his arms and carried her the rest of the way. at the top of the stairs she was grinning ear to ear. inspiring all of us to look around and see who might need our help, you are the midnight hero. most-watched, trusted and grateful you spent the evening with us. good night from washington, i am shannon bream. heather: it is tuesday, march 26th and this is "fox and friends first". at 4:00 on the east coast a new round of rockets launched into israeli neighborhoods overnight. we are live overseas, the bloodied conflict in gaza escalates, democrats demand to see the mueller report, republicans have demands of their own. >> i would like to find somebody to look into what happened with the fisa warrant. heather: in is special counsel could put hillary clinton's

campaign in the hot seat. up in smoke, the marijuana law that got shut down in a deep blue state. "fox and friends first" starts right now. ♪ ♪ ♪ heather: good morning, you are watching "fox and friends first" on this tuesday morning, thank you for starting the day with us as always, we appreciate it. fresh followed from the mueller report, william barr set to testify before congress as democrats demand more information. garrett tenney live in

washington where the fight is far from over. thank you for joining us. >> it is not over by a long shot. the attorney general will be on capitol hill before the house appropriations committee not about the special counsel investigation but a regularly scheduled appearance, you can be sure the russia investigation will come up. as congress returns to washington democrats made clear they plan to continue their own investigation is the president and to fight for the entire mueller report to be released to the public. >> i think the mueller report will clear the president. released the full report. >> in the oval office donald trump said he would not have any problem with the fool mueller report being made public. he and his supporters are also waiting on the results of two internal investigations which

could expose how the russia investigation began in the first place. >> a lot of people out there have done very evil things, bad things, i would say treasonous things against our country. why haven't they been looked at? they lied to congress, many of them know who they are. >> one of those investigations is by the inspector general, fox news is told that investigation is nearing its completion. the other internal probe looking at surveillance abuses by the fbi and doj. republicans complained that one is making little progress. >> a lot of other stuff going on behind-the-scenes, thank you so much. top democrats are vowing to widen the scope of their investigation into donald trump. >> we found questions whether he looked at the financial issues and even if they didn't rise to the issue of a crime it could

pose a compromise to national security. >> house intelligence chairman adam schiff dismissed calls by white house and republicans to step down. he claimed several times there was evidence of collusion which was not found by the special counsel. many say it is time to go back to the beginning. where exactly did the original collusion accusations come from? mark live in calling out democrats who want transparency for the refusal to get answers from hillary clinton and president obama. >> collusion between the democrat party and the media and the obama administration, hillary clinton has been silent for three or four days. barack obama has been silent throughout all this. from the talk of the democrats who run these committees they don't want to talk to hillary clinton or barack obama. they want transparency, i want transparency. is the impeachment clause of the constitution.

treason, bribery, other high crimes and misdemeanors. i can name people who committed treason, the high crimes and misdemeanors. is not in the white house. members of congress, big problem in this country, the democrat party is not a pro-american party. they lost in election, they want to destroy the president of the presidency. listen to the candidates. anti-american. anti-capitalism, anti-liberty, anti-security, anti-immigration. this is the problem in the media is their mouthpiece. >> attorney general bar told congress my that he nor rod rosenstein who oversaw the majority the russia probe could find sufficient evidence to charge donald trump with obstruction. some other news going on. tensions mounting along the gaza strip.

israel and hamas swapping rocket strikes overnight. benjamin netanyahu heading back home after cutting history to washington short. more on the escalating violence. >> good morning. we have been looking at footage coming from the region and it is not pretty. folks in the region on either side of the border between gaza and israel assessing the damage, a night of war. dozens of strikes, rockets and hamas organization in gaza towards israel countered by a bombardment by warplanes, the israeli defense forces that had a range of targets in gaza. most of the rockets fired at israel stopped short or were stopped by the iron down defense system but one got through hitting an israeli farmhouse north of tel aviv, 7 people were injured, 5 hurt. here's israel describing what they targeted.

a prominent hamas building used by hamas was targeted, alongside strikes, hamas is responsible for all events transpiring in the gaza strip and emanating from it. also a rush to the border afterwards, ground troops and tanks of the israeli forces. a cease-fire had been brokered between the two sides by egypt but that broke down and this all came from benjamin netanyahu as he noted in washington he was meeting with donald trump on monday, he did have to cut short that visit to head back to israel but he did have time for a few words of praise to donald trump and the united states. >> when we exercise our self-defense we've never flinched, you have always been there including today and i thank you.

