happening right now at 4:00 a.m. here on the east coast, a fox news alert for you. an accused killer captured overnight in the deadly kansas city bar shooting. now an urgent hunt ramping up for the second gunman impeachment impact, the white house could be hours an way from demanding an official impeachment inquiry and senate republicans are preparing for a fight. >> it reminds me of kavanaugh all over again. it's imperative that the whistleblower be interviewed in public. heather: will a vote happen or will the president call nancy

pelosi's bluff. we're live in washington. and the national hero who helped kick off our national past time, "fox & friends" first starts right now. ♪ ♪ you take it on the run, baby. ♪ if that's the way you want it, baby. ♪ then i don't want you around. ♪ i don't believe it. ♪ not for a minute. ♪ you're under the gun. heather: good morning to you. hopefully everybody had a great weekend out there. we certainly always hope for there. we always hope you join us right here every monday morning for "fox & friends first." i'm heather childress. thank you for beginning your week with us. we begin with this. no vote means no cooperation. the white house expected to send that message to house democrat as the party demands president

trump comply with their impeachment inquiry. allison barber joins us live from washington. and allison, a second whistleblower is coming forward, is that right? >> reporter: yeah, that's right, a second whistleblower is represented by the exact same attorneys representing the first whistleblower and they say their client made a protected disclosure under the law and cannot be retaliated against. they say whistleblower number twos has firsthand knowledge of theal flee gathe allegations thd the impeachment inquiry. the second whistleblower has spoken to the inspector general. stephanie grisham says it doesn't matter how many people decide to call themselves whistleblower about the same telephone call, it doesn't change the fact that the president has done nothing wrong. the impeachment inquiry reached the white house friday evening when three democratic committee chairman subpoenaed for documents related to common cases between president trump and the president of ukraine.

the chairman says the president forced their hand after ignoring repeated requests for documents, which began with a letter in early september. the white house is expected to send a letter to house speaker nancy pelosi this week, telling her the white house will not hand over any documents until a full house vote is held on the impeachment inquiry. sources tell fox news the letter could be sent sometime today. democrats say a vote is not necessary to conduct the investigation and that demand like that is outside of modern precedent. he heather. heather: allison barber live for us this morning. thank you so much. as allison was discussing, major questions surround how much contact adam schiff's office had with the whistleblower. congressman john ratcliffe, a member of the house judiciary committee, says that schiff should not be leading the investigation. he should be testifying. >> washington post of all newspapers had to give adam schiff four b pinocchios when he

said they did not have direct contact with the r with the whi. the president they're trying to remove from the office based on this impeachment deserves to know what kind of contact there was between adam schiff and his team and the whistleblower and a we shouldn't have to take adam schiff's word for it with a word shift press release or tweet that there's not much or we don't need to look at that. he needs to be put under oath, needs to answer the questions. that's the reason he should not be allowed to run the investigation where he and his team are central fact witnesses. heather: the president and house republicans have called for schiff to be sensorred or -- censored or resign from the committee. a fox news alert for you now, breaking overnight, the man connected to a deadly shooting at kansas city bar is under arrest while the search for a second suspect is heating up.

asiaisha hutness ney joins us n. >> reporter: a massive manhunt is under way for one of the suspects accused of killing men in a kansas city bar. one suspect is behind bars this morning. the other man is still a wanted man. both men face four charges of first degree murder. >> we have heard that possibly these suspects were in the bar earlier, maybe some kind of physical altercation or just verbal. >> reporter: jose valdez was bar tending at the bar. he said one of the suspects caused trouble in the bar before, so he refused to serve him. >> we never served him. he took a cup and threw it at me. >> reporter: hours later the suspects returned and began

shooting. overnight, dozens gathered for candlelight vigils in the victim's honor. tina stapleton said she left the bar one hour before the shooting. >> i just count believe it. you know. i was talking to everyone. everybody looked happy, everybody's happy of last night. >> reporter: and police say all four men killed were hispanic but they don't believe this incident was racially motivated. one man is being held in the kansas city jail on $1 million bond. heather. heather: welcome back. thank you. while you were sleeping, the u.s. starts pulling troops from turkey's border in syria. the white house says it's clearing the way for turkish troops to invade. president trump making a deal with his tucker i counter-- turkish counter part, giving the country control over captured isis fighters.

