lawmaker jumping into the debate, what about those who would like more maple syrup, better tea and free healthcare? most-watched, most trusted, most grateful you spent the evening with us, good night from washington. i am shannon bream. >> if i tell the truth than that is it. it is the truth. >> the story about being attacked. >> call me a [bleep] >> know which way you cut it. >> jussie smollett took advantage of the pain and anger of racism to promote his career. heather: what a week it has been. at 4:00 on the east coast, and empire of trouble. jussie smollett returns to the set of his head show after being freed on bond. the new charges he could be

facing in the hate crime hoax captivating the nation. democrats poised to challenge the president's national emergency declaration insisting there is no crisis at the border. why is border patrol ramping up security as a new caravan had their way? we are live on the ground with a look at the crisis. a new tax proposal has people in a is. "fox and friends first" starts right now. ♪ ♪ i got a feeling ♪ tonight is going to be a good night ♪ tonight is going to be a good night ♪ that tonight is going to be a good good night

♪ feeling ♪ heather: good morning. i've got a feeling today is going to be a good day because it is friday. here is a live shot of new york city. you are watching "fox and friends first" on friday morning. thank you for starting the day with us. it will not be a good night for jussie smollett. these are he back to work on the set of empire hours after posting $100,000 bond, facing felony charges for filing a false police report in an alleged hate crime hoax. mike tobin has more on why prosecutors believe this was a big publicity stunt. >> reporter: police in chicago say actor jussie smollett staged his own hate crime because he was unhappy with his salary. the empire tv star was charged with a felony for making a false police report, arrested and appeared in court. the judge did not mince words with jussie smollett calling it outrageous for conjuring up evil

from the nation's history, referring to the new style around his neck a terrific attack. he treat on $100,000 bond. prosecutors jussie smollett gave the brothers a check to carry out the fake assault, plus 100 for supplies like a rope and ski mask. they went over specific like what to say. >> he wanted the brothers to catch his attention by calling him and empire s empire in. >> reporter: and what to do. >> to place a rope around his neck, for gasoline on him and yell this is an aga country. >> reporter: they told police jussie smollett wanted to happen in view of a surveillance camera. phone records showed jussie smollett calling him the night of the effect. it is part of the state's case which can end with jussie smollett in jail. >> absolute justice would be an apology to the city that he sneered. admitting what he did. and then be man enough to offer

in terms of all the resources. >> reporter: jussie smollett hired high-profile attorney mike garrigus and is due back and forth -- back in court march 14th. heather: the father of the alabama isis bride suing the trump administration to bring her home. the family wants to affirm that she is an american citizen. after mike pompeo said she was not. she was born in new jersey but the government claims her father was a diplomat at the time which would bar her from american citizenship. she is begging to come back to the us with her son after joining isis in syria in 2014. a coast guard lieutenant accused of plotting a master mystic terror attack is behind bars. christopher will be held without bail for 2 weeks while the fed

investigate his activities. prosecutors say hassan is a threat to the community. after investigators found a hit list of possible targets including democrat leaders and journalists as well. the self proclaimed white nationalist stockpiling 15 firearms with 1000 rounds of ammo in his basement in maryland. happening today, live look at capitol hill warehouse democrats will introduce a resolution to block donald trump's national emergency. texas congressman castro is leading the push and hoping to get a vote by next month. house speaker nancy pelosi encouraging both sides of the aisle to back the resolution but some republicans say it is not likely. >> i have a funny feeling that they won't get all democrats to vote for it. there will be a lot who do want border security in this country and virtually no republicans. heather: democratic leaders will introduce a similar resolution

in the senate. we will have more on that as well. democrats making that push as thousands of migrants fled the southern border. right now agents are wrapping up security in el paso, texas, after a new central american caravan unloads in mexico. griff jenkins joins us live at a migrant shelter. good morning. >> reporter: i want you to see something. concertina wire directing the area were 600 migrants are inside. that is the same as the border patrol in el paso using along with k rail to harden the border not just at ports of entry in el paso but also all along this sector in the el paso sector which is points in between. they are doing that to prepare. part of the challenge is migrants have to wait. one man we met, josé, you see

his wristband, 6387. a long time to wait to be processed. will migrants get tired of waiting inches across illegally even if it wasn't their first intention? we sat down with the mayor and he said the people here are not happy about this flood of migrants. [speaking spanish]

