heather: it is monday october 8th. this is "fox & friends first". happening right now at 4:00 a.m., fox news for you. the limbo driver could be focused of investigation horrific crash that killed 20 people. withins say he was doing 60 down a hill when he blew through a stop sign. and in washington, democrats refuse to give up the fight against new supreme court justice brett kavanaugh. their latest tactic to remove him from the bench and taylor swift singing a different tune ahead of midterms, thousand super star is turning heads with newfound passion for politics.

"fox & friends first" start right now. ♪ ♪ heather: taylor swift getting into politics, people rise and sunshine all across the country on this monday morning, good morning to you, you're watching "fox & friends first". thank you very much for starting your day and your week with us. busy weekend, justice brett kavanaugh set for swearing testimony at the white house today.

republicans switching momentum to ballot box, democrats refuse to give up the fight, good morning, griff. what a weekend it was. >> what a weekend, tonight the president will hold a swearing in ceremony for the count troy watch in the east room of the white house at 7:00 p.m. eastern and the democrats are reeling from defeat and they are refusing to give up vowing to make voices heard at ballot box, nancy pelosi rallying the troops in this letter, deer colleague, gop's decision to confirm brett kavanaugh has wounded the soul justice of our country, we must not agonize but organize, health and financial securities of families across america. senate majority leader mitch

mcconnell says the momentum of the midterms has shifted to republicans. >> the overreach of the protestors at the capitol has actually energized the republican base particularly in red states where we are trying to pick out seats out across america. i want to thank the other side for the tactics. griff: should democrats retake control of the house, there's clear indication that they intend to open investigations into the allegations against kavanaugh but the gop senator who cast deciding vote susan collins says at the end of the day the evidence was lacking. >> i am convinced that dr. ford believes what she told us but we have a presumption of the innocence in this country and when i looked at the lack of any corroborating evidence i could not conclude that brett kavanaugh was her assailant. griff: meanwhile justice kavanaugh wasted no time getting

to work preparing on sunday for cases he will hear later this week meeting with four new law clerks all of whom are women. heather: 7:00 p.m. eastern? griff: that's right. heather: thank you so much, we are on it. while democrats melted down republicans worked together to muster the support need today push him across the finish line. tammy bruce says the gop take the momentum all the way to the ballot box. >> if anybody had told me even a month ago that i would be praising lindsey graham and susan collins i would have said i was crazy. the magnificent sing that kurt. with people having open mind, the shift has actually happened and people that we maybe necessarily didn't trust came through because whatever that the strength that president trump has engendered in everyone it was there, i also liked the

fact that we did come together, george w. bush, condoleezza rice calling on kavanaugh's behalf. the president was there for him. imagine what we can do incoming together. the gop establishment can put down fist and find this, it would be magnificent reformation that would move through next generations. heather: you heard griff talk about the house, the senate a major focus with 35 seats in play. to another fox news alert for you, other headlines, in north carolina all flags being order today fly at half staff tuesday to honor american soldier killed in afghanistan, army national guard sergeant clearing road when ied exposed. the 23-year-old just joined the military back in 2013, he served

as explosive ordinance specialist, promoted to sergeant after his death. and to another fox news alert for you, a birthday celebration ends in tragedy when a packed limbo blows past stop sign, all 18 people along with other two people killed in horrific crash in up state new york. among victims 4 sisters and 3 of their husbands, bryan llenas has details of deadliest car crash in history. >> i heard screaming. >> it's the deadliest transportation accident in the u.s. since 2009. stretched limbo packed with friends and family crashed on the way to a birthday party. all 18 people inside the 2001 ford excursion died along.

>> crossed the intersection into a parking lot and struck a 2015 to it highlander that was unoccupied an parrged. two pedestrians standing nearby were also struck and killed. >> the crash happening saturday afternoon in new york, near albany, witnesses say the limbo was speeding and blew through a stop sign. >> we heard explosion which i know now was a car crash and the trees -- you heard. >> the victims were all adults incloo uding one couple who were reportedly newlyweds. >> i have been on the board for years and this is one to have biggest loss of life we have ever seen.

