faa investigates. >> bill diblasio and the live stream campaign appearance on a high note. >> i apologize you never got to know donald trump but this new york volunteers to get rid of them for you. thank you, everybody. >> you can see somebody frantically trying to fix the audio malfunction. the mayor's voice is higher than his poll numbers. >> it does continue right now. >> immigrant families, specifically kids will be held literally indefinitely at the pleasure of the trump administration kind of like guantánamo. >> i have the children on my mind, this new rule will do more to bring them together. >> it is thursday, august 22nd donald trump defending his new rule to end the catch and release ball. >> democrats from it was a tax to stop the president's plan to secure the border.

>> climate change candidate jay inslee bowing out of the 2000 and the race. >> is the public candidate strings, how the next debate lineup is taking shape. >> it is in the best light because of that. elizabeth is so proud of you guys. >> moms and dads. >> winners in life. >> the coach's going viral after a heartbreaking loss. "fox and friends first" continues right now.

>> when you are not dancing you know there's something wrong. >> i like paris. i'm not going to complain, just expected dance. i don't know why i expected such a tune but i did. that's my problem. >> you are watching "fox and friends first" on thursday morning. thank you for starting your day with us. serious news out, the trump administration sitting down credits after announcing a rule change aimed at keeping migrant families together. >> democrats i'm the decision, the president is explaining his vision for slowing the surge at the border. here's reaction from both sides. >> it didn't take long for the controversy to erupt here. the president believes by throwing out the agreement the us will better be able to keep migrant families together. >> very much i have the children on my mind. it bothers me very greatly. people make this horrible 2000 mile journey.

>> the florida settlement agreement is a decades-old tool which prevents the us from holding migrant children longer than 20 days. on wednesday homeland security announced a new will that would essentially end that and allow us officials to keep migrant families together until their cases are settled. almost immediately there was backlash. the aclu calling a, quote, another cool attack on children who this administration has targeted again and again with its anti-immigrant policies. congress must not fund this and democrat bennie thompson for mississippi adding the trump administration has managed to find a new low in its continued despicable treatment of migrant children and families. terminating the florida settlement is illegal and goes against long-standing american values about the treatment of children. so according to acting secretary

of homeland security kevin mack alina and that's not what is happening. he says people are taking advantage of the floors agreement, adult accompanying minors being released at the same time creating an incentive to cross the border illegally. >> we have the prior experience that shows the average 50 days. that is intent for fair but expeditious proceeding. >> the mexican government looking at this expressing the concern, mexico will, quote, evaluate corresponding legal alternatives. if approved by congress it will take affect in 60 days. heather: thank you very much. jillian: democrats and the mainstream media slamming the president's changes. >> i think the trump administration people surround every single day thinking of new ways to be cruel to the migrants. >> immigrant families and specifically kids will be held

literally indefinitely at the pleasure of the trump administration. kind of like guantánamo. >> they would rip kids from the bosoms of their mothers. todd: kamala harris tweeting we must continue to fight this administration is cruel agenda. jillian: elizabeth warren says we must fight this. >> bernie sanders saying the agenda is cruel, racist and a stain on this nation. jillian: joe biden adding is cruel to strip migrant children of the few protections they have. todd: the trump administration standing at the ground over those relentless attacks. todd: vice president of the border patrol council says the president's policies keep children safe from criminals looking to exploit some. >> i am seeing what is happening, seen kids turned over to criminal organizations, i'm seeing kids walking through the desert being put in the trunks of cars by people that are in their parents. we are seeing it. they are already being exposed to very dangerous things out there.

