>> the federal government remains shutdown for one reason and one reason only. because democrats will not fund border security. heather: it is wednesday, january 9th and this is "fox and friends first" was happening at 4:00 on the east coast a fox news alert, a crisis on the southern border, donald trump using his first oval office address to demand democrats put america first. and sweeping border security under the rug. >> they refuse to acknowledge

the crisis. >> to manufacture a crisis. >> manufacturing a crisis. >> we don't need to create are official crazies. >> i invited congressional leadership to the white house to get this done. jillian: will there be a deal? we are live on this make or break day in washington. "fox and friends first" starts right now. ♪ ♪ ♪ just getting started ♪ get it started ♪ nothing like around here ♪ heather: that is a fitting song this morning as you take a live look at the nations capital, they are getting warmed up.

on wednesday morning, thank you for starting the day we appreciate it. a crisis at the heart and soul. donald from delivered this historic speech from the oval office demanding democrats come to the table to secure the border. griff jenkins joins us as the left slams the address and we expected this but what an image. >> reporter: it was donald trump's first oval office address and an impassioned case to the american people that we have a growing humanitarian crisis. >> thousands of americans have been brutally killed by those who and to the country and thousands more lives will be lost if we don't act right now. this is a humanitarian crisis.

a crisis of the heart and crisis of the soul. >> reporter: the president laid out several solutions, technology, manpower, additional judges and defined what he envisioned in his signature issue, a wall, urging democrats to come to the table. >> it will be a steel barrier rather than a concrete wall. the only solution is for democrats to pass a spending bill that defend our borders and reopens the government. the situation could be solved in a 45 minute meeting. >> reporter: democrat leaders got equal time, speaker pelosi blasted the president accusing them of trying to create fear. >> much of what we heard from donald trump has been full of misinformation and even maoist. donald trump must stop holding the american people hostage and

must reopen the government. >> reporter: both sides are miles apart on an agreement, negotiations continue, the white house releasing this tweet, they want to steal barrier for the southwest border, 750 additional border patrol agents, 2000 additional law enforcement personnel, 52,002 detention beds and enhanced medical support in additional facilities for processing. today donald trump will head to capitol hill for a senate republican lunch and invited congressional leaders including democrats to the white house to see if they make any progress. today is day 19 of the shutdown. if it persists on friday will become the longest in modern history. heather: it didn't sound like they were willing to come together at least from the democrats anger from what they said last night. while the president shows no

signs of backing down on border wall funding congressman kevin mccarthy says republicans may be the only ones willing to compromise on the deal. >> what is happening, i am thankful the president is calling us back again because this president wants to find common ground. he moved from a concrete barrier to make sure they had slats, and other elements the democrats talked about. every democrat will say they are for border security and i asked the question what is your definition of border security? who in america today believes you can have border security without some form of barrier? watch what happened in san diego, one of the safest cities because they have a barrier. we watched in yuma, arizona, there is illegal crossings dropped 90%. we know it works, we know we needed, we have to use technology as well. this is where the president has stand strong for the american public but more importantly he is the one person in the room that is trying to find compromise where the democrats

will not move at all. jillian: a lot of democrats believe in a barrier before including chuck schumer right there. in a rebuttal chuck schumer and nancy pelosi reiterated they have no plans on funding the wall. much more on this coming up. let us know what you think on social media. in the meantime bernie sanders sidestepping chuck schumer and nancy pelosi bringing his own response to the president's address. >> mister president, we don't need to create artificial crises. we have enough real crises. let us end this shutdown and bring the american people together, to improve life for all of our people. >> i don't know if corporal ronald thing's family would say

to them artificial crisis. a vote to reopen the government, sanders is considering another run for president in 2020. democrats pushing back on the border wall but apparently more than happy to use taxpayer money on healthcare. bill diblasio, the latest to push a plane catering to illegal immigrants. todd pyro live in studio with a look at the new fight from the left. >> calling a, quote, the largest, most conference of plan in the nation new york city mayor bill diblasio promising to guarantee healthcare for everyone in the big apple including those here illegally, his plan aims to serve 600,000 people devoting $100 million to others for health insurance. any information provided by illegal immigrants will not be shared with the federal government. >> there are undocumented people who cannot access traditional health insurance. we think there is a big audience

we can pool into this approach particularly when they hear you get given a primary care doctor. >> reporter: many republicans quickly objected to using taxpayer dollars to pay for healthcare for illegals. nicole tweet messaging our citizens have a hard enough time covering their own healthcare costs. now at new york city mayor wants them to pay for healthcare, 300,000 citizens of other countries. and tweeting us like a personal atm. this on the heels of the new company governor, gavin newsom, sweeping healthcare plan that would bring back individual mandate in the golden state. all this to the tune of $3 billion. and in line with liberal pushes for medicare for all, and asking the congressional budget office to analyze shifting all healthcare costs onto the

