cemetery at 12:30 p.m.. in the sarasota area, please go. that wraps up this hour of "fox and friends first," thank you for joining us. "fox and friends first" continues. goodbye. >> first, ukraine and australia. democrats within a report claiming the president asked for help for 2 think joe biden. >> all roads lead back to the mueller probe. live in washington as we connect the dots. the ncaa, a legal fight over a new law that lets college athletes cash in. >> the pledge is too offensive for one college campus. rob: setting up a free-speech fight you might not believe. "fox and friends first" continues right now.

♪ ain't seen nothing yet ♪ something you never seem to forget ♪ you ain't seen nothing yet ♪ rob: bachman turner overdrive. jillian: everyone knows the song but no one knows who sings it. it is october. what is happening? rob: did you get through customs? jillian: now. rob: you are watching "fox and friends first" on tuesday morning. jillian: thank you for starting the day with us. ukraine and australia, donald trump solicited help down under in the investigation into the russia probe. rob: democrats subpoena the president's personal attorney.

shannon: griff jenkins joins us from a busy washington as democrats push for impeachment ramps up. >> reporter: you ain't seen nothing yet. in the next step the chairman of 3 democratic-controlled house committees issuing a subpoena for rudy giuliani accusing him of jeopardizing national security writing a letter. you acted as an agent of the president, to advance his political interest by abusing the power of the office of the president and they allege he is in possession of evidence including text messages, phone records and other communications that prove he was not acting alone. when asked last night he will comply giuliani had this to say. >> i am weighing the alternatives. i get all my evidence together, get my charts. let me use videotapes and tape recordings that i have. >> the new york times claims donald trump richard australia's

prime minister on a to investigate the russia investigation added another layer to the impeachment inquiry in part because the white house could have access to a transcript of that call. it turns out australia says they initiated contact. the australian ambassador, on may 28th of this year, the australian government will use its best endeavors in this matter. we are ready to provide all relevant information to support your inquiries. the letter with a response to the president's comments just four days prior on may 24th. >> the attorney general is one of the most respected people in this country and has been for a long time. he is going to look at a lot of documents. i hope he looks at the uk and i hope he looks at australia and i hope you look at ukraine. >> there are questions whether the senate would take up impeachment of the house voted in favor of it.

mitch mcconnell yesterday said he would have no choice to do so based on senate rules. rob: molly hemingway says the new york times report was not a bombshell because we already knew about john durham's investigation into the origins of the russia probe. jillian: hemingway predict democrats are afraid of what his team might uncover. >> the most recent story from the new york times that promised a bombshell reporting that trump and the department of justice looking into the origins of the 2016 collusion conspiracy theory that donald trump colluded with russia to steal the 2016 election, not a bombshell. it has been reported from his prior to now and it is important this be investigated. we have for several years endangered and damage conspiracy theory that perpetrated throughout the media and by powerful democratic politicians and powerful people in our own government and it was done in contention with people in other

countries. if we are to have free and fair elections we must understand how this dangerous theory got spread, who was involved with it and helped explain why so much pushback about this investigation. jillian: the doj says duramax team is trying to determine if other countries like ukraine and australia played a role in the counterintelligence investigation into the trump campaign in 2016. rob: north korea and the united states just agreed to hold talks this weekend they will take pl. saturday according to north korea's state media, the announcement coming just after john bolton slammed the president's north korea policy and also said there's no indication they will give up their nukes. donald trump met with kim jong un on june 30th. it's not clear if the president will be part of the talks this weekend.

jillian: we will keep you updated on that. the nypd officer who died while wrestling with an armed suspect was killed by friendly fire. he was shot twice as he attempted to arrest a man wanted for questioning. first responders lining roads and highways and an ambulance carried his body to his hometown. he will be laid to rest friday. he spent his last hour singing with his partner. look at this emotional video. ♪ west virginia ♪ take me home ♪ dusty roads ♪ jillian: gives you chills. 33 police officers died in the line of duty this year. in just hours the jury with deliberate the fate of the next police officer accused of murdering her neighbor. they must decide if amber geiger shot and killed him on purpose inside his texas apartment last year.

geiger so she thought john was an intruder inside her home but lawyers are calling the shooting a horrible mistake. prosecutors say she must face consequences for killing an innocent man. rob: a second person is under arrest in a $250,000 airport cash heist. emmanuel picked up the money from jfk airport in new york city after a baggage handler named quincy thorpe took it instead of loading it on to a jet. thorpe became a suspect when he called out sick for two days after the money went missing. the men claim they are innocent. >> max form barry will not run for reelection in 2020. the texas republican was first elected in 1994 and served 13 terms. it is unclear what he plans to do next. library is the sixth house republican from texas to announce retirement. he won reelection last year by

65 points. >> they will get paid under a new law in california, governor newsom citing the fair pay to play act. jillian: it could spell big problems with the ncaa. todd pyro joins us with mixed reaction. >> reporter: under the new california law college athletes would have a right beginning in 2023 to profit from the use of their name, image and likeness. here is california governor gavin newsom. >> it is going to change college sports for the better by having the interest of the athletes on par with the interests of the institution is now for rebalancing that power. >> that sentiment echoed by a lot of now professional athletes who came to the college system.

