and suspended in the wake of two debbie crashes. finally the ugly, just had one job. in traffic sign got driver's attention on the road in this california city. they blame the mistake on contractors hired to pay the word stop on the asphalt. time for us to stop and for the next hour of "fox and friends first" to continue, see you later, goodbye. >> bob mueller better be prepared because i can tell you he will because examined for the first time. >> i don't think the special counsel's office would characterize it as an unfriendly subpoena. jillian: a fox news alert, one of the biggest hearings washington has seen in decades, the subpoena war just went nuclear. rob: lawmakers will sink their teeth into robert mueller and the nation will have a front row seat.

the house had a late night passing an emergency border funding bill. jillian: where is that $4.5 billion going and will it survive a showdown in the senate? we are live in washington. >> we get a happy meal? jillian: how much cash would you cough up to get your kids to stop crying? rob: the length some will go to for peace and quiet. "fox and friends first" continues right now. ♪ i don't care. ♪ i don't care ♪ i got a feeling a summer day when you were gone ♪ i put my car into the ditch ♪ i let it go ♪ jillian: look at that.

i can't dance so i would never count what i do as dancing. rob: 5:00, you are watching "fox and friends first" wednesday morning. jillian: thanks for starting the day with us. let's get to this fox news alert with robert mueller will testify on capitol hill next month, donald trump tweeting overnight presidential harassment. house democrats issuing a subpoena from mueller who said his report was his testimony. rob: democrats expected to grow mueller on his finding of no collusion, their confusion over obstruction and what role william barr played. the president's attorney said republicans have questions as well. >> republicans have the right to answer questions, ask questions, hard questions. somebody is not telling the

truth. we will find that out. when you put that in the context of everything it will be an interesting hearing. i don't think the conclusion will change anything but what happens here. jillian: in addition to asking questions about peter stzrok and lisa page they will grow mueller on the unverified steel dossier used to dig up dirt on the trump campaign. rob: robert mueller's testimony filled with fireworks. jillian: alan dershowitz says the hearings will show how democrats are chipping away at american civil liberties. >> i am a liberal democrat. i'm on the democrats side. i'm trying to stop them from shooting themselves in the foot and to protect civil liberties of all americans. if they can do this to the special counsel they can do to any prosecutor. everybody is at risk from this democratic ploy. let's go back to the traditions this country was built on instead of trying to create new ways of politicizing the kernel

justice system. tomorrow against the democrats, day after tomorrow against you. where is the american civil liberties union? dead in the water, we don't hear from them. we have to stand up for the rights of all americans. jillian: is this presidential harassment or will we find out something new? rob: looking forward to him answering republican questions, then did you know there was no colluding with russians by trump by day 30 and why did you wait to tell us? jillian: democrats walked into the trap. any question they asked authority been answered in the report. republicans have tens of questions that aren't in the report. rob: and instagram mark says just trying to keep this alive as long as they can. the house passing a $4.5 billion emergency funding bill to address the crisis at the southern border.

jillian: just days before was leaves for july 4th recess. >> breaking all of this down, good morning. >> reporter: there is hope, some version of the border impact but right now a battle between the two chambers of democrat led house striking first along party lines 230-195, nancy pelosi lacked the votes yesterday with this emergency. >> the situation is child abuse. it is an atrocity that violates every value we have not only as americans but tomorrow big. >> reporter: policy made modest changes to overcome objections from members holding out. alexandria ocasio cortex, iona presley, rashida tlaib and 3 republicans across the aisle to supported. brian fitzpatrick, chris smith, not is up to the republican-led senate to pass their version

which unlike the house, and they both provide critical funding for migrant children and families no funding for a wall. majority leader mitch mcconnell firing his troops up. >> will pass time my democratic colleagues stop standing in the way of letting senate get this done. rob: they passed their version today but the clock is ticking and that takes time in conference and congress is slated to depart and tomorrow afternoon no guarantee the president will sign it. rob: it seems it is impossible to get this done. we will see. thank you so much. jillian: two service members killed in afghanistan over night. it is unclear whether they died in combat. they have not been identified yet. there does come hours after mike pompeo made a surprise visit to

the war zone. hoping a peace deal with the taliban could come before september. a sheriff's deputy trying to protect his community. police say troy chisholm was shot responding to a disturbance in rural illinois, a 4 year veteran of the fulton county sheriff's office and emt. it is unclear if the gunman is in custody. the 23rd officer shot and killed in the line of duty this year. rob: police releasing the last known photos of a missing college student, these surveillance images show mckenzie at the salt lake city airport before she took a lift to a park at 3:00 in the morning and seemingly vanished. lift obtain a search warrant, to search her cell phone records and hope to find out more about her dating life. the estranged husband of a missing connecticut mom is doing court fighting for custody of 5 kids.

