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.

rob: "fox and friends first" is in the news right now. ♪ she said the city on fire ♪ like 1 million liars ♪ won't get much higher ♪ she said ♪ she said the city on fire ♪ >> the snowstorm has turned into a rainstorm. as janice said it would. you are watching "fox and friends first" on this thursday morning. let's get to this fox news alert. information continuing to unfold, jussie smollett charged with a felony for allegedly 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 noose around his neck, board chemicals on him and shouted this is mag a country along with the racial and homophobic slurs, always allegedly happening in downtown chicago. if convicted jussie smollett could face 3 years in prison. his attorney says at this point he enjoys the perception of innocence. >> reporter: the voxel charges after surveillance video came to light showing a pair of brothers by red hat and ski masks hours before the alleged attack. those brothers have been questioned by police and claim he paid them to stage the assault. their lawyer says the actor needs to come clean. >> i think he should come clean because the truth will set him free. >> i think his conscience is 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 continues to unfold. jillian: keep you updated. rob: no matter the outcome of the case investigative spend a lot of their time combing through evidence. >> antivirus archivists say this is taken much-needed attention away from the real problems facing the city. >> reporter: if he faked the attack he dead wrong. is receiving all the attention and we just had a one-year-old topless on the head named baby chase and he's not getting any attention and we have a 16% homicide clearance rate. of jesse is guilty of the charges he is dead wrong because he's taken much-needed attention from serious problem in chicago. i've been in chicago all my life and never heard of an attack like this. jesse -- jussie smollett owes everybody in chicago and apology.

he is taking resources from much-needed communities where violence is running rampant out here. jillian: 180 people have been shot in chicago this year. rob: the fbi former top attorney wanted to charge hillary clinton over her private email use but was talked out of it. fox news confirming james baker's admission came in for james baker and the admission in 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. rob: despite calling clinton's email use alarming and appalling he was convinced to change his mind after arguments with senior colleague. the fbi consistently claim top officials agreed james comey's decision to not pursue charges

against clinton. it might be falling apart now. jillian: robert mueller's probe is expected to wrap up as early as next week, sources telling fox news recent shakeup that the justice department are a sign the investigation is winding down. donald trump is slamming the former acting director of the fbi andrew mccabe. >> andrew mccabe made a fool of himself over the last couple days and he looks to me like a poor man's j edgar hoover. it is a disaster. >> he has done several tv interviews where he talked about launching investigations into donald trump and alleged russian ties. even suggested the president could be a russian agent. rob: a wave of migrants arriving at the mexican border ready to cross into the us, now camped out near the same existing border fencing that likely 2020

presidential candidate beto o'rourke wants to tear down. jillian: griff jenkins that the caravan is migrants prepared to start their day. >> reporter: it is at capacity in part because a new caravan has crossed the southern border of mexico. officials are marching north. this is cool because the place where ice -- they have closed that structure and moved some of the people over here and that is why border cities on the southwest border are being flooded. if you look at the numbers in el paso across the bridge they are having an unbelievable number, up 470% increase in apprehension. if you look at this year's

fiscal year, 43,238 compared to 7481 this past year. this is one of two shelters. you can see it is the same scene was migrants, some individual men. the same thing they are trying to wait to get into the united states legally or illegally. we spoke to one of the migrants and i asked about beto o'rourke's comments and he says bring that wall down. >> when you are democrat candidates say take the wall down how do you feel about that? >> very comfortable. many people here how they feel about that, very comfortable. take the wall down. >> reporter: yesterday kirstjen and was in el salvador meeting with the northern triangle

trying to get some agreement to try to stop the root cause of why so many migrants are coming. rob: thank you so much. jillian: a coast guard lieutenant accused of a terror attack on the us is due in court today. christopher had a hit list of possible targets including democratic leaders and journalists. he wanted to kill every last person on earth. the self proclaimed white nationalist stockpiling 15 firearms with 1000 rounds of ammunition in his basement in maryland. he's facing weapons and drug charges but that is the tip of the iceberg. >> the trump administration refusing to allow an american isis bride back into the united states. she left alabama to join the terror group in syria in 2014 and she is begging to come home with her 18-month-old son.