they are being exposed a balance. what we are trying to do is determine who their parents are and make sure the best thing happens to these children. by opening borders and saying you guys are putting a false narrative is not helping these kids. >> the new detention rule will be issued in federal court tomorrow. >> fox news alert, a sheriff deputy shot by a sniper outside his station. >> they might have gotten there. >> 21-year-old deputy making that terrifying radio call. his bulletproof vest credited with saving his life. los angeles county sheriff's office is two people were detained but no arrests have been made. eight teenagers sentenced to life in prison for murdering a police officer harris was 16 years old when he ran into and

killed officer caprio with a stolen jeep, caprio was trying to arrest harris for breaking into a home last year. harris will be available for parole of his appeal was the night. the other 3 suspects facing murder charges. kim jong un hotel worker under arrest for shooting to kill customers and coworkers was police in long beach, california finding an arsenal of weapons in his home including multiple guns and hundreds of rounds of ammo. >> montoya had clear plans, intent and the means to carry out an act of violence that may have resulted in a mass casualty incident. >> police tipped off by his coworker saying he was upset about hr issues and wanted to shoot everybody he saw, could be in court as early as today. around-the-clock mission underway to find two firefighters lost at sea.

the coast guard shifting as north as north carolina, this happened the week after they were last seen leaving for a fishing trip in florida. hope is wearing thin. >> time has become our enemy. we have to have a conversation about whether to continue an active search or moved to regular patrol activities. >> volunteers and government agencies have searched 90,000 mi. so far. there is now a $30,000 reward to find them. >> washington governor jay inslee bows out of the race for the white house. >> it's become clear that i'm not going to be carrying the ball, i'm not going to be the president so i withdrawing from the race. >> the environment of activist barely reaching to present in any poll, he says he will continue his fight to defeat climate change, the democrat will announce today that he is seeking a third term as governor. >> the presidential race appears to be tightening at the front of the pack.

in a poll, former vice president joe biden at 22% slightly ahead of bernie sanders. senator liz before and in third place at 17%. right now just ten candidates qualify for the third democratic debate in houston next month, it is later for two days but it will be changed to one night of know the candidate makes the line. >> we will see. display joe biden have strong form of his critics say his popularity -- >> tammy bruce says the democratic party should be alarmed. >> he is the thing americans should be concerned about an democrats to be appalled by, that he is in this position. it is clear he should not be and yet the democratic party is so destroyed and barack obama destroyed it in his cultivation of a cold that they are pushing this man to do it because they do believe he would have more of an appeal than all the rest of their talent so there's a point

it is becoming embarrassing for this man to be in this position. his wife clearly wants to support him but they can't even push through on their own. that tells you everything you need to know. >> breakdown at the border. government watchdog revealing to donald trump order patrol agents are not taking dna samples from illegal immigrants. retired inf agent says this is unacceptable which how the agency has put your life at risk. that is next. >> i apologize you haven't got to know donald trump but this new yorker volunteers to get rid of them for you. thank you, everybody. >> i could watch this all day long and we will bring it to you, ill diblasio becoming the laughingstock at a campaign event. your comments pouring in on that when "fox and friends first" returns.

>> 13 after the hour and the fox news alert, government watchdog group sounding the alarm claiming border patrol is failing to take dna samples of thousands of illegal immigrants. >> the report claims some of those, were allowed to go free. joining us to talk about this is michael cutler. thank you for being here. tell us why the dna samples need to be taken and why this is a problem that they have not been taken. >> the whole idea bad guys use false identities. i like to make the point that to a bad guy false identities are chameleon changing, to be able to blend in with intended victims with one of my first congressional hearings the issue i raised was the need to use biometric so we know when someone is lying about their identity. >> here's the quote from the office of special counsel that alerted us to what is going on.

it says the agency is allowing subjectively accused of violent crimes including homicide and sexual assault to elude detection even when detained multiple times by cvp or immigration and customs enforcement. this is an accessible dereliction of law enforcement mandates. my question is why did this happen? >> i don't know but internal investigations need to take a look. don't know if it is the culture of the agency or moving people through the system as quickly as possible. immigration is so overwhelmed by sheer numbers, we have very few people, lots of illegal aliens, many responsibilities, they are overwhelmed. we've given citizenship to terrorists, think about that. everyone says let legalized the people who are here. there is no capacity to interview some or do investigations and imagine cvp is so overwhelmed they are taking shortcuts and those shortcuts can cost people their lives. >> this is pretty alarming, a