federal government. this in advance of congressional hearings of single-payer plans. jillian: bill diblasio says $100 million for 600,000 people. >> interesting math. 85 per person per year. jillian: turning to another fox news alert. a police officer hit and killed during a routine traffic stop identified in arizona. officer clayton townson approaching the car he stopped when another driver hit him. the drivers cooperating with investigators and fellow officers standing shoulder to shoulder as his body was carried out of the hospital overnight. is described as a caring, compassionate and true guardian, his wife and 10 month old child, our prayers with them. a man charged with murder in a drive-by shooting of a

7-year-old girl, larry woodruff, and the getaway driver. family, friends and city leaders gathered for an emotional farewell to jasmine barnes. she was shot dead as her family left a walmart parking lot. and alleged american isis fighter was once a teacher in an american school. she worked as a substitute teacher for three years in texas and send this resume to isis to try to get a job teaching english. he and another american were captured by kurdish forces, not much is known about the other man yet but we will find out and let you know. the white house looking to expand donald trump's paris powers, the president urging congress to pass a bill done but the us reciprocal trade act.

and nontariff barriers and local customs are too receptive. he may announce the new bill at the state of the union address which happens at the end of the morning. secretary mike pompeo could land in egypt any moment following a trip to jordan. the top diplomat expected to slam the obama administration's middle east policy in a major speech in cairo today. he aims to reassure allies the us will not abandon the region after pulling troops out of syria. mike pompeo will meet with egyptian leaders after making his next stop, remember president obama's >> egypt. florida's nuclear ron desantis wasting more time getting to work. the republican is expected to appoint a new supreme court justice today. three liberal leaning justices retiring. packing the court with conservatives.

rick scott just sworn into the u.s. senate. ron desantis will be live on "fox and friends" in the 6:00 hour. the time is 11 minutes after the top of the hour and donald trump making an emotional plea for the wall in his primetime address. the physical barrier is the answer to securing the nation but democrats demanding equal airtime after donald trump's address but are they just playing politics? the baker epicenter of an ongoing legal battle over his religious beliefs is speaking out. why he is suing his state. ♪

>> imagine if it was your child, your husband or your wife whose life was so cruelly shattered

and totally broken. to every member of congress, pass the bill that ends this crisis. heather: our top story donald trump telling lawmakers he wants to make a deal today and he has words for democrats about the crisis at the nation's doorstep. doctor gavin clarkson, i was looking forward to talking to you. >> belated happy birthday. heather: you live at the border and you can speak firsthand about the crisis, your response to what the president had to say. >> this was an impressive level of gravitas we have not seen from donald trump the far, very impressive speech, compact,

concise, and contain details, he detailed everything, he detailed the humanitarian crisis, detailed the security crisis, literally covered everything the demonstrate there is a crisis. i live on the border, the port of entry this week doing personal investigation. we have a serious problem. there is not a physical border. you can hop across the vehicle fens and that leads to a perverse incentive where irresponsible parents can be going for an immigration fraud and direct their children with them. the guatemalan girl who died died because her father was perpetrating an immigration fraud which is a felony under our laws and we should consider charge of the felony murder. heather: people on both sides of the border, that leads to the

next question, democrats and those not in favor of a wall saying this is a manufactured crisis and the president is lying about the situation. >> i will invite chuck and nancy to join me in take a drive along the border and i could show them where it is undefended in new mexico. it is a dilapidated barbed wire fence. what the president says is absolutely correct. we need a pedestrian border, steel flat barrier. it needs to be effective. it needs to be high-tech monitoring with broadband to southern new mexico. funneling the migrants to the port of entry and as the president said that will allow us to have necessary military resources to deal with emergencies. heather: the majority of people seem to agree with you. looking at this politico paul in terms of illegal immigration across the united states and mexico border 42% of people

agree with you, it is a crisis but you hear nancy pelosi and chuck schumer speak last night even though chuck schumer voted in favor of border wall previously specifically in 2006, they say this is not a crisis. >> if it wasn't for double standards chuck and nancy would have no standard at all, chuck schumer voted in 2013 for $46 billion of wall construction for president obama and filibustering legislation passed by the house only asking for tens of that for donald trump to build a barrier. it is the height of hypocrisy. because democrats are not serious about border security, it is a perverse incentive -- to deal with this problem.

