thugs. >> the big debate in new york last lay things got heated with a few high profile candidates with the subway system. hot button issues like illegal immigration and single-payer healthcare. both candidates trying to out liberal each other. governor cuomo bragged about his feud with the president that ultimately said he himself would not run for president in 2020.

a bunch of reaction on social media. some thought it was a mess, others thought it was a productive debate. when twitter user says new york deserves better than either of these candidates and another person suggests play nice in the sandbox, kids, not happening in the world of politics we live in today. rob: you could tell by the look in her face the disdain she has. google maps jumping the gun on something we know could happen anyway. >> a discussion on capitol hill to rename the russell senate office building after the late great senator john mccain. senator chuck schumer proposed the bill saying i circulate a letter asking all our colleagues to join us in a resolution to rename the russell building the mccain building. no decision has been made yet but for a few hours yesterday

google maps in the russell building the mccain senate office building. google spokesperson suggested the change was prompted by user suggestions. i share the mccain family appreciates that. jillian: an interesting situation in north carolina. >> reporter: postal workers have a rough. they have to battle the element, barking dogs but this may be a first was a woman in north carolina revealed why she didn't get her package on time. the reason, bear in driveway. she thought it was so funny she posted it on social media, thousands agreed. got to get back in your car and hightail it out of there. you would have delivered the package? rob: know. that is why couldn't come to work last week, there was a bear on sixth avenue. >> reporter: that is worse than the dog ate my homework.

jillian: san francisco once safe space for drug addicts to shoot up. is a good idea? a recovering drug addict, doctor, and law enforcement officer on deck to weigh in on this topic. rob: it's check in with ed henry with what is coming up on "fox and friends". >> reporter: a lot of people coming in. sarah carter, nelly is next in line to be grilled by congress, that will get interesting. tom home and react to andrew cuomo calling ice a bunch of thugs during the heated debate. a new war is brewing between the president and cnn over its refusal to retract a story about the trump tower meeting. ari fleischer is here to weigh in. conservatives fighting back against social media bias. what is going on with aaron rogerson and julie? >> nothing!

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>> take care of your own problems, responding to outrage over physical education guidelines and documents posted two years ago and just resurfaced online suggesting students not play games like tag, duck duck goose and dodgeball. i love dodgeball. it was taken off-line. the superintendent of schools statewide, quote, the directive which games you can or cannot play.

peta wants to honor dead lobsters with a giant tombstone. the animal activists requesting the state of maine build this 5 foot monument after several lobsters were killed when a semi-tractor trailer overturned. some locals think this is too much. >> we don't even put monuments of for people who die. what is the difference between them falling on the road and dying or being thrown in boiling hot water and we eat them every single day? either way they are dead lobsters. rob: an interesting story. jillian: liberals in california decided to combat the drug and homeless crisis by funding safe injection sites creating a safe space for drug users. is this the solution california needs. joining his former drug addict andrew mckenna and medical correspondent doctor mark siegel and nashville police officer vincent hill.

thank you for joining us. let's start with you. explain what you have been through. >> i was an attorney, i worked for the justice department, became addicted to painkillers after an injury with the marine corps, left the justice department, went to private practice, continued with painkillers, couldn't get them anymore. went through a bad custody divorce battle and turned to street drugs. >> reporter: what you think of these safe injection sites? >> it didn't hit me right. the journalist friend of mine -- the more i think about it, doctor siegel supports this as well. it give somebody the chance to be safe, it will cut down on overdoses, it is not going to

increase use. it gives people a chance at recovery. the company i work with, you give the treatment every day. an opportunity to get better. jillian: a lot of people -- doctor mark siegel, the other side, drug use is okay. >> you watch out for centers, selling drugs on the outside of them, who is running these things. you have proper counselors, what andrew was talking about was well shown medically by the centers for disease control meaning if you inject drugs, you share needles, i have taken care of so many drug abusers. they got them from someone else,

it is what caused the aids epidemic, this exact problem. if you have clear needles, steroid needles and are supervised and spread diseases, hepatitis, the kind of thing you report on. and with antidotes we got right away. it cuts down the risk from overdose. jillian: let's talk about the impact this could have on the streets. what can this do for crime? if you don't have a lot of drug users on the streets with the injection sites, do you see this as a positive or negative? >> i was stationed in the bay area in the 90s, if you go there there are needles everywhere.

it could keep the streets clean but keep in mind opiate use is illegal. to me as a former law enforcement officer this says we are giving someone the opportunity to break the law and get away with it in the same place. the alternative should be trying to get people off of drugs. no coincidence that the trump administration has targeted this opiate epidemic because it is huge. we need to get people off of drugs versus saying come here to use these drugs. i don't want to take anything away from what andrew, as a veteran myself, thank you for your service, we need to come back a different way than come here to have a safe place. jillian: thank you for your service. >> i agree completely except for the fact that we are in the midst of an epidemic and people are not going to stop using drugs. the goal is to give them a safe place to use, it is not inviting them.

in terms of as the doctor was saying, we are saving lives and more importantly we have to get people off of drugs and with addiction campuses and the work i do in the work the doctor does and the work you do our goal is to get people treatment and get them better. they have to have the opportunity to use in a crackhouse or rally or somewhere or a place where they can have the opportunity to not overdose. jillian: we got to run. >> vincent's point, let's connect to rehab services. if you have these places, great counselors working there for rehab. jillian: thank you all for your time this morning, appreciate it. 6 minutes until the top of the hour. if you thought you had a bad day at work check this out. why asking an employee to do something after hours ended like this.

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and the ugly. instead of building baker arrest racks they 3-d printed them. something never done before. normally take marines 10 days five days to build barracks out of wood. rob: that's crazy. a brawl breaks out waffle house workers over doing the dishes. [shouting] rob: i don't like doing dishes either. started when an employee asked another to do the dishes when she was of 00 clock. it's not clear if anybody got fired u. jillian: finally the ugly remember when joey war all clotsd on friends. >> here it is buddy boy, here it is. you hide my clothes. i'm wearing everything you own. jillian: iconic scene reminding people of this jacket. seven coats layered on top of each other one is not enough. it cost $9,000.

rob: 1200 a coat. not a bad deal. jillian: only 1200 a coat? okay. rob: ridiculous. jillian: thanks for watching. "fox & friends" starts right now. see you later. >> three of the muslim extremists accused of training kids in mexico compound are now three. >> the individuals three of the five of the come powngsd are very dangerous and at this moment they have the maximum incentive to try to flee. >> debate turned out to be feisty with both candidates talking over each other. >> the opponent lives in the world of fiction i live in the world of fact. can you stop interrupting? can you stop interrupting? >> can you stop lying? >> she wants t he want to be the greatest president and he knows he can't be the greatest president without being accepted in the black community. but we're going to have to speak to him. >>