portion of the report on lack of dna sampling by customs and border patrol and it is, quote, the year 2017 ice took dna samples from approximately 3% of apprehended individuals while cvp took samples from fewer than 100 out of approximately 330,000 individuals they arrested or apprehended. that is essentially nothing. >> it borders on malfeasance. you have these people in custody, find out who you're dealing with. we had this happen in the 80s with an individual named ramirez who became known as the railway killer who was arrested and deported multiple times by border patrol and each time he came back he committed more murders, killed 15 people and we used to mail fingerprint cards on the pony express and when i testified before congress we

need to use real-time electronic biometrics and they started doing that after that but now you've got a system in place that should work and they are not using the system. what is the point of doing your job if at the end of the day you can't stop the bad guys from being released and committee more powerful crimes. >> of leon moore comes out on this. i want to switch gears showing we have been talking about this all morning, a new immigration rule would extend the amount of time migrant families can be detained at the border. does this mean the end of catch and release? >> i would hope but i hope we don't wind up with a system so overwhelmed that there is nowhere to put everybody. the president is hoping this deters enough people that the system will finally, what we are dealing with. the administration is right, this isn't about putting kids in jail but wanting to this incentivize the use of children as a get out of jail free card. that is about trafficking children, sometimes recycling them. how is that in the best

interests of the children or moral for us to become a part and parcel of this program? jillian: is this enough or is this the first step of getting their? >> we have to convince people that want to come here illegally that there are consequences and right now there aren't and one of the biggest issues is enforcement. once these folks are released into the interior we only have 6000 ice agents doing immigration work. put that in perspective, 45,000 people of tsa, 38,000 cops, 3000 ice agents doing immigration work for the entire country. there were 6000 cops in times square on new year's eve and 3000 effectively ice agents for the entire country. how do we expect people coming here to follow the law when they know the likelihood of getting caught is smaller than buying lottery tickets.

todd: thanks, 18 after the hour, a student as young as 12 years old can be drug tested, the school taking a controversial statistical drug addiction. shannon: we are taking you to the kentucky state fair, griff jenkins getting a behind-the-scenes look, he joins us live in louisville next. don't miss your golden opportunity to experience thrilling performance.

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jillian: the bumping the largest factory ever targeting military members, 5 men accused of stealing millions in benefits from 3000 vets most of whom are elderly. three of the code conspirators arrested in the philippines wanted the money stateside were

arrested in california and nevada. the doj said they reached the stolen money in collaboration with the banks. todd: tackling drug addiction by randomly drug testing athlete. >> i do think it is a good idea to catch it when it is younger because it will get progressively worse. >> north olmsted ohio school district approving a plan to test all student-athletes and students in other extracurricular activities, they would be benched half a season for positive tests. the school board says it gives students an easy out when facing. pressure. jillian: kentucky state fair in full swing a 600,000 people expected to attend the 117th annual event. >> griff jenkins previewing, joins us from the center of all the action, good morning. >> reporter: i knew i would get great rides like the ones behind

me. what i did not know is i was he a cheeseburger on a doughnut and the corndog king of kentucky. watch. not everybody admits but it is well-known a lot of people come to the fair for the food. here in kentucky they have some of the best. what have you got? >> deep front oreos. >> let me know how it is. ♪ >> reporter: what are you selling? >> i hamburger, we put bacon and cheese on it, the donuts are the best. >> reporter: the best burger i have ever eaten. >> homemade ice cream here, that

is a 1928 infinity, best in kentucky. >> reporter: i came here for this. what have you got for me? >> corn and salt on it. >> wouldn't be the state fair without corndogs. what exactly is this? >> sausage dipped in our pino. >> the best corndog i ever had. >> i'm not done eating. they auctioned for charity last year, it went for $2.8 million. this year they hope it will be $3 billion and i'm hoping i get a vitamin.

