she had minor injuries thanks to a good samaritan. some men who rescued her got burned, they are trying to id them. we salute them as midnight hero's. most-watched, most grateful you spent the evening with us, good night from washington. i am shannon bream. heather: this is "fox and friends first" was happening at 4:00 am on the east coast, more than 2 dozen dangerous ms 13 gang members embedded in the caravan waiting to cross the southern border for weeks and shocking new report proves they are not the only ones. what will democrats say about it? still not enough to convince the critics we need a border wall and california leads the charge. donald trump going after billions of tax dollars wasted on the botched high-speed rail. the war of words heating up on the west coast.

>> it's like a dream. shannon: targeted by the pc police. the rumble over cost to outlaw your favorite fairytales. "fox and friends first" starts right now. ♪ heather: nothing wrong with being positive. a pocket full of sunshine, it will be a winter blast.

you are watching "fox and friends first" wednesday morning. thank you for starting the day with us. and illegal border crossing turning deadly overnight. a man and woman hopped in a stolen getaway car after crossing into california. the driver talking off leading border patrol agents, chase, speeds of 100 mph. the car slammed into a semi-truck and crashed down an embankment. two people in the car i did, a third in critical condition. another border patrol chase ends in a crash in the same county overnight. 5 people injured after their minivan slammed into a fence. four are from mexico. 25 ms 13 gang members deported out of mexico, officials shipping violent closeout after

not finding them hiding in a caravan arrived near the us border two weeks ago. there shelter near the texas border was temporarily shut down, a series of clashes with police. more than 100 people linked to ms 13 were arrested trying to cross the border just last month. donald trump wants california to pay back billions of dollars for its failed bullet train but gavin newsom claims that is political retribution. the war of words heats up. >> reporter: waiting for snow in dc, two issues, first for the money and the train and the legal option on the table. the trump administration wants back $2.5 billion in canceled grants worth $900 million slated to go for a train.

linking los angeles and san francisco as california is one of 16 states doing over the border wall. and the radical left to file a lawsuit in the ninth circuit. billions of dollars on out-of-control fast train, seems inside. gavin newsom, the governor of california who said the train was too expensive and would take too long to build, he said even the president tied the two issues together in a tweet this morning. this is clear political retribution by donald trump and we won't sit idly by with california's money and we will fight for it. and at least in the press promised victory.

>> i have a right to call national security, we need strong borders. and the end, successful with the lawsuit. >> reporter: lawsuit never left out of the fighter a lawsuit, the aclu is one of the groups now suing donald trump saying the national emergency declaration is an attempt to steal taxpayer money. and the train money and border wall. >> politicians, thank you so much, great to have you with us. police officer fighting for his life after being stabbed in the neck overnight. police say it started as a road and still into a parking lot in mississippi. off-duty officer shooting and killing the other driver after he was attacked with a knife.

neither have been identified. the police officer is in critical condition. 200 million americans feeling the impact of a monster winter storm, nearly 1000 flights canceled. in new mexico, watch this as an suv spins out of a busy highway in front of a tractor-trailer, police using their vehicle to push other was trapped on roadways and then there is this, truck, driver deal with the messy commute and 6 inches of snow falling across kansas, the storm barreling towards the northeast bringing snow and ice. a states attorney involved in the jussie smollett attack investigation recusing herself, stepping down for a familiarity with potential witnesses as chicago police with into the alleged hate crime on the empire actor. jussie smollett claims he was

attacked by two men shouting am aga country with racist and homophobic slurs. thursday night reports it was a hoax. the fbi looking at whether jussie smollett sent himself a hate letter the week before. the actor was charged with impersonating his brother and 2007 or after being pulled over for dui. many legal experts that jussie smollett could face wasting police resources if this turns out to be a hoax. the host of the show whistleblower says illinois does not take these crimes lightly. >> this is going to be a big problem for him. under illinois law making a false police report falls under the disorderly conduct statute which exposes them to one to 3 years in prison. the deciding factor is how much resource did he pulled away.

detectives in every direction, they are buried in crime over there. may have been criminally charged and convicted in making false statements, those things don't weigh in his favor. i can see a judge coming down very hard. heather: police want to meet with jussie smollett a second time but he has refused. the family of the covington catholic student epicenter of a controversial viral video is suing the washington post for $250 million. the paper accused of smearing his reputation in a war against donald trump. his legal team claims he was targeted because he was a white catholic student wearing a red am aga hat. investigators cleared him of any wrongdoing after he was the one i've been the media. a spokesman for the post says they plan to mount a vigorous

defense but legal action is expected. this is the first of many to come. bernie sanders entry the 2020 race the growing field of candidates seems to have gotten more competitive. the entire field is far from being complete. >> reporter: nine democrats declared their candidacy for president, but the field could get bigger as more candidates say they are still deciding. >> i'm running for president. >> reporter: bernie sanders is back on the campaign trail. in his announcement he asked supporters to build a grassroots base of 1 billion volunteers. >> our campaign is about taking on powerful special interest. >> reporter: donald from waiting saying he thinks sanders who lost the democrats 2016 nomination to hillary clinton missed his time.

