>> it is thursday, september 12th, happening right now 4:00 on the east coast a landmark win for border security, the supreme court siding with donald trump allowing new asylum was to take effect. what democrats insist that the fight isn't over, despite the number of illegal border crossings plunging. enough is enough, 6 deaths and hundreds of illnesses nationwide now linked to vapeing. how the white house plans to crack down on you cigarettes for good. a trip down memory lane, why hillary clinton just spent an hour sitting by the mock

resolute desk reading her own emails. "fox and friends first" starts right now. >> good morning. a live look at new york city, the 9/11 tribute in light. it represents where the twin towers once stood. people all across the country pausing to remember all those lives lost. you are watching "fox and friends first" thursday morning. thank you for starting the day with us. a major win for the trump administration, the supreme court reinstating asylum

restrictions after a surprising about-face from the ninth circuit. griff jenkins joins us from washington with reaction from democrats and justices with dissenting opinions. >> a big deal, the high court given the green light to enforce restrictions on asylum-seekers trying to enter the us by traveling through every country such as mexico without seeking protection. the president claiming victory tweeting big win for the border on asylum. the ruling follows the us district judge locking the administration's than earlier this summer followed by the ninth circuit court of appeals with an injunction to arizona and california meaning the band to be instated in texas and new mexico. now it to move forward in all states, two of the 9 justices, sonya sotomayor andrew. ginsburg dissented, writing once again the executive branch is issued it will that seeks to upend long-standing practices regarding refugees who seek shelter from persecution but the justice department was

applauding the decision saying this actual this is the administration and its objectives to bring order to the crisis at the southern border, close loopholes in the immigration system and discourage frivolous claims. democrat senator richard blumenthal blasted it. >> people covered by this rule barred from seeking asylum here are similarly seeking to escape persecution, violence condoned by government in their countries. this contravenes the spirit if not the letter of this law and the intent of congress in passing it. >> while is a victory for the administration we haven't heard the last of it. the decision was not a ruling on the merits of the case. those arguments will play out in lower courts. >> we have much more on this, thank you. turning to a fox news alert breaking overnight a fugitive couple on the run for weeks back

behind bars, blaine and susan barstow taken into custody northeast of phoenix, arizona but it is unclear how they were found and captured. the couple escaped custody on august 26th. they did that by overpowering guards in a prison transport van and extradited from new york to arizona where they face murder charges. another fox news alert, the elusive leader of al qaeda marking the anniversary of 9/11 by calling for attacks on the west. in a new video he urges jihadists to target the us, europe and israel specifically military bases. he was a key architect of the september 11th attacks, he took over al qaeda after usama bin laden was killed. disturbing billboards going up in baghdad, some reading death to america. one of showing what it looks

like or what looks to be the ghost of the statue of liberty holding donald trump's head. the sign blaming the us for incivility in the middle east. the billboards are thought to be part of an anti-american and anti-israel campaign by pro-iranian groups. donald trump confirming a short list for john bolton's replacement one day after the national security adviser left the administration. sources say one of the 5 names being floated is mike pompeo and there are rumors the secretary of state could absorb the it is not unheard of. henry kissinger served both roles for president nixon. donald trump is expected to make a decision next week. the trump administration preparing to ban flavored e-cigarettes among a mysterious lung disease outbreak, six people have died from the vapeing related illness in the us. todd pyro joins us on the

president taking action. >> saying he will not stand idly by the white house signaling its intent to reverse what it calls and epidemic. >> people are dying from vapeing so we are looking at it closely. we have to find out the extent of the problems. it is so new. it is so new. we are going to find out. >> the band flavors that would be removed include mint menthol, candy and fruit flavor. look at this. it shows data supporting the ban. if you look on the right you can see the rise of e-cigarette use with 33 states reporting cases of lung illnesses associated with the use of e-cigarette products, 450 potential cases in all. this week alone, 3 houston teens were hospitalized for vapeing while another is on life support after switching to e-cigarette's to shake her smoking habit.

