nothing could stop rossi from helping her owner shall the parking lot, no job too big. checkout the spring into action after her owner was accidentally locked out of the house. you i midnight hero's. we will see you tomorrow night. thank you for joining us. >> jesse's comments is not letting him sleep right now so i think he should unload that conscience and tell the american people what actually happens. >> a lot happening this morning, it is thursday, fairbury 21st and this is "fox and friends first". happening on the east coast the tables have turned. just the beginning, breaking development and what could come next for the actor. this just keeps coming for the fbi, top lawyer now admits he wanted hillary clinton charged in the private email scandal so

who talked him out of it. honest abe, honest abs. the statue of our former president that is lighting up social media. "fox and friends" starts right now. ♪ heather: good morning from wet and cold times square. live shot, beautiful snow yesterday but the rain came. we will check the weather across the country coming up. you are watching "fox and friends first" on thursday morning. thank you for starting your day with us.

fox news alert. jussie smollett charged with a felony for staging a hate crime attack. he is due in court for a bond hearing in chicago this afternoon. he filed a false police report claiming masked men put a news around his neck, poured chemicals on him and shouted m aga country along with racial and homophobic slurs. of convicted he could spend three years in prison but his attorneys say he, quote, enjoys the presumption is of innocence. the charges come after surveillance video came to life showing a pair of brothers buying red hat and ski masks just hours before the alleged attack. those brothers questions by police claimed jussie smollett paid them. they say the actor needs to come clean. >> i think he should come clear

because the truth will set him free. >> his conscience is probably not letting him sleep right now so i think he should unload that conscience and come out until the american people what actually happened. >> empire producers are considering suspending him from the show as the investigation unfolds and we will have more on this coming up. the story quickly went viral with the help of hollywood stars and democratic politicians. katie privilege, news editor for townhall.com says their calls for justice not only validated his claims but put a target on anyone who supports donald trump. >> the left is used identity politics for decades to divide and conquer in this country. when you throw in a media narrative that assumes that anybody who accuses a m aga supporter of any wrongdoing, that person is guilty that only adds fuel to the fire and the truth is journalists in this country advise levels in this

case smeared the entire country and said this is america in 2019, this is the situation, journalists should not be assigning innocence or blame based on gender or skin color but based on the facts. the issue is not believing his initial story is a victim when he came forward but painting all am aga trump supporters as racists as they have done since donald trump took office. shannon: chicago police dedicated 24 detectives to the jussie smollett case. new overnight the fbi former top lawyer wanted to charge hillary clinton over email use but was talked out of it. james baker admitted this in a closed-door testimony on capitol hill. >> he continued to battle according to his own testimony with people in his office along

with comey, had these arguments going back and forth until the very end. heather: despite calling it alarming and appalling he was convinced to change his mind after arguments with colleagues. the fbi consistently claimed top officials agreed with james comey's decision to not pursue charges against clinton. robert mueller's probe is expected to wrap up as early as next week. sources telling fox news recent shakeups in the justice department are assigned the investigation is winding down. donald trump slamming the former acting director of the fbi andrew mccabe. >> i think andrew mccabe made a full of himself over the last couple days and really looks to me like a poor man's j edgar hoover. i think it is a disaster. >> mccabe has done several tv interviews recently where he has

opened up about launching investigations into donald trump and alleged russian ties and even suggested the president could be a russian agent. a brand-new wave of migrants arriving at the mexican border ready to cross into the us and are camped out near the same border wall beto o'rourke wants to destroy. griff jenkins is live on the ground in mexico with the caravan and those migrants prepared to start their day. >> border cities like this one being flooded with migrants because of repeated caravans. yesterday mexican officials say a new caravan of more than 1000 people clashed with officials on the southern border and came across here but this is one of two shelters being flooded. there is a small police presence here in the barbed wire fence.

there trying to put them in a secure area but if you look across town you can see more than 6 or 700 people sleeping there trying to get across. let me show you in el paso the numbers they are getting here. they are seeing 178% increase in the el paso sector and as of this week already have 43,238 illegal crossing apprehensions compared to last year fiscal year 18, 7481 and you also are in a town with a lot of violence. we talked to one of the migrants who is worried about immigration and cartels and he says it is still okay if they take down the wall. he doesn't want a wall on the southern part of mexico.