mike pompeo says she's not even an american citizen, saying there is no you would -- valid us passport, the right to a passport or any visa to travel to the united states. her attorney denies that claim saying she is a citizen she was born in new jersey after her father finished his job as a diplomat which would have barred her citizenship. jillian: florida lawmakers considering a ban on sanctuary cities, the bill has moved through the first committee. it will require all local law enforcement agencies to cooperate with federal agencies if they arrest someone with an immigration list. ron desantis vowed to put a end to sanctuary cities. rob: the bob mueller investigation appears to be coming to a close after nearly two years at this point. also a new confession from the

fbi's former top lawyer that he wanted to charge hillary clinton for her emails but was talked out of it. texas congressman louis goehmert live to weigh in next. jillian: honest abe is honestly hot? the steamy statue causing quite a stir online. stay tuned for that story. ♪ oh! oh!

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or any accomodation from hotels to yurts. booking.com, booking.yeah >> should the mueller report be released? >> that will be totally up to the new attorney general, he is a tremendous man, a tremendous person who really respect this country and respect the justice department. that will be totally up to him. rob: nearly two years later and the mueller probe is finally wrapping up. jillian: a special counsel could be ready to submit his report on russia collusion as early as

next week. what can we expect? rob: live to talk about this, representative louis goehmert, thank you for coming on this morning. russian collusion, treason, stealing an election with vladimir putin and it is all about to come to a head. what do you expect? >> i expect mueller to want to drag this out further if he possibly could but two years is a long time to drag it out but what a dream job for him. he had just been begging donald trump to appoint him fbi director again and when he didn't get it, he felt abuse and get to investigate the guy that wouldn't hire him. a great job for him and he was involved as fbi director with rosenstein in the real russian investigation, trying to illegally get access to our uranium which they were successful in doing with the

help of hillary clinton and the clinton foundation which benefited. the longer he can drag these things out, there has been no russian collusion except by hillary clinton and steel and all those folks that were using russians even though it was fabricated. i don't know. i don't think we can expect a lot from the new attorney general who is close friends with mueller and mueller's wife. i know a lot of us would like to see the truth come out. he has shown it over and over again. i don't think you can expect much in the way of justice. it will be just us, to him and his cronies. jillian: as far as russian

collusion goes, you don't expect that to be enough for the critics. >> the comments about what to expect to utilize the things that made me successful, low expectations. if you said their expectations lowly enough. and i guarantee you, mueller is going to use the report to slap at trump any which way you can. it won't be enough for the democrats but it is going to be rather snarky. rob: you go after bob mueller pretty hard. >> that is what people who haven't paid attention to what he did.

and his history. questioned him as fbi director, he ran off thousands of years of experience at the fbi, people who would salute the flag and go forward. and understood radical islam, and agents didn't know what to look for. rob: i understand your position and referenced these things as well. before we run out of time, a big claim here that james baker, the top attorney for the fbi, wanted to charge hillary clinton, when comey came out, shouldn't charge

her? >> i've been present for deposition testimony and trying to be truthful on these things. it highlights the fact that comey was not being honest and forthcoming when he said no reasonable prosecutor would pursue this. of course there was evidence there and should have been pursued but we've seen what happened. if you step forward and say we need to do something to investigate hillary clinton and pursue these charges you will not be long for the world. we have seen that in other things. i think the report is going to go beyond the low expectations being given for it but it is not going to touch -- it will protect her as mueller did all

along. i wish i could be more optimistic but you got to look at who the players are. rob: we appreciate it. it is 19 minutes after the hour. colin kaepernick settle the grievance for $80 million and nike is honoring him as an icon. the new jersey everyone is talking about. not the state. the jersey. rob: good clarification. a liberal lawmaker embroiled in a controversy in the midst of a mission to find caffeine. he stopped -- social media calling out his tweet. ♪ after months of wearing only a tiger costume,

