ballpark by july 1st. most-watched, most trusted, most grateful you spent the evening with us, my son patrick graduated from high school today. heather: is friday, may 31st. happening at 4:00 on the east coast a fox news alert. crisis game changer. donald trump imposing crippling tariffs on mexico if the surge of illegal immigrants doesn't stop, the move as border patrol arrests 1000 migrants at one time. will mexico finally be forced to act. >> this is the behavior that reminds us how repressive and outrageous this leadership is in north korea. heather: going nuclear the brutal purge from kim jong un's staff after negotiations with donald trump went south.

can you spell controversy? >> we are in uncharted territory. run out of words that can challenge you. heather: the national spelling be ending that has everyone talking. "fox and friends first" starts right now. ♪ abc ♪ easy as 1-2-3 ♪ heather: stay tuned for the controversy around the national spelling be. to start your friday off, you are watching "fox and friends first" on friday morning, thank you for starting your day or ending your evening with us. we begin with a fox news alert.

the us tracking down on illegal immigration with a new 5% tariff on all mexican goods. this comes as new video shows a record number of migrants arrested crossing the border illegally. leland that hurt joins us live. >> reporter: the president says mexico has ten days to stop the flow of illegal immigrants from mexico into the united states or a 5% tariff goes into effect for all goods coming from mexico into the united states. according to the white house the threat doesn't stop there. >> incapable or unwilling to assist us in resolving the situation on the southern border. that tariff will go to 10% on july 1st. 15% on august 1st.

20% on september 1st. 25% on october 1st. >> reporter: this comes as border patrol announced they put out a video of a group of 1000 central american migrants apprehended in the el paso sector coming across the border, the biggest apprehension in us history. from the white house, mexico must step up and solve this problem. we welcome people who come to the united states illegally but we cannot allow our laws to be broken, borders to be violated. for years mexico has not treated us fairly but we are asserting our rights as a sovereign nation. this is not the first time the president has threatened mexico over the border. talk about closing the border, shutting down all trade and the president backed down, even staunch supporters of the president like chuck grassley not sure about this, trade policy and border security are

separate issues. this is a misuse of presidential tariff authority and counted congressional intent. democrats in the homeland security committee tweeted the president of the united states's of you lack of understanding when it comes to immigration and basic economics, this is asinine. the markets are not happy either about this. dow futures, overnight reaction ahead of "the opening bell" are down sharply and this only adds to the uncertainty, trying to pass a revision to nafta known as the us mca. heather: in different ways impact the economy, illegal immigration and trade talks. thank you so much. we will talk about that coming up. donald trump and kim jong un's failed summit may have had deadly consequences. the north korean dictator executing at least 5 officials, executing them after talks fell

apart in hanoi. the report also accused kim of sentencing im yong cho to forced labor and ideological education and sending his translator to a prison camp for making mistakes. south korean officials would not confirm that report. just when it looked like kim jong un was turning a corner, gerald jack -- general jack keane says this is a stark reminder what the us is dealing with. >> this is the person kim jong un has enormous confidence in, chief negotiator for them, visited the white house and he put the deal on the table for the north koreans. they put the deal on the table, pretty much the same deal they had done with previous administrations, we will give up a little in return, we will get sanction relief. it didn't happen, donald trump said no. certainly this is the behavior

that reminds us how repressive and outrageous this leadership is in north korea. terrible expense, good reminder to us what we are dealing with. heather: north korea has conducted 3 missile tests this year and denuclearization talks remain at an impasse, there is no indication from the trump administration when they might start up again. attorney general william barr speaking out about robert mueller not reaching a conclusion whether donald trump obstructed justice. >> i felt he could have reached a decision. >> could have reached the conclusion. you can't indict a president while he is in office but he could have reached a decision whether it was collectivity. >> in his summary of the russia investigation ilium barbara there was not enough evidence to charge the president with obstruction.

