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 you

have at home? rob: "fox and friends first" continues right now. ♪ rob: i tell you what, not a bad song. higher love on this -- big steve winwood fans here. you are watching "fox and friends first" on tuesday morning. jillian: thank you for starting the day with us.

fox news alert, rod rosenstein expected to step down as deputy attorney general next month. 's departure coming after former fbi deputy director andrew mccabe revealed an inside job to attempt to remove the president from office. rob: griff jenkins live with the latest on all of this. >> reporter: we have known and reported rosenstein intended to step down when the new attorney general took office but we have a better timeline, mid-march. confirmation, jeffrey rosen currently serving as deputy secretary of transportation, previously served as general counsel, policy advisor for the office of the white house management and budget under george w. bush and for that was general counsel at the department of transportation. this change comes with firestorm created by andrew mccabe who believes he was fired for opening an investigation to look into

donald trump, claims rosenstein plan on using the 25th amendment to remove the president and rosenstein was willing to wear a wire. tweeting in response, the biggest abuse of power and corruption scandal in our history. it is much worse than we thought. andrew mccabe plotted a coup, government overthrow when serving the fbi, before he was fired, for lying and leaking, treason. senate judiciary committee chairman lindsey graham wants to know more. >> if it is true, what i will do, oversight is part of my job. we have checks and balances in congress, we will watch those who watch us. trying to find out who was in these meetings and talk to all of us and find out who is lying. >> reporter: no timeline when hearings begin but an official announcement could come as early as this week. jillian: thank you very much.

rob: former fbi deputy director andrew mccabe and rod rosenstein at this point accused of thinking about trying to pull a political coup against the president, but could there backfired intentions expose a deep state within the fbi? jillian: according to the director of fbi counterterror finding out who orchestrated these plans could reveal the operatives. >> a political party, the democratic party turning harder and harder left which in itself is a major national security risk. we do not know to this day exactly what happened at the fbi when it still existed in the fbi, these kinds of issues, perhaps people appointed by mccabe before we left and we need to get to the bottom of all these things.

people need to know who orchestrated this because it is unbelievable. that there is not somebody behind us who pulled together and compromise the fbi. we are not getting into the fact that we could have had anything from bribes to greed. all these things are factors. rob: comments about medicaid and rosenstein invoking the 25th amendment. >> california leaving a multistate lawsuit against donald trump's emergency declaration. 16 attorney general taking the legal battle to the liberal ninth circuit court claiming the action is unconstitutional after the president declared a national emergency allowing him to move $6 billion in metallic funds to build a southern border wall, the state says moving money will hurt their economies.

donald trump addresses the crisis in venezuela warning against the dangers of socialism. >> years of socialist rule have brought this once thriving nation to the brink of ruin. this will never happen to us. jillian: debbie desousa shared her thoughts on the president's speech in miami. >> donald trump was correct, socialism is the opposite of freedom and democracy. the only people that benefit are the government elite. jillian: donald from slammed the venezuelan president nicholas madero for blocking humanitarian supplies from entering the country. rob: two brothers question the alleged attack on empire actor jussie smollett speaking out in a joint statement saying, quote, we are not racists, we are not homophobic, we are not

anti-trump. we were born and raised in chicago and are american citizens. chicago police once considered the brothers persons of interest but they were released without charges. jussie smollett claims he was attacked by men shouting m aga country and racist and homophobic slurs in downtown chicago. 's attorneys deny reports and a lot of evidence this was just a hoax, police want to question the actor again and he's trying to avoid it. the fiancé of a missing colorado mom heads to court, prosecutors will try to prove there is enough evidence to put patrick frasey on trial, he is accused of the murder of kelsey barrett who disappeared thanksgiving day. barrett's parent say he killed her over custody dispute surrounding the couple's one-year-old daughter. jillian: no school today for

250,000 kids in west virginia as teachers had the picket lines hours from now. a new education bill would use public money to fund charter schools and private school vouchers. what triggered a series of teacher strikes across the country. rob: did you get a chance to look up last night? a snow moon lighting up the night sky, the brightest, look at that, beautiful, and largest fool moon of the year, it will reach its peak early this morning when it is closest to the earth but it will still be visible tonight. if it is clear where you live you will get a chance tonight, the third and final super moon of the year is next month. jillian: so many names, super blood, blood, janice, why do we keep doing that? >> good question.