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>> truth hollywood start to suspect, jussie smollett charged with a felony is the story of an alleged hate attack continues to spiral. rob: carly shimkus is here with the reaction online. everybody can't get enough. >> now a felony charge. this is a huge topic of conversation on social media. the sympathy has left the building. people are angry. stephen summing up the thoughts of many saying i do care this will make it harder for victims of actual assaults to come forward and be believed. aaron showing sympathy, says i just want to know why. what is the reason for this? he's clearly a confused young man. i hope he gets the help for whatever it is. eric saying great news, make an

example of actions like this. filing a false police report can be charged as a misdemeanor or felony. he was charged with a felony which gives perspective how seriously they are taking this. he faces one to 3 years and has that bail hearing at 1:30 p.m. central time. he still maintained his innocence. rob: if it is false it goes beyond the report. the crying on the interview. if it is false it is the most phony thing i can recall. unreal. we will see. eric swalwell, california democrat, pretty likable guy. >> turned a trip to starbucks into a political statement. it is snowing in new york, the closest café is inside trump

tower, this is me walking to an alternative. folks on social media roasting him. it is new york, coffee shops everywhere they wanted to post about trump and being dramatic, sad. robin tweets advice, take the high road and tweet positive father. avoid petty negative comments. if you don't believe me, just ask him and he will tell you so. i like robin's tweet about taking the high road. a pretty low road in the land of twitter. jillian: i don't understand how a statue is causing so much of a stir. >> site make robin comfortable. rob: you do it every day.

>> interest in our 16th president, a reminder the los angeles courthouse has a statue of abraham lincoln where he is a shirtless young studs suggestively tugging at his waistband like a sports illustrated swimsuit model. abraham lincoln like you have never seen him before. honest abs. the gettysburg undressed. jd tweets babe lincoln. absolutely. i am sure when you woke up this morning, you said we are going to talk about mueller, jussie smollett, a shirtless abraham lincoln probably wasn't on the list. rob: a very flattering statue. empire actor jussie smollett charged in a hate crime for himself. if it turns out to be a hoax why

would anybody do this? possible motives behind his actions. >> having a relationship -- jillian: pizza lovers rejoice. you don't have to feel guilty anymore for wanting to eat it for the most important meal of the day. we will explain. ♪

rob: a look at top headlines starting with a fox news alert. empire actor jussie smollett charged with a felony for staging a hate crime attack. you do for a bond hearing this afternoon, filing a false police report claiming masked men put a

noose around his neck and shouted this is an aga country in downtown chicago along with other racial homophobic slurs. if convicted jussie smollett could spend three years in prison. special counsel bob mueller's probe expected to wrap up early next week. a shakeup at the justice department, a sign the investigation is winding down. it is unclear if or when the report would be made public. and finally a brand-new wave of migrants ready to cross into the us camped out here, the potential 2020 presidential candidate beto o'rourke wants to destroy in el paso, texas. jillian: roger stone hits the court to address a threatening photo of a federal judge. donald trump's former advisor apologize for posting the picture and instagram showing judge amy jackson next to crosshairs of a gun. she is considering whether or not to revoke his release or his limited gag order.

stone pleaded not guilty to lying to congress and witness tampering in the russia probe. congresswoman alexandria cardio cortez responding to critical clip on a billboard, amazon pullout, thanks for nothing, aoc, the job creator network group it up as the democratic socialist praises amazon for canceling plans for new york city headquarters. she tweeted overnight the sign is like a billionaire version of this scene from the office. >> bubba gump shrimp, red lobster, this is the heart of civilization right here. >> reporter: she thinks the time square sign is out of touch with real new yorkers. the attorney representing the covington catholic student suing the washington post said the lawsuit is not just about money.

nicholas sandman's images tarnished. >> think about what this young boy has to deal with at 16. the entire world saw him the way the media portrayed him. it is inexcusable, reprehensible conduct by the media and the washington post -- >> sandman's lawsuit claims the post published a series of false stories because he was wearing a mag a hat, the president tweeting go get them, neck, fake news. rob: a snownado touches down in new mexico. >> it is spinning around, clouds, snowing. just right across from my house. rob: hard to see. jillian: a rancher shocked by the weather phenomena in and the winds whipping that into the sky

at the navajo reservation. janice dean joins us. i had a dream there was a tornado. >> that is very rare occurrence but it is extraordinarily rare. same dynamic as a water spout, tornadoes, the same formation, the same dynamic, incredibly rare, incredible site. let's look at current temperatures, 9 in minneapolis, 38 in cincinnati, 33 in new york city. the storm system that brought the snow, rain and ice exiting the coast but we have a frontal boundary and we will see several more inches of rain so flash flooding is a concern from louisiana to kentucky. our next big weather maker moves west. why is this different? because it will bring incredible snow across the southern rockies. we have winter storm warnings as far south as tucson, arizona.