donald trump tweeting about the former special counsel saying robert mueller came to the oval office along with other potential candidates seeking to be named director of the fbi. he had artie been in that position for 12 years. i told him no. the next day he was named special counsel, a total conflict of interest. nice. we will talk about that coming up as well. in the meantime tears, smiles and hugs as eddie gallagher walks free from custody in california. the military judge releasing him citing interference by prosecutors in the case. todd pyro joins us live with more on what they are saying just weeks before the war crime trial. >> reporter: rogue, relentless and unlawful cybercampaign led to gallagher being freed ahead of his trial. the military judge saying prosecutors were interfering with gallagher's sixth amendment right to counsel. a gallagher's attorney going so far as to ask the entire case to

be thrown out accusing prosecutors of embedding tracking software an emails trying to root out to the media. gallagher's wave speaking outside the white house moment after his release. >> my hope is this will bring light to all the injustices taking place in the uc mj and their needs to be a widescale change for military servicemembers. >> the navy seal will get to go home as he awaits his june trial. the 39-year-old pleaded not guilty to stabbing a teen and denied shooting two civilians and opening fire on crowds. this comes as donald trump is preparing to pardon gallagher and other servicemembers accused of war crimes. >> some of these soldiers are people who have fought long and hard. we teach them how to be great

fighters and then when they fight, sometimes they get treated very unfairly. >> reporter: the of the idea of a pardon has split the community, something treatment of gallagher is unfair and others say they are justified for what he is accused of doing. a story we will pay a lot of attention to come june. heather: the isis member was a bomb specialist. right now mandatory evacuations as a levee fails near the mississippi river. people in west quincy, missouri getting to higher ground, days of rain. we have been showing you the images causing rivers to swell across the midwest, south and planes. you can see the water flooding an area near lsu in baton rouge. on the east coast, this happened. a tornado ripping through maryland outside baltimore. nearby delaware, powerful winds knocking out trees and leaving thousands of people in the dark. our prayers with all of those

folks. the national spelling be doesn't have a single champion. it has eight, indiana historic thai. >> we are now in uncharted territory. we do have plenty of words remaining on our list, but we will soon out of words that can possibly challenge you, the most phenomenal some. of super spellers in the history of this competition. heather: the competition crowning eight go champs for the first time in his 94 year history. the judges had no choice after running out of challenging words for the kids. we will meet all eight winners live in our 7:00 hour of "fox and friends". that is something. 10 minutes after the top of the hour, attorney general william barr says robert mueller could have reached a conclusion on

obstructions so why didn't he? a former doj official takes us inside the decision. this swimmer has no idea there is a shark coming right for her. the video that will make you think before going in the water. ♪

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he could have reached a decision. whether it was criminal activity but he had reasons for not doing it. rodriguez and stein and i felt it was necessary as heads of the department to reach that decision. heather: william barr revealing the former special counsel, robert mueller, could have made a decision on obstruction of justice himself. why was the russia probe so focus on obstruction? here is robert driscoll, thank

you for joining us, we appreciate it. let's begin with the latest comments from william barr. he could have made a decision. why did he not? >> it is perplexing. his logic was circular. he said we can't charge the president so i can't reach a decision. but he made a decision with respect to collusion or conspiracy. there is no reason to do the work at all if you're a special counsel and can't charge the president and can't make a decision. it doesn't make a ton of sense. i think he was striving for some type of fairness to say i can't make the decision because if i charge him he wouldn't be able to respond but i don't think it is anybody to lay out the facts he did. that had the same risk. he was a tough position in terms

of what to do but the attorney general had it right. there is nothing stopping him from reaching a collusion -- conclusion. we think there's enough for an obstruction case but for the olc opinion it is up to the attorney general to decide. heather: people looking from the outside in, that would have been the logical thing for him to do but he stopped short, some alleging he did that to play both sides. at the least he could have used the term guilty just once but he didn't use guilty one time and people comparing that to kenneth starr who used 11 times in reference to bill clinton. >> different independent counsel statute. i get the point for sure. unfortunately for robert mueller who has a reputation in washington, this whole affair is

