when a suspect opened fire. two more responding officers wounded, the suspect was killed. thank you for joining us. we will be back at 11 am eastern. heather: it is tuesday, august 13th. happening at 4:00 am on the east coast a fox news alert, kill it in the line of duty. one officer did, two wounded after shootout at a busy california freeway. what sparked the gunfight and the heroic action taken to keep the public safety to systematic failures, new questions in the death of jeffrey epstein, the millionaire reportedly hanging himself with a bedsheet while a guard assigned to watch him was just a substitute? >> we are learning a serious irregularities at this facility and are deeply concerned.

any co-conspirators should not rest easy. >> the demand for answers as the fbi swarms epstein's estate in the virgin islands. we pray for everyone, the powerful mom and a mother shares with her children before sending them to school. "fox and friends first" starts right now. ♪ ♪ living on a prayer ♪ >> hello, everybody, good morning on the east coast and perhaps you're just ending your day on the west coast. wherever you are you are watching "fox and friends first" on tuesday morning. thank you as always for beginning or ending your day with us. we begin with a fox news alert,

jeffrey epstein reportedly hung himself in his jail cell. alarming details about his death as we learn one of those guards in charged of monitoring him was a substitute. mark meredith joins us from washington is the investigation shifts to the caribbean. >> there are new questions over how jeffrey epstein was able to kill himself in federal custody. the new york post reports the 66-year-old hung himself with a bedsheet. many are asking of guards failed to follow proper procedures by not checking on him every 30 minutes like they are supposed to. epstein had reportedly tried suicide only weeks earlier but was unsuccessful. the associated press reports one of the guards in charge was not a regular corrections officer. it has been reported the metropolitan correctional center is severely understaffed. william barr spoke about epstein's death monday and made it clear he believes officials in charge of the facility have a

lot to answer for. >> i was appalled and the whole department was and frankly angry to learn of the mcc's failure to adequately secure this prisoner. we are now learning of serious irregularities in this facility that are deeply concerning and demand a thorough investigation. >> speaking of investigation a ceiling company in the virgin islands that these pictures showing the fbi examining epstein's former home in the virgin islands. investigators have not said what they were looking for. before his arrest epstein was known to frequent the lush property. investigators allege he engaged in sex with underage girls, the justice department has charged epstein with conspiracy and even after the millionaire's death the case is far from over. >> let me assure you this case

will continue on against anyone who was complicit with epstein. any co-conspirators should not rest easy. the victims deserve justice and they will get it. >> an autopsy was performed on epstein over the weekend but results from the examination have not yet been made public. a lot still to be answered at this point. >> mark meredith, much more to come on this. federal investigators now examining protocol breaches at the jail. jeffrey epstein's former attorney general ken starr says the focus should be the timeline surrounding his death. >> i am very happy that the attorney general who is a man of his word will get to the bottom of how this happened, these irregularities are of great concern to all of us but especially in light of the fact that jeffrey epstein was in this

very precarious situation and he deserved protection and also deserved monitoring. we shall see. there are a lot of questions but i must say i am very distressed by the very fact that the day after he was visiting with his defense lawyers he is found dead. that strikes me as concerning to put it mildly. >> the house judiciary committee has launched an investigation into epstein's death demanding answers to 23 questions sense to the bureau of prisons with a deadline of august 21st. also breaking a highway patrol officer killed when a traffic stop turns into a shootout. law enforcement escorting officer's flag draped away from the hospital overnight, flag draped coffin. investigators say the officer was calling a tow truck to impound the suspect's car when he began shooting.

>> it was a long and horrific gunbattle and it resulted in an extensive crime scene. >> two other officers were injured in the shootout and the gunman was killed. two witnesses suffered minor injuries. officer moyer is the 20th officer killed in the line of duty this year. he served three years and leaves behind a wife. our prayers with him. also prayers with this family, the us marine killed in iraq may be a victim of friendly fire. the pentagon reporting scott was killed by small arms enemy fire but now in investigation is underway to determine if he was accidentally shot by american or iraqi forces. is the first american servicemember killed in iraq this year. he leaves behind a wife and 2