he is out on bail facing charges connected to jennifer and that could be revoked after he defied a judge's order across state lines, jennifer has not been seen since may 24th and her body has not been found either. police wrapped up the search of the trash planned. >> elizabeth warren will visit unaccompanied minors at holding facility in florida before the debate tonight. massachusetts senator set to take center stage as the lone candidate currently polling in double digits. rob: then she crushes front runners joe biden and bernie sanders in a nationwide straw poll topping moveon.org's left-leaning sampling as first choice. nearly 38% for elizabeth warren, more than 20 points ahead of bernie sanders who is now second-place, joe biden

third-place, that is something else. just 6% back in december. warren may be standing out among presidential hopefuls. >> republican strategist colin reed says she has a tough decision who to target tonight. >> elizabeth warren is surging in the polls nationally and in the early states. where i think she got an unfortunate break from her point of view is in the debates. now that she has this moment she can be on top and have a bunch of people on that stage, very little to lose because their campaigns are coming to a end. what i'm interested in watching is who does elizabeth warren go after? does she go after donald trump or does she take shots at joe biden? heather: they have butted heads on major issues dating back to the 2000s. from the house floor, lawmakers

face charity at the 57th annual congressional baseball game? >> they will take the plate at national spark were republicans hope for losing streak against the democrats, won the last of 10 games. >> happening two years after steve scalise was shot during congressional baseball practice. louisiana republican making a full recovery and will play tonight. carly is there. >> 10 minutes after the a prosecution rests. noticed the defense's turned to make their case in the case of eddie gallagher with prosecutors experts testifying to lack of evidence. and army captain who served with eddie gallagher said this is a slanderous disgrace. he will join us live. >> reporter: bernie sanders encouraging supporters to define law enforcement, how the democratic socialist tried to tip off illegals to upcoming ice

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rob: the war crimes trial of eddie gallagher taking a shocking twist, expert witness admits there is no evidence of establishment on this isis fire gallagher is accused of murdering. jillian: the navy refuses to drop the charges, when veteran calls the trial disgrace. rob: tyler merit joins us to talk about this, this case has fallen apart for the prosecution. >> reporter: as it should because they went after an innocent man, the same with the rest of the family since the beginning. when the truth comes out all of this will start to lead down the path of what we hope is fool acquittal.

jillian: let's look at this graphic talking about the pathologist admitting no evidence of establishment. i'm not going to read the whole thing. there is no evidence that the stabbing occurred. how did this happen? how did we get our to i saw him stab to there is no evidence, physical or photographic that this stabbing record? >> former special operations aviator on an avid day. i'm not a forensic consultant but i would say i have seen my fair share, someone who has stabbed someone and an incredible amount of blood. and the body was never recovered. and during the incident, the pictures and the videos, there's not a lot of blood present and

one of the witnesses, the blood was coming out, maybe vomiting and that was not the case with the small metaphysical events we have that exonerates chief gallagher. it doesn't show anything other than individual trying to help the wounded enemy combatant when there really was no help coming to him. of his personal lives he would have been tortured and killed, he died and his body has been discarded. rob: worry you blown away when the prosecutors called that -- their own witness testified that he in fact killed this 15-year-old should? >> i can definitely attest the feeling of overwhelm and joy came over most everyone there. >> how did they let that happen? >> they had a clear narrative they had their guy within the first 48 hours. they had gone down this path of

convincing other witnesses eddie gallagher is your guy. tell us how he did it. now question how did this individual die? that is one simple question. if there was murder what was the cause of death? was a establishment? it was asphyxiation. conveniently after he was given that. jillian: let's look at this from the navy spokesman brian o'rourke. the government will not be dropping premeditated murder charges against chief petty officer gallagher despite scott's testimony, the credibility of a witness is for the jury to decide. are you disappointed? >> the case has been disappointed especially the news of iranian aggression. this is when you look to see your military -- recruitment command is able to get young and vigilant, they want to serve 20 years in combat as that he has

