we had that hot air balloon story on. have you ever been up in one? >> yes. >> you have? >> i was much younger. >> i was in one that was tethered. rob: you feel quite vulnerable actually. it's scary stuff. jillian: bye. rob: we will see you later. ♪ ♪ ♪ ♪ steve: we have country star brantley giggle better here today. that's why the downstairs is off limits. set up for the band so the whole downstairs -- there he is right there. you love this guy. is he going to be coming up. fire and brimstone. ainsley: i love that name brantsly. pete: i was hoping they would play that off the top

of the show. super star music set downstairs. ainsley: setting up all morning. we are excited. steve: pete hegseth is in today for brian kilmeade. pete: thank you for having me. great to be here. ainsley: rachel campos-duffy is going to be on with us today she had her bear. beautiful baby. we are going to talk with her. pete: a u.su.n. ambassador to te eu will be behind bars. ainsley: comes as democrats work to keep the whistleblower's identity a secret. steve: griff jenkins joins us live from washington, d.c. with more. what we learned about what the whistleblower griff did right after learning about the call between president trump and the president of ukraine. it sounds like the guy got -- the person got out a note pad and wrote a memo. griff: yeah, exactly. fox news has confirmed the day after the president's july 25th call with

ukrainian's president the first whistleblower wrote a call. describing the call to which they did not have first hand knowledge as quoted crazy, frightening and completely lacking in substance related to national security. now democrats are trying to protect the whistleblower's identity according to the "the washington post." including testifying from a remote location and concealing their voice and appearance. this as the u.s. ambassador to the eu gordon sondland goes behind closed doors this morning. lawmakers want to dig deeper will text messages. sons land is pushing back against allegations of a quid pro quo. someone responded pushing back saying the president has been crystal clear no quid pro quos of any kind. meanwhile, democrats widening the scope of the impeachment inquiry subpoenaing the secretary of defense and acting director of the omb. the president is continuing to rail against it? >> impeachment inquire i have a scam. the mistake they made, the

opponents, the opposition, the democrats, the radical left, they came out with a whistleblower report before they saw the conversation. had they waited one day, nancy pelosi wouldn't have made a fool out of herself. >> and if all of that wasn't enough, expect to hear more about that second whistleblower coming forward. this one claiming direct knowledge of the president's dealings with ukraine. we will see what divopsz on that front. steve: that's right. griff, the reason the democrats are trying so hard to protect the whistleblower's identity they think that the republicans are going to leak the identity to the press. >> correct. they are trying to protect whistleblowers which is a traditional role of congress; however, we do have, as we learned on sunday that at least on the senate side, chairman lindsey graham of the judiciary committee may want to call the whistleblower coming forward because at the end of the day, you are talking about impeaching a president based on a conversation the american people will not fully be able to see.

so, this is really in unchild supported territory if you will. steve: it is indeed. griff, thank you very much. ainsley: a lot of this is so secretive. by i don't knobyron york wrote e about the two hearings that already happened how secretive they were. two more happening here. then the whistleblower's identity is secret. just making people question what's going on here and who are these individuals? what are they saying? pete: exactly. because they have not held a vote to establish formal impeachment proceedings. ainsley: they probably won't. pete: somebody recalling has to step back and remember this is happening in the intelligence committee not judiciary. private closed door setting moving fast. using these terms i know we have to use it official term. call it a whistleblower. this guy is a partisan leaker. steve: they want whistleblower protection. pete: that's what they tell us, everybody. a and i get it. to me it's not a whistleblower. somebody who wants to take down the president. found a legal means to do

so. ainsley: republicans' hands tied. lindsey graham says he wants to subpoena the whistleblower. are his hands tied? pete: it was a smart move and learn later on in the program there is a law firm throughout putting the word out to ask people to please whistleblower to us. we will give you a discount. ainsley: offer discounts to those who come forward against the president because they are so desperate. steve: do you know what's interesting as they try to protect the identity of the whistleblower -- whistleblowers although only one has filed the official complaint is apparently they are talking about putting them at a remote location so they're away from congress. they might even be appearing behind a curtain with their voice obscured. ainsley: and their appearance obscured. steve: and the members of congress them selves may not actually ask the question. they might only have the staff do it. so, you really wonder what exactly is the end game for the democrats? jay sekulow, the president's attorney, had this observation with sean last