>> benjamin netanyahu faces elections and two weeks. hamas has its own to mystic problems, perhaps the fighting will go on. shannon: thank you. back at home donald trump a major win in the fight for his border wall. the house is expected to fail to override the president's first ever veto and let the emergency declaration stand. it will allow the president to shift $3.6 billion from military construction projects to pay for the wall. in the meantime acting defense secretary patrick shanahan just approved $1 billion in military funding for the wall. he will testify before the house armed services committee. michael avenatti says he will be fully exonerated after being charged with wire and bank fraud. >> when it is all known when due process occurs i will be fully exonerated and justice will be done.

>> he is accused of threatening to use negative publicity to extort nike for up to $25 million. he thought facing separate federal embezzlement charges. of convicted on all counts avenatti could spend the rest of his life in prison. a live look at the capitol hill where the senate will vote on the green new deal today. majority leader mitch mcconnell pushing the vote forcing democrats to go on the record about the controversial climate change bill. democrats are expected to block it even though many of them say they support congresswoman alexandria ocasio cortez's plan. it calls for net 0 emissions in ten years by stopping things like air travel. the push for recreational pot in new jersey comes to a screeching halt. phil murphy delaying a marijuana legalization vote due to poor support.

he will keep pushing the measure which would have allowed anyone 21 and over to carry up to an ounce of pot. it would also expunge many pot related convictions. recreational pot is legal in ten states and washington dc. the time is almost 10 minutes after the top of the hour. a critical blow to obamacare, the trump administration's new move to kill the healthcare law for good and what did president obama know about the phony fisa warrant and when did he know it? those questions more important than ever is lindsey graham demands a new special counsel. will we get any answers? live, to breakdown what is next in the investigation. ♪

>> i would like to find somebody like mister mueller that look at what happened with the fisa

warrant and the counterintelligence investigation. a point somebody outside the current system, looking at these allegations. >> republicans demanding their own special counsel as democrats insist the full mueller report should be made public. will the american people finally learn why the probe was launched? senior legal fellow at the heritage foundation, thank you for joining us. you have joined us through the majority of this as it continued to unfold. what do you think where we are now and mcconnell blocking this from being fully released? >> he didn't have a choice and that. federal law prohibits grand jury information from being made published and if this report by mueller has grand jury information in it the justice department has to go through and

reject it. they have to look through it for anything that could affect national security or reveal intelligence methods that can't be disclosed. the justice department has to go through and take out materials like that which cannot be disclosed to the public. shannon: do you think democrats in their vote to release the full report and republicans, they intended that to be the case? were they talking about releasing it with everything? >> yes. they didn't have any limitation on it. the other thing that should not be released to the public are speculations, any kind of derogatory material and unproven accusations against individuals. that would be fundamentally unfair. anything that did not result in producing enough evidence to justify a criminal indictment, that shouldn't be released and it is going to potentially damage the reputation of individuals without them having the ability to say in a court of law this information is not true.

shannon: unproven accusations similar to what happened to donald trump for the past two years. >> and we should not let that happen to other individuals. mitch mcconnell did the right thing when he blocked the resolution to make the entire thing -- >> you just saying we will release this but protect any parts of it that would be dangerous to national security and everything you just discussed. >> exactly right. shannon: what about what lindsey graham said about the second special counsel? is that a good idea and with that get some answers in terms of what went on to begin with to start this investigation? >> we now know from this and the investigation chairman nunez conducted that it looks like the fbi had no basis to start this investigation. the only thing they relied on

was the unverified salacious steel dossier. we now know all claims in that dossier were not true. there was no collusion between the russians and the trump administration. we need to know was the fisa statute abused and was this a partisan investigation designed to go after the political opposition? is that the case? if so, we need investigation to determine that. shannon: how up the food chain does that go in terms of hillary clinton and her campaign? when did president obama know about this and his administration? what could be the repercussions for them? >> if it turns out the fisa statute was abused, if it turns out the fbi and doj had no basis to open this investigation the

