he made her year, you are already a hero. most grateful you spent the evening with us, good night from washington. it is tuesday, february 19th, this is "fox and friends first". fox news alert, rod rosenstein leaving the justice department within a matter of weeks. who is next in line? we are live in washington. >> this president is a legitimate threat. trying to bypass the will of congress. heather: presidents' day, democrats looking to the

liberal ninth circuit instead. the latest legal battle enough to block the border policy? what we are learning about the american hero. this iconic world war ii photo. "fox and friends first" starts right now. ♪ heather: you are watching "fox and friends first" on tuesday morning. thank you for starting the day with us.

another busy one on tap. rod rosenstein expected to step down next month. the departure after former fbi deputy director andrew mccabe revealed an inside job to remove donald trump from office using the 25th amendment. griff jenkins live in washington with how the president is responding. >> reporter: the president is not the only one responding, we previously reported, bill barr took over. the confirmation that barr will replace rosenstein with jeffrey rosen. he previously served as general counsel and senior policy advisor for the office of management and budget under george w. bush, the dot prior to that, these changes in the

wake of that firestorm by fired fbi director andrew mccabe suggesting rosenstein discussed the 25th amendment to drive donald trump from office, willing to wear a wire and claims the doj dismissed. the president was tweeting. the abuse of power and corruption scandal in our history is much worse than we thought. andrew mccabe admitted to doing this when serving in the fbi, before he was fired for lying and leaking. he knows sean hannity and fox news and says treason. senate judiciary chairman lindsey graham wants to know more. >> a significant moment in american history of true. oversight is part of my job, checks and balances, congress watch those who watch us, try to find out who was in these meetings and talk to all of them. somebody is lying.

>> reporter: the official announcement of jeffrey rosen being picked may come as early as this weekend also comes from senator graham. heather: i wonder if we will see a timeline on that change. mccabe's notice to lunch his own probe into donald trump are under fire. victor davis hanson says he and other top fbi leaders were expecting to be praised for their actions if hillary clinton was president. >> trump is a special case, that would be the best take on it. the worst case is they thought all along when they started this during the campaign, hillary clinton was going to be elected and that behavior would normally be excused if not rewarded and once that failed we will take this dossier -- when he says he opened up a

counterintelligence investigation he had grounds for doing so. and rumors and smears and slander and the dossier he had been told in 2016 by bruce or himself that his spouse worked on. that is all just rhetoric. >> donald trump calls it illegal and treasonous. california leading a multistate lawsuit against donald trump. emergency declaration, taking the legal battle to the liberal ninth circuit court claiming the action is unconstitutional after the president declared a national emergency allowing him $6 billion in military funds to build the southern border wall. the states say moving money where their economy. the failed 2016 presidential

nominee taking aim at the declaration. hillary clinton pushing donald trump's efforts to secure the border, the secretary of state tweeting, quote, the real national emergency is religious gun violence, children separated from their families, climate change, americans dying for lack of healthcare. presidents' day saw thousands of people protest nationwide against donald trump and his national emergency over the border wall. "fox and friends" for cohost robert schmidt talk to those activists and joins me with more. a huge crowd. >> maybe 150, 200 people, another anti-trump protest in union square in manhattan and it was pretty colorful, the songs they wrote, they are good at protesting. one of 275 protests across the country, 16 different states filed lawsuits against the president's declaration in the ninth circuit as well as the number of organizations filing

lawsuits. i went to union square to check it out. >> i'm a progressive person. >> what this president is doing is unforgivable. >> the of the lies, sick of the destruction of democracy happening in the last two years. >> the president present a legitimate threat. is trying to bypass the will of congress. if this is and fascism i don't know what his. >> anti-immigration or anti-illegal? >> these anti-nonwhite immigration is what i think. >> the national emergency declaration, what do you make of it? there is no national emergency on our border. >> there is no crisis. there is a crisis on the planet if we want to talk about climate change. >> the national emergency is trump. >> what should it look like?