and now you see not only are we turning our backs on eddie but attempting to smear his good name. this is an individual who embodied -- he deserve so much more than we are doing now. rob: seeing this play out at a public trial in our court system our government teaches people to be warriors and killers and when they make a mistake is this the proper venue to deal with it? >> absolutely not. they need a complete overhaul. there are individuals like eddie going through similar things and as you pointed out we do ask people to go to bed places and do bad things with bad people and when we return we want to armchair quarterback them. it he didn't do anything wrong. he attempted to save the life of dying wounded combatant. the individual we targeted that day in a coordinated strike to

drop bombs on him and killed his friends, he happen to survive a few more hours and debating sending an individual offered jail for the rest of his life. imagine you're a family member and said your husband off to war. you would have never thought your children are taken out of the house at gunpoint and your husband send to prison for 8 plus months and still fighting for his life. this is a travesty, all charges will be dropped and i hope donald trump steps in. jillian: we will be following this for sure. it is 19 minutes after the hour. a home goods company is staging a major walkout today because they don't want their products furnishing migrant shelters. rob: how does that help the problem? details you might not believe coming up. ♪ yeah

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simple, easy, awesome. go to xfinity.com/moving to get started. rob: way for employees are staging a walkout today protesting their company selling furniture paid for by the trump administration to make migrant detention centers more comfortable and livable. more than 500 employees want the proceeds from this $200,000 order to be donated to a nonprofit supporting immigrant families instead. it helps them detain more migrants. the protesters starting a way fair walkout twitter page. way fair says they will not cancel the order. bernie sanders trying to tip off illegal immigrants about potential ice raids, using his campaign to warn voters last

week. sanders's latino press secretary asking them to spread this information in the community and encourage people to know their rights. jillian: the senate will vote on a bill to keep the september 11th victims compensation fund up and running. mitch mcconnell making the decision after a heartfelt plea from victims on capitol hill following emotional calls for action by comedian jon stewart and a former police detective now fighting cancer and hospice care. >> we gave mitch mcconnell, louis alvarez's badge. we wanted the senate majority leader to be reminded of people like louis alvarez. >> mitch mcconnell promised to work for us and i will take him for his word. >> the victims compensation fund benefits people who develop illnesses after the 2001 terror attacks. it is set to expire at the end of next year.

the family of a veteran police officer fight for change after he was forced into early retirement when he was shot on the job. in 2017 after 30 years on the force phil roselle was accidentally shot at the shooting range would state law prevented him getting his full retirement benefits. his wife debbie pushed lawmakers to change the law and they have. he and his family joined us in the last hour. >> credit to my wife, i don't have that fear of not being able to take care of my kids and my wife as i used to. >> reporter: the new state law ensures all first responders are commonly injured in the line of duty will get full retirement benefits in connecticut. rob: all bets are off on the hot dog eating contest in new jersey. casino.org says the division of gaming enforcement is not allowing it despite several requests to place wagers.

>> new jersey is one of first states to allow horse betting after supreme court ruling last year. rob: has to be 100-1. jillian: robert mueller in the hot seat, the date is set for the former special counsel to testify on his russia report. what does it mean for the president or democrats who won't let go? live in washington. >> hitting critical mass in this statute the estate passes which is one step too far. rob: washington state versus ice, and eye-opening number of criminals on the streets thanks to sanctuary lies. details, stay tuned. oh! oh! oh! ♪ ozempic®! ♪ (announcer) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven

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oh, so the legs on the bottom and motorcycle on the top? yeah. yeah, i could see that. for those who were born to ride, there's progressive. yeah, i could see that. ♪ ♪ this simple banana peel represents a bold idea: a way to create energy from household trash. it not only saves about 80% in carbon emissions... it helps reduce landfill waste. that's why bp is partnering with a california company: fulcrum bioenergy. to turn garbage into jet fuel. because we can't let any good ideas go to waste. at bp, we see possibilities everywhere. to help the world keep advancing. rob: a fox news alert, robert

mueller heading to capitol hill agreeing to testify next month. jillian: the president and republicans slamming house democrats for issuing the subpoena. doug luzader where the battle continues to brew. >> the timing was a surprise. all of a sudden it happened yesterday. multiple testify, democrat and republicans looking at some opportunities here, democrats on this question whether the president obstruct justice. >> bob mueller better be prepared because i can tell you he will be cross-examined for the first time and the american people will start to see the flaws in his report. >> reporter: that is what republicans would like to see. here is congressman adam schiff. >> we have fact questions, any number of issues we wish to cover.