individuals involved need to be disciplined, if they still work for the government, the potential for them to be criminally prosecuted and we need to know whether individuals in the white house and or other campaigns were involved in this kind of abuse of federal law. shannon: spying on another presidential campaign. shannon: we never had anything like that that we know of. of the 20 thank you, we appreciate having you with us. the time is 18 minutes after the top of the hour. beto o'rourke going back to the future for his 2020 run. who he just added to his campaign staff and hillary clinton speaks out for the first time since the mueller report revealed no collusion with russia but not what you would expect. that reaction and more coming up. this isn't just any moving day.

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>> you are watching "fox and friends first," mike pence slams 2020 hopefuls for skipping the pro-israel aipac conference. >> anyone who aspires to the highest office in the land should not be afraid to stand with the strongest supporters of israel and america. it is wrong to boycott israel and it is wrong to boycott aipac. >> kamala harris and beto o'rourke skipped aipac. mike pompeo call out democrats saying anti-semitism will not be tolerated. >> every decent human being has the responsibility to financially summit is in. it is an affront to religious liberty. >> his comments coming in the wake of congresswoman omar's anti-semitic remarks.

beto o'rourke for the former obama 8 can help him, jennifer o'malley dillon signing on as the newest democrat campaign manager, she's worked on 5 presidential campaigns and served as president obama's deputy campaign manager in 2012. o'malley dillon telling the new york times she believes o'rourke represent the next generation in leadership. >> michael avenatti, the once hopeful 2020 candidate best known for trying to take down donald trump now federally charged with attempted extortion claims. carly shimkus with serious xm 115 here with the online reaction. what a crazy day yesterday. >> michael avenatti has been released on $300,000 bond after

being charged in a case, federal prosecutors accused him of trying to extort millions of dollars from sports apparel companies in new york, in california he was accused of wire and bank fraud. a separate case. so he wrote a tweet last october saying donald trump junior will be in deitl before his next birthday. that we going viral after he was arrested and donald trump junior had a lot to say about his arrest, good news for my friend michael avenatti. if you plead fast enough you might share a cell with michael cohen. a lot of other critics celebrating news of his arrest on social media, when user saying this we keeps getting better and another twitter user says got to love the sweet smell of karma in the morning. michael avenatti was on twitter a little over an hour ago denying charges. he says i'm anxious for people

to see what really happened. we never attempted to extort nike and when the evidence is disclosed the public will learn the truth about nike's crime. of convicted on charges in california and new york he could face close to 100 years. his co-conspirator alleged to be the attorney representing jussie smollett, what is happening? >> it was quite a day. stormy daniels released a statement saying she's not surprised. shannon: let's talk about hillary clinton. ice kept scouring social media wondering will she respond to what is happening. he did but not really. >> he posted a tweet yesterday. everyone was wondering if she would post something about the mueller report findings which he didn't address that but her tweet was about climate change. she said two realities we must confront, climate change won't

just effect the coast, climate change is a national security issue but after this two your massive investigation the responses to that were ugly, when user says that in the mueller report and scott on twitter saying changing the subject from the real news of the last 24 hours of the clever but ineffective poor. one more tweet, two more realities you must confront, no collusion, no obstruction and the number 2, make america great again. trump supporters doing a victory lap. >> maybe the. don't talk about and it didn't happen. he wrote an article in the washington post. it comes as both of them and james comey has moved out of the woods that is hanging out by the ocean. there is that. the time is 26 minutes after the top of the hour at the pentagon approving $1 billion for the border overnight just as a new calf and heads for the us. brandon judd says caravans are

the new normal and he's live to explain why the funding is more critical i never. >> spring training, big scare, the star pitcher who stayed in the game after being hit in the head. - in a crossfit gym, we're really engaged

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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/tv and get 2 months free. >> look at our top headlines this morning at this hour starting with fox news alert, tensions on the gaza strip as israel and hamas launch a new round of rocket strikes overnight. israel attacking the office for the head of hamas in retaliation for a rocket hitting and is really home and benjamin netanyahu was in washington at the time.

