i know. (vo) go national. go like a pro. >> it is friday, september 20th. happening right now at 4:00 on the east coast a fox news alert, it has below linked suspects captured, accused of scouting locations for major attacks in one of america's busiest cities. what we know about him and his chilling plot police say was decades in the making. plus. tropical depression imelda hammering the same parts of

texas still reeling after hurricane harvey. a state of emergency in effect with life-threatening flash floods in the forecast. we are tracking the latest. >> standing over here. >> hero in blue goes beyond the badge to make sure a little girl gets to school. "fox and friends first" starts right now. ♪ >> let's officially say the weekend is here because when you get up this early you deserve it. you are watching "fox and friends first" on this friday morning, whether you're going to

better some people probably are or you are getting up. thank you for starting the day or ending it with us. top democrats are threatening to sue the white house and intelligence community over the refusal to release a secret whistleblower complaints, donald trump is standing his ground and griff jenkins joins us from washington as we learn the report may involve ukraine. >> reporter: that is right. according to the washington post who broke the story two days ago the whistleblowers complaint involves the president of ukraine, the post rights to a half weeks before the complaint was filed trump spoke with the ukrainian president who was elected in a landslide in may. that call is under investigation by house democrats examining whether trump and his attorney rudy giuliani sought to manipulate the ukrainian government into helping trump's reelection campaign.

giuliani appearing on cnn in a contentious interview so democrats ought to be looking at former vice president biden. >> in the course of investigating that i found out this incredible story about joe biden, that he bribed the president of ukraine to fire a prosecutor who was investigating his son. that is an astounding scandal of major proportions which all of you have covered up for 5 or 6 months. >> reporter: this after the inspector general for the intelligence community, michael atkinson appeared behind closed doors, refusing orders from the director of national intelligence to reveal the whistleblower complaint, saying it was credible and urgent. chairman adam schiff says he is prepared to take legal action to get answers. >> if it comes down the we have to go to court to get this we will have a good case to seek a

temporary restraining order or some urgent form of relief because the inspector general said this cannot wait. >> reporter: the white house has no official comment for the president react on twitter calling it fake news. the acting d and i says this is expected to appear before the intel committee next thursday. >> we will hear more from donald trump on twitter as well. have a great weekend. many on the left rushing to conclusions about the whistleblower's complaint but matthew whitaker says that is exactly what the whistleblower wants. >> this is a clear example of someone that is part of the deep state in the intelligence community taking advantage of this whistleblower procedure and trying to create this firestorm and i think it is completely overblown, this person who

clearly disagreed with whatever position the president took in his conversation wanted to get that out there, their version of politics was different and they disagreed with whatever he said and they are trying to get that out, give it to the washington post and congress, doing what they intend to do. shannon: despite no direct evidence of wrongdoing many of the president's critics are again calling for impeachment. another fox news alert, the jersey man charged with serving as a secret hezbollah operative in the us for more than a decade, prosecutors say he was scouting locations for potential attacks. aishah hasnie joins us how the feds uncover the terror ties and certainly glad they did. >> reporter: it is stunning what this man was up to while he was living a seemingly normal life in the us. he is a naturalized american citizen but authorities say his

true allegiance is to hezbollah. he had been scouting and serving dozens of locations in new york and dc like the us capitol building, times square, even major bridges and tunnels. these are pictures allegedly taken by him. in 2003 he is accused of providing intelligence and photos of grand central among other locations to hezbollah. the department of justice said this about him, in particular who focused on the structural weaknesses of locations he surveilled in order to determine how of future attack could cause most distraction. he allegedly joined hezbollah in 1996, he lawfully entered the us in 2000 and became a naturalized citizen in 2008. all the while he was traveling to lebanon to receive military style training and learn how to make bombs.

