heather: this is "fox and friends first". happening at 4:00 happening at 4:00 am tropical storm gordon pouring ashore to wreak havoc on the gulf coast. we are tracking its latest path. >> here are the facts. brett kavanaugh is one of the most distinguished judges. i think we are to have this loudmouth removed. shannon: democrats working overtime to turn brett cavanagh's confirmation hearing into an all-out circus. will the show go on today? live on capitol hill. a house divided, incredible video after the catastrophe

splits this home down the middle. "fox and friends first" starts now. ♪ ♪ you can't get back until you spend a lot of money ♪ everybody is talking about it ♪ heather: a little billy joel to get you rocking and rolling out of bed this morning, you are watching "fox and friends first" on wednesday morning, 4:00 am on the east coast, thank you for starting your day with us. let's talk about those fireworks on capitol hill as donald trump's supreme court nominee takes the hot seat. >> i urge you, vote this down.

heather: democrats and protesters tried to derail the hearing, griff jenkins live at the heart senate office building where there is no shortage of drama. it was unbelievable this wave of protesters that continued. >> reporter: i began my career in washington as an intern during david souter's confirmation hearings and in the many years since then i have never seen anything like what we saw yesterday, things went off the rails out of the gate. democrats demanding a delay. >> mister chairman i moved to adjourn this hearing. i asked for a roll call vote on my motion to adjourn. i ask for a rollcall vote. >> democrats were demanding more documents be produced, 100,000

pages of documents related to just -- brett cavanagh's time is personal secretary to president bush, confidential because it was during the 9/11 era. here is what chairman grassley had to say in responding to demands. >> i was criticized for my decision to receive some documents on committee confidential but i am doing what i did during justice neil gorsuch's confirmation and what chairman leahy did during alana kagan's. this is another example of treating regular committee practices as somehow out of the ordinary. >> reporter: donald trump tweeted in the afternoon brett kavanaugh's hearings for future justice of the supreme court are display of how being angry and despicable the other side is,

they will say anything and are looking to inflict pain and embarrassment to one of the most highly renowned jurists to ever appear before congress. so sad to see. after more than six hours the nominee got to speak. >> the supreme court must never be viewed as a partisan institution. justices on the supreme court do not sit on opposite sides of an aisle. they do not caucus in separate rooms. >> reporter: we will get questions and today we will get questions, look for democrats to try and grill the nominee on issues like abortion, obamacare, executive power and we hear hints of truthfulness, that the nominee may have said things in private different from what he said publicly. heather: you were there all day

yesterday into the late afternoon. what about his two little girls? that was heart wrenching they were sitting through at least the initial part of that and had to get escorted out. >> because there were so many protests, there were 70 people arrested and it was a constant shouting, disturbing to be in such an instrument sitting and then he's outbursts happen. at one point senator durbin apologized for his daughters being there and said i hope you will explain to your daughters this is how democracy works in a free nation but quite a moment to be in there and i sat through almost every hour of it because we haven't seen one like this. it is interesting because we will continue to see the same antics by democrats because right now it is not appear democrats have the votes to delay this.

shannon: all they can do is delay and make a name themselves for the 2020 election. appreciate it, we will talk more coming up. a deadly plot to kill innocent americans blows up in his face, the wannabe terrorist tried to bomb the us embassy in cairo but the device in his backpack went off. a surveillance video shows the attacker walking carrying a plastic bottle filled with flammable chemicals that exploded before he could do any harm. the 24-year-old suspect believes in extremist ideology. the 5 suspects from the new mexico extremist compound could be freed by the end of the day, all five are due back in court for a bail hearing but just hours after appearing on federal weapons charges. the fbi arresting them last week after a judge cleared three of

