>> 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 the.

>> this is a moment. tonight is the moment. we will fight until it's over. ♪ we put our hands up like the ceiling can't hold us ♪ brian: like i never left the club when i hear this song. ainsley: take your coat off and dance on the table,. brian: brian i can't or else i would. steve: thank you very much for joining us. we have a really busy three hours. it starts right now. with this story straight through a first alert. empire actor jussie smollett is now a suspect in the alleged hate crime against himself. he lied to cops. ainsley: the actor charged with filing a false report with chicago police which could send

him to pris on if he is found

guilty. brian: matt finn has been all over. this he has not been sleeping. he is there in chicago where smollett will face judge. he didn't show up yesterday, right, matt. >> checked with

>> her father still had a big part of her life. >> absolutely. >> today she will be with al sharpton in new york city. trying to do her best to get the african-american vote. they will be at harlem at sylvia's. so we will see if she will comment on that going in or out of that restaurant. jillian: good thursday morning to you. let's begin with this. a coast guard lieutenant accused of plot ago terror attack due in court today. christopher paul hasan had a hit list of possible targets including democratic leaders and journalists. he also wanted to kill every last person on earth. the self-proclaimed white nationalist stockpiling 15 firearms with more than 1,000 rounds of ammo in his

basement in maryland. house democrats preparing to challenge president trump's emergency declaration on the southern border. they plan to file a rest tomorrow with the vote expected by mid march. even if it passes the democratic-led house it will still need to clear the republican lead senate to declare the declaration. a duke basketball player's shoe blows out less than a minute into a game. his foot tearing right through his nike sneaker as he dribbled away from a unc player. in a statement nike says quote while this is isolated occurs we are working to identify the issue. the tar hills beat duke. he has a minor knee sprain. is he expected to be the number one nba draft pick. brian: that is not just a basketball player that is a guy that is supposed to be the next lebron james and for him to get hurt in the first minute of the game that could single-handedly tank nike's stock.

for their shoe to blow out like that and for his career to be in jeopardy. that's a. ainsley: it could be worse. i'm so sorry he were injured. the way it would be worse it was like the last point and they needed that as a tie breaker. brian: it's not about the game. it's about this guy who probably will be one of the richest players in sports shortly. steve: suddenly with the video of that shoe blowing up bad for nike. steve: they have splaining to do later today as well. 6:13 in new york city. president trump slamming andrew mccabe after his media tour. >> he really looks to me like sort of a poor man's j. edgar hoover. he's a disaster. steve: missouri senator josh haw solid ready to hold mccabe accountable. the senator joins us live next. ainsley: the police officer swept miranda lambert off her feet and now he is being swept off foot patrol ♪ the front seat's broken

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steve: president trump blasting former acting fbi director andrew mccabe who detailed president book tour last week. the next guest is demanding answers from the fbi and what he is calling disturbing counterintelligence probe. here to explain missouri senator josh hawley member of the senate judiciary committee who just sent this letter to the fbi director christopher wray. senator, good morning to you. >> good morning. steve: okay. so were you scratching your head when you haired heard mcmr. mccabe talking about we are were all sitting there together who is in, who is out, who could possibly get rid of the with the 25th amendment. these are people at the doj and fbi. 295th amendment does not provide for them to be the pickers on who goes. >> nor does the constitution provide for them to be setting the national security or foreign policy of the united states but that seems to be what they think they were doing. you have andrew mccabe now admitting that he launched a

counterintelligence investigation of the president because he didn't like the president's statements on foreign policy. i will tell you what it really sounds like to me, steve. it sounds like to me like the fbi didn't want any oversight. the fbi didn't want to be held accountable. when the president and others tried to do so they retaliated against him. i want to know. i want to hear from the fbi. i wanting to know who launched this counterintelligence investigation. i want to know why. i want to know who oversaw it i want to know who was involved with it and i want to know now. steve: sure. absolutely. we all do. it sounds like the mueller probe according to some news reports could be drawing to a conclusion in the next week or two. are you confident that the inspector general at the department of justice, michael horowitz, mr. huber, who hebrew called in to take a look at the doj and the fbi will be able to figure out who the bad actors were during this time? >> well, i hope that the inspector general's investigation will go on. look, there is a role here for congress to exercise oversighted that these agencies, the fbi needs to be held accountable. i don't want to go back to the day steve when the fbi

was selecting information on political leaders, the j. edgar hoover days where they tried to influence the outcome of policy in this country. that's not democracy. we need to have oversight here. that's why i have demanded answers from the fbi. i'm willing to take whatever steps are necessary to get those answers. steve: right. before did you go, i know you are there on the judiciary committee. have you heard whether or not the mueller probe is wrapping up? >> i have not heard directly. i look forward to it happeninwrappingup it should han wrapped up a long time ago. the special counsel needs to bring his evidence forward if he has any and get on with it the american people deserve to have this thing wrapped up and over with. steve: all right. i think a lot of people feel the same way from the great state of missouri josh howley, thank you for joining us live. >> thank you. steve: jussie smollett expected to face a judge at 1:30 chicago time. our next guest was a victim of violent crime and a chicago native and says he owes everybody an apology to the city. and billboards accepted ago

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internet that puts you in charge. that protects what's important. it handles everything, and reaches everywhere. this is beyond wifi, this is xfi. simple. easy. awesome. xfinity, the future of awesome. steve: headline time on this february 21st. first up, virginia governor ralph northam has cancelled his racial reconciliation event over student protests. the visit at the virginia university union, historically black college, was the first stop on an apology tour after a racist photograph in his medical school yearbook surfaced. northam tweeting he will respect the wishes of the student body. meanwhile, nike releases its special edition colin

kaepernick jersey days after he settled a grievance with the nfl. the kaepernick icon jersey is 150 bucks. former san francisco 49er's player gained national attention in 2016 when he refused to stand for the national anthem to protest racism and police brutality. and that is some of the news brian and ainsley. ainsley: thank you, steve. brian: all right. we have a fox news alert. today in chicago jussie smollett due in court. the empire actor now officially indicted on felony charges for filing a false police report and could get worse from there. alleged -- he is alleging a hate crime by trump supporters. ainsley: our next guest a chicago native and violent crime victims himself says this is my city and jussie smollett tried to destroy it and is now demanding an apology for everyone in his city. here with more is william kelly the host of the citizen kelly radio show. good morning to you, william. thanks for being on with us. >> thank you, ainsley. i think i'm being told that this is the first time someone from chicago has actually been on national tv

to talk about chicago. so, we're making history, ainsley. [laughter] ainsley: all right. well, get the story straight for us. why do you want him to apologize to everyone in chicago? chicago? >> this is very serious. i know it's almost become a comedy of errors on the part of jussie smollett which is why actors should never direct. that's the lesson for actors, number one. the fact of the matter is that the crime in chicago was already epidemic, okay? we had -- you know, 26 out of 30 murders go unsolved in the city of chicago since jussie perpetrated this hoax allegedly in my opinion allegedly. we have had over 106 shootings. 26 murders and guess how many arrests, ainsley? ainsley: how many? >> six arrests. okay? the manpower of the chicago police department has been completely misdirected towards solving this hoax, which has created a national

firestorm against my city, okay? the city of chicago. the city that i was born and raised in, that i love with all my heart, that i i was raised to believe was the greatest city in the history of the world. whenever i travel now throughout the country and world the first thing i hear from people is crime, murder. and now jussie smollett: we cannot let this go without an apology and, in my opinion, an arrest, a prosecution, and a punishment. this particular hate hoax has to be atoned for. brian: the thing is, it's not about him. it's about others who could falsely do this and the ramifications. you are repeated victim of violent crime yourself. >> yeah. brian: when it comes to jussie, this easily could have been a race riot. >> exactly. brian: i was black they threw bleach on me. they attacked me because i was gay. this is maga country. there is people already on the edge when they wake up in the morning.

all they need is something to set them off. >> exactly right. first of all, the good news is that nobody in chicago believed this hoax, okay? because, first of all, anyone who has ever been to chicago knows this is not maga country despite all of my efforts on the citizen kelly radio show. we have not become maga country here in the city of chicago quite yet. okay? but, you know, the combination of, you know, first of all, this allegedly took place at 2:00 a.m. in the morning during a polar vortex and bleach was allegedly poured over jussie smollett's head. anyone who has been in chicago the last month knows if any liquid was poured over your head it would be frozen to your face for life, okay? i'm not a detective. but i do know that this -- that this hoax did not add up from the word go. not to mention the fact that anyone who has ever been raised in chicago knows that the fact that nobody was shot during this alleged

incidents proves was a hoax. brian: he kept his subway sandwich and kept his phone. >> exactly right. ainsley: all right. william. william. thank you for being on with us. us. >> i'm a little concerned about the chicago police who actually exposed this hoax because i'm afraid they might go down in history the way the watergate -- the night security guard at the watergate hotel is going to go down in history because there is more to this hoax we don't know the motive, who else is involved and i think that the chicago police department may have exposed the democrats' rate crime industrial complex. brian: we will see. there might be an accomplice involved. we know that. ainsley: he is going to court today. brian: william kelly, thanks. the u.s. born isis bride wants to come home. should she come home. >> do you think you deserve a punishment for what did you? you? >> maybe, um, therapy

lessons? >> would the law and the u.s. government let her back in america? and does she have a deductible that we should get her therapy? ainsley: robert mueller's russia probe should be released as early as next week. the judge says that would be bad timing. brian: why, judge. you have to tell me. why? ♪ we didn't start the fire ♪ we didn't hide it ♪ ♪ tear up ticket. find the cat. [ meowing ] mittens! make it rain. [ cheering ] [ singing opera ] change the music. ♪ when i move, you move beep. beep. use the rocket. [ sputtering ] if only everything in life listened to you like your new a-class. hey mercedes. [mercedes-benz voice assistant] how can i help you? change color. make it cooler. play my music. the a-class... ♪ was a success for lastchoicehotels.comign badda book. badda boom. this year, we're taking it up a notch.

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senior judicial analyst and host of liberty file fox nation joins us live. >> good morning. steve: we just had josh hawley on on the judiciary committee. is he only hearing what we're hearing. there are news reports the mueller probe could come out next week. then again you look at how things line up. we have a new attorney general, rod rosenstein leaving. he said he is going to oversee it? >> i don't think it's going to come out as one report and doesn't come out next week. the reason i hope it doesn't come out next week is the president of the united states is 10,000 miles away doing very, very serious work. i don't think he wants and the world wants or expects his attention to be diverted to. this the issue is going to be will the entire report be made public? chuck grassley, the former chair of the judiciary committee, republican, has been lobbying that the entire report, whatever is in there, good or bad, the public is entitled to see it so here. brian: redactions aside if someone's security is in

jeopardy. >> yes. yes. here is what will happen though. once congress gets its hands on that report, any member of congress can bring it to the floor of the house or the floor of the senate and release it with impunity. there is no legal recourse. steve: it becomes a political document. >> correct. correct. what else is going to happen in the week after next when president trump is back from vietnam? michael cohen's public testimony. brian: i thought it was next week. >> it is next week while is he away. brian: can't talk about the case. is he going to talk about what a horrible person donald trump is. >> this is just a political clap trap, we think. maybe there is going to be some other allegation, i don't know. steve: yeah. >> mueller's report in my view probably will come in stages and parts of it will be a summary. brian: judge what makes you think that? here it is? i'm done. >> what makes me think that is people i have been talking to as well as the fact that there are parts of that are really not related to other parts. and if bob mueller does release the report in two

weeks and closes down shop, then he has to pass certain prosecutions like roger stone's. stone is going to be in court this afternoon on to the task of regular prosecutors. ainsley: when doj was investigating hillary clinton and james comey came out and listed all the things she had done wrong, all the laws she had broken but then he said we have decided not to indict her. it's now coming out that the legal counsel there at the fbi or with doj, the one who said you can't wiretap. brian: jim baker. >> right. ainsley: his recommendation was when he read the law hillary clinton did break the law she should be prosecuted. prosecuted. >> a recommendation which i agreed and we discussed this many, many, many times before trump -- president trump was elected. the evidence in my view of her guilt is overwhelming. you know, andrew mccabe, for all of his credibility problems did say something that was very interesting. i don't know if he said this at this time. there ought to have been a special counsel for hillary clinton. it should have been separated from jim comey and

separated from loretta lynch who had been appointed by barack obama. steve: what james baker went on to say during this closed door testimony which now some portions of the radcliff interrogation had been released, it shows that james baker said yeah, i thought she should be prosecuted until the very end of the process and i was talked out of it by people of the department of justice and the fbi. >> political decision. steve: i wonder who that would be? >> we know what happened. they talked him out of wanting her to be indicted because they thought she was going to be president and their boss. brian: he goes i ultimately didn't go for it because i couldn't prove beyond a shadow of a doubt the intent to deceive. >> you can infer intent and besides there is a portion of that statute, failure to safeguard state secrets, which can you violate by gross negligence. gross negligence you don't have to prove intent and comey knows that. ainsley: chicago, jussie

smollett how serious is that? that? >> the greater worry is potential federal prosecution by mailing a letter to himself, a threatening letter to himself he committed postal fraud 5 to 10 years in jail. that's two to three times what he faces for lying to the chicago cops. brian: hazmat team there. and resources. >> he cost the city and cook county a fortune in resources and. brian: do we know for sure he wrote that letter. >> no, we don't. the feds are investigating it. steve: apparently yesterday at the grand jury the brothers said we were involved involved in it. the brothers told them everything else. >> yeah, he paid us 3500 bucks. he timed it so we were going to go to nigeria the next day. they have spilled the beans. >> i'm going to guess he didn't tell his own lawyers the truth. if he told his own lawyers the truth, there was a time maybe four or five or six or seven days ago they could have gone to the prosecutors and worked out a deal. now it is too late. ainsley: fun i couldn't say that i was wondering how does that conversation go

down? you hire your attorney and say i didn't do this. i'm accuse of of this, i didn't do it. he wasn't even accused at this point. he hired the attorney and does he say to them oh, yeah, i actually did that? >> the attorney says you have one defense remaining, temporary insanity but i don't think would wash but i don't know what other defense there is. steve: he has hired mark geragos. brian: is he not licensed. >> he can get himself licensed for one case. >> they want a show trial. that's what he does he is good at it. brian: he has kaepernick money. >> he represented kaepernick. brian: please don't yell at me. me. >> i loved it. brian: all forgiven. judge: where is jillian. steve: she is right behind you. she has the headlines. jillian: please don't yell at me. at me. good morning. get you caught up on news starting with this. the trump administration the trump administration refusing to allow an american isis bride back into the u.s. whwho he

she is begging to return home. in a statement mike pompeo says she is not an american citizen writing, quote: she does not have any legal basis no. valid u.s. passport no. trite a passport or stroiz travel to the united states. her lawyer says her birth certificate proves she was born in new jersey. stay tuned for that you remember the woman who made headlines scaling the statue of liberty on the fourth of july is back. she was convicted in the dangerous stunt protesting immigration policies. now she is behind bars in austin, texas for doing the same thing. activists climbing five stories without any ropes sitting on beam for 8 hours with abolish ice banner. she eventually climbed down on her own. charges are pending. alexandria ocasio-cortez' response to a critical billboard with a clip from the office. the times square sign reads, quote: amazon pullout things for nothing, aoc.

blames socialist for canceling headquarters. tweeting the sign is like a billionaire's version of this scene from the office. >> we have bubba gump shrimp. red lobster down there. you know, this is the heart of civilization right here. >> ocasio-cortez trying to express she thinks the times square sign sought of touch with real new yorkers. country star miranda lambert brand new police wife. the brand new officer is getting so much attention now he had to be taken off of patrol. ♪ if you're looking for love ♪ willing to fight over men and mom mass and miller lite ♪ well then ♪ we can be friends ♪ jillian: they announced their surprise marriage last week. is he reportedly on police driver duty for the time being because is he getting so much attention.

ainsley: there is so much to that story. brian: he tried marrying famous it didn't work. ainsley: he was allegedly engaged. steve: he didn't marry her because they were famous. brian: who was he married to before. ainsley: he was engaged to a girl. brian: no who was miranda. ainsley: blake sheldon. brian: that didn't work. go every day man. steve: chicago police have just tweeted they have taken empire star jussi smollett into custody and a bond hearing at 1:30. janice joins us right now. ainsley: someone who is not in custody. janice: you don't know my past. read the book. mostly sunny. take a look at the maps real quick. it feels warmer outside because it is. we had colder -- warmer air move in last night and it was mainly a rain event. we still have snow banks behind me. if we can go to the maps i will show you what i'm talking about, 51 here in new york -- oh, that's the forecast highs. okay it's not currently 51. oh my gosh, it's all falling

apart at the seams. this is a big story my friend. we are getting a snow as far as south as tucson, arizona. it was snowing in las vegas last night. i kind of wish i was in las vegas right now. feeling a little lucky. brian: we're lucky to have you janice dean. janice: thank you, brian. steve: new wave of migrants now at our doorstep it's the same border area where bourque vowed tbetoo'rourke vown the wall. is he in mexico coming up next. ainsley: remember the land deal surrounding bernie sanders' wife? could that come back to haunt his 2020 campaign? ♪ going to let it burn, burn, burn ♪ we don't want to leave, no. ♪ we just want to be right now ♪ and ♪ and one of the windiest places in america. ♪ and home to three bp wind farms.

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we're family. we'd do anytbut this time...her. those bonds were definitely tested. frog leg, for my baby brother don't frogs have like, two legs? so they should have two of these? since i'm active duty and she's family, i was able to set my sister up with a sweet membership from navy federal. if you hold it closer, it looks bigger. eat your food my big sis likes to make tiny food. and i'm okay with that. navy federal credit union. our members, are the mission. ♪ jillian: good morning, we are back with a fox news

alert. empire actor jussie smollett is in police custody in chicago. chicago police arresting smollett hours after naming him an official suspect in the hate crime attack against himself. is he charged with making false statements to police and could face time in prison if convicted. a police news conference is expected to reveal more details at 10:00 a.m. eastern time. smollett is due in court this afternoon. this is a story, guys, that has been unraveling by the minute. steve: it has, indeed. jillian, thank you very much. ainsley: a brand new wave of migrants arrive at the mexican border ready to cross into the united states. brian: here we go again. they are camped out near the same border wall that potential 2020 candidate beto o'rourke wants to take down. steve: griff jenkins is live on the ground in mexico with the caravan as the migrants prepare to start their day and, griff, they are just waiting to be let in, aren't they? >> yeah, they are. another caravan yesterday in the southern part of

mexico's border forcing their way across 1,000 or more clashing with officials. finally officials just let them. in they will eventually make their way up here to jawrs: juarez. they are up 478% this year in apprehensions. you've got 43,238 in fiscal year 19 compared to only 7481 last year. now, we were in the shelter yesterday, the other one we talked to randy davidson, one of the migrant migrants from honduras and i asked him about democrat hopeful talking about tearing down the wall. here's what he had to say. >> mexico ain't planning to build a wall. mexico planning to build a

wall worried about it. >> because then you can't come back. >> then i won't be able to come back. guatemala is very ugly. >> he doesn't want a wall on mexico's southern border. meanwhile dhs secretary kirstjen nielsen was south of mexico's border in el salvador meeting with the northern triangle countries trying to come up with a solution to stop the flow of migrants, guys. steve: all right. griff jenkins live in mexico with the very latest on the caravan as they await. thank you, sir. ainsley: nick sandmann's lawyer blasting the media after filing that 250-million-dollar lawsuit against "the washington post." why he says it's not just about the money. brian: plus, our next guest went from the military to minor league baseball to the nba. how did he do it? we will share the 12 essential skills can you develop next. williams here live. and saying, "really?" so we built capital one cafes, with savings and checking accounts

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♪ brian: from his days in the military to the minor league baseball days of pat williams to fabulous nba career next guest spent 50 years in sports. one of america's top motivational speakers. in this new book is he taking a page from west point in how you can utilize the military academy's 12 core virtues to build leadership skills in yourself and your family, your team and workplace. the name of the book is character carved in stone. these are the stories of west point grads, many of which we know of. pat williams, welcome back to the couch. great to see you. how many books have you written now. >> this is book 110 believe it or not. brian: 110 books: i lo thissei lovedthis one. the compassion, courage to determination.

perseverance, responsibility, service and trust. your forward is by a graduate of west point coach k. >> mike chevy ski the duke coach went to west point. he wrote the forward for us. he is one of the featured people we write about in the book. i went up to speak at west point, brian, a few years ago to the teams and the coaches. they give me a little tour of the campus. and we came to a little park called trophy point and i looked around and i saw these benches there. counted them. there were 12. and at the end of each bench carved into the stone was a word, a different word on each bench. and i went and looked at all of them and the words that you just read are what are on the benches. i said that's a well-kept secret. i never had heard of that. i thought these are the principles they want the cadets to follow. i said i think that's got a book in it. brian: to help everybody who isn't lucky enough to get a nomination to get in.

coach for his character. best movie ever made was when bobby knight came to his house and talked polish to his mother and convinced coach k mike tha. >> mike would tell you that one of the we write about is responsibility as a freshman. coach k was walking across the campus. he got mud and dirt splashed on his shoes. an officer stopped him, challenged him. mike tried to excuse his way out he was told west point three answers when you are challenged. yes, sir, no, sir, no excuse, sir. brian: gotcha. >> coach k learned from that i am responsible. brian: man has he paid off. you say great example the legendary officer of loyalty. >> well, on d-day.

matthew ridgeway, the general parachuted behind nazi lines into france with his troops. how about that? he was not back in london shouting out orders or somewhere removed he was parachuting in with his troops. brian: like washington and grant liked to be there in the beginning. eisenhower was there for a reason. he had integrity. >> he was in the philippines. philippines government was handing out enormous sums of money to officers for their work or gratitude. eisenhower said i get paid to do my job. i don't take anything extra. got to love ike. brian: i loved the fact he came for running for re-election. physical vote for me. pat williams, this is unbelievable book. it's a must-read. called character carved in stone for parents, for coaches. congratulations. i know you are successful. talk more on radio. >> i will see you later,

brian. brian: good to see you, pat. breaking news out of chicago. jussie smollett turning himself in to police moments ago. what he is looking at legally and everything else. means to fight the hardest battle, which any human being can fight and never stop. does this sound dismal? it isn't. ♪ ♪ it's the most wonderful life on earth. ♪ ♪ this is the avery's trying the hottest new bistro.ery's. it's the most wonderful life on earth. wait...and the hottest taqueria? and the hottest...what are those? oh, pierogis? and this is the avery's wondering if eating out is eating into saving for their first home. this is jc... (team member) welcome to wells fargo, how may i help? (vo) who's here to help with a free financial health conversation,

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jillian: empire actor jussie smollett is in police custody in chicago. >> we cannot let this go without an arrest, prosecution and punishment. >> robert mueller's russia probe could be released as early as next week. >> the special counsel needs to bring his evidence forward, if he has any, and let's get on with it. the american people deserve to have this thing wrapped up and over with. >> the american woman who left to marry isis fighter will not be getting her wish to return to the united states. >> the attorney representing the covington says image is tarnished. >> the face of evil because he was white, catholic, and he was wearing a make america great again cap. >> samsung have been teasing this foldable phone for a

while and we are finally learning a price tag. get this $1,980. ♪ >> let's get right to a fox news alert. the empire actor jussie smollett is now in police custody. brian: this just happened. the actor under arrest hours after chicago police named him an official suspect in the alleged hate crime against him, yep, himself. he is charged with making false statements to police which could result in prison time. steve: all right. let's go out to chicago right now where matt finn is waiting with a thorough report. matt, we understands that apparently there is going to be a press conference at 10:00 eastern time and then he, mr. smollett will be at a bond hearing at 1:30, right? right? >> yep. that's correct. chicago police confirming that right now jussie smollett is in the custody of chicago police detectives and chicago police say their detectives testified yesterday before a grand jury to get these charges

approved as did the brothers. they testified two and a half hours yesterday before the grand jury. and new surveillance video shows the brothers apparently buying the supplies to carry out this attack black masks and red hats with which jussie smollett allegedly told them to purchase. now, the attorney for the brothers say the brothers did get some type of money from smollett but, quote, not in the narrative that's out there. the attorney says the brothers do not have a plea deal or immunity. they were cooperating because they wanted to reveal their truth the procedures attorney also praises chicago police. >> when i say that the police spent countless man hours trying to piece this together, i mean that i absolutely mean that when i say that my clients spent

countless hours getting the story to police i mean that too. >> smollett's attorney attorney says: right now the attorney for the brothers say she does not expect her clients to be charged. brian, ainsley, steve. steve: all right, matt, thank you very much. so what we understand tmz has a report this morning that talks a little bit about what the brothers did tell the grand jury and, keep in mind, in the grand jury handed out the indictment and that's why he was arrested this morning. apparently the two brothers said they staged the hate attack, jussie orchestrated it. they did get paid for it didn't specify in the news article how much. they drove with him to scout the location. they rehearsed the attack and as he said, during that

report, they were seen on camera buying ski masks and red hats and bandannas. and jussie told the brothers exactly what to buy. there it is right there. ainsley: we had judge napolitano on earlier what jussie smollett needs to worry about are the federal charges against him. he originally allegedly sent himself that letter. >> through the federal mail. >> through the federal mail and that is a hefty crime -- hefty sentence. up to 20 years i think he said. the felony charge, which was the local police's charge up to three years in prison. one to three years. brian: right. or he could get probation depending on how this whole thing shakes out. there was powder. they had to call a hazmat team crushed aspirin. upwards $25,000 in fines 1 to 3 years. the question is what was behind it? why did he actually think he could pull this off? you are good morning america and he calls and reaches out because he wants to tell his story do you feel victimized signatures there putting on

his best acting face allegedly talking about how he was hit and wants everyone to know how he fought back that was the only thing he wanted to know. he just bragged about the fact that everybody knows i'm in very anti-trump there is pictures with him can kamala harris and some others like cory booker weighed in immediately condemning the climate in this country. judge napolitano was with us and told us where this could be going. >> across the city and cook county, a fortune in resources and i am going to guess did he not tell his own lawyers us the truth. if he told us own lawyers the truth, there was a time maybe four, five, six, seven days ago they could have gone to the prosecutors and worked out a deal. now it is too late. steve: there also is a story that at the 11th hour just before the two brothers were going to testify in front of the grand jury apparently smollett's attorneys called the prosecutors and said, hey, we have got exculpatory evidence that could change the whole story.

we don't know what that was. but, obviously, it did not because he has been indicted. the judge was just talking about the resources involved. mark fuhrman said last night on our channel that something like 24 different detectives were involved in this case and here's the sound bite from a guy in chicago, the executive director of violence interrupters and he said those assets, those resources were taken away from other really important crimes. >> i was born and raised in chicago. and i novi lens quite well here in chicago. i was one of the first community leaders that put this out on one of my linked in posts. i wrote a post about it. if you get beat up for real in chicago, nobody gets pump slapped in chicago. nobody gets a pass, in other words. making a comment about chicago being make america great again country, that does not happen in chicago. he is receiving all the attention and we just had a 1-year-old child toddler shot in the head named baby chase and he is not getting

any attention and we have a 14 or 16%% homicide clearance rate. if jussie is cleared of the charges is he dead wrong because is he taking much serious attention from chicago. brian: i wonder how much time and resources in celebrity accusation when there are so many other murders in less affluent area. ainsley: taking attention away from the real crime there. i think he should pay the city back. he should be made to pay the city back. it was very expensive to do these investigations. 24 different detectives? steve: you know what? is he a high profile guy. empire is a big show on a big network. filmed in chicago. and is he a star. ainsley: think about how this could have blown up like you mentioned it could have caused riots. brian: no kidding. steve: well, had it not -- but it was determined that it was not a true story because there were some red flags. but when you saw him on gma

one week ago today, he made the case with all of his heart that he was the victim of a hate crime. watch this. >> he said this maga country [bleep] punches me right in the face. i punched him back. i noticed the rope around my neck and i started screaming. >> why did you hesitate to call the police. >> there is a level of pride there as a gay man, you are considered somehow to be weak and i'm not weak. brian: left a noose around their neck. >> why would anyone do this? would would they go to this extreme? brian: was there anyone else involved? ainsley: he has a wonderful career. it's not like a guy who needed the attention. is he a famous actor. steve: one of the initial stories was he was going to be written out of empire and fox came back and said look, is he going to be with us. we love him. one of the red flags they were talking about regarding the noose 42 minutes like that was one of the first things. cops arrived to talk to him he was still wearing the noose. if somebody put a noose around your neck wouldn't you take it off pretty much

immediately? the other one he took the cops to the location and he said well it, happened right here and luckily there is a surveillance camera right there. the cops said that's weird he would say that you know what? that's pointing the other way. the brothers did tell the grand jury they rehearsed it so was that spot selected because it was under that camera and at that point he didn't know it was pointed the other way? brian: maybe he was the one that twisted the other way while he staged the whole thing? who knows. 9 minutes after the hour. i don't know if you heard the democrats weren't too thrilled with the democrats' announcement declaring a state of emergency so i could continue building the wall. ainsley: they didn't like that. brian: turns out. goes up to $8 billion. today to the credit of four house democrats they are going down to the border of themselves. my hope is this isn't staged. they get to see how bad the situations are and what the resources actually needed down there. and there are the four dems that are going down. of course, benny thompson is chairman of homeland

security. so, my hope is that he goes there with an open mind and open ears and listens to border patrol. ainsley: people have been calling on nancy pelosi to go down there. good for them for going down there. find out what they need. many are saying they do need this wall. what you keep castro introduced this legislation that will go before the house tomorrow and then nancy pelosi sent letters to every single person in the house. democrats and republicans saying please, if you want to sign on to this legislation. steve: remember, it was a week or two ago when they were going to have the big vote. the democrats said we have to hear from the experts. they heard from the experts they all said we need wall and then they voted against the wall. ainsley: if they vote against the emergency declaration it could go to the president's desk and he could veto it. steve: the big question is what would the senate do? and the senate probably would not pass it is it stay tuned for that meanwhile 7/11 in new york city. ainsley: jillian has headlines for us.

jillian: prosecutors say christopher paul hasan had a hit list of possible targets including democratic leaders and journalists. he also wanted to kill every last person on earth. the self-proclaimed white nationalist stockpiling 15 firearms with more than 1,000 rounds of ammo in his basement in maryland. pope francis is hosting a summit at the vatican to address sexual abuse in the catholic church. starting today church leaders from around the world are meeting with high ranking vatican officials to focus on ways to move forward. the four day summit will address transparency the responsibility of bishops and holding church leaders accountable. deputy attorney general rod rosenstein will make his first public appear and today since word got out that he is stepping down. rosenstein is scheduled to speak at his alma mater the wharton school at the university of pennsylvania. is he expected to leave his post at the doj by mid march. and everyone holding their breath after the nation's

best basketball prospect's shoe blows out. look at that less than a minute into a game. zion williamson's foot tearing right through his nike sneaker as he dribbled away from a unc player. nike says quote while this is isolated occurrence we are working to identify the issue. tar hills beat duke. williamson has a minor knee sprain. expected to be the number one nba draft pick. >> they say worried they have the worst team in basketball and theoretically. they look at them as their rookie. jill scril sprains can sometimes be worse than breaks. ainsley: pat williams say you could hear the crowd goal. [gasp] brian: thought obama was at the game. steve: remember that vermont land deal bernie sanders wife. next guest asked the feds to look into it years ago. why he says it could come

back to haunt bernie's 2020 campaign. ainsley: plus, one police department is getting pumped up and they brought a four legged friend to help out. how cute is that? ♪ steve: the dog is awesome ♪ rising up ♪ back on the streets ♪ did my time ♪ took my chances ♪ ever notice how hard it is to clean impossible kitchen and bathroom messes with wipes and spray cleaners? try mr. clean magic eraser. just add water, squeeze, and erase.

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♪ ♪ steve: bernie sanders entered the 2020 field this past week but past troubles may come back to haunt him like, for example, his wife jane's tenure. the school closed in 2016 due to crushing debt incurred while she was president from a land deal that fell through. the controversy was looked into but bernie's campaign says the feds have closed the investigation and are nonot filing any charges. here with more is lawyer and vice chair brady tensing joins us from d.c. >> good morning, steve. thanks for having me on. steve: the college closed with a crushing weight of debt because she bought in part 32 acres to expand the college. took out $6.7 million in tax exempt loans.

what's your problem with that? it sounds like she was just trying to grow things bigger? >> yeah. i don't have a problem. i like bigger things and i like successful businesses and i understand there is risk. but, there is also something called bank fraud. and what happened was that jane sanders misrepresented, lied about confirmed contributions to the school in order to get the bank loan to buy this property. steve: how did she lie? >> she overstated the contributions. we know this because there are -- well, we know this for at least three reasons. one, the school is only able to collect about 25% of the claimed contributions. number two, the school's own audit reports showed the fraud. and and, number three, donors came forward to say that their pledges were overoverstated that they were misrepresented. >> as i understand it a couple years ago you sent a letter to the feds and said hey, you've got to look into this. what happened with that? >> well, we don't know

officially what happened with that because of the federal officials don't discuss investigations and they don't discuss closing investigations but bernie sanders' office has claimed that it was closed without prosecution. but, and this is the shame of this, steve. if that is exactly what happened, there's not going to be a special prosecutor's report that comes out and explains exactly what role senator sanders played in getting this loan or what evidence was in front of the prosecutors that they declined to go forward on. we just have senator sanders who refused to answer questions during the investigation because the investigation was going on and now he refuses to answer questions because it's closed. steve: okay. we got a statement from jeff weaver, senior advisor to bernie sanders in 2020. these false allegations began with the politically motivated complaint by trump's 2016 vermont chairman. as jane has said from the beginning she has done nothing wrong and was pleased that the investigation came to an end

months ago. no coincidence that after bernie sanders record breaking fundraising during the first day of the campaign fox news is regurgitating false attacks from trump's cronies. the worry was that ultimately they got a sweetheart deal because she was bernie's wife, right? >> well, not only the worry, there is evidence. if there had been -- if she had been jane doe instead of jane sanders, she never would have gotten this loan. it never would have survived the most basic of underwriting. the subsequent president who was tasked with trying to clean up jane's mess and trying to save the college, herself said that it appears as though the senator, that the school received special treatment, jane received special treatment because of senator sanders' power in the state. steve: okay. nonetheless, the feds did not prosecute. and we don't know exactly why. but, brady, thank you very much for joining us from d.c. and telling us the story. >> thank you. steve: all right. 7:20 now in new york city.

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steve: 7:24 in new york city. time now for news by the numbers. first number 7. that's how much groups education secretary betsy devos just donated a portion of her salary to. one recipient is the thorough good marshall college fund which benefits historically black colleges and universities. it's unclear how much she has donated in all. meanwhile, $15.5 million. that's how much the republican national committee raised just last month. campaign finance documents show the rnc nearly

$29 million as it prepares for 2020 and $399,000. that's the fine california must pay after trying to force pro-life centers to promote abortion. the supreme court struck down the law requiring clinics to post the signs about those borings abortions. some of the news, brian. brian: all right, steve, foster care providers fighting for religious freedom after a new federal law waiver allowed them to keep working with couples to stick to traditional christian belief. ainsley: left wing groups are outraged the center for american progress arguing this weaponizes our nation's right to religious freedom in order to justify discrimination in the foster care system depriving children of welcoming homes. reed is ceo of miracle hills ministry of south carolina to react. thanks for being with us. >> it's a pleasure to be with you. ainsley: tell us about your ministry and your program,

please. food shelter and compassion by hearing the good news of jesus christ and moving to healthy relationships and stability. provides more shelter for homeless adults than anybody else in the state. we have the largest level one foster program in the state. we provide addiction recovery. we have thrift stores and we work cooperatively with the people around us to be sure the network for care is usual -- >> brian: why did you want a waiver to allow to you continue your program in the tradition -- the christian tradition? what was happening? >> i'm sort of offended by the term waiver. we wanted clarification that the religious rights of religious would be protected as they always had been we have providing this care for more than 30 years. we have always had the opportunity to work with our faith community which is centered around our love for jesus christ.

ainsley: what did the aclu have a problem with? >> i don't know which groups specifically, many groups seem to have a problem with it but they are saying that restrict the ability the choices available to care for children. nothing could be further from the truth. soutis 1,000 families short. we want as many people as possible caring for foster children as we can get. we are providing 225 families today to do that. brian: you just don't want same sex couples helping you out? >> we want to be able to work with people who share our faith. we receive nothing for recruiting families which cost us about $2,000 apiece. we receive partial reimbursement for the care of the children once the ss places them in those families. but we are simply saying let us work with people of our faith and there are 8 other agencies here in the upstate that can -- that other people who don't share our faith can partner with.

ainsley: for folks at home that agree with you and are watching who can help. >> it's been a costly fight. there have been lies told about us. it's cost us support. they can send some. but, more than that, for those who share our faith, we would ask to you pray. for those who have some influence, just encourage your senators and congressman to continue protecting the rights of religious providers across the country. we are grateful. brian: the other side is this leslie cooper the director of the aclu lbgt, hiv project terrible decision hurt the children. children welfare programs were created to help while incentivizing other states to follow south carolina's bad example. obviously a detractor not happy with the waiver. >> i appreciate that the coalition for jewish values the national organization stands with us. the catholic diocese stands with us. i grieve over the loss of 120 families in philadelphia

because they simply want to follow their faith. ainsley: thank you for joining us. >> it's a pleasure to be with you. brian: jussie smollett turning himself in to police an hour ago after police named him a suspect crime against himself. ainsley: kamala harris joked about smoking potted. guess who isn't laughing? her own father. we will tell you what he says. ♪ ♪ a product of mastery. lease the 2019 es 350 for $399 a month for 36 months. experience amazing at your lexus dealer. so why haven't youul started building? tyler's off to college... and mom's getting older... and eventually we would like to retire. td ameritrade can help you build a plan for today and tomorrow.

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ahhh! rakuten! brian: back with a fox news alert. empire actor jussie smollett now in police custody as of this morning. he reportedly turned himself in at 5:15 a.m. chicago time after making a statement to police. ainsley: his arrest comes hours after he was named an official suspect in the alleged hate crime attack

against himself. smollett is charged with making false statements to police and if he's convicted he could face three years behind bars, if not more, actually, if they prove to be a federal crime. steve: right. exactly. that's the question is the feds apparently are looking into the fact that the threat letter was sent through the mail. news conference expected to reveal more details 10:00 a.m. eastern time. we will probably hear what was in the statement he made. actor will head to court this afternoon at 1:30 for a bond hearing. syndicated columnist and author joins us from today out in colorado springs michelle, a lot has been said about this case and a rush to judgment. so many people came out and were so supportive of him when he first told the story which as we now know was not true. >> right. it wasn't true. and in my experience of reporting on hate crime hoaxes over the last 20 years, when you see one social justice huxter he

have seen them all. i have called troubling contradictions lapses and nonsensical claims that were made three weeks ago. so i'm glad all of the johnny come latelies are now debunking. this it was clear from day one when this story, quote, unquote, first broke in tmz that it was a publicity stunt. and none of the claims that were filtered through tmz initially made any sense. the idea that there were people in this liberal elite enclave in chicago shouting at jussie smollett at 2:00 in the morning when it was below freezing as he was supposedly strolling around getting a sandwich didn't make sense. all of these questions were already swirling in the local media on january 29th. and it took this long for people to realize that the whole thing was a scam. why is that? because people were afraid. they have been intimidated

for so long into asking common sense questions. brian: not the chicago cops. they got to the bottom of it they were relentless in doing it i'm sure other cases were starved because of it. now, a lot of candidates quickly ran to the defense and expressed their outrage hey even the president did. we should call adam schiff actually tweeted immediately saying this: i met jussie smollett at a pride flad los angeles and seen the passion and moral clarity of his activism firsthand. this week he was the victim of a horrific attack. we pray for your speedy recovery, jussie and reject this act of hatred and bigotry. he has deleted that since. >> yes. a lot of people have. and now people like kamala harris sudden deaf syndrome. ask her about the tweet she wrote? huh? huh? can't hear you, la la la, can't hear you. a lot of this falls on the media as well which stoked the hysteria about it. and in large part

responsible for this culture of just knee jerk witch-hunt. you know my question is who is going to be accountable here? at least with the rush to judgment on covington we now have lawsuits. but where is the recourse for trump supporters, of course who have been smeared by this? because now you have got jussie smollett's lawyer saying oh well we need a presumption of innocence? where is the presumption of innocence for people to support the president? ainsley: you mentioned kamala harris do you remember when she was interviewed on that radio show called the breakfast club? watch. this they say you oppose legalizing weed. >> that's not true. >> i know. >> and, look, i joke about it and have joked. half my family is from jamaica. are you kidding me? [laughter] >> you smoke? >> i have. and i inhaled. i did inhale. [laughter]

ainsley: one jamaican had a problem with that how she stereotyped she is from stereotyped she is from jamaica of course i smoked pot. that's her dad. donald harris a professor at stanford university. my dear departed grandmothers as well as my deceased parents must be turning in their grave right now to see their family's name, reputation and proud jamaican identity being connected in any way with a stereotype of a pot-smoking joy seeker and in the pursuit of identity politics. >> amen. i would like to write in donald harris instead of camla. the pathetic pander something so cringe-worthy. brian: unbelievable. >> even her own father is throwing her under the bulls after she threw her family under the bus. you know, this is a serious issue. issue. and i have written about my own -- i guess somewhat unorthodox views about medical marijuana in particular. my own family's positive experience with it. it certainly doesn't help the cause of people who are trying to, you know, argue on behalf of things like

that to have somebody so flippant and you have time traveler kamala harris of course who smoked pot listening to music that hadn't even been made yet. brian: she is a ninth grader trying to be one of the cool kids from the people who brought you get me a beer elizabeth warren. one thing to learn from president trump and even bernie sanders be yourself and then we will decide if you are the right person for the job. she is pretending to be somebody she is not. michelle, thanks so much. >> yep, thank you, michelle. >> take care. steve: we should point out the campaign has had no comment yet on what her father said. but i bet that's coming today. ainsley: they will. they will have to. steve: 21 minutes before the top of the hour and jillian joins us. jillian: good morning. the attorney covington catholic student suing "the washington post." says it's not just about money. he says nick sandmann's reputation is tarnished. >> think about what this young boy is having to deal with today at 16 when the

entire world saw him the way the media portrayed him as evil. it is inexcusable. reprehensible conduct by the media. and "the washington post" led the way. jillian: sandman's $250 million lawsuit claims the post published a series of false and defamatory stories because he was wearing a maga hat. sex education may soon become mandatory in some public schools. a washington state democrat is pushing a new bill that would require schools to provide the curriculum to students. supporters claim it is essential to health, relationships and life goals. critics say it should not be funded by taxpayer dollars and maybe too graphic for children. sex ed is currently optional in washington. this police canine is pumped up about fitness. watch this. ♪ ♪

jillian: doing pushups with officers at his new hampshire police department. the auburn police challenging other departments to see if they can do any bitter. you know, you see that angle of the video. for a second i was wondering does someone have a treat up here and they're going like up, down? steve: somebody has a treat the dog is looking at somebody? brian: do you think the cops have a treat, too? jillian: i would want a treat? steve: the guy behind the counter typing and struggling. jillian: i love it. ainsley: like soul cycle that's whacyclecycle. have you ever taken one of those? brian: no. no soul. janice: what's a soul cycle. it's going to be 86 in orlando today why are you here. >> for work. janice: going to be excited to go home. >> yes. janice: can i come? >> yes, you can. janice: take a look at the maps. i will show you the discrepancy of what is happening in tampa and 34 in new york and across the

northern plains. it's still 8 in minneapolis. it's still cold. that's where we have the potential for snow heading into the next couple of days. the flash flood potential for the southeast over the next few days as well. we will see flash flooding. can you believe we had snow in las vegas yesterday, my friends. we can snow in parts of arizona and utah and nevada. it's going to be another big story severe weather as well for the southeast. wave my enthusiastic bunch of friends. thank you for coming to "fox & friends." brian: going to be 52 degrees today. can you believe it? steve: it's going to melt that snow that fell yesterday. thank you, janice. meanwhile, that american isis bride went to syria to help the terror group kill americans. now she says i'm sorry i made some mistakes i want to come home. but our next guest says if she does come back she should be tried for treason. if i built a van, it would carry my entire business. i'd make it available in dozens, make that thousands of configurations.

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immigrants are arriving at our southern border with mexico ready to cross the border. they are now camped out near the same border wall that potential 2020 candidate beto o'rourke would like to take down. ainsley: griff jenkins is in mexico county caravan as the migrants are prepared to start their day. good morning, griff. >> good morning, steve, ainsley. caravan crossing again. shelters just maxing out. the one behind me and one across town the same scene, people crammed in there. we have talked to one of the migrants randy davidson about the suggestion by democrat beto o'rourke to take down a wall. here's what he had to say. >> democrat candidates say there should not be a wall. how do you feel about that? >> very comfortable. ask many people here what they feel about that they are going to say that's like very comfortable.

>> take the wall down. >> take the wall down. griff: group of democrats with the homeland security down el paso down the road from me. 470% increase of apprehensions in the el paso sector in fiscal year 19. this all comes as secretary nielsen made a trip yesterday to el salvador to try to get those countries to come to an agreement to stop the flow of immigrants. ainsley, steve? steve: all right, griff. thank you very much. ainsley: hand it over to brian for an interview. >interview. brian: the trump administration is refusing to allow alabama woman who left to join isis back into the united states. three husbands and one kid. whhodam traveled and now she says she wants to come home. secretary of state mike pompeo says she is not a u.s. citizen no basis to return. her family pushing back on

this. former towel colin powell robert joins us now. those who leave whether citizens or not they can't come back, can they? >> no. what mike pompeo is exactly right here. what you are witnessing is the operational definition of the renunciation or the renouncing of their citizenship. and in our -- we have a federal statutes. we have the constitution itself which defines treason very clearly. in fact, even alabama has laws to define treason she fits directly into that bottom line what she did was what they call levying war against the state or joining a foreign against the united states. she has renounced heir citizenship. these two stories this one and preceding one are related. very important that we assimilate immigrants into this country. sheet pass part of enclave

radicalizing people untouched by those around her and eventually ended up over there got caught. can't say oops, i got caught. and then come back. but the reality is we need to assimilate our immigrants, which is why the president is right in slowing down the flow of immigrants so that they can immigrants so that they can be taught american history, language, culture and civic duties attach to civil rights. brian: i have a huge problem with the lack of history in our schools to begin with and the way we are redoing the textbooks. people push back and say wait a second didn't new york city have little italy and brazil. mini brazil across the street here? what's the difference between what we used to do and what we do now? >> excellent question. the bottom line is here it is important for people to have cultural identity associated if you have a long family history one way or another. my family got here in the 1640s, the realities if you have italian irish or arab history and the cultural piece of it is fine. you also have to subscribe to the american bill of rights u you have to understanding what it means

to be a citizen. you have to speak the language. you have to understand the history of america. we have always done that believe it or not up until recently we have been very careful as a community as a nation to reach out and to help assimilate people. that's an important obligation we all have to try to bring people into the fold. brian: you link stories i link one. about the illegal immigration story. are people coming here legally the right way? we have never been anti-immigrant we never will be. >> that's right. brian: are you coming here the right way and do you want to be an american? we have to have a process. >> bingo. brian: that's good come back. they would tell me to wrap as if they were trying to tell to you wrap, too. >> yes, sir. brian: thank you very much. very disciplined man. many 2020 democrats socialist agenda. which candidate is the socialist of them all. an interesting competition. forget history or economics, one college offering a class on unsettling whiteness. the most bizarre courses of the year and what it takes to get an a.

