shannon: it is tuesday, january 8th and this is "fox and friends first". happening at 4:00 happening at 4:00 am on the east coast donald trump setting the stage for primetime announcement on the shutdown ahead of his upcoming visit to the border. we are live in washington with that and the shocking new arrest that should serve as another wake-up call to democrats. >> provide shelter to all who need it and sanctuary for all who seek it. >> gavin newsom offering an aggressive agenda as the newest governor of california doubling down on the state of sanctuary law. the swipe he took the trump administration moment after

swearing in. >> the native wins the foot race. strengthened this championship game. heather: the clemson tigers claw their way to gridiron greatness with a win over the crimson tide. "fox and friends first" starts right now. ♪ ♪ ♪ shannon: and journey, do not ever stop believing. you are watching "fox and friends first" on tuesday

morning. thank you for starting the day with us and it is going to be a busy one. donald trump taking his message of the southern border wall to prime time tonight. is addressed to america comes two days before he plans to head to texas. griff jenkins joins us with how the democrats are demanding equal airtime with no deal insight. >> never going to stop believing but this is important to watch for, the first time he will address the nation from the oval office, a location reserved for the most serious issues bypass presidents, a clear indication he believes this rises to that level, democrats have their own demands. chuck schumer and house speaker nancy pelosi saying the president television networks decided to air his address come his past statements are any

indication will be full of malice and misinformation. democrats must immediately be given equal airtime. the shutdown enters day 18. looking at the capital, no compromise in sight, both sides miles apart on the request for $5.6 billion on border wall funding, federal workers facing a real threat, this should be a clear picture of the president's intention to declare a national emergency as a way to build a wall without congressional approval. that would be met by legal challenges and democrat house members visiting the southern border voicing their opposition. >> we would oppose any attempt by the president to make himself a king and the tyrant by saying he can appropriate money without congress. that is perhaps the most dangerous thing he is talking about since he became president. >> we would challenge it in every way we could, in congress, in the courts and otherwise.

>> reporter: vice president mike pence convening a meeting with kim jong un 5 saying the white house counsel is looking at the option tweeting this. he says told the press today at the white house there is a humanitarian crisis at the southern border but dems refusing to negotiate, the team is working to end the crisis, secure the border and open the federal government in time for leadership to come to the table. only time will tell if this doubling down will pay off or if we see this national declaration as a way to begin construction, the president visits the border in texas thursday. a lot yet to come this week. shannon: any rumors who would give the alternate viewpoint? >> they are holding their cards close to the chest, no indication the networks, it is not of the state of the union speech which requires such a

response. i don't know an investor who would be likely. perhaps schumer and pelosi. heather: i heard ocasio-cortez as well possibly. thank you so much. with democrats showing resistance at nearly every turn when it comes to border security, former border patrol chief mark morgan says nothing has changed when it comes to the us strategy. only contempt for the president requesting it. >> the president -- the border patrol council is right, they had the press conference, said the wall works, they are right and it is not based on personal or political ideology but historical data and facts that can be proven. we were too wrapped up in the style, the approach, the fact that is coming from the president rather than substantive issues. if you look at substantive issues the strategy never changed, from the gatekeeper strategy, it is about infrastructure, technology, personnel, the strategy worked

then and it works now and was approved in 2000-12 and works now. i don't understand what changed. >> the secure fence act of 2006 receive support from 26 democratic senators including hillary clinton, joe biden and chuck schumer. much more on this with the president of the national border patrol council. in the meantime there is this. a 7-year-old girl killed in a drive-by shooting will be laid to rest today. the funeral coming days after two men were arrested. a texas judge ordered eric black to be held without bail, charged with capital murder. and this man, larry woodruff, was arrested on unrelated drug charges but investigators are calling him a suspect in the murder. but men reportedly thought they were shooting into the car of someone they had been arguing