>> the food and drug administration intends to finalize a guidance document that would commence enforcement to require all flavors other than tobacco flavor would be removed from the market. >> in response, joule, the largest e-cigarette maker supports a reset of waiver restrictions which would comply with any guidelines from the fda but the band might actually help them by bringing its competitors in line with what it is done voluntarily, curbing shipments. >> thank you, appreciate it. the house judiciary committee will formalize rules for formalized impeachment hearings after steny hoyer contradicted chairman jerry nadler saying democrats were not conducting an

impeachment inquiry into the president, he misunderstood the question. the top democrat clarifying in a statement i strongly support chairman nadler and the judiciary committee, democrats as they proceed with their investigation to determine whether to recommend articles of impeachment to the full house. it is that time again, the top 10 presidential candidates will share the debate stage for the first time tonight, andrew yang has something big and unprecedented plans. he teased this on twitter. gold chain. they are sending a message of its own, reading socialism will hill houston's economy.

>> turning to a live look, this is representing where the twin towers once stood. they pay tribute standing with 9/11 first responders. the team wearing customs featuring the twin towers that were ordered by pete alonso. the mets won against the diamondbacks with 9 runs and 11 hits. on the side of 9/11 very moving. fire in the sky. imagine seeing flames like this shooting out of a jet engine. this is 30,000 feet, the terrifying moments just minutes after takeoff. eco-terrorists planning views

drones to shut down one of the busiest airports. if they do that what else are they capable of cute you using drugs done for terrorists, his take on the threat when he joins us live. stay with us.

>> a fox news alert, al qaeda releasing a propaganda video on the anniversary of 9/11. the terror group's most deadly attack against americans, the elusive terrorist leader calling for them to continue their attacks on the west. here to react, thank you for joining us, appreciate it. another propaganda video. we have a quote from the latest one from al qaeda, just as they

join forces against us everywhere they must chase them down everywhere the time and place of our choosing, be inventive and creative in your methods. what do you take away from this especially yesterday on 9/11? >> i don't think these groups ever left, they've been waiting in the shadows and this thought process, the we can just walk away from countries like afghanistan and iraq and won't have this terrorism problem for the rest of our lives is a fallacy. we are going to fighting these organizations as long as we live, that is the reality and men and women downrange trying to do that as we speak. >> we have video that came out, this bombing, this isis island off the coast where the us just said we are going to take you out. >> the public affairs office put this video out. it shows the nature of the threat and that are men and

women downrange are fighting every single day. i spent a lot of time hunting down members of the islamic state but never have i heard of an island of isis fighters. that shows how dangerous this is, they are dropping 80,000 pound bombs, the type of munitions we used in world war ii and vietnam. the reason this is happening is isis fighters are assimilating back into locations that were previously liberated and then isis prisoners in the syrian defense force prisons, overcapacity and being released and going back to what they know, that will be going forward the issue we have to deal with on a regular basis. >> the ecoterrorists using drones to shut down heathrow airport in london september 13th, saying they are going to do this. let's bring up that statement from the group.

>> what these ecoterrorists are trying to do and he throws a perfect example of the power of drone technology in the wrong hands, they know what they are planning to do it the airport tomorrow is illegal and they are willing to do it anyway and that is the future of terrorism, no longer necessarily focused on an individual but economic disruption and destroying economies and we saw this example of the scale of that when a drone shut down another airport in the uk for close to 3 days in the scale of that damage was close to $60 million in economic loss in these airport officials and that is going to just continue evolving and we are going to see more groups like that taking a weapon of war and using it to disrupt these economies so we have to come up with solutions to stop that, counter drone solutions that enable drones that are flying around for good reasons but also stop and disrupt these