these are photos of explosives he drew for investigators to show them what he could make. this comes just one day after we told you about this former american airlines mechanic who was denied bail over his alleged ties to isis. his name is abdul-majeed marouf ahmed alano and he is from iraq, accused of sabotaging a nassau bound boeing 737 with 150 passengers and crew on board. at miami international airport, we were just talking about this yesterday. homeland security warning everyone about these homegrown attacks. now we know why. heather: we appreciate it, much more to come on that. iran in the meantime threatening and all-out war if the us or its allies take military action against them. the iranian foreign minister said the country will not blink to defend its territory.

the us has been weighing its options after all of this blaming iran for attacks on saudi oil facilities. donald trump has vowed to slap iran with more sanctions but the us has granted iranian leaders visas to attend the un general assembly next week. iran's president said the country will not negotiate with the us under any circumstances. the us withholding $160 million from afghanistan while accusing its government of failing to fight corruption, after afghanistan's president clashed with donald trump over a peace deal with the taliban and. the state department says it will withhold $100 million slated for an energy and infrastructure project and $60 million in planned assistance. a power struggle brewing in israel. a former military general declares victory over prime minister benjamin netanyahu. election results are not

official but gets is rejecting benjamin netanyahu's offer to share power. is relapse longest-serving primus are proposing a unity government and rotating the leadership role. gantz is refusing to work with netanyahu citing potential corruption charges against him. final election results are expected next week. we will let you know what happens. back here in this country a state of emergency and texas instruments of imelda with catastrophic flash flooding. two people confirmed dead including a teenager who was electrocuted. hundreds of cars abandoned in houston as the floodwaters make the roads impassable. you can see police using a rope to save a stranded family, two young children wearing life vests as officers waited through waist deep water. then this bus was stuck in flooding.

more than 600 flights were canceled. we will have more with janice dean so stay tuned. a victory for donald trump in a bicoastal battle over his tax returns. a california judge blocking a state law which would require presidential candidates to release 5 years of returns to get on the 2020 primary ballot. the ruling coming hours after the president sued to stop new york prosecutors from getting his returns as part of an investigation into alleged hush money payments. we will have more on that coming up with one of the attorneys involved. the 2020 potential hopefuls take their climate change plan center stage. 11 democrats and republicans laying out ideas at the today msnbc event, some pledging to spend trillions in tax dollars.

>> fossil fuel executives who knew they were destroying the planet but kept on doing it. we will hold them accountable. >> the entire white house motor pool. >> mandatory national service of one year for people between 18 and 26 because we need you. >> foreign participants include cory booker and mayor pete buttigieg. millions of students worldwide demanding action on climate change. global climate strike kicking off in australia with tens of thousands of people filling the street of sydney. all public schools in new york will excuse absences for students who skip class to protest. what do you think of that? the jacksonville jaguars beat the titans for their first win of the season. >> here is one for the end zone.

he has got it, touchdown, what a throw. >> reporter: gardner tossing a pair of touchdowns, a 20-7 win. 11 minutes after the top of the hour and another step toward securing the border. agents will now be screening claims of credible fear before granting asylum. what does this mean for the boots on the ground trying to cross the border. tom homans says it is a win for everyone and joined us next. deaths linked to vapeing, how the feds are stepping in, the new criminal probe being launched.

heather: donald trump cracking down on asylum-seekers coming across the border.

the administration influence the pilot program allowing border agency interview potential asylum-seekers. what does this mean for agents on the ground? let's discuss it with tom homan we always appreciate coming on in the morning. so as we begin let's bring up the full-screen we have of the number of credible fear of asylum-seekers since 2014, gradually increased, take a look at the number. the number of applicants claiming credible fear has increased, the number of those accepted as credible cases has increased as well. we have more people making these claims, we need more people working these cases and the solution is border patrol agents. do you agree with that? >> i absolutely doing this is a pilot project so we will see how it works. i think it will be a great