with the night before. former uber driver who killed 6 people in a shooting rampage will spend the rest of his life behind bars, pleading guilty to all counts against him, shut eight strangers and three separate locations in michigan when working as a new driver in 2016. remember that? he told the judge a devil figure on the uber apps possessed him. he was found competent to stand trial. accused of a deadly bowling alley shooting spree, reginald wallace arrested in california overnight accused of shooting and killing three people and wounding four others during a fight at the gable house bowl outside los angeles with wallace is on parole after serving 17 years in prison for assault with a deadly weapon. he was released in 2017. this could be very interesting. debris found in madagascar is most likely from that malaysian airlines plane that disappeared

without a trace according to a new report from a team investigating mh370. 5 pieces of wreckage including a floor panel were found as early as november. your member the boeing plane vanished in 2014. we were on the air live when it happened with 200 people on board. it is believed to have crashed in the indian ocean but it is unclear why. kim jong un arriving for his fourth trip in china over the last year, he is believed to be working to coordinate positions, a photo of tim and his wife and in pyongyang, and the next round of denuclearization talks take place in vietnam. mike pompeo is set to land in georgia, the top diplomat departing from joint base andrews for a 1-week tour of eight middle east nations.

the us will not abandon the region after pulling troops out of syria. he will meet with the jordanian king and foreign minister before making his next stop which will be in turkey and former obama cabinet member helene castro touching down in iowa. slamming the president that a public event in what could be a prelude to 2020. >> the first time in a long time we are going backward, not forward. we have leadership in dc, in the white house that is so determined to divide americans instead of unite them. heather: and preaching medicare for all and raising the minimum wage. he will make that announcement saturday but says he is undecided right now. this follows fellow 2020 hopeful elizabeth warren's trip this past weekend. the left list of presidential hopefuls is getting longer and

longer by the day. a lot of familiar faces. former congressman and fox news contributor jason chaffetz so the old guard democrats don't stand a chance in 2020. >> somebody who is relatively unknown like jimmy carter or clinton and mold them into the candidate they once, and barack obama. probably a mayor or governor that america hasn't heard of before. you lose and you lose big in texas, that doesn't resonate. he is more viable than the. that is where you want to be. >> dwayne johnson, the democrats who have officially announced the 2020 big, elizabeth warren and congressman john delaney.

all about the money. for the second time in 3 years clemson is the national champion. >> it is wide open, up and running. leaving the foot race. heather: the tigers crushing the alabama crimson tide 44-16 in california. >> only god can do this and that is a fact. >> reporter: clemson is the first team to finish the year as the undefeated national champion. good for them. the time is 11 minutes after the top of the hour and john bolton arriving in the middle east to work out a troop withdrawal

strategy in syria but what if turkey refuses to meet the trump administration's requirements. the next guest says this will need tricky negotiations. >> do you believe donald trump is a racist? >> yes. heather: alexandria kislyak sounding off after arriving on capitol hill but is getting advice from businessman mark cuban. the bad habit he is suggesting she kick.

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john bolton set to meet in turkey. what will come of the meetings? in terms of the policy itself, do you see a difference between with the president originally announced? >> he is following through on his commitment, we've decimated isis in the region, their leadership has been removed and turning over the operation to capable partners. we will be putting terms together with turkey, those that are doing good things. that is the trick, making sure we give turkey a browbeating. that is what mike pompeo and others are outlining. heather: mike pompeo is set to land in jordan minutes from now to let our allies know that we are not deserting the area. originally when the president announced this plan to bring our troops home from syria a lot of people up in i'm saying we can't do this immediately but now we

have a plan in place. do you think president erdogan from turkey will keep his end of the bargain and part of that is not to attack the kurds who have been an ally in the fight against isis? >> i think he will, they look at some of the forces that spearheaded us allied efforts as terrorist organizations, nothing new. keeping them in a comfortable position, we talk about allies doing more to help us out but those are articulated and they will experience problems and wants to move in that direction so i think they will honor the agreement. heather: any agreements with what mike pompeo is saying is what bolton is saying? >> i like what they are doing like good cop bad cop. they laid out the more dystopic way they could behave and they pushed back and said we are not going to do that and mister bolton is in a position to have