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it handles everything, and reaches everywhere. this is beyond wifi, this is xfi. simple. easy. awesome. xfinity, the future of awesome. ainsley: every year young america foundation compiles a list. higher education in america. joining us now with a few of the more memorable classes from this year's report. spokesman and recent college graduate spencer brown. thanks for being with us. >> good to be here. ainsley: you found bizarre courses. which schools did you analyze. >> this report goes through basically the top universities and colleges in america. the big ten, sec, the ivy leagues. the top 10 "u.s. news and world report" ranked colleges and looks at what these students are being taught.

what we find every single year continues this slant and gets crazy and tragic as the title implies. ainsley: some of these are a little bizarre. at the university of illinois can you take a class gender in gaming. examines the history of gender and games. internet. consolidate video games and geek culture as a domain of masculinity and whiteness? >> yes. so what we see throughout these courses and this is a key example of it is just scapegoat the white males. see that whether it be in pop culture and especially on college campuses. blaming white men for apparent lack of representation that they feel exists in geek culture for women. it really goes to show, again, white males are the most disfavored group on college campuses ains ace at the university of minnesota take as class marks for today provides students for introduction marxist theory particular attention to

relevance for the contemporary world. >> you have this course professors teaching a rising marxist ideology has room in today's society. obviously that's not the case. if anybody knows about marxism the end goal is socialism. how relevant that is today look at venezuela clearly that's not where we want to be going. many universities that's the slant professors are leading students towards. ainsley: unsettling whiteness. what are your thoughts. >> that's one a lot of these courses going through and surveying them. you don't know what the point of the course is. in this case is it saying whiteness itself is unsettling or unsettle whiteness as an institution? again, it's antiwhite bias see on campus. ains. >> double standard exists in higher education. if you look at what they go through. they talk about politics and age of trump somehow implying under president trump misogyny massive resurgence. look at the left. real misogynist. how many conservative women

were said the only reason they supported the president because their husbands made them. i'm willing to bet that's not covered in that class. ainsley: these courses are not cheap. they are expensive. >> what do they get? they don't get. ainsley: learn about video games. >> not how to manage your finances and land a job. almost 40% of american millennials are under employed. that's probably because they are getting classes in unsettling whiteness rather than how to start a business. ainsley: all right, spencer. thanks for being with us. >> you thank you. ainsley: andrew mccabe has been on a media blitz all week slamming president trump. now one senator is demanding answers from him. u. will hear from that senator coming up next. plus, it is a video that will melt your heart. a soldier surprising his wife and newborn twins in the hospital. it's the whole family joins us live in the next hour. ♪ ♪ ♪ time for medicare, huh.

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♪ ainsley: "empire" actor jussie smollett is in police custody. charged with making false statements to police that could result in prison time. >> cost the city and cook county a fortune in resources. >> special counsel bob mueller's probe expected to wrap up as early as next week. >> he needs to bring evidence forward if he has any. steve: that american isis bride says i want to make mistakes. i want to come home. >> bottom line she did what is called levying war against the state. ainsley: kamala harris is joking about smoking pot. guess who isn't laughing, her own father. >> the pathetic pandering, is cringe-worthy even her own father is throwing her under the bus. >> a billboard is slamming alexandria ocasio-cortez for praising amazon's decision to

cancel the new york city headquarters. ♪ brian: look at the size of that studio. steve: you know what our lyle bill is? brian: it is huge. i'm paying. i'm on a plan. they do an estimate monthly. ainsley: they do offer that. brian: one thing they do about the place, minute you're done with the show they shut the lights. i walk in between "the five" and "outnumbered overtime." there is not a soul. they are doing a great job watching the light bill. steve: we're on between those two shows. between the "the five" and 5:00 and "outnumbered". brian: 5:00 at night, "outnumbered overtime" the place is empty. ainsley: they shut out the lights.

steve: "the five" ends at 6:00. and "outnumbered" end as 1:00. brian: from harris faulkner says to the time -- >> doesn't know the schedule and he doesn't know -- >> are you talking about "the story" with martha maccallum. ainsley: my gosh. [buzzer] ainsley: we'll hash it out during the next commercial break, when lights are on. can we talk news here. steve: that's right. we have a fox news alert. "empire" actor jussie smollett reportedly turned himself in at 5:15 local time chicago. there are reports he may have made a statement. he is currently being booked, having a mug shot taken and also fingerprinted. ainsley: not a good day for him. his arrest comes hours after smollett was named official suspect in the alleged hate crime attack against himself. he is charged with make r making false statements to police. that can result in prison time. brian: we'll learn more about

the charges in a brand new news conference coming up in two hours. matt finn live in chicago as smollett prepares to face a judge, matt. reporter: right after this report we are headed to that news conference. so we will bring you the details from chicago police superintendent more about jussie smollett's arrest expected to be revealed. jussie smollett is represented by three different attorneys including high-profile criminal defense attorney mark geragos. it is our understanding that smollett never responded to chicago police's final request for an interview they made last saturday. police took their case to a grand jury where they to the the felony charge approved and the ability to arrest smollett. smollett's attorney released a statement writing quote, like any other citizen mr. smollett enjoys the presumption of innocence particularly when there is investigation like this one where information both true and false has been repeatedly leaked. given the circumstances we

intend to conduct a thorough investigation and mount an aggressive defense. new surveillance video shows the two brothers allegedly carried out the hoax with smollett purchases supplies for the attack, including black masks and red hat which smollett reportedly instructed them to purchase. the brothers received some type of money from smollett not not narrative the public thinks. chicago police do not expect to charge the brothers. the brother's attorneys praised the chicago police meticulous investigation and says the truth will be revealed. >> this story has a lot of complications to it. we're not trying to hide anything from the press but we wanted to make sure that everything checked out. reporter: over the past few days we've been trying to figure out exactly where smollett has been. we have not been able to confirm that we obviously do know he is here in the city of chicago. he is in police custody. in a few hours he will be transported to appear before a

judge. brian, ainsley, steve. brian: what possible excuse could he possibly have for this? steve: thank you, matt. there is one story out of chicago he had made a statement to police when he was taken into custody. something i just saw said he had not. nonetheless when they have 10:00 a.m. chicago eastern time press conference i imagine that is when we will get word of any -- >> we will watching. >> we'll look at first mug shot. ainsley: we all want to know the truth. if this was really a hoax. if this is how horrific that would be. but something everyone is talking about. judge napolitano was on with us earlier, we asked do you think he was truthful with his attorney. he said i don't think so based on this. watch. >> cost the city and cook county a fortune in resources and money. i am going to guess he did not tell his own lawyers the truth. if he told his own lawyers the truth, there was a time, maybe, four, five, six, seven days,

they could have gone to the prosecutors worked out a deal. now it is too late. ainsley: no deal. steve: plus the big question, the brothers apparently told the grand jury yesterday according to "tmz" they had nothing to do with the letter. so who put together that hate letter that apparently arrived at the "empire" headquarters a week before this staged attack? the story is that he was so, jussie smollett was so disappointed it didn't get a bigger reaction, that is why they staged this supposed -- brian: series of some of the worst decisions you can possibly imagine it seems. meanwhile, about how it is handled. amazing how hopeful many in the media were this whole thing would end up being a anti-trump story that you could ultimately blame president trump for. listen. >> real distinction to be made here between a lot of local media in chicago handled this and the way the national media handled it.

local media in chicago did pretty well on story. the reason to them it was local crime story made into a big story by the fact we had a celebrity as alleged victim. national media i think looked at the story and decided it was a trump story because in the national media, particularly in washington there is only one story all the time and it is donald trump and to most of them it is donald trump and howful and dangerous he is. so any story that you know alleges that trump supporters have, you know, in the crudest and most bigoted way have assaulted somebody fits right into their view of trump and of his supporters. brian: right. it is amazing people segued, i've been watching other shows, even if this isn't true, doesn't matter, donald trump still brought hate in our country. really? we're taking a fake story and beating donald trump over the head with it. steve: there was rush to judgment initially and now a lot of those people who said it was one thing had to backtrack. ainsley: why would he do this? he is famous actor.

why needing interest attention. brian: he activist, anti-drummer obviously. 7 minutes after the hour. i couldn't believe this was true. hit the side of my ipad three times. ainsley: it is over. it might be over. first story in drudge, mueller probe to be wrapped up as soon as next week. steve: i think drudge attributed that to cnn at that point. it does line up, when you think about the fact we heard last week, last week or so rod rosenstein is going to step down. brian: out. steve: president has already going to nominate a guy, somebody from the transportation department. rosenstein said he would be there through the process. now what is curious, josh hawley, the new senator from the great state of missouri he heard andrew mccabe over the last week, talk about how he had a conversation with rod rosenstein how do we get rid of the president? should we do this? who is in on the cabinet we should talk to?

senator hawley sent a letter to chris wray, the fbi director, i need answers what is going on and i want the answers as soon as you can get to them. here is the senator. >> sounds like the to me the fbi doesn't want any oversight. the fbi didn't want to be held accountable and when the president and others tried to do so they retaliated against him. i want to know, i want to hear from the fbi, i wanted to know who launched the counterintelligence investigation. i want to know why, who oversaw it, i want to know now. we need oversight here. i have demand answers from the fbi and i'm willing to take whatever steps are necessary to get those answers. ainsley: mueller has to deliver the report to the new ag william barr. the report is not required to be made public. mueller is required to explain his reason for prosecuting or not prosecuting anyone named in that report. brian: there is a sense that mueller wanted his interview with the president. he got written questions. he will close it out for that. never looked for subpoena.

he had enough answers. the word is mueller team was looking heavily was there an attempt to obstruct this investigation between the tweets and what he has done behind closed doors. there has been 26 individuals who have been indicted for this. the russians are merv going to see any props wit. but for roger stone and for michael flynn they have been caught up in it. there is a sense now in washington as jonathan karl alluded to three weeks ago this will not be the smoking gun to take down president trump, if it is not, what are democrats going to do since they spent two years lauding and protecting robert mueller. ainsley: they will look at adam schiff's investigation to find something. steve: it was all about russian collusion. the people arrested, russian bot farm -- brian: arrested all the bots. steve: there was no russian collusion we've seen so far. we have to wait for the report. could come out next week. brian: i will try to get through that. ainsley: no more bots. steve: i think it will be very interesting. a lot of people won't accept it.

