shannon: thursday, december 27th -- the 27th of this is "fox and friends first". having at 4:00 am a fox news alert. brett kavanaugh and doctor christine ford in the hot seat on capitol hill today as donald trump rails against the democrats. >> they are economists because they know the quality this man is and they destroyed a man's reputation and they want to destroy even more. >> the brand-new case of mistaken identity that could throw a wrench into the?

's are's entire story and dreamer arrested, and illegal immigrant accused of multiple murders is the daca recipient. could have been behind bars months ago. michelle obama is going high, you won't believe how much she is charging for book tour tickets, got to hear this. "fox and friends first" starts now. ♪ take me away ♪ >> take it back this morning, pocket full of sunshine, live shot of new york city, the sun is not yet come up but it is sure to shine shortly. you are watching "fox and friends first" on thursday morning and it is going to be a busy day.

there's a lot happening. thanks for starting with us so let's get right to a fox news alert. 11th our stomach, two men surface to say christine ford the steak to them for brett cavanagh, no questions of credibility hours before the judge and his accuser are set to testify. griff jenkins is live with breaking details inside their considered office building where the hearing will be held, good morning. i woke up to this news this morning and i'm still trying to take it in. >> there is an enormous amount of information pouring in before the senate's come into the senate judiciary committee room. let's get to it. the two men you mentioned we learned late last night, on monday they interviewed two men, one man who says he believes he, not brett cavanagh had the

encounter, the basis for ford's complaint, he submitted a statement and on tuesday a second man coming forward also believing me, not brett cavanagh had the encounter with doctor ford. he described his recollections in some detail to the committee. we are also hearing of more accusations, ford's accuser turned out to be an anonymous allegation in a letter with no names claiming in a bar in 1998 brett kavanaugh assaulted a woman when he was drunk in a so-called fifth accuser coming by way of sheldon whitehouse from rhode island, that is discounted and not having merit. let's get to the hearing, doctor ford and brett kavanaugh made opening statements with no time limit, 5-minute rounds of questions, republicans bringing in the veteran sex crimes prosecutor to do their inquiry,

the excerpt from doctor ford's testimony, we expect her to say this, he put his hand over my mouth to stop me from screaming at this is what terrified me the most and had the most lasting impact on my life. it was hard for me to breathe and i thought he was going to kill me. brett kavanaugh's attorney addressed a number of allegations. is what she had to say. >> that these allegations had any merit, should have come forward before and there would be plenty of time to do that but you have to question the motives when they come forward with the most salacious, most outrageous allegations. >> and all eyes will be on doctor ford in the room behind me, one of the judiciary committee members had this to say. >> his challenge is to persuade

us that he has the judicial temperament and integrity to serve on the supreme court. doctor ford i will remind you has nothing to gain from this and has already suffered significant harm to herself and her family. >> it will begin in this room behind me but it is going to be a real day for the senators. we had to process all this information. it is important to get it right because there's a lot coming out, to be one of the senators trying to decide where things stand and what the truth is. >> 11 republicans, 10 democrats, we will talk about what we know about rachel mitchell coming up a little later in the newscast, thank you, appreciate it, breaking claims that doctor ford may have the wrong man raising serious questions about the other accusations against brett kavanaugh and harvard law professor alan dershowitz says the stakes are too hard to let those questions go unanswered. >> you had a woman today on

television saying it is sexist to have appointed a woman lawyer. he would have sexist to appoint a male lawyer. you need a gender-neutral robot now to cross-examine if you want to avoid claims of sexism. it is a no-win. cross-examination must be effective, tough, respectful. there is so much at stake. a man's life, reputation, career, family, the people of america having a justice sitting on the supreme court, the stakes are too high. i don't agree with republicans that you have to take the vote on friday or that there shouldn't be a continuing background check, truth has to be the determining factor. we can't let this vote happen until we know whether these serious allegations did or did not occur and there can't be a presumption of guilt.