the deal was slammed on twitter, leading it could lead to the return of isis. and some new questions after a key witness in the amber gugger murder trial is shot and killed. they say joshua brown's death was an assassination. he was shot several times days after a jury convicted the ex-dallas cop of murdering brown's neighbor. brown testified about the 2018 shooting. a career criminal charged with the murder of an nypd detective is taking no responsibility. christopher ransom tells the new york post that officers are to blame in the friendly fire shooting. detective brian simonson was hit by an officer during a february shootout with ransom. police fired 42 rounds in the span of just one minute. after ransom showed this fake

handgun. he has pleaded not guilty and calls it a prank gone wrong. well, a fox business alert for you now. a deal to end the nationwide auto workers strike is rejected. union leaders say talks have taken a tush fo a turn for the d general motors' latest offer was just too similar to one they already rejected, apparently. the strike noweners the fourth -- enters the fourth week as workers demand better pay and better benefits. gm is losing more than $80 million a day, it's been forced to shut down several plants in canada and mexico for parts shortages. now to some sunday night football. the packers beat the co cowboys 34-24 thanks to four rushing touchdowns from aaron jones and the colts' defense shuts down did chiefs, 19-13. handing them their first loss of the season. and the steelers fall to 1-4

after a brutal overtime loss to the ravens. >> the snap, and the kick is good. ravens win. heather: and baltimore wins, 26-23. but the bigger concern for pittsburgh, ravens safety earl thomas hitting the quarterback and knocking him out cold. he was rushed to the hospital with a concussion. in north carolina, christian mccaffery slipping over the defense for a touchdown, panthers win, 34-27. remarkable 27 remarkablejob by k again. the left going wild for a second whistleblower comes forward on president trump and ukraine. our next guest worked for the department of defense and says who cares. why he's more interested in answers from democrats plus, she

had no id and no boarding pass. how did she end up on a delta flight. the fbi wants to know as well, the investigation into that major security breach, coming up. ♪ learning to fly. but i ain't got wings. ♪ coming down is the hardest thing. ♪

heather: welcome back. a second whistleblower surfacing in connection with the president's phone call with ukraine. but this one apparently has more, quote, firsthand knowledge of what was said. but what's more direct than the transcripts that we already have. we've already seen and we've read them ourselves. here to help answer that question is former department of defense counter chair pro prosecutor, owe mkudroro. what about it, the second whistleblower.

let's bring up the white house's response and then i'll get yours. the white house says it doesn't matter how many people decide to call themselves whistleblowers about the same telephone call, doesn't change the fact that he has none nothing wrong. we've all read the transcripts ourselves, including does it make any difference to you if we have another whistleblower? >> we'll have to wait and see what the second whistleblower might say. look, second whistleblower, tenth whistleblower, 100th, the key matter is that as you said, president trump released the transcript. here's the bottom line from the perspective of an attorney and a former prosecutor. unless this second whistleblower is going to come forward and say that he or she personally listened to this phone call and that the transcript released by the white house was falsified, then this is all hype and this is meaningless. heather: and what is the chance that that is even a possibility, because are there multiple

people that would have been involved in this transcript and the phone call? >> well, the white house situation room duty officers who are not necessarily political appointees, whose job it is to essentially sum up and capture the substance of the conversations that the president has and so, again, we're going to have to see what this second whistleblower has to say but this question -- this issue of direct knowledge i don't think really adds anything, nothing really changes. the second whistleblower, in order for anyone to really kind of want to pay attention to this, would have to come out and say that there's some fals falsg of the transcript. but that's going to be a steep hill to climb when you have professionals that work in the situation room capturing this day in and day out, across the decades. heather: let's talk about the response from president trump us because of courses had several. this is something he tweeted out