it comes in january. i have to google this but there's a lot, almost like an optical illusion. it is cold outside and it feels cold because we have windchill in a lot of areas. feel like-22 in fargo and 13 in new york city. it is cool for much of the country. the past 24 hours dealing with potential for snow across the rockies but our next big system is developing in the gulf of mexico and that will bring us a mixture of freezing rain, sleet, ice, snow as it goes across the ohio river valley towards the mid-atlantic and the northeast wednesday into thursday. we will see significant snow across the great lakes and a mixture for parts of the northeast and the mid-atlantic. the ice again, potential for

heavy rainfall in the deep south and that icy mix where we can see potential for significant ice on the roadways and power lines across portions of the appellations, interior mid-atlantic region. those areas need to pay close attention and we will have travel delays. when is spring coming? it is coming soon. sometimes feels a little longer. rob: it gets bad, you are so close. >> the groundhog says early spring doesn't mean instant spring. that is all i have got. rob: thank you so much. jillian: 10 minutes after the hour, the crisis in venezuela front and center as donald trump delivers a blunt warning. why should you care? national security consultant rebecca heinrich explains how it impacts every one of us.

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>> reporter: too soon to get overly excited about it. this was something the united states tried to do in 1994 and north korea shut everything down and changed their minds. when it comes to trying to make progress with the north koreans, take everything that comes out with a grain of salt because lots of things can crumble at the last minute but what the trump administration is trying to do is sustain the calling of relations between the united states and north korea. we were at fire and fury where they were exchanging very heated rhetoric a couple years ago. things of calm down but remember the north koreans promised to denuclearize and we've seen no concrete steps in that direction since the singapore summit so donald trump needs to secure deliverables, actual things in writing the north koreans are going to do to make progress and dismantle their nuclear missile program. rob: it is slow progress but

remember how ugly it was getting in the last years of obama. fox news poll shows the major threat, what people think is a major threat to national security you can see more than half of people saying north korea is on the list, they were developing these weapons but again, to be too optimistic, what are the chances this country stops developing nuclear weapons at the end of the day? >> the capability to actually inflict harm against the united states, they have nuclear icbms they can target the united states, none of that is changed. as the reddit columns down and looks like the relationship is improving they have the capability to blackmail the united states of america. i recommend to the president and his team, there is so much pressure to get a diplomatic win, they will feel pressured to do things every other

american president has tried to do which is to give sanctions relief first. in order for the north koreans to do something concrete allowing inspectors into the country, dismantling particular missile development sites. we can't do that. we need to see the north koreans make the progress before we consider relieving sanctions. jillian: let's talk about venezuela with the president addressing this in miami. >> you must not follow maduro's borders to block humanitarian aid. i ask every member of the maduro regime, end this nightmare of poverty, hunger and death. let your people go, set your country free. jillian: why should everybody in our country care what is going on their? >> this was one of the president's most powerful moments as commander in chief. he painted a strong picture

that we have the opportunity to get socialism out of the western hemisphere, not just in our lifetime but in the next couple of years as the united states continued pressure these regimes. it is worrisome because you have democratic members of congress promoting socialist ideals and a cautionary tale happening right now in venezuela where socialism has crushed that economy in a couple decades. families are starving, they don't have the medicine they need, they are leaving the country by the millions in the last couple years. a couple hundred thousand venezuelans have looked for freedom and prosperity and reprieve from their own dictatorship. this is a powerful moment to show the contrast between what the united states has now in a direction we don't want to head down that road. rob: going up against socialist policies, the president said

socialism is rooted in ignorance of history and human nature. thank you so much, appreciate your time. jillian: 18 after the hour. before moving to syria become an isis bribe, that american woman is pleading to come home. should she be allowed? >> what the president is doing to this country is unbelievable. the national emergency is trump. >> we should have an open border. we don't need a wall. rob: i went out and froze my butt off and talked to activists protesting donald trump and his national emergency on presidents' day. jillian: coming up. ♪ ♪ the sounds of silence like new clay stick masks. all mask, no mess. olay hydrating facial mist. for hydration on the go. and our breakthrough brightening eye cream.

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heather: louis farrakhan is defending congresswoman omar saying she did not need to apologize for accusing a lobbying group of paying members of congress for supporting israel. >> sweetheart, don't do that. you have nothing to apologize for. you were sent by the people to shake up the power. jillian: farrakhan has a history of anti-semitic comments. donald trump suggested congresswoman omar should resign. rob: presidential candidate taking aim at donald trump's emergency declaration, hillary clinton questioning the president's effort to secure the border. the former secretary of state is the real national emergency as well as gun violence, children separated from their families at the border, climate change, and americans dying from lack of healthcare.

jillian: presidents' day saw thousands protest nationwide against donald trump and his national emergency over the border wall. rob: this was one of 275 protests across the country is several states, 16 at this point and the number of organizations file lawsuits against the president's declaration. most of that in the ninth circuit. i went to union sq. park to talk about advocacy. >> i'm a progressive person. >> what the president is doing to this country is unforgivable. >> second the lies. of the destruction of democracy that has been happening in the last two years. >> the president present a legitimate threat. he is trying to bypass the will of congress. of this is and fascism i don't know what his. >> anti-immigration or anti-illegal? >> he is anti-nonwhite immigration is what i think. >> the national emergency declaration.