coming off as comey ask, the problem that hillary had in the 2016 campaign. we are not going to charge her but while i am here let me lay out these bad things she did. it is similar to that and the attorney general is doing his best, but he made the call. congress can do what it wants to do. congress's impeachment ability doesn't hinge on robert mueller. they can do it without him. regardless of his findings. the attorney general is doing his best to bring clarity to the situation, give a doj answer. heather: you were with the doj from 2001-2003. from your perspective looking in, the comey like behavior from

robert mueller who was in charge of the fbi from 2001-2013, he reapplied for that position with the trump administration and was turned down but became special counsel. do you think there are shenanigans going on? >> i don't. the reality is the statutory bar on robert mueller being the fbi director again, he served 10 years and that is the limit so he is statutorily ineligible to do that. the reports consulted with ethics people and found out. that is the problem. the real problem, when prosecutors in general terms charge someone or shut up them. granted it is different when it is the president but unfortunately fell victim to the same problem comey did, this is

special in the country needs to hear from me. you are always at risk when you do that as a prosecutor of saying i usually follow the rules but this time i will freelance it, dangerous thing to do. heather: the country needs to hear from me but also saying the report will speak for itself. both sides, thank you so much for joining us. we appreciate it, have a good day. the time is 19 minutes after the top of the hour. hillary clinton is hardly a cyber experts, she said so herself. >> with a cloth or something? >> did you try -- >> i don't know how it works visually at all. the 20 how did she score the keynote gig at a cyber summit? carly shimkus will try to answer that question. some really good questions. guys, get in here!

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and see the secret life of pets 2 in theaters. heather: robert they niro teaming up with former prosecutors calling for donald trump to be invited over the mueller report. >> you may have seen me on saturday night live as a certain federal prosecutor. that was acting. >> this is and even a close case. >> if you or i did what donald trump did we would be facing prison. heather: carly shimkus is here with a reaction. it is not a surprise, he played robert mueller on saturday night live, no fan of the president. he appeared with a group of prosecutors that served and are republican or democratic

presidents who say donald trump could be indicted on obstruction of justice charges. robert mueller didn't come to that conclusion and william barr says he made it clear that it wasn't just because of the olc agreement. around and around we go. a lot of reaction in this video particularly from the right side of the aisle. at least 1000 more prosecutors who say there is no crime. jack tweets movie watchers think denny rowe should stick to making movies. anthony chiming in the nero says it, it must be true. if you can trust an entertainer's view on politics who can we trust? a petition signed by 1000 federal prosecutors created by a group called protect democracy. heather: we will see who has a problem with what robert they niro thinks. alyssa milano and john voigt.

her campaign had issues because of cyber security choices but hillary clinton was a speaker at a cyber event coming up. california-based firm fire i announced hillary clinton was going to be a speaker at an event coming up in october. social media having a field day on this one. jeff says how to delete your emails effectively is the subject. patty says we would love to hear her explain cleaning data off a hard drive. christopher says cyber experts could protect 33,000 emails better than hillary. remember about her server and wiping things? she does attribute her loss to a cyber security loss by russians. heather: like the one about the hammers.

carley: wrapper performs for elementary school students and they love it. you've got to watch this video. ♪ carley: i love it. the perfect friday video. the number one song across the country. the reason he went to mayfield, ohio, landers elementary school, the fifth-graders created this viral video performing his song and he decided to perform the song for them. seems like a really cool guy. this is a moment they will never forget. heather: he performed with billy ray cyrus. carley: the song of the summer for sure.

heather: donald trump hitting mexico with escalating tariffs. will this finally for some to help stop the crisis at the border? new development in the jussie smollett case, chicago police releasing 400 pages of documents. "fox and friends" all-american summer concert series kicks off today. stick around for the eli young band performing live. - in a crossfit gym, we're really engaged with