child abuse charges because prosecutors missed deadlines. they are accused of running a terror training camp and forcing children to live in filthy conditions. the other big story today, tropical storm gordon turning deadly as it makes and fall, the stories blamed for one child after death when a tree came crashing down on this mobile home. the storm making landfall near the alabama mississippi border bringing winds of 70 mph. the torrential rainfall some areas have seen eight inches of rain before this is done. we need janice dean who is joining us, it is expected to weaken. >> we never got to hurricane status but we are seeing the same impact we would as a minimal hurricane. we did see the store make landfall across mississippi alabama border, the threat for

heavy rain and the threat for tornadoes. throughout the afternoon as we get the storm system moving northward on the backside we could see potential for some weeks tornadoes that could do damage. rainfall 6 to 8 inches. isolated amounts of over a foot of rainfall and it moves northward it will hook up with a cold front and not only will we see heavy rain on the gulf coast with towards the midwest and great lakes. we will feel the impact of the storm for the next couple days. there is your official track, winds at 50 miles an hour. it will weaken considerably but we will see the potential for heavy rain in the forecast. if i could just mention this is a hurricane, i didn't update their, florence, category 2 storm, potentially could affect bermuda. it could potentially affect the east coast, stay with me there

and waves across the coast of africa. look what happens into the weekend, several potential hurricanes to watch in the atlantic basin. it has been a quiet season so far, into peak season we could have 3 hurricanes into the weekend. shannon: we don't need a season like last year. >> know we don't but we have to be prepared. heather: the president in the meantime firing back at claims bob woodward's new book called fear, donald trump tweeting out a con on the public questioning woodward's timing, finding he is a democratic operative, quoting members of the trump team. among the most explosive, chief of staff john kelly, in the book calling the president an idiot and comparing the white house to crazy town but kelly, one of

several staffers dismissing the book as a pack of lies saying the idea i ever called the president an idiot is not true. he always knows where i stand and he and i both know the story is total bs. press secretary sarah sanders coming out swinging, saying this book is nothing but fabricated stories, many by former disgruntled employees. when the president called woodward to complain he had not been interviewed for the book woodward explained he tried but failed to get a sitdown. we will talk about this later too. john kyle will be sworn in to replace john mccain. the former senator tapped by governor doug doocy. >> i'm accepting this appointment to fill the seat vacated by the passing of my dear friend because of my sense of duty, i putting my country first. heather: kyle committed to serving one year, has no plans to run again.

donald trump tweeting he will be an extraordinary senator representing an extraordinary state. i look forward to working with him. a primary shocker in massachusetts, this is where a far left democrat in october 10th term congressman. beating mike upon oh by double digits, change is coming. is the republican primary for senate is the winner facing elizabeth warren in november and incumbent republican governor charlie baker held off his primary challenger. just moments ago, a high-stakes talk to meet with the country of new prime minister in an effort to reset relations, just days after the us cut $300 million of military aid.

the trump administration blames pakistan for supporting the terror group has pull up. 70 years after he went missing in the korean war, the remains of a fallen american hero identified, herman faulk of new york was 22 years old when he was captured in south korea. the pentagon says he died in a prison camp in 1951. is remains were returned to the us from 1990-1994 and were identified through dna testing last month. the time, 12 minutes after the top of the hour. brett kavanaugh telling senators he will not let politics impact his judgment. does his record back this up? a former us attorney who worked alongside him up next. >> this has been the job of a lifetime but it is not a job for a lifetime. shannon: a shakeup in chicago. mayor rahm emanuel's big

announcement ahead of the major case on his legacy. ♪

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only when you book with expedia. heather: democrats doing everything they can to derail the first day of brett kavanaugh's confirmation hearing but the president's supreme court nominee standing his ground not to let politics influence his judgment. does his record back up that promise? kendall coffey, former us attorney who worked alongside brett kavanaugh joins me with his take on this. we appreciate it. you know him personally. do you think he can be nonpartisan in his decisions and backup what he promises? >> i believe he will be nonpartisan and principles. he stated yesterday he would bring the cases with an open mind, possibly the only one in the room with an open mind and i think while he has a

