>> it is wednesday, october 2nd. at 4:00 on the east coast a fox news alert, north korea launching another ballistic missile test dangerously close to japan. the show of strength days before the regime restarts talks with the us. mike pompeo writing a wrong just hours after being named as a fact witness in the house impeachment inquiry but republicans say it is just a show.

>> this is not a real impeachment. this is a false impeachment, russia hoax 2.0, just a matter of making sure those in the middle in america understand what a hoax this is. >> we are live in washington where democrats are suddenly working at breakneck speed on something. staring down the king of the jungle, the uproar after a woman climbs inside a zoo exhibit and comes face-to-face with a lion. "fox and friends first" starts right now. ♪ heather: our manager like that music to get you moving this morning. a live shot of new york city

where the lights stay on. you are watching "fox and friends first" on wednesday morning. we start with a fox news alert. north korea launching a missile one day after agreeing to nuclear talks with the us, the projectile flying 280 miles and landing in the see in japan's exclusive economic zone. the country vowing stern protests against the regime. the launch comes ahead of planned negotiations with the us happening sometime in the coming week. just after announcing that would continue. mike pompeo at the vatican. in a few moments he will speak at a symposium to address democrats after being named a fact witness in their push to impeach donald trump. griff jenkins joins us from washington as the president blasts the left for staging what he calls a coup.

>> reporter: things are moving fast and furious even though pompeo is overseas, democrats claiming he is a witness, blocking congressional access to impeachment. that could be an impeachable offense. mike pompeo has been pushing against subpoenas for five state department diplomats to appear issuing a withering letter to democrat saying i am concerned about committee request, an attempt to intimidate, boule and treat them properly the testing was professionals of the department of state including several career ss ohs with the chairman responded to the letter to john sullivan. they write pompeo appears to have a conflict of interest as he participated in the ukraine call saying given his potential role with officials being involved in or knowledge of events under investigation the

committees may in for he is trying to cover up illicit activity and misconduct including the president, this would be a blatant cover-up. day add in the effort to buy pompeo, witnesses from testifying or withholding documents from the committee shall constitute evidence of obstruction of the impeachment inquiry. donald trump continues to rail against the inquiry tweeting what is taking place is a coup intended to take away the power of the people. that drew reaction from at least one democrat, kamala harris, who said time to do something about this. a lot happening here. and voelker will be deep opposed, the ambassador for ukraine will appear october 11th. stay tuned. a lot happening here.

heather: eric holder warning william barr, fox exclusive, the investigation into the origins of the russia probe. >> highly unusual, and investigation, and law enforcement agencies. and have to be substantively neutral. i fear he crossed the political line. >> president obama telling a radio host, i'm still the president's wing man. in his most recent comments holder question the president's

role in william barr's investigation. devon nunez, ranking republican on the house intel committee says democrats don't want you to realize the entire impeachment effort is nothing but a hoax. >> this is not a real impeachment. this is a foss impeachment. by keeping this at the house intelligence committee, it is not a place to run impeachment hearings. what they are trying to do is hiding this from the american people but don't want to the normal process. important for people to go back and look at the chairman of the house intelligence committee, fabricated the president's own words. this need for closer examination. democrats tried to get dirt from the ukrainians. the dnc, the clinton campaign, the russia investigation beginning ukraine.

>> charging acting fbi director andrew mccabe. by november 15th, he will order the release of fbi records, authorizing the start of the russia investigation after taking over for fired fbi director james comey, fired for lack of candor. a lot of pieces in this. former dallas police officer found guilty of murder. a jury will hear new testimony to determine a sentence. amber guyger shot and killed john last year, she claimed she mistake his apartment for her own. his emotional of this elevated the verdict. the family describing the impact of his death. >> my life is not been the same. it has been a roller coaster.

i can't sleep. i cannot eat. the most terrible time for me. i want my brother back. >> she faces 19 years in prison. and illegal immigrant deported 7 times pleads guilty to reentering the us for an eighth time. josé lopez appearing in court after being arrested in tennessee. he has five dui convictions with another pending. he faces two years in prison when sentenced next year. virginia police officer suspended for turning over an undocumented immigrant to the fed. the police chief says it is against department policy to cooperate with ice. >> collar accident where the officer discovered one of the drivers did not have a virginia

drivers license. they a pale to appear at a deportation hearing. the officer told ice, the driver was turned over to a federal agent before being released. the fairfax county police department has a policy that prohibits officers from an immigration status. our police officer violated long-standing policy and to private a person of their freedom which is unacceptable. our county is one of the most diverse counties in the nation and no one should have the perception that fairfax county police is acting as a civil immigration agent for ice. this matter damages our reputation and the policy that officers shall not act as immigration agents.