they could get one to 3 feet on the mongolian rim and southern rockies area, parts of colorado, this is a big deal to see this kind of snow this time of year for the southern rockies and southwest, then we see the potential for more snow for the upper midwest and northern plains. winter is still here. >> you indeed we were in my dream and we did find shelter as the tornado flattened the building above us and we were safe underground. i just remembered all this. >> i need to get you a therapist. >> thank you so much. we are not going to talk about dreams anymore. >> let's get into things like this, chicago police officially approving him for felony charges for filing a false police report. >> you sitting down for a tearful interview claiming at one point his opposition to the president had made him a target

for his mag a hat supporters. >> what you think you were targeted? >> i can just assume, i come really hard against 45. i come really hard against his administration. >> is it possible for him to also face hate crime charges himself? joining us now is attorney lisa garber. thanks for your time this morning. a lot to unravel here. he could be facing 3 years in jail as a result of all this. would you make of it? >> it look like he has taken the dramatics off the smallscreen into real life and he is in a lot of trouble and part of the issue is not only this felony charge of falsifying a police report but down the line you see obstruction of justice charges,

felony charges for wasting the chicago police department's time and also the issue of the threatening letter that was sent that he mailed to himself, the mysterious white powder, that could reach the federal level. >> a whole slew of things that were done wrong if it turned out to be a fake claim he made which it is starting to appear it was. reasons for doing this? obviously everybody knows his name and in the acting world your rating is so important. what you think he did it? >> a couple different motivations could be behind it was one of them is fame. this increased his profile infinitely and questions that he might have been canned from the show so he could of been trying to preserve his spot. at the same time one might think he's trying to preserve, promote causes close to his heart, racism, homophobia, things he has dealt with in his personal life but at the same time it

looks like he is pretty anti-trump, that could be part of the issue as well. >> seems like a cry for help like something else is going on. >> why would something create a hoax, wasting time and money and taking, causing a huge distraction for victims that are suffering right now. jussie smollett a sick move, sick thing to do. not the first time we've seen something like this against trump supporters. >> if you look back there are hundreds of hate crime cases against trump supporters and you can look now in the news at the covington high school student facing so much backlash, something so despicable because the 60-year-old's reputation is tarnished for life. even if he went this court case every time you search his name you will see these charges affiliated with being a trump supporter. the newspapers are drawing a comparison, racism, homophobia, all these behaviors so this is not -- this is gone back for years and years and this is just

something else to add. jillian: people are so angry because of what this does for people going forward who actually experienced 8 crimes. >> exactly and it is different for this administration. if you look back there are hundreds of cases, different people trying to show the anti-trump agenda and it takes time and money away from victims actually facing hate crimes. there are so many real hate crimes and hoaxes and he has an irreparable damage. heather nauert and you fire up the go fund me and get 1 million bucks. to make stuff up. >> hopefully he will face jail time if this is true and it could ruin his career. 39 after the hour. this is quite rich. democratic socialist alexandria

cardio cortez campaigns unaffordable housing. >> it gets harder for working families like mine to get by. the rent gets higher. affordable housing is not sufficient. rob: she has a pretty good salary and moved into a luxury apartment complex that doesn't offer affordable apartments under dc's affordable housing program. jillian: things are heating up because the victoria's secret savings are back, don't go anywhere. looking good! at booking.com, we can't guarantee you'll good at that water jet thingy... but we can guarantee the best price on this hotel. or any accommodation, from homes to yurts. booking.com booking.yeah minimums and fees seem to your typical bank.n of capital one is anything but typical. that's why we designed savings and checking accounts with no fees or minimums. this is banking reimagined. what's in your wallet?

