for animals, you are our midnight heroes every day for what you do. most-watched, most trusted, most grateful you spent the evening with us. good night from washington, i am shannon bream. >> a policeman yelling at the suspect's firing at each other. >> this is happening to us, you never think this is the reality. heather: the reality again. this is "fox and friends first" happening at 4:00 am on the east coast, fox news alert, high school horror. two students opened fire in the colorado school killing one and injuring eight others. the lightning fast response by police to arrest the attackers as one is identified overnight.

we are live from colorado. a big win at the border, the ninth circuit handing donald trump a rare immigration victory forcing asylum-seekers to stay in mexico. what it means for the push to secure the border. triple crown, the controversial kentucky derby winner just about out of the next race. "fox and friends first" starts right now. good morning. you are watching "fox and friends first" on wednesday morning. thank you for starting the day with us. we begin with that fox news alert. one of the gunmen identified overnight in the deadly colorado high school shooting. at least one person killed, eight others injured. the shooting rattling the community and was located miles away from columbine high school. jonathan hunt is live with the developments overnight. good morning.

>> good morning to you. devon erickson is the name of one of the two shooters according to police. releasing that name during the evening last night. he is 18 years old. the other shooter who has not been named by law enforcement is at least a year or two younger. during the afternoon and evening hours, not far from the school behind me here police searched a home. we believe that to be the erickson family home. at one point they were seen telling away car covered with very disturbing graffiti. they are combing through erickson's social media profile and the social media profile of the other alleged shooter looking for any clues as to what

drove the two students to bring mayhem to this school. according to witnesses. one of those shooters pulled a gun from a guitar case before they opened fire and two classrooms beginning an absolutely terrifying ordeal. the student and parents alike. >> everything that happened with columbine and the suffering that has happened, you never think this would be the reality. they want their friends to be protected. >> i started hearing police radio, police chatter, sounded like a kid yelling back and gunshot started in the hallway right outside my classroom. there was a policeman yelling at the suspect, they were firing at each other. >> reporter: all of this unfolding just a few miles from

columbine high school which left three weeks ago, marked the 20th anniversary of the shooting. heather: much more to come on this throughout the day. the stepfather of the missing 4-year-old girl raising eyebrows as police say his story about the so-called induction doesn't add up. darien vince claims melia davis was taken by three men who knocked him unconscious. investigators say that story changed several times, this comes as we learn melia and her stepbrother were removed from the family home in august for suspected abuse. child protective services started investigating after melia injured her head leading to multiple brain surgeries. ice arresting and illegal immigrant charged in a deadly drunk driving crash. mexican national was out on bail, accused of plowing his

truck into a california home while driving drunk, two parent in it and-year-old son died in that home. is 11-year-old sister is expected to survive. he will stay in ice custody until his immigration hearing. the us consent asylum-seekers to mexico. as they await their court hearing a federal appeals court making the ruling overnight. a major victory for the president has republicans meet at the white house to talk about his new immigration plan. griff jenkins joins us in washington as the asylum ruling faces challenges. good morning. >> reporter: i will tell you what is a surprise, victory from the liberal leaning san francisco-based ninth circuit court of appeals, frequently rules against the administration on immigration issues, now saying the administration consent asylum-seekers back to mexico. the policy known as remain in

mexico failed to account for the dangers migrants face south of the border. this ruling sites mexico's defense of migrant protections clearing the way for the policy to continue. the case could end up in the supreme court. the aclu, disappointed with the ruling issued this statement saying asylum-seekers are being put at serious risk as this continues, notably two or three judges heard this request found there are serious legal problems with what the government is doing so there is reason to believe this policy will be put to a halt. we will see. the ruling comes on the heels of a group of 12 gop senators over immigration and plans to change existing laws. martha maxell he has this to say. >> we had a good conversation about legalizing the system. we have an unsustainable crisis

at the border, loopholes in our laws have to be closed so we need democrats and republicans to work together to close these loopholes and secure the border. >> this afternoon border officials including the chief of border patrol head to the senate judiciary committee for hearings on this very issue. >> thank you, we appreciate it. national border patrol council president brandon judd has been on the frontlines of the immigration crisis and he says the ruling out of the ninth circuit of all places is an absolute game changer. >> it is a game changer. what we're seeing right now is the trump administration saying of congress is not going to step up to the plate and help. i will put you behind me and do what i need to do within the authority i have. the micro protection program allowing us to have migrants go back to mexico to wait for asylum hearings and allow local officials to do jobs necessary and sanctuary cities, this is a game changer this will allow us

to secure the border. this will send a message across the world that if you cross the border illegally we are going to take action and that's what's going to drive numbers down. >> the case will be heard by a lower court and could end up at the supreme court. there is this, house democrats will vote to hold attorney general william barr in contempt of congress today is the doj ways asking the white house to invoke executive privilege over the entire mueller report. if the vote happens, mitch mcconnell slamming democrats for refusing to accept the results of the russia probe. >> they are grieving, that the national crisis they spent two years wishing for did not materialize. the special health lapse finding is clear.

case closed. >> democrats are threatening to hold former white house lawyer don began in contempt if he refuses to handover subpoena documents. the white house ordered mcgann not to comply and we will have more coming up so stay tuned. turning to extreme weather you need to know about, at least one tornado rips through parts of western oklahoma overnight. a tornado warning issued in texas where firefighters rescued dozens including a woman in labor from high waters. hundreds of people left stranded in cars and flooded homes, nearly a foot of rain in parts of houston, some areas seeing damage worse than when hurricane harvey hit two years ago. we will have more on that with janice dean. janice dean who was there at the kentucky derby, there will be no change for the triple crown this year. the kentucky derby winner country house will not race in the preakness stakes due to

health issues, the first time the derby winner has not run in that race in 23 years. country house was named the winner when he was disqualified, maximum-security also will not run in the preakness. today is the day, the royal baby will make its public debut. the duke and duchess of sussex are expected at windsor castle and feeling the newborn's name for the first time. prince william and kate overjoyed with the news. >> i'm pleased. >> the sussexes announced the birth of their baby in a post on instagram. the royal couple insisted on

american media arranging for cbs's gayle king to be president who attended her shower. we will see. the time is 10 minutes after the top of the hour. a big legal win for donald trump on the crisis at the border. migrants seeking asylum will stay in mexico for now. what has to happen for democrats to get on board with the president's immigration agenda? we will ask barry lowdermilk when he joins us live. a rewrite of one of the most unexpected plot twists of all time. the curtain call for the game of thrones coffeehouse episode. i'v♪ ♪ like a drifter i was-- ♪ born to walk alone! keep goin' man! you got it! if you ride, you get it. ♪ here i go again geico motorcycle. 15 minutes could save you 15% or more.

who we are as people and making everybody feel welcome. ordering custom ink t-shirts has been a really smart decision for our business. - [narrator] custom ink has hundreds of products and free shipping. upload your logo or start your design today at customink.com. >> welcome back to "fox and friends first," donald trump granted a victory by the ninth circuit court, the, quote, remain in mexico policy that keeps asylum-seekers in mexico while their cases are tried has been upheld until a final ruling is handed down.

joining me his house financial services committee member barry lowdermilk. thank you for joining us in the great state of georgia. >> appreciate you having me on. shannon: how significant is this move for the president? >> it is huge, not just a win for the president but for the american people and especially surprisingly from the ninth circuit court. it also shows how public sentiment has been changing over time especially over the last several months where people are realizing there is a real crisis at the border on several fronts, humanitarian crisis, national security crisis. even a crisis in the judiciary system. >> all of that causing a financial crisis. let's look at what the ninth circuit court of appeals has said. we are hesitant to disturb this compromise a bit ongoing diplomatic negotiations between the united states and mexico. public interest favors efficient administration of immigration laws at the border. do you think this ruling will hold?

>> i think so but you can never tell what is happening these days when our colleagues on the democrat side seem to always go to the courts and challenge anything they politically don't care for that this president does but you are going to see this whole up and it doesn't take away from the fact that congress needs to act. congress needs to fix the loopholes that exist in the law and we need to ensure the security of the border. it is unfortunate the president has had to take these roots of executive action simply because congress will not respond. shannon: we can take a look at senators in attendance at the white house yesterday talking about the president on all of this, republicans senators. we need both sides of the aisle, right? >> we do. especially when you look at the makeup of the senate and their rules that require 60 votes to get virtually anything done. they need to be engaged at this point and understand the majority of americans understand

the we have a crisis. public opinion may begin to sway some of those especially those that represent red states or those in swing states. you may see them starting to come on as public pressure begins to build. >> the reports are coming out really disturbing to me of groups using these children over and over again as ponds trying to say they are part of their families when they are not, trying to get hold of that situation which is incredibly disturbing. i want to move to the second topic, dealing with the state of georgia. brian campsite the controversial heartbeat bill into law and it is one of the most restrictive abortion laws in the nation. what can you tell us about that? >> this is an incredible piece of legislation for the future of many unborn babies at this point. it is a very good bill with balance between the protecting of a woman's liberties but more

importantly providing a path for unborn children that are alive to be able to experience life and so the bill's arthur is a good friend of mine. he and i worked together in the state legislature in several pieces of pro-life bills and he has a lot of experience and it strikes a good balance and it is a victory all around for children. shannon: it outlaws abortion after 6 weeks of pregnancy, or when you can detect a heartbeat. georgia joined 6 other states that have passed a heartbeat bill. we can bring that up and 6 other states considering similar measures and when you talk about being even keel, the law provides exceptions in the case of rape, incest or if the life of the mother is in danger. >> that's rate and the critical part of this is the heartbeat

has been used in science for many many years as a detection of life. if you are in the hospital, having issues, checking for a heartbeat. that tell the doctor whether you are alive or not. these babies that have heartbeats have a complete circulatory system. you can take an image of a child at that stage of life and show it to a young child and they are going to identify that is a baby and the role of government, number one responsibility is to protect the rights we have been given, the right of life is the most paramount and this is simply extending to these children the same rights protected by law that every other georgian has. shannon: thank you for joining us, we appreciate it, have a great day. times 19 after the top of the hour.

lawmaker berates a protester outside planned parenthood. >> who would've thought an old white lady would be in front of planned parenthood telling people what is right for their body, shame on you. >> you doubling down. what he just said that has people even more fired up? carly shimkus has the outrage up next.

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critics, carly shimkus with serious xm 115 is here with the latest on the online backlash. so that was just a small portion of the nearly 9 minute video, brian sims posted to his parents account last week. they commented on the live streaming, they were largely supportive of the attack. but then angry comments started pouring in like this apology video, watch. >> i have seen firsthand the insults, the slurs, the attacks, the racism those protesters, mostly young girls going there, two wrongs don't make a right and i can do better and i will do better. >> this is not the first time he has publicly shamed a planned parenthood protester. a mother says he approached her and her daughters and a young

friend and tried to get their public information where they live on the internet. social media sounding off. look at this week. this lawmaker cares nothing about women. he is disrespectful and a disgrace. diana says rationalization for horrible behavior is not an apology. sims went viral because last year he welcomed vice president mike pence to philadelphia by posting a picture of him giving the middle finger. shannon: there's a prevailing attempt from people across the board tried to go viral the matter what and that is what he has been trying to do and it backfired. >> reporter: that video has been viewed 1.1 million times. you are right. many people say this is straight up.

>> reporter: going viral the matter the cost. charles payne inviting alexandria ocasio cortez to his townhall on the foxbusiness channel on capitalism and socialism. >> should be an interesting townhall. charles payne saying hello, hosting a townhall on capitalism and socialism next week on the foxbusiness network. i think this will be the central issue in 2020 and beyond and want to view all sides fairly. i'm inviting you to explain why democratic socialism is the best system for the united states. take a look at this. me waiting to see aoc on your next townhall next weekend another twitter user says love this idea. can i make a suggestion to have people of different ages and backgrounds in the audience to ask and show how the usa got to be the best country in the world? many forget how it was built, hard work and sacrifice. hopefully she shows up. would love to have her. >> i love the ideas of different ages in the audience as well.

she is fantastic. it is a must-see townhall in my opinion. thank you so much, appreciate it. 26 minutes after the top of the hour. attorney general william barr hitting beckett democrats demanding an unredacted report but isn't it time for america to move on? robert says this will only hurt democrats and joins us live.

heather: half past the top of the are. a look at top headlines. investigators trying to determine a motive after two gunman opened fire at a school in colorado. one person is dead and eight injured. one of those suspects identified as devon erickson was the shooting rattling the community

located miles from columbine high school. >> all the suffering. this is happening to us, you never think this would be the reality. you want friends to be protected. shannon: officials will be holding a press conference this morning. we can send asylum-seekers to mexico awaiting the court hearing was a federal appeals court making the ruling overnight. it was a major victory for the president after a lower court blocked the initiative last month was the case will be heard in a california court which consented to the supreme court. donald trump is headed to florida today, going back to the panama city beach area 7 months after touring storm damage in the wake of hurricane michael. the president will check on recovery efforts before holding a make america great again rally tonight.

the us is sending a navy hospital ship to help venezuelan refugees as they flee their crumbling country. hundreds of doctors and nurses will be on board as the ship heads off on a 5-month mission in june. allison barbara gives us an inside look at a refugee camp nearing capacity in colombia. >> 300 refugees live in these tents. 50% our children and dozens more arrive today. 3 little brothers arrived last week. they were in colombia up a couple months ago. >> has worked very hard selling candy to get money for bus tickets. >> they have nowhere to stay in colombia. kids and their mother slept on the street. >> it was uncomfortable situation because i would cry at night. i didn't want my kids to see me cry. >> it was bad but life in venezuela was worse.

>> if you get sick there is no medication and we were suffering of hunger. more often than not the days were filled with hunger and fear. >> it is that scary. >> there's a lot of crime happening there. people want to kill and steel for food. i was in sixth grade. how can i study if i can't eat and any second i could face because i wasn't eating. there wasn't any light, there wasn't any water. >> the un refugee agency open this and great assistance center two months ago which people consider highly vulnerable. everyone gets 3 meals a day. for the leland: nursing formal education center. right now over 400 people are on a waiting list. they plan to expand and double the number of tents in september. reporting in colombia, allison barbara, fox news. >> doing a great job reporting from there.

iran partially withdrawing from the nuclear deal, it will no longer provide restrictions on nuclear. this material. and a 2 month deadline for a new deal. mike pompeo is flying back to the us from iraq, the surprise visit coming as an american aircraft carrier is sent to the middle east confront iranian threats. >> where we can deter it. >> iran's nuclear announcement comes one year after the us withdrew from the deal kicking off sanctions. the doj to a brand-new threat against democrats over their demands on the mueller report. the department pinning a letter to house judiciary chairman jerry never writing, quote, in the face of the committee of threatened contempt vote the attorney general will be compelled to request the president invoke executive privilege with respect to material subject to the

subpoena. democrats say the contempt vote is still on. here to weigh in his former doj official robert driscoll. thank you for joining us. appreciate it. what were your initial thoughts on this? >> a classic dispute between the legislative and executive branch, no surprise. the second of wants to hold off certain executive privilege until they have to. the white house is at that point now. they are protecting the attorney general because he is between a rock and a hard place. if he releases what democrats what he is violating grand jury secrecy so he is complying with the law or subpoena, by asserting executive privilege, that would give another argument for doj, they don't have to turn it over and it would end up in court.

shannon: they have to know that and here is jerry nadler's response, this is not how executive privilege works. the to part with that legal arguments are without credibility, merit, legal, or factual basis. is a just a game going back and forth here between the two parties? >> don't know if it is a game. it is more of a branch dispute. someone like nanda or elijah cummings are on the opposite sides of the same argument during the obama administration between is a credit president and republican house. eric older was held in contempt of congress for not turning over documents and inappropriate use of executive privilege in the last administration. the side shift over time. they know this was likely to happen in their risk is if this goes to the court, it goes for a couple years while this gets

litigated. keeping it in the news now, if the president follow through and invoke executive privilege and they take it to court, politically the issue dies down for a couple years. heather: do you expect it to go to the supreme court and you referenced fast and furious, any precedent to let us know where it will go? >> it is difficult because you have to look at both sides, they want to make sure everything has been exhausted prior to a legal dispute. the presidents are back and forth. in this one, with william barr democrats are weaker ground because they are going after the sliver left of the mueller report, 99% is public and some redactions based on grand jury secrecy.

heather: i keep mentioning every single day never could go and read the on retired -- unredacted report right now which he is refusing to do. he hasn't done that yet. >> not sure the material in the rejected one, basically that is true. there are a number of battlegrounds on this issue, a number of witnesses, seems strange to me the democrats pick this as the hill they want to die on, seems like a week he'll frankly. there are better arguments to uphold the prerogatives of the legislative branch which they have a right to do but this doesn't seem the most productive fight to have. heather: mitch mcconnell in the meantime says case closed and he's calling for democrats to end what he says is there were tons of the trump russia collusion theme that has gone on and on since the beginning of this administration.

>> this is purely political from a pragmatic legal perspective. bob mueller, like him or not, the closest thing to neutral in this dispute. the fact he couldn't come to a conclusion on obstruction and said no collusion, that -- no one's mind will change, democratic investigation based on the same facts, democrats trying to convert a drive into soundbites by having congressional testimony where people read the report. purely political exercise. mcconnell has a point. democrats have every right to do that. the house is a political party and they want to score political points. the investigation at this point, mueller has done the

investigation, and the democrats wade in. heather: i don't think anything is going to change. on may 15th, and -- >> read his report. have a great day. heather: alabama state representative john rogers is running for senate despite enraging millions of americans with comments on abortion. >> you kill them now or kill them later. heather: he is doubling down on those remarks as he vows to reach washington. i love the lights. oh man, it's got a mean face on it. it looks like a piece of candy. look at the interior. this is nice.

this is my sexy mom car. i would feel like a cool dad. it's just really chic. i love this thing. it's gorgeous. i would pull up in this in a heartbeat. i want one of these. that is sharp. the all-new chevy blazer. speaks for itself. i don't know who they got to design this but give them a cookie and a star.

heather: remember the democratic lawmaker who said this about abortion? >> some kids are unwanted. you kill them now or kill them later. heather: he is running for u.s. senate. john rogers announced he will challenge democratic senator doug jones in 2020. he clarnor. >> it is really horrendous this administration is considering this. how you can sit there and say six times overfunded i don't know where these numbers are coming from. how can you predict this? every penny that is there is there for a reason to protect the men and women that are out there every day protecting residents of new jersey. heather: he must've been listening, murphy wants to preserve the $33 million he originally wanted to take from the century-old front. this is used to help families of fallen firefighters in times of need.

in just hours, uber and lift drivers will go on strike in major cities across the us. one of those cities philadelphia, lauren johnson from fox affiliate there, good morning to you and thank you for joining us. >> reporter: with the nasty whether it is a day that is really a motivator to call uber or lift. drivers are expected to be on strike. in philadelphia around noon, happening all over the country as you mentioned, new york city, chicago, boston, the strike is over paid benefits, just one day following the $90 million initial public offering, drivers say the road to ipos has been carried on the backs of workers for both companies and for years the right healing drivers complain about little pay and say their unfairly offered additional benefits, they are

classified as contractors instead of full-time employees, the plan is to turn off the apps in protest because the debate has reached a boiling point. founders from both companies they say are set to get rich while drivers just aren't being paid enough. we will the impact all over the country. at some point in philadelphia, that will happen right in the middle of lunch hour. heather: thank you for joining us. the time is 15 minutes until the top of the hour. women held back women in midterms. could happen again in 2020? we are asking a panel of female voters up next.

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heather: women voters flooding the polls and the midterms leading to a record number of females serving in congress. now six women are running for president in 2020 but will we see the same enthusiasm during the democratic primary? here is our voter panel. thank you for joining us. we appreciate it. what do you think? same turnout? will females be excited according to the private hearing? >> not at all. i'm not excited. the calls about the same old thing. you keep talking about collusion. we talk about late-term abortion, come on, let's draw

the line, killing babies? todd: 1 about that in terms of having policies to run on, the six female declared candidates for the democratic primary. >> pretty amazing out of 6 people with that difference. they are ordinary democrats. heather: kristin, look at the latest poll, the numbers of women, the female candidates, who is leading the pack? not surprising, elizabeth warren with 8%, kamala harris at 7%, amy klobuchar 2%, kirsten gillibrand followed by tulsi gabbard. marion williamson was not a part of this poll though she was one of the candidates running. does it surprise you that warren is in the lead? >> i'm happy she is in the lead. she was a tough candidate.

she is smart, she is experienced, wants to help middle-class americans. heather: i will ask you what i asked rebecca, the points on policy are strong enough, have you heard enough information, details on policies. >> we have a long way to go between now and the primary and the general election and i am excited to learn more about what the candidates will dance for their policies, not just women and men as well. it is premature, but you what we have to say. >> we have a long way to go. surprised a lot of people. half of the trump 2020 campaign

contributions are coming from female donors, $1.47 million in donations from women for the 2020 campaign. and overall, that puts him in third place out of 15 candidates in terms of total percentage of donations from women. does that surprise you? >> not at all. we support donald trump. what we don't think about or talk about because of the backlash we get from a lot of people if you are a trump supporter, we keep quiet but we are donating, working for him and doing everything we can. for the past two years has been hammered by the media, harassment by the media. him and his family. didn't get anything accomplished by congress because of trump collusion obstruction and, it's

get back to work, american women, we want to see our government work. heather: what about people being shamed in terms of supporting donald trump and not being able to speak about it technically but he has support for women, a lot of support. >> i don't think people are ashamed. people who vote for donald trump are proud to vote for donald trump. it is harder for women because they feel ashamed of not supporting other women but a lot of republicans, libertarians, don't care about identity politics or willing to say i will support whoever regardless of gender. heather: i don't think they are ashamed. i'm into being shamed by others for coming out publicly and speaking about it and kristin, to you.

identity politics, just because they are women, trying to play that part? >> society is becoming more and more someone's gender doesn't determine the job they should have, skills they have. i don't think women should run because they're women or women's vote for candidates based on their gender. let's not sell women short or men. we have a lot more men who understand and look at the content. >> we appreciate all of you coming and we will be right back.

>> hbo attempting to erase the past after brewing up controversy for leaving a coffee cup in a game of thrones scene, the network removing the cup from its platform in future podcasts. it was spotted by redit uses, the coffee was left by craft services. i watched the episode yesterday and i can confirm it is no longer there. thank you for joining us. "fox and friends first" continues, goodbye.

rob: this is a fox news alert. another tragedy in the colorado community forced to relive a nightmare. two students inside their high school. jillian: we have brand-new information on the suspect. a major win for the white house on immigration from an unlikely place. rob: the ninth circuit ruling helping the president handle the border crisis is what this means for his new immigration plan. >> who would've thought of old white lady would be in front of planned parenthood telling people what is right for their body? shame on you. jillian: the elected