they cooperated with ice. check this map, use the states, counties and cities with similar ordinances. with remedial training in addition to being suspended and internal investigation. >> if we are a rule of law country, so many interpretations of what the rule of law is. >> thank you so much. several 2020 hopefuls head to las vegas for a gun safety course marking the second year anniversary of the attack on the root 91 country music festival. they lay candles and individuals, and the modern american history.

it is a perfect morning to spend time with local law enforcement officers. police department across the country, national coffee with a cop day to break down barriers between officers and the communities they serve. i will be lucky enough to sit with the team of police officer. tune in tomorrow. democrats rushing to impeach donald trump over his ukraine call. did they forget this call involving obama officials in 2014? >> we try to get somebody with an international personality to come out here. >> you need biden. >> joe rubin worked in the state department and says biden's activity in ukraine is a good thing. a story falls into white house

reporter's lap. it's not the one he expected. panic in the press room. ♪

heather: democrats are rushing to impeach the president over a with ukraine about corruption in the 2016 election but have they forgotten about this leaked phone call from 2014 when obama officials were discussing influencing ukraine's election. >> if we want to get somebody with an international personality to come out here. >> you need biden and i said probably the moral foreign at a boy to get the deeds to stick. >> joel rubin worked in the state department and joins me to discuss.

thank you for joining me this morning. your reaction to that? >> that is a great phone call example of diplomacy in action, people talking, jeffrey was career ambassador to ukraine. victoria newland was the assistant secretary handling ukraine. turns out she was a senior advisor to dick cheney in the mid-2000s and they are talking about the elections and how to engage a deal with ukraine's transition after autocratic leadership with russia transitioning in the violence period to ensure the elections were free and fair for the ukrainian people. >> this was before the regime change and the people at home now if you listen to the entire leaked a the favored candidate mentioned in a ultimately is the

one who when the regime change happened took over. >> in 2014 after what happens, victor fled to russia, invited them to invade ukraine to protect him and this was bipartisan. john mccain was a leading voice in ensuring that there would be competition and ultimately when he won the election. we have a long tradition of democrats and republicans engaged in international democracy promotion to go to countries and work with different candidates to get these elections right. that principle cuts across party lines. reagan was the big initiator of the vision. >> why not the same respect or

spin when it comes to donald trump? >> donald trump isn't trying to promote free and fair election in ukraine. what he's doing is pushing the ukrainian government to do something in his personal political interests and say american aid, you won't get to protect yourself until you give me what i'm asking for. that's a different discussion from the us government talking to ukraine's government to make sure it has free and fair election, these are different universities and that is why the debate is happening. heather: we know after this discussion happened by the end of the month the person newland dimensions takes over for the first time, he was under investigation for his first type of corruption. two month after that hunter

biden on this gas company in ukraine and in a matter of days vice president biden was in ukraine. some of the timeline people question. let's talk about this. when it comes to how people are treated let's listen to adam schiff on working with foreign dirt when it comes to donald trump. >> what is the nature? >> we will be back in touch with our staff to make arrangements to obtain these materials. heather: they are okay with getting foreign dirt. >> what adam schiff is saying is thank you for providing what you say you are providing. i will have my team look into this and he didn't run with it. when people engage members of congress with dirt or

whistleblowing, and i was congressional staff. it's not a simple job and members of congress by doing what he did, not saying i ignore it and i will have my people look at it and he didn't do anything with it. heather: we appreciate you joining us. thank you. the time is 20 minutes after the top of the hour. elizabeth warren wants to break up facebook if she becomes president, mark zuckerberg is ready for a fight. >> i would bet we would have a legal challenge and win the legal challenge. heather: carly shimkus has social media reaction. ♪

