>> it is thursday, october 4th and this is "fox and friends first". happening right now 4:00 am a fox news alert, breaking overnight the fbi report into brett kavanaugh is out. what the white house just found that could pave the way for his confirmation, live in washington with new developments. >> every human being who knows the lord jesus christ to pray for these officers. >> killed in the line of duty. one police officer shot dead in south carolina, 6 more wounded.

what we just learned about the accused gunman who launched his rampage from inside a multi-million-dollar home is look at this. a smiling mug shot that will make you cringe. the man just arrested for allegedly sending poison to the president. "fox and friends first" starts right now. ♪ ♪ go ahead and jump ♪ jump ♪ go ahead and jump ♪ >> van halen, little flashback, a good one to wake up to this morning, live shot of new york city. hopefully it does where you are waking up this morning. you are waking up with "fox and friends first" on thursday morning.

we always appreciate you starting your day with us. let's get to that fox news alert. everyone talking about this bombshell new report claiming the white house found no corroboration of sexual misconduct allegations against brett cavanagh. griff jenkins live in the nation's capital as we learn the senate could vote as early as saturday. is that right? >> that is right. a lot of breaking news. rods shot tweeted out a statement saying they received the fbi supplement the background report transmitted to the senate and they are fully confident cavanagh will be confirmed. this comes as the wall street journal reports that the white house found no corroboration for sexual misconduct. we are off to the races now for a vote that could come as early as saturday following mitch

mcconnell's filing of cloture it 10:00 pm last night. >> a cloture on brett kavanaugh's nomination this evening so the process can move forward as i indicated earlier this week. >> it comes as a frustrated white house is losing patience with democrats accusing them of playing politics. >> one thing is clear, democrats want to block brett kavanaugh and hold the seat open until the 2020 election. this is about politics. this is about power pure and simple. they destroyed judge cavanagh's reputation, undermines doctor ford's privacy and tried to append our tradition of innocence until proven guilty in the process. it is a complete and total disgrace. >> here is the thing. the white house may need a few democrats because of gop holdouts who have yet to announce how they will vote, senators collins, murkowski and flake. one of the potential democrat voters joe man who had this to

say. >> looking for some clarity. i can't judge on anything. as a father, a person in the community i'm trying to put the human side to it. >> doctor ford's attorney released a statement saying they were profamily disappointing this fbi report did not include an interview with doctor ford and was not a complete investigation but the vote could come as early as saturday. it 10:00 pm, will mcconnell file for cloture? we could get something in the early morning on saturday. we will see. as well as what is in this report, we are not told exactly but can't tents -- contents. they are not supposed to leak its contents but someone tells we might learn a little more. >> they are not supposed to leak but i have a feeling we will get leaks from either side in support of their argument. we will see. thank you so much.

appreciate it. hundreds of law professors signing a letter saying brett kavanaugh doesn't have the right temperament for the supreme court that harvard law professor alan dershowitz says the left is just playing politics. >> signed a letter, asked me, i wrote a dissent saying he no longer has judicial temperament. can you imagine if this were a liberal appointed by a liberal president who had been accused and they acted similarly i don't think a single one of those professors would have signed that letter. they fail the shoe on the other foot test. this is all about partisanship. the opposite what is happening, democrats opening up candidate, everyone behaving the opposite way. it is partisanship and i think the framers of the constitution never intended the confirmation process to look anything like this. >> the shoe on the other foot test. now that the white house has

reportedly found no corroboration of sexual misconduct allegations in the fbi report, should the vote move forward and should the fbi report be made public? send your thoughts and we will share them later in the show. a lot to view. a federal judge blocking the deportation of 300,000 immigrants overnight. edward chen stopping the trump administration from ending temporary protected status for immigrants from el salvador, nicaragua, haiti and sudan. the judge claims there's evidence the president's decision was motivated by racism. the justice department said the judge is trampling on the president's security and immigration powers. a navy veteran admitting to sending letters to the pentagon and the president that tested positive for ricin. william allen iii seen grinning in a mug shot, the fbi and police arresting him at his utah.