night. >> they are not talking now talg about a second whistleblower. my statement on that is so what? we have already released a transcript. is it ely relevant what some other person or may or may not have heard the conversation thought about it? the transcript is released. it's out there in the public. they couldn't get russia. they couldn't get obstruction. then it was quid pro quo with ukraine. then there was a transcript that showed no quid pro quo. then it was a cover-up. except there was no cover-up because the transcript was released. then it was the whistleblower. and then what the did whistleblower do? the whistleblower said no first hand knowledge for most of it and didn't bother to tell the inspector general that the individual was in conversations with adam schiff. pete: to his point by the way we are blowing a whistle on a conversation on a transcript we have seen. what are we blowing the whistle on at this point? steve: because everybody has seen the story. pete: exactly. steve: we do know that the state department said we are not going to supply with the

subpoena that came from the democrats in congress. and yesterday rudy giuliani's attorney said we're not playing ball with you guys right now. this is called presidential harassment. pete: republicans don't have subpoena power as well. they are ignoring the real process and doing it through committee without an actual proceeding that republicans have no power. that's intentional. ainsley: there is a few democratic house members that are now asking for, his name is gordon sons land, the sondland. his motive was not no quid pro quo. so now they are saying they want him to resign. they didn't like what he was saying. steve: of course. keep in mind, a number of the democrats are calling for the president's impeachment because on the phone call at one point he says will you do us a favor? will you do us a favor? because that sounds like quid pro quo. although you read it and you don't really see what you are talking about there. last night tucker had a bit of a transcript. they went back and they looked at some of the

official conversations that former presidents, including bill clinton had with tony blair. and do you know what? he asked him in no uncertain terms whether or not you could do us a favor. pete: go ahead. ainsley: he says in a political season, this is bill clinton. in a political seasonal it would be big over here to get this open sore resolved. if you could have somebody take a look at it, and then tony blair says sure, i will. i will have a look. steve: he was helping for help in a dispute between british airways and two carriers; the transcripts you can see former secretary of transportation during the clinton years. ainsley: al gore at the time, the vice president was running against george bush. steve: it's political season. pete: political seasonal, would you help us out? steve: dues a favor. pete: special relationship with the u.k. just as we learned through this process we have a long-term relationship with

the ukraine as well, sharing information. looking into corruption. so, it's convenient that now this is way across the line whereas her husband, well, he could ask for those favors. steve: well, no, you know, the -- this particular sound bite we are about to play for you was a couple of days ago, before we found this particular transcripts. it's interesting, listen to what hillary clinton says about asking foreign governments for help and think about okay, was she talking about trump? yes. but does it apply to her husband when he was president? you be the judge. >> when you have a president calling on foreign adversaries for assistance in his political campaign, which he did in 2016, and which he is doing again, that goes right to the heart of our sovereignty as a nation, to our national security, in a way that is

almost unimaginable. i cannot imagine any other president ever even thinking about this. so, here we are and the evidence only becomes more compelling. steve: so there she was talking about donald trump and supposedly it sounds like she is alluding to asking the russians for help with his campaign. the particular sound -- or russia the transcripts we showed you was from, i believe, february of 2000. a number of months before the 2000 elections. pete: i cannot imagine any other president ever even thinking about this. steve: you be the judge. pete: you said it best. ainsley: jillian has headlines for us. jillian: let's begin with this fox news alert. commissioner speaking for the first time after chinese state media suspended its broadcast of nba preseason games. adam silver speaking in

japan defending rockets gm tweeting support for protesters in hong kong. >> the long-held values of the nba are to support freedom of expression. and certainly freedom of expression by members of the nba communities. and in this case darryl more ray as the general manager of the houston rockets enjoys that right as one of our employees. jillian: silver hopes to meet with chinese officials tomorrow. his tweet has been deleted. president trump defending his decision to withdraw u.s. troops from syria. >> syria was supposed to be a short-term hit. just a very short-term hit. and we were supposed to be in and out. that was many, many years ago. i want to bring our troops back home. and i got elected on that. jillian: the president tweeting a warning say going turkey does anything off limits, he will destroy and obliterate its economy. the i president is facing

backlash from leaders on both sides of the aisle for the withdraw. two major change pulling ecigarettes from store shelves. kroger's and walgreen's no longer sell the devises. comes as two school districts sue jl. juul. drained resources by marketing to teenagers. a massachusetts woman is thought 22nd person to die from vaping related illness in the u.s. will will san francisco 49ers improve to 4-0 with a big win on monday night football. >> wide coming off that right tackle to the end zone and that is a touchdown. and it's freed again. >> leading the 49ers 41-3 win over the cleveland browns. san francisco now only one of two teams in the nfl with a perfect record. before the game 49ers defense tackle d.j. jones picked up a win when he

proposed to his girlfriend on the sidelines. guess what? she said yes. so congrats. steve: looks like family members. >> and wearing the team colors. >> i hope. so. >> even the girlfriend was. jillian: i hope so. pete: accidentally wore browns colors. ainsley: ellen degeneres and former president bush at the cowboys game. the twitter mob was not happy and this morning ellen is responding. you are going to love this. pete: minneapolis police banned from wearing their uniforms at president trump's rally later this week. they made cops for trump shirts instead. the police union president on that and more joins us next. ♪ like the ceiling can't hold us ♪ go back ♪ this is a moment ♪ tonight is a night ♪ we will fight until its over ♪ put our hands up ♪ like the ceiling can't hold us ♪ (dramatic orchestra)