>> i wish bernie well. it will be interesting to see how he does. >> reporter: the field is crowded with candidates across the country. nearly a year and a half before the 2020 dnc they are campaigning in new hampshire and iowa. >> we cannot continue to have an administration and the president of the united states to post his vanity project ahead of the needs of the people of our country. >> reporter: there is plenty of speculation who else will enter the race. sources tell fox news former vice president joe biden is considering a run for the white house with many expecting him to. he made reference to the future at an appearance tuesday in philadelphia. >> a fundamental change will take place one direction or another and we still have the todd: control the change that takes place. >> reporter: democrats are pushing for grassroots fundraising in 2020, a strength of senator sanders. on tuesday sanders raised $3 million from 120,000 donors.

shannon: much more to come on that. donald trump intends to nominate jeff rosen as his next deputy attorney general. rosen is the deputy transportation secretary who previously served as general counsel for the department and was a partner at a chicago law firm with william barr. rosenstein is expected to step down next month. southwest apologizing to travelers after canceling hundreds of flights over recent days. the airline forced to take a high number of planes out of service due to a range of maintenance issues, the company blaming its mechanics union which has been an intense contract toxins 2012. union reps say southwest is trying to diver detention from safety issues. the time is 11 minutes after the

top of the hour, democrats say they have the upper hand in the fight against donald trump's border order and nancy pelosi is fundraising off of it. our next guest says democrats legal battle is a huge waste of taxpayer dollars. >> i don't believe you are a reliable narrator. i want you to say on national tv you are not a source for the new york times. heather: the mccain versus mccabe, the former fbi director, how he responded to that grilling. (client's voice) oww, it hurts...

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contributions to what she calls abuse of power. i democrats getting ahead of themselves on this issue. ashley, thank you so much for joining us, we really appreciate it. what about the question, democrats, are the getting out of themselves in the battle. >> it is unconscionable the democrats are willing to use a humanitarian crisis along the border to fund raise off of but that shows how divisive this issue is for democrats. congress has deferred for decades and now that you have a president willing to do something about it and taking action they can't handle it so this is how they will further attack the president. heather: looking at california versus the administration there have been 45 lawsuits by

california. when you talk about the cost involved in 2018 alone. >> that is correct. >> the amount of money that has been wasted, the taxpayer dollars that have been wasted attacking this president and taxpayers should be furious over this. >> the ministration filed 3 lawsuit against california. >> the attorney general of california is out of control. he has threatened california businesses with $10,000 fine cooperating with federal immigration authorities. he is fighting on the side of criminals and illegal immigrants as opposed to what they are providing revenue in the state of florida.

heather: the number of ms 13 gang members in these caravans, definitely dangerous issues present with people trying to cross the border illegally including california and other states. let's talk about the botched rail system and $2.5 billion, the president is trying to get that money back, governor newsom is saying they should be up to keep the money. could that be used for the wall? people are asking that question. >> absolutely and it should be used for the wall. we have a crisis happening right now. the $2.5 billion is more money that was allocated for a high-speed rail to protect our country and national security. if you take the $2.5 billion allocated for the high-speed rail which gavin newsom flip-flopped multiple times and

said this past week is going nowhere and was pretty much a waste of dollars along with $900 million in federal grants the trump administration is holding back with $1.3 billion allocated, you are almost to a wall, the funding that is needed. heather: if people take that into account this is more money than was allocated for the border wall. >> absolutely. the high-speed rail, this is california's stonehenge. over 10 years ago, not even subjected until 2022. governor newsom said it would go from mercer to bakersfield. it will not even be complete. it is a waste of resources. let's use the money california and our country's taxpayer dollars as opposed to what california usually does and waste taxpayer dollars.

heather: supposed to be finished by 2020 and haven't started by 2014. thank you for joining us. it is 19 after the top of the hour, democrats in the media slammed the catholic student in that viral capitol hill confrontation. he is taking the washington post to court. carly shimkus has reaction to the $250 million lawsuit everybody is talking about this morning.

