interstate in broad daylight. she pulled over to catch her dog which escaped from her dog which for some reason she was driving naked with. and don't ask us. we just report it. jillian: have a good day. ♪ >> all charges dropped after jussie smollett cleared in the alleged hate-crime hoax. why? >> what jussie smollett did was a complete and total betrayal of the conscious of our country. >> this is a white wash of justice. >> do you think justice was served? no. >> it will be weeks, not days until the version of the mueller report was sent to congress. >> i think what happened was a disgrace. i don't believe our country should allow this ever to happen again. >> if the republican party had hired a foreign agent, there is no way in hell the media would give the republican party a pass. >> a record 3700 apprehensions along the southern border in just one day. >> the green new deal. >> is dead after it didn't get a single vote.

>> under the green new deal effective air plane prohibition. >> this is probably hawaii's best bet 20-foot impressive sea horse. ♪ nothing i can see when you dance, dance, dance. ♪ creeping up on you so dance, dance, dance. brian: actually i was just humming. this actually i was never humming this. steve: is this the theme song to kaua quaw aqua man. steve: he showed up on the floor of the senate yesterday with mike lee. ainsley: that's right with the green new deal. steve: lead story of the daily news. junk justice. we are talking about jussie smollett and white wash of justice the "new york post" said. this in response to the fact that the cook county attorneys and the prosecutors dropped all 16 felony charges against jussie smollett yesterday in a hastily announced press

conference. brian: you think it was. steve: he was agreeing to forfeit his $10,000 bond. he performed two days of community service. some on saturday. some on monday. as soon as the community service was done, it was time to announce that he was off the hook. ainsley: 16 felony charges dropped. sealing the case so we really won't get answers to any of our questions. have to do 16 hours of community service and he doesn't get his $10,000 back from his bond money. brian: here is what she says this cook county state's attorneys office. after reviewing all the facts and circumstances of the case including mr. smollett's volunteer service which must have been exhausting in the community and agreement to forfeit his bond to the city of chicago, all of $10,000. we believe this outcome is a disposition and appropriate resolution to the case. congratulations. you're an army of one because almost nobody else agrees or can understand this. ainsley: you might wonder how this happened. apparently according to reports he has family

connections. the prosecutor had to recuse herself who works there the state's attorney she had to recuse herself because she was iteming with the family. iteming with michelle obama's former chief of staff trying to get the fbi to take over this investigation. steve: she recused herself but not her office. ainsley: her administration. steve: the first assistant states attorney who announced the charges were dropped a fellow by the name of joe maggots. he admitted that he does not believe that jussie smollett is innocent. he says he dropped the case because the actor has no criminal background and because he did the community service. nonetheless, top cop in chicago and the mayor are horrified. >> do i think justice was served? no. where do i think justice is? i think this city is still owed an apology. it chose to hide behind secrecy and broker a deal to circumvent the judicial

system. >> this is a white wash of justice. you cannot have, because of a person's position, one set of rules apply to them and another set of rules apply to everybody else. this is a person now who has been let off scot-free with no sense of accountability of the moral and ethical wrong of his actions. brian: by the way, in chicago, which is overridden by crime and killings and unsolved murders, this does not scale in importance but it does scale in terms of impact. because it shows that people can get away with anything. not one person that i know of actually believes this guy's story. and he appropriately is seen walking out free. this is the most egregious thing that he said yesterday, jussie smollett. i would not be my mother's son if i was capable of one drop of what i have been accused of. i am a man of faith. so he just tripled down on the horror of which is his character. or lack thereof. ainsley: a lot of people are

saying if you are famous. if you know certain people, you can even get out of crimes. many people are appalled by. this including the police chief. the fraternal order of police as well he says the union is calling for fox, for the prosecutor, for the head state's attorney to be investigated now saying recusing herself but not her administration is a distinction without a difference. what underling is going to go against their boss' wishes? steve: gianno caldwell has ties to chicago. and said this last night on the channel about the betrayal of the consciou. connell: machines of our country. >> i come tonight as blackness in the city of chicago very heavy heart. the fact that he used a symbol of hate, a noose. knowing the dark history that our country has when it comes to slavery and racism. the fact that he would look to manipulate the emotions of african-americans across this country. the fact that he was looking to ratchet up the vitriol of white americans and black americans against each other no matter what the political

party is not only disturbing and atrocity, but the fact of the matter is the state's attorney also helped with that she aided and abetted this case by dropping it. steve: he is off the hook locally. however, remember, he could still face federal charges. the fbi and u.s. postal service looking into whether or not he mailed himself some of those hate messages. brian: yeah, he did. steve: he is alleged to have u. brian: mueller report really great news great news for the president of the united states. came out the summary was released four pages. we believe the report is tens of thousands of pages long. the summary of the tens of thousands of pages is 700 pages long and it will take weeks, not months according to the attorney general to go through it and to decide what to be released and what to be redacted. and what is grand jury testimony that cannot be put out. it didn't stop the president of the united states yesterday saying this was great news for me. >> the mueller report was

great. it could not have been better. it said no obstruction, no collusion. it could not have been better. they and others created a fraud on our country with this ridiculous witch-hunt. i think it went very high up. i think what happened is a disgrace. i don't believe our country should allow this ever to happen again. this will never happen again. we cannot let it ever happen again. it went very high up and it started fairly low but with instructions from the high up. >> [inaudible] west wing of the obama white house. >> i don't want to say that but i think you know the answer. steve: sounds like peter doocy was working at the capitol yesterday. the president echoing what heard from many solve his supporters rudy and huckabee that it goes right to the west wing. the original start of the investigation into the trump administration. brian: james clapper said it to anderson cooper that president obama deserves credit for launching this investigation. it's on camera. ainsley: the president

saying this shouldn't happen again. many of you agree that this never should have happened. two years have been wasted. if you don't want this to happen again, you have to go to the top. you have to find out how this all happened in the first place. the president wants it investigated. republicans want it investigated. lindsey graham calling out the democrats for the double standard. they don't want to look into the origin of the russian probe. listen. >> all i can say to my democratic friends, if the shoe were on the other foot and to the media, you would be burning this place down. the double standard here just is to high heaven. there's no way in hell they would give the republican party a pass if we did exactly what the democrats did here. hire a foreign agent to produce a dossier against them that was a bunch of garbage. brian: i want lindsey graham to do it. i don't want a special counsel to do it. let them do it out there because we need to find out what happened from papadopoulos to carter page to general flynn. their lives have been ruined because of this probe that

was launched and people caught in ancillary investigations. steve: they don't have to launch any more investigations because there are two more going on behind the scenes john huber who has been called up one of the urs attorneys in utah. he is working on the case and so is the inspector general of the department of justice and by the grace of god they have for months been trying to connect all the dots. brian: if it wasn't for horowitz we never would have gotten those text messages. i believe in him john huber is skiing somewhere. steve: we don't know what he is doing. brian: that's too bad. we want an update. steve: we don't want a leaky department of justice u. brian: i would like someone to conclude. it would help. short amount of time before we get rid of planes, cars and cows. finally a vote was taking place yesterday please let them pass the green new deal. what happened? ainsley: it goes down in flames. it fell flat. aoc's green new deal. the first real test. the vote, look at it 57 nays. 43 present. they don't want to go on record. some were co-sponsors of the

bill but they voted present. brian: gutsy. steve: every democrat in the senate running for president was a co-sponsor of it and keep in mind, the nays were actually bipartisan. it was every republican and a number of democrats and independents including angus king the independent of maine. you have joe manchin the democrat of west virginia. doug jones in alabama and kyrsten sinema. brian: good moves for them. steve: they all said not a good idea. the democrats said this was a stunt to divide the democrats. schumer called it a sham. the democrats wanted to call in experts to show essentially that, you know, this whole idea of aoc's is a good one but that didn't happen. instead it's just a vote. all the democrats wound up killing the green new deal in the senate. brian: senator warren compared it to going to the moon and kristi kirsten gillibrd says we need to pass a brand new jill should be moon shot. they both talked about 1969.

ainsley: what does that tell you? they have the same talking point they are told what to say. brian: they love the moon. steve: the administration announced we are going back to the moon in four or five years. brian: good day for the moon yesterday. congratulations moon fans. steve: jillian joins us at 6:11 a.m. eastern time. jillian: who doesn't love the moon, right? brian: it's our only moon we better embrace it not like jupiter who has a bunch of moons. jillian: get you caught up with this story. the man charged with jamie foxx and murdering parents is expected to plead guilty today. jake patterson admits to breaking into the family's family home killing the couple and taking 13-year-old captive back in october. jay jamie he is cased plead guilty to avoid a long trial. if convicted he will spend life in prison. violence intensifying near the gaza strip as will will hamas 4578sz new rockets.

israeli army carrying out 15 airstrikes on hamas targets more troops are now headed to the border. prime minister benjamin netanyahu vows to do whatever it takes to protect his people. president trump normally nominates jeffrey rosen to be the next deputy attorney general. rosen is currently the deputy transportation secretary and will need senate confirmation for his new role. a long-time litigator has ties to attorney general william barr and once served in george w. bush's cabinet. deputy a.g. rosenstein oversaw the mueller probe and expected to leave the doj some time soon. how can you forget? you are a member of the outrage over this huge play that determined which team advanced to the super bowl? nfl owners just agreed to make pass interference reviewable after the saints rams controversial no call that people still are not over. the league will also allow coaches to challenge noncalls for interference.

the rule would have likely changed the outcome of the nfc which sent the rams to the big game. what do you think about that? brian: i think it's good. it's going to delay the game a little bit. it's hard to not. ainsley: some good came out of that. brian: right. unless you are a saints fan. steve: jussie smollett the actor says he is innocent. >> i have been truthful and consistent on every single level since day one? i would not be my mother's son-in-law if i was capable of one drop of what i have been accused of. steve: well, one former chicago cop not buying it you will hear from him next. brian: plus, celebrity attorney michael avenatti says he did nothing wrong but is he still scared he might spend the rest of his life in prison. the new interview coming your direction. ♪ time for me to fly ♪ ♪

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served? no. this is a white wash of justice u if you are in a position of influence and power, you will get treated one way. other people will be treated another way. mr. smollett is still saying that he is innocent. is there no decency in this man? this mr. smollett who committed this hoax, period. steve: hoax, period. former chicago police officer and founder of seven star consulting dmitry roberts joins us now from d.c. dmitry good morning to you. >> hey, steve. steve: the guy who dropped the charges jay maggot said i do not believe he is innocent. if he was charged with 16 felonies and the cops said they had overwhelming evidence including those brothers why did they drop the charges? >> it's obvious that due to his political ties and due to the nature of this case and the national attention that it's gotten, it's caused some pressure in their office and unfortunately they have just

made the wrong decision on this one. steve: so what happens next? when you say because of political ties, and we have heard ainsley was talking a little bit about how this goes through the state's attorney who recused herself and there were some text messages or whatnot with michelle obama's former chief of staff, it does look political. >> absolutely. there's no doubt about that. the right way to further have handled this situation was to continue to push for the fbi to pick up this case. it was the right thing to do in a situation where hate crime is present. and more so when you have a witness or somebody, a victim in jussie smollett's case that turned out not to be a victim but has also proven a lie over and over again. there is one thing that's right. he has been consistent about lying about his particular position in this situation. steve: well, and the deal was and apparently it's an informal deal. it was never written down. people are denying that there was even a deal.