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the california deputy was not hurt. she's on administrative leave. rob: that is unreal. two women busted at the border with drugs duct taped to their stomachs. agents in arizona say the american citizen had nearly a quarter pound of fentanyl worth $50,000. they were both arrested and turned over to homeland security. jillian: foxbusiness alert, a major privacy issue over a hidden microphone planted in one of its devices. rob: tracy carrasco has more. >> reporter: the electronic privacy information center sent a letter demanding it take action against google admitting it made a mistake. and there was a software update

the google said it is voice-activated. they said i didn't even know it had a microphone. there were no indications of a microphone in technical specifications. google says it wasn't meant to be a secret that the microphone is turned off by default, only turned on when the user activates the voice-activated system. jillian: i am very excited about this. victoria's secret bringing back at swimsuit. >> the popular swim line. they got rid of it in 2016 to focus on the leisure and lingerie aspect of the business but many people got upset. this was really popular. so they announced they would be bringing it back, they tweeted about it earlier this weekend posting pictures of the swimwear line on instagram just in time for spring break. this will be available starting next month. rob: just keep myself on the

spot. colin kaepernick settled his grievance with the nfl. they gave him a reported $80 million and nike is honoring him with a new icon jersey that a lot of people are talking about. jillian: brian kilmeade with what is coming up on "fox and friends". brian: ultimately you will make that decision. the question is how many people get $80 million at least and not play football the last two years. unbelievable. no one admitted guilt. unbelievable. other things we are talking about, the mueller probe could wrap up next week. are you kidding me? finally? it has been almost two years. we will discuss that and interesting things developing underneath. why was hillary clinton not

prosecuted? joining us in studio, former attorney general josh hawley will be here and judge andrew napolitano talking about why he didn't show up yesterday is what trouble he will be in as the empire actor finds himself looking at present time. dana lash will be here and michelle malkin. and this video going viral with 8 million views. and army sergeant surprising his wife and newborn twins. they will join us with a special reunion. don't miss a minute. as a final public service announcement, watch the show fully dressed. jillian: coming right back.

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>> alexandria a cardio cortez campaigns unaffordable housing during a run for congress. >> housing is a basic commodity we should all have. every day gets harder for working families like mine to get by. the rent gets higher. affordable housing is not sufficient. jillian: the champion for the working class is living in a new luxury apartment complex despite her shots against high end real estate. rob: senior policy analyst, thank you for coming on this morning. after all she said during the campaign, to not live in a mixed income housing building in dc seems incredibly hypocritical. >> alexandria a cardio cortez does not walk or talk. she's like the jeffersons, moving on up, living in a complex it apparently $2000 is

the average cost for a 1-bedroom apartment. very pricey neighborhood. that is fine if you can afford it but get off your sanctimonious high horse about the types of accomplishment -- apartments people should be living and how it should be paid for. she is in the boom of luxury apartments because she's getting into developers who are able to charge what they can and willing to pay that price. jillian: do you think the public and read through the message? >> they absolutely can. it is one thing when you are campaigning on affordable housing which is good, important people can afford where they are staying but another thing when you are not able to live up to those expectations and look at a lot of other members of congress, what do they do? they are not living in the navy yard in 2000 or apartment, they are living like a broke college student, living with other members of congress almost like

an alpha house or sleeping in their own offices and she on the other hand is demonstrating she's not fiscally responsible but it is her money, her choice. you need to be realistic and not practice what she preaches. rob: when you look at the idea of mixed income housing where some people pay more so other people can afford to live in their neighborhoods it is anti-gentrification. the idea of mixed income housing is everything aoc is. incredible that she managed to find one of not that many buildings, a building in a neighborhood that is getting lawsuits and to choose to live there blows your mind after all she said. >> he is a millennial, this is an up and coming part of dc and politico is reporting lots of trump administration staffers live there.

she wants to be part of this young vibrant environment and that is fine, totally fine, but be sure your message about affordable housing, demanding it take place in every city is consistent with what you are practicing yourself. a lot of leftist politicians do this all the time. they say send your kids to public school, we don't believe in voucher programs or school choice but where do they send their kids? any elite private school. rob: a lot of that going around. thank you so much. we are coming back. after months of wearing only a tiger costume, we're finally going on the trip i've been promising. because with expedia, i saved when i added a hotel to our flight. ♪ so even when she outgrows her costume, we'll never outgrow the memory of our adventure together. unlock savings when you add select hotels to your existing trip.

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rob rob here is your pizza for . >> enjoy, everyone. >> that looks like it's been th. >> i don't know if i believe th. >> i don't either but i'm not g.

>> cheese has pizza in it. has a lot of sugar in it. >> jussi smollett charged where. a police report. a felony. >> national media was too tempt. the result a lot of them today . >> after nearly two years the m. >> was the mueller probe. >> that will be totally up to t. >> the woman from alabama who l. >> the fbi