>> megan mccain,

>> i don't believe you are reliable narrator. i want you to say on national tv you are not a source for the new york times or any other publication considering what you are accused of lying about. >> not anytime ever. >> carly shimkus with serious xm 115 here with more on the viral confrontation. she said i don't think your reliable. >> leave it to megan mccain. the white house and justice department have a problem with leaking. he asked are you the source of those leaks? a little bit of back story. he was fired for disclosing information to the wall street journal and lying to the inspector general. mccabe says he was confused by the inspector general's questions, didn't mean to live. a lot of skeptics.

this was the first hard questions she received -- that he received on his book tour. people on social media taking notice was one twitter user saying good job on this, you're the only one to press him. you can ask the question but it doesn't mean you are going to get an honest answer. when james comey, we got the slow drip of information when he went from news outlet to news outlet, some of the stuff he talked about his and in his book. i heard that yesterday. he is out there using it to promote the book. heather: could there be a part 2? lawsuits. the first of what we expect could be many involving this covington teenager. >> attorneys for nick sandman who was the face of the covington catholic controversy filed a lawsuit against the

washington post for $250 million. a portion of the lawsuit says the post ignored basic journalistic standards because it wanted to advance its well-known and easily documented bias agenda against donald trump by attending individuals perceived to be supporters of the president. the washington post says they are reviewing the lawsuit and plan to mount a vigorous defense but sandman has supporters on social media. great news hashtag standing with covington catholic students, their rights, freedoms and liberty, fighting back for abuse and what they were adult from leftist media in hollywood. hooray for accountability says another twitter user and sharon says good for them. i hope they get every dime they are suing for. heather: he one person mentioned hollywood elites. interesting to see if any lawsuits are filed. lawmakers too.

oregon possibly lowering -- >> voting age is a hot topic on social media. listen to and oregon state senator making the case the voting age should be lowered by two years. >> to give young people the chance to participate at the ballot about decisions that affect their homes, their clean air and clean water future, their schools and their very lives. >> social media is divided. seems like they are asking for trouble. how many 16-year-olds pay attention to politics and the issues? sean says do it, get them politically active early. the voting age was moved from 21 to 18 in 1971. a lot of state of tried the 16-year-old thing but it never passed. heather: let us know what you think. go back to teaching that in schools.

thank you so much. the time is half past the top of the hour. bernie is back on the ballot. >> time to complete that revolution and implement the vision we fought for. heather: will his socialist agenda separate him from 2022? our next guest says his policies will turn the us into venezuela.

>> half past the top of the hour, a look at top headlines starting with fox news alert. a border patrol chase turns deadly overnight. a man and woman hopped into a stolen getaway car. agents on a chase. moments later the car slammed into a semitruck killing two

people in the car. a third is in critical condition. five others injured after another border patrol chase in the same county overnight. estate attorney involved in the jussie smollett investigation accusing his of, kim fox stepping down for what is being called familiarity with potential witnesses, looking at the alleged hate crime on the empire actor. jussie smollett claims he was attacked by two men shouting m a ga country and slurs, lawyers deny reports it was a hoax. a monster winter storm wreaking havoc across the us impacting 200 million americans, 1000 flights already canceled. the major threats are snow and ice as the system barrels from the midwest to the northeast. developing, former nfl player shot dead in an argument over a parking spot.

tj cunningham killed by a neighbor after the two men met up to fight at a school near denver. he and the gunmen were involved in a dispute over a parking space in front of their home. the suspect is being held without bail on a first-degree murder charge. the fiancé of a missing colorado mom will stand trial, chilling details about the crime just revealed in court. in idaho nurse in a romantic affair with patrick frasey said he had several plots, he wanted her to bear the poison caramel much he auto. revealing he beat her to death with a bat on thanksgiving with their baby daughter steps away. he allegedly called her to clean up the blood in their home before burning barrett's body. she left blood splatter for police to find.

the russians suspected of hacking the dnc during the 2016 election are accused of targeting american groups in europe. microsoft says there is evidence of cyber attacks on two think tanks. the company tried stealing sensitive employee information from 100 account. it is unclear if any of that information was stolen. microsoft called an ongoing effort to target democratic organizations. former president obama's proposed presidential library was facing a major legal threat. a federal judge is allowing a lawsuit against the $500 million museum to move forward in chicago. the park advocacy group wants to stop the facility from being built on public land. it was laid to enter into thousand 21 but has not broken ground yet because of the ongoing litigation. bernie sanders is embarking on a