>> gender-neutral robots. democrats are reverting back to their document battle, or senator jeff merkley says he is suing to stop the confirmation vote altogether until all the documents are handed over. the president scheduled to come face-to-face today with deputy attorney general rod rosenstein amid reports that rosenstein secretly recorded donald trump. todd pyro live in studio with a story that has its own share of twists and turns. >> donald trump says he certainly preferred not to fire rod rosenstein and considering meetings a few hours from now. >> i'm talking to him. we had a good talk, he said he never said it, he gets a lot of respect for me. >> my preference would be to

keep him and let him finish up. >> if the president referred to the report that rosenstein allegedly suggested wearing a wire around him and invoking the 25th amendment. the president adding he might postpone the meeting in order to watch the senate judiciary committee hearing. we are all going to be glued to that including the president but regardless of fisher is forming among house conservatives on how to handle rosenstein. on the one hand paul ryan says let the president handle it. >> we shouldn't step in the way of that, we should let the president work it out with rod rosenstein. >> but mark meadows says he and jim jordan are not going to allow the speaker to, quote, plans on rosenstein and the deputy attorney general needs to testify before congress about these wider accusations. >> he needs to come before congress, raised his right hand and swear -- a number of things jim and i both know about that

rod did say that need some accountability. >> doj officials have not received an official request for many house committees for rosenstein to testify so 24 hours from now both of these stories could look incredibly different than they do right now. >> incredibly interesting and different show tomorrow. donald trump says he's open to meeting with venezuelan president nicholas madero after the embattled leaders showed up unexpectedly to the un to make a speech mostly directed at the us. >> in the 20th century it sought to dominate the entire world, wants to continue giving orders to the world and saw the world at its own property. >> donald trump into taking military action in venezuela several nations accused him of

crimes against humanity. we can learn some details of the us-mexico trade deal as early as today. government officials working to publish a draft to meet the october 1st deadline. still unclear if canada will join the agreement as donald trump says. he rejected a meeting with canada's prime minister over lack of negotiations. >> terrified too high and he doesn't want to move and i told him forget about it and we are thinking of just taxing cars coming in from canada. that is the big one. heather: the us did not request a meeting. first lady milania trump is heading out of town, out of the country to africa for her first major solo trip, she is doing her be best initiative focusing on child welfare. >> education, online safety, bullying, poverty or disease, too often children who are hit first and hardest around the

globe. >> the first lady will visit goner, lower, kenya and egypt. she leaves on monday. now fox news alert, desperate 911 calls just-released from the moment a boy with autism went missing. >> we searched everywhere. >> you appeared in the trees. >> frantic search intensifying by the hour. what will happen? that story along with this, what will happen behind closed doors when donald trump meets rod rosenstein. what could it mean for the russia probe if he gets fired? one of our favorites has been following this from the start and he is back with us to break down the potential legal fallout. good morning. - in a crossfit gym, we're really engaged

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>> i'm talking to him. we had a good talk, he said he never said it, he doesn't believe it. my preference would be to keep him and let him finish up. >> a matter of hours donald trump will meet face-to-face with rod rosenstein amid reports the deputy attorney general wanted to secretly record him. what possible scenarios could play out behind closed doors today? david bruno is here live with his predictions as to what may happen not only talking about possible wiretapping or secretly recording the president but also invoking the 25th amendment but you heard the president saying we had good talks. >> his preference would be to keep him. let's not forget rod rosenstein is denying these comments. he said he never did. that is that one.