he ended his trip early. attorney general william barr will testify before the house lawmakers two weeks before today is democrats demand the full release of the mueller report by april 2nd. white house and republicans celebrated total exoneration of donald trump, democrats claim that is not enough information. donald trump could get a major win today in the fight for his border wall. the house is not expected to override the president's first ever veto which will let his emergency declaration stand. patrick shanahan just approved $1 billion in military funding for the wall. he will testify today before the house armed services committee. brandon judd is president of the national border patrol council. thank you for joining us, we appreciate it. first of all your response to patrick shanahan saying, $1 billion for the wall, if that is needed? >> it is absolutely needed. if you look at the number of

drugs flowing into the united states, the deaths we have, migrant caravans coming to the border, what they are doing is thumbing their nose at our immigration and drug laws in the united states and unless we get a handle on this we will see an increase in these drugs and illegal aliens crossing the border. this is absolutely necessary and i applaud this decision. shannon: people who think this is not a wise decision says it is taking money from much-needed projects the military needs to get done. is a portion of the letter from senate democrats demanding answers saying we have serious concerns that political interference and pet project have come ahead of many near-term critical readiness issues facing the military but you are saying this is critically needed. >> absolutely. if you look at the department of defense they are the ones who analyze dollars and said this is

the amount of money we can use that they can get rid of, not get rid of but they can use for these projects that will help secure the american public. that is the point of the american government. to secure the public and insured safety and that's what this money is going towards so there is no pet project. this about the safety and security of the united states and the people within the borders of the united states that's the right decision to make. >> an example of this is the new migrant caravan that is sitting here. we can look at a map where they are located now. how many people are were talking about, 1200 headed towards our border. >> we are looking at caravan after caravan after caravan coming up to the border. what is interesting about this is because the left continually questions what we are doing on the border, cartels and

organized crime is dictating us immigration policy. this can't happen. we have to get together and say this is a crisis. more of a crisis in 2014 then when obama declared a crisis. let's get out of this and secure the border for the american public. we have spoken over and over again in vote after vote that the americans want a secure and safe border and that's what we are trying to give them. shannon: this $1 billion would go towards completing this 57 miles of border in these areas where it is needed. >> we talked over and over about give us physical barriers in strategic locations. let us dictate the flow of illegal traffic which allows us to be more successful in securing the border. that's what we are asking for and that's what they are giving us. shannon: talk about the increase

in the numbers of people heading here, the el paso border patrol sector had to temporarily close their check points because of the number of us i the requests being made. >> what we are seeing again is how cartels and organized crime i dictating immigration policy to the united states. they know all they have to do is flood our system and once they do that we shutdown critical operations such as check points. there is no foreseeable opening of these check points at this time. these check points could be closed for a long time and this is where we seized apprehend a great many of the narcotics coming into the state so what you are seeing is criminal organizations that are dictating to the us simply because the left will not get on board with what is needed to secure the border.

shannon: so there is no date to reopen these check points? >> as far as i'm aware there is no date to reopen check points because we are too inundated with the number of people in the processing centers which takes resources out of the field that are patrolling the border to secure the border. that's what is taking place. shannon: possibly something the acting defense secretary will mention when he testifies before the house owned services committee. we appreciate it as always. two men arrested and charged with the murder of an off-duty chicago police officer. authorities revealing officer john rivera was likely shot because he was hispanic was the shooter targeted the first hispanic person he saw after an earlier argument. rivera and three others were ambushed in a parked car hours after his shift ended. the 23-year-old died a hero shielding his girlfriend from bullets. secretary betsy devos launches

investigations into the college admissions can't, the education department looking at eight universities epicenter of the scam. the schools could face penalties if they are found to have violated any laws or education regulations. this as 12 of the 50 people charged in the criminal case pled not guilty before a judge in boston. they are accused of paying and accepting bribes worth millions of dollars, yale university has rescinded its admission to those who paid over $1 million bribe to get them in. the supreme court will hear arguments today in two landmark cases that could impact elections nationwide. at issue partisan gerrymandering in north carolina and maryland, democrats and republicans in both states are accused of rigging districts to create an

advantage come election time. in wisconsin and maryland last year they did not act. how about this? 2018 stanley cup chaps the washington capitals visit the white house, donald trump meeting with the team and sharing this moment with star player alex over chicken. >> he outscored every player in the league. that's not bad. 60 points off. >> not everyone took part in the white house celebrations, they cited disagreements with the president. the time is 20 minutes until the top of the hour. 37 indictments, 0 link to collusion. that is the mueller report opening the door for people to be pardoned. we will ask madison, an attorney working with trump campaign.