second run for president. >> together, you and i and our 2016 campaign began the political revolution. it is time to complete that revolution and implement the vision we fought for. uma: independent vermont senator joins a crowded 2020 playing field. can his socialist platform stand out this time? here to weigh in is the founder of the center for urban renewal and education, thank you for joining us, great to have you with us. joe biden, we will get to him in a moment. bernie 2020. what do you think of his chances this time? >> they are all the same. whether his chances for the presidency, nothing because donald trump will win again. what are his chances to move to a discussion about socialism and is it better than capitalism or

individualism a better than collectivism or freedom is better than progressivism? we need to have this conversation. we have not had it as a nation. most millennial don't know of these discussions because they have not been taught in union controlled school so we are going to have this discussion as a nation. heather: they haven't been taught what they mean. bernie stood out last time with policies, universal healthcare, $15 minimum wage but we have a host of candidates talking about it who were younger. >> it does sound good. and when you see how it doesn't work, in venezuela, to help them

recover themselves from socialism but any and every inner-city in this country we have seen socialism, we know what happens when government controlled healthcare and education, housing, name the list, look at the are in core and see the ideas of progressive left. heather: we have those other candidates insisting they are not democratic socialists. kamala harris one of them. and amy klobuchar saying no to free college in the green new deal, which of them will break free from these far left liberals? >> that is what we have to watch for. these two candidates made their national stage at the brett cavanagh hearing and trying to be in the moderate middle and the truth is they were radical progressives in designer clothing with a law degree. now that bernie is in this campaign it will be interesting to see which one can maintain reputation next year when they go into the primary debate.

heather: some reporters out there shopping with these. >> they wanted her in south carolina to wear a rainbow jacket. you have more churches than anywhere else in the country. it will be an interesting time. in the progressive left, for the nation to see what we are talking about. we have to have this discussion. heather: thank you so much. a pleasure to have you on at this hour. love the energy. it is 20 minutes until the top of the hour and she fled alabama to be in isis bright in syria but now she is sorry and wants to come home. the mother of us journalist beheaded by this her group is demanding justice.

>> she spent four years of her life being brainwashed in this horrific ideology of hatred. heather: you should see the things she posted on social media. james foley's mom was a grim reminder for anyone who feels sorry for her. the left trying to enforce bands on plastic bags, straws and containers. armada going too far? utah congressman think so in joins us live with his plan to ban the ban. ♪ this is an urgent message from the international fellowship of christians and jews.

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and that's where we come in. we are called to comfort these people. to be a blessing to their lives. for just $25 we'll rush an emergency survival package to help one desperate elderly person for a month. call right now. ♪ soft melancholy music in ukraine there is no support network. they don't have food cards or neighbors that come in to help. they're turning to us because they have no where else to turn. your gift is a lifeline to help these elderly jewish holocaust survivors. help them to live out their final years with dignity and love. call right now. ♪ soft melancholy music what i pray is that you won't turn your eyes but you will look at their suffering and your

heart will be changed. with your gift of just $25 we can rush an emergency survival package to help one desperate elderly person for a month. call right now. ♪ soft melancholy music heather: the mother of a man beheaded by terrorists is demanding american isis bride face justice. she is pleading to come back to the us after running away from syria in 2014. diane foley says she needs to be held accountable. >> many thousands of other isis

fighters who have promoted terrorism need to be held accountable. she spent four years of her life being brainwashed in this horrific ideology and she has tried to incite more and more violence on her own countrymen. heather: the on her social media before she went over there, journalist james foley was beheaded by isis in 2014 after two years in captivity. arkansas governor hutchinson signing abortion ban into law. the trigger bill would automatically ban abortions 18 weeks into a woman's pregnancy if the supreme court overturns the roe versus wade ruling which would legalize the procedure nationwide. under the arkansas law on abortion would only be allowed if there was a medical emergency.

cities across the country pushing to ban plastic but one lawmakers says enough is enough, time to ban the ban. utah state representative, thank you for joining us, we appreciate it. >> good morning from utah. todd: 1 why are you moving down this road? >> you wouldn't think in the state of utah we would have an issue. we are very conservative part of the country, a couple cities have bands, and enough is enough. too many anti-and not only in utah but a map of all the cities. and some are imposing the plastic fees. and it would make them spend

more if they resorted paperbacks and have your bags. >> that is exactly right. i heard from a local sporting goods store, costly 20, $30,000 a year. when you look at property tax we had companies with property tax, payroll tax and now an environmental tax of $30,000 for small business, that is a big hit. it is a ban on bands and enough is enough. i look at companies like trader joe's, they use renewable bags, something they decided to do, their customers decided to do, we don't need government telling us what to do and how to live and that is why i am open to bills filed banning the bands. heather: he 73 bills have been introduced in state legislatures across the country regarding use of plastic bags, plastic straws. up to individual businesses and what is best for them, their bottom line and customers.