>> what did you think of the response from chuck schumer and nancy pelosi? i asked people in social media what their thoughts were and a lot of people used the word freebie and others said in terms of what they had to say getting past the look of it which we will talk more about, they obviously weren't willing to work with the president. >> i describe their performances totally unencumbered by knowledge. they literally had not a single fact. everything they said was an attempt at emotion and that directly contrasts with the way the president detailed his proposal, detailed the willingness to negotiate, detailed the crisis, all the things we are trying to fix and democrats -- the only throwing a temper tantrum is chuck schumer because he was one it filibustered the house bill. heather: thank you for joining us. we couldn't even get into the

fact that your wife is a legal immigrant who has done this the legal way so you -- >> follow the rules, took her 14 years to get citizenship and she does not like people cheating to the head of the line. heather: we have to go, hard break, we will be right back.

heather: it wasn't chuck schumer and nancy pelosi responding to the primetime address, carly shimkus did too. serious xm 115 with all the reaction pouring in from lawmakers, celebrities and everybody has something to say. >> donald trump showed how serious he was demanding money for his border wall during his primetime address last might.

the big question is how did he do? according to the president the speech was a success. he took to twitter to thank his followers saying thank you for so many nice comments regarding my oval office speech. a very interesting experience. mitch mcconnell weighed in, for the men and women of the border patrol for the safety of american families and all americans who deserve a fully aberrational federal government i hope my democratic colleagues will come to the table and help deliver a solution but democrats remain unconvinced. kamala harris sang the president did nothing to offer a solution to families who will miss their paychecks this friday. we need to stop this self-made crisis and open the government. it is clear democrats and republicans agree the government needs to reopen. how we are going to get there remains the question.

heather: you left out the most important response, alyssa milano who said the president was lying, she doesn't agree with him. >> chuck schumer and nancy pelosi looked uncomfortable during this address. >> a couple minutes after the president finished speaking the democratic response and chuck schumer and nancy pelosi got the meme treatment. one person compared them to this famous painting and look at this tweet from george p bush who said we are not mad, we are just disappointed. we've all seen that from our parents before. greg got felled chimed in saying chuck and nancy look like they are selling a reverse mortgage and another twitter user named travis says one fact tonight, they need a bigger podium, built for two. they look uncomfortable. they looked squeezed in.

>> it looked bizarre. heather: another meme of their faces morphed together. >> that is best served online. heather: democrats doing trash in the white house. >> two democratic lawmakers from san francisco picked up trash from a national park in california and delivered it to the white house. take a listen. >> we need donald trump to wake up and smell the coffee cups and diapers and rappers and trash that is piling up. >> the garbage can say trump trash on them. some reaction on social media. you were lucky you weren't charged with littering. alfonso chiming in saying do your job, make a deal. that is what they are going to be trying to do. those discussions will continue.

heather: meeting with congressional leaders at 3:00 :00 pm today. the time is half past the top of the hour, donald trump trying to secure the southern border as the migrant crisis spirals out of control. what lessons from the open border policies, former uk independent party leader nigel farage joins us next. he donated millions to support democrats and stop donald trump but now is time sire about to take the next step into the political arena? the big announcement a key battleground state today. ♪

>> wealthy politicians build walls, fences and gates around their homes. they don't build walls because they hate the people on the

outside but because they love the people in the inside. the only thing that is immoral is the politicians to do nothing. heather: donald trump hammering home his america first message while making the case for a border wall but the united states isn't the only country dealing with a migration crisis, both broken out across germany over week immigration policies and in the uk week borders were catalysts for the brexit movement. is donald trump trying to prevent the damage we have seen done to europe? former uk independence party leader and fox news interviewer nigel farage. good to have you with us. what lessons can we learn from europe and what was your overall take on what the president said last night? >> the primary duty of any government is to look after the integrity of the nation and protect its own citizens.

that is what governments are supposed to do. in europe, we pretended there were no national differences between britain and germany and france and romania, an area of complete free movement without anybody being checked and we allowed anybody that came across the mediterranean and set foot on european soil to claim they were a refugee. the reality is hardly any of them qualified as refugees. it was people seeking their own economic advantage and mixed in with it too many people got on to commit crimes and even terrorist acts at the trump administration looked at that. they've seen the social change in germany and sweden, the rise in crime, the growing anger of the european electorate that governments are not putting their own interests in, the trump administration saying we will learn from europe even if democrats have their head in the

