>> it is tuesday, november 20th. at 4:00 am on the east coast. while you were sleeping obama appointed judge just barred the us from enforcing donald trump's asylum then. the administration's next moved to secure the southern border. breaking overnight, killed in the line of duty, chicago honoring an officer who hero likely died in a hospital rampage. >> what the heroic offices always do, ran toward gunfire.

>> courage and bravery today. heather: the war on cops escalated to alarming new numbers. shock turning to gratefulness. the unexpected surprise on the bathroom sink of joanna gaines's 8-year-old daughter. "fox and friends first" starts right now. good morning to you. you are watching "fox and friends first" on this busy tuesday morning. thank you for starting your day with us. starting with the fox news alert, the trump administration barred from refusing asylum to immigrants who cross the border illegally. doug luzader joins us from washington with more on this breaking story as we learn hundreds of criminals may be traveling with the migrant caravan.

>> reporter: a setback for the white house in court, a federal judge in san francisco has ruled they cannot apply these new rules that require immigrants only pass through designated border checkpoints to a claim asylum. that is why we limit the us response, the part of homeland security says there is a criminal component to these caravans. >> the caravan has been different not only because of its size but because of the violence, the criminal elements in the caravan, the use of force. >> reporter: mexican outrage is growing in tijuana which has become a staging ground for the migrants who were hoping to cross into the united states. >> i'm not in favor of them coming the way they did. it feels like they invaded. >> reporter: customs and border protection beefing up the border area because they fear some of

these migrants might rush the border. heather: as the migrant advanced balls former acting ice director tom homan says this is proof donald trump's plan is working. >> we have a president that believes in full of law, a president who supports the border patrol and ice, he's doing his job so what is going on in mexico, they are waking up, their country, their sovereignty has been attacked, these people went through the southern border, assaulted federal officers, mexico saying enough is enough and the reason this is coming to ahead is because donald trump is thinking policy, not our borders close to business so what he has done is forcing the caravan to be stuck in tijuana, put this issue on the front burner. everything he has done on this border, i am glad he is there. everybody's talking about how he will be successful in this.

shannon: deal wanna said these migrants are no longer welcome and is calling on the mexican government to deport the caravan members as soon as possible. breaking overnight a man is under arrest accused of attacking a police officer with a knife outside a police station in brussels. local reports say the man yelled god is great in arabic. the police officer is expected to survive. no word whether the attack is terror related. the city is on high alert for attack since 2016 when terrorists bomb the airport and metro station. 32 people were killed. another alert, 79 people were killed and 700 missing in northern california's monster camp fire, search crews worn some people may never be found due to the intensity of the wildfires and their racing against time because tomorrow's expected rain which could make

rescue efforts more difficult, officials were heavy downpours could trigger mudslides in already devastated areas. tragedy in the windy city, 3 people are dead including a police officer and a doctor, a gunman opened fire at a hospital. hundreds of people lining the streets honor the fallen officer. anita vogel is live with what sparked the violence. >> it was a chaotic scene, a place people go to have their lives saved with 3 innocent people just murdered outside mercy hospital in chicago. it started in the parking lot. juan lopez arguing with tamara o'neill who split off their engagement in september, he pulled a gun, shooting her several times and killing her. then he ran inside the hospital

firing shots at officers and anyone in his way and another female employee was shot and killed. witnesses described the chaos. >> radiation treatment and as we walked to the car i had to fall to my knees, it started instantly like a gunbattle. >> it was chaos, mass chaos. he started shooting at random. shannon: officer samuel jimenez shot and killed, responding to the violence. >> they did what heroic offices always do, ran towards the gunfire. they weren't assigned, they went. that is what we do. >> reporter: officer jimenez was with the department for 18 months and leaves behind a wife and three children. a second officer was shot with a bullet struck his holster.