>> businesses should have that option. one city, and another dozens, that creates inconsistency in the marketplace. let's let companies thrive. we hit them hard enough with all the taxes and policies we create, let's trace consistency in the market and let them make that decision. heather: he this is better for the environment, you have to ban the plastic, and save the planet. >> i say to them look at trader joe's. if a company decided they want to use a renewable bags that is their option. let companies decide. let the customer decide if a customer wants to make the

decision, i have a local grocery store and every time i check out do you want paper or plastic? that is a decision the customer can make. heather: thank you for joining us from the great state of utah. the time is 15 minutes from the top of the hour to 7-year-old boy, the outrageous way he is being targeted for trying to raise border wall money by selling hot chocolate. new york city is out, what is the prime location for amazon, rolling out the welcome mat to win the retail giant over. ♪ [cell phone rings] where are you? well the squirrels are back in the attic. mom? your dad won't call an exterminator... can i call you back, mom? he says it's personal this time... if you're a mom, you call at the worst time.

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heather: a monster winter storm impacting 200 million americans today, i thousand flights already canceled, janice dean tracking the timeline, thank you for joining us. >> much of the country is under an advisory today, as far south as tucson, arizona that is one storm system and another affecting central plains, great lakes, northeast, mid-atlantic, dc is preparing for several inches of snow, the city shutdown. that will be a big deal. here's the past 24 hours, and heavy snow across portions of the upper midwest and interior northeast, parts of the mid-atlantic, we will see icy conditions as well. definitely travel delays, two to four inches of snow and in the

transition to an icy mix and rain in the overnight hours. we will keep you posted. and it doesn't mean instant, that is backtracking. >> you can't trust the groundhog. heather: another store we are following, days after amazon makes plans for a second headquarters in new york city, new york new jersey goes back into the ring. and the city's second pitch. >> amazon said they are not looking for another location for hq 2. and we want hq, he said we send that message out already. everyone to the mayor to local

leaders, and they are all telling amazon come to new york, we still want you. this after network and the state have offered amazon incentives of $7 billion to bring the second headquarters location to the garden state. heather: drug ads to help consumers. >> that is the hope, this is the first step of transparency in addition to side effects you will hear in those drug ads and the list price, the out-of-pocket price for patients starting with johnson & johnson. the blood thinner xarelto, this will not help people with insurance but maybe it will start the conversation of how to lower these costs, what alternatives as far as asking a doctor.

heather: prices and potential side effects is the entire ad. thank you so much. the time is 8 minutes until the top of the our. fairytales under fire, the new push to outlaw princess stories and save the next generation of girls. it is getting harry ahead of the second summit with north korea. ♪ hot stuff ♪ maybe tonight ♪ i want some hot stuff (client's voice) remember that degree you got in taxation?

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heather: a 7-year-old boy called little hitler for raising money for the border wall. benton stevens's parents said this about hot chocolate stand outside of texas strip mall. >> a lot of supporters online and some against you. are you going to stop selling? >> i'm not going to stop until the wall is built. heather: he has raise $5000 and plans to mail the money to donald trump or give it to him personally at the white house. a student activist and author calling childhood princess stories, saving encourage stereotypes. josh derek says the failed hurt -- fairytales are one dimensional in how they portray women and says there's nothing wrong with keeping some traditional stories around, the goal is to make space for

everyone, we want to create a space for his many different kinds of stories as possible. time for the good, the bad and the ugly. firefighters delivering the surprise of a lifetime to one of their own. >> baby boy. heather: army couple's adopted son delivered to their doorstep by fellow first responders and maryland. they are surprised for their new baby boy, you need that too. now the bad, shocking video as a bull flips men around on the ground in a dangerous game of cowboy pinball. several people were injured in kentucky, all the participants were volunteers and did that voluntarily. finally the ugly. in the spirit of the nuclear

summit, inspired by donald trump offering everything from the shape and style to the coloring, donald trump's style, displaced power and youth. thank you for joining us, "fox and friends first" continues, goodbye. rob: we begin with a fox news alert, a wild scene on the southern border after an illegal crossing turns deadly. jillian: high >> with border patrol that ended with two people dead. >> i have an absolute right to call a national security and in the end we are going to be very successful with the lawsuit. jillian: situations like that are why donald trump is fighting to secure our border. rob: the administration fighting to reclaim billions of tax dollars wasted on california's botched high-speed rail. we have a waor