>> bryan llenas fox news. heather: two victims were mother and father to two young girls. gofundme page to raise money for children 4 year's old and 2 months old. if you would like to donate go to foxnews.com. important story for you. emergency in florida as tropical storm michael threat tons hit the panhandle as category 2 hurricane this week, michael should slam the coast by wednesday dropping up to 8-inches of rain, strong winds already being felt some 175 miles away. >> this storm will be life-threatening and extremely dangerous. today is the time to get a plan, do not put it off. there isn't any reason not to be prepared to keep your family safe. heather: no evacuations have been announced so far, governor rick scott putting campaign on hold to focus on preparations.

heather: secretary of state mike pompeo landing in beijing over night for meeting with chinese counterparts. pompeo will not be meeting with xi jinping amid trade war that n in south china sea. kim agree to go second summit with president trump and allowing inspectors into a former nuclear testing site. >> we had a good productive conversation. >> no date has been set. deputy attorney general rod rosenstein set to meet with house lawmakers on thursday, republicans want to ask him about "the new york times" report that claims he discussed

secretly recording president trump, house intel committee chair devin nunes says they need to uncover the truth. >> i think it comes down if he was willing to wear a wire and secretly record the president, maria, some place that this country has never been before. i don't know of any time in the history of this country where you had people who are at the top levels of government conspire to secretly record a president so you can track the president into going to 25th amendment to removing the president, that's serious stuff. heather: unclear when rosenstein will meet with the president, although it is planned for thursday. president trump is heading to the sunshine state today, the president will speak at the convention of the international association of chiefs of police in orlando, he's expected to address some issues impacting

law enforcement officers around the nation and securing the southern border. we will see if the potential hurricane michael changes that, though, let's talk about some football, lots of excitement on the football field, hopkins making a huge catch in overtime on sunday night football, the play setting up houston texans to kick field goal for 19-16 over the dallas cowboys. and not so super sunday for defending bowl champs. philadelphia eagles lose to go minnesota vehicle negotiation rematch of last year's nfc title game and let's talk about the browns, cleveland browns just barely beating the baltimore ravens, rooky joseph kicking 37-yard field for 12-9 victory. browns first sunday win since 2015 and then the panthers,

kneeling in national anthem, let's talk about the gave itself, reed, one of the first players to protest with colin kaepernick but the panthers, this is what we want to talk about beat the new york giants in 33-31 thriller thanks to impressive 63-year-old walkoff field goal that. was quite a game, talking about some football. my team carolina panthers, i should have won my panther blue today. oh well, 12 minutes after the top of the hour, justice kavanaugh, we will talk more about this, about to hear his first cases on the supreme court, so what are they and what impact will his note -- vote have? one of our favorite attorney breaks down the cases up next.

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heather: brett kavanaugh to take bench set tomorrow and ready to hit the ground running, what would be one of the first cases to hear, here to break it out down for us constitutional attorney mark w. smith, we appreciate it. what a weekend it was and judge kavanaugh is definitely or soon to be justice kavanaugh is going to be very busy. let's talk about some of the warm-up cases which you call them. >> yeah, usually where the supreme court term starts october and go to june, the first couple of months are cases somewhat not controversial. not blockbuster cases, they tend to be technical cases for

lawyers and by lawyers, technical understanding, for example, the federal arbitration act or some pension law, something that people don't spend a lot of time focusing on. for example, right now a case that will probably come out anonymous about whether or not you can put a death a man who in 1985 killed a police officer but today suffers from dementia and now cannot remember what he did, you know, back then, the question -- heather: can't remember the crime can you be charged with it. >> he was sentenced to death but now he doesn't remember the crime. heather: interesting. >> does it violate the cruel and unusual punishment of the eighth amendment, that's probably unanimous, if you don't remember the crime, we can't you put to death now, we are going to keep you in prison but that's an example of case that i would say it's not going to be in the cover of new york times necessarily. heather: let's go into some of the more controversial ones, prompt further discussion,