operations that are taking place right now. shannon: if anyone would know how we could possibly do that, what would be the answer cute you >> right now there are a number of companies including one i currently advise for that are creating cryptographic intelligence solutions that allow you to stop illicit drones while at the same time enabling authorized drones, police role in military drone may be able to fly around the government area that any terrorism furnace immediately stopped. what you're doing is creating a digital license plate which is the future of this industry, we are talking about making it so you can identify remotely this drone is allowed to be in that airspace versus something that is intended is not just about terrorism, and a drone hitting an airplane, the truth is a one in 1 billion chance a drone will take down an airliner, it is about the economic loss and so much more than what we are seeing than a drone hitting an

airplane. >> not just ecoterrorists but terrorists to the economy, thank you for joining us, appreciate your expertise. the border crisis front and center on capitol hill his former ice director tom homan puts democrats in their place. listen to this. >> i have never seen such hate toward law enforcement in my life that you want to abolish them. >> if you don't like it, legislate. >> one of our favorites, one of them just getting warmed up in the new york times says airplanes took aim at the world trade center on 911. airplanes take aim. the backlash was instant. carly shimkus with the outrage over the now deleted tweet.

>> welcome back, the maa warning a proposed pay to play law would be unconstitutional. california bill would allow student-athletes to make money off the use of their name, their likeness and their image. it was passed in the state senate and heads to governor gavin newsom's desk. the ncaa claims of the bill was signed california schools will be banned from competition since it would blur the lines between professional and amateur athletes. escaping the report claiming triple crown winner justify was able to race despite failing a drug test. the new york times reporting the cold tested positive for drugs that could enhance performance and this is just a month before

the kentucky derby. the case was reportedly dropped four months later. investigators claim the results could come from contaminated food to the amount of drugs in his system indicate that it was intentionally given to him. right now the new york times accused of trying to rewrite history with a now deleted tweet that blamed airplanes for the september 11th terror attack on its own city. carly shimkus with fox news headlines serious xm 115 here with how social media is helping them get the story straight and this was immediate. >> it was immediate and for good reason, so much anger over this one. the new york times alluded a tweet where they describe 9/11 as an event where airplanes took aim at the world trade center. 18 years has passed since airplanes took aim and brought down the world trade center.

families will once again gather and grieve at the site were more than 2000 people died. after facing significant backlash for failing to mention the terrorist organization al qaeda that hijacked those planes the pay provides the two say 18 years after nearly 3000 people were lost families of those killed in the terror attack will gather at the 9/11 memorial. many people calling this move so disrespectful, when twitter user says the airplanes didn't take aim, the islam of hijackers, gary says it is so offensive that the newspaper based in new york tries to downplay 9/11 and feel they need to rewrite history, another twitter user says i just can't, with your constant in desperate need to propagandize and on this day, on this day. the glossing over 9/11 we have seen before, ilhan omar. >> very familiar, sounds like

someone did something. >> that was mentioned yesterday people were reading the names of family members. very moving what he had to say. andrew yang, why would you ever democratic debate at the same time as an nfl game. >> look at the tweet. he's going to be on the debate stage but he asked a very practical question. the debate starts at 8:00, the panthers -- it is a panthers game. rich on twitter says democrats are focused on urban centers and not the heartland, they are in both areas. it is more important than picking the next president.

this choice will determine my vote. >> it will be interesting to see the ratings on the fact. >> was a football game in the mix? will raining down? >> let's talk about hillary clinton looking through her emails for an hour. >> starts with an art exhibit in italy and it has 60,000 hillary clinton emails on a desk in the oval office, hillary clinton went to that exhibit and spent an hour leafing through her emails and had this to say, further proof nothing wrong or controversial can be found, makes them accessible to everyone it allows everyone to read them. they are so boring. an hour looking through emails. one person says did she include any of the 30 k that were bleached? >> maybe she found some of the missing ones. heather: is art.

thank you so much. 36 after the top of the hour, we were just talking about this. do you remember when ilhan omar said some people did something on 9/11? one man who lost his mother in the attacks is making sure she never forgets. >> 19 islamic terrorists, members of al qaeda killed 3000 people and caused billions of dollars of economic damage. that is what some people did. >> overwhelming support pouring it on social media, donald trump could and flavored e-cigarettes after illnesses. our next guest is a doctor who has seen a danger firsthand. why more needs to be done to stop the epidemic. ans. it lets you borrow up to 100 percent of your home's value.