more of a policy approach saying our withdrawals are measured with our allies and as stable as possible. heather: do you trust turkey, do you trust erdogan? >> when i went to a wreck i was wearing a green uniform, we went in a different way but that will be part of the game and we have negotiators in place. there will always be a risk of withdrawal for the president, following through on a commitment. these are commitments to reduce our physical footprint in syria. heather: and make sure we defeat isis and don't leave a vacuum where they can grow. >> that is true. the endless war thing, we don't want that. so far so good. turkey will honor the agreement and it will be a key moment for the president and foreign policy.

heather: our leaders are talking about it to all our allies. thank you very much for joining us, have a good day. the time is 18 after the top of the our. one state gave the green light to illegal marijuana but now they are throwing up a red flag. why that part is being recalled. >> we are going in there. [cheers and applause] >> he cursed donald trump after taking office, congresswoman rashidctalib is under fire for a new rant, the backlash online.

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heather: ron desantis set to take the oath of office today. he will take the post this afternoon and says he wants to get right to work, the republican beat out democrat andrew gillam in a hotly contested race marred with controversy and recounts. 's predecessor rick scott will be sworn into the senate today. a so-called false flag operation by democrats meant to derail the republican senate campaign according to the new york times democrats made a fake facebook page to drive voters away from boy more during the 2017 alabama senate race. tried aligning with more while pushing extreme ideas in hopes of swaying moderates, democrat doug jones went on to win that race. congresswoman rashid talib slamming the president on her

first day. >> mama, look, you won,. don't pick it, we are going to go in. heather: she's being accused of anti-semitism. carly shimkus is here with the online outrage. i wish we would quit playing that with her cousin because that was the whole point. she was trying to get -- >> very good point. well-thought-out point. there is an argument on israel taking place on capitol hill. senate republicans are planning to introduce a bill that would push -- punish companies that put economic pressure on israel, something called the bds movement, she criticized a plan saying they, meaning republicans, forgot what country they represent, this is the united states, where boycotting is a right and part of a

historic fight for freedom and equality. they need a refresher on the u.s. constitution, then get back to opening up our government instead of taking our rights away. florida senator marco rubio shot back in its we going as farce to call rashida talib anti-semitic saying it is not about freedom and equality, it is about destroying israel and boycotting israel, constitutionally protected, boycotting companies that boycott israel is also constitutionally protected. a complicated topic. rashida talib is a palestinian american, she made history as one of the first muslim women who ever served in congress. >> sanctions against bashar al-assad in syria. mark cuban, let's talk about him, urging another new democrat to enter the freshman class, alexandria ocasio-cortez.

>> that's what he is doing. mark cuban, saying ba radical, be a change leader, innovative. please leave our bad habits of using language of republicans versus democrats, liberals versus conservatives behind. we are all in this together. change the game to change the world. he goes on to say now would be a great time for the new generation of politicians across the board to take a new approach. we need you to represent us all. a lot of people on social media are loving that sentiment. andrew says he is absolutely right. stopping democrats or republicans and start being americans. laura saying spot on, thanks for saying what needed to be said. this is advice that could go to republicans as well. heather: the new congress way

things have started already i don't think it will go that direction. >> more people need to say what mark cuban said. heather: that would be very nice. the time is 26 minutes after the top of the hour and california governor gavin newsom taking the oath of office and taking a swipe at donald trump, the invitation he just gave illegal immigrants waiting to cross into his sanctuary state. that move coming as donald trump repairs to visit the southern border after addressing the nation tonight about the growing crisis. national border control crisis president brandon judd tells us the timing is important. the fight for faith continues, some students are planning to sue their school over the bible. ♪ keeping the faith ♪ yeah yeah yeah yeah ♪ - in a crossfit gym, we're really engaged