number one being immigration. >> i think immigration is going to be a huge issue this term because you still have what i call civil disobedience by the unelected judges in the lower courts especially on places like california and hawaii who are certainly saying that we don't care what the president wants to do x or y when it comes to immigration, we basically can second-guess him and override and the supreme court has repealed and said, no the president makes decision about immigration and not the judges. justice kavanaugh will be consistent with the other issues executive branch is responsible for protecting the borders and not judges. heather: of course, all of the democrats saying that is one of the key issues and why republicans wanted so much to get him on the court. >> yes, that's right, the idea of the president protecting the borders goes back hundreds of years, that's a very basic thing

and in more modern times as resistance, if you will to the president's america first policies senate are applauding the judges, talk about press deans, judges in california, hawaii are simply not doing it and doing it for political purposes which is judicial activism which the left generally likes -- heather: you expect that justice kennedy is being replaced and second amendment will be talked some more? >> the supreme court sed that you have second amendment gun loaded inside of the home and not loaded gun outside of the home. whether your second amendment to keep and bear arms outside of your front porch, that's a case

where justice kavanaugh is probably more sympathetic to gun owners rights than justice kennedy was who was skeptical and on the fence about it. as we know from justice kavanaugh's prior decisions he's likely to be far more prosecond amendment than justice kennedy was and that's where you will see a big shift, i think, in american law because of justice kavanaugh being on the court. heather: well, you know, lots till june. thank you for getting through some of the key cases in 3 minutes. >> no problem. heather: 20 minutes after the top of the hour. liberals harassing conservatives, targeting a senator's family, carley shimkus has disturbing new threats straight ahead. (woman) learned to play an instrument.

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at home, with internet essentials. heather: welcome back to "fox & friends first", protestors taking disdain to republicans in support of justice kavanaugh one step further sending republican senator corey gardner's wife a gruesome video of beheading after prokavanaugh vote. carley shimkus with fox news headlines 24/77, siriusxm 115 is here with the outrage online, this is very disturbing, carley. carley: yes, absolutely. fox news chad was to report on twitter, amid kavanaugh furor, senator corey gardner tells fox that wife received text with video attached showing gruesome beheading and some have released

addresses of family members. donald trump, jr. responded on twitter, the left with no bounds, what they will do to intimidate the enemy, they don't play the game the way we do, the media, mainstream media covers for them and not let the norm become their norm. steven on twitter say chiming in saying this is truly disturbing, a lot of anger over this as you can imagine, this comes, of course, after the democratic congressional aide arrested for allegedly leaking the personal information belong to go three republican senators. heather: the fact that they had personal cell phone number. so taylor swift not too scared not -- to jump in political

arena. carley: posted long message to instagram, in the past i have been reluctant to voice my political opinions, i feel very differently about that now as much as i have in the past and i would like to continue voting for women in office i cannot support mar shea blackburn, voting record in congress appalled and terrifies me. well, conservative commentator candace owens shot violate to try to harness the energy that would make viral moments that we ended up seeing. carley: she later clarified the statement saying i said there were some official organizations in the mix who have staff and consultants that were part of the protests and some of them were helping individuals with tactics, that's not the same as people being paid to protest who don't care about the issues. so different than, you know, the organizations pulling someone off the street and say hey, hold

the sign but maybe hold the sign that it's not authentic as if they had no political affiliation. heather: thank you so much f carley. the time is now almost half past the top of the hour, president trump picking up another big win with justice kavanaugh's confirmation could that shift the momentum to republicans, closer impact in november and secretary of state mike pompeo says there's, quote, significant progress towards north korea getting rid of nukes, so how close is that to becoming a reality? national security analyst dr. rebecca grant another favorite assays that it all depends o next, she joins us live. today at tempurpedic.com

heather: welcome back, half past the top of the hour, major week of winning for president trump.