the gunman was shot and killed inside the hospital but it is unclear who pulled the trigger. so far this year 45 officers have been shot and killed in the line of duty, that number exceeding last year's total of 38. officer jimenez exchanged gunfire with the shooter. were it not for his quick and brave response no telling how many more people might have been injured or killed. he is being hailed as a hero. >> thank you. chicago to florida, for official certifying election results today after two weeks of recount chaos in key races. republican rick scott as florida ave. senators and run dissenters as governor. the in battleground election supervisor brenda snipes has resigned. new overnight an actress filed a

restraining order against michael avenatti. court records show maryellen the annuity filed a domestic violence order in los angeles where avenatti was arrested. it is not clear if this is the same woman who accused him of domestic violence. avenatti says i never abused a woman or committed to mystic violence against anyone. any claim to the contrary is fabricated. ivanka trump's lawyer slamming a report she used her private email for government business. the washington post claim the white house advisor may have violated federal rules using a personal account to communicate with white house or cabinet officials. a spokesman for trump's lawyer tells fox news, quote, there was never classified information transmitted.

the account was never transferred or housed at trump organizations. no emails were ever deleted. they say ivanka reviewed her practices and explained the issue to congressional leaders 14 months ago. the white house has new rules for the press after the dispute over jim acosta. journalists will be allowed one question each and will only be given a follow-up at the discretion of the official. the white house -- cnn says it's lawsuit against the administration is no longer necessary. it is beginning to look a lot like christmas at the white house, donald trump and milania receiving their first official christmas tree delivered via horse-drawn carriage. the 20 foot tall fraser for hand-picked from a farm in north carolina will be decorated at the end of the blue room at the white house.

this game lives up to the hype, the la rams come on top in the highest scoring monday football game ever. >> touchdown! >> reporter: the rams scoring a touchdown late in the quarter securing a 51-51 win before the game, the rams honoring the first responders from the woolsey fire and thousand oaks shooting, and people impacted by the tragedies afterwords. the time is 10 minutes after the top of the hour, a cold-blooded killer he the serrated by his father in law for brutally murdering his pregnant wife and their two daughters. >> i trusted you to take care of them, not kill them. and trusted you. the heartless monster, you take them out like trash, you disgust

me. >> reporter: the motive just revealed by prosecutors as he is sentenced to life in prison. democrats stepping up the pressure on acting attorney general matthew whitaker filing a lawsuit to block his appointment. whitaker's designation is supported by supreme court precedent and he is live up next. ♪ (inspiring music) - [narrator] this is an urgent message from the international fellowship of christians and jews. there is an emergency food crisis for elderly

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shannon: welcome back, democrats are taking their fight to oust matthew whitaker all the way to the court claiming his appointment is a violation of the constitutional appointment clause. do they have a case? joining me with expert insight is constitution internally chris coburn. we appreciate you joining us. has we begin our discussion we can pull up the democratic senators suing to stop the

whitaker appointment, 3 democratic senators filed this lawsuit monday in federal court. what do you expect, if anything to come of this? >> this lawsuit is based on a provision of the constitution that requires cabinet members and government officials to get confirmed by the united states senate and both sides of this controversy are making legitimate arguments donald trump has the benefit and advantage of saying his position is supported by supreme court precedent, acts of congress spanning 3 decades dating back to 1792 and hundreds of instances where presidents have made similar appointments in the past. >> we can say the justice department, here is their statement, there are over 160 instances in american history in which non-senate confirmed persons performed on a temporary

basis the duties of the senate position. to suggest otherwise is to ignore centuries of practice and precedent which is what you were just saying. >> it is actually 160 cases until 1860 so since 1860 we have seen many more examples than the first 160. >> you said it comes down to a 2 word phrase in the constitution, principal officer. >> there's a lot of noise surrounding the appointment of whitaker because of the mueller probe but the legal question is quite simple. it comes down to the meaning of principal officer and whether an acting attorney general consider the principal officer under the constitution. there is no doubt whoever trump nominates to serve as attorney general for the remainder of his term, there will be a principal officer that require senate confirmation but that doesn't apply to an acting attorney

general appointed temporarily, serving more than 210 days. >> there have been challenges to his authority as special counsel, robert mueller took some pains to issue a statement, he issued a statement the designation of matthew whitaker on november 7th has no affect on this case whatsoever. >> that didn't surprise me at all. robert mueller's authority as a special counsel based on one set of laws. donald trump's authority to appoint matthew whitaker is based on another set of laws and even though we like to conflate the two, it comes down to different laws and the courts are looking these lawsuits differently.