conservative philosophy to be sure, very aware of the supreme court's role in history as an institution and he meant what he said, he does not want it to be part of a partisan instrumentality associated with one party or the other. he emphasized too which i have not heard in many discussions that he wants to be part of a tween 9 member team, not affection of 5 justices consistently voting as a block. i think he sincerely means to work with other justices and listen to them and develop a philosophy that is best for the country. >> can i ask about him personally? when he was finally able to make a statement yesterday, to listen to him talking about his mom and his dad and his children, seems like a great guy. >> a great guy, personal

experiences, his record of integrity are impeccable. i have the privilege of working with him on a difficult case, he volunteered his time to help us representing the leon gonzalez to have our issues fairly presented to the supreme court, i got to work with him as a colleague, he was not trying to say anything about the rights of a father, but deep federal issues in the case, i got to know him and work with him. he was spectacular as a lawyer. couldn't ask for better colleague. shannon: what is going on with democrats? they know they can't do anything about his confirmation so it is just grandstanding and delaying as much as possible? >> i saw a couple future presidential candidate in the democratic party seemed to be starting their campaigns

yesterday. in terms of the campaign in front of us, will brett kavanaugh be confirmed you will see substantive questioning, you will see issues we expect to be on everybody's minds talked about directly or indirectly, gun rights, roe versus wade, the power of these negative, a number of different things, very intense questioning. as things are developing, all the senators are very realistic about what the possibilities are. maybe tried to push the hope that there will be open-minded flexibility about issues like roe versus wade. i don't believe brett kavanaugh knows how he will rule on that. there will be substantive questioning too.

heather: you like him, a democrat spoke in favor yesterday saying he should be confirmed. interesting to see how this continues, not as chaotic as it was yesterday. appreciate your insight. the time is 20 minutes after the top of the hour. the nfl joining nike in fighting back against the backlash making colin kaepernick their new protest push boy, carly shimkus is here. ♪ this isn't just any moving day.

this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today.

shannon: heather: donald from calling out nike for the terrible message it is sending with the colin kaepernick campaign and he is not the only one. carly shimkus with fox news headlines 24/7 serious xm with reaction from nike and the nfl. good to see you again. the nfl may be desperate for fans to focus on football but executive standing behind this ad, supporting it as well as players who protest saying the national football league believes in dialogue, understanding and unity, social justice issues colin kaepernick and other athletes have raised deserve our attention and action. a different response from the widow of navy seal chris kyle who slammed the ad on facebook saying colin kaepernick did not sacrifice everything as the ad

suggests saying, quote, how about other warriors who will not be on magazine covers who truly sacrificed everything. they sacrifice the lives of their loved ones who will never be the same. that is sacrificing everything for something they believe in. reaction on twitter pouring in. many taking to twitter to express outrage, tony says stop, the stock dropped after the ad was released. another twitter user saying i will never buy a product colin kaepernick endorses. susan on social media saying no nike in my house. the company standing behind the ad saying we believe colin kaepernick is one of the most inspirational athletes of this generation who leveraged the power of sports to move the world forward. heather: we will talk to any rack or very for his take on that.

we should mention the president said it is what the country is all about and you have certain freedoms to do things other people -- >> or measured response then you would have imagined. not so measured when it comes to a new book, another tell-all book. heather: by veteran journalist bob woodward painting white house in chaos, donald trump has come out slamming the book in a series of tweets and even wondered if would word was working for his political opponents saying the woodward book has been refuted and discredited by general secretary of defense james mattis and john kelly, their quotes were made up. a con on the public. would word is a damn operative. a lot of the president's supporters not taking the book seriously. kim says woodward cares more for his pocketbook than his reputation and another tweeting

shame on you, bob. john kelly saying we are in crazy town and the word crazy town trending on twitter. a lot of people talking about this book big time. heather: but all of them saying they didn't make those comments. the time is 27 minutes after the top of the hour. silicon valley on capitol hill, top tech companies testifying on foreign interference in the november midterms today. our next guest an ethical hacker, says it is time these conversations were had, he is calling out twitter and facebook for ignoring proper protocol. >> senator booker. >> i'm almost done. >> i'm a trailblazer. heather: ringling brothers may be out of business but their successes for capitol hill,