overnight in reference to nancy pelosi and adam schiff. he said nancy pelosi knew all of the many shifty adam schiff lies and massive frauds perpetrated upon congress and the american people in the form of fraudulent speech, knowingly delivered as a ruthless con in the illegal meetings with the highly partisan whistleblower and lawyers. so i'll get you to respond to that one. and then he continues and says, this makes nervous nancy every bit as guilty as little adam schiff for high crimes and missemisdemeanors and even treai guess it must mean that they must be immediately impeached. a couple things to get to there. one, what he referred to as a fraudulent speech by adam schiff and two, whether or not they are guilty of high crimes and misdemeanors. >> okay. so, look, as a former counter-terrorism official myself, it find it unfortunate that we have a chairman of the

house intelligence committee that lied to the american public about having direct communication with the whistleblower in his office, giving some sort of a bizarre fake transcript reading of the call and misleading the american people intentionally. it's a really unfortunate day that this is someone who is charged with the responsibility of oversight over the intelligence community and i don't know what we expect from people in the intelligence community when this is supposed to be the individual who is overseeing them. but this is -- let's not lose sight of what this is all about. this is about impeachment. we've been talking about impeachment for years. so as an american citizen myself, as an attorney, as a former national security official, i'm calling on the democrats, bring the articles of impeachment. lay it out for the american people. and let the people have a vote through their representatives but they won't do that because the fact of the matter is, we know in the constitution it takes two-thirds of the senate

to convict a president along the lines of impeachment and democrats know there is not going to be an impeachment of president trump along these lines and so this is designed in the interest of the democratic party to drag out the so-called impeachment inquiry all the way to november of next year and just try to milk this as much as possible to take control of this narrative and this is about turning the tide of an election. democrats know that they're not going to get an impeachment we will see how people respond at the polls for sure. omar, thank you so much for joining us. we appreciate your insight. >> thank you so much. heather: the time now is 18 minutes after the top of the hour and a brand-new poll shows that it's a dead heat in wisconsin for the 2020 democratic nomination, speaking of the democrats. and our next guest is a pollster, he'll explain why this one is really bad for joe biden. ♪ we love to work at nothing all

day. ♪ and we've been taking care of business every day. ♪ i remember setting up shipstation. one or two clicks and everything was up and running. i was printing out labels and saving money. shipstation saves us so much time. it makes it really easy and seamless. pick an order, print everything you need, slap the label onto the box, and it's ready to go. our costs for shipping were cut in half. just like that. shipstation. the #1 choice of online sellers. go to shipstation.com/tv and get 2 months free.

[male narrator] this is a nursery. a home. a soft place to land. this is a super highway . a sunday morning. this is quality time. and a family tradition. ♪ wetlands keep flood waters at bay, improve water quality and serve as rest stops for the continental journey migrating birds make each year. ♪ this is where you play. so this is where we work. ♪

that could allow hackers devices into your home.ys and like all doors, they're safer when locked. that's why you need xfinity xfi. with the xfi gateway, devices connected to your homes wifi are protected. which helps keep people outside from accessing your passwords, credit cards and cameras. and people inside from accidentally visiting sites that aren't secure.

and if someone trys we'll let you know. xfi advanced security. if it's connected, it's protected. call, click, or visit a store today. i don't know, just -- whoa. holy [bleep] heather: a business owner hailed a hero after raising a red flag that may have saved lives in those california explosions. the man reporting an odd smell and clearing this restaurant just 40 minutes before that first blast. three giant explosions sending fire balls into the air. during an oktoberfest celebration. officials say an underground electric vault explosion is to blame. the owner, two employees and two firefighters were injured. well, a foundation that offers flights on historic military

planes cancels all flights after a deadly plane crash. seven people were killed when a world war ii aircraft crashed just minutes after takeoff in connecticut. take a look at this. it's all that's left of the vintage aircraft. the foundation says it will refund all flights booked through the end of the year. joe biden holds a commanding primary lead in south carolina. a new fox news poll shows a different story in the crucial rust belt state of wisconsin. so what does that say about where the democratic party's loyalties are? here to discuss, pollster and gop strategist, justin wallend. thank you for joining us. >> thank you for having me. heather: the south carolina democratic poll right now, we have joe biden actually up 6 points, that's a change since july of 2019, then you have elizabeth warren and bernie sanders who has dropped 4 points. and then to wisconsin, pretty different. we have joe biden at 28%,