>> reporter: i asked the mayor has he had any gay activity? he said not yet but in arizona cvp officials in tucson arresting and admitted ms 13 gang member with ten previous illegal crossing arrests. just unbelievable. mexico, people are talking about a homicide rate, in the entire country of mexico, january was the deadliest month for homicides on record with 2452 homicides. a tough start for the year for the people of mexico. and warez they are seeing a 6-year high. heather: we appreciate your coverage. round-the-clock coverage he is doing.

back at home the virginia house speaker is accusing democrats of refusing to investigate justin fairfax. the party is refusing to support a bipartisan panel to look at the sexual assault allegations against the lieutenant governor. some democrats are concerned it could interfere with possible criminal investigations. fairfax denied allegations against him. his accusers say they are willing to testify. the irs analyst charged with leaking bank records of donald trump's former personal attorney, john fry gave michael cohen financial information to michael avenatti, the attorney for stormy daniels, an agent from the treasury department caught him after fighting he repeatedly searched law enforcement databases for information related to:. if convicted he faces five years in prison and a $250,000 fine.

deputy attorney general rod rosenstein speaking out for the first time since announcing his departure from the doj. >> my time in law enforcement is coming to a end a lot later than i anticipated. heather: he is expected to step down after the mueller probe wraps up which could be as early as next week. donald trump will nominate deputy transportation secretary jeffrey rosen as the next deputy attorney general. north carolina will apparently hold a new election over concerns of fraud in a hotly contested house race. mark harris won his election in november by less than 1% but a political operative allegedly manipulated mail in ballots in his favor. the state board of elections unanimously voting to hold a new election after harris called for a revote himself. it is unclear when that election will be or whether harris -- and

israeli spacecraft is on its way to the moon to make history. >> 5, 4, 3, 2, one, zero. heather: space x blasting off from cape canaveral, florida, launching a privately owned spacecraft which could complete his real's first ever lunar landing. the falcon 9 also brought an asian satellite and experiments will spacecraft for the us air force into orbit. always cool to see that. the time is 11 minutes after the top of the hour. chicago's top cop slamming jussie smollett for wasting the police's time. >> jussie smollett paid $3500 to stage this attack and trash chicago's reputation in the process.

heather: how big a toll has this taken on the city? one anti-violence activist from chicago joins us live to weigh in. heather: great story for friday. perfect excuse to get called out of class. a soldier's surprise bringing tears of joy at one school. ♪ i am always walking around ♪ just waving out

>> empire actor jussie smollett took advantage of the pain and anger of racism to boost his career. bogus police reports cause real harm. they do harm to every legitimate

victim who is in need of support by police and investigators as well as the citizens of this city. heather: chicago's top cop slamming jussie smollett for damaging race relations and potentially harming others by stealing police resources. what toll has this case taken on the city? joining me from chicago is anti-violence activist peter harmon. thank you for joining us. we are looking forward to talking to you this morning. >> reporter: an honor to be with you. heather: i want to get your overall response, the different news conferences. you heard him speaking could. he was not happy about what jussie smollett had done. >> is making a good point but chicago police department leadership assigned 12 or more detectives to investigate the jussie smollett case. at the same time how many police

officers or detectives were assigned to baby chase's case, a one-year-old who got shot in the head. cara pose, miss october 2018. how many detectives were assigned her case? we have a young guy many years ago, demetrius griffin on the far west side of chicago, what about these unsolved cases out here? that is what the superintendent should be talking about as well. heather: you are talking about the crime stats, this shooting involving the one-year-old is so terrible. in the first 13 days from january 29th through february 11th. a total of 94 violent crimes. it took the resources away from real crime. >> jussie smollett is wrong for

staging his own attack, narcissistic and selfish. you have people working minimum wage who are not staging an attack because they are not making enough money so he is dead wrong and once everything is over with, the court proceedings, he should be made to volunteer with real victims of hate crimes, real victims of gun violence instead of exporting the situation. that is important for people to understand. heather: that is a very good idea and what i was going to get into next. what would bring justice in this case. is that even possible with the damage that has been done and what about a monetary settlement with the police department in terms of the resources that were used? >> as a community leader in chicago we plan to organize and pay more attention to the facts and we would like to know the real numbers. how many detectives were assigned to the other runs head's homicides. with the homicide clearance rate, one out of 5 killers, they only catching one out of 5 killers and more work needs to

be done on the front end. earlier on your show i want to say i want to make this clear, black death is a hustle in chicago. everybody's benefiting off of black death in chicago. time to bring a end do it. i say that because 85% of the killings and shootings in chicago occur in the african-american community and billions of dollars have been spent to deal with this problem but we have over 500 homicides every year in chicago for the last 10 years. time to stop playing games with the people. heather: that is a strong statement to make. do you think part of that is what jussie smollett used in order to have people so willingly believe him without knowing all the facts from the beginning? >> that is exactly what jussie smollett used. i have been -- i knew when i heard the story something was wrong with the story because

people get beat up for real in chicago, nobody gets pimps lassoed and where he got allegedly beat up nobody is homophobic in chicago. chicago has one of the longest lgbt queue communities in the united states. nobody's pouring bleach on anybody in chicago putting a new surround anybody's know. jussie smollett was dead wrong the way he premeditated what he did but he is taking the attention away from the real victims of violence in chicago. i agree with the superintendent when it comes to that statement. let's talk about how detectives are assigned to other unsolved murders. heather: i can tell you are angry too. apparently returns to be set at is saying he is innocent. thank you. the time is 20 minutes after the top of the hour. kamala harris splitting with democrats who want to tear down the wall. >> we can't have open borders.

we need borders, all nations do. heather: is she trying to play both sides of the fence? reaction pouring in on social media. she joins us. this isn't just any moving day.

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and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. heather: protection from spam, conservative censorship, after donald from junior called them out for blocking users. carly shimkus is here with the online reaction. he we go again. donald from junior -- heard from other people who say their

accounts automatically unfollowed him and they didn't know about it until they checked, we are not following donald trump junior anymore. a bunch of screen grabs say the action of liking his post was blocked. look at this reaction. taylor on instagram says this is crazy. stop blocking conservative voices. jimmy said i had to re-follow your account when i read this. i checked and i wasn't following you and then sam on instagram said this is the reason we need to move to alternative platform. instagram responded in a statement, the action blocks messages, we may take part in spamy behavior like most liking multiple posts. spam on into graham -- instagram doesn't make sense to me.

that question, it is pretty common for people to like multiple things on a person's page. heather: it is never -- >> spamy behavior explanation, if you recall, earlier this week trump junior said his post was taken and instagram said was a mistake. heather: i'm interested if that happened on anyone else's page that was not a conservative speaker or a conservative. >> good call on the other side if this is happening. tech industry leaders wind up on capitol hill. heather: kamala harris taking a shot at beto o'rourke. >> on the presidential candidates are sent to be candidates formulating their opinions crafting with their positions are going to be. she does not believe in open borders. watch this. >> we need border security, we

can't have open borders. all nations do. heather: beto o'rourke said he would tear down the existing wall in el paso. she different from him there. let's check reaction. her own status tearing down, governor once open borders, she's trying to play both sides of the fence and roger says can't have it both ways. show your support by voting yes for border wall in the senate when it comes up again. i don't think that is going to happen. i don't think she realizes open borders is a winning platform. heather: trying to gauge which one is the winning platform. this veteran -- >> posted on facebook, he lost his beloved military had on

spirit airlines flight. he asked people on facebook to share his message, spread the word hoping to get it back, did they deliver. the message was shared 320,000 times. and saw the post, return the hat to that veteran who wrote on facebook i want to thank everyone across the great nation for responding to the college heartwarming responses came from every state. america cares about her veterans. i thank you and spirit airlines from the corporate level on down. a happy ending. heather: every now and then it happens, great way to end it. thank you, happy weekend. the time is half past the top of the our. the father of the alabama isis

bride suing the trump administration to let her come home. does the family have a case? next guest breaks down the legal loopholes. talk about close call. a windshield blown to pieces by a wooden beam. how the driver managed to walk away from this one unharmed. ♪ a to spot downtown not back ♪ ain't a bar

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house democrats are introduce a resolution to block donald trump's national emergency. a texas congressman, joaquin castro, you leading the present hoping to get a vote by next month. democratic leaders will introduce a similar resolution in the senate. the father of the alabama isis bride suing the trump administration to bring her home. the family wants to affirm she is an american citizen after secretary of state mike pompeo said she would not. she was born in new jersey but the government claims her father was a diplomat at the time which would bar her from american citizenship. have they found a legal loophole to secure her american citizenship and allow her back into the country? jim hansen is conducting counterterrorism operations, joins us to explain. thank you for joining us. let's bring up as we begin our

conversation what her lawyer had to say? she publicly acknowledged her actions and accepted for sponsor whatever those actions, she recognizes that she has ruined her own life but does not want to ruin the life of her young child. >> no one should hold a henderson child responsible for the crime of the parents. but she has been determined to not be a us citizen not by the trump administration but the obama administration which revoked her passport in 2016 when they found her father was a diplomat at the time of her first so she has no us citizenship. the trump administration is affirming that, given her actions, providing aid and comfort to enemies of the united states during hostilities, makes her in eligible, we are not going to let her in. heather: the immigration and

nationality act does say a person born in the united states, credited to the united states as a matter of international law is not subject to the jurisdiction of the united states. that person is not a united states citizen. a discrepancy as to the month she was born. >> that seems kind of convenient that once she has already left and gone to join this death cult, they file paperwork saying i wasn't a diplomat a month before her birth. this is going to court and will be adjudicated and i hope they find she was never a us citizen but if they do find that she was, then i think the united states should file both treason and material aid and comfort charges against her. i can see her becoming one of the first female inhabitants of gitmo. it might be a good way to deter others from doing things like she did.

heather: we see pictures of her smiling, she and her child, she left the united states in 2014, mary to not one but three isis fighters. before and right after she left, social media sites, twitter included, these threats and statements where she challenged people to run over people in trucks, she challenged people to assassinate president obama. >> in 2014 if you found enough information to decide you wanted to join ice as you were well aware they were chopping people's heads off and burning them alive in cages. she knew where she was going and it is worth noting that president obama gave a hellfire missile for not much more than the threats she made on social media. she has committed terroristic

acts. whatever status becomes she either needs to go to jail for as long as we can put her in or better yet, never set foot in the united states again. heather: she says she thinks she needs therapy and that would help them. >> i am sure she could have therapy in prison if that is where she ends up and she needs it but that is not a correct punishment for someone who joined a homicidal genocidal organization like isys willingly. heather: we appreciate it and people are fired up about this. thank you. 200 american troops will stay in syria after donald trump withdraws forces from the war-torn country. the white house says the troops will be part of a small peacekeeping force and will remain in syria for, quote, period of time. donald trump announced his decision to pool 2000 troops from syria after declaring victory over isys. like father like son, the us is charging el chapo's sons with drug trafficking.

joaquin and a video guzman lopez are fugitives accused of helping for cocaine, meth and marijuana into the united states for the past decade. they are believed to be in mexico. the notorious drug lord father was recently convicted on similar charges and he faces life in prison. drug users could have safe places to get high and maryland. the first of its kind bill to create safe opioid injection sites on the table. the pilot program will let opioid users inject with clean needles near trained staffers. the state can he pass the same bill last year but later rejected it. what do you think about that? sugary drinks hitting a sour note in california. lawmakers are proposing a new soda tax meant to combat obesity which is considered a public

health crisis. the law would ban restaurants and stores from selling sugary drinks bigger than 16 ounces. it is not clear how much they would cost. connecticut is considering a similar law. the time is 20 minutes until the top of the hour. bernie sanders is part of the crowded field of 2020 presidential candidates on the left. what the party wants him to do to prove he is a democrat. damage control, nike has some explaining to do after the shoe blowout, less then a minute into the game. how much the shoe fail is costing them. ♪ no problem ♪ ♪ this is an urgent message from the international fellowship of christians and jews.

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we were paying an arm and a leg for postage. i remember setting up shipstation. one or two clicks and everything was up and running. i was printing out labels and saving money. shipstation saves us so much time. it makes it really easy and seamless. pick an order, print everything you need, slap the label onto the box, and it's ready to go. our costs for shipping were cut in half. just like that. shipstation. the #1 choice of online sellers. go to shipstation.com/save and get 2 months free. heather: bernie sanders expected to sign a pledge that he is running as a democrat in 2020.

the dnc introducing the candidate affirmation form in august after complaints the 2016 election when sanders fired hillary clinton for the nomination. despite being an independent. all democratic candidates will be asked to sign these new agreements. she once called the alleged attack against jussie smollett and attempted modern-day lynching a democratic senator kamala harris is reversing course. the empire actor is facing felony charges after prosecutors say he staged a hate crime attack in chicago as a political city stunt. jussie smollett and lawyers deny those claims. harris, the 2020 hopeful, spoke out saying this. i'm sad, frustrated and disappointed when anyone makes false claims to police. donnelly divers resources from serious investigations but makes it more difficult for other victims of crime to come forward. conservative leaders are demanding an investigation into

social media censorship. tracy carrasco from foxbusiness here to explain. seems like this is never-ending. >> reporter: the heads of a number of conservative organization sent a letter to attorney general william barr asking for an investigation into several of these online organizations. social media companies like facebook, youtube, twitter, because of the on growing social censorship. you can see in action here, during such a turbulent time in our nation's political system it is crucial you investigate how these social media/search media powerhouses wield their power to sway elections. the letter claims these organizations, quote, have a significant liberal agenda hardwired into their platform. we heard in the past these organizations like google, facebook, said they have no political leanings, but we have not heard any reaction from

them. heather: let's talk about reaction to this. it was swift. duke scar diane williamson, the shoe exploded on the court. >> reporter: that was insane to see but we saw shares of nike, the maker of that sneaker, falling more than 1%. analysts attributed that to williamson and what happened to him. the duke basketball star at heart nba prospect, we know nike has a reputation of sneakers and gear for athletes but this is really hurting its image. the nike in damage control trying to come back from that. in the after our, shares down. we are watching nike stock closely today. i don't know how that happened. heather: colin kaepernick's nike jerseys selling out so maybe that counters it. the time is 15 minutes before

the top of the hour and a new fight in florida against sanctuary cities. the new bill, the author of the bill joins us with why this is the only way to keep the public safely this gives new meaning to a face-off. the incredible role he just scored. ♪ ♪ hit me with your best shot ♪ so with xfinity mobile

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state senator who just proposed a bill to ban sanctuary cities in his state which we will talk about in a moment. thank you for joining us, we appreciate it. what is your take on what is going on at the southern border, arizona, new mexico, texas and what democrats are doing in terms of trying to block the president's emergency order? >> once again you have the democrats in washington dc playing games and it is unfortunate they want the president's doing is the right thing, it could be no surprise because this is what he said he was going to do when he was campaigning and he is doing the right thing for the american people because we have a humanitarian crisis. we have a national security crisis. building this wall in securing the border is the right thing. heather: you think he made the right choice in terms of declaring a national emergency in order to get it done? >> no question he is doing the right thing.

he expected congress to negotiate a little bit better. they've been dragging their feet the last couple years. even when the government shutdown they basically said they would negotiate a little more and he did the best job he could, had some victories with it but at the end of the day he is doing the right thing for the american people because we have ms 13 gang members coming in. we have 70,000 people die of drug overdoses in the united states last year. we have a free flow of drugs coming through the process. we have human traffickers coming over. we have to do everything we can to make sure we protect the american people and donald trump is doing exactly what he said he was going to do. he is doing the right thing to protect the people of the united states. it is all about public safety and common sense. heather: as a result of all of that, violent gangs like ms 13, drug traffickers, drug overdoses that happened as a result, that

is one of the reasons florida is taking a step toward banning sanctuary cities, requiring law enforcement to cooperate with federal authorities. >> goes back to common sense. my bill, what it does is those two things. it makes sure criminal illegal aliens are removed from the streets and number 2, it also prevents local elected officials from passing laws that prohibit cooperation with federal immigration authorities and laws. heather: we have that on the screen. cities could face fines of $5000 per day. >> this is another common sense bill. donald trump is well-liked here in florida. voters in florida appreciate, they are against illegal immigration. one of the reasons donald trump

did so well in 2016, the florida gop chairman, i will tell you the president has full support for what he is doing and we have a great governor in ron desantis and great leadership in the legislature and i fully expect this bill to go the distance this year. heather: read my mind. that is what i was going to ask you, if you will get pushback or if you think it will pass. >> over the past couple years, six years in a row this bill has been brought up. the last two years it passed the house. this is the first year in the state senate that move past the first of many. we have a governor in ron desantis that said he -- this is a priority. we have speaker a lever, president bill galvani know committed to the right thing. it is about public safety and cooperation. we have a local sheriff named tom night who has been using basic operating agreement and cooperating and this is not

about any country, immigration policies. this is about making sure we do the right thing. 504 locations in 25 states. heather: peeping people in this country safe and alive. thank you for joining us. keep us updated on what happened. the time is 6 minutes until the top of the our. a plot to torch a statue of robert e lee goes up in smoke when the vandals pick the wrong guy. heather: the perfect way to get called out of class, this soldier's surprise bringing tears of joy at one school.

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heather: look at these vandals. they need a history lesson. the statute this world war ii hero set on fire because of his last name. police believe the criminals confused them for general robert e lee. several hundred dollars worth of damage was done. a $1000 reward offered for information leading to an arrest. now it is time for the good, the bad and the ugly.

up first the good. a little boy gets called out of class for the best surprise ever. i love it. sergeant jonathan perez olivia very hugging his son for the first time in nine months. he is back home in texas after deployment to germany. now the bad. this wooden beam crashing through a windshield missing a driver by inches. you see it sticking out of the glass. this happened in new york city. the beam likely falling from the subway platform, fell on the passenger side so no one was injured. no one was sitting there. finally the ugly. this hockey player gets his head in the game literally. watch this. >> that goes in. heather: you see what happened? a puck hitting justin williams in the face before flying into

the net. the carolina hurricanes captain wasn't seriously hurt, went on to score another goal with a hockey stick. 4-3 over the panthers. new meeting for getting your head in the game. that wraps up this hour of "fox and friends first". have a great weekend. "fox and friends first" continues right now. goodbye. >> jussie smollett took advantage of the pain and anger to promote his career. this publicity stunt chicago didn't earn and didn't deserve. heather: it is friday, february 22nd. a whirlwind in the windy city where justice for jussie smollett is taking on new meaning, getting an ear full before heading back to the empire set. rob: could he faced new charges? we are live in chicago. the father of the alabama isis bride demanding his daughter be allowed back in the us.