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heather: tropical storm gordon making landfall overnight and turning deadly. several gulf coast states pounded by 70 mile-per-hour winds. steve harrigan in orange beach, alabama where it is hitting hardest. the rain is going to be a cause too. >> reporter: that is the real threat, this rain, scenario getting eight inches and a few areas getting 12 inches, a couple of inches each hour. the threat from tropical storm gordon will be flash flooding moving in and across mississippi. the storm made landfall late last night on the border between alabama and mississippi as a tropical storm, just under

hurricane strength, winds of 70 mph. it made landfall on the border and the threat is from rain. we have seen rough conditions along the alabama border, getting hit very hard. a lot of roads underwater, a number of closures, schools closed throughout much of the coastline area. 10,000 people along the alabama coast are without power, power grews trying to change the situation. there has been one fatality on the florida panhandle, a tree came down on a mobile home killing a child. emergency rescue crews are going out there, there is a state of emergency in several counties along the coast, people told not to drive. there are still life-threatening conditions from possible flash floods and tornado warnings, we will see the storm we can throughout the day moving from tropical storm to a tropical depression just under hurricane force winds.

a lot of people still in the dark on the alabama coast. heather: be careful out there. appreciate that coverage. more potential attacks against syrian rebels. us ambassador to the un nikki haley stressing the united states will not accept another chemical attack in the country. the white house repeating the president's strong warning that if a red line is crossed by bashar al-assad the us and its allies will, quote, response wesley and appropriately. the united states and canada coming back to the negotiating table, the nations will resume trade talks after failing to agree on a deal to update nafta, in three months, hopes canada will be included in that final deal. the democratic contenders for the 2020 presidential election pouncing on brett kavanaugh

during his confirmation hearing. >> i cannot support your nomination not just because of the body of your work but the perverse process by which this comes forward. >> i'm concerned your loyalty would be to the president who appointed you and not to the constitution of the united states. >> reporter: cory booker and, harris wasting no time using the for them to get their names out. booker sent a fundraising email during the hearing. despite hundreds of thousands of documents being released democrats demanding more papers on brett kavanaugh. the nebraska senator says this is a ploy and the left knows the papers they are asking for our national security risks. >> more documents produced related to brett kavanaugh's nomination for supreme court justices combined, why is that? brett kavanaugh has done a bunch

of stuff in washington that kept evolving during the hearing, 90% of documents haven't been produced, by the end of a 96%, none of those things are true. he spent three years as staff secretary, a bunch of paper past his desk, george w. bush's papers, not brett kavanaugh's papers. they are trying to ask for stuff that can't be produced because it could be national security secrets related to president bush's administration. it is not true, and president of the amount of paper handed over. heather: 500,000 documents have been handed over for review. a big day for big tech as two of silicon valley's top executives prepared to take the hot seat on capitol hill where lawmakers are expected to grow facebook, twitter and google about their progress in cracking down on disinformation campaigns before

the midterms. what can we expect? joining us is ethical hacker and university of maryland professor tim summers. we appreciate it. you are a hacker but you are ethical. explain to everybody what that is, an ethical hacker. >> i have been doing cybersecurity and programming for a long time. my background is i have done this work, cybersecurity for the intelligence community and becoming a professor. i'm excited to be with you today. heather: you know what it takes to keep us safe online. what will people be looking for in the hearing set to happen today? >> great question. we don't want to see a repeat of previous hearings when mark zuckerberg came to talk, we are looking forward to seeing more

press about how these executives will handle the situation with facebook. we are looking for how they are going to handle the black box going on, users put their data in. we end up with a cambridge analytica situation and the behavior being predicted, looking at using spots to manufacture consensus and create popularity around things the public is not in support of. with google look at their youtube platform used for radicalization. how executives are going to attract that. heather: facebook during the 2016 presidential election 126 million americans were exposed to posts from russia, russia linked accounts, pages and ads and other numbers to take a look at, facebook says they deleted