>> not ham? it went to a diner. you are at the kentucky state fair. i haven't been to any of these things. i usually go to things like this. thanks, griffin. >> listen. my waistline is in thanking our producer. we will do the corndog, the cheeseburger, the donut, go over here any the funnel cakes. >> i love funnel cakes. thank you. >> 26 after the hour, the a before the supposed storm. this nevada county bracing for an alien invasion. >> we are hoping for the best. >> this is no drugs, no alcohol. >> emergency preparations underway near area 51. we are coming right back.

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jillian: a look at top headlines this morning starting with a fox news alert, california sheriff's deputies shot by a sniper outside his station. he is expected to be okay, his bulletproof vest is credited with saving his life. los angeles county sheriff's office says there are no suspects arrested or detained right now. >> around-the-clock mission underway to find two firefighters lost at sea. it has been nearly week since they were last seen leaving for a fishing trip in florida. volunteers and government agencies searching as far north as north carolina. the coast guard will decide whether to continue that search. jillian: donald trump honoring a basketball legend with the presidential medal of freedom.

it is his first visiting years. the hall of famer won six titles and played in 13 straight all-star games with the boston celtics. the community preparing for thousands of people to storm area 51 in nevada. >> others plan to rake in cash from the event. >> more on the preps underway. >> reporter: the even that may or may not happen next month is 1-of-a-kind, storm area 51 began as an internet joke, in invitation to break into a top-secret air force facility rumored to hold aliens and government secrets about ufos, but 2 million rsvps, the only hotel and restaurant for 50 years sees a goldmine. >> not sure where we are going to do this, we have an idea where to put the vendors. >> lincoln county approved the permit for a 3-day music festival but neighboring night county turned down a similar

concert. >> i have a duty to public health and safety and that is most important. >> the two counties are larger than connecticut, the single two lane highway supports the area with a head full of gas stations and 184 hotel rooms. and sanitation and public safety nightmare. >> this is a non-drugs, no alcohol. >> reporter: supporters predict thousands whether officials like it or not. the website promises a predawn raid to, quote, find aliens, the pentagon says the roadblocks and personnel so the truth could be out there but on this trip not likely to find it. >> reporter: a week after dropping his white house bid, the former colorado governor just announced he is vying for

cory gardner's seat with other candidates. senate minority leader chuck schumer reportedly looking over to iran. >>, and allowing facilities. this would rather house 200 unaccompanied minors. democratic mayor accusing the government of trying to, quote, warehouse children. vetoing a bill that would require sheriffs and police to cooperate with ice, roy cooper called the law unconstitutional and we can law enforcement by draining resources. >> one of the most disturbing vetos passed in the house. >> he could override the veto.

>> donald trump using executive order to cancel their debt. >> owed by 20,000 eligible veterans who made a minced sacrifices. >> they have to pay federal income tax and loans. >> check out this random cup of cuts. i am not reading that next line. are producers tried to grab mcdonald's coffee and here it is. where are you guys? >> the new pay it forward campaign, mcdonald's will give 500 mc café cards.

>> the cards are good for one of coffee. mcdonald's hopes the idea will spark -- a ripple effect of kindness. >> what a surprise. >> where is this coming from? wrestling in the back, the bags tried to get everything. >> hopefully that made sense? >> i am on it. >> did you drink out of that? >> i promised. >> people helping people. >> that was my -- >> ask and you shall receive. >> a first for everything. >> in 20 years, incredible, storm reports, we had potential

for hail and damaging winds, we saw those in the mid-atlantic. and then across portions of the central plains. today we watch future radar but we will not see major severe storms, there could be thunderstorms along with this cold front and this could bring very refreshing temperatures just like your coffee. this is amazing. we could see potential for some precipitation for the next couple days across the central plains and the mid-atlantic and florida region. there is your forecast, hot, hazy and humid. >> what a professional, had no idea given the beverages. >> let's not go crazy. here's the potential of developments in the tropics, east of florida. nothing yet but we will keep an eye on it.