is expected to be charged with a terrorism threat in court today. the letters addressed to the president, fbi director, secretary of defense and chief of naval operations contained ground castor beans which contained the poison ricin. fox news alert, investigators in south carolina searching for a motive after a police officer is shot dead and 6 others wounded at a multi-million-dollar home. the war on cops escalates nationwide. good morning. >> the city of florence heartbroken after one of their officers is killed in the line of duty. police say the suspect fired todd: officers serving a warrant for a sexual assault investigation. the gunman barricading himself with children inside the upscale home for two hours. he eventually surrendered and was taken into custody. police releasing the chilling dispatch audio. >> a high-powered rifle and

firing at officers. >> an officer down at this time, use precautions. >> reporter: officer jared caraway was killed in a shootout. 3 deputies and 3 other officers are hurt, the law enforcement community is asking for prayers this morning. donald trump tweeting my thoughts and prayers are with the florence county sheriff's office and the police department in south carolina, we are forever grateful for what law enforcement officers do 24/seven 365. the identity is not released, caraway's tragic death marks the 40th officer to be killed in the line of duty. heather: we will update the story as we learn more about the

officers who were injured. the senate, overwhelmingly passing a new bill allowing the government to shoot down dangerous drones and requires the faa to set rules for commercial drone delivery. homeland security secretary warned congress enemies are targeting the us and they want to use drones to carry out those attacks. donald trump is expected to sign the bill within days. a trip we have been following overnight, milania trump boarding a flight to malawi, the second stop on her africa trip, she's been two days in goner visiting her hospital meeting the king and an old slave outpost. this is her first solo trip overseas, she will visit four african countries in total, fixing on child well-being.

how about this? plugging their way to victory in the wild-card game. aaron judge getting things started with a 2 run bomb in the first in jean carlo stanton crushed the solo homer to put it away. >> on that triple, way back. how far does it go? >> the yankees beat the as 7-numtwo and they face the boston red sox. in the national league division series coming in. today, the brewers face the rockies on fox sports one and the dodgers will take on the braves. the time is 10 minutes after the top of the hour. protesters harassing another republican but this time he is calling them out. >> paid activists, this is a george soros conspiracy and it is time we wake up and expose them and stand up and fight for our country. heather: the white house

reportedly finding nothing against brett kavanaugh. he is not surprised and is here live to talk more about that. ♪ - in a crossfit gym, we're really engaged

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heather: fox news alert which after reviewing reports from the fbi probe into brett kavanaugh the white house finding nothing to support the allegations of misconduct leveled against him. here to weigh in, mark smith joining us. let's begin with the latest from white house spokesperson ron shaw. he said the federal bureau of investigation supplemental background investigation into brett kavanaugh being transmitted to the senate with mitch mcconnell's cloture

filing. ample time to review the seventh background investigation. this in addition to the most comprehensive review of the supreme court nominee which includes extensive hearings, multiple committee interviews, 1200 questions for the record and half 1 million pages of documents and with this additional information, the latest, the white house is fully confident the senate will confirm brett kavanaugh to the supreme court. they are saying the information they received, they talked to several additional witnesses, mark judge, they talked to doctor ford's friend leland and found nothing that would corroborate doctor ford's story. >> the sex crimes prosecutor rachel mitchell said in her eight page document that there is no corroborating evidence, doctor ford's testimony was inconsistent, had major gaps in

it and the like and the senate judiciary committee bent over backwards to hear doctor ford. you have a right to be believed, there was no corroborating evidence of what doctor ford was testifying in addition to the questionable us of her own testimony and rachel mitchell said it best, and the senate judiciary committee recognizing this as they should vote to confirm brett kavanaugh. there is nothing more to be said. democrats won in the sense they got the extra week for more support, to encourage republican senators to defect. at this point what more is left to do. jillian: the democrats say this was limited in scope, they should have questioned brett kavanaugh.