>> there is no national emergency on the border. >> there is no crisis there. there is a crisis on the planet if we want to talk about climate change. >> the national emergency is trump. >> i think we need to have secure borders. treat people with compassion and dignity. >> reporter: you believe in some kind of barrier but not a wall from sea to see. >> i believe there are smart ways to control immigration is country. >> i never denied we don't need a safe border. 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. $5 billion could be spent on things that make more substantive change. rob: he was one of a few people, not many, calling for open borders and calling for free healthcare that you are hearing from the far left right now. i ask about the expense of that but he didn't have an answer. there were a lot of moderate democrats, an interesting point to be made. i don't know what that says about the president at this point but when more moderates are showing up it definitely shows he has crossed a line. that the left has. 26 after the hour. reports that bernie sanders is announcing a presidential run met with silence from democrats. not getting attention. his socialist views gaining popularity. jillian: wire democrats embracing bernie's policies but leaving him behind? our political panel is on deck to debate that.

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jillian: a look at top headlines, rod rosenstein is expected to step down as deputy attorney general next month. the departure comes every bombshell admission from former fbi deputy director andrew mccabe about an inside job to remove donald from from office, jeffrey rosen is expected to replace him. california has a multistate lawsuit against donald trump's emergency declaration. 16 democratic attorney generals taking the legal battle to the liberal ninth circuit court. they say the president using money to a border wall will hurt their economy. the big story everyone is following. the brothers questioned in the alleged attack on empire director jussie smollett are speaking out. they say they are not racist, homophobic or anti-trump.

they say jussie smollett paid them to attack him. rob: a second woman accusing virginia lieutenant governor of sexual assault makes a call for open hearings. the alleged victim says she is frustrated by his call for an fbi probe instead of public meetings. writing in the washington post such investigations are secret proceedings out of the public eye leaving victims vulnerable to selective leaks and smears. she is willing to testify. first responders say people stranded on an amusement park ride overnight, passengers including children and the baby left hanging over water in san diego for two hours, one by one lowering them onto rescue boats using harnesses, the see world ride came to a stop after a strong gust of wind tripped a

circuit breaker. the ride will be inspected. police warning parent of a dangerous game making a comeback on social media, the 8 hour challenge encourages teenagers to go missing for two days, the goal is to get attention, get their pictures circulating online. for each like or share they earn a point in this game. the game is not only scaring parents but a tremendous waste of police resources. senator elizabeth warren unveiling universal child care plan, the $70 billion per year program would the paid for with a wealth tax on the country's top earners. warren's plan would a family's childcare spending at 7% of their income. the government pays the rest. some families would get free childcare. jillian: bernie sanders is rumored to be announcing another president to run but

those reports have been met with silence from the left. why are they embracing sanders's policies but not him. joining me to debate that his former bernie sanders national staffer and senior advisor to george p bush, thank you for joining us. i will begin with you. what do you make of the fact socialist policies are ramping up but not many excited about bernie sanders at this point. >> they are not excited because he is not a democrat. he disrupted the system, shook it up in 2016. 2020 will be much worse than 2016. a lot of time making friends and making nice with hillary clinton and they will not favor him this time. the democratic establishment will make sure bernie sanders doesn't have a chance in the 2020 election. everybody is on board with

every bernie sanders policy but leaving him hanging out to dry. jillian: it includes medicare for all, free college tuition and higher taxes for the wealthy. what do you say? >> bernie sanders did run a very good campaign against hillary clinton in 2016. he won 19 states, took a significant portion of the vote, 85% of superdelegates which gave her the nomination. what democrat parties looking for is they want bernie sanders's energy, policies but they want beto o'rourke, someone younger than donald trump, bernie sanders is one of the few candidates seeking the democratic nomination that would be older than donald trump so they are looking for someone to champion these policies and that is going on in the in-depth part of the democratic party.