650 accounts linked to russia and iran in august, twitter you were mentioning, 284 accounts have been suspended, google, 58 accounts with ties to iran, for engaging in an influence, how can they keep up with the trends? do senators know the right questions to ask? >> one part of this i would like to help with the numbers, when you think of twitter alone, there was research that came out a few years ago that shows anywhere from 9% to 15% of twitter accounts, let's think about that. over 50 million twitter accounts, twitter stepping it appear to go after accounts and with regard to the senators and their knowledge there are folks out there. i'm expecting senator burr out of north carolina to do some prepping. i also expect senator warner of virginia who has been very vocal

talking about this, i am expecting those to put the executives through the ringer. how about this? i surprised that google is not sending their ceo to answer these questions. heather: what does that say to you? >> i don't think -- google is synonymous with the internet. i don't think they are ready to answer these questions. facebook has been in the press a lot about this issue and sheryl sandberg has come to the forefront and put herself out there. there's a lot more they can do but i am surprised google has not been prepared with written testimony. it says to me they are not ready for a solid solution. heather: the midterms are quickly approaching and people

will be looking to see how it impacts that. it was great to have you with us for sure. the time is 20 minutes until the top of the hour. under fire, chicago mayor ron emanuel bowing to pressure come his big announcement and the shakeup that is sure to follow. >> nike getting burned i making colin kaepernick the face of their ad campaign, the billion-dollar impact on their bottom line. ♪

>> and illegal and investigation into what donald trump is calling the mueller probe. he says it never should have been started was number one there was no crime, number 2 everybody was conflict including mueller. the president pointing to do

business disputes with miller and his relationship with james comey as a special counsel revealed they will accept responses to questions from the president but a follow-up interview is not ruled out. ron emanuel's time as chicago mayor is coming to a end, he announced he will not seek a third term just months before february's election. didn't give a specific reason why but we know chicago has been plagued by violence during his watch and below point of his term is back in the spotlight today, jury selection begins murder trial jason van dyck who is accused of shooting and killing look one mcdonald in 2014. emmanuel was criticized for waiting more than a year to release that video. let's talk about nike getting burned big time after making colin kaepernick the face of their ad campaign. tracy carrasco from foxbusiness here with the major financial

fallout. >> reporter: shares of nike took a tumble falling 3% at the end of market close. this with a loss of billions of dollars in market cap, nearly $4 billion, nike was the biggest drag on the dow yesterday and yesterday's lost marked nike's largest loss in 5 months, we saw reaction on wall street quickly after nike made at 81 of the faces of its new ad campaign. we saw backlash and boycotts and some praise for this but nike clearly weighed the risks of what this campaign would mean. they decided it was worth it to move forward. we saw shares of footlocker tumbling as well yesterday in sympathy of what was going on with nike but looking at premarket shares, up slightly so we are watching that closely.

heather: 15 minutes before the top of the are in the feud between california and the trumpet ministration reaching a fever pitch, how the liberal state took its war against ice to a brand-new level. it all out battle. tracy was talking about it, nike's colin kaepernick backlash boiling over. in iraq war veteran, tim kennedy, says he will never wear anything from the company again, he joins us live next to explain why. this isn't just any moving day.

this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today.

