[gunshots] heather: this is "fox and friends first". happening right now at 4:00 am a fox news alert. you saw that chilling video capturing the moment a night of fun turned into an and thinkable nightmare. what we just learned about the california gunman's troubling past as police search for a motive. >> here for one purpose, to steal this election, i will fight this all the way and when it.

heather: showdown in the sunshine state. i democrats trying to steal the election? the major legal step rick scott just took to try to keep his future senate seat. you can board early if your servicemember traveling with a family. what about particular allergies? one more perk to passengers. "fox and friends first" starts right now. ♪ oh my god ♪ it's the weekend ♪ hands up for the weekend ♪ oh my god ♪ it's the weekend ♪ hands up for the weekend ♪ ♪ shannon: todd: 1 watching "fox and friends first" on friday morning. thank you for starting your day,

ending what has been a very busy week, very traumatic day yesterday. authorities revealing brand-new disturbing clues as they tried to piece together what sparked an ex-marine to walk into a california bar and opened fire is terrifying new video paints a dark picture of the final moment for 12 innocent people who were murdered in cold blood. jackie ibanez joins us with new chilling details. you were here throughout the night. listening to family members come forward was heart wrenching. >> reporter: we are learning new information this morning. look at this video from inside the borderline bar and grill showing terrifying moments. [gunshots] >> reporter: people taking cover, hiding under pool tables,

using bar stools to smash out windows to escape as we get a look at the 12 victims, among them a survivor of last year's massacre in las vegas, other survivors of last year's mass shooting managed to escape, also killed an aspiring soldier, freshman and a security guard. the fbi and police scouring the 28-year-old suspect's home where he lived with his mother, the home 5 miles from the borderline bar. police say long used a handgun with an extended magazine in the attack. the sheriff says long is known to his agency. >> deputies were called to his house for a subject disturbing, they went to the house, talked to him, he was somewhat irate, acting irrationally. they called out our crisis intervention team, mental health specialists who met with them, talked to him and cleared it.

>> reporter: long served from 200822013, the organization, the marine corps extends its deepest condolences to the families of the victims in this senseless tragedy, honoring 29-year-old veteran of the force, sergeant ron helus killed in the attack. he was first on the scene, 150 people were inside the bar at the time of the shooting many college students. heather: adam housley who previously worked at fox news, his niece among those. acting attorney general matthew whitaker has no intention of bowing out of the russia probe. this according to the washington post. after a dozen democrat state attorneys general demand his recusal, there letter suggesting he has been hostile towards the mueller investigation.

they want rod rosenstein to supervise the probe. more on that coming up. nancy pelosi is 100% confident she will be the next house speaker after democrats retook control of the chamber. >> it is an urgency i can't resist. hillary clinton had won, our affordable care act would be protected and i could go home. we always wanted to go home. that didn't happen for our country. heather: the former speaker is receiving tremendous support after announcing her run. 23 new and incumbent house democrats said they are against pelosi grabbing the gavel. the other big story this week, the midterm elections are far from over. democratic election officials in florida sued by governor rick

scott, accused of trying to steal his election to the senate. griff jenkins joins us with the latest on what scott is calling rampant fraud. >> reporter: here we go again. two of the closest watched races in the country headed for recount in the nation's recount capital, florida. in the race for the senate governor rick scott's leaders narrowing. scott leads by less than 18,000 votes or 0.22% as nelson prepares for recount, governor scott is suing the democrat election supervisors in broward and palm beach county accusing them of rampant fraud and calling on the department of law enforcement to investigate. >> we won, i'm going to be the us senator, i will fight this all the way. we will do everything we can looking at every legal remedy we can exercise. we will fight this and when this. >> reporter: under florida law,

any race with a margin of half of 1% or less goes to a recount. in the race for governor, a razor thin recount territory, democratic tallahassee mayor andrew gillam who conceded the race on tuesday night is gearing up for a fight according to his lawyer. >> he is just waiting for the system to play itself out. this is part of the electoral process, part of the vote county and he will accept the results. >> reporter: dissenters's lead is 38,000 votes or 0.44%. it is not all about florida. order's race for governor, stacy abrams counting on uncounted absentee ballots to force a runoff with brian kemp, the current secretary of state says there are not enough votes left to force it. we will see what happens but it is not over yet. jillian: hashtag hanging chads again. thank you so much.

