>> good morning, it is monday september 13th, this is "fox & friends first", happening at 4:00 a.m., fox news alert, chaos at california racetrack. >> okay, there's gunfire at the track, there's gunfire at the track, there's gunfire. rob: gunman opening fire on live television, it could be heard, the breaking details we just learned overnight. jillian: brett kavanaugh may not be getting enough rest on labor facing what's a grueling day tomorrow. rob: last ditch effort to derail confirmation to the supreme court. firing back at the first man

film. jillian: epic response from former astronaut that would make you proud to be an american, "fox & friends first" starts right now. ♪ ♪ jillian: good morning, if you're awake on 4:00 o'clock on the east coast on labor day because you are laboring today, we feel you, we get you through it. rob: i think we might be alone. jillian: no. no, that's not true, if you're awake with us, let us know, tweet us, good morning, you're watching "fox & friends first". rob: we will wait for the first tweets. jillian: i'm jillian mele. rob: i'm rob schmitt, in for

heather childers, thanks for waking with us or being awake, a man shot at racetrack, all caught on camera. to-- rob: announcer calling the race panicking after hearing gunshots. >> there's gunfire at the track, there's gunfire at the track, there's -- jillian: police say the suspect was upset that ice cube concert was sold out and pulled out gun, the condition is unknown, no one else is hurt. also breaking overnight, another gunman opening fire outside of concert in alabama, 6 people shot after fight broke out at music venue in berm ham, some just teenagers, one of them suffering life-threatening injuries, most of those hurt

weren't even involved in the fight, no arrests have been made. rob: chicago labor day weekend is off to bloody start, at least 14 injured in shooting since friday afternoon, last year on the same weekend, 7 people were killed over the holiday weekend, the violence coming despite an extra 1400 police officers on patrol on that city, the police department plans to ahire additional 300 homicide detectives by the end of the year. jillian: president trump's supreme court taking center this week. rob: judge kavanaugh taking senate. jillian: gillian turner tracking in washington. >> good morning, laws, lawmakers always hit supreme court nominees with tough questions, but judge kavanaugh's tuesday kickoff expected to be especially grueling at some

democrats acutely aware this could be, the numbers look good for kavanaugh, 51 seat majority and insiders are predicting at least a culpable red state dems will cross over and support behind him. he's expecting major grand standing for those eyes 2021 presidential. >> those running for president, how will they handle the hearing on the democratic side, we will get this good man confirmed. gillian: judge kavanaugh spent weekend as boards where close aides grilled him on topics likely to surface tuesday. a decision they announced friday. >> the first time in history this denial of access to

documents violates a rule that we thought was tradition of the senate. if we are lucky, we will see 6% of all of the documents that could be produced to reflect on kavanaugh's true position on issues. >> republicans are focused on getting judge kavanaugh through and time for him to join the bench for the next supreme court term kicks off october 1st, rob and tbillian. jillian: all right, gillian, time is ticking, thank you. rob: many democrats creating hysteria over brett kavanaugh's stance on roe v. wade and whether or not he would repeal. jillian: dan sullivan has response that refusal to respond makes him more qualified. >> i think he would make a great justice on the supreme court. he's been outstanding federal

court of appeals. a person with humility which is rare in this town. with regard to roe v. wade but i didn't get into the details about asking about that, this isn't just judge kavanaugh, justice begins bigger famously said i'm not going to predict what may or may not come before the court because that would be prejudging and that's not the role of a judge. jillian: without vote of late john mccain, the republicans can't afford toless a vote. rob: lawmakers will question coo cheryl sandburg and jack dorsey about election meddling.