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a peaceful night sleep without only imagine... frequent heartburn waking him up. now that dream is a reality. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn? pete: welcome back. as president trump gears up for a rally in minneapolis this thursday. the police department there announced a new policy banning -- actually the mayor's office announced it. they ban officers from wearing their uniforms at political events. some officers now are pushing back selling these coming for trump t-shirts. all proceeds going to police union charity. the president of that union lieutenant bob krol joins us this morning. you are wearing the shirt that these police officers can wear.

the idea is the mayor there, liberal mayor hates trump, has said -- they changed the policy 12 hours after the speech was announced. officers can no longer wear their formal uniforms. you are saying don't wear your uniform then. you can wear this shirt instead? >> that's right, pete. in compliance with policy. we don't want any issues. we thought we will turn the place into a sea of red with these shirts we designed. they are available and we can't keep them on the shelves. they have been selling out as fast as they come in. pete: they are selling out. you know your police force. you know the guys and gals wearing blue in minneapolis. you believe there is a lot of support for this president. and in the past the police department there has had to stand behind, say, president barack obama or president bill clinton in this case they weren't given that option with president trump? >> they have. ironically they were ordered to be behind those presidents and we got calls at the federation asking if they could be forced to do it. commands staffers behind. advanced in the ranks. now we are here and officers want to be there in uniform and they are not allow you

had to be. beyond law enforcement, we have just got a big ground swell of support behind the president and the police. so we are going to have a lot of people wearing these shirts. pete: we just saw a video of barack obama standing in minneapolis with police standing behind him. you are saying in previous administrations law enforcement was compelled or told to stand behind the president because it is the commander-in-chief. in this case, they are being told they cannot. and, you know, why is it that your police force feels like president trump is someone they want to support so much? >> well, you know, you compare the administrations, the obama administration, the 21st century policing, implicit bias training and investigations they initiated against officers, all of which are unfounded, it's the exact opposite under the trump administration. law enforcement nationwide has enjoyed his support of seeing this administration starting at the department of justice. the list goes on and on. and local politics here,

it's very left and the mayor reacted very hostile to the president's announcement that he was coming. so this is our way to show our support without income violation of the new policy they created. pete: bob, briefly, the mayor has now -- it's late-breaking last night. trying to pals the cost of security, this events, offer to the trump campaign in the hopes that they will cancel the event. does that surprise you? >> not one bit. we are very concerned about the safety. although our officers are going to be very village lengths out there. in past they have had mutual aid come in for these things. they are almost trying to antagonize the president and bully him not into coming. and it's unfair treatment. they have not charged nearly that much by events held by other people. steve: lieutenant bob kroll. thank you for your time. we will be looking for those red shirts. mpd federation.com? >> that's right.

they're available online this morning, pete. pete: thank you so much. we look forward to the event on thursday. >> thank you for having me. pete: another story. first it was ice. now comrade cortez wants to abolish prison. elizabeth warren wants to remake capitalism. andy puzder knows what it's like to run business. is he on board? he will join us live ♪ ♪ i wanted more that's why i've got the power of 1 2 3 medicines with trelegy. the only fda-approved 3-in-1 copd treatment. ♪ trelegy. the power of 1-2-3. ♪ trelegy 1-2-3 trelegy. with trelegy and the power of 1 2 3, i'm breathing better. trelegy works 3 ways to open airways, keep them open and reduce inflammation for 24 hours of better breathing. trelegy won't replace a rescue inhaler for sudden breathing problems.