children. a friend who bought body armor for the dayton shooter could face 15 years in prison. prosecutors say ethan cawley light on federal firearms forms when he bought a gun for himself. he never disclosed he was growing psychedelic mushrooms and smokes marijuana. by the body armor and 100 round magazines the gunman used in his deadly shooting. the prosecutors say he played no role in planning the massacre. colleagues say he's kept the gear at his home to hide it from the shooter's parents. it could soon become much harder for immigrants to get green cards if they rely on public financial assistance. as ray bogan explains the white house policy is already sparking sharp criticism from the left. >> in just over two month the new regulation will go into effect. while the trump administration says it will save taxpayers money critics say it punishes immigrants who need help the most. the 800 page rule published in the federal register specifies

illegal immigrants decrease their chances of becoming a permanent residents 15 and too dependent on the government's for support including receiving medicaid or housing subsidies. >> donald trump's administration is reinforcing the ideals of self-sufficiency and personal responsibility. >> the department of homeland security says it is revised the interpretation in the public charge which ensures green card or visa applicants rely on their own capabilities as well as the resources of family members, sponsors or private organizations. >> also making sure those new immigrants come here with the skills to be able to succeed because that does put a huge burden on taxpayers, puts a huge burden on our country. >> national immigration law center announcing in a statement it will challenge the ruling court writing, quote, it will have a dire humanitarian impact forcing some families to forgo critical life-saving healthcare and nutrition.

the damage will be felt for decades to come. during her weekend trip to central america on the southern border house speaker nancy pelosi criticized the trump administration's immigration policy particularly separating migrant children from their parents. >> just another way to divide families. we think that is an immorality. >> reporter: since last september when the public charge was first announced more than 200,000 public comments have been received online, the majority are critical of the new policy. in washington, ray bogan, fox news. >> much more to come with tom homan on this. in the meantime protesters are pushing hong kong to the brink of no return. that is the warning from the city's leader as airport protests stretch into a fifth day. china has compared the actions of protesters to terrorism. the country now accuses the us

of supporting the riots. our government denies that claim. the protesters are rallying against the law that would extradite criminal suspects to mainland china. donald trump taking off for pennsylvania in a few hours, the president will tour a shell chemical ethane plant outside pittsburgh. to highlight efforts to boost american manufacturing and energy. once complete the plant will provide 600 jobs, donald trump won in pennsylvania in 2016 becoming the first republican candidate to take that state since 1988. the time is 10 minutes after the top of the hour, attorney general william barr promising accountability for jeffrey epstein's death. who should be held accountable or responsible? next guest, former fbi special agent says this justice system failure starts with the bureau

of prisons. >> we choose science over fiction, which is truth over facts. >> four gives just as bright and talented as white kids. >> joe biden stumbles front and center on the campaign trail. why his team says the media is making something out of nothing. do you agree to q ♪

>> we are now learning of serious irregularities at this facility that are deeply concerning and demand a thorough investigation. the fbi and the office of inspector general are doing just that. >> fox news alert, attorney general william barr vowing to figure out exactly how jeffrey epstein was able to commit suicide while behind bars. the millionaire reportedly

hanging himself using a bedsheet. how does this happen and will we ever get answers? former fbi special agent joined me now. thank you for joining us this morning, appreciate it. more and more information leaks out or is released on what exactly happened behind bars with jeffrey epstein we are hearing more and more about serious irregularities. what is your take in terms of what happened? there was understaffing, one of the guards that was on duty not even a regular corrections officer, they weren't looking in on him as frequently as they were supposed to, he was taken off suicide watch. >> gross negligence at a minimum but we have to look at this and this is why attorney general william barr has implemented the department of justice's inspector general to do with their investigation to see if there's any criminality or

corruption behind this. we have the most high profile case in years of epstein and have him be able to commit suicide is complete failure for the victims in this case and our justice system the government was responsible for maintaining his security and safety and that is a failure that needs to be completely investigated to see how this could happen. heather: what about the suicide watch? a lot of people questioning that. it was just 2 weeks ago he was put on suicide watch after marks were found on his neck and he was taken off and the guards were only supposed to check in on him every 30 minutes which they didn't even do that. >> with how high profile case this was and epstein was and given the recent history of the last couple weeks of him trying to commit suicide why he would have been taken off suicide

watch is reprehensible as well and for him to be able to manipulate whoever he had to talk to to get off of suicide watch, you know this pattern of behavior, what the charges are against him he never should have been off of suicide watch in the first place. >> the other angle of this, the victims of jeffrey epstein will get any answers? will they get anything they have asked for at all? hears william barr talking about co-conspirators. >> let me assure you this case will continue on against anyone who was complicit with epstein. any co-conspirators should not rest easy. todd: 1 with the co-conspirators be facing moving forward? >> with the conspiracy charge against epstein anyone aiding and abetting his horrendous acts will be under the microscope of

the fbi and the us attorney's office so the investigation continues but make no mistake the biggest piece of evidence was lost when epstein committed suicide and that is on the government because he should have been held to go ahead and be safely secured so that he could be brought to justice and the victims could go ahead and see him held accountable in our justice system. heather: we had some images, the most recent part of the investigation appears to be fbi on the private island jeffrey epstein owned in the caribbean, the virgin islands specifically and i have been by that islands many times and people were aware, the island had a notorious reputation but just now what are they looking for? >> reporter: they have search warrants to further the case,

further the conspiracy case against epstein and any co-conspirators or accomplices so they are trying to find any evidence that further shows proof of allegations brought against him and the others that will be under investigation. heather: add that to his condo or townhouse, thank you for joining us, appreciate your insight this morning, have a good day. the time is 20 minutes after the top of the hour and a news conference about immigration, one reporter turned into an attack on the statue of liberty. >> give us your tired, your poor, should those words come down? >> i am not prepared to take anything off of the statue of liberty. >> the outrage growing over that question in the group of siblings head back to school but not before starting the day with

a prayer. carly shimkus has reaction to this inspiring photo that is going viral. i don't know what's going on.

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biden without a media filter, sounds old. a lot of candidates are old, not just biden. the adviser said when you have a camera following you around you are going to make mistakes. >> all the traveling, i don't know how any of them do it. we want to end on a good note. let's talk about these little kids going back to school in this great photo. >> this will make everyone smile. take a look at those three beautiful kids praying before their first day of school, the mom posted on facebook, praying for their teachers and bus drivers and everybody but what you don't see in the picture is they just lost their jobs, they

are praying for everybody else and her mom said she's teaching her kids about the power of prayer. there is ago fund me page she has set up for the family so people can donate. >> let's use social media some good since that picture is going viral. >> i think that is good and good luck to them. >> we should follow up on that. time is 28 minutes after the top of the hour and the trump administration launching a crackdown on immigration denying green cards for some immigrants on food stamps. tom homan says it's an example of the president delivering on his promises to the american people and he joins us live with a message to the critics.

>> look at the headlines,

multimillionaire jeffrey epstein hung himself with a bedsheet in his jail cell. one of the guards in charge of monitoring him was a substitute. william barr demanding a thorough investigation at the new york city prison. than the us marine killed in iraq may be a victim of friendly fire. the pentagon first reported scott was killed by small arms enemy fire but the investigation is underway to determine if he was accidentally shot by american or iraqi forces. he's the first american servicemember killed in iraq this year. new policy created by the trump administration will encourage immigrants to be financially dependent. immigrants could be deemed inadmissible if they receive public benefits for 12 months in a 3-year period. that includes receiving food stands, medicaid or housing subsidies.

let's bring in retired acting ice director tom homan, we appreciate it. we keep saying new rule but this has been in existence that is not just clearly defined. play that for us. >> this has been 140 years but always understood that joint immigrants in the united states, if you integrate here you have got to be self-sufficient and not become a public charge. what they have done yesterday, defined what a charge is. shannon: what is that at this point and how do you determine who would become a public charge? >> as you said a few minutes ago it includes housing assistance, medicaid, food stamps, anything putting a strain on social

services system in this country meant for us citizens so this is something that is one factor. if someone can integrate here, got a green card, one fact will be considered so everyone thinks this is a game changing room. it has an effect but it is one factor among many an immigration officer looks at to see if someone should be allowed to immigrate to the united states. it doesn't include refugees. we understand those a claim refugee status or asylum, they don't have capability to take care of themselves. it does not involve refugees. >> that is what is interesting because almost immediately people on the left came out and tried to include asylum-seekers and refugees in this so it is good you pointed out they are not included in this. the director of immigration services added this and i want you to respond.