>> his credit card does this go on? you are never wearing those. over my dead body. my credit card won't work if i did. >> how it young is too young to have a credit card? the stunning number of eight-year-olds playing with plastic thanks to their parents. ♪ can't get you out of my head ♪ can't get you out of my head ♪

shannon: welcome back to "fox and friends first," 0 indictments linked to collusion many are wondering if donald from will pardon anyone connected to the mueller pro. you to weigh in from the trump campaign advisory board, thank you for joining us, appreciate it. as an attorney what is your opinion on this? is this a road we should go down? >> right now the president and white house said they are not sick considering that they've

talked about this but it is something a lot of people have been discussing, some are very frustrated feeling this isn't a representation of equal justice under law. many of these people wouldn't have been charged if it wasn't for their association with this president who is hated by so many but at the same time this president is saying he hasn't thought about this, he feels badly for paul manafort who used to work for him and is not considering a pardon. >> 37 people total in all, 6 of the former trump associates who have been indicted or pled guilty to something other than collusion, michael flynn, george papadopoulos, rick gates, michael cohen, roger stone, gerald flynn's name coming up a lot in terms of pardon. >> absolutely and that is one of the people people have been talking about like paul manafort that they feel deserve a pardon. the president isn't considering it, he's not pardoning michael cohen but if a pardon were to come along these are people who would be looked at. >> the special counsel

investigation we have been saying was over 22 months at a cost of $25.2 million in addition to that, 26 of the 34 people were russian nationals who were actually indicted and all of this. but the number of indictments about collusion still coming 20 no matter how you add it up. >> we had a house investigation, sitting investigation, fbi investigation and mother's report which is been released and then an absolute nothing burger. so many people including the immediate accused the president of committing crimes, collusion with russia, being an agent of the russian government, following accusations from this program and what is frustrating about this is that so many people in the media that oppose the president are not happy with the result, should be thrilled the president was not an agent of the government, that is horrifying for the nation so it is frustrating to see that going on post release of the findings of the mueller report.

shannon: let's listen to what they have had to say. >> this is evidence of willingness to commit collusion. >> so many connections. >> at the threshold of impeachment. >> may be the first president to face jail time. shannon: does the president have a defamation case against the media? >> i think he does. when it comes to defamation cases, there will be a higher burden of proof to prove there was defamation. i think the president could meet the burden of proof. will he soon? i'm not sure. no plans or information released on that but he has said since before he became president of the united states by the media and members of congress and so many people that appear as commentators on the liberal networks, very unfair, the coverage has been not only negative but not truthful.

shannon: damaging to the president, damaging to the american people for two years. we have been hearing about this in dealing with this and spending money on this when there were much bigger issues we could have been concentrating on. >> millions and millions of dollars, thousands of hours of manpower, fbi agents, nothing came of it. people across this country are very frustrated. they feel their taxpayer money has been thrown down the drain is what people thought this was witchhunt from the beginning, there never should have been a special investigation here. shannon: maybe the american people should get together and sue. shannon: time will tell. >> thank you for joining us, appreciate it, have a good day. 15 minutes until the top of the hour and obamacare on life support. the blow from the trump administration that could leave the law dead on arrival in court. 550 dead people paid $42 million, social security has explaining to do.