>> reporter: ultimately both sides may be disappointed. mueller has indicated clearly that if called to testify he would not go beyond what is already in the mueller report. jillian: thank you very much. let's talk about this. the house passing a $4.5 billion emergency funding bill overnight to address the crisis at the southern border. the victory set the showdown in the senate just days before congress leaves for july 4th recess. mitch mcconnell says the bill has no chance of passing since the trump administration doesn't support it. >> ice pushing back against washington state's centauri status, officials pumping 7 grisly cases and examples of what happens when there is no cooperation between immigration enforcement and the state. cases range from murder to sexual assault they could have been prevented if there was cooperation between local and

federal officers. >> we had critical mass in the statute the state passes, one step too far. rob: details on the stories are really amazing, check it out on our website. j inslee signed a new law preventing any jail or prison in the state from honoring ice detainer request or even notifying ice. jillian: a denver man is in critical condition after getting sick in the dominican republic. his family says he was forced off his flight and sent to a hospital in santo domingo but his diagnosis is unclear. dominican hotel released a forensic report blaming layla caught's intense death on a heart attack. she's one of 12 americans to die in the dr since last summer. how about this? jussie smollett googled himself

50 times days after he claimed he was victim of a hate crime. chicago police releasing hundreds of files from the investigation including his computer search history. mostly read stories about his creative director speaking out on the attack. the former empire director arrested and 16 felony counts related to lying to police and later dropped, prosecutor will determine if these charges can be brought against him. rob: pot laws going up in smoke, illinois the 11th state to legalize marijuana and the first to set up a statewide marketplace for pot sales. governor jb prins signing that into law allowing adults 21 years old to buy marijuana starting next year. it will expunge pot related crimes for 800,000 people. and washington dc. san francisco becomes the first major american city to ban the sale of electronic cigarettes.

the measure for bidding online retailers from delivering products in the city. they hope to keep young kids from smoking marijuana. does remain legal for purchase in the city. jillian: time to get a check of the forecast. you like it hot? it is cool weather, janice said one summer gets here everyone will be complaining. >> we dealt with the snow in a lot of snow and i citizen the summer comes, the only universal complaint i get will roll on the tape on the complaint. rob: you got to turn winter back on. >> next year i will save a snowball in my freezer and if there is complaining the snowball comes out. 64 in minneapolis, 72 in new

york city, humidity is high. it will feel like summertime for a lot of folks and threat for severe storms across sinful us so the large hail, damaging wind, isolated tornadoes, severe thunderstorm watch in nebraska, we will see pockets of strong to severe storms. there is future radar and the summertime pattern means less of a threat for severe storms and more risk of warm hot steamy weather for much of the country. across the northern rockies, the northern plains to the eastern great lakes we see threat for stronger storms. there is your forecast, very summertime like across portions, two thirds of the country and the northeast, we have cooler than average temperatures in portland through northern california towards nevada but look at new york city, sunny and 88. we have a tropical depression in

the pacific but it will not affect anyone. it is way into the pacific ocean. jillian: let it be a fish storm. i want food pictures. rob: we will be right back.

>> a friendly subpoena. we find out about this on the house will, they broke house rules. i'm not sure the subpoena is valid but bob mueller better be prepared because he will be cross-examined for the first time. >> i don't think the special counsel's office would characterize it as a friendly subpoena. jillian: former special counsel robert mueller heading to the hot seat. rob: on july 17th democrats and republicans the house publicly grew mueller over the russia report so will we learn anything new? joining us is chairman for the

committee ted harvey. he said he's not going to go beyond the report. what do you make of this? >> it is interesting the democrats sprung this testimony on the republicans. it is a continuation of the democrats narrative to undermine the president of the united states, continue with this conspiracy theory that there was collusion with the corruption and everybody knows the report said there was no collusion. they know the report came forward and said he was not going to go after obstruction of justice. democrats keep rolling out keep rolling out this issue simply to keep it as a narrative going into the 2020 election. i think it is important mueller does have cross-examination, this is the first time the republicans have ever been able to cross-examine the prosecutor. i think it will bring to light

some of the issues about what i believe was character assassination by mueller when he had his press conference in may. i think it is pure partisanship by democrats and mueller in the investigation. jillian: let's say robert mueller doesn't expand on anything but what is in his report as he stated he would do. he has said i won't say anything else. if that is the case where do democrats take this from there? >> all they want to run with his obstruction of justice and everybody knows there was no objection of justice, the mueller investigation went to its final conclusion. >> there are 10 examples he gives in this report that democrats say these are all cases of obstruction right here, you've got 10 of them. >> not one of them is obstruction. did he tell an attorney to

replace mueller? yes. did he? know. that's not obstruction of justice. and of the issues he brought forward the president actually acted on. there was no objection of justice. we have the full mueller report as biased as it may be there is no instruction of justice. rob: let's move on to the topic of the big debate coming up, the first debate, the biggest heavy hitter is elizabeth warren who has been searching in the polls. what should the other candidates on stage do? attacker or attack the president? >> it will be a circular firing squad. the mueller report investigation is a circus and i think what we will see tomorrow night and tomorrow night with a democrat debate is going to be a circus. i think the american people are going to see how radically leftist these democrats are and they have to go as far to the left as they can to appease the democrat base that is the primary voters in the democrat party.

they are mobilize to find the young passionate democrat leftist and joe biden doesn't fit the description and he is leading in the polls and i think having warren up there in the polls right now speaks how terrible this bench is the democrat party has to offer. >> to the underdog, whose the want to watch? >> i always said kamala harris is the best candidate. she is very sharp, very well spoken and presents very well. she is far more left of center than i think the american people are but she presents the best opportunity for the democrat party moving forward. rob: what do moderates do in these cases? you have john delaney up there. how does he survive a night like this? >> where do moderate voters come down on this? your moderate democrats, moderate unaffiliated voters

will be looking at this, 20 leftist candidates that are running and they will say that's not the jfk democrats of my parents, my grandparents and they are going to be left wondering what do we do because they don't represent me. >> thank you so much. >> 43 minutes after the air. raising your hand not enough anymore. one professor using an apps to drag his students to take attendance. >> is this going too far? that professor joins us live to explain how it works. you don't want to miss it. . use. is it that obvious? yes it is. you know, maybe you'd worry less if you got geico to help with your homeowners insurance. i didn't know geico could helps with homeowners insurance. yep, they've been doing it for years. what are you doing? big steve? thanks, man. there he is. get to know geico and see how much you could save on homeowners and renters insurance.

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>> in 13 minutes, the show you are watching is fantastic, but we are talking about two developing stories that took place last night, the house past the humanitarian funding bill for the border, the president

will not like it. the senate bill better as they are about to hash that out. we will find out what the president will sign and won't. we have 48 hours left to go as robert mueller will come to town july 17th. the flashbulbs will be going but will anything be learned? what he says about the parameters of his report. republicans can't wait to get at him and democrats are counting on it. we will discuss that and what is going on with iran. our roster of guest include mike huckabee. robert wolf on the democratic debate, big preview. tomi lahren come a brand-new book on conservative school of thought and democrats, republicans coming together to play baseball, the congressional baseball game kicks off in washington dc. we will go live there for the action and kicking off the summer road trip season on fox square, we have the coolest cars you will ever want to drive, see you.

rob: disturbing to watch but it is the miraculous rescue of a newborn baby girl captured on camera. deputies in georgia freeing baby india from a plastic bag. a family in a nearby home heard the child crying in the woods just outside atlanta. officials looking for her mother. police say the babies thriving and in the care of child services. jillian: a chilling ransom call may be the key to solving the case of a missing teenager which margaret fox was seen getting off the bus in new jersey on june 24, 1974. the fbi releasing a new enhanced version hoping someone may

recognize the voice. >> $10,000 might be a lot of bread but your daughter's life is a better topic. jillian: margaret was on her way to her first babysitting job when she vanished. these images show what she may look like at nearly 59 years old. of $25,000 reward is offered for information that leads to a room arrested. rob: california university professor defending an apps the track student locations by tapping into selfys. jillian: it is meant to help teachers take attendance but some critics think it goes too far. you to defend and explain how it works, professor tom bentley, a lot of critics say this take the too far. for those who don't know how this works, explain it to us.