apparently he did not -- he was not required to admit that he did anything wrong. and then they immediately sealed the case so nobody could talk about it. >> well, of course. because everybody wants to cover their behinds if you will and make sure that this doesn't come back to bite them later. there is a lot of political ties in that city and obviously to this case. and unfortunately, you know, i don't agree with a lot of things that rahm emanuel says but a white wash of justice is very appropriate. and as my good friend gianno caldwell said last night i'm also a black man in chicago. this is not just a knock against our community but a knock against folks that have worked very hard to even have the opportunity to speak up against these crimes. steve: a lot of people are scratching their heads today trying to figure out what was going on behind the scenes. you say it's political and that is unfortunate if true. dmitry infantry thank you very much for joining us on this wednesday. >> thank you. steve: meanwhile beto o'rourke wants to give up being your president.

not giving up on russian collusion thing. >> you have a president in my opinion beyond a shadow of a doubt sought to collude with the russian government u. steve: what do the voters think about that? lee carter put that to the dems and the dials, next. from the first loving touch everything that touches your baby should be this comforting

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parenthood plan to sue the state. unless the prompter is broken i'm out of stuff. ainsley? ainsley: thanks, brian. the long awaited mueller report finding no evidence of collusion, right? some democratic hopefuls already seem to have made up their minds. joining us now with brand new dials partner and president at imagine alan meland partners. ainsley: watch this at home and watch the dials and see how people reacted. >> you have a president who in my opinion beyond a shadow of a doubt, sought to, however ham handedly collude with the russian government, a foreign power to undermine and influence our elections. >> usually beto tests off the charts. not so much here. democrats gave him a b. independents a d and republicans an f. a lot of people felt this was a stretch. ainsley: why did democrats even give him a b though

when proven there was no collusion. >> they still believe it when they get the full report, there is going to be something in there. ainsley: bernie was in san francisco, california, he wants to see the whole report. watch this. >> what i know is that it is a summary of the report. well, i don't want a summary of the report. [cheers] i want the whole dam report. [cheers] because nobody, especially this president, is above the law. >> you can see there democrats really by the end of this a minus. independents a c and republicans a d. the thing that's so interesting democrats want to see the report. republicans do, too. they believe there are going to be different outcomes. democrats believe they're going to find something in there. ainsley: everybody thinks that sound bite was pretty funny. that scored well with democrats because they like the way he delivered it and used that word. kamala harris if elected she will prosecute the president, she says. watch this.

>> i think people are going to want and look to who has a demonstrated ability to be a fighter and to be a fighter for the people. i have done that work. i also believe that what voters are going to want, they are going to want that there is someone who has the proven ability to prosecute the case against this administration. >> yeah. >> and this president. ainsley: prosecute the case? >> fascinating. democrats a c, independents a d and republicans an f. someone to prosecute the president. people want a fighter for the people. as soon as you talk about that she lost voters. ainsley: i definitely wanted to get to this one. odd cory booker talking about if he became president he would not pardon the president? how do you pardon someone when there is not a crime? watch this. >> would you consider pardoning of trump if you took the presidency? >> no. this is why our justice

system has lost so much legitimacy because as brian stevenson says we have a criminal justice system that treats you better if you are rich and guilty than poor and innocent. a whole bunch of people if i'm president that i'm looking to pardon or who are being punished unjustly in this country. >> you know what? i am shocked. democrats gave this an a minus. independents and republicans both gave it a d. overall what are you pardoning? not been convicted of anything yet. that's preposterous. there is a move and sentiment unfair tilted toward people with privilege. that's tilted somewhat favorably. to say the notion he was going to pardon the president. ainsley: chris matthews supposed to answer that question no i wouldn't -- he has to say no, i won't pardon the president. it was not a fair question. >> it was not. ainsley: thanks so much, lee. thanks for being here. >> great to be here.

ainsley: crossings now at 1-year high in single largest group in one day was just captured. tomi lahren wants to know why democrats still won't call it a crisis. she joins us next. and, now, stepping up to the plate, baby shark. ♪ baby shark ♪ ♪ trelegy 1-2-3 trelegy with trelegy and the power of 1-2-3, i'm breathing better. trelegy works 3 ways to... ...open airways,... ...keep them open... ...and reduce inflammation... ...for 24 hours of better breathing. trelegy won't replace a rescue inhaler for sudden breathing problems. trelegy is not for asthma. tell your doctor if you have a heart condition

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♪ what if i fall ♪ i won't let you fall ♪ what if i cry ♪ i'll never make you cry ♪ if i get scared. brian: australia's own keith urban. thanks for joining us, keith. ainsley: great concert. he is in your area go to his show. brian: he needs money. he looks homeless. ainsley: bought his gas or something? steve: i think he is probably spending a lot on that look.

let's bring in tomi lahren one of the fox nation hosts she joins us from the west coast. tomi, good morning to you. ainsley: good morning. >> good morning guys. happy wednesday. steve: thank you very much. of course, california front and center with the immigration debate. we have got a couple of figures to site. on this past monday according to the border patrol people 3700 migrants apprehended at our southwest border on monday, which is extraordinary. and by the end of this year, they are predicting that they will have apprehended 1 million people trying to get into the country. your observation? >> well, it's absolutely unacceptable. you know, as ainsley said, going into the break, the reason that the democrats refuse to call this a crisis is because they don't see it as a crisis. they see it as an opportunity. they see it as an influx of new dependents. new voters, new supporters. and this is something that they are banking on. meanwhile you have got our president who is doing

everything that he can going to great lengths to try to secure our border to keep us safe, to keep the integrity of our country and maintain that. then you have the democrats that look the other way because quite frankly they want this to happen. they are celebrating these surges in illegal immigration numbers. ainsley: democrat wins in 2020 what does the situation look like? >> well, i mean we already have potential candidate such as beto real name robert o'rourke who says he would take down border where it already exists it's obvious if a democrat wins in 2020 which we can't let happen. not only will they make it easier for illegal immigrants come into this country they will provide perks and incentives to do so. already bad because of the situation we have now. we have a commander-in-chief and president who is dedicated to border security. imagine if we had a president in 2020 and beyond who didn't care and actually encouraged illegal immigration. that's this is why it's so important that we get the wall built. so important why we get out

and making sure we are geared up and ready for 2020. it's going to be a fight but one we have to fight for the sake of this country. brian: you look at some of the democrat senate seats, republican senate seats occupied by democrats like the one in alabama. he can't afford to vote against something like this. so the president got 55 miles of wall done. permission to do yesterday. he got another billion dollars. his veto was sustained. so, it was not overturned in the house. so he got some -- he got some good news. we know on your series what a problem is at the border. one of the big stories is how many being let go once they are apprehended because we have no room for them. 1,000 were let go into the infrastructure of the country interior of the country because there is no room at the inn or the facility to house them anymore. they get a ticket and told to show up again. >> worse part is that the democrats don't look at that as problem. if you will remember when they were negotiating on wall funding back before the emergency declaration and all of that the democrats were actually saying that they would like fewer beds.

fewer beds and detention centers. why is that? because they want more of these illegals to be released into the shadows of this country to become new american citizens in the shadows and that is also problematic. we need to call democrats to the carpet for what they are doing and the american people cannot be really taken for a ride on this anymore. steve: speaking of problematic. we feel this could be the most talked about story of the day. reddit has a forum online where people ask did i do the right thing or the wrong thing? this woman who just got married wrote this: the son of one of my husband's family friends showed up to my wedding in his marine formal wear complete with all his medals now i have nothing against anybody in the military but this was a black tie optional wedding. and frankly it felt very out of place and it seemed like he was just trying to show off. my wedding had over 300 guests and nobody else felt the need to wear something to make them stand out. and, tomi, apparently the guy was a perfect gentleman and, in fact, a number of

people wanted to take pictures with him and thank him for his service. but apparently the bride thought too many eyes on him. >> well, i imagine this is probably a millennial bride and just like any millennial bride she doesn't want attention to be taken away from her for a single second. the fact that he wore his uniform and proud to wear that with his medals yeah she might have seen that as a distraction. many people including her own wedding guests seemed to appreciate it appreciate his service. it is sad that she can't do the same. again, i think this is less about disrespecting the military and more about a selfish probably millennial bride who wanted all the attention. she couldn't stand having a war fighter taken away from her from a single second. pretty comical, actually. steve: the whole point of having a dress code at a wedding so that no one guest will stand out too much. except, of course, the bride and the groom. >> well, you know, she said it was black tie optional for someone that i believe this gentleman was in the marine corps for someone

that's in the marine corps to wear their dress uniform that is black tie optional for many in the military. so, again, maybe she needs to be better educated. wish her the best though. she sounds like she is going to be a lovely wife. brian: if you want more of tomi, check out the fox nation app. you see her all over the place including at the border. >> absolutely. ainsley: thanks, tomi. steve: ing you what do you think about the bride who kicked the guy out. email us. ainsley: unbelievable. you fight for our country, you can wear that uniform anywhere you want. steve: just not at that wedding. ainsley: it's unbelievable. steve: it's 21 minutes before the top of the hour. jillian joins us now with the news. jillian: update on a story we ehave been following for awhile. the family of kate steinle shot and killed by illegal immigrant barred from going forward with wrongful death suit. the ninth circuit of appeals ruling that the sanctuary city of san francisco can't be held liable. this despite the city refusing to tell ice about her killer's release from

custody months before her death. a jury acquitted the five time deport ye o deportee aftere claimed the gun went off accidentally. calling out two basketball players after he was arrested for trying to extort nike. while he says he did nothing wrong he admits out idea of going to jail is scary. >> i am nervous. i'm concerned. i'm scared. i feel terrible for my family. jillian: avenatti two players and tweets after a scandal involving nike. a man caught on camera stealing a massive wooden cross from the church. the church was kept in a special place with a small lock since the priest never imagined someone would take it. >> not angry about it. it is sad that this happened. we pray for the man who took it. jillian: california police are searching for the suspect. well, this baseball pro-is hitting it out of the park

with his youngest fans. listen to his new walk-up song. >> andrews. ♪ baby ♪ baby ♪ baby shark ♪ jillian: baby shark. andrews walks up to the plate this season. texas ranger's shortstop says it's his son's favorite song. insanely popular on youtube with nearly 2 billion views. i love that i think that's great. steve: i'm sure he hear hears it at home all the time why not hear it at work? ainsley: i'm sure his son was in the audience. he probably watched it a million times. he loves it. jillian: i feel like that's one of those after a while what do they call it the brain worm or something? ainsley: you ask any mom though that's something they hear all the time. and the other one the mickey mouse one the clubhouse song every kid loves that, too. the hot dog song.

brian: not a professional basketball player. ainsley: janice, do your sons love that song or are they too young for it. janice: no, nobody loves that song in my house. i'm sorry. i apologize. brian: don't apologize. janice: now i will have that song in my head for the rest of the day. thanks, jillian. take a look at the maps across the nation. cold in new york city. 35. man, we want some springtime any time soon. 28 in cincinnati. 40 in minneapolis. you know, we're dealing with at least clear skies across the northeast. watching this next storm system move into the west coast. they are getting pounded with more heavy rain and mountain snow across the west. and unfortunately some of this energy is going to move into areas that are dealing with flooding over parts of nebraska as well as iowa. wisconsin, kansas. so that's something we are going to have to watch for. the spring flood risk is moderate to major across many of these tributaries across the mississippi and missouri river valley. this is a story we are going to be following throughout

the next couple of weeks and next month as all of it moves across the mississippi river down towards the gulf coast. here is your forecast today. not too bad at all. i have that baby shark song in my head, t toba, i need to you play some rock and roll. maybe some aerosmith. ♪ baby janice: no. n-o. no. hi, is anybody out there. steve, ainsley, brian? steve: we were listening ♪ janice: i was made for loving you, baby. brian: all right, janice. thanks so much. coming up straight ahead, packing the courts. you heard the democrats calling for more justices to offset the president's two picks. next guest clerked for justice clarence thomas and says that would be a disaster. steve: plus, coming up on the television show that you are watching senator mike lee is going to be with us. senator john jamemike lee and jd senator tim scott.

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congress, stop the greed. cut drug prices now. ♪ brian: a version of the mueller report will be released in weeks, not months that according to attorney general william barr as he plans to make as much information from the investigation public as possible. john joins us right now. john, what changes when the hundreds of pages are released as oppos opposed to the four we have. >> what you are going to have at least critics of president trump are going to be trying to conduct more of a fishing expedition to try to find some pieces of evidence here. pieces of evidence there where they can claim mr. mueller should have seen a pattern of collusion but, look, this is why the framers put the power of prosecution in the executive branch and separated and

chose deliberate not to give it to legislators. i think prosecutors and look here, mr. mueller is the gold standard of federal prosecutors. he made a considered judgment that there was no evidence of collusion between the trump campaign and russia. i don't think people in congress are going to be able to overturn that. brian: right. they have a narrative. they will say oh my goodness, russia, the trump tower meeting. my goodness kislyak speaking tspeakmanafort. manafort is in jail. will would he be back on that legal treadmill? >> i don't think not about collusion. maybe for obstruction. but collusion a guy like mueller. the guy every federal prosecutor wants to grow up and be mueller. if mueller sits there and says i looked at that same piece of evidence and i didn't think there was enough there, then i don't think they are going to convict people. congress can attack people. it can become political ammunition and fodder. that's really what the president and his critics now want about collusion. as far as legal jeopardy and prosecution.

i think it's dead. brian: something alarmed you. last week talk with presidential candidates and others was about expanding the supreme court. and let's make it bigger because donald trump replaced two of them. could be replacing three of them if he wins re-election all bets are off. why do you think that is actually worse than medicare for all? >> oh, i think this is all the crazy ideas that you are seeing kicked around by the democratic progressive. i call him progressive aggressive candidates. this is the worst one. at least if they are going to the green new deal, they are trying to get a policy platform passed by congress, passed by the states. this is actually an effort to short circuit one of the constitution's restraints so that we don't just have rule by the simple majority that we take our -- we are a republic, not a democracy. if you try to pack the supreme court, you are just going to turn the supreme court and the judiciary into another political actor. and when republicans get back in charge, they will do the same thing. they will start adding more and more justices on the court to get the people they want there and soon the

supreme court will just be like another branch of the legislature and not a serious, small body that's there to interpret the constitution. brian: lastly, don't think it's pie in the sky they could get this done. if democrats find a way to take the senate, hold the house, just make this a simple majority. they could actually pass this. >> oh, yes. actually the size of the supreme court is up to congress and this is something that progressives have tried before. fdr famously tried to pack the court in 1937. his own party actually stopped him. we have stayed at nine justices on the court for about 130, 140 years. and it's because it's a simple number nine and we don't try to change it, then we have taken the court, which take it out of politics and not stuff it like a ballot box. john yoo thank you for getting up to us. we need your expertise almost every day. thank you so much. >> thanks, brian. brian: the maker of oxycontin reaching 270-million-dollar settlement with the state of oklahoma over the opioid crisis. the state's attorney general

says it is just the first step. he will join us next. and, president trump promises republicans will be the party of healthcare. did he catch you by surprise? can he make that happen? will democrats let him? ♪ come together ♪ right now ♪ over me ♪ ♪

♪ ainsley: new divowments in oklahoma's effort to hold 13 drug manufacturers accountable for fueling the nation's opioid epidemic. purdue pharma the maker of oxycontin to pay the state of oklahoma $270 million in a settlement. brian: guy that made this happen joins us right now. oklahoma attorney general mike hunter. mr. attorney general what is

$270 million do for your opioid -- for the opioid addiction problem in oklahoma. >> well, principally it establishes a funding, a very significant level of funding for oklahoma state university's wellness and recovery program. we think that it's a national footprint. this turbo charges that national footprint. we'll be able to help people in the state as well as people arranged the country with the best addiction science available to ensure that treatment and recovery programs are tailored to get people well. ainsley: i know this is a big deal. especially in your state. because according to statistics. state officials have reported that oklahomans die from opioids. more of them die from opioids vehicle crashes in 2009. what caused this epidemic. >> we think it was two-plus

decades of fraudulent marketing. misrepresenting the addictive qualities of pharmaceutical opioids. pseudo science. the extent to which these companies engaged in a conspiracy to convince doctors that these drugs were not addictive is the basis of our lawsuit against them. we have three other defendants that continue to be in our litigation which is set to begin on may 28th. we are pleased at the outcome of our negotiations with purdue but there are other companies that we are committed to holding accountable. brian: going back to more. establishing the national center for addiction studies and treatment at oklahoma state university. local government 12.5. so, by them paying this money, they admitted they went out to hook people and just pump up their product. knowing that eventually people will die.

are they admitting that? >> well, if you pay somebody that much money, you are clearly admitting that you did something wrong. i mean, our view is, our discovery, the efforts that we have entered into to prepare for trial have convinced us that we are right that we were right about the responsibility. their part in all of this. where we go from here is we have got to deal with the consequences. we have got to clean up the mess. and purdue pharma has clearly taken responsibility for part of this mess in oklahoma and nationally. ainsley: mike hunter, thank you so much. >> thanks. ainsley: we do reach tout purdue pharma on a statement. we didn't hear back from the company. brian: great job. hopefully all 49 other states will do the same thing. next. ainsley: senator mike lee torching the democrats' green new deal on the senate floor. watch. >> this is a picture of aqua man. under the green new deal this is probably hawaii's

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happen. they see it as a influx of new dependents, new voters. >> green new deal is dead after it didn't get a single vote. >> under the green new deal effective airplane prohibition this is probably hawaii's best bet. a 20-foot impressive sea horse. ♪ i won't let you get me down ♪ getting up when i hit the ground ♪ never give up, no, no. steve: never give up, but the democrats did yesterday. the green new deal died in the senate and the democrats helped kill it. nobody on the democrat side voted for it. mike lee. ainsley: even people that co-sponsored the bill they didn't vote for it. they voted present. steve: that's one way to do it. brian: who are those people thought it would be a good idea to line up behind alexandria ocasio-cortez on the senate steps, on the house steps that day because they didn't even look at the deal. it is absolutely fiction. it's implausible, it's comical. speaking of comical. senator mike lee made a

economic ocomic. aoc didn't like that at all. ainsley: jussie smollett brokered a deal. is he totally cleared of that hate crime hoax. brian: it's about time. steve: he is locally cleared. ainsley: that's true. steve: there still could be federal charges leveled against him because the fbi and the united states postal service is investigating whether the letter he sent -- the letter he received was sent by himself. we don't know that at this point. but, yesterday, it came out of nowhere, it was announced by the deputy states attorney that they were dropping all the charges because he was the first time offender. he had done two days worth of community service. and he was going to forfeit his bond. and part of the deal is while the prosecutor claimed to have overwhelming evidence that he did the deeds, 16 felonies. the deal did not require him to admit anything wrong and, in fact, he says he has been

truthful about everything. >> i have been truthful and consistent on every single level since day one. i would not be my mother's son if i was capable of one drop of what i have been accused of. this has been an incredibly difficult time. honestly one of the worst of my entire life. brian: really. two trainers you told to beat him up and you paid them and put a fake noose around your neck. steve: allegedly. brian: either the nigerian brothers are lying or he is lying. sings he swore he wouldn't be his mother's son i guess he is telling the truth. does anyone believe this guy? steve: they have been explaining that the $3,500, the check he wrote to the brothers was nutrition and training. brian: they admitted to beating him up. steve: they did. that's what so extraordinary about this case drop all the charges. ainsley: when i heard this news and says how does this happen? how did he get off after hearing that press conference how they were

convinced that he actually had done this. then you learned is he famous, right? he has connections to the obama family. chicago. they have all know each other. and he reached out, allegedly, to someone in his family to the states attorney. and said hey, can you get this dismissed? can you get this into the hands of the fbi so that the local guys aren't investigating me? so then that attorney, there are text messages that show she was talking to michelle obama's? steve: she recused herself but not the office. ainsley: not the people who work for her. they handle the case. he gets let out of jail u some of those text messages reveal she was talking to michelle obama's chief of staff saying can you please help. some of the text messages are oh my gosh that would be a huge victory if you can help. i make no guarantees but i'm trying. i understand. i appreciate the effort she wrote. this attorney -- michelle obama's chief of staff, former chief of staff spoke to the superintendent johnson i convinced him to reach out to the fbi. i asked him to take over the investigation. he is reaching out now and will get back to me shortly.

people are saying because he is famous. because he has connections, that's why he is walking free today. brian: all right. so here is the chicago police chief caught by surprise superintendent and so is the mayor, supposedly. listen to this outrage. >> do i think justice was served? no. where do i think justice is? i think this city is still owed an apology. it chose to hide behind secrecy and broker a deal to circumvent the judicial system. this is a white wash of justice. you cannot have, because of a person's position, one set of rules apply to them and another set of rules apply to everybody else. this is a person now who has been let off scot-free with no sense of accountability of the moral and ethical wrong of his actions. steve: here's the thing. now all of the records at the state attorney level's office level are sealed. and the question is does the state's attorney office have

embarrassing information that they don't want to be made public? we were talking to dmitry roberts in the first hour. is he a former chicago cop. and he says, look, this thing smells political. he does. brian: political. >> there is one thing that is right he has been consistent will lying in his position. it's obvious due to his political ties and due to the nature of this case and the national attention that it's gotten they saw some pressure in their office and unfortunately they have just made the wrong decision. this is not just a knock against our community this is a knock against folks that have worked very hard to even have the opportunity to speak up against these crimes. brian: see where that goes how many people are buying that he is innocent. i'm curious to see if it will actually help his career. who knows. steve: brian, to your point there was a state legislator yesterday who said that any production company that gets

state tax breaks with jussie smollett on the payroll should not get the tax breaks. so, i mean, who would hire him then in chicago? brian: we will see, yeah. in chicago. the hottest place now i believe is in tennessee, georgia does a lot of shooting and los angeles, of course. meanwhile, donald trump and the mueller report, you heard that came out on sunday afternoon. the president quite happy about it, made it clear. i wanted the whole report to come out after the attorney general okays it. the white house says i'm willing to release it. even without looking at it and i'm talking about the 700 pages, not the thousands of pages it's allegedly to be. the president yesterday found his way to the microphone before he met with the republican caucus on the senate side and said this. >> mueller report was great. it could not have been better. it said no obstruction, no collusion. it could not have been better. they and others created a fraud on our country with this ridiculous witch-hunt. i think it went very high up. i think what happened was a disgrace. i don't believe our country should allow this ever to

happen again. this will never happen again. we cannot let it ever happen again. it went very high up and it started fairly low. but with instructions from the high up. >> [inaudible] west wing of the obama white house. >> i don't want to say that but i think you know the answer. steve: i think you know the answer. ainsley: high high up did it go? brian: investigating the investigations. it looks like the chairman of the judicial branch, judicial committee lindsey graham is going to go after that. is he going to find out from john brennan. is he going to find out from loretta lynch. find out maybe as much as he can from susan rice and company and samantha power with all other unmasking what went into this investigation of candidate trump. ainsley: if you don't want it to ever happen again, have you got to hold people accountable. we have to know where this originated. steve: and ultimately, the mueller report, according to john yoo who brian talked to a little while ago who worked during the george walker bush administration says mr. mueller, gold

standard of guys in his position. >> critics of president trump are going to be trying to conduct even more of a fishing expedition. try to find some pieces of evidence here. pieces of evidence there where they can claim mr. mueller should have seen a pattern of collusion. but, look, this is why the framers put the power of prosecution in the executive branches. mr. mueller is the gold standard of federal prosecutors. he made a considered judgment that there was no evidence of collusion between the trump campaign and russia. i don't think people in congress are going to be able to overturn that. brian: yeah, what he was referring to was the fact when this comes out and hundreds of pages, trump tower meeting. robert mueller got it wrong. something here about and paul manafort. how could he not put these dots together. go by robert mueller says don't say you have better skills than he has was john

yoo's point. steve: james comey said he was confused by bob mueller's finding of no obstruction. guilty of the obstruction but he was glad that mr. mueller was able to finish his work and was not fired like mr. comey was. ainsley: if you want to read it william barr says he is going to release the public version of the mueller report in weeks, not months, according to reports. steve: can't wait. brian: just talk about it doing a conference call. jillian mele according to reports in the prompter is willing to give the news. jillian: i will am willing to give the news. the prompter is correct. good morning towel and to you at home as well. a public ban on unvac nateed kids. a state of emergency over a measles outbreak linked to anti-vaccinationer parents. banning all unvac nateed minors from public places for the next 30 days. 153 confirmed cases of measles nut county north of new york city. concerns now growing in michigan where at least 22 people have the measles.

boeing is taking steps to get the 737 max jet back in the air. the manufacturer will brief pilots and regulators on a new software update today. this as brand new trouble hits the company. 737 max jet making an emergency landing in florida despite a mandatory ground stop. southwest pilots reporting engine issues before turning back to orlando. no passengers were on board. also happening today, the british parliament set to vote on alternatives to brexit. a softer exit and second voter referendum may have been suggest you had as possible ideas. the most popular plans will move to another vote next week. prime minister theresa may has said she will consider those options but won't be bound to them. britain was originally scheduled to leave the european union on friday. keep you posted on that. and today president trump will award the nation's highest honor to an american hero killed in iraq. army staff sergeant travis atkins made the ultimate sacrifice when he tackled a terrorist wearing a suicide

vest in 2007. he saved the lives of three fellow soldiers standing feet away. atkins' son and parents will accept the medal at the white house this afternoon. send it back to you. steve: that's a hero right there. willing to give up his own life to save his brother's. that's awesome. steve: thanks, jillian. brian: senator mike lee ripping democrats' green new deal and he brought props. >> this is a picture of aqua man. under the green new deal this is probably hawaii's best bet. brian: the senator will join us live in moments. steve: and raise your gloss. one state just voted to sell beer that's stronger. ♪ i've tried jack ♪ i've tried drill ♪ i can't drink you away ♪

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♪ ♪ >> i rise today to consider the green new deal with the seriousness it deserves. how are we supposed to get around the vast expanses of, say, alaska during the winter? well, i will tell you how.

tontonss, mr. president. this is a picture of aqua man. under the green new deal this is probably hawaii's best bet. brian: probably only bet to survive. call it the green no deal. senator mike lee taking to the senate floor with props to poke fun at alexandria ocasio-cortez's signature new deal as it fails to get a single vote. a lot of present votes. he joins us now with more. you had 57 votes against it. but a lot of people voted present. senator, why did you bring those illustrations with you to the floor. >> i gave the speech because i believe more human beings are the answer to our problems. i think we need more human beings, rather than fewer. a lot of the authors of the green new deal proposal are trying to suggest that people should not have babies. and i think that's atrocious. brian: aqua man we hope he reproduces because he fights crime in the ocean and you made that abundantly clear. because you had fun with the green new deal, the author

of the green new deal, ocasio-cortez, slammed you. she says this: like many other women and working people i occasionally suffer from imposture syndrome those hard moments on days where you wonder if the haters are right. but then they do things like this to clear it all up. if this guy can be senator, you can do anything. so she is mocking you. what's your response? >> i'm glad that she sees me as a source of inspiration for whatever it is she is trying to do as strongly as i might disagree with what she is trying to do. look, the point here is that have a little fun, at the same time, we are trying to bring attention to a very serious issue. she has proposed something that i think would be horrible for the american economy. she has proposed something that isn't itself serious. it's so unserious, in fact, that not a single democrat, wanted to vote in favor of it yesterday. and as many as four democrats in the senate voted against it. the others simply voted present. it's not a serious proposal. and it's something that we ought to highlight as we

consider things like this that would be devastating on our economy. brian: maybe people going to be next president of the united states. senator kirsten gillibrand said this should be our generation's moon shots. you open up mind and accomplish anything. senator warren says no nation which expects to be the leader of other nations expect to say behind in the race for space nor on environmental science. why don't you have the imagination that they have? >> first of all, last time i checked, we are one of the world's leaders, if not the world leader on environmental science. on cleaning up the environment. on reducing emissions of all kinds of things, including but not limited to greenhouse gases. the effect is we have made tremendous strides. those strides have been brought about through human beings. through american ingenuity and innovation. that's what we need more of rather than less of. and shame on them for suggesting that we need fewer humans on this planet. brian: senator, have you ever seen a piece of legislation proposed looked like it was so supported when you look at when it was

proposed with all those lawmakers on capitol hill, yet get so little support when it came time for a vote. have you ever seen anything like this? >> no. in my 8 and a half years in the united states senate. i have never seen anything introduced with such fanfare. talked about by the mainstream media as if it were the greatest legislative proposal ever. and then have people scurry when the lights actually turn on and they are asked whether to vote on it. brian: when in times of trouble hopefully we all have an aqua man in your corner like we had on the senate floor yesterday. senator mike lee, thank you so much. >> thank you. brian: this ms-13 gang member is on the state's most wanted list. he won't be hard to find. and, it's mueller madness. who got the russia collusion story the most wrong? the man who helped create the bracket reveals his picks. next. ♪ hit me with your best shot ♪ fire away ♪ after months of wearing only a tiger costume,

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simple. easy. awesome. stay connected with the best wifi experience and two-hour appointment windows. click, call or visit a store today. ainsley: it is time now for news by the numbers. first $750 million wouldn't that be nice up for grabs in the powerball. fourth largest jackpot in history. odds in winning 1 in 192 million. there is still a chance. next, 4%. that is how much alcohol by content will soon be allowed in beer sold in utah grocery stores. the governor changing 86 year law which tapped alcohol at 3.2%. many brewers won't make beer that weak anymore they say. finally $19,000. that is how much money nsa wants to pay you to stay in bed for two months. the space agency is looking for 24 volunteers to head to germany and test the effects of weightlessness on the

body. steve, down to you. steve: all right. meanwhile, not only is it march madness, it's mueller madness, thanks to the "new york post" you can now vote for your topics when it comes to the media personalities who got it the most wrong about the mueller probe from theories of collusion to predicting jail time for the president and all the theories in between. here to explain the breakdown his final four picks "new york post" op-ed editor sorob ahmari. >> thanks for having me. steve: what were you trying to accomplish with the march madness bracket. >> two things. first to hold accountable the people who peddled the most nonsense and second to have fun because it is march madness. i'm not a sports fan but i'm a news junky, this is my way of pitching in to that fun. steve: you were trying to have a fun, a lot of people have reacted they are a little angry at you.