democrats pinning their hopes on recounts to keep florida and arizona races in play and talked about georgia. national security analyst morgan ortagus says these are only happening in races where republicans have leads. >> two things we excel at input, hurricanes and recounts. this is the season for both of those things. what is going on is almost a second election within an election. we have moved past the general election. this is coming down to legal, lawyers, in pr strategy. the one thing the florida recount has in common with the arizona recount or georgia recount is republicans on the senate and governors races are ahead in all of these. there is a big lesson to be learned on the democrat side as relates to florida. you saw the republican machine

rick scott has built in the past eight years being governor really come out here. heather: kristin sinema has a lead over martha mcsorley. welcome justice brett kavanaugh to the supreme court, joined by his wife and several former colleagues from the dc circuit court of appeals, he did not take the traditional walk down the courthouse steps over security concerns. missing at the ceremony was ruth bader ginsburg who is recovering after breaking three ribs. that raises new questions, how much longer she will serve after falling in her office on wednesday. the 85-year-old is the oldest supreme court justice. if she steps down donald trump would appoint a third justice. the pittsburgh steelers could not be stopped by the carolina panthers.

>> this one down the sideline for brown. he has got it. he has got another, touchdown steelers. heather: been rough was burger throwing a 53 throwdown, the defense shutting down cam newton, returning an interception for a touchdown. final four, 52-21, steelers have won five straight games. haven't seen that since the super bowl. 10 minutes after the top of the hour, across the border illegally, lose your chance at asylum, the new immigration policy just unveiled by the trump administration and jeff sessions out of the doj. was on the shortlist to replace him as attorney general? breaking down the top three front runners next.

>> welcome back, watching "fox and friends first," the rumored shortlist to replace jeff sessions narrowed down to three. new jersey governor chris christie, outgoing florida attorney general pam bondi and senator lindsey graham but our next guest has his own list as well. let's talk about this, senior legal fellow for the heritage foundation john malcolm, thank you for joining us. the speculation begins immediately. it began a while ago because it wasn't a huge surprise to a lot of folks. let's go through the folks who are rumored to be top of the list but with this president you never know what he is going to do. let's talk about pam bondi. what do you think of her? >> he is terrific, outgoing attorney general from the state of florida. she is very bright, dynamic

personality, frequent speaker at republican events. heather: chris christie is a familiar name to a lot of folks. >> very public profile for chris christie, former us attorney from new jersey, went on to be governor. he has a lot of executive appearance and those is affirmative justice very well, whether the president will put up with somebody that larger than life figure or not remains to be seen but he knows chris christie well and they have a relationship that goes back quite some time. heather: lindsey graham, speaking of high profile, the real spartacus was the nickname he took over after the brett kavanaugh situation. what about him? >> lindsey graham would do it next one job. he knows the department of justice extremely well. he is a lawyer, he was an air force lawyer, air force prosecutor for a number of

years, he certainly did a tremendous job during the brett cavanagh hearings and been supportive of the president after starting out with a not so great relationship with the president when he first took office. i think his fellow south carolinian, trey gowdy, federal and state prosecutor, will get a serious look and other people will be looked at seriously as well. heather: lindsey graham released donald trump's telephone number on twitter but now they are buddies. what about the acting attorney general, matt whitaker, taking over? >> he has a lot of experience as well. the senate confirmed united states attorney from iowa and served with distinction in that position for the last year. he has been the chief of staff to jeff sessions, certainly familiar with jeff sessions's thinking and all the political

appointees at the department and have a relationship of sorts with the president. he accompanied jeff sessions to the white house on a number of occasions. shannon: a lot of people have a problem already saying he should not take over the russia investigation. what does it mean moving forward? should whitaker stay in place a one of these other folks take over for the russia investigation? >> any talk of interference by matt whitaker is premature and far-fetched. he was a commentator before coming sessions's chief of staff and made comments, if mueller starts investigating personal finances that would be going too far but he hasn't done anything to cross the line and question his impartiality. bob mueller is wrapping up his investigation and prepared a report. any other incoming attorney general to do anything like that.