>> someone needs to force this dictatorship to change. >> to create an opportunity is huge. a lot of work as yet to be done in that respect. >> reporter: not everyone is on board including the ncaa which issued the following. this new law is creating confusion for current and future student-athletes, coaches, and campuses and not just california. we will consider the next step in california while our members work on ongoing efforts to make adjustments to ncaa name, image and likeness rules that are realistic in modern society and higher education. on foxbusiness, dallas mavericks owner mark cuban said this law could be the deathknell of the ncaa. >> the ncaa may implode. you may see third parties come in with a lot of money and say this is about the cash now.

>> the backlash, california is not alone, new york, florida, colorado and south carolina could see votes on similar proposals. we know where this is headed, to the courts. jillian: fascinating to see how this might play out. it is 9 minutes, 10 minutes after the hour. harassing an elderly couple, a conservative actor who says it is time for hollywood to step up. rob: a new be on earth photo shows joe biden and his colleague who works at the ukrainian oil and gas firm. why is this picture so important to q jason chaffetz is here to get to the fact and talk about that picture. each day a little sweeter.

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rob: donald trump's personal attorney rudy giuliani firing back after he was left with a subpoena for documents related to ukraine and joe biden. >> all this nonsense, i gathered all this evidence before the mueller probe and did so it was clearly under my responsibility as the lawyer for the president. jillian: the liberals seem to undermine trump and the gop and our republic and former house oversight committee chairman jason chaffetz, thank you for being here. what do you make of what you are seeing is what rudy giuliani has to say? >> it is a distraction. giuliani is the president's personal attorney, of course he will do his job and as it relates to donald trump calling on world leaders to cooperate with the department of justice,

the president doing his job. >> they call it digging for dirt on joe biden. they don't see it the way you do. most of the media and democrats. why are they wrong? >> i heard several people, when they are looking into joe biden that is digging up dirt. they are looking into donald trump, that is just investigating. such a double standard in the media and people are sick of it, they are picking on the president. they have the goods, they really had donald trump where they wanted enough to justify impeachment they would read his own words from the transcript. and said what did we see from adam schiff? he made it up? he had to inject his own parody. rob: the boy scout, always trying to play by the rules, interesting to see him live. >> the house should censure him,

you cannot, it is in violation of house rules to do what he did even if it is in a committee hearing and he should have been called out. jillian: a subpoena to giuliani being a distraction, many things a lot of people consider distractions happening right now but ultimately the american people are going to suffer with this as a result of this because a lot of people wondering what is going to get done between now and 2020 as a result of this. >> remember what democrats are focused on. they are not looking at the trade deal, the us mca that could be done. the president reached out on several of these threats and we hear this that we heard from the past three years, the distraction to try, death by 1000 cuts, disparage donald trump. rob: it comes back to obama makes joe biden the point man for ukraine and hunter biden gets this job and joe biden, a little while ago, what did you know about what hunter was doing? nothing. let's look at this picture.

tucker got this leslie, it shows joe biden golfing with his son hunter and devon archer, another one of the guys. >> this is in 2014. >> biden claims i've never spoken with my son about what he was doing. come on. when you spend hours together. >> it is a whole day. >> keep in mind these people have been in hiding. we haven't heard from joe biden. he's been in use a doing fundraising. >> he points at what trump is doing. >> why are we having these questions asked. the media -- why are they not -- rob: how do you get a job making 600 grand a year when you know nothing about ukrainian energy? >> hunter biden had nothing on

his resume other than the word biden in his name to justify that. jillian: i your spies by the lack of response from joe biden? >> i am surprised. 's character is being attacked. he's not depending himself and where is hunter biden in this? why is the senate calling up hunter biden right now? there is no reason somebody like senator rich in charge of the foreign relations committee can't issue a subpoena and get hunter biden to explain himself. rob: is this the way it works? you were in congress a long time. we have a system of government that is tough on corruption and keep it tighter than most countries do but is this how it works? do you see this happen a lot? people around you, not necessarily your self? >> as far as investigations like the democrats play offense and republicans who tried to explain and apologize their way out of things and that is the difference. nancy pelosi is always on the

attack and we need to know when did the speaker know about this? how come adam schiff knows who this whistleblower is? it seems too convenient and prepackaged. it may be a political stunt in the end but it is getting attention. as it relates to people cashing in, peter schweitzer's book is pretty compelling on both sides where people use their names to go out and get these secretive contracts they would never get otherwise. it happens on both sides of the island fortunately. jillian: thank you for being here. >> let's figure out how long it takes. jillian: it is 20 minutes after the top of the hour. one nation no more. when university just said goodbye to the pledge of allegiance.