>> grassley has written several letters saying we need the information that support your polygraph test. and my understanding, what is the point, and testified under oath, what could be gained by an fbi agent. >> they would give that information to the fbi should they question doctor ford again and not give it to the senators and give it to the washington post. >> the same people said she was not able to fly to washington dc because she was scared of flying and that story is not entirely true. heather: terms of timing moving forward this could possibly happen friday after midnight. >> that's right. there are a bunch of technical

requirements that affect the vote on brett kavanaugh. looking at the saturday daytime vote on every senator is on the senate floor and get airtime if you will. realistically you are looking on saturday. mitch mcconnell will want to make sure he lined up ahead of time for there to be a vote but again, he is the master of the senate. heather: what do you think of information moving into that vote now available? >> there's nothing more to be learned at this point. the discovery that brett kavanaugh with 7 different fbi background investigations, hundreds of thousands of documents, he has been a judge for 12 years, 300 additional opinions, what is there to learn about brett kavanaugh? it is time to say yay or in a.

what was fair to brett cavanagh and his family to move forward to the supreme court or do something else, not fair to keep people in limbo. finality is an important value. heather: everyone looking at murkowski flake and manchin to see what they will decide. appreciate it. we will have you back i am sure. 20 minutes after the top of the hour. the presidential alerts on the phone and the view used it to sound the alarm about donald trump. >> proven liar. lie about a terrorist attack? heather: not everyone saw it that way. on the social media side. ♪ push and pull you down ♪ living la vida loca this isn't just any moving day.

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>> does that sound familiar to you? the noise of the new presidential alert systems that went off on every cell phone in america at 2:18 p.m.. reaction across the country. >> the president did not personally send that alert. fema was behind it. seeing if they can reach people during a major emergency like a terrorist attack but because of this politically divisive time the criticism came rolling in. >> a proven liar. what if he sent a lie about a

terrorist attack? i would not put that passed him. moving around like a crazy person because he sent me something with his improper phone etiquette. >> is a national emergency alert system is political these days, cuba backlash to the view's commentary. one twitter user says hoping to be fired from the view. a remark about the president may cause people to ignore possible terror attack warning. another person says just got my alert. some people had fun with this presidential alert like the houston zoo who posted this. this is a test of acute baby elephant alert system. no action is needed. hashtag presidential alert was another woman said she was at an apple store during a presidential alert so you can imagine how that went. i don't think this should be controversial. a national emergency i would rather let someone let me know about it.

the hashtag cancel brett kavanaugh march. >> some of the president's biggest hollywood critics like will be goldberg will be attending an anti-brett kavanaugh march in washington dc. attendees confirmed they will be there including will be goldberg, amy schumer, alicia keys and john legend. the party majority pack is behind it and is there ever a moment the voice of the people can come together in concert to change the fate of the nation? this is it. every child, woman and man must take to the streets to protest this nomination. folks on social media are reacting to this, whatever happens, due process, innocent until proven guilty. we heard that many times before. this person pretty confident brett kavanaugh will become justice cavanagh saying get used to saying that. some celebrities who can't

attend the march personally are going to pause their work at 12:30 p.m. as a show of solidarity. >> this presidential doppelgänger. >> this is mind blowing. what this footage of a man that was filmed at a gas station somewhere, looks exactly like donald trump. he was sick of being president for a day and put on regular street clothes and go to the store. this footage is going viral online. i would love to find out who this guy is. >> they say everybody has a look-alike. >> we have to have him on. >> the time is half past the top of the hour and indigo treaty with iran after the un court

orders the us to lift sanctions against iran. rebecca heinrich says this is a perfect example of why the administration has an america first agenda. she breaks down the fallout of that ruling. the next few days what exactly is cloture? todd pyro joins us to explain the process and when we could see a confirmation vote for brett kavanaugh. - when i was young, into my teens and when i went into college and played college tennis, i could play all day long and never get tired, ever. as i got older, i started noticing a change in energy. - [narrator] do you have less energy than you used to? - between trying to have a professional life and then take care of my family at the same time, it gets pretty busy. - [narrator] scientists have discovered that after you reach age 40, your body produces less vital nitric oxide than it did when you were in your 20s. with less nitric oxide, you have less energy. so how do you get your energy back?