shannon: or said they were made in just. >> in accurately, yes. he is saying that is not accurate and donald trump is thank my preference is to keep him. that would be best politically for the mueller investigation because we have a number of questions. what happens if rod rosenstein resigns or is fired? >> what does happen if he were to resign or be fired? >> there is succession in the balance of justice in the next 20 francesca, a senate appointee confirmed by the senate. the question becomes does he have a conflict that demands his own recusal like jeff sessions does? he worked for a firm that represented the trump campaign and as a result of ethics rules and the department of justice it may require recusal. the next in line, stephen angle of the office of legal counsel, a number of questions of who is next in a federal law that

allows the president to appoint somebody without actually getting confirmed called the federal vacancy act of 1988. that could be a way to put someone else in charge of the mueller investigation. >> a number of people said trey gowdy. >> a possibility but the question becomes is it really going to happen? this is a very big news day. heather: the president did insinuate that it was a late meeting. >> the president will be watching the meeting today. it is probably the most important issue on his desk. it will happen during lunch or break because he has other priorities on this day. shannon: we talked about this on camera, the president was here in new york, at the un, at the time rod rosenstein allegedly was going to the white house to tender his resignation and the

timing, why would it have happened at that time? >> it is interesting because trump wasn't in dc, this was a meeting with the chief of staff. reports were that rod rosenstein was going to resign. now we see that was not accurate. it could be a miss report, and erroneous report. you would think trump would want to be in the building or around but let's not forget he wasn't around for the comey firing, comey was in california. it wasn't his firing, it was done by the chief of staff. a lot of questions, interesting points to make but in the end i don't think anything will happen with rod rosenstein considering especially with the statement that he prefers to keep him. >> democrats are pushing so the president is forced to fire him and they don't want him to resign because they want the president to make that move. >> look at adam schiff's

statement, don't resign, make the president force his hand and fire you. a huge difference politically. shannon: anything could happen. thank you. we will have you back. the time is 18 minutes after the top of the hour. donald trump sparring with an old foe, jim acosta, again. after the cnn reporter demanded this. >> if you don't mind after i finished one of our female colleagues go after me that would be great. >> what does he mean by that? would it make a difference to me? >> carly shimkus with reaction pouring in online to the news conference clash.

>> cnn reporter jim acosta turning the president's un press conference into a sideshow with this unusual request. >> if you don't mind after i'm finished, female colleagues could go after me that would be great. >> what does he mean by that? >> a female reporter would ask a question about this issue. >> wouldn't make any difference to me. >> but he wanted to get his questions in first. carly shimkus with fox news headlines 247 serious xm 115 is here with how his grandstanding backfired big time. >> that question coming during a press conference that was largely focused on the sexual assault allegations against brett kavanaugh, leaving the president wondering what jim acosta was implying by that and social media certainly taking notice. robbie on twitter says showboating again and kathleen writing how patronizing, like

the women in the press need him white nighting for him, more virtue signaling. who cares what sex a person who asks the question is, it is either good question about. the women going what was even doing trying to stand up for women when they could do it on their own. another twitter user saying i wish trump had asked him to give him time to one of the females if he felt so -- >> that would have been awesome. once again trying to become the story but here we are talking about him. >> talk about the border patrol, the first female chief who hopes to inspire other women. >> for the first time in their 94 year history a woman is in charge of the us border patrol, she signed on to lead the organization last month. she said it may be a first but i won't be the last female chief of the border patrol. if you're a woman in law

enforcement i don't care where you are, you are a minority. she's right about that, one in 20 females in the us border patrol, one person on facebook said she's an inspiration to all women, she certainly isn't another press on facebook says go, girl, great for her, great for america, she says she's pretty impressive in stature but always saw herself as a police officer, not a female police officer. >> finally, we were talking about the mueller investigation. hopefully this is a sign that is in trouble. >> it could. a rare photo of robert mueller during his free time went viral, showing him at an apple genius bar in washington dc and the jokes came rolling in after the picture went viral on twitter. one person saying special prosecutors, they are just like

us and somebody else writing hope all the indictments were saved to the icloud. >> i wonder if that was a legit picture. does it look fake to you? wouldn't you think they have it staff? >> maybe this is just his personal pc but a pretty relatable scenario. >> i wonder if he had to wait in line very long. that is relatable. fox news alert, just hours until the highly anticipated hearing with brett cavanagh on capitol hill, a case of mistaken identity threatens to throw a wrench into his accuser's story. the impact it could have on today's hearing. >> we go high when they go low. when they go low we go high. use we do. >> apparently michelle obama is going really high, you won't believe how much her book tour