>> so sarah huckabee sanders the press secretary tweeted the image with our "new york post" email address where we invited people to send their own votes madness at new york post.com. a lot of people took this to mean this was a white house production. why are you using taxpayer money to make these fake brackets? is this a white house enemy's list? in fact it's news people poking fun at other news people. steve: you actually used some of the things people said we will look at top 4. cable. your winner is -- roll the montage. >> we're about to find out if the new president of our country is going to do what russia wants. whether or not russia had help. whether they had confederates inside the trump campaign whether they launched this attack. the presidency is effectively a russian op. steve: why did she make your top four. >> this is my personal top four, not our readers just for two years the steady

diet of fear that she really sort of hooked her viewers on. going so far as to say what should we do? how do we prepare if the presidency is a russian op. quote, unquote. steve: i heard that a lot. >> that's right, yes. and shear word. by the way i'm a russia hawk myself. the insane degree of thinking that the russian government has reached deep into our government was so much in retrospect. steve: according to mueller the not a russian operative. in the category of net worth. ladies and gentlemen, here is your winner? >> no, no. he goes to jail. he goes to jail. he goes to jail. lock them up. lock them up. steve: you had so many to choose from why joy by harr. >> that clip speaks for itself u the degree of wish casting and the idea that the president is about to go to jail and then to do a dance and jig about it on

the show is just so funny. steve: meanwhile in prints you had many to contend with. your winner max boot the columnist he wrote on july 2015 mantra no collusion something as if shear mind numbing repetition can make it true. why did you put max at the top? >> unlike the others who are at least entertainers and try to be funny. max is so dower and humorless. he adds to it. and the fact it turned out the president is right. there is no reason no collusion was his mantra. steve: when it comes to twitterati people saying things in a 144 characters or less. the lawyer who wrote when representative adam schiff says there is both evidence of collusion and obstruction you can take that to the bank. trump beware.

just the fact that he knows so much about the law for him to say those things it has a certain gravity to it. >> this is a serious man and serious constitutional scholar. for him to trade in that prestige for twitter crankery is sad. steve: these were your top four, i understanding, in the "new york post" very shortly you are going to be doing your readers top. >> yes. i will reveal that. votes are. in. steve: what about an honorable mention with your list. >> mine would be jonathan chafe who predicted that the president of new york magazine predicted that the president had been a russian asset since 1987. steve: wow, look at that. that's a little crazy. very good sohrab from "the washington post. thank you for joining us. >> thank you for having me. steve: a bride kick as guest out of her wedding because he was wearing his marine corps dress blues. is that fair or foul?

she felt somebody was stealing her spotlight. plus, congresswoman ilhan omar slammed a pro-israeli conference for political donations. now, israeli prime minister benjamin netanyahu calling her out. john james with reaction to that as you can see, he is in the house and he is next. ♪ ♪ leave no man behind. or child. or other child. or their new friend. or your giant nephews and their giant dad. or a horse. or a horse's brother, for that matter. the room for eight, 9,000 lb towing ford expedition.

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♪ >> take it from this benjamin, it's not about the benjamins. the reason the people of america support israel is not because they want our money is because they share our values. they just don't get it. it's because america and israel share a love of freedom and democracy. it's because we cherish

individual rights and the rule of law. steve: it's not about the benjamins said benjamin netanyahu who that was aired a couple of days ago at aipac. let's bring in john james former army veteran. former republican running for senate in the great state of michigan. he joining us live. clearly that was a shot at freshman congresswoman ilhan omar. >> yes. and deservedly. i think that america can see there is certainly a double standard when it comes to republicans. rep steve king was rightly stripped of his committee assignments because of his hateful remarks supporting white nationalism. i believe equally so nancy pelosi needs to exert the leadership and strip representative omar. steve: 600 progressives wrote her letters and said you can't crack down on her. >> you know what? that's the thing. nancy pelosi is afraid of the progressive left taking over and she is kowtowing to them. brian: do you know what's interesting she did speak out yesterday and said in

our democratic society we should become legitimate debate on how to best honor our values and advance our loyalties. never let anyone israel wedge issue. to be anti-semitic is anti-american. >i agree with nancy pelosi being anti-semitic is anti-american. there must be no public space between the united states and israel. they are a vital ally and they are consistent in our democratic and moral values. and to allow that to continue is like a fly in the ointment for america and it wedges us. ainsley: i know as a veteran you served our country. we wanted to ask you about this story because a lot of our viewers are upset about it. there was a bride who posted her situation on reddit. she wrote a friend of one of my husband's friends showed up in complete uniformed military. it felt very out of place and seemed like he was just trying to show off. my wedding had over 300

guests and nobody else felt the need to wear something to make them stand out. what's your reaction? >> well, my initial reaction was this is ridiculous. but then, very quickly, i think back to the men who i led. and a lot of them are junior enlisted. now, i don't know the details about this marine's personal life, but black tie optional tuxes he may not have had the money or resources. his military uniform might have been the best that he had. and you are telling me that at a 300 person wedding you couldn't find somebody who might have had a suit a tie a jacket and pants you? also set the dress code. hook this guy up. let him in. this tells me that there might be something else at play. usually the tie goes to the bride but in this particular case i think it might go to him handle it differently. steve: what do you mean might be something else at play cultural reaction to seeing the uniform? >> i don't know their personal background. there is a lot of details we don't know. i'm personally proud of my uniform. but, as a matter of courtesy, for both sides, i think that if you are at the point with all those options to dismiss someone, i think there may be more

information. usually the tie goes to the bride but in this case let the man wear his uniform. brian: story in "new york times" today about afghanistan. the taliban five are in on the negotiations for peace in afghanistan if and our exit. what's your reaction? >> we have been at war for almost two decades. the first generation -- there is a generation right now who is going to be voting for the very first time in 2020 who knows only war. i believe that taking any measure to come to a peaceful resolution to bring our boys and girls back home and to begin rebuilding america, that's where our priorities should be. brian: do you think if we have to go back there in five years let it become a terror haven again? we have to leave responsibly. >> of course. we have to make sure we do it correctly which places the onus on us to make sure we never go into war foolish and hastily. our founding fathers put that on us to make sure that we don't do that yes, we need to make sure that we get out in a measured, responsible manner pragmatic

manner and make sure that we have allies around the world that will help keep the area the region safe and accountable. brian: does it bother that the taliban five is at the negotiating table for us in exchange for bowe bergdahl? >> we need to leave old wounds behind us the best we can exercise forgive news as we have done in previous years with japan, south korea, and germany. we have to heal and move on so we can focus more on the future than on the past. steve: you are going to be moving on to a couch down there on the studio floor. you are hosting outnumbered today. you are one lucky guy. thank you very much. ainsley: he just had a baby six weeks ago. steve: one lucky dad. ainsley: you had one chance to get some sleep and then we asked you to come on "fox & friends." thank you for waking up early. >> thanks for having me. ainsley: congratulations on baby number three. three boys. steve: we will be watching. 21 and a half minutes before the top of the hour. jillian joins us. jillian: following a number of stories. the fight for justice continues for families impacted by the 2,000

"u.s.s. cole" bombing. the u.s. supreme court ruled against 15 sailors and three spouses who won 315-million-dollar judgment against sudan saying helped the terror group behind the attack. the supreme court says they needed to file the lawsuit at the foreign minister's office and not sudan's embassy in washington. 17 sailors were killed in the blast. an ms-13 13 gang member is audited to the top 10 most wanted list in texas. they hope it won't be too tough to find him since ms-13 is literally branded right there on his face. the state is offering $7,500 for information leading to rodrigo flores he is wanted for aggravated assault with a deadly weapon and assault of a family member. the department of justice sides with a court ruling finding obamacare unconstitutional. this comes as president trump vows to make healthcare a top issue for republicans. >> let me just tell you exactly what my message is. the republican party will soon be known as the party

of healthcare. you watch. jillian: in december a judge ruled the individual mandate unconstitutional. therefore, invalidating obamacare. an air force squadron shows off its power and precision. watch this. two dozen f-22 stealth fighters sliding down the runway at elmendorf-richardson air force base in alaska. the jets take off one by one in an incredible display of power. always cool to see. steve: that is cool. all right. thank you very much. all right. let's go ahead and examine the airspace over no. new york city. janice dean joins us now. janice: how are you guys. >> great jab january why are you here? >> to see you. tasfantastic. group hug after we do the weather report.

take a look at the maps. it's around freezing here in new york. 34 degrees. 31 in chicago. 42 in rapid city. 52 in houston. it's cold as far as south as the gulf coast right now. looking at the radar, a pretty good day, we do have a storm system moving into the west. and this is going to bring heavy rain and mountain snow and then some of this energy is going to move into some of those flood prone areas across portions of nebraska, mississippi, and the missouri river valley. that's something we are going to have to watch for over the next couple of days. there is your highs today this thursday. okay, big group hug. where are you all from? >> boston. >> north carolina. >> georgia. janice: very nice. welcome to "fox & friends," everybody. ready for the hug? [cheers] steve: there is a lot of love on that fox square? janice: that is awesome. ainsley: picked a great time to visit. really great weather here this weekend. steve: just not today. a little chilly, still.

jd, thank you. brian: jussie smollett maintaining innocence after all charges against him dropped. next guest chicago native and victim of violent crime. he calls this a slap in the face to everyone in the city. ainsley: plus, history takes flight. the first of its kind drone delivery in the united states. ♪ i want to fly away ♪ yeah, yeah, yeah ♪ cancer, epilepsy, mental health, hiv. patients with serious diseases are being targeted

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jillian: good morning to you. welcome back. quick headlines now. a robo call scam exploiting our nation's heros is shut down by the federal trade commission. officials banning a company for running fraud lengths charities that claimed to collect donations to benefit service members. the organization called veterans of america is now banned from engaging in most telemarketing activities. and how about this? it's the first faa approved regular commercial drone delivery in the u.s. u.p.s. flying the quad copter to deliver samples

from a north carolina hospital to main lab. the flight took three minutes. the drone can carry up to five pounds. ainsley? ainsley: thanks so much, jillian. he is accused of staging a hate crime and wasting police resources. and this morning chicago cops are outraged as all charges against jussie smollett are officially dropped. >> at the end of the day, this mr. smollett who committed this hoax, period. i stand by the facts of what we produce. if they want to dispute those facts and the place to do that is in court. do i think justice was served? no. where do i think justice is? i think this city is still owed an apology. ainsley: eddy johnson is not the only one who feels that way. chicago native and crime victim himself calls this decision a slap in the face to everyone in chicago. william kelly radio show

host william kelly. good morning. thank you for being with us. >> thank you, ainsley. i wish i could tell you that we have victory for chicago. victory for justice. unfortunately we have a coverup in chicago and it's not over yet. i guarantee you that. ainsley: have you said it's a slap in the face and you want him to apologize and you say he is not welcome in your city anymore. why? >> well, first of all, it is a slap in the face. to every citizen of chicago. and all we ever wanted was an apology. it's a pretty low bar, ainsley. what we have now is actually worse than what originally happened to begin with. they have dropped the charges. they have sealed the file. and jussie smollett is still perpetrating this hoax against the people of chicago. he is still going around saying that he was the victim of a hate crime in chicago. this hoax continues. ainsley: all right. so how did this happen? everyone is wondering that? is it a case you have to know the right people? you are rich? you are famous? then you can get off? >> well, that's normally all

there is to it. but, in this case, there is a lot more. we already know for a fact that michelle obama's chief of staff tina chen contacted the cook county state's attorney kim fox because we have the text messages so this is not a conspiracy or a conjecture. this is fact. and asked the state's attorney to literally drop the charges against jowltd and hand it over to the fbi. right? but, the chicago police being the heros that they are in my opinion, investigated the case and turned up enough evidence to bring a 16-count indictment against jussie smollett. so, how this -- so now, we have something that is completely, completely out of the ordinary. they have dropped the charges. they have sealed the file. the taxpayers paid for this investigation to the tune of hundreds of thousands of dollars. this isn't going to be over

until the taxpayers get to see this file. we have already filed to have the file released so have it opened and released. and i believe that when that happens, jowltd will finally, finally, finally be forced to stop smearing my city, the city of chicago u. ainsley: there is a lot of crime in chicago. we see so many people behind bars as a result of that. >> yes. ainsley: is it a double standard? what are people in chicago saying about this? are they forgiving him? is it divided or are most people furious with him? >> absolutely no forgiveness in this case. and i know that it might sound silly or trivial. but i think the people of chicago are finally fed up with the corruption and the crime and this jussie smollett case has actually brought all the pieces together. and the people of chicago are demanding that this file be opened and that jussie smollett is forced to

acknowledge that this was a hoax and apologize. that's the only way that we can move forward. ainsley: okay. thanks, william. >> thank you, ainsley. ainsley: you are welcome. still to come senator tim scott joins us in the next hour. you have seen the shocking attack on conservative activist on u.k. berkeley. next guest says happened to him two years ago. why he is suing his university. university. [shouting] >> say something again. say something about my kid one more time. >> what are you going to do?

♪ steve: if you think free speech conflicts like this infamous confrontation happened at uc berkeley you

could be wrong. two students at illinois urbana champaign say they faced a similar situation in 2017. >> don't have you kids to look after? >> what did you say? >> talk to him, not me. >> are you threatening my kids? do you want to threaten my kids? huh? do you want to threaten my kids? say something again. say something about my kids again. say one more thing about my kids. >> what are you going to do. >> what are you going to do, huh? >> well, in the aftermath of that dispute between graduate instructor and activist tareq khan screen right and two students a year and a half ago is the subject of an ongoing federal lawsuit over free speech. >> joel valdez was one of the students in that video and he is also a campus reform.org correspondent and works as a campus coordinator for turning point u.s.a. thank you so much, joel, for being with us. >> thank you for having me. ainsley: you are welcome. you are the guy on the left and that's a professor

screaming in your face saying don't say that about my kids. >> university instructor. paid employee by the university. ainsley: he is the adult here and he is in your face. what did you say to cause this? >> well, in the fall of 2017, i had attended this anti-trump rally to see what these young socialist were talking about and this university instructor had attacked me for disagreeing with the kind of opinions that were being said at this rally. and, you know, saying that their opinions is being nice. they were actually just some of the common slander that the left likes to sling at conservatives? steve: how were you and mr. nelson assaulted by him? >> so, when the university instructor tareq khan had came up to his as we were recording this event. he bumped into our chest and tried to swing at the cameraman. i pulled out my phone to record. he seen i was recording. pulled out my phone and chucked it to the ground after we told him we were

calling the police. steve: now, after that he is not in trouble with the university but you are, right? >> yeah. instead of the university standing up for students like myself and standing against political violence by their own employees they decided to hit us with multiple disciplinary charges. the associate dean at the university had actually told me as a journalist for the leadership institute campus reform that if i wanted to this to quote, go away i should stop talking about it what they did was they responded to. anna: attack on free speech with another attack on free speech. ainsley: the university censor says you can't register for classes. why do you think you got in trouble and he didn't? >> well, you know, it's really hard for me to understand this concept of a university instructor attacks me and i get disciplined for it and he still gets to be teaching at the university being in front of students, parents

of kids teaching them subjects it's very wrong. steve: we have a lot of questioned. joel, thank you very much. we reached out to the university. we have not heard back from them. if we do we will share that with everybody. thanks, joel. right back. and neither will i. i treat my mbc with everyday verzenio, and neither will i. the only one of its kind that can be taken every day. verzenio is the only cdk4 & 6 inhibitor approved with hormonal therapy that can be taken every day for post menopausal women with hr+, her2 negative mbc. . . . . may be severe, or cause dehydration or infection. before taking verzenio, tell your doctor if you have fever, chills, or other signs of infection. verzenio may cause low white blood cell counts, which may cause serious infection that can lead to death. serious liver problems can occur. symptoms include tiredness, appetite loss, stomach pain,

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advil is... relief that's fast. strength that lasts. you'll ask... what pain? with advil. >> all charges dropped. >> i've been truthful and consistent since day one. >> this is a whitewash of justice. >> this city is owed an apology. brian: version of mueller report will be issued in weeks, not months. >> i don't believe our country should allow this to ever happen ben. >> you're facing if convicted all of these charges up to the rest of your life in prison. >> i am nervous. i am concerned. i'm scared. >> this is picture of aquaman, under the green new deal this is hawaii's best bet. >> not a single democrat wanted to vote in favor of it.

>> elvis andrews walks up to the place. your sons love that song. >> nobody lovers that song. i have that baby shark song in my head. does anybody else? ♪ brian: that is nice elvis andrews, keeps his son in mind when he goes up to the plate. steve: ainsley told me i should watch the video. ainsley: we have it on our house every day. steve: it has 42 million views on youtube. >> that song and the hot dog song from mickey mouse club. my nephews dance. steve: it's a little annoying. ainsley: it makes you happy. brian: opening day soon, they will play for real very shortly.

just he is smollett back in the news. what is going on in chicago. turns out a lot going on. jussie smollett has 10,000-dollar bond he will not get back. he is done. he is a free man locally at least from the state's point of view. he might still face federal charges which is extraordinary because he looks overwhelming guilty. ainsley: they said we'll drop the 16 felony charges against you. we'll seal the case so no one goes on. you have to do 16 hours of community service. you will not get your $10,000 bond back. steve: as soon as he finishes community service on monday. next day they had the hearing t was announced from the state attorney's office they were dropping the case. they said after reviewing all the facts and circumstances of case including mr. smollett's volunteer service, 16 hours in

the community, agreement to forfeit his 10,000-dollar bond to the city of chicago we believe this out come is just and appropriate resolution to the case. they believe the fact that he was a first time offender. the guy the state attorney, joe maget who decided to drop the charges. he said i do not believe he is innocent. he dropped the case because the actor has no criminal background. keep in mind he was charged with 16 felonies faking a hate crime. ainsley: fraternal order of police basically said that the boss, she recused herself, but her administration, the people who work for her decided that he was going, they were going to let him go. but the fraternal order of police, recusing herself, not her administration is a distinction without a difference. what underlying is going to go against their boss's wishes. brian: whether it will help or

hurt his career. not many people think he is innocent. i thought this was extraordinary. i would not be my mother's son if i was capable of one drop i have been accused of. there is overwhelming evidence you made the entire thing up. mailed a hate crime letter to yourself. which is mail fraud. he tripling down on his bad karma. >> he alleged to mail it him. a lot of people in high-ranking positions in chicago, the top cop, the mayor who are furious. >> i think justice was served, no? do i think justices? i think this city is still owed an apology. it shows to hide behind secrecy and broke ear deal to circumvent the judicial system. >> this is whitewash of justice. you can't have because of person's decision one set of

rules apply to them, another set of rules apply to everybody else. this is a person now who has been let off scot-free with no sense of accountability of the moral ethical wrong of his actions. steve: some people in chicago feel the state's attorney might be ceiling this because there is embarrassing information out there that would be bad for some of the people in that office. that's why we don't know any of the details at this point. ainsley: some other people are saying he is using his connections and his fame to get off scot-free. steve: connection to michelle obama's chief of staff. ainsley: text messages to the ahead attorney who recused herself, texted from michelle obama's chief of staff. let the fbi handle this. don't let chicago police. that would be a huge victory. make no guaranties i'm trying. i understand i appreciate the effort. brian: doesn't look good.

the nigeria brothers who were training him, giving him nutritional advice beat him up in the street. they were the ones who said he hired us to do this. i haven't done anything i am accused of on every drop of my mother's soul. this is crazy. i have never seen anything like this. he have hesteve: there are the s who say they were paid $3500 to fake attack. his attorney says it was for nutrition and training. speaking of connecting the dots, robert mueller spent close two years trying to figure it out. the four-page summary makes it clear there was no obstruction of justice and there was no collusion with the russians. president of the united states was up on capitol hill talking with the republicans, and he observed these things about the mueller report and where we go from here. >> the mueller report was great. it could not have been better.

said no obstruction, no collusion. it could not have been better. they and others created a fraud on our country with this ridiculous witch-hunt. it went very high up. i believe what happened is a disgrace. i don't believe our country can't allow this to happen again. we can't let it happen again. it went fairly high up, started very low with instructions from high up. >> do you think it was from the west wing of the obama white house? >> i don't want to say that. but i think you know the answer. brian: all you saul yesterday democrats don't buy it. they don't buy the conclusions. they need to see the report. president is employing through, getting billion dollars for the border. blowing up obamacare once and for all. we'll get hundreds of pages but not thousands of pages for the report. people will say mueller didn't tie this all together, i can.

eric swalwell can. blumenthal can. that will be the reverse narrative. people are fed up. ainsley: doj says the president will not see it, not read it before congress does. there are multiple reports william barr will release a public version of mueller report within weeks, not months. only thing redacted grand jury material and anything impacting ongoing investigations. steve: exactly. that is the mueller report. regarding what the president said at the conclusion of that sound bite montage how high up does it go in the previous administration. that they are going to figure out. mr. huber, who is working at the department of justice and the inspector general, michael horowitz. i was reading stuff about their investigations. sounds like they have been interviewing a lot of people. so if we're lucky, we'll finally figure out how high up it did go in the obama administration, if it went at all. ainsley: someone needs to be held accountable. steve: if laws were broken, absolutely. brian: catherine herridge got a great text message, fascinating text message with brennan, all

these guys talking with each other during this time. does john brennan know christopher steele? how do these all link together. as papdopoulus's book comes out. you realize, seeming he was set up. you wonder who was pulling the strings behind the scenes. steve: when andy mccain got in trouble, recommended to be fired by mr. horowitz, the inspector general he laid it out very clearly. connected all the dots, showed us all the evidence. that is were mr. mccabe is out at the doj. ainsley: you know reddit, is a forum, the kid wanted to know if i should get vaccinated. something wrote on reddit that got a lot of you comments. brian: a bride. ainsley: she wrote son of one of my family's friend showed up to the wedding in marine formal wear complete with all of his medals. i have nothing against anyone in the military but this was black tie optional wedding t felt very out of place.

seems like he was trying to show off. my wedding had over 300 guests. nobody else felt they needed to wear something to make them stand out. steve: this particular bride didn't sign it. we don't know her identity. ainsley: thank goodness. steve: she said the guy was a perfect gentleman a lot of people in attendance asked to take pictures with him. thanked him for his service. she was wanting to know if she was a bad person throwing him out of the wedding because he was wearing marine blues. we heard a lot of responses. brian: my represent the united states air force. assuming he wore the uniform. ainsley: justin emailed, as a marine veteran i'm not offended by it. i don't wear my uniform to wedding unless it is a military buddy who wants us too. steve: travis emailed the marine who wore the uniform to the wedding was showing pride to his country. the bride should feel thankful

that she has friends who served in the military to protect the country she calls home. what do you think? email us. we read them all day long. we're on facebook. brian: so is jillian. you're on facebook, right? jillian: she should feel lucky that she has friend hot serve the country and come home to attend the wedding. ainsley: if you fight for the country, we all have freedoms to get married where we want to get married, some people don't make it home to get to the wedding. jillian: i don't agree with this bride. a lot of people get married in their uniform. let's get you caught up on this story. new claims from michael avenatti. he says nike is the to blame even though he is one charged with trying to extort them. >> nike and its executives have been funneling payments to amateur players, high school players and to their handlers and family members. jillian: avenatti threatened to

expose nike for $20 million. he is phasing embezzlement and fraud charges. the man charged with kidnapping jayme closs and murder her parents is expected to plead guilty. he broke into the wisconsin family home and killing the couple and taking their 13-year-old captive in october. jayme escaped after 88 days. he pled guilty to avoid a trial. he will serve life in prison. the hall-of-famer has not been diagnosed but dealing with throat problems the last few months. he is haunted by the possibility of cancer ever since it killed his father at 51. the former dallas cowboy writing quote, my faith tills me whenever you face great fear you go to the greater power. mine is god. all our thoughts going out to him. ainsley: saying prayers for him.

everyone else do the same. steve: thanks, jillian. while democrats in washington are fight accusations of anti-semitism. senator tim scott has a new bill to combat it head on. he is next. d sugar and reached an a1c of less than seven and maintained it. oh! under seven? and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? ♪ oh, oh, oh, ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis. do not share needles or pens. don't reuse needles. do not take ozempic® if you have a personal or family history

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♪ brian: as democrats battle with accusations of anti-semitism with their party two law make remembers making a bipartisan effort to combat this kind of discrimination, especially on college campuses where anti-semitic incidents nearly doubled in just one year. our next guest is one of the lawmakers behind the anti-semitism awareness act which was just reduced to the senate, republican senator, south carolina, tim scott. senator, what's behind this move? >> good morning, brian. thanks for having me on your show. behind this move the fact that we don't have a universal definition of anti-semitism especially on college campuses where you just said 100%, nearly 100% increase in simply within year. we have to make sure that we have a clear definition that colleges will use, and at same time, the bill also protects freedom of speech. brian: you also are combining with senator casey, a democrat from pennsylvania. >> yes. brian: was that hard to find

someone to partner with? >> you know it is interesting, i started this journey in 2016. it was a little easier then than it is now. certainly you see the raucous in the house that the far left has taken over the party in the house. my hope, that in the senate we'll continue to work on this issue of anti-semitism in a bipartisan fashion. brian: when will you put this up to a vote? how will we see it impact the campuses? >> hopefully, we submitted the bill yesterday. i'm hoping ma in the next several weeks we'll have a vote on college campuses clarifying the definition, that allow the administration to rein in that kind of discriminatory behavior. have a simple conversation, even disagree, you don't have to like folks, don't have to speak in effective manner. we do have to understand where the boundaries are on that kind of conversation on college campuses especially when it leads to incidents. brian: i hear you. real quick, senator. president surprised many when he said i'm going, this election will be making the republicans

look like the party of health care. were you caught surprised by that statement, surprised by that statement? what do you plan doing about it? >> i was caught off-guard without any question. i have to say, president trump, he has great political instincts. one of the things he was reinforcing i believe, in 2018, there was a 40-point gap between those voters who said that the health care issue was their number one issue. they voted to the left by who -- 40 points. for us to be competitive in the 2020 election cycle he has solid point. require us to take on issue of health care. the case in texas turns out that obamacare is found to be illegal, we'll have to have a single solution. i hope that solution starts with the white house, finds its way to congress. we don't need 12 of them. we need one solution. brian: you couldn't do it last time. you don't have the house. now you have a couple more senate seats. do you have to get democrats to

work with you? >> absolutely. for to us have a law passed, the democrat-controlled house will have to find something they like in the health care plan that the president will produce. i'm very optimistic. one thing i learned, don't bet against donald trump. don't bet against donald trump. health care will be number one issue i will follow his lead. brian: people are starting to get that feeling. i know he has a lot of respect for you. you're doing a great thing, trying to stamp out anti-semitism on college campuses with the awareness act. thanks for joining us. >> thank you, brian. have a great day. brian: beto o'rourke taking to the campaign trail with a plan for the supreme court. >> what if five justices selected by democrats, five justices selected by republicans and those 10 picked five more justices? brian: sounds great, doesn't it? what do voters think about that? the pulse of the people. now our logo.

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♪ ainsley: quick headlines for you. democratic leaders in pennsylvania condemn a republican colleague for her prayer at the statehouse. >> president trump, lord, thank you that he stands behind israel unequivocally, lord. ainsley: critics called state representative stephanie barr prayer racist, she gave it before the chamber's first muslim woman was sworn in. missouri one step closer to offering bible courses at public schools. the statehouse passed a bill that would allow classes as electives not requirements. if passed education officials would be required to develop clear guidelines for the courses. the measure heads to the senate. steve? steve: ainsley, thank you. democratic hopefuls, ones so far, making messages clear to the push to take out president trump at the white house.

what do voters saying. brand new dials, partner and president, lee carter. lee, good morning to you. >> great to be here. steve: there are so many of them we see on the big wall they're saying a lot of stuff. they are unknown, people are ready to listen to them to figure out what they're all about, right? >> they sure are. every time they talk people responding and resonating with them. the ones with baggage, elizabeth warren others not open to but real open playing field. steve: somebody that last a lot of attention of beto o'rourke. here he is. watch the dials. the blue line represents democrats. the red line represents republicans and yellow line is independents. here he is talking about packing the supreme court. watch the dials. >> if there were five justices selected by democrats, five justices selected by republicans and those 10 picked five more

justices. steve: how did he sell that? >> not very well. democrats gave c plus. republicans gave a d. people gave him credit for coming up idea that includes both parties. they want him to work across the aisle. still people want the supreme court to be supreme court and want congress to work the way it should, not way it is. steve: people would like congress to have comprehensive immigration reform. you have, very clear where the president stands on it. >> no doubt about that. steve: he have wants to build a wall, when it comes to the democrats, they have a contrary message. kirsten gillibrand, democratic senator of new york, talking about social security for, wait, watch. >> comprehensive immigration reform, 10, 11 million people here now, working now, begin to buy into social security. pay into social security. pay in to taxes. pay in to school taxes. pay their fair share, and over a 10-year period, they will earn

their way into citizenship. steve: how did social security for illegals work for her? >> democrats gave it a b. independents a d-minus and republican as d. not so well to be honest with you. there were some people on democratic sites, sounds like a good idea, but i don't trust it will work for us. people say deal what we have here in front of us. that is not a good idea steve steer here is elizabeth warren. you mentioned somebody people know about. here she is about the rich and powerful lying to get into schools. watch these grades. >> the notion that people could keep cheating, building, evidently built this huge cheating network in order for children of the rich and powerful to make it into fancy schools. this is one more example of how the rich and powerful know how to take care of their own.

everybody else just gets left behind. steve: people saw irony in that. >> people saw the irony. people are outraged about elitism. democrats gave it c plus. independents a c. republican as c-minus. she does not get people excited, does not move them. it's a flat line every time we watch her. i don't think she will be much of a force to be reckoned with. we talk about her. i think she will have to turn things around, get people excited if she is the candidate. steve: who would you say are the top two democrats that would include a socialist democrat, that people are interested in? >> i am focused on the bs right now. beto, bernie and biden if he were to enter. right now, not biden, beto and bernie. steve: thank you very much, lee. straight ahead on this wednesday chicago mayor rahm emanuel blasting jussie smollett in a new interview that aired moments ago. >> he abused the city of

chicago. he actually committed a crime here. this looks like because he is an actor, a person of influence, he got treated differently than anybody else. steve: judge alex ferrer says the mayor is right. he will join us coming up next. you have the right to remain dancing. the police officer busting a move now going viral. ♪ mom! maria! maria ramirez... mcdonald's is committing 150 million dollars in tuition assistance, education, and career advising programs... prof: maria ramirez mom and dad: maria ramirez!!! to help more employees achieve their dreams. how about letting moyour hair down a little?!!!

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♪ >> you have the state's attorney's office saying he is not exonerated. he actually did commit this hoax. he is saying he is innocent, an his words are true. they better get their stories straight. this is making fools of all of us. on that fundamental level doesn't add up. he abused city of chicago.

he committed a crime here. he lied about something. remember the grand jury indicted him when only seeing a portion of the evidence. this looks like because he is an actor, a person of influence, he got treated differently than anybody else. steve: and he was charged with 16 felonies. as you can hear fresh outrage this morning from chicago's mayor rahm emanuel, joining local law enforcement, furious as charges against jussie smollett the actor are dropped and his record has been sealed. ainsley: here to react, host of cbs's whistle-blower, former dade county circuit court judge, alex ferrer. good morning to, you alex. >> good morning ainsley. i'm great. ainsley: what is your reaction? when this broke, how did this happen? how did he get off with so many people against him and police department saying what they did in that press conference? >> it is outrage just. for the benefit of viewers who don't know how things usually work like this. a person gets arrested,

typically plead not guilty, a trial date is set. between the date of the charges being filed, trial date, they enter into a plea, take jail sentence or probation with community service and a fine. or they go to trial and jury decides whether they're guilty, the judge does whatever the judge thinks is appropriate in the case. larry, very rarely, a judge, i mean a state attorney will dismiss all the charges after the person does six months of community service. that is typically for a case, for example, a kid goes into a kmart and steals a few fishing lures, some minor, minor case like that. this is not that case. in this case, jussie smollett, according to the state attorney's evidence that they presented to a grand jury which charged him as you said with 16 felonies, totally manufactured this fraudulent attack. made it intentionally homophobic, racist, accused trump supporters, because he knew that would outrage the community and get him all this

publicity that might advance his career. and in doing that, he cost the city of chicago probably hundreds of thousands of dollars in policeman hours investigating this, 24 detectives, i think about six weeks of investigating this crime. he gets caught. and what does assistant state attorney joseph magets think is the appropriate punishment? we'll dismiss all the charges, give you credit for two days of community service you did since you were indicted, if you're innocent, why are you doing preemptive community service to work out a plea? we'll keep your 10,000-dollar bond, to a guy like jussie smollett, who gets millions on "empire," or did, is fined $10,000 for costing the city of hundreds of thousands of dollars. that is outrageous. he gets to expunge the record. there is no trace he was ever arrested. his employer can use a arrest as reason to terminate him. i'm sure that is the next thing