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secretary tweeting the white house has received the fbi supplemental background investigation into brett kavanaugh with mitch mcconnell's cloture filing, senators have been given ample time to review the second background investigation, the white house is fully confident the senate will vote to confirm brett kavanaugh, the wall street journal going so far as to report the white house found no corroboration of sexual misconduct in the fbi report. this all comes after mitch mcconnell filed for cloture. what is cloture? it is a vote to end debate on the nomination which if passed would move the nomination on to a confirmation vote by the senate. 16 senators must sign the petition to invoke cloture then the petition is ignored for a day, 24 hour period known as the legislative day where senators will review the fbi report. after that there is a vote on cloture which can be held no sooner than friday morning once

those 24 hours have passed. if that vote passes with a simple majority then debate on brett cavanagh is limited to just 30 hours and that means democrats cannot filibuster the nomination and the senate could vote to confirm as early as saturday. that may seem complicated, the final vote pretty simple. it comes down to these votes. jeff flake, lisa murkowski and susan collins and red state democrats where brett kavanaugh is popular, heidi heitkamp and west virginia's joe mentioned. brett kavanaugh must get 50 votes in the senate before mike pence could break the tie. the review of the fbi report by senators begins in a few hours. heather: democratic representative keith ellison may step down as deputy dnc chair to focus on his race for minnesota

attorney general. >> i put it like this. i will be 110% for minnesota all the time every time, and so that is something we are beginning to evaluate. heather: ellison's interview coming hours after minneapolis police said it would not look into domestic abuse allegations from ex-girlfriend. the case could be referred to another agency. senator david perdue slamming anti-brett kavanaugh protesters who arrested him at the airport. he was walking through with his wife when confronted on monday. purdue saying their motives are funded by liberal billionaire george soros. >> these are not genuine people who care about doctor ford or anything else, these are paid activists, this is a george soros conspiracy and assign we

wake up and expose them and stand up and fight for our country because that is what is at stake here. >> purdue ripping democrats on the senate floor saying they have, quote, gone one tick too far this time. democratic intern is charged with republican senators, researching someone's personal information online and posting it publicly. capital police say jackson posted home addresses and phone numbers to senators lindsey graham, orrin hatch and likely on wikipedia. costco interned for sheila jackson lee and previously worked for senator dianne feinstein. there are carter says this is another example of leftist extremism. >> it is outrageous and showing how far the left has gone. how dangerous is it, people can show up at their homes, we don't know what dangerous people are out there and the american people are starting to see how

terrible and dangerous this has become to the fundamentals of the constitution. >> costco has been fired by jackson lee's office, capital police looking at two other cases and it is not clear if he is connected to those. secretary of state mike pompeo dealing a major blow to iran after the un rules the us must lifted sanctions on the regime. >> i'm announcing the united states is terminating the 1955 treaty of aberdeen with iran. the choices being made in iran to use money to foment terror around the world those are dollars the iranian leadership is squandering lose they could be providing humanitarian assistance to their own people but have chosen a different path. >> will be any ramifications for pulling out of this treaty? here to weigh in, senior fellow

at the hudson institute, rebecca heinrich, thanks for joining us this morning. so let's break down the ramifications of this. >> there is not going to be any bad ramifications for the united states. another perfect example of the united states defending its own sovereignty. the united states is not beholden to the un or the international criminal court or the u.s. constitution. when the un came back and said you have to lift these sanctions and cited this old treaty, the united states said the treaty no longer serves american interests, time to withdraw from it and it is the right decision. >> why have we not done this previously? >> it is concerned to ruffle feathers, a status quo, has been there for a long time. do we need to undo things? can we work in the current framework and what the trump administration is doing, not the first treaty, going through

treaties and agreements and this is largely due to national security adviser bolton who said treaties and agreements are supposed to work for us. they are not ends in themselves, we don't chase after them because there's some good in them. they have to serve the interests of the american people and if they no longer apply it is time to get out. >> in terms of applying here, how would this apply moving forward with negotiations and what is going on with north korea, sanctions against north korea twitch many members are not holding to. secretary of state mike pompeo meeting with north korea coming up with todd: 1. how will this have an influence on that meeting? >> will not have a ramification except to say every country watches what the united states does with every other country. it is incredibly important what