jillian: who would be that person? >> i disagree a little bit. working on the campaign it doesn't matter if bernie sanders is 23, 25 or 45, they don't want bernie sanders. they want a democrat that is actually a democrat, not an independent, that did not go against the establishment. i don't know if these candidates can pull it off or not. we will see what their record is. most our moderate, not progressive. i'm not a socialist, i moderate. a lot of these folks will have to determine who they are and saying you are progressive won't do it. has nothing to do with that. they don't like him, end of discussion. jillian: let's go to the next topic and talk about the conversation in new york and throughout the country, the failed amazon deal.

before we get into this conversation, let's hear from bill diblasio and alexandria brokaw 0 cortez. >> we will invest in the district our self if we want to. >> that would go back and taxes -- >> some people say this is a gift to republicans. what is going on with democrats here? >> give to republicans in 2020. it is difficult for a voter to determine tax breaks and what it means for raising taxes and lowering taxes out of washington dc but this is a clear divide between liberal economic policies and conservative economic policies. the struggle for democrats, as bezos steps on and they choose a new state, a swing state that has a republican governor like florida or ohio, tennessee, this will draw a clear talking

point, for a swing state, it is a problem coming up for democrats. >> we have 10 seconds left. >> the mayor is trying to be progressive when he is moderate. is pro-business, that separated him from cynthia nixon. democrats are off message, not sure if they want to be progressive or moderate. >> democrats have to get on message altogether. we want to see. thank you for your time. 37 after the hour. she urged people to drive trucks into crowds on veterans day, now this isis bribe from alabama is asking for forgiveness. >> my future -- >> a former intelligence officer joins us live to remind

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jillian: a major airline accused of putting passengers endanger by not tracking the weight of planes. rob: tracy carrasco has a new report. >> reporter: the faa is investigating southwest airlines according to the wall street journal. southwest employees gave pilots the wrong information in terms of how heavy bags were and pilots with that information into the plane. in some cases there were discrepancies, differences of 1000 pounds, incorrect weight on an aircraft the cost problems of adjustments that needed to be made when it comes to takeoff speed, maneuverability, landing gear, all of that. southwest airlines says it is cooperating in the investigation. the faa says there have been no accidents linked to these discrepancies but very scary to think about. rob: thanks so much. in alabama woman turned isis

bribe to come home following what she called a traumatic experience. jillian: she says she is a changed woman. >> i made a big mistake. i deeply regret it. jillian: here to discuss why she shouldn't be allowed back in the us his former intelligence officer in iraq and don braemar. thank you for your time this morning. it seems insane that anyone would think she should come back here. >> martin luther king said it best, we should always forgive. the us code says you adhere toward the enemy, ally with ema, your treasonous. at 19 she made an adult decision to leave school, use her tuition money and join isis. rob: i don't see a lot of sympathy. she was technically an adult here.

if she did come back, what would happen? throw her in prison? >> there are a few ways to look at it. being from alabama, the folks at fort rutger, alabama national guard, would they want her as a neighbor after losing friends and family members overseas? i would have to say no but look what happened with john walker lind, the american taliban. he is still in federal prison for conspiracy, adhering to the enemy. i say if she's allowed to come back, she does hold trial and go to trial, to her peers, see what happens. she does obtain a lot of information, she could be provided to us. there's an opportunity there but to come home and say all is forgiven is not going to happen. heather: jillian: who is the real victim? >> the victim is first, her

parents. what did they go through every day in their community knowing their daughter is tweeting against their own country and neighbors but also the men and women of this country who fight and serve? when you tweet calling for people to run over patriots and veterans to let them spill blood, that is who the victims are. she made this decision and i'm sorry it didn't turn out like the storybook she thought it would be but after three husband you can't be a runaway bride. rob: she made the decision and stuck with it for a while too. let's look at a deleted tweet from this young woman regarding what she would like to see happen. veterans, patriots, memorial, go on drive-bys and spill their blood or rent a big truck and drive all over them. kill them. this is insane. to see how these people think.

>> if you look at this i'm all about forgiveness but there is a situation, she has come forward and said someone hacked her account, not true. she has been abiding the enemy and needs to be treated as such. rob: we appreciate it. we are going to todd. todd: why do people confuse us? live in miami. so many names, so much confusion. i will make it more confusing. yesterday schmidt on the street, power to the people, what do you have for the nation? >> i offer nothing. >> reporter: we have something to offer, a big show coming up on "fox and friends" including our visit to donald trump's speech in miami talking about

the ills of socialism. we have some time ourselves and we appended that speech, asked what they thought about socialism. a lot of those individuals came from socialist countries and had a lot to say, very passionate. we have a lot of amazing guests and rob and jillian, not todd, rob and jillian. we have food as always, big show. rob: you have to get some of that cuban coffee, it will put you on the moon. >> reporter: do i need more caffeine? rob: we will be right back.