sand. heather: speaking of having their heads in the sand this is a manufactured crisis and there isn't an issue in terms of potential terrorists crossing the border but as you mentioned, look to europe as a specific example. >> how about this? of the eight people who committed acts of total barbarism in paris, 5 of them came into europe across the mediterranean claiming they were refugees. what more evidence do you need that you need to be careful about how you let into your country? some of the figures the president produced last night show it, the 261,000 illegal aliens who have been picked up by american services the last two years but members of them with previous convictions report violent crime, sexual crime and murder, that will strike a chord. my feeling was what he did last

night was get a very presidential address, i reckon that is going to be the talking point in america today. my sense is he will get the american people behind him with that talk. heather: let's look at the stats you were referencing, illegal traffic has dropped 90% where walls are up in el paso, you the, tucson, san diego, 54 democrats including schumer voted for $46 billion in 2013 to build a physical barrier so he knew then that it worked and in terms of asylum claims they increased by 1700% since 2010. heather: >> one of the problems that is not unique to america and capitol hill, too often in politics across the western

world people put the interest of their own political party above that of the interest of the country. what trump was doing, come on, put pressure on these democrats, get them to do what is right for the country, get them to do the things that makes america the safest. i wish across europe we had done this a few years ago. please do not make the same mistakes we made. heather: i don't know how they can stand there and say this is a manufactured crisis when earlier in the show i mentioned specifically corporal ronil singh is one example to his family come his 5-month-old child sitting at home and his wife, it is not a manufactured crisis. >> it is very real. the word refugee is being totally abused. when you go to the beginning to understand refugees are people in fear of their lives because of their race, religion or

political or religious ideology and all of us in america or britain, across europe, we want to help people who are genuinely imperiled. we don't want to allow criminal gangs to do this on a scale they are. heather: not included on the list, economic reasons. we appreciate your insight. donald trump's attorney general pick set to meet with two key lawmakers today. william bar scheduled to sit down with senator chuck grassley and lindsey graham, grassley is the outgoing chair of the judicial committee, graham is the incoming chair. confirmation hearing set to begin next tuesday. christian baker speaking out after a judge allows his second lawsuit to move forward. jekyll accusing the colorado civil rights commission avast i civil rights, declining to make a cake celebrating a gender

transition. phillips says he should be free to protect his beliefs. >> we serve everybody who comes in the shop regardless of their sexual orientation or marital status or anything like that. we don't create a cake people ask us to create because of the message they express. heather: phillips won a supreme court case over his or fusil to make a cake for same-sex wedding because it violated his religious beliefs. the florida sheriff being criticized for the way he handled the parkland school massacre may soon be punished. broward county sheriff scott is real telling staff he expects to be suspended with the new governor in charge according to the miami herald, the 2018 school shooting you will remember left 17 people dead. this week ron desantis hinted at a possible suspension. eight years after surviving an assassination attempt former

congresswoman get begin thirds unveils a new gun safety bill. >> my life was on the line, now is the time to come together. we must never stop fighting. fight, fight, fight! heather: this would require background checks for private gun sales. giffords hugging fellow shooting survivor congressman steve scalise. house minority whip was nearly killed when a gunman opened fire on a congressional baseball practice in 2017. the time is 20 minutes until the top of the our. alexandria ocasio-cortez tries her hand at responding to the president's primetime address. >> he's fighting against every way people can actually legal into the country, forcing them to become undocumented. heather: donald trump fighting

for legal immigration? scratch off lottery ticket lands this guy behind bars. he ended up seeing green and why he is green with envy.

heather: alexandria ocasio-cortez thinks immigrants at the border are more american than donald trump. >> he's fighting against almost every way people can legally into the country, forcing them to become undocumented and then trying to attack their undocumented status. it is systematic, it is wrong and anti-american. those women and children trying to come here with nothing but the shirts on the back to create an opportunity and provide for this nation are acting more in the american tradition than the president is right now. heather: the new york congresswoman slamming the president's immigration policies shortly after his address on the

border crisis. as our government tries to come up with a security solution mexico has a plan. the country will post guards at 370 crossing points on the mexico guatemala border in addition to beating up security at 12 points of entry. many migrants cross into mexico through two rivers that separate the country. last october thousands of migrants clashed with agents there. how about business news? facebook sparking outrage once again. some samsung users finding out they cannot delete the facebook apps from their phone. tracy carrasco explains their frustration. >> reporter: this comes at a time when facebook users are more aware, alert of their digital privacy and according to a report in bloomberg they were saying some samsung users are finding out they cannot delete