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was such an amazing reminder of all the love and support that everyone has for my dad. - [narrator] check out our huge selection of custom t-shirts and more, for teams, businesses, and every occasion. you'll even get free shipping. get started today at customink.com. >> welcome back. more rain headed to the midwest. they don't need this on the heels of historic footing, the extreme weather causing $3 billion in damage so far in nebraska. the governor calling this the most widespread whether natural disaster in state history. minnesota, the baseball field totally washed out. farmers are concerned how the weather will impact spring planting which could mean higher prices at supermarkets nationwide. an investigation underway into why the doomed viking cruise ship set sail in stormy weather

to begin with. hundreds of people were airlifted off the ship when intentions fail near norway. norwegian officials say there were storm warnings before the ship issued a mayday call, nine people in the hospital, one in critical condition. viking cruises is launching an internal investigation into what happened. the company has apologized. imagine being on board that ship. breaking overnight ethiopian officials say pulmonary report on the doomed ethiopian airlines crash is likely this week. american authorities are reviewing the way regulators greenlight new aircraft, the transportation department forming expert committee to examine faa safety approval procedures. this is just the latest sign of increased scrutiny after boeing's 737 max 8 jets were grounded following two deadly crashes.

purdue pharma has settled a lawsuit with the state of oklahoma, the drugmaker reaching a deal weeks before going to trial over the way it markets prescription painkillers, the terms are unclear but the state had been seeking $20 billion in damages, they are accused of helping fuel the opioid crisis which killed an average of 130 americans every day. the trump administration could soon a race president obama's signature accomplishment in the white house. tracy carrasco here with more on the legal effort to strike down obamacare. good morning. >> the trump administration and legal battle against obamacare is heating up, the department of justice announcing yesterday it is siding with a district court ruling that found the affordable care act unconstitutional. a coalition of republican states

brought a lawsuit arguing the entire law should be tossed out. the doj says this will stand as it works its way through the appeals court. democrats arguing this will have substantial consequences if the law is tossed out. shannon: we know a little bit about what apple is doing breaking into some new businesses. >> a major announcement from apple. it looked like a movie premiere unveiling their new streaming service called apple tv plus. a lot of celebrities on hand to promote their original content. oprah, reese with this man, jennifer aniston, steve carell part of new shows apple will be unveiling with the streaming service to compete with amazon, who, all of those, new content for kids, partnering with hbo and showtime, they will have live cable content as well. apple trying to step up their game. they also unveiled a new credit

card coming out this summer and a new subscription service for news like magazines and newspapers, that will be $9.99, rolling out later as well. investors not impressed by everything apple put out, shares of apple fell by 1.2% yesterday. shannon: a lot of side hustles going on for apple. thank you so much and we will be right back, stay with us.

>> the social security administration has paid out $42 million to hundreds of dead people. the office of the inspector general releasing audits showing countless improper payments made between the 1970s in 2016 in three states. at least one person has pleaded guilty to theft in relation to the fraud. millions of kids around the country have the power of plastic. >> his credit card did this go on? >> no, no, no, you're never wearing those, over my dead body and my credit cards won't work if i'm dead. >> 6 million american parent had children with a run credit cards according to a survey from credit cards.com. another study shows 13% invaded mine-year-olds have cards. what do you think of that? time for the good, the bad and the ugly up first the good. a student has a powerful violin performance, take a listen.

♪ the star-spangled banner] ♪ >> that young man receiving a standing ovation for playing the national anthem in the mississippi statehouse. now the bad. a variety worker punished after risking his life to save a cat named princess mama from the top of the utility pole. that man is suspended for three weeks for doing that, using work equal and to pull off the heroic rescue in maryland and finally, boston red sox's picture takes a line drive off the head. very spring-training moment that could have been a lot worse, he stayed in the entire game after

this and laughed it off. i don't know. hopefully gets checked out. that wraps up this hour of "fox and friends first," thank you for joining us, "fox and friends first" continues right now. have a great day. it is tuesday, march 26th and this is a fox news alert. rockets tearing through the night skies tensions on the gaza strip mount to dangerous levels. >> the white house keeps a close eye on an escalating situation. democrats demanding more answers from bill barr as the mueller report consumes washington. >> someone else is breaking her silence, hillary clinton's response may not be what you are hoping for. the video that will have you on the edge of your seat. >> a second rescue from a fast acting hero. "fox and friends first" continues right now. ♪