from justice brett kavanaugh being sworn in to unemployment hitting a 49-year low, so is momentum shifting for the gop ahead of the midterms, jennifer griffin takes a look. >> in the wake of narrow senate vote that allowed president trump to deliver on one of his key campaign promises to fill vacancies on the supreme court with a second conservative justice changing the balance of the court for a generation, the swearing in of justice brett kavanaugh may give republicans a boost in lagging energy heading into the midterm elections next month. according to republican strategists. >> the democrats have doubled down on resist and obstruct the past 2 years but this has brought all to the forefront. it's a clear choice, do we want resist, obstruct, delay. >> job figures this week are likely to contribute to republican momentum one employment figures at 3.7%,

45-year historic low. new polling shows a gop enthusiasm bounce compare today early september the number of republicans feeling extremely interested in the election climbed 2 points in arizona within the margin of error and 9 points in indiana, 8 points in missouri and 11 points in tennessee according to wednesday's fox news poll. democrats for their part are also feeling anger over the kavanaugh vote to focus on midterms, protestors at the capitol and on steps of the supreme court chanted about voting in november political action committee set up to counter susan sol kins who cast deciding vote has raised more than $3 million, in washington, jennifer griffin fox news. heather: she can no longer call herself a women's champion, she

decided who those who disbelief and even mocked survivers, the republican says that's wrong. >> i have never disregarded or mocked survivors, planned parenthood opposed three pro-choice justices just because they were nominated by republican presidents. heather: planned parenthood honored senator collins last fall for being a women's right champion. president trump and secretary of state mike pompeo lauding the latest meeting with kim jong un saying that talks of denuclearization and second summit are very real possibility what does this mean for future negotiations, thank you very much for joining us as always we appreciate it. >> good morning, heather. heather: sounds like a lot of work being done in positive direction, we have secretary of

state mike pompeo calling it, quote, productive and north korea saying productive and wonderful, what do you make of all this? >> those are pretty nice words but i agree this has been productive and here is why, pompeo has to get kim jong un used to the idea of having international inspectors to go back in north korea, they haven't been there since 2009, any real denuking steps while breaking down missile parts or inspecting materials will require huge inspection teams and this is what pompeo said what chairman kim has agreed to allow inspectors, a lot of logistics to work out but agreed to do it. heather: let's talk about what president trump had to say, he tweeted out obviously this was a good meeting, a come of things, he said he looks forward to see chairman kim insinuating the second meet willing happen, progress made on singapore summit agreement on both of those counts, what do you think?

>> yes, so president trump said back at the time of singapore that he would be meeting many times with kim jong un and this is critical because singapore is number one objective was to change north korea's relationship with the world, so that political good will, trump, kim, president moon in south korea that has to keep going and adding the agreement to allow inspectors back in sometime in the future is big. i think we will hear more details of that when they firm up the second summit. heather: yeah, as we discussed before in terms of inspectors needs to be done differently than the inspectors going into iran so hopefully we will learn something from that. let's talk about the second topic, dhs says that there's no reason to doubt china denials of hack attack, hack attack being alleged but shouldn't we be worried about china med until the midterms like president trump says? >> really, dhs needs to get act together, they gave a very

narrow denial about chinese spy microchips, apple and amazon said no, we don't have a problem, here is the thing, dhs cannot possible certify that supply chain is free from these attempts, we know china is trying to infiltrate and hack, heather, i'm not as concerned as midterms, dhs has a strong plan and system dispersed but we know that china is trying to infiltrate and use infected software to get into u.s. business, that's how china does business and that's a real threat. heather: we know that they've attempted to interfere in elections before, unfortunately we hear all about russia but we don't hear about china in the past, right now secretary pompeo meeting with foreign minister in china, do you expect this topic to come up? >> i think it will, obviously pompeo will debrief on north korea, but there's been a truth in the cyber war between china

and the u.s., that maybe off due to the tariff and trade disputes so i expect pompeo to raise the cyber hacking and china's long history of intellectual theft, we know they've hack intoed big programs and big companies and, yes, that's going to be on the agenda for pompeo. heather: interesting how the rhetoric increased prior to his meeting there in china, his fourth stop on the tour there. thank you so much for joining us dr. grant, we appreciate it. >> thank you. heather: 20 minutes until the top of the hour, fiery pledge from senator lindsey graham in the wake of kavanaugh fight. >> i have never campaigned against a colleague in my life, that's about to change. heather: he's so fired up. how he plans to keep republican momentum and take the fight right back to ballot box. what are your chance that is you'll win nearly half a million dollars in the mega millions lottery, we have the odds coming

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heather: welcome back, senator lindsey graham sending a warning to colleagues over the chaotic confirmation process. >> this is going to the streets at the ballot box, i'm going -- i've never campaigned against a colleague in my life. that's about to change. i'm going to go throughout this country and let people in these at purple states, red states where trump won know what i thought, know what i think about this process. heather: graham also sending message to senate majority leader chuck schumer saying, quote, if you want to pick judges win the white house. he's not messing around. well, quote, whatever what happens i'm just glad we ruined brett kavanaugh's life.

a writer on the late show with steven colbert slamming on the brakes after tweeting that. ariel is her name and now she says that it was actually sarcastic following up with the tweet, the last couple of weeks have been hard and sadness can be accurately conveyed at twitter and regret tone-deaf sarcasm and still works for colbert. was she still being sarcastic. amazon taking, tracee carrasco with the company's response. tracee: last month wall street journal reported that amazon employees had been bribed to share some information including customer e-mail addresses, well, amazon has fired the one employee after doing an

investigation. also alerting customers that their information including the e-mail address may have been shared. amazon saying that no other personal information though was shared just the e-mail, now they are saying in a statement that they are working with law enforcement on the prosecution of this former employee. heather: all right, we will continue to update people on that. but let's talk about this, who wants to be a millionaire, do i. tracee: i do. no winners over the weekend for the powerball and mega millions so the combine jackpot for the two, get ready for this, $752 million, yes, so tuesday's mega millions jackpot, $470 million, wednesday powerball $282 million, but the odds, i'm going to be honest, they are not great. if you want to win the mega millions, 1 in 258 million.

heather: no chance if you don't buy a ticket. tracee: that's true, you have to be in it to win it. heather: have a good day. time now 15 minutes until the top of the hour, let's talk about alexandria ocasio-cortez has an idea, get rid of electoral college, really, why the electoral college matters. place, the xfinity xfi gateway.

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heather: democratic party rising star has solution to prevent more justice kavanaughs in a tweet alexandria ocasio cortez i should say writes, it is well

past time we eliminate the electrical college, shadow of slavery power on america today that undermines our nation as democratic republic. here to react our panel republican strategists and democratic strategists howard franklin, thank you both for joining us, appreciate it. >> good to be with you. heather: what do you think about that? >> ocasio-cortez is a gift that keeps on giving. i knew she couldn't do math and i knew she couldn't do basic civics, i can't wait to be inaugurated and pass bills, i didn't think she was a winier, democrats want to change the game, every time they don't get the time and that is what ocasio-cortez will find out, the person who won the electoral college did not win the popular vote. heather: howard, just to toss it

over to you, we all know that president trump beat hillary clinton by 77 electoral votes back in 2016 as a result, you know, what the left is really upset about is when it comes to these justices and supreme court nominees actually judges in general this is his second one to the supreme court, he placed neil gorsuch and now kavanaugh and think the only way to stop this is to take away the electoral college, she's not the first to suggest this, hillary clinton has suggested taking it away as well. >> sure, i would say a come of things, first off, happy early birthday for soon to be ocasio-cortez, she never served in elected office and hasn't won general election yet and resist calls to make her spokesperson for democratic party.

i think we are making a big issue out of something. heather: you disagree with her on the electoral college then? >> i don't think -- i don't think my opinion or her factors in this discussion, when we get to a point, i think your point is well taken, democrats do know that we need to win elections in order to start the course for making decisions and i guaranty democrats are fired of november 2016 and elections in 2020. >> tom pérez and ocasio-cortez by her own admission are doing that and every time she slips up, shows exactly how nuts and how crazy some members of the democratic are which is very important for us when it comes to midterm elections to turn out people to show that the republicans can lead, frankly her ideas are so way out there, we would be foolish not to highlight them. >> i'm not saying that at all. we are not on television talking

about tomas and james, they are republicans who certainly have ideas outside the mainstream of their respective parties and we are not spending as much time -- heather: howard, jumping on what ford had to say, ocasio-cortez is all over the place representing the democratic party on mainstream media. listen to what she had to say on msnbc on friday. here she is. >> this political moment is sow unique and sometimes i feel like i have this job of being something of a social worker or a therapist in my district because this period has been so -- has been retraumatizing for so many folks and especially in a country where we do not have reliable access to health care let alone affordable health care. heather: howard, he's also a therapist. >> she's certainly busy, if and when she's sworn in congress in 2019 she'll come to learn

quickly there are plenty of other jobs than being spokesperson for a potential party. i think she's playing to constituent, i think you have to give a weight to people who are the minority leader in the house and senate before you take everything she says for the democratic party. heather: ford's final word. >> again, i would keep highlighting her because it's going to show exactly where the democratic party is going and how future rising stars are when it comes to trying to sway independent voters so i think this is a great thing. if i were to ocasio-cortez and i'm sure many democratic members like to see her between now and then. heather: we will see what happens when we head in to midterms 30 or 29 days away. >> 29 days. heather: we will be right back, with stay -- stay with us.

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heather: welcome back, the life of a fallen nypd officer is speaking out against andrew cuomo in campaign, criticism as the democratic lawmakers parole tends to freeing cop killers. >> betrays the trust of police families across everywhere and devalue its the life of my great husband. there's no parole from that. heather: the criminal convicted

of murdering husband and partner in 1971 was released in april and granting the right to vote, cuomo appointed parole vote that made the ultimate decision. well, the governor of mississippi is outraged over high school ban half time show that depicts guns at gunpoint, governor phil bryant saying unacceptable in society, someone should be held accountable, school officials say that the skit was on hostage scene from the movie john cue, the director on administrative leave, the display coming days after two police officers were killed in the line of duty in a nearby town. so we asked for your opinion on this and your thoughts have been pouring on social media, robert on facebook, the band leader should be fired, bill tweets pathetic, band directors should be fired and students expelled. it's hard to believe that any

school would allow such a thing and don't miss mississippi police chief walter armstrong on "fox & friends" later this morning to react. well, time now the good, bad and the ugly and first as always the good, firefighters in new orleans welcomed 7 babies in just 11 months. the department snapping this adorable photo of all the babies on their father's jacket, look at that. so cute. now the bad, the driver takes the phrase going to a spin, truck flipping through the air landing on top of red car after crash in arizona somehow amazing no one was injured and finally the ugly. a nonprofit wants to ignite the claims of inclusion with a statute of the virgin mary welcoming illegal immigrants, fund the project that would look over the san ysidro border outside of california church,

inspired by the statute of liberty and comes in response to the trump administration's immigration policy. that wraps up this hour of "fox & friends first", hopefully you have a great week ahead. "fox & friends first" continues right now, though, see you later, bye bye. rob: all right, monday october 8th, the supreme court showdown still waging in washington, democrats making brand-new demands and threatening to take fight to next level if they win in november. julie: and breaking overnight, secretary of state mike pompeo arrived in china on the heels of his visit to the korean peninsula. rob: what both countries are saying about a second summit between president trump and kim jong un. >> even at this moment of peril remind americans of our nation's original motto, something that i think about a lot and what seems more important today than ever