utah senator orrin hatch is asking for investigation of google's dominance. jillian: voters in massachusetts will decide incumbent charlie baker and scott, republican primary for governor, in the left, gonzález and trio for nominations to unseat liberal ally beth warren this fall. trump bump will face ultimate test and tammy bruce democrats will keep if they stick to the economy. >> participants have to make sure everybody in conversations understand what's really going on because we lost the future

not so long ago. we have to overcome the negligent they've the legacy media and liberals want to push and i think we can do and americans want it. i predict they will support house and senate. rob: senator lay today rest in maryland. jillian: more on final journey. >> week-long farewell a man revered decades for public service. >> john mccain has been left to rest, ending where it began at the u.s. naval academy in annepolis followed ceremony with fellow senator lindsey graham and retired general david

potreus. no better resting place than alma mater. home-made signs showed gratitude to people say was embodiment of different areas, one that values civility and humility. >> everybody makes mistake, those who admit it are seen by the public as bigger and not smaller. from a public viewing at the arizona capitol to lying in state on capitol hill and sunday funeral service at washington cathedral. >> the old man shook off scars of battle and arose to pilot one last flight up and up and up. >> john mccain's body will lie next to long-time friend chuck larson, the odd couple.

larson's wife said recently, chuck has his wing man back. fox news. >> 9 minutes after the hour, supreme court pick begin tomorrow as many democrats try to block brett kavanaugh an attorney says he's as fair and balance as they come and we will have that next. >> there's so many things to see and discover. jillian: can you spot the difference about what's different? you know, rob? rob: i don't know. jillian: come on. we have been talking for a while and it just happened that the makeover that everyone's favorite tank engine just got, we will tell you rob because apparently he doesn't know, still to come

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jillian: controversy surrounding judge brett kavanaugh's hearing reaching a fever pitch one day before he's said to face the senate. rob: lindsey graham defending. >> there's no drama, the only drama is those running for president how will they handle the hearing on the democratic side, you know, we we will get s good man confirmed. jillian: former clerk for judge kavanaugh, thank you for your time this morning. do you see any reason why he should not be nominated? >> well, i'm thrilled that he was nominated and i'm thrilled he will have a chance to talk to the american people and talk to the senate about why he's going to be a great supreme court justice. i clerked for judge kavanaugh about 10 years ago, i've known him for almost 10 years and he's got the character, he has the integrity and the fairness to be a great judge.

jillian: by nominated i mean confirmed. [laughter] it's early. rob: and also labor day, two big concerns the democrats seem to have here, one is comments that kavanaugh has made regarding the possibility of indicting a sitting president, i believe, and also roe versus wade, let's start with row -- roe versus wade, susan colins said considers settled law but democrats there's a chance that he would try to move and repeal it. what do you think? >> obviously row versus wade is sensitive issue and i can see why a lot of people are passionate about it. i can tell you how h will rule in any particular case, that's the kind of thing he wouldn't talk to me about and he's going to take case by case as they come. what i can tell you what he said to senator collins exactly what he said to a lot of people, roe versus wade is settled law and

it's entitled to full effect as precedent as precedent of the court and judge kavanaugh believes very strongly in precedent and applied precedent in dc circuit. jillian: democrats want more documents to be released. what do you think they're hoping to find in documents that they want to see? >> well, i think the problem is that they've seen, i think, over 400,000 documents already and they haven't been able to find anything that's a problem or reason he shouldn't be confirmed. the reality here is judge kavanaugh is open book already. the public record is full of thousands of pages of that he's written as judge, he's written over 300 opinions on dc circuit and anyone who is really interested in judicial philosophy, views on the constitution, they can look right there, any law library and pull volumes off the shelf and all be layed out there what he thinks about the constitution and the law.

rob: the other side will say there's still thousands of pages that they haven't seen. >> well, you know, i'm not an expert on the documents. my understanding that the documents that have been held back have been held back because of executive privilege and every president has right to invoke in appropriate circumstances, i can tell you that as part of this confirmation process, more documents have been provided, more documents have been publicly released and for any nominee in history, like i said, judge kavanaugh unlike other nominees has long judicial record and so everything you need to know about judge kavanaugh's record is layed out there in opinions, he's written 9 law review articles, he's written 910-page book on law of precedent with distinguished federal judges, there's really so much out there in the public record already. people should be able to look at that and make up minds. jillian: omar martínez thank you for your insight this morning.

one of the teens rescued from the new mexico compound just revealed to investigators what was really going on and it's terrifying, we will tell you about it. rob: burn pit exposure the new agent orange of our time? thousands of veterans facing serious health issues, lea gabrielle sat down with retired attorney general and many claims denied. rob: when lea joins us live coming up next. jillian: good morning. this isn't just any moving day.