heather: something you said you don't expect this to go all the way to the supreme court but you said it would be interesting to see if it did because you would expect this would not necessarily break the way people would expect it to. >> it splits in favor of trump based on precedent but i don't think it splits an ideological lines. i would expect liberal justices sonja soto mayor and ruth bader ginsburg could be ruling in favor of donald trump where as a conservative justice like clarence thomas could be leading the contingent of justices that rule against donald trump so that could be interesting to see. shannon: thank you for joining us. have a great day. the time is 18 after the top of the hour. she bombed at the white house correspondents dinner and now

michelle wolf is blasting the big changes just announced for next year's event. >> john will move on. >> 2020 is no longer -- >> could be. >> donald trump open to changes in his cabinet. the focus, shifting to 2020. why our next guest says john kelly doesn't have the experience to help the president get reelected. this isn't just any moving day.

this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. heather: watching "fox and friends first". the colorado man who murdered his pregnant wife and two little girls will spend the rest of his

life behind bars. chris watts is heartbroken, speaking out at his sentencing. >> you discussed me, you monster, thought you could get away with this. >> had no idea who gave you the right to take her life, but i know god and his angels were there. >> prosecutors say watts strangled his wife and suffocated his daughters to escape his marriage and start a new life with his girlfriend. authorities say he was having an affair and contacted a realtor about selling his house one day after the murders. the family accusing each other of killing him. >> i love that man so much. just died for him. >> what she did led to his

death. >> the bitter battle between his second wife and grandchildren from a previous marriage laid out in this week's 48 hours, he died on father's day in 2014 from a parkinson's like disease. police are opening a new investigation into his death. donald trump is hinting at some big changes in his cabinet which could begin with his chief of staff, john kelly. >> john at some point will want to move on. john will move on. >> 2020 is no longer written in stone. >> it could be. i have 3 or 4 or 5 positions i'm thinking about. maybe it will be two but i need flexibility. >> how will these changes impact the direction of the administration. j hampton talks about this. thank you for joining us,

appreciate it. as we begin our discussion, let's bring up a list of some of the cabinet officials. he is considering changes and needs some flexibility. this isn't all too unusual for an administration. >> not at all. it is very common for senior-level positions, junior level positions to change frequently throughout the presidency. there were 5 chief of staff, reagan had four. it is not uncommon for things to shift, the seasons change in a presidency so the job descriptions change. what you need at the beginning of your presidency is not what you need midterm. where the house is controlled by the opposite political party. it is not that donald trump is unhappy with general kelly but he brought general kelly in to

establish order and routine. he needs that, he needs someone who also can help prepare him for 2020 and do battle or work with the new house of representatives. heather: a possible replacement is mike pence's chief of staff, nick ayres. would that be someone who could take that role? >> could be. it is a scenario where may be donald trump or john kelly stays for a while and brings in someone else, a new deputy to take on other needs. we saw this during the campaign. he needed corey lewandowski who knew new hampshire to help them when the primary but he didn't need corey to deal with the

republican convention. he needed paul manafort but didn't need paul manafort for the general election, he needed kellyanne conway so some people thought that was chaotic but it was strategic on the part of donald trump. what skills do i need for this next phase. the phases are changing. it doesn't mean he is unhappy necessarily with people. >> you mentioned changes with the obama administration, you worked during the bush administration and mentioned you were told 18 months is the average to serve. >> that is right. when i was a white house staffer in the beginning of the george w. bush administration, and the car told the staff the average tenure for a white house staffer is 18 months and the reason for that is the intensity and the pressure, one year working in the white house is like 3 years working somewhere else in terms of pace, intensity and sacrifice and now there's turnover because

this is difficult. even george washington had turnover, thomas jefferson, when jefferson left, secretary of state thought it was a little controversial, he disagreed with the president but washington and jefferson had been talking about jefferson's resignation for six months so it was no big deal internally but it is perceived that way. >> i love it when i learn something new every morning. thanks for the historic perspective. it is half past the top of the hour. a school prayer takes horrifying turn as students are wheeled out on stretchers, some suffering seizures. what could be behind the southern mystery illness? democrats admitting defeat in hotly contested races in florida and georgia but if this is the new norm, why even vote?

we will debate it next.

heather: back with a fox news alert the white house is preparing to name venezuela a state sponsor of terrorism according to us officials with internal government emails cited in the washington post. the move could limit us assistance the country will buy socialist leader, venezuela suffers hyperinflation, mass migration and food shortages on the state-sponsored terror list, north korea, iran, sudan, and syria. isis suffering a major defeat as the terror group loses more power, syrian forces clearing isis's final stronghold in the southern part of the country. isis has been rapidly losing

territory in syria but controls a small area near the iraqi border. troops on the southern border expected to be home by christmas. a top army commander confirms the end date is december 15th but the pentagon could start sending them home as early as next week, troops laying a barbed wire and barriers as migrant caravan start to take asylum in the us. democrats admitting defeat in the hotly contested georgia governor race but not without smearing the results. >> will i say this election was not tainted, was not a disinvestment and disenfranchisement of thousands of voters? i will not say that. >> reporter: of stacy rooms doesn't win in georgia they stole it, it is clear. >> if she had a fair election she already would have won. >> reporter: of rejecting results is the new norm, why even vote?

joining the republican strategist and democratic strategists, thank you for joining us, appreciate it. is this the new norm and is it dangerous? >> their motto used to be when they go we go high. now if they when we cry. of democrats were determined to make a mockery of our democracy they succeeded. in florida, not one vote was found in favor of rick scott. now is that a coincidence? according to democrats if they do not when it is voter suppression of votes were lost. i want people to understand the nature take away, what we learned from brenda snipes, a commissioner or supervisor could swing a recount their way, they don't have to get the vote in by a deadline. those votes are no longer valid. the electoral system is vulnerable and we should keep that in mind. >> she missed the deadline by 2 minutes.

>> there is no such thing as a permanent election whether you are democrat or republican, what democrats want to do is a fair election process, political malpractice in georgia from removing people off of the voting role. >> what about florida, that is her job and voters depends on her doing her job. >> i will tell you, florida did what florida always does, make america wait again, why are we consistently having these problems in florida? florida has consistently been the state we have to wait election after election. you can't pinpoint that on one particular person. it is easy to do so to have a

fair election but you can't pinpoint on one particular person. >> now you can talk about georgia. >> georgia highlighted hypocrisy in the republican party, voter suppression, the registration problem, machine problem. it is not hard to have a free and fair election. the vote is the most sacred thing we have in our democracy, democrats and republicans must do everything we can to make sure it happens. >> republicans are doing a bad job with voter suppression, voters turning out in record numbers. >> how do you explain that? >> they recommended thousands of voters were not suppressed. it is non-debatable. >> voter suppression when they don't win. when they when they don't hear about voter suppression. we are not going to accept the results of election but did of

individuals we party within high school going on a proven track record and legally, the country we have grown to love and those if you want to talk about georgia, stacy abrams, those who refuse to concede, they are un-american because we are supposed to honor our election. >> can't call her un-american because she saw what the rest of us saw. if you can show me what brian kemp did in georgia was american i will take you out to dinner. >> what about accepting results and he's now the governor of georgia and accepting that fact and moving forward for the people georgia? >> on all accepting what happened but we can't ignore what happened in this process, from not having enough machines to poll worker issues to rejecting ballots because of signature, simple things he knew

what impact this election because the stakes were so high. thousands of voters were disenfranchised because the republican suppression efforts. >> we have to move on. let us know if you go to dinner. the time is 20 minutes until the top of the hour, she bond at the lysed white house correspondence dinner. >> i really like sarah, she burns fat and she uses the ash to create a perfect picture. >> why disgraced comedian michelle wolf can't lay out the insights after a change to next year's lineup and peas or carrots, two turkeys up for presidential pardon and you get to decide. carly shimkus is here with both of those stories. ♪ i don't want to lose your love tonight

>> welcome back, the white house ditching comedy at its annual dinner after a performance from michelle wolf. >> i really like sarah. i think she's very resourceful but she burns fat and then she uses that ash to create a perfect smoke. maybe she is born with it. maybe it glides. >> sarah sanders was so graceful. ron chernow will now host the dinner next year and carly shimkus with serious xm 115 is here with reaction online. >> following the controversy the white house correspondents association has decided to ditch the comedy portion, going with more serious speakers were conspired the hit broadway musical hamilton. his speech will focus on the importance of the first

amendment but he vows to make sure the evidence does not fall asleep, he says freedom of the press is always a timely subject and this seems like the perfect moment to go back to basics. i have never been mistaken for a standup comedian but my history lesson won't be dry but comedian michelle wolf is not impressed, she said white house correspondents association are cowards. the media is conflicted and i couldn't be prouder. still some folks on social media think the right decision was made like steve, who says what wolf did wasn't comedy. white house correspondents association made the right decision. ed on twitter saying michelle's performance as a comedian for the last dinner set the bar so low that it is a waste of time. some people holding a grudge over the comedy routine. >> let's talk about peas and carrots. >> the most highly contested

race since the midterm election. the white house asking the people to decide which turkey will get pardoned by the president, the contestant the one named p and the other named carrot. according to the white house, brad paisley's favorite snack is popcorn, carrots is an elvis fan and carrots wins it for me. elvis is a no-brainer. lindsay saying cheese is the under turkey, i choose him. go to the white house twitter account to vote. >> peas and carrots go together. >> that reminds me of forest gump. and chick-fil-a, this was a great story. you posted this on twitter. a 92-year-old veteran was

honored at a chick-fil-a in ohio, meet ernie, he comes into the same chick-fil-a every day, orders a kids meal with chicken nuggets and root beer but he is such a joy when he walks in that employees wanted to give him something in return. take a look. >> what if it never happened again. and we wanted to say when you come into the restaurant your family no longer has to pay for your meals. >> so cute he initially refused when a humble man, he eventually accepted the honor. free food for life. >> thank you for your service. the time is 15 minutes until the top of the hour and failing to honor a fallen hero. the first nypd officer killed in

the iraqi war denied a street naming institute and their founder is here to make sure that following officer is never forgotten. today is the day you're going to get motivated...

get stronger... get closer. start listening today to the world's largest selection of audiobooks on audible. and now, get more. for just $14.95 a month, you'll get a credit a month good for any audiobook, plus two audible originals exclusive titles you can't find anywhere else. if you don't like a book, you can exchange it any time, no questions asked. automatically roll your credits over to the next month if you don't use them. with the free audible app, you can listen anytime, and anywhere. plus for the first time ever, you'll get access to exclusive fitness programs

a $95 value free with membership. start a 30-day trial today and your first audiobook is free. cancel anytime and your books are yours to keep forever. audible. the most inspiring minds. the most compelling stories. text "listen5" to 500500 to start your free trial today. heather: back with the fox news alert, a string of scandals weighing on facebook's bottom line. tracy carrasco has more on the financial downturn. facebook falling 5.7%, hitting its lowest level since february 2017, the following last week's report in the new york times, and how time

management handled them but we have seen the company trying to recover. year-to-date shares of facebook down by 20%, facebook set to close its third straight month in the red which would market longest monthly losing streak on record. >> mark zuckerberg not too happy about it. christmas trees delivered to your door. >> we provide all your christmas presents, and the first christmas tree on amazon. have it delivered, they are starting their deliveries right now. you can get a charlie brown christmas tree all the way up to a 7 foot christmas tree, starting at 110. if your prime minister you can get it delivered within 3 to 7 days depending on your location. it is very convenient but not the same as going out and cutting it down. >> at least it is a real one.

amazon taking over the world. in 2005, jimmy mcnaughton became the first nypd officer killed in iraq, his family and how officers are petitioning the city after the request to honor his sacrifice is rejected and joining us is the founder of blue lives matter, sergeant joseph, thank you for joining us. why in the world would the city or community challenge this and not allow a street to be renamed in his honor? >> city workers, police officers, joseph was killed protecting new york city and went overseas and was killed in action. for people who don't know, ginny

worked in lower manhattan. a few weeks ago they started a petition, a couple hundred signatures, i showed them around, showed them a few more and thought they were fairly confident it would go through. >> he wanted to rename the street. >> correct. they denied it but this time we remember the fallen so chris brinkley, an army veteran heading up the petition, 5500 signatures, they want to know if family members are ever forgotten. the people who passed by a daily basis, they look up and see a real american hero. >> he was killed by a sniper's bullet in august 2005. in 2017, 149 streets, 42 for

police officers, and 6 police officers or veterans, where can people go to sign this petition? >> you can go to our website, blue lives matter.org, share it and we are able to turn the decision to the public and put it on forever. heather: 5500 people did that petition. in case you need more inspiration the parents will be on the show live in the 7:00 hour of "fox and friends". thank you so much. fox news did reach out for comments but we have not heard back. thank you for the work you do. appreciate you joining us and we will be right back, stay with us. today is the day you're going to get motivated...

get stronger... get closer. start listening today to the world's largest selection of audiobooks on audible. and now, get more. for just $14.95 a month, you'll get a credit a month good for any audiobook, plus two audible originals exclusive titles you can't find anywhere else. if you don't like a book, you can exchange it any time, no questions asked. automatically roll your credits over to the next month if you don't use them. with the free audible app, you can listen anytime, and anywhere. plus for the first time ever, you'll get access to exclusive fitness programs a $95 value free with membership. start a 30-day trial today and your first audiobook is free. cancel anytime and your books are yours to keep forever. audible. the most inspiring minds.

the most compelling stories. text "listen16" to 500500 to start your free trial today. >> welcome back to a health alert, north carolina reporting its worst chickenpox outbreak in two decades. 36 student second at one private elementary school in asheville which has the status highest rate of religious exemptions to vaccines. more than 72% of students have never received a chickenpox vaccine. a mysterious illness sickens 2

dozen students at a thanksgiving prayer. 26 students, one adult, rushed to the hospital after the event at a catholic high school in fort lauderdale, florida. it ranged from nosebleeds to seizures to fainting is still unclear what caused the illness. all the victims have been released from the hospital. time for the good, the bad and the ugly and let's start with the good. hi, god, how are you doing? joanne gains surprised with that message written on her daughter's bathroom vanity. the stars as her shock turned into gratefulness for the sweet message when she realized it was written in erasable ink. and alligator takes a bite out of the thanksgiving day menu. a woman finding this beast breaking into her garage refrigerator in south carolina. and 5 bottles of italian wine she plans to serve on thursday and finally the ugly.

heather locklear placed in a psychiatric hold after suffering a mental breakdown, her therapist and lawyer, at her california home. she has dealt with a series of arrests and hospitalizations in the past year, facing charges for allegedly kicking an officer and emt back in june. that wraps up this hour of "fox and friends first," thank you for joining us. have a great thanksgiving hopefully with family and friends. "fox and friends first" continues right now, goodbye. todd: rob: a hospital shooting rampage and a police officer killed in the line of duty rushing into gunfire to save innocent lives. >> it escalated to alarming new numbers. may be back to the drawing board for the trump administration on immigration enforcement.

rob: the major legal setback from an obama appointed judge. and eating for 2 this holiday season, megan markel will feel the weight of being a royal. >> bizarre christmas tradition turning heads this morning. "fox and friends first" continues right now. good morning to you, you are watching "fox and friends first" this tuesday morning. rob: thank you for starting with fox news alert, the trump administration refusing a silent immigrants who cross into the country illegally. >> douglas later joins us with more as those traveling with a migrant caravan. >> the trump administration has to regroup on this was a federal judge in san francisco says the government cannot require asylum-seekers only cross one of 26 border crossings along the southern border, this will