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>> half past the top of the hour. a major win for the trump administration, the supreme court reinstating asylum restrictions after a surprising about-face from the ninth circuit. sonya sotomyron ruth bader ginsburg dissented. the policy will take effect nationwide while the case makes its way through the lower court. the trump administration preparing to ban slavery cigarettes amid mysterious lung disease outbreak. the ban would remove all e-cigarette flavors besides tobacco including men's, menthol and candy flavors, 6 people have died from the vape related illnesses. donald trump speaking at a retreat with republican house members. this comes weeks after the presiden out calling baltimore a rash and rodent infested missed.

a man who lost his mother in the 911 terror attacks rips congresswoman ilhan omar for this comment. >> was founded after 9/11 because they recognized that some people did something. >> some people did something. aishah hasnie with an emotional speech. >> nicholas lost his mother in the 9/11 attacks. yesterday he stood at ground 0 until minnesota congresswoman ilhan omar exactly who did what 18 years ago. >> some people did something. we know who and what was done. there is no uncertainty about that. why your confusion on that day 19 islamic terrorists, members of al qaeda killed 3000 people

and caused billions of dollars of economic damage. is that clear? >> harris junior ripped into the congresswoman during the reading of the victims names responding to omar's infamous remarks earlier this year where she described the terrorist attack as some people did something. those words were written on the shirt he wore to that memorial and later that night he spoke to fox's sean hannity on why he called omar out. >> i don't remember where i was when i first heard that quote but it tore my heart apart. >> at the same time harris junior was making his remarks congresswoman omar tweeted a video recalling her experience on 9/11 and acknowledging yes, it was more than just something. >> the events of 9/11 were life

altering for all of us. this was one of the most horrific terrorist attacks we have lived through. >> not just one, it was the worst terrorist attack on us soil, not clear if the congresswoman was responding to harris junior or has seen his message or will acknowledge it or trying to backtrack on her original statement. people online had a lot to say about this. >> we asked you what you thought about harris junior's be, your responses overwhelmingly positive. on facebook, thank you, god bless you and all who have suffered through 9/11. a twitter user posting he nailed it and on instagram, so glad he said this. it is the truth. >> keep your comments coming in on that for sure. never forget. appreciate it.

former acting ice director tom home and heading back against false narratives during the border crisis hearing on capitol hill. listen to this. >> under this administration, always be remembered as one that was very ruthless and inhumane treatment of asylum-seekers. >> let's be frank about what i says, they rescued thousands of children who were victims of predators, hundreds of women were victims of sex trafficking. i'm proud of the agency. in my 34 years i've never seen such hatred toward law enforcement agency in your life. >> your time is expired. >> mister homan, according to the rules of this committee. mister homan, your time is expired. >> home and defending the agency after being slammed by far left democrats during the hearing on the administration's immigration policies. we love when he gets fired up.

another mess payout for johnson & johnson, new jersey court ordering them to pay $37 million to victims claiming as best us in its baby powder gave some mesothelioma. johnson & johnson has filed for a mistrial claiming the plaintiff's closing argument prejudiced the jury. this is one of thousands of lawsuits, the jury awarding 22 women with ovarian cancer, $5 billion last year. donald trump's moved to ban all e-cigarette flavors comes on the heels of the 6 deaths in the us linked to vapeing. the cdc says as many as accord of all high schoolers could be vapeing in here to break down the health hazards is doctor jeanette. let's begin with the sound we have from health and human services secretary warning that an entire generation could become addicted to nicotine.

listen. >> an entire generation of children risks becoming addicted to nicotine because of the attractiveness, appealability and availability of these vapeing products. >> your thoughts? >> we have already several million teenagers addicted to vapeing and nicotine and this number is going higher. we got to take action because it is so critical to understand the consequences of what vapeing can do to underdeveloped lungs of these kids. last year was only 3 million, now we are up to 5 million. the flavors, watermelon, cotton candy, fruit punch, they are sucking in children so they start vapeing and they don't realize they don't know and understand nicotine is highly addictive and half of these young kids who start vapeing will start smoking regular cigarettes.