>> the country needs secure borders, to treat people with compassion and dignity. >> reporter: you believe in some kind of barrier but not a wall from sea to see all the way across? >> i believe there are smart ways to control immigration. >> never denied we need a safe border. we have a problem building a massive wall is not going to fix anything. >> reporter: you think there should be any border at all between countries? >> i don't know. i've thought a great deal about it and i'm not sure there should be a border. >> we should have an open border. we don't need a wall. that's $5 billion that could be spent on things that could make more substantive change. >> it depends on who you ask. there were a slew of different opinions. a number of different protests within this group. there was anger from one protests to another protest. you saw people with a more pragmatic we need a border, we don't want the wall and a lot of people saying give us open

borders. there should be a global community. the nato supporters and far left liberals but a lot of moderates as well. kind of a slew of anti-trump. heather: like how you described it, colorful. >> reporter: they know how to protest. heather: donald trump addressing the crisis in venezuela warning against the dangers of socialism. >> socialists have done in venezuela all of the same things socialists, communists, totalitarians have done everywhere. they had a chance to rule. the results have been catastrophic. this will never happen to us. heather: the president telling a crowd of venezuelan americans in miami than a new day is coming up.

he slammed nicholas maduro for blocking humanitarian aid from entering the country and reiterated support for interim president juan guaido. first responders saving 16 people stranded on an amusement park ride overnight. passengers including children and a baby were left hanging over water in san diego, it took hours to save them one by one, lowering them into rescue both using harnesses. this you world ride came to a sudden stop after a strong gust of wind tripped the circuit breaker. the ride will be inspected before it reopens. scary. happening today. the missing colorado mom heads to court. prosecutors try to prove there's enough evidence to put patrick frady on trial, her body has never been found.

her parents say he killed her over a custody dispute surrounding the couple's one-year-old daughter. an update for you. ruth bader ginsburg expected to return to the supreme court bench today. arguments for the first time since having surgery to remove cancer in her lungs. she's been working from home before her recent absence, she never missed and moral arguments and being confirmed in 1993. time is 11 minutes after the top of the hour and donald trump says the chaos in venezuela should be a warning to everyone in america. >> socialism promises a better future but it always returns to the darkest chapters of the past. heather: debbie desousa was born in venezuela and says what is happening there is a threat to our country, she joined us next to explain. one waitress gets a big tip for

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>> we know the truth about socialism. socialism promises prosperity but it delivers poverty. socialism promises unity but it delivers hatred and it delivers division. heather: donald trump denouncing socialism in venezuela and slamming the maduro regime assuring americans this time the danger of socialist society will never have a place in our country. what, if anything, should the us be doing? debbie was born in venezuela and joins us with her message about the true impact of socialism. really appreciate it.

i once to begin with this. in terms of what the president had to say last night. speak to that and add your experience. >> donald trump was correct, socialism is the opposite of freedom and democracy. the promise of socialism, free-for-all, free for everybody. and everybody becomes equally miserable. the only people that benefit are the government elite, the ruling class. everyone else suffers from it and the message is socialism is not what kids think these days.

they think it is cool, free this, free that, free school, and it is not. it robs the working-class people from their labor. i want to equate it to something it would be slavery, it is present day slavery. >> in terms of what the us should do. listen to the message to the maduro regime in the military specifically. >> we want to restore venezuelan democracy. if you choose this path, the opportunity to forge a safe and prosperous future, continuing to support maduro. you choose this path, you will find no safe harbor, no easy exit, no way out. you will lose everything.

>> the maduro regime, will probably have impact. >> maduro is a tyrant and tyrants don't usually give up power willingly. the military in venezuela is right now under his watch and they are very, very subjected to him so the only way he can help you to talk to the military in venezuela and ask them to please do the right thing. and help get this tyrant out. heather: he i want to reference what you are speaking of in terms of young people not realizing what socialism is and

what the implications are. we have this poll that 50% of self identified liberals have this favorable view of socialism. why do they seem to want to mirror a situation we see unfolding in venezuela, also when we hear potential 2020 democratic candidates for president speak to the socialist agenda as if it is a favorable thing? >> they don't understand what socialism is. they hear the rhetoric and fall for the lies. they think socialism is a good thing, that it is humanitarian, that it helps the poor but it doesn't. it robs people of their own labor. in venezuela that is what happened. people started to flee the country because they no longer could stay in a country that

had everything nationalized. so the humanitarian aid is something that they needed maduro being the tyrant that he is is not letting them have it so the only way to have that for the people is to remove that tyrants. heather: thank you so much for joining us, we appreciate it. the time is 20 minutes after the top of the our. kamala harris says she's not like bernie sanders and alexandria cardio cortez. >> the democratic socialists part of the party.

>> i'm not a democratic socialist. heather: she is trying to split from the socialist wing of her party. social media spread. the juicy small it story is falling apart. carly shimkus with more. want more from your entertainment experience?

just say teach me more. into your xfinice remote

to discover all sorts of tips and tricks in x1. can i find my wifi password? just ask. [ ding ] show me my wifi password. hey now! [ ding ] you can even troubleshoot, learn new voice commands and much more. clean my daughter's room. [ ding ] oh, it won't do that. welp, someone should. just say "teach me more" into your voice remote and see how you can have an even better x1 experience. simple. easy. awesome. heather: social media accused of censorship again. they are trying to hide post about the now disputed hate attack on actor jussie smollett. carly shimkus with serious xm 115 here with more on the viral controversy. i will answer anything from you.

>> donald from junior says facebook owns instagram, remove the post of his that marked the jussie smollett story. he later went to instagram and complained, you center any conservative voice but there's nothing in here that wasn't covered in every news source, it was fine to discuss at length but now it is a hate crime, and instagram told the daily call his post was removed in error. moving on to facebook, conservative authors say that their posts about the jussie smollett story were also banned from the site. one of them was from the daily caller, a facebook message saying her post goes against community standards and folks are sounding off on social media, one person taking to facebook saying unreal they would take it down but hate speech toward conservatives is okay and another facebook user

said this sort of censorship continues i am done with every media outlet that doesn't present both sides of the debate. this is happened so many times. the post was removed as a mistake but how many mistakes -- todd: 1 why these things are happening and stop it from happening. ill on omar in this message that went out. >> reporter: omar had to apologize for anti-semitic tweets and she is seeing support from well-known anti-semite louis farrakhan. >> sweetheart, don't do that, you do have a sweet heart and your is using it to shake the government up. you have nothing to apologize for. >> reporter: a lot of folks on

social media talking about this was when twitter user says telling omar not to apologize for her anti-semitic comments, absolutely disgusting, tom tweets will omar condemned the speech? not the person most politicians want support from. heather: this iconic picture everyone will recognize from world war ii. >> we see this beautiful picture before. the man kissing that nurse, somebody the end of world war ii, has died. he reflected on that photo saying he was so happy world war ii had ended that he grabbed her and kissed her even though the two had never met before. he died two days shy of his 96 birthday.

one of the times the entire nation was relieved and joyous without exception it will rain says rest in peace, thank you for your service. very proud of that photo and service, we thank him. >> a lot of artists have replicated that in paintings and murals and things like that. thank you. the time is 28 minutes after the hour. 16 states are suing to stop donald trump's emergency declaration for the wall. not on the list, pennsylvania. mike kelly says that is because his state wants to protect the american people and he joins us up next. this is an urgent message from the international fellowship of christians and jews.

there is an emergency food crisis for elderly holocaust survivors in the former soviet union. this is a fight against time. what we are dealing with is coming out meeting someone who is 85, 90 years old, can't get

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stories, rod rosenstein expected to step down as deputy attorney general next month. the departure coming after a bombshell admission from andrew mccabe about an inside job to remove donald trump from office. deputy secretary jeffrey rosen expected to replace him. no school today, for 250,000 children in west virginia as teachers had the picket lines hours from now upset about a new education bill that would use public money to fund charter schools and private school vouchers. the same teachers went on a strike for 13 days last year triggering a series of teacher strikes across the country. california has a lawsuit against donald trump's emergency declaration, 16 democratic attorney general taking the legal battle to the liberal ninth circuit court, they say the president using money to build a border wall will hurt their economy. pennsylvania was not one of the 16 states filing a lawsuit

against the national emergency declaration and does that prove middle america stands with donald trump? mike kelly joins us to weigh in, thank you for joining us, we appreciate it. as we begin our discussion let's pull up a map of 16 states that are suing, pennsylvania not one of them. why not? >> pennsylvania has a different view. our coast guard in erie, pennsylvania worked without pay over a month during the shutdown. these are great people. why did they go to work? to protect the american people. right now pennsylvania is looking at what is best for pennsylvania. we tend to make every usual political issue and not a policy issue and when you go away from good policy and politics it is not good for america. heather: what is next in this process and what do you hope

congress can do to come together to fix the situation? >> when put into an emergency situation they can put these things into effect. i have been there for eight years, the immigration problem has been a problem since day one. getting people to come up with policy for all-america and not a political battle, policy over politics. if you can do that stay on course, look what is best for the people you represent. i represent 750,687 people in western pennsylvania and northwestern pennsylvania. it's not what is best for me but what is best for them. protecting the american people, that is job one. if we can't look at the emergency situation on the borders i am telling people you need to stop running for office to get elected looking for power and not looking for good policy. heather: you had been there for eight years. do you find that the use of

politics over policy has become more prevalent during the trump administration? >> sure. we know everything taking place is about 2020, the next election, here's a duly elected president that a few years into this administration still by a certain group of people will never be accepted as our president. look at what happened in the past and this is a man who came out of the private sector, that's where he doesn't fit in with politics as usual. i will give this president and his first family the courage for standing up to a group of people that will never accept, constantly degrade them and criticize them. it is absolutely deplorable what is taking on, a very deplorables in the country there are and those are the people who refuse to follow the constitution, the fact that we have a duly elected president and administration did in two years change this entire

economy around and all-america is better for it. julie: speaking of a constitutional crisis what is more hostile to our country? the border security recent accusations of democrats weapon rising the doj, andrew mccabe, rod rosenstein and what some call this coup attempt to oust the president? >> when you hear with these people talk about, elite members of the fbi, we have wonderful people doing great job to protect the american people. i get people say this is chilling, not chilling, there should be outrage that this small group has decided this president shouldn't be, the american people made a mistake, can't come up with an insurance policy. people so lucky to get elected, they didn't think they could get elected so they never thought any of this would come out, the american people should be outraged this small group of people decided to take it upon

themselves to take a duly elected american president out of office using the excuse of the 25th amendment and not telling people what the 25th amendment was about, it up president was incapacitated, not a president you don't agree with, it is an outrage what has taken place and people need to be removed and if you look to the famous people are i don't care who you talk about, great american patriots doing things that sound more like a third world country than the united states of america. heather: he thank you for joining us at this early hour. you are on deck and fired up, we appreciate it. >> we should all be fired up in our countries in great danger. heather: he stories we are continuing to follow, this has a lot of folks fire, brothers questions and the alleged attack on empire actor jussie smollett speaking up. in a joint statement they say, quote, we are not racist, not homophobic and not anti-trump.

we were born and raised in chicago and are american citizens would brothers once considered persons of interest were questioned, they were questions but released without charges. jussie smollett claims he was attacked by men shouting m aga country and racist and homophobic slurs, his lawyers deny reports it was a hoax, police want to question the actor again. many say these accusations but donald trump supporters in danger. if these claims are found to be false conservative radio host larry elder says the actor should be the one charged with a hate crime. >> why so many people believe it? the answer is they despise donald trump, donald trump is a racist, donald trump supporters are racists, they are homophobic and people that engage in violence so they want to believe it and ran with it and are embarrassed. isn't good news, this is not true, we are in a country where if you walk into the street at

2:00 in the morning, you have to be fearful that because you don't like trump, people being relieved, angry at people laughing at jussie smollett. anyone who wore a m aga had after this incident can look over his or her shoulder for fear someone might do an act of reputation because of what happened to jussie smollett. >> reporter: he was attacked in downtown chicago st. january 29th when walking to a subway restaurant at 2:00 in the morning. much more to come on that. 20 minutes until the top of the hour and your safety at risk, the airline accused of mismanaging the weight of checked bags sometimes as much of 1000 pounds, putting planes full of people in danger. >> being green and responsible, hurt the economy, a lie. heather: cory booker slamming critics of the green new deal. is he right? we will take a closer look.

>> a major airline accused of putting passengers in danger by not tracking the weight of planes. tracy carrasco here with the new report. >> reporter: the faa is investigating southwest airlines. some southwest airlines made some mistakes that caused pilots to compute the wrong weight into planes before they took off. in some cases discrepancies as many as 1000 pounds difference. knowing that there are some discrepancies caused issues with the aircraft before taking off. adjustments need to be made as far as takeoff speed, cruising speed, new memorability -- maneuverability. they are cooperating with the faa.

the faa says no accidents have been linked to any of these weight discrepancies. heather: there have been accidents in the past that have been linked to weight discrepancies so that can be very serious. cory booker downplaying reports of the cost of going green. he said this live being put out that somehow being green and responsible for the environment means you have to hurt the economy, a lie. >> reporter: cory booker making these comments in new hampshire while a presidential campaign. he said it is possible to revive the economy and create a bold green future citing his experience as the mayor of newark, new jersey. he said we environmentally retrofitted our buildings, save the taxpayers money, created jobs for the community and lower our carbon footprint. the green new deal would be a

total economic transformation toward clean energy among other things including building across the country, republicans taking issue with that, the $7 trillion price tag of this proposal. heather: appreciate it. other headlines quickly. police ramping up the search for hit and run driver who sent a little girl flying through the air. look at this. you can see the 7-year-old thrown several feet into the air in a california parking lot. incredibly the little girl walked away with only a few bumps and bruises. there's a $2500 award for information on the driver who drove away. police officers rescuing children from an alleged carjacker. dramatic moment, body camera video in tulsa, oklahoma. >> hands up.

heather: officers pulling the driver out of the car at a gas station. he allegedly stole the car with two young children inside when their mother went into the store. the children were not injured, the suspected carjacker facing several charges including kidnapping. glad those kids are okay. the time is 15 after the top of the hour and america ramping up the development of its artificial intelligence thanks to an executive order from donald trump. drone warrior says a covert arms race has begun with china, and to ensure the us does not lose, he tells us how up next.

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heather: donald trump taking a step in advancing american innovation on artificial intelligence, the chinese are trying to capitalize on. will be executive order keep us ahead of other foreign powers on modern-day technologies? our next guest says this will put us on the road to winning the ai race, special operations analyst joins me to discuss more. thank you for joining us. as we begin our discussions, let's pull up some of the element of this american ai initiative beginning with increasing efforts to educate american workers on ai, improving access to cloud computing services, promoting cooperation with foreign powers. and funds for ai research and development. how do you think this will benefit us? >> what this executive order

does is rapidly accelerate america's pursuit of sophisticated artificial intelligence technology necessary to maintain our economic and military dominance and this is a direct response that the chinese were covertly increasing their autonomous weapons capability. we've seen the chinese military working to increase artificial intelligence, autonomous weapons as fast as they can. the chinese president largely believes the same thing the russian president believes, whoever controls or rules the artificial intelligence space will be the ruler of the world and that is scary when you think about it. they put into place information systems, to dominate that and do the things that will control our daily lives. people need to understand artificial intelligence isn't just a tech trend. it will be part of our daily

lives and every day businesses are going to use it. we need to dominate that space. >> >> they build aggressive geopolitical aspirations, is it too late to jump from behind to had on them? >> we will differently face and barriers in the process, if you problems we will be faced with to allow us to win this modern-day arms race. we have some of the brightest lines in silicon valley to develop these algorithms and create this information but they are the first people who protest when used for military and the chinese don't have to deal with that. their government works hand-in-hand with our technology firms and we have companies like google which we have seen in this recent project which was a joint venture between the pentagon

and google to create artificial intelligence solutions to help the military with drone technology and they started protesting. the chinese don't have to deal with that so they don't have the same issues. the other thing is artificial intelligence drives on big data. when we are overseas and they are trying to root out the last remnants of isis in syria and hunt down terrorist leaders they are using the data to understand how to go after these terrorist leaders and the ability to understand that better than us. heather: this is happening right now. we definitely need to work on it. thank you so much, have a great day. we will be right back. ♪ hoo

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>> kamala harris distancing herself from the big-name contender. >> bernie sanders describes himself as a democratic socialist. are you moving toward the democratic socialist part of the party? >> the people of new hampshire will tell me -- i will tell you i'm not a democratic socialist. heather: harris will not following sanders's footsteps, speaking to voters in new hampshire. the vermont senator has not announced if he will run in 2020.

the washington post columnist comparing m aga has to ku klux klan hoods, saying, quote, in a few generations, finding a mag hat in your parents closet would be like your grandfather or grandmother's face in one of those photos harassing black people. trying to fight jim crow and when their equal human rights. last month you remember actress alyssa milano was criticized when she said it was the new white hood. she refuses to apologize was we asked what you thought, most probably washington post writer went too far. patrick says we can't wear a hat that represent our president without being friends, there is a problem in this country. on instagram, discussing comparison, shame on him. another insane person can't handle winning. facebook, they know the campaign hats were brilliant and effective. they are attacking them because they do not want the 2020

campaign to be successful, they will attack anything to win. time for the good, the bad and the ugly. first the good. a pregnant waitress left in tears after a police officer leaves a $100 tip. the new jersey cop stunning the server on his $9 bill. >> i respect all officers. i respect them and their job. heather: the officer left the waitress a note reading and joy your first. you will never forget. el chapo the alligator found protecting the drug house, a stash of narcotics during a drug raid in pennsylvania. the notorious drug lord el chapo was convicted last week. this giant talk, and camera trying to steal a dog. the bird pinning the your gate to the ground outside a nevada home.

forced to bash the bird with a pillow until the bird let go. 's owner believes the bird is someone's pet. the dog is okay. that wraps up this hour of "fox and friends first," thank you for joining us. "fox and friends first" continues, have a great day, goodbye. jillian: tuesday, february 19th. happening at 5:00 am a fox news alert. rod rosenstein leaving the justice department within a matter of weeks but insists it has nothing to do with the fallout from andrew mccabe's explosive accusations. rob: who will replace rosenstein, live in washington with more on that. thousands of liberal demonstrators protesting the trump administration's national emergency is democrats in power look to the ninth circuit court. jillian: will their latest legal battle be enough to rock the white house border policy. how many bath towels do