>> donald trump's administration is reinforcing the ideals of self-sufficiency and personal responsibility. injuring immigrants are able to support themselves and become successful in america. >> that's the definition of what it means to be here in america, right? >> absolutely. the president is keeping his promise, a campaign promise. keeping a promise to the american people. what surprises me is for the 3 decades i was enforce immigration law, immigrant advocacy groups and the left always immigrants don't take advantage of social services in the united states. if that is true i don't know -- it flies in the face -- i think it is a good when the right thing to do. we have us citizens that pay taxes for years and when you make sure our social services

are for us citizens, we've got to take care of american people and that's what the president is doing, putting america first. >> not only save money and funding and allow american citizens to use these services but also cut down on illegal immigration as well. >> you will see some changes, taking advantage of benefits and it will send a strong message but also the thing that drives people, a lot of opportunity, let's live the american dream, let's not count on social services, grab hold, make a life for your self and this drives it home for people who want to be part of the greatest country in america. shannon: who makes the determination? who determines who would become a public charge?

>> those trained in citizenship and immigration services, those officers do this every day, part of the job and it will be easier now because it defines what a public charge is. everyone will understand what it means to be a public charge. a clarifies issues, is the right move and we will see a lot from this. i'm sure it will be litigated, almost aaron t it will be litigated like everything else the administration does but it is a good rule in this sense. >> thank you for joining us, appreciate you explaining it to us. >> thanks for having me. fox news alert. a massive manhunt underway right now for the person who shot the police captain in connecticut. newhaven police say he was off duty when he encountered two men in a shooting. the suspect killed another man and then turned on officer duff.

>> he sustained multiple gunshot wounds and is lucky to be alive right now. >> police are urging people to stay in their homes while they search for the gunmen. captain death is expected to be okay. attorney general william barr condemning those water attacks reported on the nypd. at least 5 different an incidents this summer left officers drenched. >> we were all nauseated by the spectacle of those prancing punks in new york dousing the officers with water and hurling plastic buckets. >> the ag also saying the dj will push to fast-track the death penalty for criminals convicted in mass shootings or in the death of police officers. the justice department announced plans to resume capital punishment at the federal level last month. california democrat wants to fight gun violence with insurance.

a san jose mayor introducing a law that would force gun owners to carry liability insurance or pay a fee. >> we are in the heart of silicon valley. the invasion starts here and we know that this is a crisis crying out for many solutions. >> the mayor claims the plan what offset the public cost of gun violence. this comes just weeks after the gilroy shootings left 3 people dead and at least 12 injured. the time is 20 minutes until the top of the hour and kamala harris bested by a 91-year-old iowa woman, listen. the democratic hopeful's response when confronted with the truth that voters don't want medicare for all. did you wake up hungry?

feast your eyes on this, olive garden's never-ending pasta is back but this time you can make one for life but it will cost you, stay with us.

>> welcome back. one state considers banning abortions as soon as the woman knows she is pregnant. a tennessee lawmaker holding a second hearing on the proposal today. supporters and critics packed the state capital to debate and amendment to the so-called heartbeat bill and the changes are expected to be accepted, the bill could be put up for a vote by january. raiders wide receiver antonio brown will where an nfl approved helmet on the field this season. an arbitrator denying his request to where his old helmet, brown retired -- want to retire for a new outline what he used in past seasons, brown writing

on instagram in part while i disagree with arbitrator's decision i am working on getting back to full health and rejoining my teammates on the field. let's check in with sports, a touchdown for sports betting, the industry striking a huge deal with the nfl. tracy carrasco is here with the play-by-play of the agreement. >> the nfl has made a deal to distribute its data to sports betting operations in the united states, first time and under this agreement they will have the exclusive rights to distribute the nfl data to the legal operations in the us and abroad so they will package all of this information for gambling operators which will be useful when it comes to betting on some of the small moments within the game, also under the agreement, they will be monitoring the legal operations to make sure there is no fraud and that is important to the nfl but the

nfl, one of the last major agencies to get in on this, it will be an mba have been moving forward working with these types of agencies already. >> look at how they have been handling it and move forward. speaking of athletes they would be the only person who can deal with this lifetime pasta though i would love it at the olive garden. >> a dream come true for 50 olive garden fans. they have their never-ending pasta pass which gives you 9 weeks of all you can eat pasta breadsticks and salad but now they are taking it a step further offering a lifetime pasta pass. at 2:00 pm eastern time you go to pastapast.com, try and get one of these never-ending pasta passes and then have the option to upgrade to the lifetime pass which will give you pasta for your entire lifetime at olive garden. for the never-ending pasta pass

if you are able to get one it is $100 for the option to upgrade it is $400 but it pays for itself in 45 visits. >> hopefully not all at once. appreciate it. 15 minutes until the top of the hour and there is less than 3 weeks into the qualifying deadline for the next round of 2020 democrat debates in which candidates are in danger of missing the cut. candidates have had more than enough time to shine or fail and now it is time to narrow the field. joins us live with her predictions.

>> with just weeks until the third democratic debate the hopefuls are scrambling to qualify for the cut off. who is in danger of being left off the podium? bernie sanders 26 campaign joins us now to talk about this. thank you for joining us, great to have you. let's begin with the requirements for the september debate on september 12th. the candidates have to have supportive 130,000 donors and have to receive 2% at least in 4 of the dnc approved poll so who is in danger so far? >> it is clear most of the candidates are in danger. you can have the best line during the debate like tulsi gabbard did last time or spend the most money on campaigns like tom styron doesn't mean you're

guaranteed a spot. they did good job setting up. i've been critical of the dnc but they did a great job setting up a competitive opportunity for those 2 enemies, it was everyone's race to win or lose but if you make it to the next round of september you didn't put the work in. >> let's pull up, at this point who qualify for the next debate. you can see right there, maybe not a surprise to a lot of folks and the next graphic those who have not met the requirements so far but a couple of those very close to meeting the requirements? >> we are looking at castro is very close, he should certainly be on the stage because he's one of the few, cory booker challenged joe biden. he deserves to be on stage but other than that cory booker barely made it. he was struggling. the rest of them, people like bill diblasio won't make it and all the other candidates, maureen williamson entertained

everyone in the last debate, don't know she will pull it off, it is -- start football season who will play this game. >> football season means fair season, iowa fair, everybody last weekend. we talked about this colonel poll that was done. how do you think that will impact things? is that a good indicator of moving forward, what will happen? >> it certainly was an indicator to bill diblasio who got a whopping 15 people to show up in iowa and i don't believe he got one kernel of corn. the people of iowa have spoken, the popcorn has been popped and certainly made it clear on who iowa is going for. if you are not doing well in iowa in the early polls you do not have an opportunity so i think that has been pretty clear. >> i was thinking of mentioning after the september debate there's 2 more weeks and the october debate but this poll is interesting.

more than half of americans are now looking forward to the future democratic debates. >> a lot of people might be worn out. it is unfortunate. we can over to america to sit through the debates because as we move forward they will become more competitive, candidates will challenge each other more, i'm hoping that changes and people are not worn out and want to see a fair democratic process and go through this, give it away to the patriots and say they are going to win the super bowl, we need people to win fair and square. >> i agreed to not giving it to the patriots. thank you for joining us this morning, we appreciate it. the time is 8 minutes until the top of the hour and a big first day of school gets even bigger with the help of these men in blue. why they brought this boy's mom to 2 years.

>> a mortified daughter and her dancing mom going viral. got to stay tuned for that.

shannon: finally in this hour

2020 hopeful kamala harris get tackled at a senior center. watch this awkward encounter in iowa. >> i don't intend -- i want to promise you that, the healthcare you have. >> a 90 when-year-old morning the senator against healthcare for all. the staunch republican told local media she has in turn 80 decent answer how 2020 democrats plan to pay for medicare for all. actress and liberal activist alyssa milano is gearing up for 2020 launching a grassroots fundraising initiative to encourage voting in swing states. >> instead of fighting with each other let's do something truly spectacular, let's start working together now on something we can

all agree on, defeating trump. >> the movement voter project will encourage turnout in michigan, pennsylvania and wisconsin, allstate donald trump won in 2016. time for the good, the bad and the ugly, up first the good. a police officer's son gets the ultimate surprise from his dead fighting cancer. data and all his brothers in blue escorting 5-year-old to his first day of kindergarten. >> i did not want to miss this. it means the world to me. we been through a lot together. >> more than 20 police officers from 10 departments were there to support the family. now the bad. a man's missing dentures found stuck in his throat. somehow they got there during a surgical procedure, no one noticed for 8 days and finally the ugly. is on a mortified when her mom's dance video goes viral. watch.

♪ >> amy stevens made the video. when she realized that the sun from her oven sound like a song by asher, that is good stuff. "fox and friends first" continues right now, goodbye. jillian: tuesday, august 13th, a fox news alert, new details painting a picture of what happened inside in new york city jail cell the night jeffrey epstein died. >> we are now learning of serious irregularities at this facility and are deeply concerning. any co-conspirators should not rest easy. >> from missed welfare check to unqualified prison guards, and the weapon used to take his own life, we are live with breaking