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rob: welcome back, labor day could be washout in south florida, storm set to pound florida with gusty winds, expect today strengthen in gulf of mexico and cancel or delay flights, there you see the map. rob: desperate search underway for four people after heroic boat crash, dive teams looking to recover victims from colorado river, they have not been seen since two boats collided in the water bordering california and arizona on saturday. 16 people were on board and at least two are in critical condition, none of the boaters were wearing life vests, the crash cause is unknown. rob: thousands of veterans facing serious health issues blamed on what's called agent orange. jillian: 50,000 veterans are joining against crisis and sick are tired of ca to act.

rob: lea gabrielle sat down with exclusive interview with retired general david petraeus. >> good morning to both of you, general dedicated years of his wife to wars of iraq and afghanistan, led 101st airborne and return today lead the surge as commander as multinational force in iraq and took over u.s. central command and my sit-down with him, general recalls what the troops were dealing with while deployed in the wars and what it was like seeing burn pits firsthand among the manage, many challenges he faced at the time, take a listen. in 2007 general david potreus took command of coalition forces in iraq, to defeat the enemy he laujed robust campaign but there was another threat, exposure to burn pits. >> at that time we weren't word

about burn pits, we were worried about getting enough water to troops in really hot summer and looking forward to the time where we might catch some real food. >> the general also recalls how burn pits were used on military basis to crudely incinerate everything from trash to medical waste and early in the war even human waste. >> as you and i were use toddies pose chemical solvents, human waste, medical waste, all kinds of things were thrown into these, it sounds that you were very aware of this while in command an was something that had to be done. >> well, it was something that had to be done for a long period of time but at certain point it set in perhaps there's a better way of doing it and a number of this surfaced issues, they were brought in some cases and they were even problems just getting to work. >> i know that you're aware of the huge number of veterans that after being exposed to burn pits

became sick, many claims denied by the va, a lot of them said the same thing, they don't regret the service they did for our country but now they feel like they're being abandoned by the government so what should be done to address these veterans' concerns now? >> well, we should meet obligations to veterans and this and many other cases. issues of trying to determine with zoom degree of scientific rigor, was there, effect because of the exposure from the smoke of burn pits, if so begin what are the symptoms of that, what can we do now to mitigate the risks of what could transpire from this. >> well, general petroeus has thrown support, in july sent letter to congress urging them to back burn pit, he write, quote, i know that you share the sense of obligation that virtually all americans have to

those who have stepped forward during time of war, something he's concerned about, growing issue that we need to be aware. >> it's frightened and sad and that a lot of veterans want answers and they're not getting them and in a time they would like anyway. >> they do, when someone raises their hand in time of war and volunteers to serve the country, there's expectation that the promise if you get injured, if you get ill, we will take care of you and that's what they need right now. rob: i could see the president getting behind this too, seems like something he would support. >> 26 minutes after the hour, new report details doj effort to dig up dirt on trump that debate coming your way next. rob: lawmakers in california one step rolling back when school starts trying to let kids sleep in, is this a good idea or not, stay tune. jillian: i would sleep in.

jillian: good morning to you and welcome back, teen rescued from muslim compound was being train today commit jihad. rob: alicia acuña live in los angeles with more on stunning revelations as the suspects prepare to face a judge, good morning, alicia. >> good morning, rob, good morning, jillian, that 13-year-old boy tells investigators one of the suspects on the new mexico compound was grooming him to carry out attacks on nonbelievers, 40-year-old we wanted to create an army out of the 11 kids living on the filthy site teaching them to carry out mass shootings, the father of a 3-year-old boy found dead in a tunnel there. the teen says taught him and his brother hand to hand combat and how to quickly reload guns, 4

other suspects remain in custody after the fbi hit them with firearms and conspiracy charges friday. this all began when the 3-year-old disappearance led investigators to raid the compound last month. boy's body was found on the compound just days later and investigators believe he died in exorcism ritual, sparking outage, child neglect charges were dropped over missed deadline by prosecutors, days later 5 suspects were charged with conspiracy charges, they face the charges in court tomorrow. as for the child neglect, the local district attorney will seek grand jury indicts, attorneys for the suspects say they are being discriminated against because they are black

and muslim. >> alicia, thank you very much. burning priceless artifacts, at least 20 million historical items are held in museum in río de janeiro according to brazil's president the losses are too great to be counted rite now. authorities don't think anyone was hurt. it's unclear how the fire started. ms13 gang member is killed after exposed as a police informant, carlos benitez hernández for charging body, benitez hernández is in the u.s. illegally and out on parole at the time of the murder, he has pleaded not guilty. israel is praising the u.s. for cutting funding for palestinian refugees, prime minister benjamin netanyahu supporting decision to suspend $350 million to the united nations relief and aid agency, the u.s. says it's

no longer willing to shoulder a disproportionate cost, suspending $300 million in military aid to pakistan for not doing enough to root outer risks, secretary of state mike pompeo will visit pakistan on wednesday. president trump praising tiger woods after the golf legend defended him during interview. >> he's the president of the united states and you to respect the office and no matter who is in the office, you may like, dislike, personality or the politics, but we must all respect office. jillian: showed class, now they say the so-called left is angry at him. the fact is that african-un-american unemployment is the lowest in the history of our country, the democrats have been all talk and no action, my

administration has already produced like no other and everyone sees it, rob. rob: all right, new report in new york times revealing the details of the doj's efforts under president obama to dig up dirt on president trump by working with a russian aligarch in 2016 election, the key players in that effort bruce ohr and christopher steele, familiar names at this point. interesting headline, collusion with the russians by the trump campaign from two years ago, so many allegations of that. joining me now debate this independent women's forum patrice and democratic strategists robin byon. thanks for coming on this labor day. >> good morning. >> good morning. rob: i guess my question would

be, everybody talks about collusion with the russians, here is the democratic party funding dossier that used russian information to dig up dirt on the president and now you have this, what's your response? >> i thought the article was very interesting in that we are seeing the dirty side of counterintelligence, right, you know, the u.s. government trying to flip an oligarch but at the end of the day the original question was there collusion between the trump campaign and russian government and that has not been demonstrated, there's no evidence so far and the very person they are trying to flip, he called preposterous that paul manafort and the trump campaign was working with them and investigators were not willing to sit down and talk to him further about it so that tells you a little bit about the motivations behind some of the government officials who were trying to find some sort of evidence of collusion. rob: right, robin, your

response. you know, i don't like that it happened when it happened, but i think that they were trying to protect in good faith the democratic process, the election, that's important, i'm glad they were doing that, two very different things between allegations of donald trump colluding with the russians to swing an election and trying to get evidence of a so personal i need more information but personally i have my concerns. rob: the irony is about russian collusion , if i can talk this morning, the dossier that's funded by democrats which is using information from people in russia and they've talking about things like the president with proinstitutes and things that have.

>> -- things that are solicitous things. isn't that the same thing, if he's meeting with russians trying to get dirt on hillary clinton, i don't see the difference i guess is the point. >> yeah, yeah, parts of the dossier that rang true but there were parts that were ridiculous and very solicitous and there's no way to be able to prove those, you know, and as as far as what we know from the fbi, the fbi never gives us information on what information or evidence they've got, we just don't know yet but the whole steele dossier wreaks something wrong with never and i'm just calling a spade a spade. rob: that's interesting, patrice over to you, does this show, i guess, somebody is probably a bit insecure at this point, either somebody close to christopher steele or bruce ohr likely leaked the story out that they were trying to make it look better, working with this

russian oligarch and does this show something they are trying to cover up or prove themselves? >> maybe, let's in the forget that we heard about the story maybe a couple of months, maybe back in april when we were learning how much the doj was relying on russian oligarchs to try to get information, the new york times is coming out with the whole long piece is really trying to be damaging to the -- to the trump campaign or maybe trump administration in general but this is really not new information when you think about, go back a couple of months, what is new here is just the idea of just how high up in the fbi this entire situation went and -- and the fact that they continue to rely on the tactics, i'm not saying that, you know, trying to flip bad guys is a bad thing. maybe there's a way to get pertinent information but suggest that there's some sort of evidence or smoking gun of

collusion it's still not there and you see legacy media outlets like the new "the new york timeg to run with the story because we haven't seen anything like smoking gun. rob: robin, last word. >> i hope it comes swiftly and i don't want it to have any effect on the midterm elections because that would be unfair to americans. rob yeah, we will see if it does, we appreciate your time this morning. >> thank you. >> thank you. jillian: fox news alert, another deadly labor day in chicago for the second year in a row and it's not over yet, the new numbers from the windy city. rob: and participants less willing to pay for college so is it too expensive or are they not seeing the value that it once had, our financial expert that participants are more realistic about the costs, she's live next to get the best bang for your buck, stay tune.

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willrob: baccalaureate to fox ns alert, todd pro as americans threat to shut down one of busiest airports. >> among the dead a man shot in the sidewalk, a man shot in the neck and a woman shot in the back at least 14 people and 7 people killed over labor day weekend alone, 1400 officers on patrol this weekend, people in chicago now saying enough is enough, protestors wanting to shut down a major expressway near chicago's o'hare airport today, the second busiest

airport in the nation. will shed light on the violence. >> we march for folks who can't march for themselves, we march for the thousands in chicago who have been shot. >> activist doubts it'll all make a difference. >> i believe at this point we just begin, people who will empathize with the social issue and want to get involved, now you run them off. >> authorities say they would not allow protestors interrupt traffic today but they did not say how and the concerning things is we have this labor day, what's going to happen a year from now, jillian. >> thank you very much, todd. new study shows dramatic increase in parents willing to cuff up cash for college tuition, is this reaction to rising cost or decreasing value

of college degree, joining us to discuss financial analyst, thank you for joining us this morning. >> thanks for having me. jillian: what do you think it is? >> combination of both things you said. first of all, parents aren't really spending, putting a lot in 529 savings accounts that everyone was talking about many years, the average amount that they are putting away is around $5,000 so parents -- jillian: it's not enough, though. >> parents who are paying for college is 62% versus 70% of last year so the rate of savings is down but also i don't think parents feel that they are getting the value of that amount of money so the average cost of in-state tuition is around $20,000. jillian: right, let's put up the price tags to 4-year colleges, in 2017 and 2018, more than $20,000 for public and state, little more than 36,000 for public out of state and you're getting close to 50,000 there

for private nonprofit. >> so you look at the numbers and you think about what people are choosing as majors, you know, i majored in philosophy, ask me how many times ii talk about critic of pure reason on daily basis. jillian: on the other side i majored in communication i use that a lot. i had journalism classes, tv production classes, things that helped benefit my career so that argument can go both ways. >> what's a good point when you're talking to your kids about saving and as they are getting older, you want to talk to them about how you are saving and they are going to save for ledge, i think the average teen right now has about $5,000 put away for college, but also things that are specifically to their interest, so you knew you wanted to go into communications, i didn't think that i was going to become a philosophy professor but having the conversation with my parents probably would have made all the difference. >> right, right. so let's take a lock here --

numbers for parents less likely to pay college, 43% in 2017 and 29% in 2018. there's affordable college, vocational school, joining the military and community college. >> you talk about how you had a specific measure, vocational schools, you can go ahead and specify in being dental tech or, you know, being a web designer, i think the average salary for dental tech is 68,000, if you're in the military, active participant in service and you have the gi bill and there's community college as well. that's a 2-year program in some state ifs you qualify that tuition maybe discounted or for free, so that's also an option. jillian: whatever the option is it can come with a price tag.