>> when you hear democrat candidates say take the wall down, there should not be a wall. >> got to see how people feel about that. take the wall down. >> reporter: if the violence in this city, once the most violent cities in the world, they are seeing a 6-year high in terms of the murder rate that is increasing. dhs secretary kirstjen and was in el salvador meeting with regional ministers trying to get some sort of agreement of what to do with this irregular migration. heather: we will have more on this throughout the day, thanks for your coverage. coast guard lieutenant accused of plotting a mass terror attack on the us is due in court today.

prosecutors say he had a hit list of possible targets including democratic leaders and journalists. he wanted to kill, quote, every last person on earth. this whole proclaimed white nationalist stockpiling 15 firearms with 1000 rounds of ammunition in maryland, his face a weapon and drug charges but officials say that is just the tip of the iceberg and the trump administration refusing to allow an american isis bride into the united states, she left alabama joined the terror group in 2014 and now is begging to come back home with her 18-month-old son. mike pompeo says she's not even an american citizen, sheets not have any legal basis, no valid us passport, no right to a passport or any visa to travel to the united states.

her family lawyer denied that claim saying she is a citizen and she was born in new jersey. the state department does not consider her a citizen because her father was a diplomat. this is a live look at the vatican where pope francis is addressing sexual abuse in the catholic church. the church leaders from around the world i meeting with high-ranking vatican officials to focus on ways to move forward. before they summit will address transparency, the response ability of bishops and holding church leaders accountable. today roger stone heads to court to address a threatening photo of a federal judge. donald trump's former advisor has apologized for posting the picture and instagram showing judge jackson next to crosshairs of a gun. she is considering whether to revoke his release or limited gag order, stone pleaded guilty to lying to congress and witness

tampering in the russia probe. it is now 15 after the top of the hour and the expected release of robert mueller's report on russia has many asking what comes next? will anyone else be charged? democrats will be extremely disappointed and he is here live to explain why. thanks for nothing, times square billboard slamming alexandria ocasio cortez. how she responded overnight. ♪

>> it will the mueller report be released next week? >> that is up to the new attorney general, a tremendous man, tremendous person who respects this country and respects the justice department so that will be totally up to him.

>> after two use the mueller probe may be coming to a end. the special counsel report could be submitted as early as next week, what can we expect from david bruno? we've had this conversation plenty of times but what about the timing of this? week the president will be in vietnam for the north korea summit, william barr just having taken over, what is going on? >> the bar nomination, rod rosenstein is running this investigation only because sessions recused himself. now that bar comes in his the leader of this investigation so it's up to him to bunt it and he could have said end it or it could have been timed. it could be mueller's time were naturally this came to a end. we won't know at this point but there have been reports that this is going to close out in the next week and let's just be careful because we've heard this

before. i will believe it when i see it. >> people will say he is protecting the president, wrapping up before it is complete. could he have done that if mueller's side of it was not complete? >> yes because rosenstein did this because of the recusal. now bar is attorney general, the buck stops at the end with william barr. i don't think that is the case because that would be political suicide. ultimately this will come out. there are many questions about this report. why it ended and i don't think it would go down that road. >> what will come out? what will the public be privy to next week? if it happens? >> that is the question. the federal regulations say that mueller has to give a confidential report to ag bar.

thereafter it is his discretion and federal regulation says the briefing to congress is brief so there is no requirement that he has to give the same report he gets from mueller. >> the rumor is it is showing nothing, no collusion. james comey, the top lawyer, james baker wanted to charge hillary clinton over private email server but was talked out of it. >> when comey gave a press conference announcing the charges one thing he said was no reasonable prosecutor would agree to criminal charges. many of us including myself said we disagree but now we are learning there was actually reasonable prosecutor in the room. there was baker saying there is enough to charge reportedly and if that is the case, the public

statement -- shannon: they all agree with him. what happens next? anything? does it matter? >> there is plenty. the house is controlled by the democrats. they will do everything to further investigate russian interference. the senate is controlled by republicans so they have the ability to investigate. i expect investigation on russian interference and hillary clinton, that is not going away anytime soon with republicans controlling the senate. shannon: russian interference going back -- >> mueller has been here for two years but let's not forget the investigation was opened in 2016. we are coming up to four years this has been looked at. shannon: we will see what happens.