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jillian: overnight denver banning sale of tobacco products to people under 21 years old. rob: more states are increasing the smoking age.

>> denver voted to pass this new bill. this would say no one under the age of 21 can purchase any sort of tobacco products inc. using debate including e-cigarettes at a time when we are seeing a lot of vaping related illnesses. in denver they are trying to keep these products out of the hands of young teens. they say this is an effort to promote healthier decisions, better choices among the younger generation. they are passing something similar. 21 years. a lot of steps, to cut down on tobacco-related illnesses. >> an interesting story. every company says there thing is the best in the world. >> energizer batteries suing the

makers of duracell batteries accusing duracell of duping customers by implying its new optimum aa and aaa batteries are more powerful and last longer than any other battery. according to the lawsuit the benefits were barely worth touting at all. duracell is a unit of berkshire hathaway. they have not commented on the lawsuit but energizer seeking damages for false advertising and want to stop the improper advertising as well. they say they are the best but whose is cute you they are similar. rob: who is best? the cheaper one. thank you so much. a student government banned the pledge of allegiance at its meeting. the group when university of oklahoma says it is incompatible with the constitution for saying one nation under god limits freedom of religion and speech. one student points out the pledge was into silver columbus

day which is recognized as indigenous peoples day. many students call this move un-american. jillian: a high school taking heat for a banner at its homecoming game. take a look at this. you saw the football team smashing through the sign that reads, quote, make america great again, blasted on social media, proving what appeared to be a political message. a lawyer for the school district said that was not the students intention. rob: chicago police ordered not to help is a part of homeland security and the city's mayor is proud of her sanctuary policy. >> we hurt them and hurt their ability to do their job, that is the point. rob: ice official joins us to respond.

jillian: huge hype growing around the wwe homecoming. we are coming right back. out to get your medicare number so they can bill fake claims in your good name. don't give them that chance. fraudster: just calling to confirm your medicare number. do you have your card available? spokesman: for example, if a caller says they're from medicare, watch out. it's probably a scam. don't give out your card number. and always check your claim statements for errors. report fraudulent charges to 1-800-medicare. guard your card. learn more at medicare.gov/fraud. if you have moderate or psoriatic arthritis, little things can be a big deal. that's why there's otezla. otezla is not an injection or a cream. it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques.

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shhhh. i'm being quiet. you're breathing on me! if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. let's go to the cemetery! kim jong un check of top headlines, first ukraine and now australia. from down under in the investigation into the russia probe. democrats subpoena the president's personal attorney to appear two weeks from today. mary jack jillian: attacks on us base and italian convoy in somalia. out shabab claims it included multiple confrontations with american troops, military official disagree. no americans were hurt. rob: summer recess is over, the justice will consider several appeals including two major abortion cases.

and indiana law would require women to have an ultrasound 18 hours before an abortion. the other challenges require abortion performing doctors to have admitting privileges at a local hospital. >> fox news obtaining an internal memo from the chicago police department instructing officers not to cooperate with homeland security particularly in situations involving integration arrests. >> lack of cooperation but americans safety at risk. isis deputy director over enforcement and removal operations, thanks for coming on today. give us your response to what lori lightfoot in chicago has done. >> any sanctuary policy is dangerous for the community. working with law enforcement agencies should have no limits on cooperation.

jillian: this quote from the internal memo the police department, a police department supervisor required to respond to all requests for assistance from the department of homeland security personnel if the request is to assist with an immigration record, the police department personnel will leave the scene as directed by the supervisor. what do you make of this memo and how often are police officers asked to assist in these situations? >> police officers around the country are generally not asked at all to enforce immigration law. what this does is makes hesitation on any police officer in the city of chicago whether working with law enforcement agency or not. a precedent that should not be set and makes the community less safe. >> the mayor of chicago lori lightfoot.