>> in case this didn't make sense we were jumbled at that second. if you go to mcdonald's you are supposed to give someone else cheers. >> i learned that from jillian. 36 after the hour, a lot more coming up. can racial bias impact a jury's verdict? we put it to the legal test, debating the controversial new standard. >> the dancing debacle. we are going to tell you about it when we come back.

>> in a unanimous decision washington state supreme court ruling must prevent racial bias in trials, judges can question jury members of an allegation of bias is brought up.

>> allegations of racial bias is something the court has to take seriously in the sense the court needs to conduct an inquiry. >> would this make it harder for guilty verdicts to stand? to debate, defense attorney benson and attorney madison, thanks for being here. >> it is a great idea. numbers don't lie. african-americans are incarcerated 5 times more than their white counterparts. they should peel back the layers and determine whether there has been any implicit or explicit bias when it comes to jury deliberations. >> it is a slippery slope when it comes to guilty verdicts. >> this could potentially be a slippery slope. so i think we need to investigate and do everything we

can to avoid racial bias? yes. is a going to do that? we have to wait and see. this is not the only concern was what about bias against women? finished be bias? so many biases that are not going to be addressed kick you and the fact that you look back to the rodriguez case and there were many concerns. some people might feel the pressure post verdict and it's not a popular verdict to go back and rectify that verdict. it can be very concerning and could cause more common good. >> i disagree with madison. the court is not saying they are not willing to consider other biases that might come up. racial bias is there implicit or explicit. and peeling back the layers, if other jurors bring back the fact that there were implicit or explicit bias that comes forward

when it comes to gender or any other ethnicity the court is more than willing to consider that but we have a case, implicit index was it racial bias on the forefront and the court is saying pull back the layers. holdup, let me finish. need to continue and once we consider it we will determine whether to consider other factors but they are not saying -- >> peeling back the layers -- we cannot tear down the confidentiality of what we suspected for generations, centuries. >> if you could -- >> confidentiality -- the judge and the court are going to provide the safeguards to make sure confidentiality is not reached. >> you think there is no merit when you look at this?

look at the many concerns they had with the decision in 2017 have no merit, no concern about the confidentiality and how important that is. >> do you have concerns? >> to peel back the layers to make sure the 14th amendment rights are guaranteed to african-americans? >> improperly interpreted. todd: we usually don't have such a vigorous debate at 5:44 in the morning but you took the mantle today with that. we appreciate it, thank you very much. jillian: 16 until the top of the are, the stage is set for the third democratic debate but do any of the candidates have a strong enough message for the economy and immigration? national press secretary of the trump pens 2020 reelection campaign joins us live next.

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todd: in 13 minutes unless my clock is off we will do a 3-hour show. among the topics, the floor is amendment, a crackdown at the border, what does it mean for democrats, cruel and inhumane? what does j johnson say? he is starting with republicans on this. we bring back the soundbite to raise your eyebrows, and talking about joe biden the inevitable candidate, not according to cory booker, democrats turning on each other as once again joe biden doesn't miss an opportunity to say my good friend is barack obama and then the controversy over dancing with the stars. sean spicer will be here to take it on head on. we have mark morgan and greg

jarrett. lawrence jones will be here, diamond and silk have never been apart, they will be together again. we will discuss this as soon as i put on pants to get underneath this couch and also going to be urging you to get dressed. back to jillian and todd who will continue for 11 minutes. >> it may take some of your time. the third candidate, new details about what is to come for the ten candidates it to take the stage. >> the question remains do they have what it takes to unseat donald trump? here to weigh in is kaylee, i am going to go out on a random limb and say you assume the answer is no. my new question for you, why?