>> what about the role of rod rosenstein in the investigation? >> rod rosenstein has been having day-to-day oversight of the investigation. he has done well at night since he had to do that and, to denigrate rod rosenstein and interfere with rod rosenstein with respect to any review of that. heather: that pushes the mueller report to come out sooner or later. the time is 18 after the top of the hour, republicans keeping hold of the senate as democrats take control of the house was why we could soon see a flood of conservative judges filling vacancies on the federal judiciary.

remember this? unreal. snoop dogg pretending to assassinate donald trump. the wrapper is back with a brand-new video taking aim at the president. ♪ i am a family man.

i am a techie dad. i believe the best technology should feel effortless.

like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome. >> the trump administration rolling out a new immigration policy is the migrant caravan grows closer to the border. after the policy any migrant who attempts to cross into the country illegally will not be eligible to claim asylum in the us unless they do so at an official border crossing. this comes as several appeals courts block the administration's moved to end the daca program a judge ruling it is not in accordance with the

law. the justice department has asked the supreme court to intervene on daca. the ruling comes on the heels of donald trump's trip to paris, set to meet with world leaders as they mark 100 years since the end of world war i. he will be joined by the first lady on a 3-day trip. the president says he will not meet with vladimir putin there. the two are expected to sit down at the g 20 summit at the end of the month. after holding the senate republicans are full steam ahead of donald trump's judiciary nominees. >> the president has done an excellent job picking young men and women who believe the job of the judge is to follow the law and we intend to keep confirming as many as we can as long as we are in position to do it. heather: can they flood the courts with conservative judges? here is gail trotter, spokesman

for the judicial crisis network. thank you for joining us so early this morning. let's take a look at the numbers so far. since donald trump has taken office 84 judges have been confirmed through the senate appointed by donald trump to supreme court justices and 29 judges to us appeals court. do you expect the trend to continue at this point? >> he is. election results tuesday night were clear mandates for the trump administration and the senate to move will speed ahead on filling up these vacancies in the federal courts. there are many vacancies, many nominees. people are in the pipeline to go for their hearings and there will be more nominees from the trump administration and this is a vitally important part of the president's job and the senate is there to evaluate and confirm these nominees the administration is putting porn and the public has shown it

appreciate the excellent nominees donald trump is putting forward and appreciate the hard work of the senate to confirm these nominees even in the face of democratic opposition. heather: let's talk about public appreciation as we look at the vacancies you are talking about heather: let's talk about public appreciation as we look at the vacancies you are talking about. 111 district court of appeals open right now. we have pending nominations, 48 in the district court and the court of appeals, something the public did not appreciate was treatment of brett kavanaugh. >> we could call that another clear message from the election results. there is the brett kavanaugh effect. if you look at senators from states that went for donald trump two years ago they lost their election or once votes were counted they are going to lose their election. look at heidi heitkamp, claire mccaskill, joe donnelly from indiana and probably bill nelson

and yet the one senate democrat who decided to put that aside and judge brett cavanagh and confirm brett kavanaugh to become justice cavanagh won his election. you can see the kavanaugh effect with election results. heather: with these appointments pending we have a lot going on. these lawsuits involving recounts and three different states, the asylum, migrant caravan going forward. >> the nominees being put forward are fair and independent. these are nominees who if confirmed will follow the law, they will not put their personal policy preferences into their decisions. they will be the kind of judges americans want who can rise above politics, leave the

legislating to the people and representatives of the people and we see that the quality of the nominees supported by the trump administration and the same quality of nominees going forward. heather: ruth bader ginsburg falling and breaking 3 ribs, we will see how long she is on the court. gail trotter joining us live. the time is half past the top of the hour. tense moments as two state troopers race to save a man trapped in a burning car. the heroic rescue caught on camera and the left is taking back the house but there's a new movement urging democrats to walk away if they can no longer relate to the party. leading that initiative, brandon strock a here to talk about it next. ♪ should i stay or should i go