coming down the pike. hey, twentieth century fox, you have to hire me back. so, yes, do i think there is something wrong here? absolutely there is something wrong here. anybody who knows how the system works will think this is flat-out corruption. somebody made a call. somebody who knows the state attorney or assistant state attorney, said do me this favor. we'll help you down the road. that is what i feel happened in this case. steve: you're not the first person who suggested it was political in nature. and to your earlier point about how the prosecutor presented to the grand jury all the evidence, prosecutor said it was very clear, the evidence was overwhelming. you have got the two brothers as evidence, told the story to the grand jury and other people. part of -- they're even denying there is a written down deal. apparently he does not, smollett does not have to admit he did anything wrong because he went through community service and 16 hours and forfeited $10,000 out

of the 30,000-dollar bail. >> think about it, ridiculous part of it, people kid who stole the lures would get 150 hours. he did two token days. didn't have to stand before a judge, people would have to admit their guesstimate. he continues to malign the chicago police department, proclaiming he is innocent. the evidence that the state attorney laid out is overwhelming. the state attorney who granted this sweetheart deal, says now after the outrage came out, no, no. we're not saying he is innocent. we stand behind the chicago police department. really? why did you offer this deal? i don't think it is just celebrity, i really don't. martha stewart was celebrity. this guy is connected. i understand he is friends with the obamas. early in this case, michelle obama's chief of staff made a call to the state attorney and tried to get the investigation transferred at the request of smollett's family to the fbi. that is remarkable coincidence. brian: so you think michelle obama should be

questioned? >> no, i don't know that michelle obama had anything to do with it. but when you're connected at that high of a level, there is a lot of people willing to do you favors. brian: rahm emanuel is connected at high level. rahm emanuel is the mayor. no one even told him. >> rahm emanuel not saying anything about it being a fix because michelle obama's chief of staff called. he knows that just as wells i do. he is very good friends with the obama. i herd somebody on shepard smith, i wish i knew his name, attorney, you know what the chicago police should do? the chicago police should sue jussie smollett for the hundreds of thousands of dollars investigative fees. the truth comes out in court. jussie smollett an innocent man, remarkably out of goodness of his agree to pay back investigative costs that he didn't cause. i think that's brilliant. i think that would actually work. also the fbi can investigate. steve: real quick. if they were trying behind the scenes to get it out of the

chicago cops hands and into the fbi's hands, what does that say about the chicago fbi? >> well it could be that a person that high up in politics may have some friend at the fbi but it could also be this request was made four days after he reported the crime. i suspect the police right from the outset knew this was bs. the handwriting was on the wall, they were not buying his story. they wanted to get it away from chicago police into the fbi who may not look at it seriously. but by the way, not just the envelope the fbi is supposedly investigating this crime that he reported could be wire fraud he used text messages to perpetrate the fraud. so the fbi could step in and investigate this for wire fraud. i really think they should. people every day are losing faith in the judicial system. it is really offensive. brian: yesterday was as offensive as any i can remember. ainsley: thanks, judge. >> always a pleasure. brian: jillian is never

offensive. jillian: i try not to be at least not get caught. brian: would you do the news? jillian: i would do that because you asked so gainedly. former vice president joe biden criticizes his role in anita hill's hearing n 1991 she testified she was sexually assaulted by supreme court justice clarence thomas. >> bunch of a white guys hearing, hearing this testimony, when anita hill came to testify she faced a committee that didn't fully understand what the hell it was all about. this is english ending juries prudential culture this is white man's culture. this has to change. jillian: biden was judiciary chairman at time of hearing. a man was stuck inside of a silo for eight hours. firefighters rescuing billy joe walsh got stuck in chest high gravel taking measurements. they believe he got sucked in

stepping on an air pocket. they had to vacuum the gravel out before hoisting him to safety. he is recovering in stable condition. maybe update to story we told but you yesterday, conor mcgregor's sudden retirement could be tied to harrassment claims. "new york times" reported that the ufc star is under investigation for sexual assault in ireland. it came hours after he announced his fighting career was over. his spokesman says there is no link between the retirement and the allegations. this police officer going to call of duty all the way to the dance floor. officer jackson, teaching the wobble, good. jillian: officer jackson showing kids how to do the wobble at a fund-raiser for the american heart association. teachers in syracuse, new york say she was a big hit. i bet she was. ainsley: that is the new dance, the wobble? jillian: i guess. i don't know.

steve: let's hope it replaces the floss. brian: thank you, jillian. ainsley: this teenage illegal immigrant is charged with killing a teacher in a crash. he was in custody two years ago but was let go. our next guest says the madness needs to stop now. brian: the media blasting president trump for meeting a russian at the white house. so who was it? stanley cup champion alex ovechkin. guy benson says the media looks ridiculous. that is coming up ♪ feel the clarity... of non-drowsy claritin... and relief from symptoms caused by over... 200 outdoor and indoor allergens. like those from pollen, pets and dust. because new memories start with dusting off old ones.

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fatal hit-and-run. investigators saying the 16 of-year-old suspect was previously apprehended in 2017 two years ago, but was released when he claimed asylum. the victim, sonya jones, was a mother of two at a christian school. she was also a teacher there. and our next guest says enough is enough. demanding action on border security. now he joins me now, alabama congressman, senate candidate bradley burn. congressman, thanks so much for joining us. >> good to be with you. ainsley: tell us what happened to this teacher, to this mother? >> just a terrible tragedy. she is minding her own business, driving her car. this 17-year-old illegal immigrant runs into her and kills her. he tries to leave the scene of the accident. he is so injured he can't. they apprehend him. now we find out he came into the country illegally obviously. then claimed asylum. hike so many people he tried to game the system. when he had a court date for the asylum claim he didn't show up.

now this happens. this is why the president is so insistent we build a wall, change our laws, so these incidents don't happen to innocent american citizens. ainsley: he is only 16 years old. you have said this is, every state is a border state. not a problem just at the border? >> absolutely. look what happened in mobile, alabama, way away from the mexican border. by the way we had two rapes by illegal immigrants in the northern part of alabama. doesn't matter where you live in america. these people can come into our country and harm us. now, he came across as a minor. we heard a lot about minors. minors can cause harm. minors can cause death. we need to have a system that protects everybody in america. that means building a wall, changing our laws so that people like him can't game the system and harm you and me. ainsley: is this why you supported the president's veto yesterday? >> absolutely. this was a no-brainer. by the way the vote was not close. they were no way they would

override the veto but they had to vote any way. for what? we're wasting time on meaningless votes like this, instead of supporting the president and getting money to him so he can build this wall. ainsley: right. >> if these incidents don't tell us anything, it should tell us we have a solemn responsibility in washington to protect our citizens. we failed this family and the friends of this dear woman who obviously did not deserve this. ainsley: no. >> we need to do something about this, do it today. ainsley: her kids lives are changed forever. her whole family's life. congressman byrne, thanks for joining us. >> good to be with you. ainsley: thank you. the media crying foul over president trump meeting with a russian at the white house but the russian, the captain of the champion washington capitals. guy benson, with a message for the media next. first let's check in with my friend bill hemmer. >> good player there too, by the way. good morning to you. if the smollett case doesn't make sense to you we'll try to make sense of it with alan dershowitz a few moments away.

we have idea when the mueller report goes public. our democrats chasing a russian ghost. jim jordan what we will learn next. we have a packed three hours. come join sandra, me in three minutes. top of the hour. the best simple dishes ever? great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at walnuts.org.

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benson and harp, guy bonn son. wasn't this over the top because ovechkin happens to be friends with vladmir putin. >> we'll be maring russia a very long time? look, alex ovechkin is is the capital of the washington capitals who won the stanley cup last year. for those who aren't sports fans. he was winner of the conn smyth trophy most valuable player this is time to come to the white house to celebrate what sports teams do when they win championships. he happens to be russian. he has a relationship with vladmir putin. some media outlets decide that was worthy after headline and story which is beyond parit, frankly. steve: from "the times," washington's most popular russian and his teammates honored at white house this is a joke. they're playing on the news of

the day, don't you think? >> yeah. look, i was someone throughout this entire process who was not pounding the desk about the deep state and calling this a witch-hunt. i was very much in the camp let bob mueller do his work. don't limit, don't interfere. see what he finds. we'll draw conclusions from that. now we arrived at that place. what is that place? no collusion, after 22 months, $25 million and unlimited investigation and for some people who are so emotionally invested in the opposite out come, it seems like they are just desperate to bring the russia story back no matter how farcical including casting aspersions on the stanley cup champion team captain being under the same roof as the president. it is ludicrous. brian: by the way he has reportedly vladmir putin's phone number. vladmir putin did get him a, did get him a wedding gift we understand. >> god forbid. brian: i'm sure you're talking about it on the radio. the democrats are not even

acknowledging the conclusion of the summary. they want to see the whole report. of course there was collusion. they are not even buying the verdict! >> we'll see the whole report minus certain necessary redactions. that is my strong opinion we should. my suspicion we will. that is what barr has said. that is what mueller indicated. if barr were in any way distorting the fundamental finding of no collusion i think we would have heard from robert mueller already. he corrected the record a few times when he feels hike things are unfair. if someone at very top of the government were misrepresenting what he found on collusion i think he would say something about it and he hasn't. brian: they're friend. >> exactly. steve: you look at the democrats they're talking about russia collusion, wait for it all to come out, guy at this point that is all they got. that is their only play. for so long they invested all their capital in the fact that this guy was a dirty president aligned with the russians. now they have been proven to be

wrong. >> some of them are clinging, but others are pretending like it never even happened. let's talk about health care. let's talk about other things. this doesn't matter anymore, as if the last two years never happened. they didn't really pump up this dark cloud hanging over the presidency for two years. that turned out on the fundamental central question to be baseless. the democratic party has a lot to answer for but as we've been talking about on the air for the last few days the media has been worse. that is where you're seeing a lot of broken hearts over the last couple days. people really grappling with a difficult reality, that the president is in fact legitimately elected, not a russian plant. brian: guy, thanks so much. we'll talk about health care. that does affect everyone. >> thank you. brian: meanwhile more "fox & friends" moments away unless i'm really mistaken.

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on his program tonight. make sure you check it out at 9:00 p.m. eastern time here on fox nation. >> stay up a little later for that. >> watch fox nation "after the show show" or watch the radio show coming up in four minutes. >> bill: good morning, everybody. breaking news on the release of the mueller report. we're learning the justice department will release details within weeks. how much of it we wait to find out the answer on that. closest thing we have to a working timetable. so more on that inside "america's newsroom" coming up here. a dramatic twist in a bombshell report we watched together live on the air. the fallout from the jussie smollett case continues. all 16 felony charges were dropped. did anyone intervene in this matter? many questions. >> sandra: good morning. ifm owe sandra smith. police union calling on the justice department to dig into an apparent connection