program. everybody on both sides of the issue on the right or left of it agree the backlog is an issue and it is taking too long for this to happen. this will solve the problem. not just trainees that have been trained, asylum officers to do these interviews still being supervised by cis. i think it will answer the concerns of both sides. heather: one of the concerns, people are concerned those border agents making this determination, they are saying these are the same people who are responsible for deportation, therefore they are going to come into it with an idea they already don't want these people here. how do you answer that argument? >> the same way i answered in the hearing on capitol hill, law enforcement officers practice prosecutorial discretion. am i going to arrest this person

or not? if trained they will have certain criteria. there are experts they are interviewing and this is the number one job to try to get to the truth is they have a separate set of criteria and questions and they will make a determination. supervised by a cis supervisor who has been doing this for years. this process is well supervised and well-maintained. heather: let's bring a proportion last week where you went to to do with democratic lawmakers and get you to respond. >> to make sure the jingoistic bigoted testimony of mister homan is called out as nearly completely untrue. he should know better. >> i have forgotten more than you will ever know. to say my testimony is inaccurate is wrong. if you want to go toe to toe i am here. heather: i don't think i would want to go toe to toe with you.

i was watching the way you were treated as the expert in the room. >> she made a statement, attacked my credibility and ran away. she didn't ask a question. she spent her entire time attacking me. it upset her and other people on the left, my opening statement said this is political theater, nothing will come out of it because you don't want the truth, you don't want the facts, it is another attack on the administration. i asked her what did i say that was inaccurate and she couldn't say because nothing was. she proved my point along with every democrat on the committee, not one asked a substantive question on policy, not one asked about the subject of the hearing. they took time to attack me personally and ran out of the

room or refuse to answer. they proved my point this was political theater and nothing more. heather: i want to reiterate the comments you made in reference to not only do we need to fix this law because it needs to be fixed, it will save lives on both sides of the border. >> absolutely. it is not just doing the right thing but fixing loopholes so we secure the border, 31%, children have died or continue to die until we secure the border, stopping facing people to come by leaving loopholes wide open. it is congress's failure and responsibility to fix it and they refused to do it. heather: that goes along with expediting the process at the border which is what we began talking about so hopefully that can be fixed with the pilot program. thank you for joining us. we appreciate hearing from you. have a good day. the time is 40 minutes, 20

minutes after the top of the hour. the new i in the sky, facial recognition being used in airport security checkpoints nationwide but what is more important, privacy or security? is a major concern it is sparking among passengers.

heather: keeping us safe or invading our privacy? federal agencies considering expanding facial recognition technology to airports across the country. jackie heinrich joins us with concerns being raised, great to have you with us. this is a fascinating story.

the software is only being used at the gates and only on international flights for certain airlines but tsa wants to expand wall flights, even domestic and that causes privacy concerns. it is pretty simple. rather than showing your passport and ticket at the gate you file for a photo and customs and border protection send the image to the cloud where it matches it with a picture of who they already have, typically from your passport. cvp says it delete pictures of us citizens after 12 hours but images of some aliens can be held up to 14 days, maybe longer. they haven't outright said they would never share that data with other federal agencies, writing only authorized personnel and representatives of approved cvp partners will have access and only cvp staff and personnel may have access to the cloud database. the aclu says there need to be laws limiting the technology.

>> congress never clearly authorize the tsa to use the technology and it is not ready for airport use. we haven't debated the privacy concerns and we don't understand what the agency wants to do and how they will be using this data. >> reporter: cbc says it is the fastest way to keep people safe, they have a 97% match rate and already caught 7 people posing as someone else at airports. heather: what if people want to opt out? >> you can opt out. the concern for the aclu and other groups is if you do that will you be put in the slowly in and penalized for wanting your privacy you even airlines have said that a greater concern from these groups is they are not making it easy for people to figure out how to opt out. it took me a minute to find this on their website in the privacy section under a footnote. travelers who don't wish to

participate can notify a cbp officer or the airline and it is under -- it took me a while to find it. if they bring it to the airport and use it for all flights, they have big giant signs. as of right now it is not abundantly clear. >> small print under the small print, great to have you with us. next in weather alert, historic flooding turned deadly in texas. the devastating rainfall leaving entire towns underwater. and athena tracking the storms and she is up next. a victory for the trump administration in california. a judge blocking the state's election law requiring candidates to release their tax returns to get on the ballot. attorney hamid dylan was in court and this is a win for the

first amendment, she joins us live. ♪ another one bites the dust ♪

heather: starting with a fox news alert, a new jersey man accused of working as an undercover operative for the terror group hezbollah, the justice department says alexei sob, these photos of several landmarks including times square in the us capitol building while scouting potential terrorism targets which he could face more than 100 years in prison. donald trump standing his ground after democrats threatened to sue over the intelligence community refusing to release a secret whistleblower complaint. the president taking to twitter saying it is another fake news story and presidential harassment. the washington post reports the president made a promise to a foreign leader. more rain expected in texas

where a state of emergency is underway. remanence of imelda battling the houston area with catastrophic flash flooding, flooding roads, thousands stranded, two people confirmed dead in the storm. hundreds of flights have been canceled. let's bring in janice dean standing by to let us know what is in the way. >> today will start to taper off. this is a good reminder you don't need a hurricane or even a tropical storm to cause this much disaster. this was imelda, a remnant low, an area of low pressure they didn't move in dollars moisture from the gulf of mexico, over 40 inches of rain in a matter of two days in parts of southeast texas. one of the areas that was incredibly affected here east of the houston area, south galveston, some of the images

coming out of their just devastating, high water rescues, there were hundreds of them yesterday. here's the radar, you see the deluge of rain through southeast texas into parts of louisiana. things will get better today. we will see the potential for showers in the forecast. some areas could get a couple inches on top of historic flooding again. even though the rain is tapering off we will see flash flooding advisories for a couple days if those rivers and come down. in two years we had harvey and now we have another historic storm bringing incredible amounts of rain. future radar, by saturday the worst of it is over but we will see some additional rainfall especially along the coastlines. we will keep you posted.

shannon: what is it with the storms that sit in one place? dorian did the same over the bahamas? >> the steering currents. we don't have strong steering currents to help the storms and move northward. that is the story this year and the past couple years. heather: thank you, appreciate it, be careful. newly released surveillance video revealing the chilling moments a gunman opens fire on a california synagogue. you can see the shooter storming with a rifle shooting as panicked worshipers run for their lives. one person was killed, three others wounded including the rabbi and a little girl and john ernest working in court as prosecutors show the video and played the 911 call where he allegedly admits to the shooting. >> we are not going to go down without a fight. >> reporter: ernest is charged

with hate crime, murder, and could face the death penalty, the judge is expected to rule today if he will stand trial. the woman who encouraged her suicidal boyfriend to kill himself is asking early release from prison. michelle carter walked in and change after serving 7 months of a 15 month sentence. carter was convicted of involuntary manslaughter for pressure her boyfriend to take his own life over text messages in 2014. her lawyers claim the ruling is in violation of the first amendment. democratic mega donor charged in an overdose death and provided drugs that killed more in 2017. he could face life in prison. more's mother now speaking out. >> i want to thank everybody with us, thank you so much, so grateful. we will get the justice we deserves.

>> a second and overdosed and died earlier this year. is not been charged in that. buck was arrested accusing a drug den, injecting a man with so much math he almost died. justin trudeau facing a townhall after photos surfaced of him wearing black face. an audience member asking if he could count the number of times he has worn blackface or at least round to the nearest 5 and listen to this. >> i'm not going to make light of the situation. what i did was inexcusable and wrong and hurt a lot of people. there is no way to sugarcoat it. it was something i did wrong and i take responsibility for it. heather: he can't answer the number of times he did it.