>> reporter: the best learning environment, it is an important part of class and in 18 years of teaching i could never find a way of taking attendance. calling names take too long, the filling she wasn't going to work it either. i realize most if not all have mobile phones so there must be a way of tapping into those for my attendance records. if a student is sitting in class and cell phones are all location aware, if a student an apps and the phone knows where it is then the students usually have phones with them and if the student is sitting in the classroom the apps can respond in the affirmative that the yes they are in the bounds of the building. and a check them into class. rob: i assume you can't force kids to sign up for this and do this. >> you can't force them to do anything. it is like buying a textbook or calculator or art supplies. i can't force them to do it but

i explain on the first day of class. if someone is really opposed to using the phone for whatever issues where they don't have the phone, i take attendance manually. but as class ends, they are here and i put a checkmark next to their names. it works for them. jillian: those who are doing this and get into their phones, how far does it track them? does it track them when they leave campus? is a tracking them in life everywhere they go? >> tracking them is too strong a word for this. the news isn't all that great about privacy. the bad news is not an example how not to behave for something like this so the only thing the apps does is tell me if they are in the classroom. of class is going on and they try to check into their dorm room or somewhere else i don't

know that information. the apps will just say too far from class but it does not tell me where they are. tracking is a strong word. it doesn't track students anywhere real time outside of class, just tells me if they are sitting in front of me when the class starts. it cuts down on my record-keeping. rob: a comment from the school you work at, the apps was not created in connection with the university or university's knowledge, no additional information to share about it at this time. when i was in college i felt attendance wasn't being taken because you were an adult. if you didn't show up to class, you are wasting your time and money. why do you think you need to take it? >> i long rationalized that way. they are adults and they will get stung on the exam but there is more than that. attendance is a basic sort of first level thing any student could do to maximize their potential success in a class. as soon as you quit going to class you start dissociating with classmates, don't know what

the professors emphasizing, losing out on a basic connection with the class so i thought why not just try to do this, get students a friendly reminder or knowledge to come to class so when i walk into class now i don't use the apps all the time but most times just say welcome to class, here are the topics we are doing and please remember to check in with your phone to get started and most students happily do that. jillian: thank you for joining us and explaining that, appreciate it. i still have nightmares that i am missing class. it happens all the time. rob: 54 minutes after the hour. a new truck stooped up with more than you might think. >> the bible, an american flag, 12gauge shotgun. rob: car dealership wants to help you celebrate america in overdrive. >> you got a happy meal?

jillian: how much cash to get your kids to stop crying? hilarious legs some parents will go to for peace and quiet when we come back. ♪ that's a four day weekend "awesome" and with getaway deals on accommodation starting from 15 percent off, . .

jillian: time for the good, the bad, and the ugly. first up guns. a car dealership offering a one of a kind fourth of july promotion. >> going to get a bible an

american flag and also a 12 gauge shotgun. jillian: video posted on khatom ford facebook going viral. the it lasts through july. rob: hoping it would end his team's winning streak. won first back-to-back games in 17 games. jillian: after buying this bamboo plant i don't even see how this is the bad. that's fine. it's the good and the ugly. rob: unless you are not a philly's fan. jillian: would you pay money to stop your child from throwing a tantrum. >> kangaroo, kangaroo, kangaroo. >> all right! jillian: i love this movie. one in five parents would with 44% saying they would shell out as much as $500 to get their kid to stop

flipping out. we asked if you would be willing to pay, a majority of you said no. these parents are really the problem, not the child. rob: that's it. there is one more before we have got to go right now. ♪ nothing but a good time ♪ how can i resist ♪ ain't nothing but a go good time ♪ brian: jedediah, that's pretty much how you live your life nothing because good time. jedediah: what do you think i'm doing here? steve: good to have you today. jedediah: i heard this is the place to be. steve: this is a place for a good time. live in midtown, manhattan. we just saw the u.s. capital about a mile away from it is nationals park is where the baseball team plays. and, of course, today is the