elizabeth warren, 22% and bernie sanders at 17%. so what is your take on both of these polls? >> yeah, so south carolina really is kind of the way that the race looked at the beginning of this nomination period and wisconsin i think is the way of the future. in fact, if you look at the real clear politics average of polls, biden and warren are statistically tied. so the story here is one, bu biden's fall appears inevitable at this point. he continues to lose traction against warren and when you fall from the top that almost generates its owne own inertia. the biden camp should be very concerned. they have real problems. and the second one has of to do with warren who has done a remarkable job of distancing herself from sanders. they were neck in neck earlier. i think she deserves credit because she's been able to distill a series of messages that are fairly complex about

complex economic theory and regardless of how you feel about socialism, the american public, the american voting public is not a fan of socialism, she's been able to gain traction and bernie just sounds hackney. he sounds like the same one trick pony these days. heather: if you take a look nationally, and we can pull this up, the real clear politics national poll average right now, you have joe biden at 26.2%, elizabeth warren closing in at 24% and then what you were just referencing, differentiating herself from bernie sanders when it comes to socialism, where he's coming in at 16.8%. below her. >> yeah. the distance there is -- i don't think has to do with bernie's health in any way. i think he doesn't seem to have that fire, he doesn't seem to be really communicating with the base. she does. now it seems to be panning out into this little warfare between

the two, biden, the moderate and warren, the true progressive and warren is gaining ground quickly at the expense of bernie p. so definitely a split democratic party and as -- if warren ends up being the nominee, there's going to be real challenges in getting a majority of americans behind her. again, she's done a great job, i think, in terms of how she's messaged, but those messages are not attractive messages to the majority of americans. it's going to be an interesting play we have a strong economy right now on most counts. justin, thank you for joining us. we appreciate it. the time now, 26 minutes after the top of the hour. an, and beto calledoff on the c. >> hands off our guns. the ar-15 is no more deadly than my ruger 0.45.

heather: his response up next. and what should democrats do now. we'll debate, up next. ♪ and the last lone survivor stalks his prey that my grandfather was a federal judge in guatemala. my grandfather used his legal degree and his knowledge to help people that were voiceless in his country. that put a fire in my heart. it made me realize where i got my passion for social justice. bring your family history to life like never before. get started for free at ancestry.com

heather: welcome back. you're waifing "fox & friends first." a look at our top stories this morning. right now, police ramping up their manhunt in a deadly shooting rampage. officers in kansas arresting their first suspect overnight and they're searching for his ahalleged accomplice right now, hugo morales. they are expected of opening fire in a bar, killing four people. overnight, the u.s. starts pulling troops for turkey's border had in syria.

president trump is giving turkey control over captured isis fighters. and today the white house expected to send a letter to house democrats demanding a formal vote if they want president trump to comply with the impeachment inquiry. a senior member of the house democratic caucus tells fox news, house speaker nancy pelosi is unlikely to give in to the request. and as the white house gears up for a fight, what should we expect from democrats in the coming days. here to debate is washington times reporter alex hoyer and democrat political strategist, robert padillo. thank you for joining us. what should we expect from democrats? >> historically, i think the president and leader mccarthy and his letter last week to pelosi have good points because the past three times the house has initiated impeachment proceedings, they have held a vote on the floor, that was back with president johnson, nixon

and clinton. the other part i think is interesting is that usually it has been, especially with nixon and clinton, the judiciary committee that's had jurisdiction over the impeachment inquiry. now we have it not in the judiciary committee but under the intelligence committee which is unusual precedent in and of itself. heather: robert, i want to take a look at this and get your response. in terms of the support, the alleged support so far in the house, we know that 227 democrats have said that they are in support of impeachment. they they only need 217. but heres' the thing. 31 of those house seats are at risk for losing for democrats in 2020. so is this the road that they should be going down? >> well, i think what speaker pelosi is doing right now is ensuring that the american people are fully informed in the decision to impeach. what the white house wants them to do is jump the gun, to have a vote before all the informationt