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>> the right answers to break up the company. if she is elected president we will have a legal challenge and i that we will win the legal challenge. does that still suck for us? yeah. >> mark walker berg slamming elizabeth warning threatening a lawsuit if she wins the white house in 2020. carly shimkus with serious xm 115 has the response. what is going on with this? carley: this leaked audio taken from a q and a with employees and after it was published elizabeth warren fired back on twitter saying what would really suck is if we don't fix a corrupt system that lets giant companies like facebook engage in illegal anticompetitive practice. some consumer privacy rights,

from the responsibility to protect our democracy. there was a plan that would break up tech companies saying there is no way startups can compete with them. lawmakers on both sides of the aisle agree with her. people are using facebook and twitter to talk about it. christine says who are you punishing them? them or the people like me who rely on it to maintain social connections? paul tweets pretty ironic you say on a giant competitor of facebook like twitter. this twitter user appears to agree with warren saying of the rich and powerful are afraid you must be doing something right. the debate is interesting. the other side of the argument is if you break up and we can us tech companies, cut another company from another country come in and take their place? it is an interesting topic.

heather: with all the controversy surrounding ukraine the president of ukraine meeting with hollywood reuters. >> you are looking. >> paid the rent. carley: volodymyr zelinsky was an actor and comedian before he became president of ukraine and tom cruise was there seeing if there could be any filming locations in ukraine. we will see what movie that will be and seems they had a good conversation. it is funny it happened this week with everything going on with the president of ukraine. >> look like tom cruise could play the role. the time is 26 after the top of the hour and 65 new miles of border wall ready to be built in

texas as democrats try to block every inch of construction. brandon judd breaks down the three biggest sections at the border up next.

heather: half past the top of the hour. the us responding to north korea and their missile launch overnight. a spokesperson say we call on the d prk to refrain from provocations of the un security council resolution and remain engaged in substantive and sustained negotiations, the launch comes one day after agreeing with nuclear talks with the us, those talks are expected later this week. a federal judge pushing the doj to make a decision on charges of the fbi director, andrew mccabe, who warns charges are filed by november 15th he will order the

release of records authorizing the start of the russia investigation, fired for, quote, lack of candor. mike pompeo greeted by leaders of the vatican overnight. our nation's top diplomat is on a 6-day tour of europe, democrats name him a fact witness in their push to impeach the president. controversy surrounding joe biden's son hunter and his international business dealings. mark meredith explains his past could will hurt the former vp's future. >> he is no stranger to controversy. the focus is on a decision in 2014 to join the board of directors of the ukrainian natural gas company. at the time reporters asked the obama administration if it was a conflict of interest for vice president biden. >> hunter biden and other members of the family are

private citizens. it does not reflect an endorsement. >> hunter had some corporate experience, he served on the board of amtrak and launched his own consulting firm. we asked heaven wally if he could see why biden's work in ukraine could raise red flags for some people. >> i'm first to say i don't think hunter would be on this board his last name or smith. >> candidate biden denied any involvement in his son's affairs. fox's tucker carlson obtained this photo from 2014 showing the bidens on a golf course, donald trump's son suggested on twitter the photo contradicts the former vp's statement. >> is it a sad reflection of politics and what the president needs to do? he thinks in order to win. >> i like joe. he is a fine man who served this country but this is an explicable. >> hunter no longer serves on

the board. he told the new yorker he had no idea his time would create so much grief for his dad's campaign. >> in addition to questions about hunter biden's background, the best-selling author of clinton cash so someone needs to ask questions about what was paid for. >> joe biden was appointed by barack obama to be point person on us policy, china and ukraine. in both instances his son got lucrative deals where he had no qualifications. he was paid $83,000 a month by the ukrainian energy company, no background in ukraine or energy and he got involved in a private equity deal to the tune of $1.5 billion even with no background in china and no background in private equity so

the question is what was he paid to do? he was being paid for something and that is what we have to get to the bottom of. >> only 11% of network news coverage on ukraine referenced the bidens. this is troubling. to more people confirmed dead, a mysterious illness, death on monday. 13 states, vaporing -- vaping related deaths, the largest raping -- vaping retailer juul slapped with a lawsuit, a team was manipulated by the company to keep him hooked on e cigarettes. texas a&m university, after the chancellor called it a threat. doj watchdog slamming the drug enforcement agency for slow

response to the opioid crisis. and what it shouldn't have. the regulatory agency for failing to act quickly on evidence opioids will be oversubscribed. 100 130 americans dive opioid overdoses every day according to the cdc. brand-new border wall construction, several contractors, the construction slated next year. and they are focused on keeping the president's promise from being fulfilled. the biggest misconceptions about the border, the president of the border patrol union, brandon judd. thank you, appreciate your time. let's begin, number one, donald

trump exaggerated the issue of illegal immigration in america. >> that is disappointing. you hear the mainstream media and liberal left politicians talking about an exaggerated crisis when the crisis was bigger than any crisis on the border in 22 years, border patrol agents, it wasn't true what donald trump was saying was absolutely true, record numbers of family units and unaccompanied children and people who dealt with before. >> the numbers dropped. >> the pressure on mexico, to cut deals any predecessors would love to have, because of those deals the numbers have dropped.

and congress not doing anything to help out with the crisis we were facing. >> danger in your home country counts for asylum. i did know there was no such thing as economic asylum. what specifically is false about this? >> you have to qualify anderson categories for asylum and dangerous and enough, persecuted for a specific reason, targeted for a specific reason. that is why the vast majority of people who come to the borders and claim asylum ultimately are granted asylum in the united states. they are granted an initial fear of interview and asylum, it is 90% ultimately denied asylum, supposed to be back to our own

country. heather: in terms of those coming to the border, the final conception of central america, that would be false. >> i can tell you it is completely false. i rested people from china, from poland, from brazil, from chile, from russia, from all over the world. we deal with people who come across the border from everywhere and if we don't have those physical barriers, 65 miles in rio grande valley, texas. if we don't have that, we are not able to be as effective as we we should be. we build physical barriers, where we didn't have them before and numbers of dropped exponentially. and agents in the rio grande valley, better than we have ever

done before. heather: thank you for your time, appreciate it. the time is 20 minutes until the top of the hour. delivery by drone, the company flying high to get packages to your door starting today. staring down the king of the jungle. why in the world this woman jumped into the lie and's done. what she says next that is triggering an uproar. dinner's almost ready. but one thing we could both agree on was getting geico to help with our renters insurance. yeah, switching and saving was really easy! drink it all up. good! could have used a little salt.

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heather: red state democrats expressing fears, and telling fox news, and including the kitchen sink of issues will

severely hurt democrats in 2020. they want the probe to stay narrowly focused on ukraine's phone call. a former administrator expected to plead guilty in the college cheating scam who could testify against others. prosecutors say he accepted $150,000 in bribes to let a man take tests, felicity huffman's daughter was one of those students, she was sentenced to two weeks in prison. felicity huffman being the case there. lawyers for all the parents who pleaded not guilty including lori laughlin will be back in court today. harvard university does not discriminate against asian americans in its admissions process and in favor of the school in an affirmative-action case and the university was accused of higher standards.

the judge says the school decision process is not perfect but is constitutional. how about business news for you? united auto workers union rejected a deal to end the general motors strike and gm is announcing thousands of layoffs. tracy carrasco from fox business. >> we are heading into day 17 of the strike against general motors. the lead negotiator saying gm submitted a proposal, comprehensive proposal to the un monday the union in a letter to its members saying, quote, this proposal the company provided, did not satisfy contract demands that came short like healthcare, wages, temporary employees, and job security.

and they are waiting for some kind of response, gm saying it will negotiate with the you want to come up with a deal. this comes as they close the maximum pickup truck factory because of its ongoing strike. they produce top-selling us vehicles, chevy silverado, it will not have access to new supplies of that pickup truck because of the strike. heather: happening today, ups using drone deliveries. >> a major step forward with drone deliveries, ups beating out amazon, google's parent company for this type of certification from the faa. the first approval to operate a drone fleet to deliver packages. ups's division flight forward,

their program received the certification that will allow it to expand its delivery services on hospital and college campuses. they have one major program they work with in raleigh, north carolina, where it transports blood and tissue samples. they will that other projects like this without having to get government approval for every project. this gives them an overall approval. heather: whole new world. thank you. the time is 15 minutes until the top of the hour. los angeles leaders want california's government to declare a state of emergency over the homeless crisis. but is that the best solution? new york city has similar problems and we have advice for la. ♪