>> they heard their ability to do their job in this city. >> they are potentially racist for what they do. >> this misinformation by politicians and lawmakers, ice is sworn to enforce the laws congress has enacted. many people don't like those laws but targeting ice, law enforcement agencies work with ice, not in the best interest of public safety and they continue to do its job and mission. >> what is your message to the public? a lot of turmoil across the country with situations like this and people wonder am i safe out there? >> if you live in a sanctuary city you are less safe, you hold lawmakers accountable. the only one sanctuary cities

protect our criminals ice is looking for. rob: thanks for coming on this morning. iran's top general says destroying israel is the, quote, achievable goal. the commander telling iran's revolutionary guard is real must be wiped off the map. these comments amid rising international tensions over iran's nuclear program. benjamin netanyahu said it supported the us after the iran nuclear deal last year. >> calling on hollywood to do more to stop it. a new disturbing video of the group. that video showing elderly couple blocked from attending a conservative political event in canada.

>> this behavior that is going on, you believe in a different belief altogether, can't allow that to happen any longer. >> reporter: celebrities should use their platform to condemn antifa actions. >> it is october 1st but doesn't feel like it in montana. like siberia. and unprecedented winter storm covering the state in the snow, september into october. scenario seeing four feet. jillian: a woman jumps in the snow and vanishes. rob: janice dean joins us with more with this bizarre weather. just disappeared. >> i would like to know how that

works. >> must be light snow. >> moving right along we will investigate that and see how that happened. i want to know how that happened. four feet of snow in the mountains. i want to know the exact location. take a look, incredible amounts of snow across the northwest and rockies and you see the cold air across the west ahead of this friend, we will see record-setting heat. we are talking about weather extremes. along that frontal boundary we will see showers and thunderstorms, flash flooding, seeing that snow across northern planes and parts of the northern rockies starting to taper off, 48 inches of snow in montana.

there are your flood advisories, that boundary across the great lakes into the southwest, flash flooding, flood advisories in effect. that's where we could see the heaviest rain fell across the midwest and central plains to the southwest and a little snow over the northern planes and rockies and here's your forecast, you can see the difference between the cooler air and warmer air, 91 in houston 88 in kansas city, 82 with mostly sunny skies in new york city and hurricane lorenzo, this broke records as the strongest hurricane north and east in the atlantic, category 5 and looks like it is still going to move towards the azores as a hurricane and we will monitor it as it goes closer. jillian: breaking news to get to. rob: a live look from rome, italy where mike pompeo has just

landed, set to meet with leaders in italy kicking off a 6-day tour of your. jillian: a meeting with the pope at the vatican, he will wrap up the trip in macedonia and greece. we will keep you updated and all of it. rob: he says he was part of these conversations and was on the phone with the president of ukraine. he is someone to watch today. jillian: if the president get impeached bernie has a plan. >> given the impeachment process that is taking place if it is not trump, mike pence even worse. rob: the reaction to bernie's plan coming up. ♪ limu emu & doug

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>> given the impeachment process if it is not trump we will beat mike pence, even worse. >> bernie sanders counting donald trump out as democrats launch their impeachment inquiry. >> carly shimkus with serious xm 115 here with reaction. >> bernie sanders planning for the future that by all accounts is unlikely to happen given that republicans have solid control of the senate. is this the right message from sanders kick you supporters are praising him but not everyone is convinced. and he says he is counting chickens before they hatch and he is facing criticism in his own party, you went too far left. i once supported in donated to you. keep fighting for lower drug prices.

another twitter user says first focus on creating interparty cohesion so we don't beat ourselves again. some democratic presidential candidates, most going crazy over this impeachment thing but tulsi gabbard slammed democrats for a fundraising. >> to hillary clinton and the email, after destroying the devices in such a manner, she makes fun of this whole thing. >> reporter: the trump administration is reportedly ramping up their investigation into hillary clinton's private email server and that sparked a friendly exchange between kamala harris and hillary clinton, that hillary clinton served our country with distinction and put our country first, something

trump knows nothing about and responded sarcastically saying but my emails, thank you. republicans are not laughing. one twitter user says you mean the subpoenaed emails you illegally destroyed? this twitter user says we haven't forgotten about them either. the washington post reporting the trump administration contacted 130 former clinton aides saying their emails have been considered classified which could be considered a security violation. that is where that investigation stand. rob: we are just two weeks from the next democratic debate with hours left to qualify. how big of the make or break moment is this for the very crowded field including we will see a couple new fresh faces. jillian: the next guest is it is important for everyone to break out to survive. jillian: we will check in with brian kilmeade with what is coming up on "fox and friends".