testimony on the record, make sure the american people are kept up-to-date with why we are impeaching, what's the purpose of the inquiry and then we'll have a vote. the whites house is trying force the vote immediately without the american people having the information. heather: how much more information do you want? we have the transcript of the phone call. >> there's a second whistleblower. we don't know what other individuals will come forward in the future. we don't know what else is on pr and what other calls were available. let's get all a of the information out. i think the white house believes they've done nothing wrong, had they should completely comply and we can all come together and decide whether or not a vote is needed. heather: i want your response, alex. listen to what linde di graham has to -- lindsey graham has to say. >> pelosi is opening up an inquiry by herself. every democratic needs to be on the record, is the transcript

enough to impeach president trump. there can be no valid inquiry unless democrats vote. heather: this would be an impeachment inquiry vote, not a vote for impeachment, where it would have to go to the senate where two-thirds would have to be in favor. what's your final response. >> in terms of the polling and what democrats are wanting to do, whether pelosi has the votes or not, i think we need to learn from the mueller -- the whole saga over the mueller report, what we learned there is as long as it stays in the news and the more that comes out, the support for impeachment looking back dwindled away. and i'm wondering if we're not going to have -- unless there's a bombshell that comes out from the second whistleblower that's allegedly coming forward, if we're not going to see the same thing happen here. heather: and robert, final word. >> the difference between the current situation and the mueller situation is we have the president confessing to everything that he's accused of in the transcript.

he then doubled down on it, coming out on -- to the committn additional federal crime of violation of 52usc803o1. the idea that this will peter away is not realistic. i think we'll have hearings, the american people will understand this better and we'll have a formal vote. heather: thank you both for joining us. we appreciate it. >> thank you. >> thank you. heather: well, other news that we're following for you, a woman calls out beto o'rourke for his gun policies. watch this tense moment at a phoenix town hall. >> hands off our guns, beto, you're not getting our guns. the. a r-15 is no more deadly than my ruger .45. i'm makin making statement. heather: the woman criticizing the proposal for a gun buyback proposal. and he challenged his stance on immigration. >> everybody's welcome here, you all get free stuff and just

come on over the border, it's, again, a slap in the face to every legal immigrant. >> if immigration is a problem, it is the best possible problem this country could have. those immigrants pose no threat to you, nor to me. heather: o'rourke called for reforms to the legal immigration process. he does not support decriminalizing border crossings. and a tough moment for senator elizabeth warren. the 2020 hopeful caught giving conflicting statements about why she left a teaching job after college. >> by the end of the first full year, i was quite visibly pregnant. i was visibly pregnant. and the principal did what principals did in those days, wished me luck and hired someone else for the job. heather: warren telling supporters on the campaign trail that she was fired for being pregnant but during an interview

in 2007, she said that it was her choice to leave. >> i actually didn't have the courses, i was on an emergency certificate and i went back to graduate school and took a couple courses in education and i don't think this is going to work out for me. heather: warren's campaign did not immediately respond to fox news' request for a comment. and former president jimmy carter speaks at a habitat for humanity event just hours after a nasty fall at a home. >> i had 14 stitches in my forehead and -- i had a number one priority and that was to come to nashville to build houses. heather: earlier this year, carter needed surgery after falling and breaking his hip. at 95, he's the old ofes oldestn president in history. good for him.

to some playoff baseball right now. the braves one win away from their first nlcs since 2001. >> martinez deals and that one's driven into center field. he can't get it. one run is in, ortega, here comes clawson, he two-run singln the ninth inning seals the 3-1 win over the cardinals. a 7 run sixth inning sparked the dodgers by the way, 10-4 win over the nationals. both game fours are tonight. and then the as troughs and yankees -- astros and yankees can advance to the alcs tonight. houston play t's rays at fox sports one.w york faces the the time now is 20 minutes until the top of the hour. she had no id, no boarding pass, how did she end up on a delta

flight? the investigation into that major security breach up next. and incredible moment on the baseball field with an american hero. ♪

colbert: hi! i'm smokey colbear. filling in 'cause for 75 years, smokey only said... smokey bear: only you can prevent wildfires. colbert: meanwhile, the song was wrong... we did start the fire. go to smokeybear.com to learn more about wildfire prevention. ♪seeming like we all been running, running♪ ♪feeling like the wild west, gunning, gunning♪ ♪listen to our elders shunning, shunning♪ ♪all we see is faces, color, color♪ ♪all the other races, other, other♪ ♪why can't you just be my brother, brother?♪ ♪we don't have to kill one another, kill one another♪ ♪all around the world, we are one, we are one♪ ♪all around the world, we are one♪ ♪so where did we all go wrong?♪ ♪woo