it is definitely an epidemic that we have got to tackle. >> it is not just addicting, it is deadly. vapeing illnesses and deaths, we can bring up that map. what you think is causing it? >> i have had patients myself who have come in with severe chest pain, coughing, they can't breathe, some of their lungs have collapsed. i've had to insert chest tubes to reinflate their lungs which can be life-threatening if you don't do that in a timely manner. what is happening is they are inhaling chemicals, toxins that are irritants to the lung and it causes inflammation in the lungs in the lungs swell up, fill with fluid, they can't breathe, these ultrafine particles go deep into the air sacs of the lungs and you can't get oxygenation in and out and they go into respiratory distress. that is why we are seeing some of them hospitalized and a lot

of this is probably due to vapeing products purchased off the streets, black market products, thc products that are not fda regulated and they are inhaling these artificial flavors and chemicals which can kill cells in the lungs and cause problems with breathing. shannon: not to interrupt you but while you are talking about it let's bring up some of the symptoms that you already mentioned, coughing, chest pain, vomiting, fatigue, weight loss. if you experience these symptoms you should take note. >> absolutely. it is a bit unfair that responsible adults use e-cigarette as a means to quit smoking but we have to do something, take action to protect our children because it is growing number, we have to educate our kids, make it a part of the curricula at school just like physical education and sex education, we need drug education, parents to teach

their children and we need to tackle this growing epidemic. todd: 1 have this comment from the vape technology association, and the history of the united states prohibition never worked, didn't work with alcohol, won't work with e-cigarette, this will lead to a black market that will operate with 0 safety control but as you said we have to do something. >> absolutely. they wanted to eliminate the flavors other than tobacco flavor because most kids, 10 and 12-year-olds teenagers are attracted to fruit flavors, cotton candy, fruit punch, gummy bears, they don't like mint and menthol and tobacco flavors which we have to take steps to protect our future generations, just like the surgeon general says, just like our hhs secretary said. this is just one step to combat this epidemic. it makes sense. >> we appreciate you joining us with your expertise, have a good day. the time is 20 minutes until the

top of the hour. shamed for a bad parking job. the revenge prank on this inconsiderate shopper going viral.

heather: some business headlines, publix is asking shoppers to keep their guns at home, the latest company to announce a policy against open carry. tracy carrasco with foxbusiness with what inspired the change. >> a growing movement from retailers asking customers to leave their firearms at home, publix the latest grocery store chain to do so saying in a statement we respectfully requests only law enforcement officials openly carry firearms in our store.

publix has a large presence in states that allow people to openly carry their guns like georgia and alabama but this follows the decision from walmart making that change after 22 people were killed in an el paso, texas store and another shooting at one of their mississippi stores. last week we saw kroger, cvs and walgreens making a decision to ask customers not to bring guns into their stores. we don't know how they will import this, we could see more retailers following suit. >> walmart rolling out a limited grocery delivery subscription service. >> this is a subscription service that will cost $98 a year. they are rolling this out in ca

pick up some basic necessities like lightbulbs, walmart trying to compete with that fresh food delivery taking over, amazon doing a good job as well so there is a $30 minimum, you have to order more groceries. >> everyone changing, thank you so much. the time 15 minutes until the top of the hour and this is not what you want to see out of your airplane window. look at this. >> shortly after takeoff. here, it all starts with a simple...

hello! -hi!

how can i help? a data plan for everyone. everyone? everyone. let's send to everyone! [ camera clicking ] wifi up there? -ahhh. sure, why not? how'd he get out?! a camera might figure it out. that was easy! glad i could help. at xfinity, we're here to make life simple. easy. awesome. so come ask, shop, discover at your xfinity store today.