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heather: california governor sparking controversy, gavin newsom taking the oath of office, wasting no time in fighting illegal immigrants into his sanctuary state. todd pyro has a growing outrage after a police officer was gunned down by an illegal immigrant is laid to rest. >> reporter: the la times calling gavin newsom's inaugural address the, quote, rebuke to the trump administration but not everyone welcoming the incoming governor with open arms. [shouting] >> reporter: that outburst not stopping them from counting the progressive agenda he plans to unleash in the golden state focused primarily on healthcare for all. >> every person should have

access to quality affordable healthcare, judges and politicians turning back progress and we will never waver in our pursuit of guaranteed healthcare for all californians. >> reporter: the plan includes state-funded healthcare for 103,000 young illegal immigrants. estate healthcare mandate, single player plan, but it was his comments on sanctuary laws that got the most attention. >> let us know how stronger than the coming storm that is open to the world, a house that provide shelter to all who need it and sanctuary to all who seek it. all kids, not just children of the governor and filmmaker should have a good life in california, should be ripped away from their parents at the border. >> reporter: those comments just days after the funeral of corporal ronil singh shot dead by illegal immigrant during a dui stop.

he is the former sheriff in the county where ronil singh works. >> you have to have a conversation about legislation that puts communities at risk. i'm here to protect the people of stanislaus county regardless who they are. doesn't matter. >> newsom adding the wall should not be built. jerry brown directing state and local law enforcement not to cooperate with federal agencies. >> corporal thing's brother breaking down. donald trump set to take his argument for a wall to the american people with the primetime address tonight, this ahead of his trip back to the border later this week. the national border patrol council brandon judd, i've been trying to get you to come in. people need to hear from you. what is going on at the border? is it a matter of national security as the president keeps saying?

that will be one of the things he will address tonight. >> reporter: if you look at 2014 democrats made a case that there was a crisis at the border, they wanted to throw money at the border not in walls but other technology and resources but now that donald trump is in office they don't want to do that but we are on pace to shatter the numbers of illegal immigrants entering the country within a year under the obama administration so there's an absolute crisis on the border and donald trump is trying to secure the border for the american public so the american public and be safe. and all the conversations i had with him it is clear that is what he wants to do. heather: he is getting information from you in terms of what is needed at different areas of the border. maybe a concrete wall, steel slats in another, more border patrol security and another. >> is looking at the personnel end of it and the

infrastructure. he came into this when he was campaigning in 2016 talking about a concrete wall but since talking to experts at the border, he has realized there are other technologies that work such as fencing, steel slats, that works and that's what he is going for. you can see he has come off of $25 billion, now he's down to $5 billion. is negotiating, the hard left aren't getting anything back to him. heather: when you last met with him did you know he would take a step and address the nation about this? >> i didn't know when he was going to do it but yes, he absolutely told us he was going to address the nation which i think is the right thing to do, take the case directly to the american people, let them make the decision based upon the facts. heather: he says he will declare this national emergency as a workaround for congressional approval to get this wall built.

will he do that? will he invoke that on tv tonight? is he right to do that? >> he will try to work with congress first. that is what he wants to do but if congress isn't going to work with him he's going to look for any other means that he can use in order to secure the american public and if that means invoking national emergency and using dod fund that is possible. i would support him if congress isn't going to help them. heather: one of the stated reasons for that is known terrorists crossing the border, there's been some discrepancies in the numbers. nbc revealed a report that six immigrants stopped at the border on the terror watch list. and we had secretary kirstjen neilsen say the number is sensitive, the deals are extremely sensitive. i'm sure all-americans would agree even one terrorist reaching our borders is one too many.

>> don't let the numbers for you. if you look at 911 right here in new york city, those individuals that enter the country, they weren't on the terrorist watchlist. there are a lot of people across the borders that we don't know who they are what they are coming for and we have a right to know that, that is the reason we went illegal immigration system, not an illegal immigration system. when you have governors like the incoming governor of california that are inviting people to break our laws, that is dangerous and put the american public at risk which is what donald trump doesn't want. heather: it is dangerous for the good people that are trying to come here legally as well. we always went to say we are for legal immigration not illegal. >> nobody i know of is against legal immigration.

it is illegal immigration, those policies, inviting people to break our laws. if they are allowed to break our immigration laws, why would they think any other laws are sacred. chances are they are probably not. we have to enforce our laws on the book. heather: we look forward to hearing from the president and see what he has to say. a judge is allowing a christian baker's second lawsuit against civil rights officials to proceed. deck phillips is accusing the civil rights commission of targeting him and filing a complaint after he declined to make a cake for a gender transition. last year he won a supreme court case over his appeal to make a case for same-sex wedding because it violated his religious beliefs. house democrats introduce a new gun-control bill on the eighth anniversary of gabby give for

depth shooting, this will expand background checks for sales and transfers of firearms, giffords was shot and nearly killed in 2011. the nra says the background check did not prevent the shooting. house republicans demanding answers about bias at the justice department, us attorney john huber has been reviewed how the agency handled investigations into hillary clinton and the russia probe for 9 months. did you remember he was doing that? republicans want to know who he interviewed and what documents he has seen and they want answers in the next few weeks. lawmakers on both sides of the aisle introduce a bill to protect robert mueller allowing robert mueller or any special counsel to challenge firings in court, lindsey graham and 3 members of the senate judiciary committee will push the measure. senate majority leader by the last year calling it unnecessary.

foxbusiness alert, the shutdown, what does it mean for your taxes this season? the white house just made a move to make sure you will get your refund. >> get me out of this! heather: flight cancellations can be frustrating but this woman goes into a meltdown. ♪

>> "fox and friends first," first it was part, a major us city could decriminalize magic mushrooms. 8000 people signed a petition to get it on the may ballot in denver. supporters point to studies that claim psychedelic mushrooms are good for mental health. this classifies them in the same group as heroin and cocaine.

and michigan issued a recall for marijuana products, regulators calling back several patches and herbal solutions used by people who want to use marijuana for pain relief but don't want to smoke it. the product or not considered painless but did not undergo lab testing under the state seed to sail tracking system. a foxbusiness alert, the irs will issue tax refunds no matter how long the partial government shutdown drags on. tracy carrasco from foxbusiness here with what we need to know about the tax check. >> this is good news because there was question as to what would happen to your tax refund if the partial government shutdown were to last during tax season. the trump administration says they will pay the refunds, and make sure the shutdown is, quote, as painless as possible for citizens if this does carry into tax season.

many people rely on these payments, 70% of americans get money back from the irs during tax season so you have to pay even though it could impact of the government shutdown, the irs is working under a skeleton crew. you have to pay but it will not be delayed. heather: what about amazon taking a number one spot? >> for the first time amazon tops the list is the world's most valuable company ending the weeks long reign of microsoft. amazon finished by 3.4% with a market cap of $797 billion. microsoft came in with $783 billion after yesterday's trading session. apple a few months ago was a wonderful you dollar company.

worth $701 billion, you see how it has fallen. heather: i thought it was already the most valuable. >> despite this turbulence we have seen with tech companies rising to the top. heather: 15 minutes until the top of the hour. elizabeth warren the first top-tier democrat to announce a white house run but is she what the party really needs? >> we need that. heather: walking away from the party for that reason, joins us live in the studio. ♪ from force factor, to rev your libido and maximize physical response. it's no wonder walmart offers score! in more locations than any other performance enhancer. unleash your potential in the bedroom, with score!.

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heather: elizabeth warren hit the ground running after becoming the first top-tier democrat to announce the 2020 bit at her first stop at the critical state of iowa. i democrats looking for another establishment politicians lead the ticket? brandon strock a is a former democrat who founded the walkaway campaign and joins us with his thoughts. let's begin with what donald -- with president obama had to say, we need some new blood. >> one of the challenges we have his people clinging to power instead of -- we have a deficit of leadership. heather: we need some new blood. what do you think? >> i'm more afraid of the new blood than of the old blood. this actually elizabeth warren scares me less the newcomers we see coming into congress right now. i think it is a little bit

tiresome that they have no new energy or new play, more of the same. heather: joe biden saying he is the best bet to beat donald trump. >> old-timers like elizabeth lauren will be doing more of the same, pandering, pandering, pandering and this concerns me and something i will be talking about a lot with the walkaway campaign. the democratic party loves to target minorities in america. that's one of their key tactics but we will see people like elizabeth warren and other candidates telling minority groups like african americans and lbj t people you have to be a socialist, you have to embrace communism in these different things they are embracing and it is dangerous. elizabeth lauren grabs the issue --

heather: she has been considered the extreme of the democratic party but now you have people like alexandria at the 15 who is more extreme. >> that is my point. elizabeth warren is moderate by comparison to some of the new blood. that is less threatening than what the democratic party is bringing into the party. heather: that spring up the graphic of all the people and adding to it and bring that up as we talk, house democrats moving to abolish this outdated electoral college. look at all those folks including the rock on the bottom. the electoral college, proposed constitutional amendment, if hillary clinton had won in 2016 with abe here to dismantle this? we can look at the electoral votes, donald trump with 304, hillary clinton with 227 and you need 270 of the 538 electoral votes to win. >> they will be for a long time.

the electoral college is doing its job and needs to do its job, we need to have it continue to do his job and the purpose of the electoral college from the tyranny of the majority. they will say but we don't need it anymore but they want to abolish the electoral college proves we need it. it is designed to give a voice to the smaller states, the flyover states. if we look at the 2016 election hillary won the popular vote by 2.87 million votes. that is a smaller discrepancy than the votes in new york city and los angeles. do we want the entire country to be decided by two major cities? heather: which is the purpose of the electoral college. >> we want to protect the needs of everybody not just the needs of people in major metropolitan areas. heather: campaign in all the

states, talk to all of them. thank you so much, great to have you with us. love your energy in the morning. the time is 8 minutes until the top of the hour and baby on board gets a new meaning. most 14-month-olds are just learning how to walk but this baby is mastering hover boarding. ♪

♪ heather: a live look at washington dc, a lot happening today. the president of the united states at 9:00 eastern will be addressing the nation from the oval office talking about the shutdown, border security. the world will be watching. and we will have live coverage on the fox news channel. for the meantime christian students are accusing a high school of blocking their freedom of speech for a third time. a pennsylvania bible club says they were denied repeated requests to hand out bibles during lunch. school policy allows students to pass out nonschool materials if

they are approved. group's lawyers is the bibles cannot be denied because they are constitutionally protected, the school says it is willing to work with the students. the university is rewarding students, staff and resident physicians for seminar micro-aggression. the university of rochester school of medicine says they hope to address how micro-aggressions can harm a person's health. the medical school will offer credit for students at a discounted rate to medical staff for malpractice insurance if they attend. now is time for the good, the bad and the ugly. first the good. this toddler is already overboard probe was the 14-month-old from china going viral, she picked up a skill in a month after pink up her brother's toy. lower center of gravity. the bad, the drivers getting out of control slamming into a railroad crossing ending a

high-speed chase, the pickup truck was stolen at gunpoint. offices quickly arrested the convicted felon they believe is tied to other burglaries in the miami area. a woman has an emotional breakdown after reportedly finding out her jetblue flight was canceled. the airline suggesting the woman was drunk during the outburst. this sort airport, second later, she grabbed her bag and walked away. she was taken into custody. that wraps up this hour of "fox and friends first". "fox and friends first" continues right now, goodbye. >> flying is never easy these days, it is tuesday, january 8th, the showdown over the wall coming to a head. rob: the president on the brink of a major decision as he prepares to address the american people live from the oval office tonight. california's new governor offering an aggressive agenda and fully embracing sanctuary policy. >> all kids, not j