appreciate it. let's go ahead right now and still to come on the show, controversy over the movie first man hitting fever pitch after key historical detail is left out, the american flag, how the second man to ever walk on the moon is firing back. lawmakers in california one step close the other rolling back when school starts to let kids sleep in. is that a good idea (woman) learned to play an instrument.

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jillian: good morning, welcome back, takes swipe at new movie first man, commenting on the director's decision to not show planting of the american flag during moon landing. >> we have serious problems.

>> 88-year-old tweeting two photos of the flag on the moon with the #proud to be an american. second man to walk on the moon after neil armstrong, ryan goesling plays armstrong in first man, the canadian actor defends omitting the flag, a moment that transcends borders. rob: all right, thomas the tank engine is is relaunching as gender-balance series. >> good eye. >> there's so many things to see and discover. >> ready? set go. rob: kids will be introduce today several new multicultural characters in the movie, thomas&friends big world adventures, featured in new series which is collaboration with the united nations show creators say that the changes would make it more inclusive. jillian: so do you hate getting up early for school?

, get up. >> mom and dad have been calling for an hour. you'll be late for first day of middle school. >> what? oh jeez. jillian: students in california may soon be able to sleep in even on school days, lawmakers vote to go block middle and high school students from starting before 8:30 a.m. rob: right now nearly 80% of schools start before 8:30, schools have 2 years to change schedule, supporters say that would keep students healthier. jillian: anchors and doctors. rob: would keep us out of a job. jillian: that's true. rob: friendly deer going viral. spotted cozying up to firefighter. embracing the animal with sort of a hug, she says that the deer often wanders near a lake in canada and seems lonely, the deer seen sneaking peek inside

after he saw firefighters going below. jillian: sending deodorant flying, north of austin, texas holding traffic up for 8 hours. rob: i don't know. all right, finally the ugly, another story that stinks, suspected burglar stuck in manure, robbed farm and couldn't get the get away. jillian: there it is. a visual of this would be great. rob: found on the side of the road the truck covered in manure, he was found covered in manure with no shoes on. the cruiser still stinks from having him inside of the mud. jillian: 5:00 a.m., a suspected violent ms-13 gang member just

brutally attacked a little girl but the left still refuses to acknowledge their savage ways. >> this is a group of -- of gang members, i can't say animals anymore because nancy pelosi got very angry when i called them animals. rob: so will some democrats defend vicious members? next hour of "fox & friends first".

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rob: monday september 3rd, brand-new inside information about what was really going on inside the new mexico compound run by muslim extremist. rob: what teenage survivor told investigators. >> brett kavanaugh might not be getting rest in labor. rob: last-ditch effort to derail confirmation to supreme court. jillian: get out the steak. rob: the reasons americans are eating pretty well this holiday, "fox & friends first" continues. ♪ ♪

♪ ♪ rob: in labor day means another day that you labor, did you know that? [laughter] jillian: i think i did. rob: you knew that. jillian: rob said that nobody was with us and we were all alone. rob: i felt very alone. jillian: we have a ton of response, thank you for those who have been with us since 4:00 a.m., good morning to you. rob: hopefully next year you can sleep in on labor a little better. you're watching "fox & friends first", i'm rob schmitt. jillian: and i'm jillian mele, battle over president trump's supreme court pick taking center stage this week. rob: brett kavanaugh facing with senate judiciary committee