heather: california on the verge of making it harder for ice agents to arrest dangerous illegal immigrants. jackie ibanez joins us with the

latest from the sanctuary state. >> reporter: nearly a year since california gained its sanctuary state status, but governor jerry brown is expected to sign a bill the titans restrictions on ice agents. senate bill 389 gives judicial officers the power to stop ice arrests during proceedings, and the judge condemning ice and suggesting judges should be in control, quote, arrests that occur inside a state court house and inside the courtroom are disruptive of courtroom proceedings. ice slamming the laws making it clear they will arrest illegals wherever they can. jeff sessions calling out the statements ago before launching a federal lawsuit over its sanctuary laws. >> how dear you needlessly endanger the lives of our law enforcement officers to "a radical open borders agenda.

shannon: not clear how many arrests ice is made in california courtroom since the federal agency does not track where arrests are made, jerry brown has until the end of the month to sign the bill. heather: great to see you. >> good to have you back. heather: veterans of military members sounding off as colin kaepernick his name the face of nike's new ad campaign. tim kennedy tweeting just like that i will never wear anything nike again. i respect and appreciate colin kaepernick's right to free speech, i would die protecting that right but i love my flag. also i hate any nation that finances and supports terrorists. he joins me live with his reaction. thank you for joining us, appreciate it. >> my pleasure. heather: no more nike for you. >> not a chance. heather: you are an iraq war veteran potentially sacrificing

your life for this country and nike turns around and does this. >> it is an insult. lots of friends have died, funerals i have been to in the last 15 years, afghanistan, iraq, syria, north africa, places all over the world, can't even imagine were there. trying to define what sacrifice looks like. i understand sacrifice takes many forms. martin luther king sacrificed a lot including his life. it is an offense to every single person who has donned that uniform to fight for our freedoms. we are not talking criminal justice reform. that is the reason we are taking a knee during the national anthem.

when you are making millions and millions of dollars and you have to forgo your latte once a month because you are only making a few million dollars is not sacrifice. heather: response on social media was swift and costs the company $4 billion so far. have you spoken to your friends who feel the same way you do? images of nike apparel, people going in backyards and burning up their gear. >> in a hotel i am at a military school, the day they announced that i walked -- what most of the guys were talking about. there were chairs being thrown across the room. it is definitely an issue on this military base it would be hard to find somebody that is like that is a great plan to buy some nikes.

heather: you talk about fighting for this country, the president tweeted he disagrees with this, it is a terrible message but on the other hand this is what this country is all about. how do you make sense of that? >> somebody has a right to do something that will make my blood boil. the president is not saying he can't say that. if he did say that i would be the first to step forward and fight tooth and nail against him impeding someone's first amendment right and that is what is happening here, colin kaepernick said something i disagree with and god bless him. he's trying to voice and bring attention to a problem and there is a problem, there needs to be discussion that needs to be had about social justice reform and what is happening in urban cities.

but not at the cost of disrespecting our flag, the national anthem. that is not the place for it. just not in front of the place i have to fold and hands to a widow. heather: nike has a right to put them on their ad campaign. we have a right to our opinion of it and you have a right to not by nike again. thank you for your service and we appreciate it. we will be right back, stay with us.

julie: in for the good, the bad and the ugly, the good, a premature baby, 28 years ago, they were reunited, she reunited with her patient, turns out he is a doctor at the same california hospital, the two across the paths, the doctor doing rounds, was born 11 weeks early and doing just fine. the bad, man frozen airport into chaos when security finds a replica explosive on him. the man was going to a police training seminar and brought his realistic looking device through newark airport, the airport shut down until the fake id was cleared. the ugly, house split in half

after a plane comes crashing down in florida, how did this happen? apparently there was a crane lifting roof shingles that sliced the room in half. unbelievable. that wraps up this our of "fox and friends first," have a great day. >> mister chairman i therefore moved to adjourn this hearing. >> this is the first confirmation hearing for supreme court justice i have seen according to mob rule. >> wednesday, september 5th, supreme chaos, democrats turning the hearing for brett kavanaugh into a circus. rob: will the political theater continue? mayor rahm emanuel's big announcement ahead of a major case on his legacy.