>> you've seen a lot of radicalism on that stage with joe biden wanting to illuminate all fossil fuels, every democrat contender raising their hand for healthcare for illegal immigrants, talk about decriminalization. what is going to be unique about the third debate, joe biden in between elizabeth warren and bernie sanders, pulling him as far left as humanly possible. there is immense pressure on joe biden. >> if it stays at ten candidates, it is qualified on the third debate. and kamala harris and amy klobuchar, beto o'rourke, bernie sanders, elizabeth warren and andrew yang, those people on scheme, who has the most to

prove? >> they all have something to prove to america because what america has seen as a choice between that and worse. they act as if there are differences between these candidates but there aren't. we talk about eliminating private insurance, only 2 or 3 raised their hand but all their plans lead to that consequence, joe biden in his public option crowding out employer-provided health insurance, these candidates are the candidates of the 15% who support late-term abortion and open borders and crowding out private insurance. america is not satisfied with what they are saying. >> the movement you wanted to discuss is pretty fascinated, team trump launching a coast-to-coast campaign the most important 2020 battleground states and push to mobilize suburban women. you recognize if i'm not mistaken the 2018 suburban women according to most pundits,

really hurt republicans chances of remain training the house. and what is going forward to get suburban women back to these battleground states? >> the trump campaign will be in 14 cities, i will be in georgia with doctor alvina king with the fact of the trump presidency, on the cutting edge for women, the first and only president with a plan for paid family leave and budget and the president who has had below 4% unemployment, george w. bush, barack obama, on the pioneering stage.

and the republican party, inequality in the workplace, not possible without donald trump. >> the achievements for women under the trump administration include lowest unemployment in 65 years, including in federal budget, $2.4 billion increase job care and child tax credit. the conversation, people in public, out to dinner and restaurants, so many people say you can't argue what this administration has done for the economy but people like the tone and the messaging, that's not going to change, that is who the president is but how do you balance that when sending this message to women out there? >> is what i believe about women, when the president pulled the 17,000 people and record crowd in a blue state like new hampshire, don't want to say from head to tell, i was in the voting booth last time, didn't know what to do because the media demonized donald trump so much. in that moment i pulled the

lever for trump, i don't regret it. i have on my mag a clothing, they don't talk to pollsters or the media, they will pull the lever for donald trump and that happened in 2016 and it will happen in 20. rob: thank you so much. we are coming right back. s are g summer with no regrets. it's labor day! book a place to stay and be a booker . .

todd: this guy already knows how to sachet away from the critics. he is just doing it on a brand new stage. >> from the briefing room it's sean spicer. >> white house press

secretary sean spicer slamming critics as he dances with the stars. telling the media, quote: i never really thin real really ct they think. joyful from our exhausting political climate and free from exhausting political jillian: mayor tweeting some people have one move only, boycott, cancel. here's the thing. the house voted 318 to 17 to condemn the bds movement, including 93% of dems. does tlaib want to boycott 93 hers of own party? the house overwhelmingly opposing the boycott sanctions or bds movement against israel. todd: time for the good, the bad, and the ugly. a world series coach

crushing loss. >> elizabeth, new jersey is now known in the best light because of this group of boys. for the rest of my life i'm proud you guys are going to call me coach. all right? there is dad and there is coach. i love you guys. todd: thanking his youngsters for how they represented their community after being eliminated by louisiana. jillian: a plane flies off the runway and burst into flames trying to take off from california. the raging fire fueled by a full tank of gas. all 10 people got off the plane safely. thank goodness. todd: finally the best story of the day also your ugly. 020 hopeful bill de blasio ending livestream campaign experience on a high note. >> i apologize that you ever got to know donald trump but this new yorker volunteers to get rid of him for you. todd: somebody trying to frantically fix the malfunction. the mayor's voice is higher than his poll numbers.

jillian: so fun when you were a kid suck the helium out of a balloon and your voice would go all crazy like that. todd: made it onto the campaign trail. guaranteed not to be the craziest thing we see in 2020. jillian: true, true. have a good day, everyone. ♪ ♪ ♪ steve: look at that it's already the 22nd day of august. summer is coming to a close. ainsley: back in the city. people go out of town for the summer. brian: darker earlier. this way when you get up in the dark, too. ainsley: right. brian: and really cold in the morning. ainsley: that's why we love fall because it gets darker sooner. brian: revenue we get from raking. steve: when is the last time you did yard work? brian: i watch other people do it. nsy: