rob: we got like 12 seconds to talk. jillian: what do you want to talk about? rob: i don't know. jillian: you are going to a wedding this weekend in d.c. rob: what are you doing? jillian: my mom's birthday is tomorrow. happy birthday roseanne. have a good day. rob: bye-bye. ♪ ♪ ♪ when did you go, go, go ♪ until you hear banjo. brian: is this the song that bret baier sang with rascal flatts? did you see that? ainsley: i don't think this was the one. did i see him on stage. brian: i bet you bret baier could sing this. steve: it was kind of a rap, wasn't it? brian: i don't know. if anyone from rascal flatts is watching, if you think bret baier could sing this song, call in. all right? steve: more importantly than saluting banjo, the name of the song, let's salute ainsley. today is her birthday.

[cheers] ainsley: when you get older you are like i don't care about celebrating. but thank you. brian: do you celebrate a day or a week long celebration. ainsley: it is a day if that. this year i'm kind of like meh, okay. i'm going home and see my mom who gave birth to me today. that's special to me. i love her and she has been through a lot recently. that's going to be fun. other than that, you don't even celebrate your birthday. we don't even get to talk about it when it's your birthday. brian: it's about you. this is my prediction. it's going to be a slow ramp up. here it is 6:00 in the morning. by the afternoon it's my birthday. by tonight a wild celebration. saturday morning breakfast with friends and then the best friends for lunch and at night it's party time in the clubs where steve and i are the happiest and by sunday i'm so exhausted from celebrating. that's my prediction. ainsley: please don't do that for me today. that's enough, thank you. i am happy i'm glad i was born. steve: ted forgot to turn on

the teleprompter. ainsley: it says stop celebrating ainsley move on with the news. steve: you know, what ainsley, we can't start your birthday without saying glad you were born. ainsley: thank you. steve: thank you for joining us on ainsley's birthday. a fox news alert. a new jersey man is charged with serving as a secret hezbollah operative here in the united states. ainsley: that's exactly right. prosecutors say he was scouting locations, pretty scary, for potential terror attacks in major cities. brian: rob schmitt all over this story and joins us with how the feds uncovered the terror ties. rob? rob: it is squarey. times square, empire state building. lincoln memorial. 42-year-old scouted for hezbollah. the department of justice says saab took these pictures of landmarks in new york, d.c., and boston providing information on each location to that terror group. the department of justice detailing these disturbing allegations in a 33-page complaint saying that saab

focused on the structural weaknesses of the locations that he surveilled in order to determine how a future attack could cause the most destruction. saab allegedly joined hezbollah back in 1996, four years before he legally entered the united states. he then became a naturalized citizen in 2008. all the while he was traveling to lebanon to receive military style training. investigators say saab drew these pictures by hand of bombs that he learned how to make. and it all comes just one day after a former american airlines mechanic was denied bail over his alleged ties to isis. that naturalized american citizen from iraq is accused of sabotaging that flight back in july with 150 passengers on board. thankfully the pilots caught what was happening. they didn't take off. and he will appear in court later today to make a plea. now charges against saab include providing material to a terror organization and conspiracy and he could face more than 100 years in prison. guys, we will send it back

to you. steve: all right, ron, we thank you very much. by the way, this guy was also charged with marriage fraud among other things. ainsley: what is marriage fraud? steve: good question. apparent live it was a sham. brian: when you marry your brother and come here and say that you want to be an american citizen. that would be a marriage fraud. steve: i don't think he did that. ainsley: or marry more than one person. brian: right. ainsley: that would be another fraud. brian: when it's not real love. steve: top story in addition yesterday we telling you about that whistle blower complaint apparently on august 12th. this whistleblower filed a complaint with the intel community's inspector general. now we are learning more about it and we told you yesterday that apparently the pepper was so incensed that the president of the united states on a phone call with the world leader made a promise that was so out of the ordinary, so extraordinary he had to file this complaint. well now we know it was with more than one conversation.

we just don't know who exactly it was. although the "new york times" and "the washington post" are saying it did involve the country of ukraine. ainsley: would that mean that someone is in the room listening to the president with the conversation or they have transcripts? steve: could be both. not only are there people in the room when the president is talking. people in the situation room transcribing and those transcriptions get circulated. brian: the "new york times" and "the washington post" st. ukraine. number one, what could it be? what could they hold? they could say hey, you know those lethal weapons we have coming your direction. help to clean up the corruption of your government. also, could you find out and this is the intimation, if politics were at play, that if anything with joe biden and his son or any of these dicey investments that haveline long-rumored could you get to the bottom of that. comedian won won by a landslide in the spring and took tower in the spring. could this be it. [could it be the nsa listening in deciding to come forward? could be that person who

wrote that mysterious column, the anonymous column in the "new york times" talking about how everyone is trying to keep the president in line, that he is out of control. and he is the adult in the room, we never found out who was behind that the president of the united states tweeted this out in respondent to the new controversial knowing all of this. is anybody dumb enough to believe that i would say something inappropriate with a foreign leader while such a potentially heavily populated -- while on a potentially heavily populated call. i would only do what is right anyway and only do good for the u.s.a. sounds like somebody is not happy with the president's policies and want to come forward as a whistleblower. ainsley: we don't know the substance of this complaint. congressman adam schiff is serious about this. he wants to know what the details are national intelligence director has blocked. steve: he referred it to the department of justice. and the department of justice determined that the matter was privileged.

apparently the doj determined that the law did not require disclosing the complaint to the committee because it didn't involve a member of the intelligence community or an intel activity under the dni's supervision. and that really has infuriated that man right there adam schiff. nonetheless, a lot of people are on tv are speculating without the whistle blower. watch this. all speculation. >> this is incredibly high stakes for everybody involved. distopic. >> uncharted territory. >> i feel like we are watching vladimir putin's best fantasy play out in realtime. >> all of this is an example of the way the president uses power when he believes his word is law. >> what we see now emerge something a massive cover-up effort by the white house and the department of justice to prevent the facts from coming to light. >> i think we are at this point of seeing this trampling of our laws and procedures by an individual in the oval office.

brian: right. that's very similar to -- they could probably use some of the same clips during the two and a half year russia investigation. 0 to 10 type of emotional reaction. this is the worse thing ever that we have ever seen. do they understand the way this works? you go out and say this is the worse thing ever and more and more facts leak out and suddenly it's not that big of deal. my sense is that is where this whole thing is heading. >> our president is l. talk to heads of states of other countries readouts where calls are. sometimes they have differences but more than not they are on the same page. steve: how are we getting this information when the president is on the phone with somebody -- another world leader and then suspect in the intel community leaks it because they want to damage the president. that is clearly and we have seen this happen during the entire presidency of donald j. trump. ari fleischer used to work for president w. bush and he

had this observation about what is going on. >> a fuse the press wants to light on fire because it's anti-president trump. they run with it. the analogy i give, laura. if you are batting 0 for 19 and deep batting 0 for 1 or 0 for 20. i suspect 0 for 20. the only thing that gives me any ounce of credibility that they didn't leak it. a whistle blower who went through the process and intelligence officer. that's how you handle it. you don't leak. here's the other side of it. those phone calls are widely circulated. if there was something so uncapitol hill, so wrong, some would have seen it, why is there only bun? it doesn't make sense. >> some pictures have emerged of trufn trudeau running for prime minister again. the prime minister of canada of him dressed up in black face. it turns out that several pictures have now been released there are at least three of them. last night was a town hall. that's what's making news this morning.

here's what he said about it. >> earlier today you were questioned about how many times have you appeared in blackface or brown face. is it possible to round to the nearest five? >> i'm not going to make light of the situation. i don't think it's something we should be making light of. i take responsibility for it. sir. as we move forward as a country and i move forward and continue to try to fight against intolerance and racism,. brian: what is he making fun of, he is asking a legitimate question. you told us one. "time" magazine is the one that discovered it. now there is more. how many is there? he does say -- he does enjoy dressing up in costumes. so that is one of his passions, evidently. steve: he said i shouldn't have done it. i should have known better but i didn't. i' m really sorry. brian: keep in mind, justin trudeau i can't give u. the

x's and o's canadian politics i do know every time he talks he comes from a position as if he knows more of superiority. he is the next generation. he always says i grew up privileged and he apologizes for that when you have somebody that walks around condemning other people for not being as woke as him, you have to wonder if this is hypocrisy 101. ainsley: it's a little shocking even though it's wrong, everyone knows that or should know it at least. his dad is in politics. his dad -- wasn't his dad the prime minister. brian: he grew up the unfortunate privilege. ainsley: he should know growing up in that household if you are going to be a politician you have to appeal to your entire group. your entire base. here is a little flashback of justin trudeau on being more inexclusive. >> talking about love and acceptance and friendship and respect. we shouldn't be afraid of the word feminist. men and women should use it to describe themselves any time they want.

>> the future of mankind so we would like you to. >> we like to say people kind, not necessarily mankind. it's more inexclusive. steve: so there you have got the ultra progressive prime minister of canada. former head of the canadian liberal party was on with tucker last night and call mrs. trudeau a hypocrite. >> truld is known as the biggest hypocrite in canada. it's not his privileged background. he is a hypocrite. he is fake he is like a lot of worldwide liberals donating all the taxpayer's money to their causes do as i say not as i do. he is not sorry. is he sorry that somebody called him out. he has been acting very well for the last four years. people saying we have had enough of this. also saying i'm a feminist. hits on people all the time. last year a young reporter came up and said 18 years ago he groped her. >> tucker: um-huh. >> he has fired people for less than that and ruined

people's lives for less than that. brian: october 21st the conservative and he are in a very tight race. a problem with an attorney general scandal over there. so we will see where this goes. but, remember, the virginia governor got in a similar scandal when he was emerged, costume. he quit or got fired. which one was that? ainsley: no. he decided to stay on. steve: along with the lt. governor. brian: he is a democrat, right? steve: that's the very latest from canada and the united states. let's talk politics here. coming up, it's been a rocky road to 2020 for mr. joe biden. >> it would put 720 million back -- million women back in the workforce. >> we choose truth over facts. ainsley: we will see now hit a new low in the latest fox news poll. how worried should he be? mark penn going to talk about that next ♪ don't let me down, down, down

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so should joe biden be concerned about that poll position he? is still at the top. here to weigh in is chairman of the harris poll and former clinton strategist mark penn, mark, good morning to you. >> good morning. steve: joe biden is still beating bernie sanders by at least 10. he's down 2 according to our latest poll. >> yeah. i don't think down 2 means a lot with the number of voters in the poll. look, i think clearly biden is ahead. he does he have well with older democrats, african-americans, sanders, you know, does well with younger democrats and latinos and warren is coming on quite strong with elites, the most educated. steve: when you look at this poll, bernie sanders over august has gone up 8. that's a lot. >> some polls have sanders going down. some up. i think it's clear that biden is ahead. the other two are following. the race is taking shape. but i think it's going to be hard for anybody to get a majority of the delegates if this race stays the way it

is unless there is a fundamental change between sanders and warne warren this ce a brok brokered convention. steve: he said it was stolen from him the last time the way the set up the last time. >> no one wins the first ballot. there are 16 super delegates they could go with biden you could have that actually happening this time. you never know, this sellerly for the democratic primary. who wins iowa and new hampshire is really going to determine how this race shapsz out. steve: hillary clinton had this observation a couple of days ago. listen to this about why she lost. >> you can run the best campaign. you can have the best plans. you can get the nomination. you can win the popular vote, and you can lose the electoral college and, therefore, the election. for these four reasons. number one, voter

suppression. steve: well, that's number one. was there voter suppression? >> well, turnout actually from 2012 went up slightly and it went up slightly, you know, in michigan, places like michigan. was it record where she won in minnesota? look, there are a lot of reasons she lost. primarily she lost because donald trump took the working class from the democrats, put them in his column and i think if she had conceded the election cleanly, and talked about the issues, she actually would have been in a great position to get back in today to do a what richard nixon did and get back. in and today her ratings are 10% below donald trump because she goes out and says it was all unfair. steve: why does she do that? >> i don't know. i think she. >> i know you are not donna brazile. >> i have always had the greatest respect for her and i think if she had just gone out, talked about the issues, helped put the country together, today they would be doing what they did

last time which is put her in as the nominee. that's not happening because she now has, look, 30% and even trump has 40% whereas biden is liked by about 50%. that's how it has shaken out. i wish she would concede the elections. i think everybody would see her in a better light if she did. steve: is it very helpful to the democrats to have her say things like that at this point? >> it may be. look. she is talking to a democratic constituency to try to get the vote out and she is saying don't stay home. fair point. steve: all right. mark penn, thanks for not staying home. we will see you next time. meanwhile on this friday clashes erupting outside of a fundraiser for president trump earlier this week. the left is already promising protests. another fundraiser next week. what do president trump's supporters have to say about that? take a look. diamond and silk coming up next ♪ i got a new attitude ♪

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jillian: good morning, welcome back. a fox news alert now. a state of emergency in texas remnants of imelda batter the. teenager electrocuted hundreds of cars abandoned in houston as floodwaters made roads impassable. can you see police using a rope to save a stranded family. 42 inches of rain festival in 27 hours. more wet weather is expected today. democratic mega donor ed buck federally charged in a man's overdose death. prosecutors say he provided the drugs that killed jamel moore in 2017. if convicted buck could face life in prison. a second man overdosed and died at buck's los angeles home earlier this year. he has not been charged. buck was arrested earlier

this week accused of running a drug den and injecting a man with so much meth he almost died. that's a look at your headlines. we will have more later in the show. steve? steve: all right, jillian, thank you. a new york billionaire set to host a fundraiser for president trump's 2020 re-election and the left already promising protests. brian: this just days after protests broke out outside of a los angeles fundraiser after celebrities called for the doxxing of hollywood's trump donors. ainsley: here to react some of the president's biggest supporters fox news celebrities diamond and silk. hey, ladies. >> hey. ainsley: why do you think folks are doing in this is america. you are allowed to support which ever candidate you want but you have got these protesters. >> maybe these protesters are afraid that donald trump is going to outraise what a democrat will do. you know. brian: 13 million. >> that's all i can think of it. listen to me, let me tell you something. everybody have a right to their first amendment rights. but you don't have a right

to go spew hate, disrupted someone else's fundraiser. >> that's right. >> because you are upset that people are fundraising. what people need to also understand is president trump has supporters that you see and those that you don't see. and anybody that's a millionaire or a billionaire got to be crazy to vote for a democrat who want to take your money. you need to be fundraising with donald trump who wants you to keep more money in your pocket. >> that's right. brian: i have got to bring you to another interview that charles barkley always says things that's on his mind often creates controversy and oftentimes he makes a lot of sense. a very successful radio show. he was on with -- charles barkley was on with him. listen to what he said about democrats and the black vot vote. >> i said we need to start holding you democrats accountable. >> right. >> point is they have been taking black people's vote. they only talk to black people every four years. all these politicians only

talk to black people every four years because they want their vote. oh, actually the republicans don't. the democrats do. but when they get elected they do nothing in the four years in-between. brian: republicans don't have a concerted effort to get the black vote and democrats take it for granted. >> let me tell you this here. when it comes to democrats, listen, they promise everything and they deliver on nothing. >> nothing. >> look at how they are promising reparations. black people don't need reparations. they need liberation from the democratic party. another thing when it comes to the republican party, we have a republican president. he is not all talk. he takes action. unemployment among black at all-time low. first step act. opportunity czar. i want people to look at that republicans don't have to pander because they deliver. >> exactly. >> our republican president. president donald j. trump is delivering promises made, promises kept. >> and it's about time that charles barkley and others have a come to jesus moment and realize that the

democrat party mean black people no good. brian: the president should get his team in to the inner city. he should be having rallies there whether it's small or big. he should be having forums there. either to trumpet what he has done or find out what needs to be done. don't you think? >> well, the president is doing what he needs to do when it comes down to black people by showing people this is what you need for the black community. you need jobs so that you can take care of your family. instead of talking about it. he is being about it. and that's why black people are waking up to it. steve: and that is why when the president is asked about reaching out to the black vote he said, look, they have got historic low unemployment. >> exactly. steve: we should also point out that charles barkley not going to support donald trump. instead, he supports julian castro and pete buttigieg for the 2020 nod. brian: both more than likely. >> they can support whoever they want to. i want to support somebody that is doing something for the betterment of americans.

all americans including black americans. steve: diamond and silk thank you very much. of course can you catch them on our favorite app. ainsley: on fox nation. it is the netflix for conservatives. okay. thanks, ladies. 2020 democrats vowing to save the planet in a two-day climate change event. >> we should adopt a new category of refugees, a climate refugee. you would want to modify americans' diets. brian: right, exactly. west virginia governor jimg justice is in coal country has a message for democrats on climate change day. ♪ you are up and you are down ♪ you are wrong when it's right ♪ it's black and it's white ♪ we fight ♪ we break up ♪ we kiss ♪ we make up to stock up ♪

>> we should adopt a new category of refugees, a climate refugee. >> we need to be involved in the united nations family planning efforts. >> you would want to modify americans' diets.

>> pass carbon fee and dividend. >> we need to go beyond just thinking about the facts. i want you to think about this with your heart. >> is our democracy up to this task? >> fossil fuel executives who knew that they were destroying the planet, we will hold them accountable. >> thank you, bernie. 2020 democrats vowing to take extreme measures to save the planet at this week's two-day climate change event. ainsley: some of the 2020 top democrats like elizabeth warren and joe biden are not even attending. brian: jim justice joins us now via skype. governor, what are you doing for climate change day today? are you cutting class or are you cutting work? >> well, i hope to goodness we are not doing that. but, the cast of characters spewing out this stuff just to get on a soapbox and make a scene but i oftentimes i think about this. you know, the good companies, the good people that are mining coal or in

our gas industry, what would happen -- what would happen if they decided enough's enough. enough's enough. we are just going to go own a moratorium for 60 days, 90 days. there are so many out there that don't understand how important, you know, that the coal industry and the gas industry and that we want clean air. we want clean water. we want clean everything, but how important that is to our nation. in 60 or 90 days we would have an impact beyond belief. and you know, so, we just don't think about that. you know. that really and truly. some point in time people may just decide we are tired of getting beat on. and you know in west virginia, we got so many great people that go to work every day and do great stuff for this nation and they have done it forever more. and this bunch ever characters and everything is just on a soapbox hollering and everything is really really silly. steve: you know, governor, you famously, now, are a republican. but you used to be a democrat. and what we just heard all

of those candidates talking about is kind of where the democratic party is your former party is right now. brian: and the next generation. >> well, everybody is entitled to make a mistake in their life. and that was really a brain farther to tell you the honest truth. my family have been republicans all forever. i had been a republican all forever and everything. but i am rock solid republican. that's all there is to it. i love our president and i think we are really great personal friends i think he is doing great work. this is not a conservative-democrat way either. this is such a way out philosophy that it's all it's going to do is destroy america and destroy our way of life that we have today and we celebrated for years and years. >> governor, congratulations on the unemployment numbers being so low. lowest since october of 8 under your leadership. what have you done? what do you credit this to? >> it's been an all-in

approach. sure we have our miners back to work and people working in the gas industry. tourism is exploding in west virginia. manufacturing is really on the move in west virginia. high tech and some things from education and lots of stuff. west virginia is on the move. and west virginia has become the diamond in the rough that everybody has missed. i tell everybody, if you want a terrific job and live in paradise, you need to be in west virginia. >> well, governor, what do you say to people -- how do you explain that if you go to a 14 to 22-year-old, they are all willing to go to extreme measures on climate change? i don't even know how you motivate people in that age bracket to do anything let alone. this how do you explain that and does it intimidate you as a republican? >> well, first of all, they just don't understand, you know, to be perfectly honest, there may very well be 10,000 that don't understand or are misinformed versus one that

is informed. the reality is just this: and here's all there is to it. if these nut jobs would go to china and let's just say we send them all to china and say you go to china and get china to go along. once you get that done, you come back and talk to us. china is not going to go along. india is not going to go along. all we are doing is blowing our own legs off and everything. it sounds great and everything. people don't realize if you want pristine air and water. come to west virginia. come to the state that is producing the -- for crying out loud it's unbelievable what pristine air we live in every day here. it's absolutely a cry'n shame what people are doing and preying on the uninformed. we do want clean coal. we do want clean gas. we do want al termives. we want an all-in approach. we are smart enough to know

that you have to have a seat at the table in the energy sector today or we are going to blow our legs off. steve: it is certainly something that a lot of people are talking about, particularly on the political left where you used to be. now you are a republican. governor justice, thank you very much for joining us today. ainsley: thank you. >> thank you guys so much. brian: go get them, governor. jillian, welcome back. jillian: thank you, brian. thank you for having me. start off with this story we are fog now. the fda is launching a criminal probe as we learn an 8th person has died from vaping related illness. the agency now focusing on black market ecigarette products. the latest person to die was a middle aged man in missouri who started vaping in may. there are now 530 confirmed and probable causes of vaping related illnesses. that's up from 380 cases just one week ago. a woman accusing patriots' wide receiver antonio brown of sexual assault claims he intimidated her with text messages. according to "sports illustrated" he included a picture of her children in a

group message after she came forward this week. brown's lawyer denies her claims and similar allegations from a former trainer. nike just dropped brown's sponsorship. the company has not commented why. a substitute teacher is fired making a list labeling students as devils or angels, middle schoolers in georgia discovered the list believed to be based on behavior. parents as you can imagine are upset. >> unprofessional. out of line. it's unethical. who labels anybody like that much less children? jillian: teacher also labeled an entire class a quote actual nightmare. funeral for veteran with no friends or family. some driving more than 50 miles for sergeant linden baght in nashville. >> as a veteran you never let somebody die by them selves. you come out and honor them. jillian: members of the u.s.

air force and patriot guard also attended the funeral. isn't that sweet? brian: absolutely. meanwhile, talk about sweet, that is janice dean. janice: did you see sleep in talking about sleep? ainsley: sweets. janice: sleep? janice: sweets. like a chocolate chip cookie. brian: that's the worse toss ever. janice: i made it bad. brian: i meant it good. janice: you are awesome, brian. brian: you expect the worse from me. that's the problem. [laughter] janice: you know what, you guys? it's a wonderful day today. can you say something for me right now? >> happy birthday, ainsley. >> happy birthday, ainsley. we are so glad you were born. brian: she wants to deemphasize it so do not spread the word. janice: you are wonderful and sweet, ainsley. take a look at the maps real

quick. incredible amounts of flooding in texas yesterday. heart breaking amounts of flooding. over 40 inches of rainfall. it is the 7th wettest tropical cyclone in u.s. history the remnants of imel do. the good news is the storm is moving out and weakening. we are going to see heavy rain in the arc la techs. see flood advisories for all of these areas that don't need to see any more rain, unfortunately. lots of prayers for our folks in texas. additional rainfall 1 to 3 inches. we still have a lot of activity out in the atlantic and pacific. good news it is not going to come with us. miss you ben and kids. happy birthday alisyn. >> happy birthday, alison love you. janice: we love you, ainsley. so glad you were born. ainsley: i share my birthday with alison.

steve: a names. brian: good news no sleep on your birthday. ainsley: and sweet. remember the college student banned from handing out valentines that said jesus loves you? well, she sued and she won. that student is going to join us live in an exclusive interview. brian: praise the lord ♪ in the world ♪ hmm. exactly. liberty mutual customizes your car insurance, so you only pay for what you need. nice. but, uh... what's up with your... partner? not again. limu that's your reflection. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪

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here with more in a "fox & friends" exclusive is that student polyanna olson. hey, polyanna, thanks for being with us. >> thanks for having me again. ainsley: you are welcome. tell us what happened last year valentine's day? >> so, last year, i spent about 15 minutes on campus handing out these valentines. and campus security was called and they told me i was soliciting and breaking their public assembly policy and that people may find my messages offensive. and disrupting learning environment. ainsley: you were handing out to one of your friends who works in the general study's office her name is cassandra. why the heck do they care if it's fine with you and fine with cassandra? >> well, they said that no one else in the office could get one. >> really? so you weren't being you inclusive? >> apparently it was restricted. >> wow. so then what happens? campus police is notified. how did it make it into a courtroom? >> well, this is the second time it happened.

the first time was just after my mom died. and i was carrying on her tradition of handing these out to anyone on valentine's day that might need a little encouragement and so since this was the second time, i wasn't going to be quiet and just shoved under the rug. i told them i was going to tell anyone and everyone about it and so i did. and i ended up in court and actually getting to go to the white house as well. ainsley: tell me about that. why did you go to the white house? >> so, in march, president trump sent me an invitation to come and speak at the white house about free speecfreedom ofspeech on campus. he signed an executive on my behalf and other students protecting freedom of speech on campuses. ainsley: whoa, that's amazing. so what was your conversation with him. >> not much but how he treated each of us students with a servant's heart because when i was called up

to speak, he actually adjusted the mic to my height and i was like wow, i was served by the president of the united states that's pretty cool. ainsley: you know what? this message is such a loving message. you are telling people that jesus loves them and they are cared for. what is so wrong with that message? >> well, when jesus died on the cross and came back to life, he made it so that there is consequences for sin and he just paid them and so now there is accountability for people. ainsley: eventually a judge voted in your favor? >> yes. yes. friday, the 13th wasn't so lucky for my school. we actually won our free speech case. ainsley: have you talked to someone at the school. >> i talked to a few students and several teachers have congratulated me. they are very proud that i stood up for our rights because it's not just my rights. it's everyone's rights on campus. that have been violated.

ainsley: what happens this february? will you be handing out more valentines? >> i will be handing them out any day now. it's kind of become my calling card. ainsley: we did get a statement from northeast wisconsin technical college your school from the president the ruling talks about common space i think we will make it clear that students can be in any of the common spaces. but the offices are like any other office. you don't normally go into a place and you can't just walk in to any office that you want to walk into. what does he mean by that? >> so, apparently the office that i was in was supposed to be restricted but i had been entering it for seven years. and the week before they watched my backpack so, yeah. not too sure what he is referring to other than you know some counseling rooms. they actually have posted signs hey, make sure you check in at the front. ainsley: thank you for coming on and continuing to spread his love. god bless you polyanna. >> you are welcome.

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♪ steve: this morning, apple fans are celebrating getting ready for the highly anticipated release of the new iphone 11 and iphone 11 pro. ainsley: new york city fifth avenue flagship store reopening on the plaza right after a major remodel just in time for the big day. brian: kurt the cyberguy joins us from the new store to tell us more. hey, kurt. >> hey, brian, good morning to you. and ainsley, happy birthday is, this your birthday present the new iphone 11 or would you rather have --

what color do you want? happy birthday happy friday. >> in honor of the daughter i will take pink. >> you do pink? all right. we will work on that one. what's the big deal with this phone? well, apparently the big buzz on this one the iphone 11 the entry level is that apple dropped the price for the first time on any of their phone lines down 50 bucks. this will start at 699. it goes on sale today. we are located at fifth avenue. it's the flab ship store for apple. and then this is the one that really is getting the buzz. this the iphone 11 pro-max. and those cameras on the back of it, there are three of them, a tell low photo lens and wide angle lens and ultra wide level lens. the pictures and video can you take with this phone stunning. the battery life five hours longer. the price still up there north about 1099 one yard. and the deal is do you really want to upgrade? is it really worth all this hype they get us into. got a review i posted online. here's that line i would say. if you have like an iphone 7

or earlier, this is the kind of phone that's going to be life-changing. if you got an iphone 10 or later or 8 or later, i don't think it's going to rock your world that yet. they haven't been that profound about it. i might save my money on that one. but, everybody else is really in to it. this is what they are also into. the always on apple series 5 watch. also launching today. great health benefits. fitness benefits and it's -- the face of the watch always stays on and you get now 18 hours of battery life out of this one. and then those sort of series 3 watches that they still sell 199 bucks to get into an apple watch which is inexpensive at this point. steve: all right. kurt the cyberguy joining us from just next to central park with a look at the brand new apple stuff. thank you very much, sir. ainsley: thank you, kurt. brian: is he taping us, i think. ainsley: wait a few months to work out the kinks.

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♪ ♪ steve: i'm glad we dusted our book shelf downstairs if we are going to start tight on it. new york city. move your feet it's ainsley's birthday. we are glad she was born. ainsley: bring out your inner sean spicer, brian. brian: i would it's not in the script. i amended it since. ainsley: last time we danced together we knocked over the easel that had the famous artwork on it. steve: that's why i don't dance on tv.

brian: steve, is my prediction starting to look more and more on target? ainsley: what is that? brian: woman used to getting celebrating her birthday. slowly ramp up by the end it will be full blown. steve: i ramped it up. i'm the one that announced it. i apologize. ainsley: all right. i guess i will celebrate. you talked me into it. brian: first hour let's change the subject. now let's relish. steve: busy two more hours of ainsley's birthday telecast. we will start this hour down down in washington because top democrats are threatening to sue the white house and the intelligence community over the refusal to release a secret whistleblower complaint that has been filed. ainsley: but the president is standing his ground. brian: this is the latest scandal. someone woke up john roberts early so it must be important. he's at the white house. john, we are learning more and more that this whistle blower is focusing on the ukraine. is that what you are getting? >> yeah.

well, that's what "the washington post" is saying. certainly welcome to the south lawn of the white house sun coming up in the southport co-here. the office of narcotic intelligence refusing to provide to congress the whistleblower report filed in august. the intelligence committee inspector general. accord ing to "the washington post the whistleblower complaint focuses on ukraine and a phone call that the president had with a world leader in recent weeks during which he allegedly made a promise to that world leader now, this phone call was already under investigation by democrats in congress who want to know if the president and rudy giuliani were trying to get ukraine to hip the president win re-election. on cnn last night. giuliani says yes, in fact, he was talking to ukraine but he was trying to run down what he said were allegations of false charges against the president which also involved joe biden. listen to giuliani here. >> in the course of investigating that i found out this incredible story about joe biden that he bribed the president of the ukraine in order to fire a

prosecutor who was investigating his son. that is an astounding scandal of major proportion was which all of you have covered up for about five or six month. >> you ask ukraine to look into joe biden. >> of course did i. >> chairman of the house intelligence committee adam schiff says he wants to get his hands on whistleblower report. listen here. >> if it comes down to court actually to get, this we will have a very good case to seek a temporary restraining order or a mandamus or some urgent form of relief because the inspector general has said this cannot wait. >> inspector general michael attkisson was up on capitol hill yesterday testifying behind closed doors for about three hours before the house intelligence committee according to reports he refused several requests to disclose what was in that whistle blower report. but you can bet brian, ainsley and steve the democrats will keep digsing

as will other people. we may eventually find out what this is all about but not at the moment. steve: within two hours somebody is going to be there at the white house, right? >> yes, scott morrison the prime minister of australia is going to be here for the first australian state visit since 2006. there will be a number of special guests here as well. including greg norman and rupert and murdock. more to come this morning at 9:00 when the prime minister arrives. brian: one of them is a good golfer. i will get background to find out which one. he has a great drive. ainsley: thanks, john. steve: keep in mind, this whistle blower filed this report with the inspector general of the intel community on august the 12th. that was over a month ago then they kicked it around and sent it to the department of justice and said we do not have to hand it to congress. the reason the whistle blower said it was serious

and urgent because that designation usually automatically triggers it getting to congress the department of justice said that is not appropriate so we don't have to give it to committee. somebody with knowledge of this person's story didn't like the fact that congress wasn't going to get it and it wasn't going to become public. they leaked the story to the "the washington post" and now they got it at the "new york times." ainsley: they say the president was making promises, leaking maybe some delicate information to another heads of state. this is what they do. they talk, they negotiate. and the president is known for this. the art of the deal. if you talk to someone, who is leaking this? is it someone who works at the white house? steve: we don't know. we know they did not like whatever the president said. the president made outrageous promise to a world leader. brian: for the whistleblower not to come forward maybe that made things worse. whistle blowers come forward every single day or edward snowden go to hong kong and end up in russia because you don't trust the process. by the department of justice going i don't think this is anything but the president

having a discussion. steve: privileged. brian: so adam schiff gets word of this he spends the weekend speculating on this. you know it's serious when he stops blinking. when adam schiff sits and there stares you down here we go russia, resession and now whistle blower talk. so listen to the wild speculation on a story that is yet to develop. watch. this is incredibly high stakes for everybody involved. it's distopic. >> this is truly uncharted territory. >> i feel like we are watching vladimir putin's best fantasy play out in realtime. >> all of this is an example how the president uses power when he believes his word is law. >> what we see now emerge something a massive cover-up everett by the white house and the department of justice to prevent the facts from coming to light. >> i think we are at this point of seeing this trampling of our laws and procedures by an individual in the oval office.

ainsley: okay. the substance of this complaint is not even known. and that's how they handle it. we are going to get him this time. brian: and the question was and "the washington post" speculated are we holding back lethal weapons of mass destruction for the ukrainians to defend themselves in order for the president of the united states to investigate what a possible political opponent did with the ukraine and that's what rudy giuliani we started this whole thing rudy giuliani was speculating was joe biden making a deal for his son. steve: right. so far it's all speculation about the nature of whatever this promise was. we don't know it. but they do say, apparently it was involving not just one conversation with the president. nonetheless, the president was on the phone talking to world leaders, how does this stuff leak out through the intelligence community where it winds up on the pages of the big papers like "the washington post" and the "new york times"? this is not the first time. you look at "the washington post," august 3rd, 2017, the headline was this deal with l. make me look terrible. full transcripts of trump's

calls with mexico and australia were detailed. how does that happen? not the only time. atlantic seems like a lifetime ago. leaked transcripts go how foreign leaders manipulate trump. where did that story go? "the washington post" may 23rd, 2017. trump calls kim jong un a mad man with nuclear weapons according to transcripts of duterte call. leader of the philippines. steve: this year in the "the washington post" trump has concealed details of his face-to-face encounters with putin from senior officials in administration. how does this stuff leak out? well, it does for whatever reason. matthew whitaker, who was the former acting attorney general has this observation about the deep state this is a clear example of someone that is part of the deep state, somebody who is part of the deep state in the intelligence community taking advantage of this whistle blower procedure and

then trying to create this firestorm i there it completely overblown where this person who clearly disagreed with whatever the position the president did take in this conversation wanted to get that out there. their version of world politics was different. and they disagreed with the president whatever he said. so they are trying to get that out and they get it to the "the washington post" and they get it to congress doing exactly what they intend to do by this story running. brian: do you know what the debate is? do you like the president's policy on the ukraine? that's what normally happens. the president in a conversation is story is controversial, the president's policy on the ukraine. is it worse than barack obama's policy on the ukraine where you let the russians steam roll the whole country and give them blankets to help them out? that's the biggest controversy. that's the way we used to do things. one president's policies compared to the other. but, no, a whistle blower comes forward and a president in a conversation that he knows everybody is listening to from the nsa on down has a policy in which this person disagrees with.

perhaps that's why the justice department doesn't think this whistle blower complaint should rise to the level of the oversight committee in the house. perhaps that's the scenario. steve: well, they said the department of justice says it's privileged. and it did not meet the statutory requirement for congress winding up with it. brian: today is the day in which your kids might not be going to school. steve: if they live in new york city. brian: because. ainsley: it's the global climate strike day. brian: the best thing can you do for climate problems is not go to work or go to school and scream on the grass and make a sign. steve: people are going to be protesting from 150 different countries, including as you can see right there australia. that's some of the people who have gathered. here in new york city, 1.1 million public school kids have been told they could skip class to go and take part in today's activities. ainsley: the mayor says you get an excused absence if you want to leave your classroom today in new york. steve: what they are demanding is to end the use of fossil fuels here on

planet earth and, of course, the democrats have -- who are running for president are embracing climate change. watch this. >> we should adopt a new category of refugees. a climate refugee. >> we need to be involved in the united nations family planning efforts. >> you would want to modify america's diets. >> pass car been dividend. >> we need to go beyond thinking about the facts. i want you to think about this with your hearts. >> is our democracy up to this task? >> fossil fuel executives who knew that they were destroying the planet, we will hold them accountable. brian: nothing better than bernie sanders screaming at you about climate change. real quick, i think a lot of people are deciding not to have children until we solve this problem. steve: because of climate change? ainsley: or cheeseburgers good thing it's not national cheeseburger day. steve: what do you think about that? email us at friends@foxnews.com. also we are on facebook. jillian is on instagram

where i follow her and we all do. and she joins us right nau with the news. jillian: sorry i was confused where to look. good morning to you guys. look here and turn here. how about that? let's begin with this fox news alert right now. a state of emergency in texas remnants of imelda batter the state with catastrophic flash flooding. at least two people confirmed dead, including a teenager who was electrocuted. heavy rain knocking down the roof of a post office in houston. three people were hurt. rescue crews wading in chest deep water as drivers abandon hundreds of cars in the floods. 43 inches of rain fell in just 72 hours today president trump is meeting with pentagon officials as he weighs the response to iran any military action will be met with all out war. president blames iran for saudi oil facilities and now calling for increase in sanctions. iran denies involvement in the oil strikes. regime's leaders were just granted visas to attend the u.n. general assembly in new york next week go to

thursday night football right now. jacksonville titans for first win of the seasonal. here is one for the end zone shark. he has got it. touchdown, what a throw. >> rookie quarterback see it there toss ago pair of touchdowns and proud dad pumped up. watching his son lead the jags to a 20 to 7 win mimic his son's mustache is making quite -- you have got to see his son's mustache. this guy comes out of nowhere. great story. steve: what a night. ainsley: the son has a mustache. everyone you see everyone on the sidelines wearing tape like the groucho marx. you got to see his mustache. >> steve scalise survived getting shot at baseball practice that doesn't mean

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ainsley: attorney general bill barr on capitol hill this week as talks on gun legislation continue between lawmakers and the white house. the gun debate is

particularly personal for one lawmaker. congressman steve scalise who says being a shooting survivor doesn't make it his number one priority. joining us now house minority whip steve scalise. good morning to you, congressman. >> good morning, ainsley. good to be with you. ainsley: good to see you. so, after what happened to you, did you change your stance on gun control? >> no. it was interesting a lot of people thought i might. i have always been a strong supporter of the assessment. second amendment and believe background of our constitution. this was something that was a fundamental right our founding fathers believed in and put it in the bill of rights when they saw people might try to take away gun rights of law abiding citizens. still every day people use guns to defend themselves. it's concerning to me when i hear people trying to take advantage of bad situations just to take away the right of gun owners. can you see beto out on the campaign trail saying he wants to come to your home and take your guns.

look, we are not going to let that happen. ainsley: what do you think needs to change when it comes to gun control? >> clearly we have seen in so many of these mass shootings breakdowns from everything in the background check system not working properly because criminal records weren't put in. that was the case in the charleston shooting. shoulder springs same thing. the parkland shooter should have never had a gun. different things happen like the fbi had a file on the parkland shooter saying he wanted to be a professional school shooter and for whatever reason they chose not to act on it. so over and over again we see breakdown notice system. and the answer by liberals up here in washington is to go take away the rights of law-abiding citizen. that's knot the right way to approach it. go and make sure the system works. if there is a background system in place that we have that has problems. we passed a bill, for example, last congress called the fix nics bill. donald trump signed it and he is working right now to make sure that that system works properly. don't take away the rights of law-abiding citizen. ainsley: the president, he talked to ed henry on the

border. and ed asked him about this. he said he is going to take his time. i know you recently about this. what did the president say to you? >> clearly the president wants to do what he can to stop school shootings. to say stop mass shootings. but he also is a strong supporter of those fundamental second amendment rights that i talked about and respect, the rights of law-abiding citizen. that's where that line is you know, go find out what we can do to make sure that people that shouldn't have guns legally aren't allowed to have guns but are still getting them. go and focus on those things. ainsley: we continue to hear that argument that the bad guys are always going to be able to get their hands on guns. they are bad guys. they will be able to steal them or take it or whatever they need to do to get their hands on guns. it's good people who want to protect themselves and their families. take away gun rights from good people how are we going to defend ourselves? >> it happens all the time. you see people using guns, you know, every week you see another story of somebody that used a gun to defend

themselves. ainsley: right. >> let's make sure we use those rights to protect law-abiding citizens. ainsley: are you doing? >> feeling great. getting better all the time. i appreciate that. ainsley: love to hear that thank you so much. more "fox & friends" coming up. saturdays happen. pain happens. aleve it. aleve is proven better on pain than tylenol. when pain happens, aleve it. all day strong. billions of problems. morning breath? garlic breath? stinky breath? there's a therabreath for you. therabreath fresh breath oral rinse instantly fights all types of bad breath and works for 24 hours. so you can... breathe easy. there's therabreath at walmart. they give us excellent customer otservice, every time.e. our 18 year old was in an accident. usaa took care of her car rental, and getting her car towed. all i had to take care of was making sure that my daughter was ok. if i met another veteran, and they were with another insurance company,

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don't diy your health. early screening by a doctor can save your life. to learn more go to pcf.org brian: youth sport referees across the nation are packing up their whistles and quitting at record rates. who can blame them. one report show 80% leave the job before third year. one reason behind the downward spiral the parents' behavior. here's why. >> 911, what is the address. >> yes. there is fight at a children's baseball game. i need police here right away. >> okay. ma'am. >> what is happening? >> is it juveniles? is this adults. >> no.

it's adults. i'm sorry. it's very upsetting. >> very upsetting, indeed. when a fight broke out on the field of a youth baseball game in jefferson county, colorado, as a result of a call made by an umpire just 13 years old. it was a little league game. and the video went viral. >> the specific incident happened in the denver area involving 13-year-old empire. the coach unhappy with what josh was doing behind the plate and wanted him to change the call and josh said he is not going to change the call, of course, the next thing you know parents are each other. >> the president of the national association of sports officials says that disrespect and even attacks against officials are only getting worse. >> not a week goes by that we do not feel the call in our offices from one of our members or even a nonmember sometimes having to do with assaultive behavior. >> in fact, his organization surveyed sports officials across the country to find

out what's really going on. >> 13% had been assaulted, being a sports official, 47% have feared for their safety. 57% are to break up a scriptural moish between players. and 64% had to reject a spectator because of unsportsman like behavior. >> i love the spirit of the game. i love the game. it's a true game. >> bob player has been a high school baseball umpire for 34 years on long island, new york. >> sportsmanship over the last several years is getting much worse on the field. it's something you almost deal with every in game one way shape or form. every single game. brian: he has dealt with his share of bad behavior from parents and coaches on the field he says he will never give up his dream job. >> couple years ago i was dying varsity play off series after myself and crew was walking off the field we actually had beer cans thrown at us. we had fathers coming over

and berating us while we are getting changed. >> bob berry is concerned, concerned about the future of sports officiating. they both see umpires quightd more and more every year. >> i think the verbal physical attacks part of it. everyone resigns from my organization i always reach out to them. are you moving or are you -- what's the problem? i just can't take it anymore. it's just not worth it. brian: you can't have games if you don't have umps or refs you are probably one of the few not surprised by what you just saw. >> not surprised at all. the rising intensity with teen sports, particularly with kids is reflective in massive dropout rate. we are seeing a huge attrition 13 and 14-year-olds because of the intensity. brian: great player pushed with better coaching or perhaps eventually quit 17, 18. some will go on to be division one players. what about the good player? is there interest in keeping the good player in the game? >> really important question the fact of the matter is

the good player loses the focus on just having funnel there is no reinforcement. brian: how do you explain this behavior. parents care about their kids i get it. how come we are losing more perspective. i could have pulled out 25 different referee videos. there is referees that have been killed on the field. >> this increasing aggression and abuse not only to rev refs teammates and parents. it's not only the money, brian, it's also the investment of time. brian: some strategies to calm down. watching your kid play. weekend is here. it's friday. watching your kid play all different levels and ages. some advice? >> some advice to parents is what i call emotional mapping. prepare for it. use it as a teaching moment that when you have to manage stress, you need strategies, breathing, laughing, walking away on the field and get a little exercise and mapping it out with your child in advance to know how to respond effectively in the

situation. brian: what we used to do when cece a parent acting up take the kid out and kid would walk around and tell the parent if you don't calm down i can't go back in the game. >> it's a good teaching tool this is a moment to teach kids and parents to come together and make a plan. brian: ivanka trump yesterday rolled out national youth sports strategy at the white house. the president is behind it. he knows a lot of kids are quitting. he wants them to play for about an hour and there is more on that out there. he understands kids have got to play and get off the couch, too. and the referee, leave them alone. they are not doing it for the money. thanks so much, doctor. >> thank you. brian: all right. straight ahead. >> a fox news alert. a terror site scout busted for major land marks maybe includes your city. times square. three blocks from here. beto o'rourke doubling down on gun grab plan. you won't believe this. jones says beto o'rourke's

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brian: straight to a fox news alert. a new jersey man charged with serving as a secret hezbollah operative in the united states. steve: prosecutors say he has been cut scouting the locations for potential terror attacks in major cities like new york washington and boston. ainsley: one of the places placs is times square. rob schmitt joins us with the breaking details. >> yeah, guys down the street times square one of the most sought after terror locations in the world. this is one of so many along the east coast from boston down to washington, d.c. places like fenway park. the baseball stadium. have you got the lincoln memorial in washington also here in new york. rockefeller center. the empire state building. a number of bridges and tunnels. as well as airports as well. and essentially 42-year-old saab according to the doj was a scout for hezbollah while living an otherwise normal life in new jersey right across the river.

actually, we will show you right now some pictures that the department of justice, the feds say that saab took and sent to hezbollah. you can see these are locations he was looking at trying to get information back to this terror group that they would need. the doj saying in a 33-page complaint that saab in part focused on structural weaknesses of locations he surveilled in order to determine how a future attack could cause the most destruction. here's a time line here from 1996. >> that's when saa been joined hezbollah. in 2,000 he moved here to the united states. in 2008 he becomes a naturalized citizen. just somebody that the government missed and all of that time through those years he was traveling to lebanon learning how to become a fighter and become a soldier. learning how to build bombs by hand it's pretty scary stuff. of course, all of this coming just after yesterday we did this big story about this airline mechanic, this 60-year-old airline mechanic from iraq who was denied

bail down in miami charged with tampering with myles jet in july that had 150 passengers on board. thankfully that jet never took off. investigators say they have a lot of evidence that that man supports isis. have you eyes isis, hezbollah. hezbollah is iranian backed group. back to saab as we come back out here live to times square. charged with providing material organization and conspiracy and faces more than 100 years in prison if convicted, guys. steve: that's really something. rob schmitt live in times square about two blocks from where we are sitting right now. thank you very much. brian: you realize what the great job the fbi -- steve: meanwhile this is a fox news alert. we just learned that mayor de blasio of new york polling 0 percent in iowa has seen the handwriting on the wall. he is dropping out. he knows he cannot be elected as president of the united states. apparently dropped out and now devote full time to running new york city finally. brian: see handwriting on the wall it's usually

graffitiy. ainsley: you heard that you said there is a chance. you just said zero percent. brian: we don't know what will happen to his two supporters. steve: wait. he has two supporters. brian: i'm looking for a second source but i'm going for it right now. steve: once again brian is speculating. brian: i apologize to america. ainsley: let's bring in u.s.s. marine corps bomb technician good morning, joey? >> good morning, guys. ainsley: what's your reaction to that? he is dropping out. >> case study on the fact you can't ban your way into the presidency. it's not really what america people look for. hopefully beto o'rourke is paying attention and has his letter ready as well. brian: a guy under achieved like nobody else. he thought he was going to do so well and doing so bad. he is saying more and more extreme things. is he focusing, joey, on guns. steve: beto. brian: beto o'rourke, i should say. he is focusing on guns. >> yes. so in sports we have this analogy if you are a little bit off you are losing by a little bit you make tweaks,

adjustments. i'm a big nascar fan they have a term called swinging for the fences make wholesale charges in last ditch effort to try to win the race or game. that's where beto is. someone who has polled extremely low numbers are zero, maybe 1%. this is a guy who can't win his own state for senator and he is trying to run for president. so what does he do? he says the most outrageous thing he can find hoping to spark interest in people and get them on board. fortunate for him that's not what the american people want. have a guy to ho speaks insecurity every word coming out. is he not authoritative anyway. as recently a few days ago people questioning him on his policy and not a good answer for anything. steve: you know, famously, at the last debate, he was talking about how they would, you know, if elected we are going to come for your guns, which even democrats say like chuck schumer and others have said

that is not helpful to the democrats' cause. meanwhile yesterday, out in colorado, beto was talking about how he is going to come for the guns and listen to the reaction of one of the women who is in attendance. here we take you now to aurora, colorado. >> i am here to say hell now are not. i have four children and 5-foot 0100 pounds cannot defend myself with a fist. i want to know how you are going to legislate that because a criminal by defense breaks the law. so all you are going to do is restrict law abiding citizens like myself. brian: oops? steve: so hell no you are not going to take her gun. >> yeah. that's great. isn't it? listen, this is what happens when you bring truth and facts to an emotional support debate or emotional support rally i get it i understand. people are heart broken and most of those people are ignorant how guns are used and what laws and policies already govern them. and more importantly where

we are already following short. my question to beto would be much shorter. okay, have you explained very well how you are going to try to take guns away from law-abiding citizen. now tell us how you are going to take guns away from criminals and killers and hear a long pause. hear some sort of stuttering and he would probably tell you a story how is he sorry is he a privileged young man growing up or something. brian: he wants reparations for pot smokers. steve: seriously? brian: represent par rargses for pot smokers and all assault weapons out and willing to have law enforcement who has has vilified go do it. >> he doesn't know what he wants out. also questioned on well in columbine these weapons weren't used would you expand it of course he says yes because he doesn't know what these weapons are he is ignorant. ignorance is not a way to govern. i don't care what the issue is. abortion, guns, the economy, you can't govern through ignorance and appeal through emotion. i would say the same thing to president trump. listen, a leader is

measured. they do their research. they understand the complexities of the issue and take their time to propose a solution that might work. dollar store politician appeases. that's what we see in beto. that's why his numbers are numbered. steve: a dollar store politician. i haven't heard that before. >> nothing against dollar stores. steve: absolutely not. i love those places. brian: you get a lot for your money. ainsley: it can get expensive and i get hayden's stores there and ends up racking up. steve: because you want everything. meanwhile 7:40 in new york city. jillian: some things are like $5. i thought this was a dollar? brian: who can you complain to because you are in the dollar store. no one wants to hear it. jillian: get you caught up on headlines. woman who encouraged suicidal boyfriend to kill himself is asking for early release from prison. michelle carter walked into parole hearing in chains after serving seven months of 15 month sentence in massachusetts. carter was convicted of involuntary manslaughter for pressuring her boyfriend to

take his own life over text messages in 2014 her lawyers claim the ruling is in violation of the first amendment. the owner of a top soccer team is blasted for defending the bin laden family. saudi prince the new owner of sheffield united in england says he would be happy to do business with them as he works to bring in wealthy saudi investors. he claims they are respectable people and that every family may have one bad person. usama bin laden ordered the 9/11 al qaeda attacks he was killed by navy seals in 2011. a victory for president trump and a battle over his tax returns a judge blocking a california state law which would require presidential candidates to release five years of returns to get on the 2020 primary ballot. governor gavin newsom signed the bill into law in july. the president's attorney is encouraged by the ruling saying the law is unconstitutional because, quote: states are not permitted to add additional requirements for candidates

for president and nevada is bracing for big crowds at the storm area 51 event this weekend it. all started as a joke on facebook and then turned into a viral phenomenon that could see thousands of people headed to the dessert in hopes of spotting aliens. the event's crater can't believe what this has turned into. >> who could have predicted it. you make a post at 2:00 a.m. with a page 62 likes and now thousands of people ready to come out to your show. it's absolutely amazing. jillian: due to safety concerns the alien stock festival originally scheduled to take place in nevada has been moved to las vegas. a look at your headlines. send it back to you. steve: are we going to do our show live from there that day? ainsley: no. steve: why not? brian: i just hope the aliens are like that. because we can take little green guys. my fear is that they are going to be -- >> i don't know. >> you don't think. so my fear is they will be bigger and stronger than us and then we will be in trouble. ainsley: then they will take

you somewhere in the distance. brian: weigh too much. steve: see how many people show up. brian: now with de blasio out -- ainsley: you couldn't pay me to go there. steve: shifting gears, devastating flooding in texas has turned deadly two. people killed. hundreds of others rescued. we are live on the ground. plus janice tracking the storms that are stalled over texas. that's coming up next. most? ♪ sfx: upbeat music a lot of clothes you normally take to the cleaners aren't dirty dirty. they just need a quick refresh. try new febreze clothing quick dry mist. it eliminates odors and refreshes lightly-worn clothing. breathe happy febreze... la la la la la.

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with moderate to severe ulcerative colitis or crohn's, your plans can change in minutes. your head wants to do one thing, but your gut says, "not today." if your current treatment isn't working, ask your doctor about entyvio. entyvio acts specifically in the gi tract to prevent an excess of white blood cells from entering and causing damaging inflammation. entyvio has helped many patients achieve long-term relief and remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection,

which can be serious. pml, a rare, serious, potentially fatal brain infection caused by a virus may be possible. tell your doctor if you have an infection, experience frequent infections or have flu-like symptoms or sores. liver problems can occur with entyvio. ask your doctor about the only gi-focused biologic just for ulcerative colitis and crohn's. entyvio. relief and remission within reach. brian: we are back with a fox news alert. hold on to somebody tight. de blasio is out. ainsley: no, no. brian: i'm just the messenger. ainsley: well, moments ago the new york city mayor announced that he is ending his 2020 campaign for president. steve: that's right. recent polls showed that he was at 0 support from democrats in new york. he says, quote: i feel like i have contributed all i can to this primary election. it's clearly not my time. he also vows to take on that bully who is the president

of the united states. keep in mind when he i has gone to different election activities in and primary states generally de blasio crowd is less than a dozen. brian: keep in mind one of his biggest critics drank governor of the state thinks is he absolutely terrible that is governor cuomo. very hard to find two people that think he is good. steve: the other irony is the fact that here in new york city mayor pete buttigieg actually polls higher for president than the mayor of new york city. ainsley: really last month they had how many hours he had spent in the office? brian: seven hours. ainsley: seven hours in an entire month. so now he can go back to the office. brian: now he can go back to the office how is that going to effect the next debate? steve: he won't be there. brian: so officially won't be there. steve: he wasn't going to be there anyway. brian: is he not even hoping for momentum to get there he is not going to be there.

ainsley: can he go back to napping during the day with the door open. brian: absolutely. ainsley: another fox news alert. a state of emergency in texas remnants of imelda slam the state with flash flooding emergencies. steve: at least two people confirmed dead so far in this storm. brian: fox affiliate reporter nate griffin is live in houston where a freeway is shut down after multiple barges, barges hit into the bridge. melvin? >> >> that is correct. that actually happened late last night 11:00 p.m. from what we understand. we are talking about a major artery when you are talking about i-10. it is an interstate so people are using it daily for travel in and out of houston. and now you cannot drive it at all right now people are using the roads as one of those roads as a detour behind me. that's local. gives you an idea locally. talking about the amount of people that travel along i-10. wow. the coast guard did get involved. we understand at least nine barges have been damaged.

they are going to have to assess the damage and that's going to come a little bit later this morning once we have daylight and we also understand it's going to take a special truck to actually assess the damage. so, that's pretty much what's going on here once again the bridge is shut down in terms of the blood waters yesterday h a lot of water to hit houston. areas that we did not even expect to get hit did get hit we can tell you con roy was hit very hard yesterday and some people evacuated from their homes another local area to us. texas is big about. 80 miles east of houston a city called beaumont. it was hit very, very hard. you had some evacuations there as well. that i-10 corridor, that's really what took the hit yesterday. and right now we are looking at a bridge that is going to have to be repaired. not sure how long it will take. we will tell you it's going to be shut down for quite some time, guys. steve: a terrible situation down there. nate, thank you very much.

janice dean the good news is where nate was right there was not raining. >> no. floodwaters still on the rise. we had 43 inches of rainfall in 72 hours. you look at the del luge here in parts of southeast texas. now we will see heavy rain in the parts of the arc la techs louisiana up towards arkansas. northern texas. the southeast coast of texas is going to have a period of drying out. we still have flood advisories in effect unfortunately over the next couple of hours. incredible amounts of rain. historic rainfall. 43 inches of rainfall that is the 7th biggest tropical cyclone in terms of how much rainfall in u.s. history from the remnants of imel do. back to you. steve: just epic. thank you very much. janice: you bets. steve: meanwhile, straight ahead, the whistle blower complaint about the president 135rbgd a major showdown in washington. former trump advisor michael caputo sounds off next.

steve: a whistle blower complaint triggers a standoff between congress, the intel community and the white house. now "the washington post" reporting it involves ukraine. former trump campaign advisor michael caputo knows a lot about these kinds of leaks. he joins us right now. michael, first of all, it is a leak. and it appears that somebody in the intel community. it could be somebody in the administration. it's somebody with knowledge of this particular complaint who is trying to do what to whom? >> it seems clear to me and anybody who is paying attention it's a calculated leak that has been dribbled out over a couple of days designed to damage donald

trump as much as possible. and it's also coming from what people say at "the washington post" intelligence community or source that has now left the administration. that sounds an awful lot like an obama plant to me. steve: you know a lot about what it feels like to be the subject of leaks because you were the subject of a number of leaks when you were involved earlier. >> i was. i was dragged in to the russia hoax. and myself and many of my colleagues from the trump campaign were getting calls from reporters almost every single day saying we have got -- you know from, a reliable source that you did this or did you that. this is just a campaign to destroy donald trump. further on, as we see, and we also see this as really democrat projection because the only person who colluded with russia was hillary clinton who was buying information from russian spies in order to stop donald trump. and the only person colluding with the ukrainian

government was hillary clinton who was working directly with the yo you ukrainn government helping -- steve: one thing for the papers to get their point of view out. it does real damage. look at the damage done to people you know. >> general flynn, for example, was ruined by a leak to the "the washington post." and we never found out who did that leak. we are probably going to never find out which obama appointee who held over on the trump administration created this leak. but we do know this. hillary clinton absolutely coordinated information with the ukrainian government. i just returned from uconn ukrae shot new documentary. can i tell to you a man, who a woman, everybody across every party in ukraine is scared to death that they are going to be punished for the previous administration coordination with the hillary clinton campaign. i don't think they should be punished for it any more

than donald trump should be punished for hillary clinton coordinating with the russians and the ukrainian government. steve: you a unique point of view michael caputo thank you for joining us today from buffalo. thank you very much. unitedhealthcare medicare complete plans have a lot to take advantage of like medicare's largest health care network. hey, that's my dermatologist! $0 copays on all primary care doctor visits . . 8,134 to be exact. they answered 410 questions in 8 categories about vehicle quality. and when they were done, chevy earned more j.d. power quality awards across cars, trucks and suvs than any other brand

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lifetime retirement income from tiaa doesn't. guaranteed monthly income for life. ainsley: we begin with a fox news alert. bill de blasio is out. brian: moments ago new york city's mayor dropped out of the 2020 presidential race it was a farce to begin with. latest polls, 0% from democrats in new york. if a three falls in the woods no one heard it. steve: we her him say this. de blasio said i feel i contributed all i can contribute to the primary election. is clearly not my time. let's bring in geraldo rivera, fox news correspondent at large, a long time new york city resident and newt gingrich, former speaker of the house from georgia, former presidential

candidate, write as free newsletter available at gingrich 306.com. we'll do two of you, two speakers in the one segment. if you could be as brief as possible. bill what do you make of de blasio stepping in. >> he was never in so being out won't make a difference. he is a terrible mayor. repudiated by the police, the school civil is a disaster. it is good for america that is he gone. brian: geraldo, would you look up what newt speaks? >> happy birthday, ainsley. a lovely compassionate competent people. ainsley: i love you. >> i remember clearly first winter of the de blasio first term it snowed a couple feet in new york. i lived on 89th street, madison avenue at the time. the plows took a week to get to

my block. i was in privileged neighborhood. it was ignored by mayor de blasio because he said some of the outlying burrows in previous administrations, previous snowstorms had been ignored. he wanted to share the pain, the misery. he has done a mediocre job as mayor of new york. cops with whom i have a great relationship do not care for him. you know i can't tell you how embarrassing it is to go painful to cop funeral, have the cops turn the back on the mayor or look down, not express any enthusiasm for. he did graceful thing bowing out. should have done it months ago. brian: a one party city. talk about the number one story, has everyone hype every ventilating on other channels. that is 24 whistle-blower story, newt. somebody was listening in on the president's call with a world leader he was so concerned or she, they went to the inspector

general. the inspector general told by the justice department. this is not something the oversight committee should see. this is presidential policy. adam schiff gets wind of this privilege, thinks it is a huge controversy. everyone thinks the world is going to end. newt, put this into perspective. >> the one person who can declassify anything is the president of the united states. so if he decides to share some information, it is his right as president. i know this is very hard for liberals to understand but donald trump is the president. he is the commander-in-chief. he is ultimately the person who can decide what is worth sharing. that is a risk he is taking. now he has got the head of the cia, head of director of national intelligence, got secretary of state, lots of people can say to him, gee that wasn't very wise, but legally clearly he has the right to do it. steve: geraldo, we had michael kaput toe on, he was talking

about the whistle-blower leak situation because he himself was a number of leaks to a number of newspapers. he said what he read is the fact apparently somebody from the intel community, whistle-blower was who has now left the administration and his suggestion it was probably somebody, a hold over from the obama administration. this is his glancing blow on the way out the door. >> regardless what he worked for, who he worked for before, this is annoying, this is a punk, a punk who snitching out the president's phone calls to a foreign leader. imagine the president, our leader is talking to the leader of another country. you got all these deep state people listening in. steve: on the party line. >> every chance they run to adam schiff, hey, we have urgent serious leak. the president, i know the president. i could see him on the phone. hey, dude, you do this, we'll see.

brian: it was new ukrainian comedian president. it happened in may. >> right. i am intrigued though by the joe biden story, is this the fatal flaw in the vice president's campaign for president? did he intervene to help hunter, his son in a deal gone bad with a ukrainian company? did he say remove a prosecutor? if that is true, that is the real headline. that will be the ripple that turned into a tidal wave that affects the election, i believe. ainsley: we don't even know the substance of this complaint. we don't know is involved. if you watch the media, they are huffing and puffing about this they can't believe it. is this father gotcha we'll finally get him moment? >> what you know about the liberal democrats an liberals in the news media, they wake up every morning. they hate the idea that donald trump is president. they know he did something terrible. they're not sure what it was. that day they go and write about

something terrible. "the new york times" has become a pathetic rag constantly having to retract things such as it did with justice kavanaugh. let me make a deeper point about the nature of our system. a lot of bureaucrats who are self-important hidden away in jobs, very hard to fire. they don't understand. president of the united states isn't a bureaucrat. he is not bound by the same rules as a gs-15 at the cia. and i think, for some person deep in the bureaucracy, to decide they are boeing to render judgment on the commander-in-chief is an absurd di, it tells you who sick the system is. brian: if i can change gears a little bit, the president of the united states has a dilemma to say the least with iran and many people speculated since kuwait, saddam steamrolled the country, we will step in. there is a sense that we will step in a sense to be allied

with us. geraldo rivera are we sending the wrong message now by continued inaction especially after the world's oil supply was put on a respirator this past weekend? >> brian, as you know i have a friendly relationship with zarif, the foreign minister of iran. we have had some very frank and full discussions of the situation there. i believe, and i know that newt will disagree with me, i really believe iran is getting very unfair mauling in the press. brian: it was so unfair for them to 17 rockets. >> let me finish, i'm not defending 17 rockets. or i am in a sense because saudi arabia using american munitions has been slaughtering civilians in yemen. there is no dispute about that. brian: who is supporting the houthi rebels. >> they have been bombing weddings, bombing funerals. they are killing children. there is a starvation epidemic there. saudi arabia has dirty hands. this is a fight between

saudi arabia and iran. brian: right. >> and it is not our fight. it is their fight. steve: tell you what. we have breaking news, the president just weighed in on our top story this hour. here it is. a tweet that he just sent out. oh, no, really big political news, perhaps the biggest story in years, part-time mayor of new york city bill de blasio, who is polling solid zero but had tremendous room for growth has shockingly, shocking dropped out of the presidential race. new york city is devastated, he's coming home. newt, there are a number of people who are, were essentially in the same poll position as mayor de blasio. you know they're at 0%, they're at one percent, yet they keep going. people at home are going, if you had at least 10% i could understand but why are, why are these people clinging tote hope they can run for president and they're at 0%, 1%, 2%?

>> i think first of all when you go back and look at say the rise of john kerry, which was very, very sudden, or the rise of george mcgovern you can see hope springs eternal but the truth is, democrats always had too many candidates. the weaker half of those candidates which is about 10 people have no practical hope of rising. given the rules the democrats have for debates, once you're no longer on the debate stage, you're really for all practical purposes in this culture gone. so there are a number of more people my guess they will drop out. they're not going to stick it out. you're really down to four or five real candidates who have a realistic chance of winning the nomination. brian: newt, i have to ask this to you, the president has a lot of decisions to make, on iran as we just mentioned, vaping, on guns he is still thinking about it. coming to drug prices him at nancy pelosi have commonalities.

time to pull trigger on all four, one, tell me? or both of you. >> go ahead, geraldo. >> i think that on gun control the time has come where the president can take a bold step. i have no doubt that the president knows that universal background checks is what most americans want. i would love him to stand up to the nra to do that. to, activate necessary legislative action as soon as possible. i think that is urgent. that will not hurt him with the base in my opinion. we're not talking beto o'rourke. we're not talking confiscating guns. we're talking, let's see who is buying the gun. we have to right to know whether they're on a no-fly list if they're a terrorist. if they have beaten their wife. i think rest of the public has a specific right to know whether or not the person has purchase ad weapon. brian: that is the one?

>> other agenda i leave that to the speaker. >> look i think that first of all i think it is very important not to go down the nancy pelosi line on drugs because, the equivalent of establishing rent control for the whole country. what we know about these kind of policies, in the long run, they lead to shortages they reduce invention and discovery. and if you look what is happening in places that europe tried this, people end up with fewer choices, with drugs that are obsolete. >> i totally disafry. i disagree. i disagree. that sounds to me like the drug lobby. >> you disagree with the facts or -- you disagree with the facts? >> how can canada, how can canada pay one-fourth of what we pay for the same drug? it is just not fair to america. >> no look i think there are ways to deal with that. i think secretary azar has some plans that are practical to drive down the price of drugs and have more competition. but the pelosi model which would

establish in essence price controls, i think is exactly the wrong way to go. everything we know about price controls is, that it doesn't work. and it leads us to have fewer drugs and have less -- >> everything i know, everything i know about big pharma is that they will do anything they can to make money. the opioid epidemic is the classic example of that. these people have been unjustly enriching themselves, making billions of dollars at the expense of the health of the american people. steve: certainly is in the news these days. time is out, fellows. thank you very much. geraldo rivera joining us from cleveland. newt gingrich who forgot to mute his telephone. >> sorry. brian: it was well worth it. ainsley: thank you, have a good weekend, both of you. >> happy birthday again. ainsley: fox news alert, a terrorist busted for planning

act at major landmarks including times square. that is next. an opportunity to repair what's already been damaged-it's amazing.

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locations for potential attacks. steve: one of those locations is with where rob schmitt is standing. what do we know about this guy? reporter: empire state building, statue of liberty in new york. washington, d.c., washington monument, where red sox play fenway park. 42-year-old alexi swab, he was a scout for hezbollah otherwise living a normal life in new jersey. this is a pictures that he took, according to the doj, sent to hezbollah. scouting work doing for them, possible locations to make a terror attack. department of justice in 33 page complaint that he focused on structural weaknesses he surveil and how a future attack could cause the most destruction. he joined hezbollah in 1996. he came to the united states in 2000.

by 2008 he was a naturalized citizen in this country. all of that time he had been traveling back to lebanon doing training with hezbollah how to make bombs. he drew pictures, these are pictures that saab drew by hand, telling investigators that these were bombs he knew how to make. weigh as scout, could potentially become a terror actor himself ad they not figured this out. had they not done a great job finding this out. this comes one day after this big story about a 60-year-old airline mechanic in miami was charged with tampering a american airlines jet in july, had 150 people on board, tampering with the nose of the jet, controlling pitch of the plane, very dangerous stuff. he has been arrested he is in court to plea. they have a lot of evidence that the 60-year-old man. he is charged with providing aid

to terrorists. brian: hezbollah is the gold standard and most organized of all the terror guys. ainsley: terrifying when you look at the pictures,. steve: rob schmitt, thank you very much. brian: the shirt seen around the world. now it is going to help our veterans. sean spicer explains it all when he ruffles this way in our direction. ♪ feel the clarity of non-drowsy claritin and relief from symptoms caused by over 200 indoor and outdoor allergens. like those from buddy.

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>> good morning we're back with a fox news alert. texas bracing for more rain as remnants from imelda caused

catastrophic flash flooding. a state of emergency is in place. two people are confirmed dead including a teenager who was electrocuted. hundred of cars abandoned in houston ton flooded roads. 43 inches of rain fell in just 72 hours. look at that. alabama governor kay ivey will begin treatment for lung cancer. doctors for the 74-year-old republican discover ad small tumor during a routine exam. she said it is very treatable. >> i welcome your prayers and so support. just as so many others who have been affected by cancer, i am confident of god's plan and purpose for my life and feel extremely fortunate this was caught so early. jillian: ivy says treatment will not affect her job. back to you. steve: thank you very much. sean spicer the man in the ruffled shirt right there, hitting the dance floor for the

first time this week on "dancing with the stars". [cheering] ♪ brian: there you go. the former white house press secretary making headlines for his ruffled neon shirt. ainsley: fluorescent lime green ruffled shirt. he plans to take the criticism, use it for a good cause. he is auctioning the shirt off for charity. steve: here with more, senior advisor spokesman for america first action super-pac, "dancing with the stars" contestant sean spicer. good morning to you. >> good morning, guys. brian: sean, how much is it going to hurt you to give up that even for a good cause? did you plan on keeping that your whole life? the 30? >> i'm not sure it has many other purposes. i'm good to let goat for a good cause today. there are two causes near and dear to me. the yellow ribbon fund, take care of care gives foreinjured servicemembers and independence

fund that provides tracked wheelchairs for injured servicemembers. we'll auction the shirt off. someone might want a great halloween costume. it is around the corner. might be "dancing with the stars" memorabilia connector. spicer-arnold, lindsey arnold is my partner. if you go to that today, there is a bid. go to the charity site, make a donation or bid, rather. whatever proceeds we get we'll split them donate them to the yellow ribbon fund and independence fund. steve: that is really great. ainsley: when you walked out wearing that shirt, we all were saying did he choose the shirt? did someone else? what is the process. >> ainsley you know me better than that. lime green is not my color. ainsley: how did this happen? >> how did it happen? so they start telling you the first week, hey this is the dance you're doing. this is the song. then lindsey kind of said, so here's the outfit. she said you're going to wear a green shirt.

there will be white pants. she was like. all right. well the shirt is lime green. it is rather bright. it has ruffles. and i didn't read my contract real well. i think this is pay back for everybody who wanted to get at me. put you in the worst shirt, play the bongos and wear a shirt halfway down your chest. >> i read reaction, that clearly the costume designer was a member of the resistance, clearly joking. it is good that people pay attention to the outfit than dancing. >> i care about voting monday night. vote between 8:00 and 10. those are only votes that count. if they want to see what comes next, need more entertainment. my dancing skills will not get there we all know that i need people to go out there and vote. this is for a great cause.

the more we combine all the things, have a little bit of fun, have a little bit of comedy, support a great cause, that is fantastic. brian: you don't know if you will last another week. are you training like you are? >> i'm splitting my time, brian. i'm rehearsing like everyone else. but them i'm going out, hitting streets, campaigning. i have got hats. i got buttons as you see. i got it. shirts. i figure i have to use my background as a campaigner, right, to go out there and take my message to the people. more people are worried whether they dance well or not. we saw the other night, that will not be my strength. i have to go out there campaign hard. make sure people text and vote. this is old school politics. you can vote multiple times. 10 times you can text. 10 times click on the website. i need everyone to vote 20 times. take the kids phones. buy a new phone. i got to win this on the vote

because the dancing ain't going to carry me through. ainsley: next time on tv it will be a pink ruffled shirt i hear? >> we're toning it down. i did a fitting yesterday which took my blood pressure down a little bit. it's a little bit more reserved. we're doing the tango. bright colors would not have been appropriate. brian: tango is hard. >> this week we caught a break. we'll see how we do. the following week we get back into the sequins, spandex, who knows. we need to take it past this week to get there. steve: good luck to you. folks looking for, would like to actually own that shirt "as seen on tv," go to spicer arnold.com. ainsley: that would be a food halloween costume. you're a good sport. brian: hannity and the president will be dueling for it. that is my sense. steve: hannity on his own. brian: or ends up in the hard rock.

>> meanwhile there is hard rock cafe in new york city. mayor bill de blasio dropped out of the 2020 race. what does judge jeanine think? you know what? she is joining us live from new york, new york. ♪

brian: we're back with a fox news alert. here you go. new york mayor de blasio, hold on to your loved ones, he is dropping out, i repeat, dropping out. ainsley: you're going to okay, brian. you can get through the week. new york city's mayor dropping out of the 2020 presidential race, stating in part quote, clearly not my time. steve: the current president weighed in tweeting moments ago, oh, no, really big political

news, perhaps the biggest story in news, part-time mayor of new york city bill de blasio who was polling at a solid zero but had tremendous room for growth, has shocking, i think he meant shockingly dropped out of the presidential race. new york city is devastated, he's coming home. jeanine shapiro is the judge, author of the left's plot to remake america. running up in iowa, new hampshire, bill de blasio is finally coming home. >> most people would say isn't that great? our chief executive will be back in new york city. the truth is nobody really cares. the truth is he doesn't do much here. he goes to the gym. he is late for every meeting. he ought to stay out there. last time i saw him. he was in the woods on, on facebook in the woods saying how beautiful it was. he wasn't even where all the other candidates were. just walking around by himself.

ainsley: judge, how did he ever get elected? >> you know i don't know. brian: first time, seven candidates. >> he was tallest one i guess. brian: i know. one-party city. it is really sad. >> anyone who is democrat gets the nomination wins, it is that simple. even if we think new york learned after him, i'm not sure a republican can win. brian: whistle-blowers is extremely important in our site, our government, edward snowden was perfect example. as soon as he left the country with our secrets, you had a whistle-blower track, why didn't you take it? reportedly a whistle-blower comes forward, i heard the president on the phone with a world leader, it is really a problem. whatever happened on this phone conversation it is jeopardizing our national security. i want to come forward. the department of justice looks at it, the dni attorney looks i don't think this accounts to whistle blowing. adam schiff heres about it, we need to get this whistle-blower

in. judge, bring us up to date how this is usually handled. >> first of all when ever the president speaks to a foreign leader, there are all kinds of people on the phone. there are people on the phone from the united states. a lot of agencies in this country, as well as people on the phone in the other country. so now somebody comes up, hey i'm a whistle-blower i need to know all about this. the truth as you said, dni, department of justice, hey, wait a minute, this doesn't involve intelligence activity. it doesn't come our auspice what we're going to release but adam schiff is out there, screaming the russians are coming. he is insisting on a hearing. they're claiming all kinds of things, we don't even know what was said. steve: we don't. apparently this person had been in the intel community, that is quoted in one of the newspapers. it sounds like that person has now left the intel community. >> right. steve: after they sought -- >> whistle-blower protection which they got.

now looked like somebody heard something. it really bothered them. they wanted to go to congress for the contents of the complaint to be revealed. because of the rule you just sighted. it was not, on the way out they tried to do damage to the president by leaking it. >> what does this remind you of? does remind you of jim comey on his way out wanted to do damage to the president which created a fake narrative which created all kinds of friction in the country. for two years turned out to be nothing. adam schiff was one leading the charge. the same players, the same narrative. they just want the president. ainsley: judge even andrew mccabe, former fbi director weighing in on this listen to this. >> if, for instance, the president had a conversation with a foreign leader in which he promised some sort of assistance to that country for, let's say, return of assistance in his re-election campaign, that of course would likely be criminal activity and could be qualified by the department of

justice as not an intelligence matter. >> point out again, we do not know -- steve: there is lot we don't know. >> precisely we don't know. for andrew mccabe to pontificate what the facts are, when this guy ought to be more worried about his own indictment, everyone knows it is coming down, based on not just the inspector general but approval of the department of justice to indict him, he ought to be under a rock somewhere. steve: you heard this past week, if he is indicted, if it is referred for criminal prosecution, he does not want to cut a deal. he would want a jury trial. and in washington, d.c., that could be good for him. >> it could be good. it's a left-leaning jury. i think the reason jim mccabe was not indicted for lying and leaking. >> comey. >> comey, sorry about that. this is so clear, this case is so clear, he lied three times under oath, four times completely. he was given a chance to

retract. steve: documented. >> he wouldn't retract it. come on any jury -- brian: basically say i misremembered. >> four times? four times when i'm bringing your attention to it? you want to take it back? >> george papandreou or michael flynn. >> it's a game for these guys in the fbi. brian: right all in your book. >> it is all in my book, radicals, resistance and revenge. and it's the truth. steve: there you go. ainsley: thank you, judge. brian: have a good weekend. ainsley: jillian behind you has some headlines. jillian: good morning to you and everybody at home. a judge will rule if the suspected california synagogue shooter will stand trial. this comes as newly-released surveillance should yo show worshipers running for their lives as the attacker opened fire. one person was killed, three others hurt. the suspect smirking in court as prosecutors showed video, played 911 call where he allegedly admits to the shooting.

>> that we're not going down without a fight. jillian: the suspect could face the death penalty. the alleged sonic attacks at u.s. embassy in cuba may have really been an attack on mesquite foes. canadian researchers say the concussion like symptoms reported in 2016 could have been caused by exposure to a neurotoxin found in pesticides. the attracts strained the relationship between the u.s. an cuba, which just took another hit. the white house expelling two of cuba's u.n. delegates over unspecified influence operations. a major gun manufacturer suspending production of ar-15 rifles for civilians. colt believes there is enough guns on the consumer market. but it will make rifles for military and law enforcement. in a statement the company says in part the colt has been a supporter of the second amendment for 180 years. remains so. it will continue to provide customers with the finest quality firearms in the world.

fox news alert. texas bracing for more rain today as remnants of a imelda caused catastrophic flash flooding. rescue crews making countless saves as hundreds of cars are abandoned in water. that video is unreal. meteorologist janice dean is out on fox square tracking the storm all morning long. janice: historic flooding for southeast texas. the good news, things will settle down as far as rainfall and they will get a drying period. 43 inches of rain in southeast texas in 72 hours. epic rainfall once again for these poor folks. the potential for more rain moves across louisiana and into arkansas. for the most part the southeast texas region will dry out this weekend which is great. do you have a message for ainsley? >> happy birthday! ainsley: so sweet. janice: whoo-hoo. ainsley: we weren't going to celebrate but i guess we'll have

to. brian: absolutely. coming up straight ahead, a story about the american dream come to life. our next guest went from college dropout to being one the world's top entrepreneurs. self-made billionaire. bought the rockets. he has a book. steve: he is coming up next. ♪

brian: from college dropout to settle made mill mayor, our next guest is entrepeneur extraordinaire, turned one restaurant in into hospitality into rainforest cafe, golden nugget casino and nba houston rockets who might win a championship. he is sharing his secrets of success in a book you got to pick up, shut up and listen. the chairman and ceo of landry's tilman fertitta he owns two amusement parks, four casinos.

why was it important for you to lay out the principles in this book? >> harpercollins approached me. we watch your tv show. see all the tillmannisms of yours, read all the articles, see the guests on different news programs, put it in writing. not a life story. tell people how you did it to go from one restaurant to who you are today. brian: worked for your dad in the restaurant business? >> worked from my dad. learned the basics back then many years ago. brian: you were learned a lot from him. when you look at what your dad is doing, success but i could do more? >> it is really funny. i say this all the time. we're all given a talent. i sure was never going to win a grammy or play professional basketball or baseball. god gave us a business mind. we have to find out what we do really well. what he gave me, how to make money. i just knew it. when i was in junior high, high

school. then i knew that i could set goals, that i want to have my first jet when i'm 35. i want to take a company public on the new york stock exchange. it just came easy. brian: through that you got a chance to meet a lot of rich, famous successful people. where does that rank on the good part about being a billionaire? >> i have been so fortunate to meet so many people and hosting presidents in my home and, but my mentors were just kind of everybody. the biggest thing you can do to be successful, don't forget where you came from. i still walk in my kitchens, say hello to the dishwashers and the cooks and everybody. i will still pick up cigarette butts and candy wrappers on the floor walking through my casino. brian: you have principles you want people to walk away with. maybe we don't have your acumen, but maybe there are things we can learn. hospitality matters. customer matters. >> like ordering scrambled eggs

at 11:02, we don't serve breakfast. break a couple eggs in the skill let and give me my scrambled eggs. take out no. brian: take no out of the vocabulary. >> we don't have to say yes but don't have to say no. i preach to my people take no out of your damn vocabulary. brian: 95-5 level. >> we operate at high level, do 95% of everything right. find the 5%. that is it what separates you from everybody else is the 5%. brian: the most powerful politicians in the country are on your speed dial. are you concerned about the push towards socialism being that you are a capitalist in this country? >> i'm, i don't fear anything about my business any day. i've been through many presidents. i've been friends with the last four from clinton, from bush, to clinton on. i fear socialism. it is the worst thing that could ever happen in america. capitalism is what makes this

work. i have 60,000 people that work for me. i spend money every day. why do you want to punish capitalism. that is why we're great. brian: absolutely. this book is great. even i can understand it. i don't have your gene or ability. shut up and listen. hard business truths that will help you succeed. best of luck. best of luck with the houston rockets. i love what you're putting on the court this year. a guy i know is a fan of yours, might even book you one day, bill hemmer will tell us about his show the next two hours. >> i was busy shopping online for ainsley's birthday. brian: she has got everything. >> i have two minutes to none this out. have a great weekend. a official state visit at the white house. australian prime minister and his wife will arrive. we'll hear from both. there is press conference an hour from now. there is ton to cover from the press conference. it was a trump loaded week again. west coast back in d.c. we'll watch it together on a

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♪ steve: we told you at the beginning of today's telecast, today is a special day. we are so happy to say we're glad you were born, ainsley's birthday. ainsley: thank you. steve: she asked if there was going to abqaiq. of course there is a cake. ainsley: i would never ask that. brian: look at that. ainsley: oh, my word, is this my favorite cake? this is my favorite cake. steve: cake from dimaggio's. ♪ happy birthday

steve: ainsley, move this back a little bit. we have one other surprise on your birthday. >> what is it? steve: behind door number one. right there. steve: your brother trent. ainsley: he loves being on birthday more than i do. >> i'm the real star there. ainsley: he is the life of the party. this is my baby brother. i was five 1/2 when he was born. one of the best days of my life. steve: when he was born? ainsley: who was happier all of us, you know who it is, dad. he finally got a son. brian: trent, she does not want to celebrate her birthday. make sure she celebrates her birthday. make it a birthday weekend. can you make that happen. >> happy birthday. we love you so much. you're such an inspiration to our family. it is a blessing to have a smart, fun, loving sister like you. ainsley: thank you. >> ainsley, you're truly

one-of-a-kind. on the special day, you deserve all the happiness love in the world. i hope all your wishes and dreams come true. ainsley: they already have. >> to have years of happiness. brian: does he have a teleprompter. ainsley: where is my precious nephew? >> hang on. steve: you can't leave. brian: geraldo would never leave. >> this is great television. ainsley: they had twins. steve: who made the sign? who made the sign. >> here they come. ainsley: this is amazing. we'll spend the day surrounded by my mom. where is grandma mcclain. i can't tell them apart looking very closely. ainsley: one has a freckle on his cheek. one is graham, one is mcclain.

janice: aren't they cute? >> say happy birthday to ainsley aren't they precious you have the best family. ainsley: my parents. they love the grandkids. our mom had a stroke two years ago. and, she, i'm telling you she lives today for these little boys and for hayden. so we're going to kiss on her, love on her today. there is my mom in the middle. we did a little tour on new york on one of the boat tours, have y'all done this? statue of liberty in the background, brian. thank you so much, trent. i love you. graham and mcclain. >> say happy birthday. >> say happy birthday. >> yell happy birthday. >> happy birthday. ainsley: did they make that? >> they helped mom a little bit with that. where is dorothy.

dorothy, say hey to america. >> you're live on the number one news channel. janice: what a blessed woman you are. ainsley: my sister is in charleston. and my other sister, darcy. brian: where is ainsley registered for her birthday. what are you getting her so we can deconflict? >> i'm sorry i couldn't hear you, i apologize. brian: what are you getting her so we don't get her same thing? >> we got her something special. just give her money. [laughter]. steve: when in doubt. ainsley: we're so unromantic, not so fun. darcy's birthday on 13th. if i don't get you anything you don't get me anything. deal. no exists. >> we're easy. steve: standby there in the carolinas. watch this, some of ainsley's friends with a special message. ainsley: y'all are sweet. >> ainsley earhardt, want to wish you a happy, happy

birthday. first met you when you came to fox. then you joined this crazy show we had called hannity's america. we sent you out across america. we had this great pink card designed for you. wish all the best. >> wish you happy birthday, girl. i always love, every time i get to come up here to be with my friends at fox. >> happy birthday, ainsley. you make south carolina proud every day. >> wishing you a very happy birthday. >> happy birthday. i want to thank you for the joy that you bring to people's lives. >> you deserve the best day ever. love you. >> we wanted to wish you the happiest birthday. love you so much. >> happiest of birthdays to you. sorry i can't be there to help you celebrate. >> happy birthday, ains. have the best birthday ever. you are one of the most precious people in my life. even more beautiful on the inside than you are on the outside. ainsley: how did you do that?

organize that. steve: we have unlimited birthday budget. ainsley: that is so -- trent. how about they got cindy and lindsey. my best friends from fourth grade. in columbia, south carolina. did you help, trent? >> as much i wish i could say i did but i did not help. that was all the team there at fox. ainsley: lori was on there last night. that was last night. she was wearing that outfit. all of them, the senator and congressman and that is so sweet. brian: we're looking for an earhardt correspondent. can we interview trent? look how comfortable he is on camera. janice: the whole family are photogenic. steve: you should start cutting the cake. ainsley: if you came on, what would be the beat? would you cover politics? brian: crafts? >> i'm prefer to cover sports. definitely. brian: do me a favor, watch every college football game this

weekend. >> absolutely. i will. ainsley: trent is a really good athlete. trent tell them what you do? >> for work? -- distributor. sell total knees, total hips. total shoulders. janice: i might need that next year. .

>> see you. love you all. love you all. >> bill: this is a fox news alert. you are south port where the president and first lady are welcoming scott more son and his wife, jenny. >> bill: 9:00 in new york city. president trump about to welcome to australian prime minister. the administration locks horns with democrats over its refusal to share a whistleblower complaint. we'll take you to the story and let you know what we think we know at the moment. i'm bill hemmer. big welcome to you, julie. >> three hours. i'm julie banderas in for sandra smith. lots going on today. new reports claiming the phone call at the center of the controversy appears to involve the ukraine. president trump calling the whole thing fake news but house democrats are already threatening legal action. >> bill: this is clear. both sides are locked in