♪ should i stay or should i go ♪

heather: the search for missing 13-year-old girl intensifying, new surveillance video of a man they want to question seen walking near aguilar's home near the time she was taken monday. authorities finding the stolen is uv used to kidnap her in nearby woods. witnesses say she was forced into the vehicle after being snatched from her yard. her mother keeping faith that she will be found safe. and ohio man allegedly caught in the act trying to join isis pleads not guilty. federal agents arresting nasser al madaji trying to fight because extend. he was trying to get to afghanistan for weapons training. records show he wanted to start a civil war in the us.

he could spend 20 years in prison. nikki haley setting the record straight, the ambassador to the un explaining why north korea canceled a meeting with mike pompeo. >> they postponed it because they were not ready. the parts will be rescheduled and the summit is still scheduled for the president and kim to meet after the first of the year. heather: it is north korea after and to act in the us stands ready to talk if they are. tributes pouring in online as the victims are identified in the deadly california mass shooting. carly shimkus with serious xm 115 is here with how those lives are being remembered. >> the country music world is in morning after a gunman opened fire in the borderline bar and grill, a country themed music bar in thousand oaks,

california, killing 12 people inside. among the dead a sheriff sergeant, ron helus, the first officer to enter the bar. country music singer carly daniels honored him in a tweet saying another blue night was lost in the act of protecting and serving, so many brothers and sisters before him, died saving lives, no sense in calling, rest in peace, severe condolences. leanne rimes also responded, the news of the shooting in thousand oaks last night, i heartbroken for the victims and their families, but hits too close to home. my heart goes out to everyone affected by the tragedy. yesterday, adam housley and his wife tamara learns there 18-year-old nice was killed in the shooting. they released a statement, our hearts are broken. we just learned our niece alayna was one of the victims of last night's shooting at borderline bar in thousand oaks.

alayna was an incredible young woman with so much life ahead of her and we are devastator life was cut short in this manner. we thank everyone for your prayers and asked for privacy at this time. this is the second mass shooting to affect the country music community. heather: there were folks in that bar who survived las vegas and that shooting yesterday. >> of 27-year-old man who survived the las vegas shooting tragically died. heather: watching their responses online yesterday was heart wrenching. especially one of the dads. new.smoking marijuana near the white house, his message for the president. >> let's rewind, first he came out with this anti-trump music video. ♪

>> now he is adding marijuana to his anti-trump message, lighting up outside the white house. watch. >> i'm at the white house taking a smoke. >> does this surprise you? he posted that instagram so he will get comments online, trying to stir up trouble to get his name out there again. what is the purpose? another person on twitter says perfectly okay to disagree, but disrespect is uncalled for. stirring some headlines. heather: looking for attention and we are giving it to him. his cooking show with martha stewart is not doing well. i say that as a segue to the chicago diner. >> what kind of foods do you want to eat around christmas? we have candycane, hot chocolate, a hotel in chicago serving of a dish inspired by buddy's menu in the christmas

movie elf. ♪ >> one of my favorite movies of all time. i was excited to see that. the diner in chicago is serving up a spaghetti sunday with strawberry, raspberry sauce, marshmallows, pop tarts, eminems. should i try it? heather: someone who would like it would be snoop dogg. thank you so much. if you do try it, let us know. democrats celebrating a major victory after taking back power in the house tuesday. is the left using this is an opportunity to push their far left agenda? or is an opportunity for both

sides to put country over party? and do what is best for the american people? our next guest is a former democrat leading movement away from the far left strategy but he says no longer matches his values. he is founder of the walkaway campaign. he joins us with his thoughts. thank you for joining us this morning. you had your first big march in washington dc october 27th, big turnout, 1000 folks. a lot of people must agree with you. >> a lot of people do agree with me the campaign began on facebook, a testimonial campaign. we have 215,000 patriots in the original facebook group this all began. 4000 of those on social media platforms. we are a presence. heather: democrats did take the house, not entirely unexpected. this is an opportunity for less people to walk away from the party if they are willing to