>> tulsa gabbard said she's already. not sure what the problem is. let me tell you what is coming up. new revelations in the washington post and new york times about the impeachment quest to take out donald trump. we will bring you both sides of it and he was interrogated, the 9/11 mastermind and the author of enhanced interrogation doctor james mitchell about democrats who attacked him. he wonders if they could take down the most powerful man in the world. and if they can they can do it to anyone. also the markets, the economy, where we are heading in terms of that and more. charles payne wearing a striped suit. judge andrew napolitano will be talking about nancy pelosi and what she said on 60 minutes which is befuddling to many and disappointing decisions, mark morgan says my job was made a little more difficult.

it is going to be fun. a lot of wrestling, about triple h and going to be here talking about that friday night. the rock will be on fox. that will be great. good news for rob and jillian. >> the last ten and those two. >> i thought you were teasing they might not be in. >> not a proctor. i don't get it. we will be right back.

rob: the 2020 hopefuls have a matter of hours to qualify for the democrat debate and so far we have 12 candidates making it to the stage. jillian: this will feature some new faces but with dnc making qualifications more difficult is this make or break for the candidates? rob: the former national political director for the dnc joins us now. is this goes along you are supposed to be getting smaller groups of people on a stage, you're going the wrong direction. from 10 to 12. >> we have a lot of candidates with great ideas and trying to express those ideas to the american people. at that segment, things are more difficult, in the debate process. we will go in november after this debate in october from

130,000 donors, to 165, numbers are increasing so it will be more difficult. jillian: a couple seconds ago we saw the list of candidates who qualified for this debate. let's talk about those who qualified for this debate but the last one, you see them on the screen, tulsi gabbard and tom stier. do they have a lot of work to do to make up for that? >> tulsi definitely does. she will set herself apart and say what her ideas are and how they will be different from folks who are currently on stage and that also first iron a little bit of a different -- in light of what is going on with the impeachment process and whatnot, he has been talking about that for a number of years. rob: joe biden was the front runner for a long time.

and elizabeth for it is up them. >> she is doing well. she has folks that are supporting her candidacy. the vice president is following and he will do well too. rob: he is under a lot of bad scrutiny right now. >> i don't necessarily agree with scrutiny but what is happening is donald trump and lend him as front runner. when he was at this to highlight that. people in iowa, in nevada going through the process. candidates are going to be in

these states, that will get strong at the end. >> how will that play into that and have an impact. >> it will have an impact on some voters but i don't think it will have much impact. this highlights the fact that donald trump is the front runner, that is why he wanted to get the information he wanted to get on donald trump. we keep hearing biden gets his name out there more and will deflect what is on tv or talking to voters in iowa. rob: you wonder if some of the other candidates will go after him. sorry about the drilling and the noise. working on whatever is going on

over there. 53 minutes after the hour. the last straw, notorious plastic policy had new heights. >> we want to make the fanatic happy. >> there we go. everybody on the internet, must-see tv from our affiliate fox 29. using a tattoo of the fanatic for good cause, you don't want to miss this, we are coming right back.

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jillian: good morning, welcome back. banning restaurants from giving plastic straws unless they ask. businesses with over 26 employees back in april. starting today all restaurants must adhere with the rule. the city councilman came up with these straws on request. smoothie drinkers can just have them blend it a little thinner. >> starting today you can pick a gender neutral option on drivers licenses in maryland. the i.d. will look like this. drivers are choose x as gender intel of male or female. allow the nonbinary nation earlier this year.

washington, d.c. have gender x options as well. jillian: a legend returning to the ring. >> what the rock is cooking. jillian: dwayne "the rock" making first appearance on six years when it debuts on fox on friday. taking to twitter writing there is no place like home. don't miss wwe take over fox square this morning on "fox & friends." rob: that will be fun. are you going to go wrestle kilmeade out there? there?rob. jillian: no. rob: new poll finding 52% of registered voters in california have thought about leaving the state. biggest reason, high cost of housing, taxes as well. jillian: thought ugly. a fan of philadelphia phillies leaving fans grossed out with a philly special. watch with caution. >> here we go. we want to make the fanatic happy, if he is a thirsty,

there you go. jillian: my friend mike jarrett right there. he went viral a fundraiser thrown in his honor raised $10,000 which he donated to childhood cancer research. rob: bye. ♪ we're just getting warmed up ♪ just getting started ♪ already fired up ♪ a party ♪ ain't nothing like it around here. brian: i would like to cut a deal with jason aldean to make it our permanent song. ainsley: warmed up is what happened five minutes ago. we are in the game right now. steve: live from new york. it's the "fox & friends" show. brian: that's where you meet people. ainsley: i wish i could say i could do that but nope. steve: thank you so much. it's october 1st. congratulations. you made it and it's hour one for "fox & friends" for a