he admitted he was unsure how many similar images could emerge. the trump administration claims victory in california. a federal judge blocking a law aimed at keeping donald trump off of the state's 2020 ballot unless he releases his tax returns. harmeet dhillon was in the courtroom when that ruling came down. thank you, we appreciate having you with us. i saw you late last night on fox as well. >> it has been an exciting day. heather: what happened in the courtroom? how did you feel after the judge found in your favor? >> it was a long hearing, 21/2 hours. i was arguing beside other rnc lawyers and lawyers for the president and other attorneys. we went back and forth with the attorney general and his team and we were able to convince the judge that this law was unconstitutional on a number of

grounds and issued an injunction. this law will not go into effect, not just donald trump but now presidential candidate will be required to release their taxes as a condition of being on the ballot. this is a victory for the voters and the first amendment. heather: here is what the governor had to say. he wanted the law to ensure transparency saying states have a legal and moral duty to restore public confidence in government, leaders seeking the highest offices need to meet minimal standards but the issue was states adding different standards to the presidential race. >> absolutely right. we have had one set of qualifications since the founding of this country and no matter what voyeurism, particular statement, don't like donald trump or another candidate might have, they don't have a right to impose their own criteria. if they did that imagine if we had 50 standards throughout the country, somebody requiring

school cards or health records. it doesn't work. the judge made the right decision, the state will appeal it. we feel good that this is going to stick. heather: what about impact on other states? similar situation going on in new york? >> absolutely. if it is unconstitutional in california it is unconstitutional everywhere and i hope this will deter other states from going down this path. when you have a federal civil rights lawsuit challenging what you are doing in the state you may a attorneys fees of the rnc, the president and all these people and it is not effective and they should move on and pick another battle. heather: you brought up attorneys fees, i want to talk about the amount of money donald trump was able to raise in california. >> i got a chance to spend time with the president tuesday. he ran $15 million on this two

day sweep, more than all the other democratic candidates put together this year and that is on the heels of the rnc raising $24 million in august which is a record hall. the president is popular among republicans in california and we are looking forward to having him on the ballot and getting all the delegates from california in our election in march. heather: he came off of air force one. no doubt he is excited about this all the way around in california. great job, appreciate you joining us. the time is 20 minutes until the top of the hour and the feds are stepping in after an 8 person dies from the vape related illness that is left 500 others sick. what you need to know to keep yourself and your kids safe. in 2020, some people have their money on hillary clinton. we will explain that coming up. ♪

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heather: you are watching "fox and friends first," a business alert, a major gun manufacturer suspending production of a are 15 rifles for civilians. tracy carrasco here with why the company is doing it now. >> reporter: gun manufacturer cold says there is already, quote, an adequate supply of these high-powered weapons, the ar 15, they say they will be suspending that production because this is a market-driven decision according to the company. it has nothing to do with any pressure they are facing from outside groups, others who have been pushing for sales and manufacturing of these high-powered weapons because of the mass shootings we have seen in the country. colt said in a facebook post, quote, we believe it is good sense to follow customer demand

and market dynamics change. colt has been a supporter of the second amendment for over 180 years, remains so it will continue to provide its customers with the finest quality firearms in the world. the company said it will continue to make and sell these ar 15s for war fighters and law enforcement personnel because they say they have a lot of contracts with those groups. no longer available for production for civilians. heather: have a great weekend. now to a health alert. the fda launching a criminal probe as we learn in its person has died from a vapeing related illness, the agency focusing on black-market e-cigarette products and a shocking new update from the cdc, there are 530 confirmed and probable cases of vapeing related illnesses up from 380 cases just one week ago.

the latest person to die was a middle-aged man in missouri who started vapeing in may. embattled drugmaker purdue pharma asking a judge to authorize $34 million in employee bonuses. the washington post reporting the company wants to reward workers who met performance goals. this comes just days after purdue filed for bankruptcy. the company is facing thousands of lawsuits accusing them of helping fuel the opioid crisis by misleading doctors about the risk of its painkiller oxycontin. the time is 15 minutes until the top of the hour and it is a day dedicated to raising awareness about the disease the directly impact 6 million americans. doctor nicole safire is live with a closer look at prevention. good morning. - in the last year, there were three victims