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. julie: are watching "fox and friends first". donald trump and kim jong un's failed summit may have had deadly consequences.

the north korean dictator executing five officials after title apart in hanoi according to self korean media. the top nuclear negotiator reportedly undergoing hard labor. navy seal eddie gallagher set free in california, military judge citing prosecutors interfering with his right to counsel, charged with murdering and injured isis prisoner. his trial is set to start june 10th. mandatory evacuations underway as a levy fails in the mississippi river. near the illinois burner people getting to higher grounds. more tornadoes on the east coast, one twister ripping through maryland right outside baltimore. donald trump threatening to impose crushing tariffs on imports from mexico if the border crisis is not fixed. is giving mexico until june 10th to stop the migrant surge or face a 5% tariff on all goods

and that number could get as high as 25%. was forced mexico to ask? here is kelly ward. thank you for joining us early this morning, we appreciate it. what do you think? will this work? will this ticket to act? >> reporter: we have to have a carrot and stick approach. we tried the carrot. notify for the stick. we've got a crisis on the border. people are flooding that border, overwhelming towns like yuma, arizona. the resources are not there. now the president is taking a hard line. i want to have great trade relations with mexico. arizona and mexico trade is very important but we can't allow passive cooperation that mexico is participating in as people cross from central america into my state come into our country. it is not just a crisis in arizona. it is a crisis all across this

great nation. heather: we talked about the humanitarian crisis. in terms of it also contributing as an economic crisis, people saying the president is using trade policies with this immigration policy but immigration, illegal immigration specifically i would imagine in arizona impact your state. >> it does. it impact every aspect of our society. i am a physician. i see it every day in the healthcare arena. effector education, public safety, the judicial system. everything is overcrowded because people are coming here the wrong way. we are the most welcoming nation in the world for people to come here the legal way. for people to skip the line the way so many people are trying to do it this time is unconscionable. i'm proud of donald trump for what he's trying to do to secure the border and maintain our

national sovereignty. heather: all those folks trying to do it the legal way and you have these folks trying to jump the line. the white house issued a statement regarding this. if mexico fails to act tariffs will remain at a high level. companies located in mexico may start moving back to the united states. that could potentially impact yuma, arizona and that would be a good thing. >> we welcome business in arizona. we are one of the most business really states. a republican legislature, for making our state hospitable to business. i want to maintain great trade with mexico, i want united states workers and united states businesses to thrive. heather: agents arresting 1000 illegal immigrants in a record-breaking -- we have the video which is really unbelievable from el paso, the

largest bus in history, border patrol agents in arizona overworked all along the border. what are you hearing? >> i'm hearing from border patrol agents that they are overworked, over strained, beyond capacity for what they need to do. too many of them are divergent from what they need to do which is being on the border stopping people from coming in illegally in the first place. now they are doing paperwork, processing, babysitting, picking up refreshments for people who shouldn't be in the country in the first place. we have to put a end to it and support our great men and women in border patrol and make sure they have the reinforcement of a need and one of the first steps to do that is secure the border. i have always been a fan of building the wall. we have to use technology, empower our border patrol and get congress to act to make the

laws necessary to stop this madness. heather: thank you for joining us. some major developments in the jussie smollett case. chicago police releasing hundreds of documents from the empire actor's so-called hate crime investigation. aishah hasnie has the latest on the fight for a special prosecutor. >> reporter: 160 pages of case files, but one important nugget here. just days after jussie smollett's arrests prosecutors told police he probably wasn't going to jail. he was arrested february 21st accused of lying about being the victim of a racist anti-gay attack but by march 26th prosecutors dropped all charges, from chicago's mayor to the police department. jussie smollett's team requested all case files be sealed but the judge decided against that.