heather: the homeless crisis in california has gotten so bad los angeles officials are demanding gavin newsom declare a state of emergency but would that solve the problem? joe will really joins us with some insight. we have similar issues. >> los angeles city council was on the right track. they need to declare a state of emergency. most people think the state of emergency is to address the homeless problem but is actually to address the crazy laws and iraq with the california municipalities when they go into simple things like build homeless shelters themselves. of the 20 the city council

calling for this, the city councilman demanding a state of emergency. >> the bureaucracy is killing us. it is frustrating when i have to get approval from state and federal government to move on an emergency shelter that has taken two years to build. we cannot afford to move more passports and studies. heather: the homeless population is 36,000. how would declaring a state of emergency cut through the bureaucracy? >> each laws that create the environmental abuse, they are done with that. collectively when it takes two years to solve today's problem you will not have a result you need. you see that in new york where bill diblasio building the same homeless shelter in midtown for the past six years. of the rules and regulations that burden them from solving the actual problem. heather: the state of emergency

would allow people to cut through the funding issues and have funding available quicker and things like that. >> it would allow them to end around the permitting problems delaying these projects. heather: let's talk about the next thing closer to home. the attempt to bring the trump presidential library to staten island. >> we voted for him 57%, the rest of the city voted against him 80%. whether liberals like it or not trump's archives will be housed in a library somewhere probably in his home state. it is a positive thing for the south side of chicago. they are getting the barack obama library and i hope more people in new york city are receptive. heather: what is involved in making that push? >> the presidential library is partner with academic institution, so we have 3 colleges and universities and you build a big center and it is

a research facility for professional historians so it would be something that would bring a world-class academic institution to part of the city that has a shortage of public colleges and universities. be 20 have you heard from the trump administration? >> not yet. no matter what happens in 2020, right after that the president and his staff will make examinations on where the library will go. heather: there has been controversy in terms of president obama's library. >> there will always be zoning issues and the right setting for it but it will be transformative for chicago. a lot of jobs and positive vibes. we want the same in new york city. heather: great to have you with us and good luck with that. it is 8 minutes until the top of the hour and a story falls right into a white house reporter's lap. the mouse panic in the press room.

>> base hit to right, scoring 3 runs. heather: major league baseball playoffs off to an exciting

start, washington nationals beating the milwaukee brewers, nationally wildcard game 4-3 and more to come tonight. they play in the american league wildcard game. the former leader of the veterans charity scamming vets. patricia driscoll was convicted last year stealing $1 million from the armed services foundation. she will remain out of jail, accused of spending the money on jewelry, skin care and to fund her legal battle against her ex-boyfriend, kurt busch. a fortune 100 company banning employees from playing fantasy football. they are putting this locker on yahoo sports fantasy site since it is considered to be gambling. one worker says it is not clear if the company will remove the blocker. time for the good, the bad and the ugly.

fox news crushing competition is most watched cable news network for 71 straight course, "fox and friends" operates the streak is the most-watched cable news show. are channel finished at the most-watched networking cable for the 39th straight month. the bad. a woman, and camera climbing into a light exhibit at the bronx zoo and taunting the animal, dancing and waving at the lie and as he walks closer to her. no one called 911. fox news said the woman could have been killed. the ugly. there is a mouse in the white house, the rodent running in the briefing room after falling into a reporter's lap, after an extensive and exhaustive hunt by the press corps. i believe all the jokes are up to you. that wraps up this hour of "fox and friends first," thanks for joining us. "fox and friends first" continues right now, goodbye.

rob: it is wednesday, october 2nd, fox news alert, breaking overnight, north korea blamed for a ballistic missile fired dangerously close to japan. jillian: one day after the regime agreed to resume nuclear talks with the white house we can north korea be trusted? >> have to be substantively neutral and appear to be neutral when you are attorney general of the united states and i fear he crossed a political line. jillian: a cryptic word of caution from the head of obama's justice department as attorney general william barr peeled back later to the russia probe. rob: democrats quick to deflect by sweeping the secretary of state into their impeachment net. we have more on all of this in washington. amazing moment for the st. louis super fan. jillian: stanley cup winners thanking their so-called good luck charm. "fox and friends first" continues right now.