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heather: tomorrow is world alzheimer's day dedicated to raise awareness about a disease that impacts 5.7 million americans was where does the medical field currently stands with treatment, prevention, all of that? here is our resident expert, doctor nicole safire, thank you for coming in. such an important topic, so many people impacted by this disease. >> reporter: alzheimer's disease is estimated the sixth leading cause of death of americans, third leading cause of death older americans. in effect a lot of us. there is a lot of media

attention on what causes alzheimer's disease and what can be done to prevent it and the truth is genetics play a lot. if you have a family history, cardiovascular disease, diabetes and even migraines are linked to alzheimer's disease. heather: it seems like a disease we don't know a lot about. >> we are doing a lot of research, what happened in the brain, to diagnose alzheimer's disease, an autopsy after death. a lot of studies help us understand it but we can't say for certain, when working on this vaccine that shows -- in the medical community, we are years if not decades out before we know if that will work in humans. the most important thing to do, decrease your risk of all timers

disease or cognitive decline is a nutritious diet, exercise, social activity, interacting with people, i don't mean on social media but actual conversations, a great way to prevent cognitive decline. to stay active mentally and physically. heather: we can bring those up for people at home, so important, social engagements, twitter and facebook doesn't count, you have to get out and have personal relationships. >> in my home we play board games and in other areas of the world adult still play a lot of boardgames and those tend to be areas where people are living longer. that through connectivity is one of the most important things we can do coupled with a balanced diet and exercise. heather: what can family members do in terms of recognizing the symptoms? >> it can be very vague in the beginning. people start to forget things as they age. it doesn't mean they have alzheimer's disease but if your loved one is starting to be more

forgetful especially if you have a family history of alzheimer's it is important to go through a doctor because there are medications that can slow the progression. heather: there is an effort between dementia and alzheimer's? >> there is a different difference, for some people it looks the same so to you it may seem they have the same thing but on the imaging studies and what their brain shows it is different. alzheimer's is more severe, more behavioral problems which can be hard for family members to cope with. it is important to enlist social support and medical support to make sure you delay this progression but also have support for the patient and their entire family. heather: as we head international alzheimer's day tomorrow we are hopeful we are going in a direction where we will get more answers but we have a long way to go. >> we have a long way to go but healthy living in general is the best way to decrease preventable

death and my plea is to focus on how you can make yourself healthier and keep your family healthier. heather: diet, exercise and connectivity, put your phone down. thanks, appreciate it as always. the time is eight minutes until the top of the hour. one church community has a chilling message for the thieves who stole their new air conditioner and it is enough to make anyone want to repent. ♪

>> time for the good, the bad and the ugly. a police officer goes above and beyond the badge when a woman blows her tire trying to get her daughter to school. >> how my supposed to get to school on time? i'm writing with her, got the car seat in there. >> officer john ruzicka driving this child to school in waco, texas, his act of kindness going viral. now the bad, church has a blend message for whoever stole its new air-conditioning unit. the ohio church says it was worth $3000, you don't have to be in it to win it. the democratic nomination,

anyone else who is running, the site has elizabeth warren as the most likely nominee with 6-1 odds. i'm rushing through that because we want to get ready to celebrate this, national pepperoni day. there is a day for every one. >> i never knew that until i got to new york. >> and we were just talking about healthy eating. >> pizza for lunch or dinner tonight. >> proteins, cheese. >> watch your fingernails. >> no calories. >> we are over here eating, robin julian don't get any pizza but maybe later. that wraps up his hour of "fox and friends first". thank you for joining us, enjoy some pepperoni pizza today, have a great weekend, goodbye.

rob: it is friday, september 20th at fox news alert, terror takedown, a new jersey man accused of scouting popular tourist spots for attacks across america's major cities. jillian: his chilling plan that was decades in the making of the committal act or presidential harassment? rob: the white house fighting back about special favors for foreign leader. joe biden could be connected. jillian: backing the blue on the football field. mike pence just got an honor from new york's finest. rob: "fox and friends first" continues. ♪