♪where did we all, where did we all go wrong?♪ ♪love, love, love, love ♪love, love, love ♪(love is our only hope) ♪love, love, love ♪where did we all? heather: more questions than answers after a woman gets on a delta flight with no ticket, no identification, no boarding pass. todd piro joins us line as the tsa tries to figure out what led to a series of security lapses, i guess you could call it that. >> reporter: how did this happen? that's a question so many are wondering this morning and which delta and the tsa are trying to get to the bottom of. another passenger went to her assigned seat but the woman in question was in it and reportedly told the other passenger i'm not moving. a flight attendant was called over and noticed the woman wasn't on the manifest. when asked for her boarding pass, the woman said she threw

it away. when asked for her id, the woman reportedly showed the pilot a photo of herself on the phone. that doesn't work. that's not a government issued id. she said it was just as good. a that didn't work. effort to remove her were unsuccessful until police were called. at that point the woman left the plane cursing. one passenger described the scene. >> the orlando police were waiting for us, tsa was there, and they did a full inspection of the plane with multiple k-9 dogs. >> delta releasing the following in port, delta is working with law enforcement and the tsa on their investigation and we are conducting our own review of this as well. it's clear that something went really wrong. >> it could have been another person who would have been a real threat to the security, tsa, delta, these are the two major factors, somebody failed

huge in doing their job. >> the fbi has been notified after all passengers were re-screened, flight 1516 eventually made it from orlando to atlanta, several hours after it was supposed to. heather: that's the thing, if you're sitting on the plane, it's several hours. >> how did that happen. heather: it's not just one person, she had to go through several different people. let us know what they find out about that. thank you, todd. the black market complicating the effort to fight america's vaping crisis. tracee carrasco is here with how our health officials plan to combat the growing problem th. >> no single product or ingredient has been linked to i'lall of the vaping illnesses. more than 1,000 people have been sickened, 19 people have died. but really what's making this really difficult to try and figure out where the problem is,

is as you said, all of these products coming off the black market and people buying them from unauthorized sources, places like their friends or off the street or the internet. that's making it difficult. another thing complicating the process is that some of these cartridges a laced with thc. the fda says it's trying to find the source, trying to track down the issue and they're going through every avenue that they can to try and figure out this problem and how it started. heather: no doubt, not just one source they're going to have to track down, for sure. so let's talk about this. completely different note. the mcrib is back today. i didn't know it went ayo away e 'it comes and goes. the mcrib is back, about 10,000 locations across the country, usually it's just for a limited time like about a month or so. if you're a fan of the sandwich, you might want to get it while

you can. to help you track down the sandwich, there's the website, and you put in your zip code and it shows you the closest locations to a mcdonald's selling the mcrib sandwich. i looked it up. there's four in the area in new jersey. heather: no black market needed for the mcrib. thanks so much, tracee. it's 15 minutes until the top of the hour. the supreme court back in session today with daca, gun control and religious liberty topping the agenda. our next guest says brace yourself for an onslaught of left wing attacks. ♪ i needed money because i had none. ♪ i fought the law the final horn doesn't have to mean the end of the action.

because with nhl center ice on xfinity you get up to 40 out-of-market games per week. and with the all-new xfinity sports zone, you get everything nhl all in one place, even notifications about your favorite teams. watch every barn burner, barreling check, and all the top shelf action. plus get instant access to your teams with the power of your voice. that's simple, easy, awesome. say nhl center ice into your voice remote to check out a free preview. don't miss out.