we have heard it before. the time is 18 after the top of the hour and colin kaepernick just settled with the nfl for reporting $80 million and mikey is honoring him as an icon. the new jersey everyone is talking about and carly shimkus is sharing reaction up next. ♪ this isn't just any moving day.

this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. shannon: heather: from hollywood star to suspect, jussie smollett charged with felony as his story about that alleged hayes act continues to spiral. carly shimkus with serious xm 115 is here with the online reaction. this was blowing up social media

but interestingly enough not trending on twitter. >> there was a lot of reaction to this and a lot of anger among people on social media. the case really shifted when investigators spoke to the two brothers and now their attorney encouraging jussie smollett to come clean. jussie smollett -- they will make contact with his legal team to negotiate a reasonable surrender, the chicago police department -- by 1:30 this afternoon. jussie smollett's attorneys defended him saying he enjoys presumption of innocence particularly when there has been an investigation like this one where information both true and false has been repeatedly leaked. let's get to social media reaction. a lot of people are very angry.

thank you, chicago police, throwing the book at him, wasting police time. offices have enough to do instead of going on a wild goose chase. conservative commentator charlie kirk said imagine hating a president so much you send your self a hateful letter to get attention. once that doesn't work you hire two guys to stage a hate crime, rehearse it, fail miserably the execution of it and then lie about it until you get arrested. jussie smollett has maintained his innocence throughout this whole thing but he faces possibility of one to 3 years. heather: federal charges related to the letter he sent to himself. let's talk about nike releasing a limited edition colin kaepernick jersey after this huge nfl settlement.

>> he promoted the jersey on twitter saying for those true to themselves, probably and unapologetically. this is only the beginning. you saw a photo of the jersey. we believe he is one of the most inspirational life fleets of this generation who has leveraged the power of sports to move the world forward. like everything related to colin kaepernick this is polarized social media. one says i hope nobody waste money on his. patrick says it is all about the money. and i will save my money for a jersey from a player who has accomplished something on the field, not in the media. a lot of people did buy it. he posted a tweet saying the jersey sold out. heather: possibly going to my carolina panthers. >> amazing if he plays football again after all this but he wants to do. finally, what in the world.

this shirtless abe lincoln. >> it started with this tweet saying reminder the los angeles federal court has a set of abraham lincoln where he's a shirtless young stud tugging at his waistband like a sports illustrated supermodel. it is a statute that is in that courthouse. look at that. the sparking a bunch of response. robert says babe lincoln. if he tried to get justice -- another user says separation of shirt and state. this is where social media is at its best with these funny responses. this isn't a new statue. it has been there since the 1930s. heather: the time is 26 after the top of the hour.

vladimir putin threatening to target the us if missiles are deployed to europe so how should the us response? this is an important story? daniel davis says if we are too aggressive it could backfire. he joins us to explain. and who thought this was a good idea. the zoo letting kids play tug-of-war with lions and tigers. . ♪ hoo

- want to take your next vacation to new heights?

tripadvisor now lets you book over 100,000 tours, attractions, and experiences in destinations around the world like new york, from bus tours to breathtaking adventures. tripadvisor makes it easy to find and book amazing things to do. and you can cancel most bookings up to 24 hours in advance for a full refund. so you can make your next trip monumental. read reviews, check hotel prices, book things to do, tripadvisor. heather: you are watching "fox and friends first". empire actor jussie smollett charged with a felony for allegedly staging a hate crime attack. he will be in court for a bond hearing this afternoon. prosecutor say he filed a false police report claiming masked men put a news around his neck, poured chemicals on him and

shouted mag a country. if convicted he could spend 3 years in prison. robert mueller's probe will wrap up as early as next week. recent shakeups at the justice department are a sign the investigation is winding down. it is unclear if or when the report will be made public. a new wave of migrants arriving at the mexican border ready to cross into the us. they are now camped out near the same border wall 2020 candidate beto o'rourke want to destroy in el paso, texas. as migrants move across, kirsten neilsen is calling on central america to stop future caravans. >> i ask each of you to show bold leadership to stop the formation of new caravans which brought violent crime to the region and beyond.