work together with republicans? >> it could be but do we know what their plan is? we've been waiting years to hear the plan. all we have seen is we hate the president, resist, resist, resist. what is the plan? that remains to be seen. i would love to be optimistic. i would love to believe they want to come in with a spirit of cooperation, do what is best for the american people, that remains to be seen. heather: if more members of the party, if they choose to walk away, do you think that would force democrats to move in more of a conciliatory direction? >> this has amazed me all along. what i created here was a video testimony and said time and again if the democratic party would go to my group and watch the video testimonials it is like a focus group for them. they could watch what the american people are saying and say this is where we have gone

wrong but they are not doing that. they are sticking with this we hate the president plan and it is not working. we 20 they seem out of touch. take a look what happens in the midterm elections with their use of hollywood celebrities, doesn't seem to have worked last time around in 2016 for the presidential election. >> the underestimate the intelligence of the american people. i did too as a former liberal. since i have become a conservative which i consider myself, i have seen just how intelligent and informed these people on the right are, people in middle america that a lot of people in the left thumb their noses at these people. they are much more informed than a lot of people on the left our government works, what they want for america's future and they are not going to be persuaded by oprah winfrey and beyoncé and jay-z because they know what is best for their families and their futures and their lives.

heather: you talk about jv, those are few and far between. they can't relate to middle america, getting a paycheck, needing a job, working every day to have your family succeed. >> they are not in touch with who these people are. this has been a huge basis of re-creating the campaign too. i was shocked, i feel bad saying it, these are good patriotic people and to constantly portrayed by the media as racist, bigots, that is not true at all. these celebrities on the left are completely out of touch with the american people. heather: good luck with your campaign. hashtag walkaway, thank you. the time is 20 minutes until the top of the hour and democrats creeping into seal a seat in

arizona while brian kemp declares himself the winner of the georgia gubernatorial race but stacy abrams refusing to cave. the race too close to call up next. how about having to show your id to get a cup of coffee? the new proposal that is brewing. ♪

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>> you are watching "fox and friends first". the race for governor, georgia governor turning into a battle after the polls close. stacy abrams refusing to concede as brian kemp declares victory resigning as georgia's secretary of state. >> there are enough votes that have not been counted that could cause a runoff. we will litigate until we determine every person's vote has been counted.

>> reporter: abrams called for kemp's resignation over his role in overseeing the state's election pressing a lawsuit over and uncounted absentee ballots. camp says he is stepping down to transition to the governor's office. he is currently in the lead but the race has not been called. the senate race in arizona is up in the air as well. democrat christians inema pulling ahead of martha mc sally but election officials say they have 400,000 votes to count. the race plays a big role in the scope of republican control of the senate. driver danger, hundreds of thousands of subarus pulled off the road. tracy carrasco from foxbusiness with what we need to know before we leave the house. >> reporter: this is two separate recalls from subaru, 400,000 vehicles involved, the first covers 229,0002018 outback and legacy vehicles. that is because there's an issue

with software. the low fuel light can not display properly so you can run out of gas, stall and that could result in an accident. the other issue covers 166,000 vehicles, the 2012-2014 express, 2013 brc, x the cross trek and psion frs. the engine valve could break which could cause the vehicle to stall. two serious issues. heather: american airlines going to allow another group to board early. >> if you suffer from a peanut allergy you will be able to board your american airlines flight early so you're able to wipe down the area you are sitting in to avoid any exposure to allergens. american airlines making this change after receiving

complaints. they don't serve peanuts on the flight but there is a chance you could be exposed to the peanuts which is the issue. delta airlines allowed something similar. heather: if you purchase the upgrade to board early you have to wait for groups to board before you. >> not sure how they will enforce this. will you need a doctor's note? i don't know, a tough one. heather: thank you so much. the time is 10 minutes until the top of the hour. the migrant caravan marching toward the us getting closer and closer every day. peter maurice he sounding the alarm how expensive this would be for the country if these illegals cross the border. he is live up next. i am a family man.