heather: overnight the us coast guard issuing safety recommendation following the deadly california boat fire suggesting limiting the use of power strips and extension cords and warns against charging lithium-ion batteries unsupervised. the ntsb will release its pulmonary report as the coast guard launches its highest level of investigation. divers recover the final victim from the water. 34 people died when the boat caught fire on a scuba driving trip last week. an empty facility could house the homeless in los angeles. the washington post reports trump administration officials on a fact-finding trip to the city about the crisis as the president orders a crackdown. the homeless population in los

angeles, 16% over the last year. the president praising his work on securing the southern border tweeting the wall is going up fastest by total obstruction by democrats in congress and elsewhere. senate democrats looking to force a vote to cancel the emergency declaration at the border allowing the government to divers billions of dollars in military funds to pay for the wall. the ohio state university can't trademark the word the apparently, the patent and trademark office denied the request to landmark the word the on university merchandise saying it is not necessary. osu says they reviewing the options. tonight the carolina panthers and tampa bay buccaneers kickoff nfl week 2 with a divisional

showdown, the panthers lost 30-27 in that nailbiter against the la rams sunday. the books are looking to rebound against a week one loss to the san francisco 49ers. interesting to see how many watched football versus the democratic debate. the time is 10 minutes until the top of the hour and thank you for your sacrifice. viral note sending a well-deserved message to law enforcement when they need it most after the mass shooting in odessa, texas. those simple words, brought an officer in hospital employee together with an unbreakable bond. they join us next with a reminder you need to hear. need cash? at newday, veteran homeowners can get $54,000 dollars or more to consolidate high rate credit card debt and lower their payments by $600 every month.

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>> and anonymous active gratitude in the wake of the deadly mass shooting, a thank you letter to a police officer has gone viral after it was left on his patrol car. the writer of that note has met the officer. they join me now, both of them. we appreciate it. so you decided to write this note after these mass shootings on august 31, 7 people killed, 22 injured. that was something you experienced the aftermath firsthand, you wrote this note. so tell us about that.

>> after the shooting, it dawned on me because it was something that happened in my hometown, never experienced anything that big before. after that shooting we went to this prayer vigil and there were so many police officers, so many people saying we are here to stop this danger, this evil and it dawned on me these police officers do so much, put their lives on the line every day for us. they do so much and i wanted to show gratitude towards them. heather: your response when you saw that kind gesture in an environment where we don't see kind gestures to police officers often.

>> it was huge. this month wasn't a smaller simple act in my mind. it was huge. it meant a lot. she said in her note she didn't know me and i didn't know her when she left it there but opening up and reading it that day before going back to work after an event like this she didn't know my story, my personal story or anything but the note i received at a time i was going through a lot in dealing with a lot after the shooting. when i read the note it felt very genuine and heartfelt and it helped me to get back out on the street and continue to do the job we have to continue doing. heather: your wife and daughter had been shot at. >> that is correct. i was out of town on a fishing trip with my son. when i got the call from her

that had driven by and shooting at him and hit the baby and directly behind her vehicle on 42nd st. and parkway i was out of town unable to be here when they were going through a crisis so support and encouragement going back that night and no way of knowing my individual story at that time but it helps out, it was a huge big deal, felt very personal when i received it. heather: in ten seconds, what does it mean to you that this is gone viral all over the country? >> i did not expect it to go viral and now that it did i am glad i got to see him. heather: thank you for joining us. it is a great message to people following 9/11. reach out to our first responders and tell them thank

you. thanks for joining us. "fox and friends first" continues, that wraps up this hour, hope everyone have a great day, goodbye. >> this is a fox news alert, the killer couple who escapes them nation manhunt, recaptured overnight after weeks. >> trump teams, law enforcement able to find this modern -- they made it across the border. donald trump gets the green light to enforce the toughest >> you will never believe which left-leaning circuit court paid through some liberal roadblocks. >> some people did something and all of us were starting to lose access to our civil liberties. >> on that day 19 islamic terrorists, members of al qaeda killed 3000