heather: welcome back to "fox & friends first." in hours, the supreme court will be back in session. this next term will see its share of landmark cases that will see critical decision on gun rights, religious liberty and immigration. here to break down what to expect and why each case is so important is gil trauder from the judicial crisis network. before we get into the specific cases, i know one of the main issues that you think the court should be concerned bast is its own -- about is its own independence. explain that for us. >> we're seeing unprecedented attacks on the independence of the judiciary, starting with the presidential cam dates who -- candidates who are pushing court packing plans. we see sense senators who arguee court should be restructured if

the court doesn't find decisions in accordance with what senator whitehouse would like. the new york times had to correct reporting they had done. you are seeing how critical this term is going to be, which starts today, top legal questions that the entire nation is watching. heather: let's talk about the specific cases now. we can begin with gun laws and gun rights, a specific case they're dealing with. >> this is the of most importanimportant case about gus and the second amendment since 2008, the dc versus heller case which established you have a right for a handgun. the case before the court is whether or not you have the right to transport a gun from your home to somewhere outside new york city. heather: this case involving

religious freedom. explain what's at stake. >> the blaine amendments were passed in the 19th century to make sure that catholic schools were not entitled to federal funding. now we're seeing a pushback on this because of religious liberty concerns and this is something that will have a lot of implications in the first amendment space we consolidated three different cases having to do with immigration and dacas specifically. explain to us what is at stake here. >> this is a separations of power issue on these three cases which have been consolidated because they all have the same question presented, which is essentially whether or not president obama, who had this daca executive order, which the trump administration ended up finding was unlawful and the trump administration reversed this by executive order, whether or not the court can intervene in this case when essentially what's happening is the trump administration is trying to do by the same measure what the

obama administration did but was unlawful. heather: what do you expect will be the outcome? >> i think that the supreme court will rule in favor of the trump administration, as they have on many many similar cases like this, like the visa security program that we saw the supreme court rule in favor of the trump administration previously and i suspect we will see a similar ruling in this case as well. heather: gail trotter joining us live to break it down for us. we appreciate it. >> great to be with you. heatherhave.heather: no uniforo problem, how police officers in minneapolis who are banned from wearing their uniform at political events are getting creative. and big ben fined thousands of dollars for a game he didn't even play in. ♪ i always feel like somebody's watching me. ♪ and i have no privacy. ♪ i always feel like somebody's

watching me. ♪

♪ heather: good morning. a live shot of the washington monument there in our nation's capital. always a beautiful shot, a great way to begin your day. land of the free and the brave.

basketball backlash over the protests in hong kong. a completely different situation there. the nba distancing itself from a houston rockets executive who tweeted a message supporting the demonstrator as several lawmakers accusing the league of shamefully retreating in the face of criticism from china. senator ted cruz tweeting, human rights shouldn't be for sale in the nba, shouldn't be assisting chinese communist censorship. well, ahead of president trump's rally in minneapolis this week, the police union is rolling out cops for trump t-shirts, the patriotic clothes created after the mayor announced a new policy banning officers from wearing uniforms at political events. the lieutenant sounded off about the snub on "fox & friends first" last month. >> my members are outraged. a lot of them want to be there, have an opportunity to meet him. he's shown he's a pro-law

enforcement president. heather: the police department has denied that the ban is politically motivated. and now it is time for the good, the bad and the ugly, up first is the good. an american hero throws a perfect first pitch at the dodgers national playoff game. watch this. >> [ cheering and applause ] heather: and that is army staff sergeant david belevia, the only living iraq veteran to receive the medal of honor after he bravely saved his fellow soldiers. good for him. now the bad. no good deed goes unpunished, especially if you're a drug traffickers. smugglers rescuing police officers in spain after their boats collided during a high speed chase. instead of a thank you, the four men were arrested. finally, the ugly, ben

roethlisberger fined for a uniform violation for a game he didn't play in. the injured quarterback punished for wearing an apple watch on the sidelines. espn says he's upset and plans to appeal. thanks for joining us on this monday. "fox & friends" continues now. bye-bye. rob: its is monday, october 7th. this is a fox news alert. one of the suspected gunman behind a kansas city bar rampage is now in custody as the search for a second t shooter ramps up. jillian: what we learned about a possible motive for the attack that left four people dead. plus, the democrats' impeachment push is getting support from a second whistleblower. rob: the white house says the timing is pretty convenient, accusing democrats of moving the goal post and the president says he's not going to play nice until the dems back up a all of their talk with action.

oh,