those files reveal on february 28th, nearly a month before jussie smollett's charges were dropped, chicago detectives were told by prosecutors they no longer needed to investigate the crime and there was a good chance of the case being settled to the tune of $10,000 in restitution and community service. sound familiar? that is what happened. >> i don't think they thought that would be true. it was a state attorney's opinion but they were concerned about putting it in the report. i don't believe i ever had a state attorney tell the police to stop investigating the case which is what occurred in this case. heather: retired judge sheila o'brien sending a special prosecutor to investigate why those charges were dropped. kim fox recused herself from the case, opposing that idea completely. her office saying she asked the

county inspector general to investigate and calling for her to step down because she can't do her job and prosecute. hundreds of pages of detective notes and even video should be released in the next two weeks. we will see what that entails. heather: nowhere near the end. terrifying moments at a theme park in england. a 6-year-old boy falling 30 feet out of a roller coaster. witnesses say he was hanging backwards from a car before dropping to the ground. emergency crews airlifting the board to the hospital. miraculously he is expected to be okay. he was on a roller coaster called twister. it will be closed until a full investigation takes place. major league baseball about to address fan safety one day after a child was hit by a foul ball. the club has significantly expanded netting and inventory

of protecting states, last season all ballparks expanded their protective netting at least to the end of the dugout. getting past that point, down the line. her condition is unknown. so upsetting. 20 minutes until the top of the hour. netflix and disney's stance on georgia's abortion law open the floodgates for other studios now threatening to pull production. tucker carlson is pulling back the curtain on the motives of the production company. ♪ should i stay or should i go ♪ hing is beautiful. 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.

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heather: more media companies threatening to leave georgia over the state's pro-life legislation. warner media and nbc universal, big-time corporations considering stopping business

and production in georgia if the state bans abortion once a fetal heartbeat is detected. it is expected to become law next year. netflix and disney were the first to consider leaving the state. georgia is one of the most popular tv and movie shooting locations outside hollywood. a lot of folks who live in georgia dependent on those jobs. what do production company stand to lose by moving out of georgia? tucker carlson of tucker carlson tonight says it is about rights, not about rights, it is about power. >> marco polo in malaysia in case you haven't visited malaysia recently, being gay is a crime, most of the country is under sharia law just as it is in colombia where netflix filmed its shown arcos but the company didn't seem bothered by that. disney just filmed its upcoming live-action mulan film in china, in a police state where huge

parts of the internet are banned and people are executed for having the wrong opinions, and abortion is mandatory. kit disney and netflix are not worried about everyone's rights no matter what their facts claim. their only concern is power. heather: your thoughts pouring in. one person tweeting i agree with him. entertainment companies choose to boycott these states, with americans, our own voice, can boycott these companies. on facebook, we dropped netflix recently and will never get it again. one person and instagram, yes, that is insane. keep your opinions coming in. 15 minutes after the top of the hour. graduates subjected to increasingly political messages at their commencement ceremonies. >> we are witnessing an assault on the rule of law and foundations of our democracy. >> we have to correct the danger to our democracy. heather: what happened to

messages of inspiration it is this what grads really want to hear? we will debate next. ♪ celebration ♪ celebrate and have a good time ♪ hey! i'm bill slowsky jr.,

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>> we are witnessing an assault on the rule of law and the foundations of our democracy. we have to correct the danger to our democracy, the growing disparity of income in our country present. >> my generation has failed you. we spent too much time debating. heather: democrats using college commencement speeches to push political agendas. is this the new norm or are our nation's leaders hijacking the

location? democratic strategists antoine seawright. let's get started here. are they really taking the moment away from these grads and making it about themselves? >> it is supposed to be a moment for them to celebrate. they just graduated college but where's the optimism? liberals are hijacking these commencement speeches? the economy -- >> to hear this type of message, to hear about things, record low unemployment. it should be about opportunity, looking forward and so many students in the audience, libertarians, conservatives, hearing the message in the classroom the past four years. heather: they can turn on any news channel with the exception of fox news and see these opinions spouted over and over. would you want to attend a graduation, nancy pelosi lectures you about immigration