i am a techie dad. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome.

heather: as the migrant caravan closes in and donald trump announces measures to limit asylum to those entering the country illegally our next guest says those thousands of people entering at once could major impact on our economy. joining us is peter maurice the, professor of business at the university of maryland, great to have you with us. we keep talking about the humanitarian aspect of this but you are talking about the money and we according to you can't afford it. >> we can't afford it economically and we can't afford it culturally. is not just the 6000 but hundreds of thousands and perhaps millions that would come from central america which is a dystopia, venezuela and other places in south america all marching north. germany had this problem. they admitted 100 million syrians and other middle eastern errors.

now they can't find work, they make cities unrecognizable, they look like san francisco. we went every city in america looking like san francisco, let the 6000 in because millions more are following. heather: the number keeps changing. estimated 7, to 10,000 central americans moving north at this point. this comes on the heels of the president announcing yesterday new measures to deny asylum to these folks. they have to go to an official checkpoint to seek asylum but you say one way or another even though seeking asylum -- >> not just that we can't afford it. we don't have to grant them asylum. they are not refugees anymore. what they are doing is cherry picking like the syrians that came into italy and hungary. go to germany to get rich welfare benefits. they are coming because george soros is telling them come to

america, we what your welfare, have kids, they can vote democratic and so forth. this is a plot to change america culturally. if you have a couple hundred thousand immigrants a year in a country the size you can assimilate them, teach them american values and so forth. if you have millions come in they don't assimilate and they change the country. do we want america to be like honduras? heather: what about them coming in and having children? we hear about birthright citizenship, the president had that interview with actio's. >> the 14th amendment was written and specifically intended to emancipate and provide civil rights for african-americans. the architects of that bill, of that amendment specifically said that the notion under the jurisdiction of the united states is very precise.

it certainly doesn't provide for people who sneak across the border, have a baby to establish an emotional tie, to then be able to say they are american citizens. that is absurd. they don't do this in europe, don't know why we should do it in the united states. democrat love it. they want us to be more like france, let's have french rules, birthright is not a rule over there. heather: you are fired up this morning, it has been a busy week. thank you so much, we appreciate it. the time is 6 minutes until the top of the hour. dramatic rescue caught on camera. >> get out of the car. heather: the moment hero troopers save a man from a car engulfed in flames we tell about having to show your id to get a cup of coffee? it is all needed to vote, the

brand-new proposal that is brewing. ♪ walking on sunshine ♪ don't it feel good ♪

♪

heather: kick a little dust up this weekend. it has been a long week. you are looking at a live shot at new york city on this friday morning. thanks for joining us on "fox and friends first". let's talk about the good, the bad and the ugly and start with the good. police rescuing an unconscious man from a burning car. stop what you are doing and take a look at this. >> get out of the car! there is a fire! heather: new jersey state troopers pulling out the driver before the car was fully engulfed in flames, this after hitting a guard rail and through all of this no one was injured. now the bad. a cargo truck slamming into the ceiling of the tunnel. rush-hour traffic grinding to a halt, heading into boston after

the canadian driver didn't realize his truck couldn't fit. no one injured in this one either but probably some big headaches. finally the ugly. a big-time european coffee chain brewing lots of outrage online because of this was a cup of coffee allowing companies to refuse coffee to anyone under 16 years old and even ask for id. the company says it doesn't encourage kids to drink caffeine. it can stunt your growth. that wraps up this hour of "fox and friends first". "fox and friends first" continues, goodbye. rob: it is friday, november 9th, fox news alert, caught on camera, the chilling moment a gunman opened fire in the middle of a packed california bar. jillian: the victims are identified. rob: in politics the race for the recount, rick scott defined democrats in his fight for the florida senate. >> i will not sit idly by while unethical