>> signing an action plan with central american leaders to enhance communication between countries and cooperation between law enforcement. is that plan gets underway the us is making progress on a homeland security project, donald trump sharing a time-lapse video crews building a portion of the new border wall tweeting we just built this powerful wall in new mexico, completed on january 30, 2019, 20001947 days ahead of schedule, many miles more under construction, finish the wall. this section of border wall features those steel slats we heard so much about. pretty neat. what about this. russian president vladimir putin taking a veiled shot at the us vowing to retaliate if america deploys missiles to europe. >> russia will be forced to create and deploy new weapons that will be used not only against territories that are a direct threat to us but against

the territories where decision-making centers direct missile systems threatening us are located. >> how should the us respond to this increased aggression from moscow. here is lieutenant colonel daniel davis. thank you for joining us, appreciate it. we didn't want this to fly under the radar because it seems important. what should the us do and how should we respond? >> this is why we have the most powerful military on the planet and the most sophisticated nuclear deterrence, no country in the world will attack the united states with nuclear weapons because no one will survive our nuclear response. whenever putin is aware of this and is not going to take any action that would harm his own country. you can bet that every word of that speech was intentionally chosen for an american audience. what he wants is to create fear

of him and to elevate the threat he poses which is not the truth. heather: what is the stated reason behind this? >> from this perspective the inf treaty prevented short range missiles on either side of the cold war between russia or nato. in his interest to not have that. he wants that to be kept in place, he wants to threaten nato in the united states to not deploy any new missiles and that is in our interest because we don't want to ratchet up tensions. it is not in our interests to poke the bear unnecessarily. heather: is that what we were talking about in terms of they were not keeping their end of the bargain, doing what they were supposed to do? >> that, we are claiming the css 8 missile was in violation of the treaty. they have a counterclaim that

our interceptors are violating the treaty as well so we are both claiming the same thing but the bottom-line is we pulled out of it, they pulled out of it and it opens the possibility of the introduction of new missiles but it is not in our interests, we don't need to do that because we are capable of overwhelming anything russia might do with that. heather: what about the possibility of russia claiming they developed a missile that can fly nine times the speed of sound with a range of 620 miles? do you think that is propaganda as well? >> it may be but we can't take the risk that is not the case but it goes down to the bottom line, we can deter russia indefinitely as we have for decades because of our strong deterrent. what we don't want to do is inflate the threat and be more afraid that we are supposed to because we are very secure

because of our nuclear deterrence. what russia says is propaganda designed to create fear and we don't need to buy into that. heather: we appreciate it. important topic. the time is 20 minutes until the top of the our. empire actor jussie smollett charged with a felony facing 3 years in prison but it may only get worse. the former prosecutor is here to break it down and tell us what could happen next. >> think about what this young boys having to deal with at 16 when the entire world saw him the way the media portrayed him as the face of evil. >> a big attorney speaking out on the heels of the lawsuit against the washington post. what the lawsuit is really about next. building a better bank

starts with looking at something old, and saying, "really?" so capital one is building something completely new. capital one cafes. inviting places with people here to help you, not sell you. and savings and checking accounts with no fees or minimums. because that's how it should be. you can open one from right here or anywhere in 5 minutes. seriously, 5 minutes... this is banking reimagined. what's in your wallet? heather: the tables seem to have

turned for jussie smollett, police officially approving felony charges saying he filed a false police report. the chief communications officer tweeting detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest. what happens next? he is supposed to turn himself in this afternoon. joining us with extra insight is elliott seelig. what a wild ride this story has been. >> unbelievable but so many facts from the outset, i don't know how to so many people in the media who should have known better mister. heather: to listen to all the facts first and that wasn't done, you are discussing by several well-known media outlets. >> anytime someone comes forward with a story, where they are the only eyewitness and there's a preexisting political narrative you got to be suspicious but let's get to the underlying facts, 2:00 am on the streets of chicago, a city that voted 7-1