the facebook apps from their smart phones. imagine their frustration. they say they are only able to disable it. that doesn't mean facebook is going to be tracking you, essentially the same as deleting it, that is what a facebook spokesperson said that many users say we should be in charge of what is on our smart phones. not sure which samsung devices this includes but you can imagine they would want to be in control of what is on their phone. heather: let's talk about starbucks debuting cinnamon shortbread latte. >> reporter: this is a new drink at starbucks, espresso with brown butter topped with cinnamon and nutmeg. this is part of a new thing they are debuting as they usher out holiday treats. also some new items on their

menu. egg whites, ham and swiss, red velvet sounds good and an updated recipe. heather: all i see is red velvet cake. thank you for joining us. have a great day. coming up donald trump meeting with top lawmakers to reach a deal to end the shutdown but if they can't agree what happens next? the president could secure the border without congress and if that happens will this play out in the courts. we break it all down.

heather: deputy attorney general rod rosenstein expected to leave his role in coming weeks. this according to abc news, rosenstein told the white house he will depart around the same time attorney general william bar is confirmed in the senate. rosenstein and the president had a rocky relationship, we told you about it. rosenstein wanted to secretly record the president in the white house, abc reporting no indications rosenstein is being forced out. much more on this throughout the day for sure. here to weigh in is constitutional expert byron henry. that is what we brought you and for, your comment on this breaking news involving rod rosenstein. >> it would be a routine shakeup

if not for the russia probe. this will complicate spotlights, maybe make it following daily the confirmation hearings for bill bar, donald trump's nominee to be attorney general, who would be in charge of the russia probe after rosenstein exits and he becomes attorney general. that will probably make the russia probe the sole issue with respect to his confirmation and he's meeting with lawmakers soon. heather: the same report that rosenstein is not being forced out. >> that will make it more controversial but the president has the authority to do so. and despite disagreements donald trump has resisted with some say

the urge or desire for rosenstein to leave voluntarily or involuntarily. this is a routine shakeup of the justice department if not for the russia probe. heather: not as big a deal as we know it was made out to be. let's get back to the big discussion last night, if lawmakers can't make headway with the funding deal today, what is the president's authority to act himself? >> interestingly there are dozens of statutes delegating authority to the president of the united states, a vast array of situations to use emergency powers to take other actions with further congressional approval. this deals with border security

in emergency situations that would fit this bill. it is not beyond the pale that donald trump had the authority given to him. to address the issue. >> we referenced the codes and other things the president could use to authorize the building of this wall but only during an emergency. >> he stopped short of declaring an emergency, the statute would be applicable in this case, one in which the attorney general sends a memo to the president stating an emergency and the president decides whether to accept the attorney general's declaration to sharon emergency and that would end -- institute his emergency powers and he could spend time to take other action without further approval. heather: hearing the democrats

say they will not agree to this, any path the president can take that doesn't end up as a fight in the courts or just like the travel ban? >> it is similar to the travel ban. when the president declares an emergency, the courts look at donald trump's reasoning behind that travel ban. and the supreme court regardless of who is president following decades of presidential jurisprudence that don't second-guess the president on national security issues, if the president declares emergency i would be surprised if courts, the supreme court second-guessed his determination that ends the immigration issue on the southern border. heather: would they begin work on the wall when that was happening? >> we would try to get an injunction like the travel ban.

that was short-lived. the bottom line is most arguments against the wall whether it is immoral or ineffective those are political arguments, not legal. the president has the legal authority to build a, courts have no business to begin, countless would have to pass a law and started if donald from the to the law they would have to override that veto. heather: thank you for joining us, appreciate you bringing it up for us. we will be right back.

heather: democratic mega donor tom stier could enter the 2020 race. the billionaire financier and as his plans during a townhall in des moines, iowa today. because of the first in the nation, we will follow that. now it is time for the good, the bad and the ugly. a wedding ring returned to its owner more than 40 years later. a car enthusiast in iowa finding the prize position in the motor of an old car he bought for parts. the owner of the ring calls at the reunion of a lifetime. accused of stealing his roommate's and million-dollar winning lottery ticket. he replaced with a losing ticket before trying to cash in but when he realized what happened he called the cops. the ugly. a driver runs through traffic shaking a runaway tire.

it fell off, he ran after it to protect other drivers, this happened in houston and eventually caught up with it. that reps of this our, another busy day, "fox and friends first" continues right now. goodbye. >> my fellow americans. there is a growing humanitarian and security crisis at our southern border. every member of congress passed a bill that ends this crisis. rob: donald trump making a historic speech from the oval office pushing congress to approve a border barrier. jillian: democrats taking a fair share of airtime. >> start with the fact. >> symbol of america should be the statue of liberty, not a 30 foot wall.