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shannon: welcome back, half past the top of the hour, you are watching "fox and friends first". and illegal immigrant accused of murdering his shipmates on a fishing boat is a daca recipient, we are learning more about his violent past. jackie ibanez explains why he is not behind bars. >> reporter: fox news exclusively learning franklin vasquez was granted the first action under the daca program in 2013. even more alarming his legal status expired in 2015. he applied for renewal almost a year after his daca status expired but was denied after he failed to appear in court. vasquez was charged with killing one of his shipmates and injuring two others with a hammer and a knife.

the us coast guard releasing the disturbing made a call from the captain. >> don't know if he hazards or what but one of the crewmembers, hitting people in the head with a hammer. three are injured, one i can't wake him up. i don't know if you do not. >> reporter: he was on bond despite ice objections. ice was monitoring his case to determine the next step to make sure he no longer poses a public safety threat but it is not first time he was let go on bond, he was set free last march after being charged with attempting to strangle his wife. his public defender requested a hearing tentatively scheduled for tuesday. of convicted he faces deportation and life behind bars. heather: thank you. another fox news alert as the search for the missing boy with

autism enters a 60 day. we are hearing the 911 call from maddox rich when he first vanished in a north carolina park. >> he disappeared, we searched everywhere. >> near the p or and the trees. heather: the rescuers have been frantically searching the park ever since the call was made on saturday. they started draining a lake hoping for clues. maddox's father was the last person to see him. the fbi is offering a $10,000 reward for any information. toward florence ravaged areas of the southeast, floodwaters lingering in the carolinas, thunderstorms can only make matters worse. in tennessee one person has been killed by flash flooding. officials opening emergency shelters and shutting down local schools because it seems like this, the rushing water.

donald trump's friendship with the chinese president may be over, the president accusing china of trying to interfere with the midterm elections as payback for the escalating trade war. >> we have evidence that will come out. i can't tell you now but it didn't come out of nowhere. i like china and i like president xi jinping. i think he's a friend of mine, he may not be a friend of mine anymore. heather: the military taunting china by flying b-52 bombers over the south china sea this week. hundreds of students from liberty university are headed to washington dc to show support for brett kavanaugh's nomination to the supreme court. liberty president jerry falwell teaming up with concerned women for america to pay for the students to be bused there. >> hope to take advantage of the opportunity to make a difference in national politics, go to

washington and counter what the yale students are doing, support judge brett kavanaugh. we have 300 spots for you. heather: the falwell has been a very public supporter of donald trump. in the meantime yale university is under investigation by the justice and education department. the connecticut university is accused of disseminating against asian americans applying to the ivy league school. harvard is under investigation. yale's president defending the admissions policy saying, quote, the number of asian americans has grown less than 14% to 21.7% in the class of 2022. back to brett kavanaugh. judge cavanagh and blasey-ford will take the hot seat on capitol hill. in a major twist, overnight two men have come forward claiming

forward may have mistaken them for brett kavanaugh. what could this mean for today's hearing, here is justin walberg. thank you for joining us, we appreciate it. i went to begin with this sound from donald trump regarding brett kavanaugh. listen to this. >> giving the women a major chance to speak. it is possible i will hear that and say i am changing my mind. with all of that being said, brett cavanagh has been for many years one of the most resected people in washington. >> don't like what you are saying is there's a situation, there is a scenario under which you would withdraw brett kavanaugh's nomination. is that correct? >> if i thought he was guilty of something like this, sure. >> he has to listen to what doctor ford has to say.

>> i worked with brett kavanaugh every day for a year and on a short list, without reservation and without hesitation, on this list. i understand what donald trump is saying. many men tuesday niles i would not necessarily believes. when it comes to brett cavanagh he is the kind of person who would rather do the job until i. if he says he didn't do this i believe he didn't do this. heather: is it fair at this point to allow doctor ford to share her story? is it necessary in this process? >> sexual assault is evil and anyone who makes the accusation

to make, and doctor ford was assaulted in the past and i don't even doubt that she may believe the assailant was brett kavanaugh. i believe she is mistaken and the reason i do is i believe brett kavanaugh would not lie in order to save his job here. on the short list of people whose word i would take to the bank, brett cavanagh was on the list. heather: a lot of folks waking up to this news, not one between 2 different men, one of them in great detail, gave an account where he believes doctor ford, mistook him for brett kavanaugh. two different men saying they

could be the man, what do you think of those revelations this morning. >> i'm hesitant to play detective, don't know the accusers. and explained the reasons why and cannot imagine brett kavanaugh lying, not the man i know that i have come to trust as well as i did. heather: brett kavanaugh and doctor ford today, what do we know about rachel mitchell. she will be tasked with tough questions. what do we know about her, the bullet points we know. and other things. >> her record suggests a career

passion for justice and passion and compassion for the victims. she is an excellent choice. brett cavanagh wants a fair process. i believe doctor ford what a fair process and this is part of it. choosing someone with her experience is an important way to make sure those trying to defend brett kavanaugh don't do more harm than good. we heard some awful defenses of brett kavanaugh that play into rape myths. we heard if it happened a long time ago it shouldn't matter, or we heard boys will be boys. we heard she must remember all the details and if she doesn't she can't be telling the truth. those kind of things just alienate real victims of sexual assault and don't do brett kavanaugh any good. the reason i believe brett kavanaugh is because i believe brett kavanaugh is a man of his word.

that is the person for ten years, close working relationship i have come to see and know and trust. heather: we appreciate your insight, your personal accounts with brett kavanaugh. people will make up their own minds today. hopefully it will be resolved after this hearing. thank you for joining us. the time is 20 minutes until the top of the hour. the flu killed 80,000 people last year. the stark new warning and what you need to do now to protect your self this flu season. menu makeover, major changes coming to a mcdonald's near you. ♪ hungry like the wolf ♪ ♪

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heather: health alert, last year's flu season was the

deadliest in four decades in the cdc is urging everyone to get your flu shot, 80,000 people died from the flu in 2017 compared to the average of 12,000 deaths in other years, 80,000 to 12,000. the cdc says you should have your shot ideally by the end of october. you still have a little time. the development of homeland security is urging airlines to delay flight so agents can scan your face. according to the report dhs is frustrated many airports using facial recognition scanners are letting passengers bypass to lift flights are running late. the scanner allows customs and border protection to confirm a person's identity. they are currently testing the scanners at 14 airports nationwide. now a foxbusiness alert, shelling out big bucks over a massive data breach that hit millions of users. tracy carrasco here with more on how the ridesharing apps plans

to make itself more secure. this is concerning. i use uber a lot. >> reporter: this data breach happened in 2016. hackers got in and stole driver's license numbers, emails, addresses and phone numbers of millions of uber users. they did not disclose this for year-end have to pay up, the settlement, $148 million. this includes all 50 states including the district of columbia. this is the biggest data breach payout in history. the settlement will be distributed to the states and will not go directly to the affected users but with the settlement uber did agree to make it more in place to make sure this does not happen again. shannon: let's talk about mcdonald's and burgers, big burger announcement. >> making burgers a little healthier, mcdonald's says 7

classic burgers including the big mac, quarter pounder, they will be free from artificial preservatives, flavors and colors. there were difficult ingredients to change like the american cheese, big mac special sauce and some of the buns but they made that change and mcdonald's is saying this is driven by higher expectations from customers when it comes to food quality, ingredients and sourcing. 14,000 mcdonald's locations across the country. heather: people getting healthier, not a bad thing. time is 15 minutes until the top of the hour. cast your ballot coming in one state you can do all of that on your smart phone but is it really a smart idea? cyber security expert lisa garber calling a game changer and she is here with a warning. ♪