the united states does towards iran we appreciate it is being watched in pyongyang, the thing that mike pompeo has to communicate todd: 1 he visits him, it doesn't matter if north koreans do these other nice things we appreciate. ri is on the prize and the dismantling of the nuclear program, north koreans will once the united states to lift sanctions and have a peace accord and put a end officially to the korean war before they actually begin dismantlement and mike pompeo has to resist the temptation and i think he will, to say we won't do that. right now we need to see you dismantle and then we can talk about other things we can do. heather: what about the recent report, that north korea could have 60 nuclear weapons. there has to be a positive

movement behind-the-scenes to actually have mike pompeo have its fourth meeting? >> i don't think the trump administration would be willing to continue moving forward diplomatically if they did not believe there was a chance. they gives me hope and encouragement. i have confidence in the leadership of the united states more than i do in leadership in south korea. the south koreans have gotten over their skis, president moon is trying to take the lead. when he goes back where he was early on, to the for to the united states leadership, we need to make that switch again because russia, china and south korea have started to deflate the united states's maximum pressure campaign by opening trade with north korea that is a mistake. heather: thank you so much, appreciate your insight as always. time is 20 minutes until the top of the hour. pulled over by police. the time on your new iphone could sound the alarm to your friends, quietly recording

videos. is that a good idea? and he didn't get a piece of cake but he did get a piece of the bad guy. the celebration for one k-9 officer. stay with us. this is actually under your budget. it's great. mm-hmm. yeah, and when you move in, geico could help you save on renters' insurance! man 1: (behind wall) yep, geico helped me with renters insurance, too! um... the walls seem a bit thin... man 2: (behind wall) they are! and craig practices the accordion every night! says the guy who sings karaoke by himself. i'm a very shy singer. you're tone deaf! ehh... should we move on to the next one? it's a great building! you'll love it here! we have mixers every thursday. geico®. it's easy to switch and save on homeowners and renters insurance.

>> welcome back. the department of veterans affairs releasing the hospital performance rankings, five va hospitals receiving a one star rating for the third year in a row, total number of one star hospitals down to tween 9, there were 14 last year. overall 40 hospitals have seen their ratings drop, 38 have improved and 68 hospitals have the same rating they did in 2017

to improve on that. there is a way to turn the new iphone into a body camera, a reddit user creating the shortcut called police drivers, saying i'm getting pooled over and that will trigger the camera to start recording. and whether to text or merely a loyal video to. what do you think of that? and the next flight after the senate, a massive aviation measure. good morning. >> the senate approved the bill, and going to donald trump to sign it into law. the faa would set standards for airline seats and the space between the seats. it is unclear what that would

be. they could go with the slowest capacity, and somewhere around 29 inches. we may not even see extra room. the faa would ban airlines from involuntarily removing passengers who boarded the plane, and come up with better communication for passengers when there are flight delays. something that was dropped is unreasonable airline fees. heather: that was dropped. let's talk about national taco day. usually you talk about taco tuesday but it is thursday. >> national taco day is today. a lot of restaurants turned this into an all-day fiesta with freebies and meals. most southwest grills on the

border, taco bell, red robin, for $8.99 you can get unlimited tacos at taco bell. they have a national taco day gift set. heather: thank you so much, appreciate it. tacos for lunch. america turns to fox news, we knew that but here's the proof. fox news dominating the ratings during coverage of the brett kavanaugh hearing is. we are proud of this. open major newspaper today chances are you will see this ad with the numbers proving it. fox news averaged 5.7 million viewers during the dramatic long hearing our stopping ms nbc and cnn combined was fox beat out all broadcast coverage so congratulations, proud to work here for sure and thank you for watching as always. 15 minutes until the top of the hour.

boys will be boys? college under fire for offering a class focused on the assault allegations against brett kavanaugh. it is called an embarrassment to academics. teaching guilty until proven innocent, not supposed to do that. ♪ today is the day you're going to get motivated...

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heather: green mountain college in vermont incorporating brett kavanaugh's confirmation fight into the curriculum, a pop up class called boys will be boys to examine accusations of sexual

assault at pivotal moments in history but what message is attending to students? here to discuss is the director of campus reform.com cabot phillips. what about this pop-up course have we learned? >> it is a more historical context. sexual assault is an important issue that should be discussed on college campuses. the concern a lot of americans have is when it is politicized entering into a left versus right issue. heather: colleges and universities notorious for taking the left side. >> it is something where the entire course is about brett kavanaugh is guilty and evil and if anyone supports him they are wrong. it is important for students to remember just because you're calling for debate and evidence does not make you a supporter of sexual assault but of due process. i hope the university offers reasonable discussion. heather: i would wonder if they offer pop up courses when

allegations were made against former president bill clinton? >> i doubt that is the case. is not isolated to this incident in vermont. campus reform broke the story leslie, southern maine, students came to dc, lobbied for no one brett cavanagh. university funding to do this, pulling out the last minute, a student was assaulted because they held a sign saying brett cavanagh is not guilty. no discussion, reasonable people can disagree on this issue but when it comes down to it -- heather: when you have law students from georgetown and harvard saying there should be no discussion and no debate that takes it a step further because those are the folks who should be standing up for justice and the way the legal system should work. >> they are getting it many

times from professors where due process is being ignored in a way of pushing political ideology. concern for all americans. heather: these are interesting. let's talk about the paul university forcing people to attend indoctrination lectures at the school to graduate. there is a long list, among them, fragility, another called construction, masculinity, another dealing with islamohphobia. >> a lot of schools are more concerned with social justice warriors them productive members of society. one course talks about supporting marginalized communities. i'm on college campuses a lot of time and a lot of students i meet poking their head and saying i can't vote for conservative. conservatives are marginalized

groups on campus and those people should talk about supporting different things. >> what does it mean supporting marginalized communities? >> they are pitched to the fray and don't get the same benefits of the people on campus do. conservative students are lacking in the most privileged and benefits. pointing out the disparity of what is going on on campus. >> we appreciate you doing that and bringing any information back to us, thank you. the time is 6 minutes until the top of the hour and we will be right back, stay with us. that's why capital one is building something completely different. capital one cafés. welcoming places with people here to help you, not sell you. with savings and checking accounts with no fees or minimums. that are easy to open from right here or anywhere in 5 minutes. no smoke. no mirrors. this is banking reimagined. what's in your wallet?

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heather: the white house found no corroboration of sexual misconduct allegations in the fbi reports into brett kavanaugh. should the vote move forward and should the fbi report be made public? your responses have been pouring in. allen tweeting yes and yes, transparency, not political interpretation. we have read. chris writing the argument will be made even though brett kavanaugh and ford have testified in the hearing, did not interview both of them. will collins and murkowski be okay with that? kathy commenting on instagram confirm asap, no to be made public as democrats will pick it apart word by word. brett kavanaugh has been through enough. send your comments, time for the good, the bad and the ugly the we begin with the good.

this canine didn't get a cake on his birthday but did catch a bad guy. chasing down the man in florida suspected of stealing from alone store. the sheriffs department wishing auto happy birthday on their facebook page. and the bad, the daca recipient accused of smuggling 17 pounds of meth, agents finding $34,000 worth of the drug in the trunk of his car. forget path and bottles, a fermentation tank popped open after spilling 8000 gallons in italy. this is flooding the winery causing a huge mess.

that wraps up this hour of "fox and friends first," today as always, "fox and friends first" continues right now, have a good day, goodbye. >> a fox news alert breaking overnight, the white house fully confident brett cavanagh will be confirmed, as the fbi closes its case. >> mitch mcconnell tees up a vote. >> personal information, endangering the lives of conservatives. >> i'm clear about my sweatshirt. it is too patriotic, i tell you what. jillian: does chris pratt have a case of the red, white and blues? rob: what he is wearing underneath that shirt. "fox and friends first" continues right now.