for hillary clinton, polar vortex, two trump supporters running around with rope and bleach in hand, recognized him from the show empire. i haven't seen the diagram on this but the overlapping of hard-core m aga supporters and hard-core empire fans is a pretty narrow sliver. he says here heroically fought them, they announced the political views and you are in m aga country, none of these past the snail test but the kicker when the cops show up, they asked to look at his phone he won't give over his phone. how does this not reek of suspicion? >>'s attorneys are sticking by its, he enjoys the presumption of innocence particularly when there has been an investigation like this one where information they claim has been both true and false. how can they go in today and defend him? what will be their story? >> they will enter a plea of not guilty and beheaded a copy of the indictment but there are

bigger problems. he may have orchestrated this letter with white powder and the threat. even if he knew the powder was only crushed tylenol, if anyone at that facility was put in fear because of the letter that is a separate potential charge of terroristic threat and if he lied to any fbi officials that is also a separate crime so he could face state felony indictment, could face a federal felony indictment, could face consecutive time. heather: let's bring up felony disorderly conduct alone, imprisonment of one to 3 years, $25,000 fine but you say it could get much worse. >> the federal charge would be a separate sovereign rigging sergeant a separate incident so you could face consecutive time. for the incident on the street, fall supporting, federal time for terroristic threats.

we 20 what about paying back the chicago pd for the time they spent on this case, time they had to take away from other cases, chicago has a problem with murder. >> they could go after them for restitution for that. heather: do you think they will? there precedent for that? >> absolutely. the gentleman in texas sending fake powder letters got 5 years for that. heather: it could open the door, you were talking about all this -- the hollywood stars that jumped on board, the media. >> one thing for celebrity lightweights to go on twitter. i don't mean to pick on don lemon but he said -- how does don lemon look his viewers in the eye and say i am not so gullible that i will believe any story that fits my political narrative no matter how far-fetched it may be. heather: this isn't the first time we do with a hoax type crime.

>> so many hoaxes, people willing to feed that appetite. >> people know that so they do this to get the attention. >> to get the attention because they know there's a huge audience for it but the people who fell for this hook, line and sinker, how do they maintain their credibility? heather: legally can anything be done in the future looking at this case and looking at the fact this is in the first time this has happened that can be done? the media specifically. >> i hope the media will be more suspicious. i doubt it, 3 weeks after the covington incident where they jump to conclusions and the legislators have penalties for reporting hoaxes. heather: social media spreading it like that. >> kamala harris billing herself as a president of candidate and she bought it hook, line and sinker. >> how quiet that side has been the past 24 hours. >> time for the facts to come out. you could have said that 3 weeks ago.

today he will be brought before a judge and given a formal written copy of the indictment and told the actual charges against him. probably put it over because he doesn't have a long criminal record, given the opportunity to post mail. and the two brothers are cooperating so even if they haven't gotten formal unity they got defective immunity because they are working with prosecutors. >> someone said they didn't need to be given immunity because they were telling the truth or something like that. >> if they engaged in a fake fight that is not a crime. >> fascinating, we will see what happens. it is 15 minutes until the top of the hour. i would rather starve, backlash for refusing business to trump supporters. the new samsung foldable to look like a wallet but it will clean yours out. the jaw-dropping price tag. ♪

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heather: alexandria cardio cortez response to critical billboard with a clip from the office. the giant times square signed bashes the democratic socialist for praising amazon's decision to cancel their new york city headquarters. the job creator's network group rating amazon pullout, thanks for nothing, aoc. she tweet overnight the sign is like a billionaire version of this scene from the office. >> we have bubba gump shrimp, red lobster down there. this is the heart of civilization right here. >> reporter: trying to express that she thinks time square sign

is out of touch. 25,000 jobs. the attorney representing the covington catholic student suing the washington post is the lawsuit is not just about seeking $250 million. lynwood says nicholas sandman's image is tarnished. >> think about what this young boy has to deal with at 16 when the entire world saw him the way the media portrayed him as the face of evil. it is inexcusable, reprehensible conduct by the media and the washington post led the way. >> the lawsuit claims the post published a series of false and defamatory stories in an attempt to smear him because he was wearing a mag a hat. the president tweeting go get them, neck, fake news. foxbusiness alert, major privacy group demanding answers from google overhead my for home planted in one of the devices,

tracy carrasco from foxbusiness here with more on the possible privacy invasion. >> the electronic privacy information sent a letter demanding it take action against google and putting a warning out for consumers and the risk they could be at this after google admitted it made a mistake in not disclosing that it's home alarm system had microphones in them. the microphone had never been listed on any kind of tech specifications. it was not publicized from google. google says it wasn't meant to be a secret, the microphone is turned off by default, it only turns on if users enable the voice-activated google assistance. all this was discovered when google said we did a software update, it is voice-activated a lot of people said i didn't know it had a microphone in it so that is where all this stems from. people didn't know these devices

had those microphones in them. heather: something else we know as this will cost a lot of money because it folds. >> reporter: samsung have been teasing this phone for a while and we are learning some more details. it will officially launch on april 26th with a price tag, $1980 for a foldable phone so essentially when closed up it will look like a regular smart phone. you open it up like a mini tablet which is 7.3 inches with an infinity flex display. it also has 3 camera systems, two batteries. great for multitaskers because you can use three apps at one so you can jump back and forth between the close diversion and open many tablet version of it. do we need all that? technically it is amazing,

$2000. >> that is just the starting price, way up from there. the time is 10 minutes until the top of the hour and who thought this was a good idea, the zoo letting kids play tug of war with lions and tigers, the best video you will see all day, the challenge these officers are sending to their brothers and sisters in blue. ♪ ♪ hoo

- want to take your next vacation to new heights? tripadvisor now lets you book over 100,000 tours, attractions, and experiences in destinations around the world like new york, from bus tours to breathtaking adventures. tripadvisor makes it easy to find and book amazing things to do. and you can cancel most bookings up to 24 hours in advance for a full refund. so you can make your next trip monumental. read reviews, check hotel prices, book things to do, tripadvisor.

heather: tulsi gabbard grilled by meghan mccain on the view. >> when i hear the name tulsi gabbard i think of an aside apologist was use of the syrian president is not the enemy of the united states. >> your putting words in my mouth i never said. >> you did not say he's not the enemy of the united states? say it now, clarify. >> the issue is how can we help alleviate the suffering of people? >> the hawaii congresswoman didn't clarify but called him a brutal dictator. she was widely criticized for meeting with them in 2016. he has been accused of using chemical weapons on his own people.

pushing away customers who support donald trump. the cleveland area store owner posting a sign with a letter on the front door reading, quote, i feel unclean and dirty accepting money from you. please politely shop somewhere else was i would rather starve and close the store then participate in wrongdoing with the owner cities and banning trump supporters but asking them to go somewhere else. we asked what you thought of this and bruce said i am cool with that. he won't get a sense for me. pollen is to graham said it is his business, he can be a small minded hyperreactive hating bigoted he wants to be but it is a shame we have come to this. elaine on facebook says is that legal? i feel sorry for them. the president is trying to protect this country the best he can, too bad they don't understand. it is time for the good, the bad and the ugly. first the good. this police k-9 is pumped up about fitness. look at athens the dog put doing

push-ups with the officers, so cute in new hampshire at the police department. the police now challenging other departments to see if they can do better. the bad. a zoo under fire for letting children play tug-of-war with lions and tigers. the bridge while right-center charged $20 for the, quote, human versus beast challenge. activists call it shameful and abusive. the zoo say at the enrichment keep the animals healthy. the ugly. a basketball player's shoe blows out less than a minute into the game. his foot tearing through his sneaker as he dribbled away from the unc player williamson. he was expected to be the number one draft pick. the nba has a minor knee sprain. the tar heels won 88-72. i was watching. i didn't care where my carolina blue today but to get $2000 a pop for that, president obama was there as well as a good

game. that wraps up this hour of "fox and friends first" and it continues now, see you later, goodbye. >> i think jesse's conscience is not letting him sleep right now so he should unload that conscience and tell the american people what actually happened. shannon: fox news alert, felony charges filed in the jussie smollett case, the attacker was jussie smollett himself. >> this alleged hate crime all just a hoax? starting to look that way. breaking development as the actor is about to face a judge. bracing for another migrant caravan at the border, this one heading right for the area, beto o'rourke wants to tear down fences. >> officials arguing to curb the crisis. it may be the dead of winter but things are heating up because victoria's secret's bathing suits are back.