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heather: for the first time in american history people will be able to vote on their cell phones. people in 24 counties, you can see in green on this map, will be allowed to use mobile voting. is this a revolution or is it dangerous? here with expert insight is lisa garber. haven't seen you in a while. >> so good to be here. heather: even saying this it seems this could potentially be a problem. how could this be secure? >> it is both revolutionary and very dangerous. what the issue is, there are so many attacks coming in every minute of every day on american voting systems already.

we have seen in previous elections 21 states have had attacks and a couple states had some attacks go through. heather: the the president was talking about china in terms of midterms. >> china, russia, so many threats not including local threats. the issue is you can have convenient voting, want to support our troops abroad, that is what west virginia is trying to do but mobile phones are really insecure and there are so many places for vulnerability and attacks, look at wireless networks, digitized information and application security as well but this apps is starting block chain technology, the digitized ledger that can't be changed and that is secure, new technology but we don't know how much this application has been tested. heather: is it used with crypto currency? >> exactly. block chains and many different

technologies that are used and that is the issue. block chain is an they were technology that is supposed to be extremely secure and transparent, that people can see, it would be great for voting because it really can subtract everything but one of the issues that keeps voting secure our paper ballots because we can check them. if someone is voting, there is no paper trail. of the 20 what types of checks and balances are in place or could possibly be put in place? >> it is created at the time, it is not being done yet. it is tested in private elections, the rock and roll hall of fame election but to use it in a midterm election is different. supporting troops abroad. it may not be ready yet. heather: what would be done to make it ready and rolled out

nationwide? >> to roll it out at a state and federal election level has to be tested and proven. this technology came under fire at a recent hacker convention in las vegas which is the annual hacking convention and they laughed at these application technologies because people throw buzzwords like block chain or crypto currency and securid is built on a secure foundation, not tested in this kind of application and one of the other issues was the voting application uses other types of identification technologies, pictures of your face, where is that information getting saved and is it accessible to hackers as well? heather: else could be using your phone or have your password, a lot of questions involved. it will be interesting to see how this works. >> it may not be ready yet. heather: we will have you back

after they try it. it is eight minutes until the top of the hour. no-fly zone. what happens when a woman boards a plane only to find her assigned seat doesn't exist? ♪ - in a crossfit gym, we're really engaged with who we are as people and making everybody feel welcome. ordering custom ink t-shirts has been a really smart decision for our business. - [narrator] custom ink has hundreds of products and free shipping. upload your logo or start your design today at customink.com.

heather: live look at washington dc, the nation's capital with a couple things going on today. it will be a busy one. the brett kavanaugh hearings will get underway. we expect to hear from doctor christine blasey-ford as well. we will definitely be following that and also possibly a meeting between donald trump and rod rosenstein. will he have a job after today? will he or won't he?

we will find out as well. let's talk a good, the bad and the ugly. the good, tiger woods comes face-to-face with another tiger. take a look at this. >> what is your name? good for you. >> fixing for it. heather: that is nice, woods meeting the 60-year-old british golfer in france. 13 was named after him. now the bad. former first lady michelle obama accused of being a sellout over the beyoncé like ticket prices for her upcoming book tour. up to $3000. the ticket sold out almost immediately. the ugly. a passenger boards a plane and finds out her seat doesn't even exist.

her ticket shows she is supposed to see it in c 305f but there were only 34 roes on her airplane. she got an empty seat on the fight indonesia somewhere else. the airline says a bigger plane was originally booked for that flight. that is weird. that wraps up this hour of "fox and friends first," thanks for joining us, a busy day, "fox and friends first" continues right now. jillian: it is thursday, september 27th, fox news alert, credible claim or a case of mistaken identity? stunning new admissions surfacing overnight turning the supreme court confirmation battle upside down. rob: how will brett kavanaugh and his accuser respond to latebreaking bombshells? we are live on capitol hill. a moment of reckoning for rod rosenstein who is set to meet with donald trump today. jillian: it is not the president who wants him out of a job. the lavish lifestyle bill cosby will be given behind bars.