brian: i'm asked every day if i'm a robot or not in some form. i'm not a robot. ainsley: we need a awkward toss. steve: so, now before -- >> can't -- steve: before "outnumbered overtime" here -- jillian: i see where you both were going. let's get you caught up on the news we're following a coast guard lieutenant accused of plotting a mass domestic terror attack is due in court today. prosecutors say christopher paul hasan had a hit list of possible targets including democratic leaders and journalists. he also wanted to kill every last person on earth. the self-proclaimed white nationalist had 15 firearms and 1000 rounds of ammo in his basement in maryland. u.s. in conflict with disputed venezuelan president nicolas maduro. the feds are trying to figure out how to send food, medicine, hygiene products by tomorrow after maduro blocked

international aid. acting venezuelan president juan guaido pledged to allow supplies to enter the country. state state says he deck secretary of state mike pompeo will not run for senate. it is ruled out. i'm here. i'm loving it. >> the former kansas congressman was being urged run for senate by majority leader mitch mcconnell. long time senator pat roberts also a republican is retiring at the end of his current term. call him honest abs. this shirtless dad, the abraham lincoln boeing viral after some tweeted it, los angeles federal courthouse has a statue of abraham lincoln where he is shirtless junk stud suggestively tugging at his waistband like a "sports illustrated" swimsuit model.

the separation of shirt and state. really funny puns online. this is where the internet is at its finest. steve: honest abe. honest abs. ainsley: you see abraham lincoln's face. brian: he was good wrestler. don't know where he wrestled at. ainsley: he was tall. long arms? brian: we're not really sure. steve: 8:313 now. ainsley: the number is shocking. half a million illegal immigrants could cross the border this year alone. that is not even the scariest part. the brand new warning is coming up next. brian: alexandria ocasio-cortez protested amazon's headquarters. one times square billboard is calling her out. how the freshman congresswoman is responding. that story is next. don't blame me. ♪ and outdoor allergens.

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he joins us now. we focus on appreshuns and how many cross. how do we know what we don't know? >> that 500,000 figure doesn't necessarily mean the border. can include people that overstay a visa. at minimum, 200,000 people, more expected to do it this year, successfully, illegally cross the border between the ports of entry because we know it, because they show up in census data, some other data sources. there is no question about it. it is a pretty solid estimate. actually it has been true for a while. the number of people who get caught, also can give us insuit how big the number is. census data, number of people get caught, we have pretty good idea likely suck any cross the border. looking at 300,000 people

successfully overstay a visa. come in on a tourist visa, don't go home. that sort of thing. brian: where numbers trending? people say they are not trending as bad as president makes them out to be. they're going higher. what do you say to that? >> there is some evidence of level of illegal immigration was not as high as it was a decade ago. the last year looks to be pretty high. we don't have all the complete data for that. the year before that looks to be high. so here's the bottom line, and your listeners can decide, is it a crisis, how big of a problem? everybody agrees there are 10 to 12 million people living in the united states illegally. there are 17 million people here if you count u.s. born children. illegal immigrants and their children. 500,000 new people settle in the united states illegally each year. 200, 2,450,000 cross the border successfully. 200 or 250 to 300,000 overstay temporary visa. those numbers are enormous. maybe the way to think about it

is, the number of people settling in the united states illegally each year is roughly equivalent to the population of atlanta. these are big numbers. brian: big numbers and now there are more families. they're not from mexico. they're from otms, other than mexicans. which shows you something with the central and south american policy giving off mixed messages. we'll see. four democrats are going to the border to see if it's a cries or not. steve, thank you. >> thanks for having me. brian: many 2020 democrats have some far left ideas on their agenda but which candidate is the most socialist of them all? we'll be giving out trophies. our socialism scale is coming your way. plus it is the world's largest heavy equipment auction and it is happening today. jeff flock has a preview what is on the auction block. hey, jeff. reporter: right in the middle of it, i can almost not hear you because of the sound. look at all of this stuff. that is what they call a motor scraper.

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♪ brian: here we go. the world's largest heavy equipment auction is happening right now. ainsley: wow, look at that i didn't know this existed. thousands of people from all over the world come together down in florida. millions of dollars worth of equipment is up for grabs. brian: people got to buy it. jeff flock from our sister network, fox business. ainsley: that is so cool. brian: hey, jeff. reporter: it is. this is just incredible, if you were here, take a look at it, this is not of half it. there are literally thousands of pieces of heavy equipment, you know, everything from articulated dump trucks to bulldozers.

this guy over here, this is what they call, what is it, what do they call this? >> this is a elevated motor scraper. reporter: business is booming right now. the economy is booming right now. there is tremendous demand for this? >> absolutely. there are small and mid-size businesses love to take the piece of equipment, go to work with it tomorrow if they can. reporter: ritchie brothers do these auctions. this is the biggest in history. >> biggest in history. over 13,500 pieces. reporter: these pieces of equipment you build roads with, typically go half a million dollars? >> half a million dollars new. you bet. reporter: what can i get here. >> 100,000. 70,000. unreserved auction. reporter: no reserve on this? >> correct. every single piece. reporter: when the economy booms this is when -- >> these folks are clearly, very, very bullish about the economy. they're willing to go invest in equipment they can put to work next few years to come at least. reporter: chad, run with me over

here. i tell you, you can't believe this goes on for acres and acres. how many bidders and piece of equipment? >> we have 13,500 pieces equipment. we have 12,000 registered builders, equaled number of people last year. last year was 278 million-dollar sale. reporter: booming economy. booming business of auctioning heavy equipment. if you need a front-end loader i can get one for you cheap. ainsley: i need a forklift. brian, what do you need? backhoe. brian: i got plenty of backhoes. i have one of everything. but just going remind me to change the oil in them. good luck, jeff. ainsley: thanks, jeff. steve, isn't that the coolest idea? steve: that is cool, if you need heavy equipment. meanwhile talk about that guy right there, democratic socialist bernie sanders is officially running for the white house but the entire democratic party seems to be racing to the left with bernie. where do some of the candidates

and big government idea fall on our socialism scale? here to break it down, chris wilson, former campaign pollster for senator ted cruz down in austin. good morning to you. >> good morning, steve. steve: last time 2016 hillary clinton came close to. some democrats are racing to the left but nobody is really out bernying bernie at this point, are they? >> no you have to give bernie sanders for consistency. if there is idea that will drag america into mid 20th century european socialism he is for it. if there is not one out there for it he will invent one. when it takes over entire economy through green new deal, massive tax cuts, eliminating private health insurance and medicare for all it is really remarkable how far to the left he has gone. if you look at the way the entire democratic field is aligning themselves, they are walking right into what i think was the brilliant trap set by president trump during the state

of the union he made the call america will become a socialist country. steve: let's look at some of bernie's issues on a socialism scale. chris, as we look at the screen, far left is socialism and then you have bernie sanders standard. to the right is actually, since these are all democrats is the center and that is amy klobuchar. so you've got bernie on the far left, amy klobuchar in the center. closest to bernie, kamala harris, elizabeth warren, closer to klobuchar you have got cory booker. >> i would say klobuchar is interesting, interesting to watch as it works out in the debates, because she is trying to become what you would classify in the modern democratic party as a moderate. just four to six years ago we would consider that to be far left. doing that in manner not at all in fashion is incrementalism. i feel bad are to the staff.

build up a presidential campaign and build up a team, they will find real quickly there is not taste for that or appetite for it in the democratic party. look at other candidates, elizabeth warren, that is campaign i really believe is kind of almost still born, she can't rise in the polls in new hampshire, same media market as massachusetts. her signature policies regulating wall street are almost too moderate today, eat the rich has become their battle cry. look at other candidates fall in between, whether it is kamala harris trying to eliminate, all private health insurance, but at the same time she is, her policies tough on crime are closer to bill clinton than they were to aoc. she will have a tough time defining herself. steve: let's define their tax policy. once again, far left, closest to socialism is bernie. amy klobuchar in the center. then you got essentially the same line up in the center. kamala harris, elizabeth warren

and cory booker. >> what you will happen you will see them race to the top. how much of a percentage, almost like a bidding war. can we jump on top of each other. where it begins in 2017 or 2019, sorry. will be different in the primaries. that is where debates come down. saw that in the republican primary in 2016. you see the democrats do that as well. outbid each other who will raise taxes the most. steve: exit question. i heard last week or so a number of democratic strategists we're not really talking about socialism, we're talking about social programs. some people have equated social security with socialism. that is what the democrats say. what do the republicans say about that? >> i think again, it gets back to my original point, plays right into the hands of where donald trump set out in the state of the union to define this race. if the democrats follow the lead of their new hot media stars like aoc and race to the left and bernie sanders potentially,

good chance being their nominee, this become as campaign between capitalism and socialism. steve: es choice when people vote in couple years. chris, thank you very much. >> you bet. steve: speaking of the left's priorities elizabeth warren says forget the border, these are the real national emergency. >> let's do the list. climate change. gun violence. student loan debt. right off the top. steve: dana loesch says republicans should make an ad out of that. she will join us live from texas next. but with less carbon footprint. that's why, at bp, we're working to make energy that's cleaner and better. we're producing cleaner-burning natural gas. and solar and wind power. and wherever your day takes you... we have advanced fuels for a better commute. and we're developing ultra-fast-charging technology for evs..

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♪ ♪ working for a living ainsley: or maybe not. not working for a living at all, that is your shot of the morning. massive billboard in times

square slamming congresswoman alexandria ocasio-cortez. brian: says amazon pullout, thanks for nothing, aoc. paid for by the conservative group, job creators network. steve: they blame the democratic socialist for amazon canceling its new york headquarters which will cost 25,000 jobs, billions of dollars of economic activity in new york. she tweeted back, essentially this particular ad was being placed by some folks who are aligned with the president to try to make her look bad. let's go to dana loesch. she is a nationally syndicated radio host, the host of "the dana show" joins us from texas. what do you make of this billboard talking about how aoc helped derail the amazon deal? >> well the truth hurts, doesn't it. she is exactly responsible i think for this. that is why other lawmakers from the state of new york going at her as well. i talked to a lot of people up

in new york, recently, on my way to connecticut to speak at yale, i heard from a number of people that they were, i mean these are just working-class people who are upset with the tax revenue that is being lost because of her actions in this area. she, and she thinks it is because she was attacking republicans on twitter, people think i don't understand what i'm talking about, because you don't! she was actually tweeting that there is $3 billion sitting around somewhere that we, that new york was just giving to amazon. she has an egregious financial illiteracy problem. i think she needs to get a refund on her degree. ainsley: can you believe, she was celebrating? this is major company to bring billions of dollars. it can bring lots of jobs. she was celebrating that we lost the deal! >> yeah. a lot of good-paying jobs, 25,000 jobs coming into that area. and billions and billions of dollars of tax revenue. that would, you know, have gone

a long way to help restore and fix up the infrastructure that she was talking about. she said it wouldn't have been able to support that. that is, that tax revenue you're not getting was going towards supporting and assisting and you cost all of that for your constituents. brian: right. listen, when you have 200 city ies come beating for the same company. you have to sweeten the deal. some people were not happy. when you're corporation fastest growing in the world and they promise to come you have to swap to do this. they made a mistake not being more transparent with the negotiations. mayor de blasio blames amazon by the way for pulling out because of a little heat. they didn't need it. they don't need to be protested this should have been a trophy ceremony. instead of it was a protest platform. >> exactly. i completely agree with some of the criticisms on the negotiations as well. i don't like giving sweetheart deals to companies coming in while penalizing the companies

that have been there adding to the tax base for years, not giving them, these same opportunities. but, this is how the game works, until the game is changed. this is how the game works. they missed out on billions in revenue in the process. is it worth it? was it worth it for all the people in the end when you do the math? no, it wasn't. steve: she tweeted out after the ad, fighting dark money and anti-worker policy like billionaire funded groups blowing tons of cash on whack billboards. this is funded by the mercers who have been big supporters of donald trump. meanwhile last night, way past our bedtime, on late late show, elizabeth warren was talking about the president who declared a national emergency at our southern border, she regards these as true national emergencies. >> if you were in office what would, to you, what would constitute a national emergency? >> oh, let's dot list.

climate change. gun violence. student loan debt, right off the top. congress, the president, as a country, those are the things we should be working on. steve: dana, what do you think of her list? >> yeah, well, she is trying to be santa claus unfortunately and you know santa claus, well, that is just not going to work out. first off the national emergency, people can have debates on the merits of calling a national emergency, whether or not that is going to diminish the president's to use the option in the future but the fact remains, congress, again, also debatable whether they should be doing this, authorized this office back in the '70s to already do this. secondly, the secure fences act already started what she is now pretending to oppose currently. what a lot of democrats supported back in 2006. lastly, money was already appropriated for this particular purpose. so, you have a legislative backbone for what the president is doing. there is no legislative backbone to go and start undermining the

second amendment or giving everyone free college, free at the expense of the hard-working taxpayers. she doesn't have any basis in reality. this is why she is polling so low in her own area. steve: time to do some show prep for "the dana show." thank you very much. >> thank you, guys. brian: 20 minutes before the top of the hour. hey, jillian. jillian: good morning we're following a story out of california involves a suspect opening fire on a deputy turning a traffic stop into a deadly shootout. the dramatic body camera video may be hard to watch. >> shots fired. shots fired. shots fired. jillian: wow. the near lu released video, suspect haugh vary morales firing a gun at deputy riley gireki, before she fires back and kills him. the california deputy was not hurt. she is on administrative leave.

lawmakers narrowly voting a proposal out of the committee in the statehouse. abortion would be allowed for women who got pregnant after being raped or if their child had brain abnormalities. planned parenthood says they will challenge the measure if becomes law. the bill goes to the house floor for debate. samsung unveiling a new foldable phone but this one will cost you. the company debuting the galaxy fold in san francisco. it is a whopping $1980 for a phone. samsung says it can seamlessly turn from a phone into a tablet. comes in four different colors. the phone hits store shelves in april. olympics adding a brand new sport, break dancing. ♪ organizers for the paris 2024 games proposing idea. break dancing was part of the

youth olympics in argue, argue. surf boarding and are being considered for the 2024 games. olympic committee has until december of 2020 to make the final decision. if break dancing makes it i know, brian, you will win the gold. steve: at least silver. ainsley: i would totally watch it. wouldn't you? jillian: i guess. ainsley: i bet would do better than some other sports. what is one no one watches? brian: why get rid of baseball? jillian: i don't watch any of it. steve: they need more people to watch, no doubt about it. audience diminished. ainsley: they say people like to watch guidancers. brian: gymnastics good example. steve: "dancing with the stars." brian: that is better example. remember part of the wall beto o'rourke wanted to take down. there is group of migrants there. griff is live with the caravan next. ainsley: a video that will melt your heart. a army sergeant surprising his wife and newborn twins in the hospital. the family will join us live coming up.

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all come together. ♪ jillian: quick hollywood headlines for you right now. country star miranda lambert's new husband is getting so much attention it is affecting his job. nypd officer, brendan mcglocklin is taken off foot patrol. he went viral in 2015 for dancing at a new york city pride celebration. actor chris hems worth will play one of the most iconic prowrestling characters of all time. >> you shall feel the wrath of huck mania, this is where the power lies. jillian: he plays hulk hogan in a new netflix biopic.

he will have to put on a couple pounds for that. brian: will he play thunder lips? steve steve can't wait. brand new wave of migrants arrived at the border with the united states and mexico. they are waiting to some into the country. brian: they're camp the out near the same border potential 2020 candidate beto o'rourke plans to take down a fence if he becomes president. ainsley: griff jenkins is down in mexico with the migrants at the camp. the sun is coming up. reporter: the sun is coming up. we're in juarez across from el paso, 1000 plus caravan another one coming across mexico's southern border this is typical shelter. there is two in juarez. police are watching this one. we have video. it is same scene with crowded conditions. both shelters here are maxed out. let me show you the, what the numbers of what is happening in el paso this year. fiscal year 2019, they're up

478%. you have more than 43,000 apprehensions happening in the last five months, compared to just over 7,000 last year. that is going to be information that many house democrats will learn when they make a codel trip down to el paso later today. meanwhile we talked to one of the migrants named randy davidson. randy is very happy to hear democrats want to take the wall down on our border, but he is worried about a wall being built on mexico's southern border. listen. >> mexico is planning to build a wall. they are not going to be worried about it. reporter: you can't come back. >> i can't come back. guatemala is ugly like honduras. reporter: dhs secretary kirstjen nielsen by the way, made a trip to el salvador, to meet with honduras, guatemala, stem root

problem of all the caravans are coming. one thing for sure. they're not slowing down here. officials in juarez are not happy about it. guys. steve: can just imagine. griff, thank you very much. it meanwhile a surprise she never saw coming. an army sergeant from kansas nyes all the way home from kuwait to meet his wife and newborn twins in the hospital! the cooper family joins us live from the sunflower state coming up. 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. only when you book with expedia. uh, well, this will be the kitchen.

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are being targeted for cuts to their medicare drug coverage. new government restrictions would allow insurance companies to come between doctor and patient... and deny access to individualized therapies millions depend on. call and tell congress. protect medicare patients. stop cuts to part d drug coverage. >> eight minutes before the hour. we're awaiting a news conference in chicago where police will update us on the arrest of actor jussie smollett. we'll bring that to you live when it begins. president trump saying an alabama woman who fled the u.s. to join isis will not be allowed to come home. the attorney representing her will join us shortly.

covington high school's nick will his lawyer will join us live. big three hours on "america's newsroom." join bill and me at top of the hour. ainsley: new mom of twin girls burst into tears when a very special person shows up at the hospital. >> we'll get started already. okay? oh, my gosh. brian: army staff sergeant skyler cooper surprising his wife flying all the way home from kuwait to kansas. video going viral, with more than 8 million views. steve: of course you're watching it right now. this morning they join us on "fox & friends." army staff sergeant skyler cooper, wife cindy, their twin

girls, emma, kayla. >> good morning. steve: sergeant, how did you pull off the surprise? >> well, when i left kuwait, i had some equipment that i had to actually transport back here. so i didn't have the exact date i was going to be, i was going to arrive back in the states. without that information it was kind of easy to keep from her. ainsley: cindy, did you find out you were pregnant when he was in kuwait? did you go through the whole practicing nancy without him? >> actually never saw me pregnant. ainsley: what was your reaction? we saw your tears. what was going through your mind? >> i had been bouncing back and forth between -- we have go sons that are 3 and 1 as well. i have been bouncing back and forth. ainsley: wow, you have your hands full. >> so we, relief. probably. saw him felt relief and shock because he is usually can't do a

surprise. he managed that one. brian: he did. you were texting him at the time and, to your credit, cindy, you went two weeks early, right? >> yeah. they were born at 33 weeks. so quite a bit earlier. then he had texted me for an update, each day they give us updates on them. and, distraction technique. it worked. steve: sure, absolutely. give us update on the twins. how are they right now? i know you're still in the hospital? >> they're doing very well. we're getting a lot closer to going home, but they're right where they should be. we're not having any major health issues anything like that. ainsley: awesome. skyler, you don't have to go back to finish deployment, do you? >> no. they were able to get me, be mobilized and then home for good. so that, fine for my leave. i'm home for couple more weeks at least.

ainsley: they need to have mercy. y'all have four little once. how exciting. steve: sergeant, you're with the kansas national guard. what is your plan, now that you're home? >> i'm active guard. so once my leave is up, then i will just go back to duty at the junction city armory. steve: not too far from fort riley. ainsley: what a sweet, all american story. thank you for your service. the whole family. >> thank thank you. brian: the growing cooper family. thanks guys, appreciate it. steve: video seen close to 8 or 9 million times. >> look at that. you can watch it over and over. she has no clue he is behind her. ♪ steve: where have you been? ainsley: oh. steve: that's beautiful. ♪

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