reform? >> republicans have been giving commencement addresses for a long time and it is only a problem now because you have people giving graduation speeches talking about the current political fight and these graduates have to operate in. graduation speech is supposed to be inspirational but also a reality check reminding graduates what they will face when they get into the real world. whether you are democrat or republican the way things are going in our society, not sustainable long-term and these graduates need a wake-up call because their reality, before graduation their reality post graduation is totally different. heather: you mentioned conservative speakers. mike pence was supposed to speak to the evangelical christian school taylor university and students walked out on him and

donald trump speaking yesterday, here's what he had to say. >> nothing will stop you, nothing will stop the u.s. air force and with your help, nothing ever ever will stop the united states of america. heather: the president at the u.s. air force academy stayed on message and not only did he do that but stayed afterwards and shook the hands of every single one of those folks. >> to what antoine said this is not sustainable. the economy is humming. >> students, you look at the ratio of conservative, libertarian versus liberal professors it is 12:1. >> that has nothing to do with anything. >> they are tired of that message, they have been getting it for four years, they want to

hear something refreshing. >> let me remind you of a few things, the students walking into the real world after graduation are facing an economy that will not work for them. high student loans, the cost of college tuition that has not been addressed and this president hasn't made a point that they turn on the tv -- if they logon to twitter or checkout any of donald trump's normal press conferences the donald trump we saw the two seconds clip of is a totally different one than the normal donald trump we see every day and these students need to do that. that is the reality. heather: are you assuming every one of these graduates in every one of these situations are liberal minded students? >> never said that. what i am assuming is they will have to go into the world to

face a world that is totally different than they first signed up for college four years ago or eight years ago and because of that they need to know the challenges they will face in a graduation speech and painting a picture of the world you face. >> we live in the most prosperous time of american history, we need to enjoy it. there are also opportunities out there. >> i am optimistic about 2020. that is my optimism. heather: thank you for joining us. 8 minutes until the top of the hour. graduation can be an exciting milestone even in kindergarten. look at this enthusiastic student's reaction that might make you want to go back to school. stop the press, ted cruz and aoc agreeing on something? what has been reaching across party lines. ♪

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heather: a live shot of fox square outside our studios in new york city.

the eli young band playing for the all-american concert series. if you're in the area head down, it is lots of fun. we have some barbecue and listen to some good music every friday. unlikely duo in washington, senator ted cruz saying he agrees with a proposal by representative alexandria ocasio cortez. the pair finding common ground after the new york congresswoman calls for a ban on lawmakers becoming lobbyists. ted cruz says here's something i don't say often. i agree with aoc. ocasio cortez responding she is open to passing a bill with a republican senator. democratic voters want their candidates to take part in a fox news townhall. that is what 78% think according to this new poll despite opposition from two major players, senators kamala harris and elizabeth warren. others including bernie sanders and pete buttigieg have had townhall's or agreed to one.

kirsten gillibrand sunday night at 7:00 eastern time. time for the good, the bad and the ugly. a 6-year-old is overjoyed to graduate kindergarten. [cheers and applause] heather: joseph stephen junior excitedly waving his diploma in the air and jumping up and down in maryland. congratulations. a massive shark near swimmer off the coast of florida. a man recording the frightening clip looking at the beach from a balcony in panama city beach. she appears to have no idea the giant fish was right underneath her. the woman eventually managed to

safely get back to shore. the ugly. failed rescue caught the city $7500. you can see, trying to reach hattie who said in the bridge for six dave. after hours the crew vowed to return only for the cat to return home on her own. that wraps up this hour of "fox and friends first". have a great weekend, "fox and friends first" continues, goodbye. rob: it is friday, may 31st, stunning new video thousand illegal border crossers flooding through loopholes in the system and across the southern border. jillian: donald trump has a message for mexico, do your part of pay up. we are live in washington. the brand-new tariffs just announced overnight.