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>> 2020 hopeful kamala harris has little to say after being

questioned about jussie smollett as possible hoax. >> once the investigation is finished the family can comment but i will not comment on the investigation. >> carly shimkus is here with more on that. they didn't mind commenting initially. now they are withholding. >> look at her initial tweet just hours after the attack was recorded. >> she is saying one of the kindest most into human beings i know, i'm praying for his quick recovery, this was an attempted modern-day lynching, no one should have to fear for their life because of their sexuality or color of their skin. some lawmakers who rushed to defend him are facing criticism for saying they are going to wait until the investigation is over to comment. when twitter user says there are more facts now than before. she reserve judgment but

pounced on it hours after the alleged attack happen. the other side of the story is if this is a hoax how is any supposed to know but nancy pelosi deleted tweet supporting him and saying she's going to comment on the investigation and that is all you can do. rob: a real story that came out of that you know is a hoax, that really happened. they are going to give out weed? >> some celebrities acting funny at the oscars this might be why. the oscar gift bag will include pot infused products including edible skincare products and a vip membership to a cannabis from the social club. one says people getting locked up for cannabis yet hollywood gets a gift tax and says self

progressives and trendy. it is california. jillian: a bethel debate going on, you and i are on one side and you are on the opposite side. >> the debate of how many bath towels you should have as a couple. it all started. rob: all the men in the room are looking at me like -- >> there is a sidebar to this. it started as a tweet from a journalist on twitter who said as a couple you should own a minimum of ten bath sheets, ten bath towels, 20 washcloths or more. the big question is what is a bad sheet? dictionary.com wade in confirming a backseat is just an extra large bath towel. rob: beach towel.

it is just the next are large towel. why would you need one. >> >> i do have 10 bath towels and hand towels. and certain sets for guests and you agree about the same thing. >> i'm a very tall person so i think i will buy bath sheets. >> matt is shaking his head yes. >> i can't do it anymore. 53 after the hour. we will never do that to you again. laura logan making a stunning rebuke of her own industry. >> always left leaning. we have abandoned our pretense or at least the effort to be objective. rob: your comments pouring in on this.

jillian: army staff sergeant bringing his wife to tears with a heartwarming surprise, you don't want to miss that. ♪ when heartburn hits, fight back fast with tums smoothies. it neutralizes stomach acid at the source. ♪tum tum tum tum smoothies. also available tums sugar-free. . .

rob: welcome back. lara logan makes a pretty stunning comment about liberal media bias. >> most journalists are left or liberal or democrat or whatever you want to give it. those in the media has

always been historically always been left-leaning we have abandoned our pretense or at least the effort to be objective. jillian: the veteran remember the opening up about media bias in a recent podcast. logan admitted that the majority of coverage about president trump is negative. she also suggested the tone of journalism has pushed towards political ache at this 1reu678. rob: big comment there social media chiming in. i'm glad someone else in the media world, especially a journalist stepped up to the plate and called out journalists it's getting ridiculous nowadays. >> she is absolutely right. glad someone spoke up within. rob: one person on instagram write they can't even pretend anymore. so, big story. thought you might want to see that. jillian: and now, it is tile for the good, the bad, and the ugly. and let's start with the good. a new mom bursts into tears when a very special person shows up at the hospital.

>> jillian: army staff sergeant surprising wife and newborn twins. shy was sick with the flu and gave birth early. cooner flew all the way home from kuwait rob a sports cast tr nearly stuck in the face live tv. >> tonight we really go inside the glass presented by toyota. my goodness pierre. rob will be look that's incredible shot of it happening. can you see right in front of him before it hit the camera in columbus, ohio. jillian: and the ugly. the teen writes hilarious note to teacher why he didn't do homework. eddy cortez writes i do what is happy because i want to be happy. my mom has been finding gray hairs not trying to stress out. he and his dad will join

"fox & friends" this morning. i don't know if the dog is. rob: we get it. jillian: have a good day. rob: see you later. >> fox news can confirm that the deputy a.g. rod rosenstein is expected to leave in mid march. >> you have the acting head of the fbi talking about replacing the president. moments in american history. >> 16 states ruling divhag a federal judge block the president's use of a national emergency. >> as hundreds of protests nationwide. >> the national emergency is trump. what this president is doing to this country is unforgivable. >> did this isn't fascism, i don't know what it is. >> kudos to lara logan about the media. >> we have abandoned the effort to be objective today. >> president trump