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see how much you can save what are you doing back there, junior? since we're obviously lost, i'm rescheduling my xfinity customer service appointment. ah, relax. i got this. which gps are you using anyway? a little something called instinct. been using it for years. yeah, that's what i'm afraid of. he knows exactly where we're going. my whole body is a compass. oh boy... the my account app makes today's xfinity customer service simple, easy, awesome. not my thing. ainsley: we have quick headlines for you. alexandria ocasio-cortez defending her call to close prisons. the democrats tweeting about prison, an abolition and telling her followers about a woman thrown into rikers

as a teenager claiming she drank out of toilets. alexandria ocasio-cortez says that she is suggesting alternatives like rehab and a convicted murder derer is released from prison after getting support from kim kardashian west. i'm grateful and i won't let them down. >> man spent 23 years behind bars for killing a man when he was 16 years old. his life sentence was supposed to be two months after kardashian west sent a letter to a judge advocating for his release. steve, down to you. steve: all right, ainsley, thank you. she is still in the running for president. but elizabeth warren is already acting like she is the president. the 2020 hopeful wrote a letter to the ceo of jp morgan demanding he and other business leaders support her agenda to remake american capital i in this

she writes quote i expect that you will endorse and wholeheartedly support the reforms laid out in her accountable capitalism act. joining us right now is an accountable capitalist. former ceo of cke restaurants and the author of "the capitalist come back" good morning to you. >> good morning, steve. steve: i have a feeling her view of capitalism is different than yours. >> i don't know what view she claims she is capitalist to the core. i think she is more native american than capitalist. this letter is ridiculous. she writes it like she is the premier of china. ordering corporations to do x or do y. she attacks corporate profit how businesses stay in business. how they make money to pay dividends. she attacks dividends which is how corporations get money not only individuals or corporate executives which seems to be her big concern but also the 401(k) plans and pension plans.

pension plans if their dividends are cut, they are not going to be able to meet their obligations to retirees. the entire letter she wrote to jamie diamond was an impairment. i hopembarrassment: i hope people read it. steve: isn't it about wealth redistribution you. >> came out with a report income and poverty report that said income inequality was down significantly in 2018. people's wages are up. there are more people working than have ever worked in the history of this country. they are making more money. they are taking home more money because of the tax cuts. income inequality is shrinking. what she wants to do. it would hurt the economy and workers and increase income inequality it. would do all of the things that she says she is opposed. to say. steve: let's go ahead and put up some of the bullet points regarding her accountable capitalism act. fringes, large corporations, anybody making more than a billion dollars a year must obtain a federal charter.

right now it's just a state charter. worker representatives make up 40% of the board that's interesting. restrict sales of company shares by. what do you make of the part where she says worker representatives must comprise 40% of the board? does she want to put corporate executives on the boards of the unions to balance things out in the idea with corporate boards are they are supposed to keep the company profitable. the workers have unions if they choose to unionize to try to negotiate with the company to keep workers' wages up. that's been working really well in this country. as i said wages are way, way up. why you would want to mess with that. there is only one reason. you want the union vote. you want union leaders to support you. you are trying to look like you actually care about what happens to workers. when in fact what you are doing would hurt the very

workers you claim you are trying to help. she doesn't get it. as a matter of fact, i'm thinking about cricketing to her campaign to be the nominee for the democratic party because i can't think of anybody that would be better for president trump than elizabeth warren. steve: andy, the message is potent, you know. the big shots with power taking shots at them trying to bring them down to earth. >> it does look like that. i think you once you get into the campaign. once people start writing opinion pieces about what she says. once she have shows like yours, like this one. talk about the policies trying to implement. once she gets on a debate stage with president trump. she will look like the truly unso he if i at this unsophisticated economically that she is. i think americans know things she is proposing would actually hurt them. some people may believe this. it's important for her to say these things in a democratic primary.

because of the democratic primary has gone so far to the left. i think she believes this stuff. it's a little scary when you think about it. steve: well, andy puzder. interesting conversation. we thank you for joining us today. >> good to be here. steve: 6:30 in new york city. so much for acting. kevin mcaleehan shouted off the stage by protesters. how dhs is responding this morning coming up. >> ability to address large scale immigration. [shouting] >> okay. thank you. i knew about the tremors.

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♪ steve why are they spoiling smiling? wait. >> why are they together? they say a picture is worth a thousand words. this has people talking on twitter.

ainsley: are they supposed to hate each other? what are you say. >> steve? >> ellen degeneres forced to defend that picture sitting next to george w. bush at the dallas cowboys football game. pete: this after social media criticized her and i would presume him for it as well. so, you know, we all know you have friends, republicans or democrats maybe you like the same football team. steve: maybe. people are going why did they wind up at the dallas cowboy game together? she was actually invited by jerry jones daughter chart. she showed up and wound up sitting next to the former president. there have been a lot of people like wait a minute, politically you don't agree and issue wise you have disagreed on a lot of things. ainsley: there was a headline in the advocate why was helen degeneres sitting with george w. bush at the cowboys game and she actually had this to say about it. listen. >> so, people were upset. they thought why is a gay hollywood liberal sitting next to a conservative republican president? didn't even notice i'm

holding the brand new iphone 11. and i'm friends with george bush. in fact, i'm friends with a lot of people who don't share the same beliefs that i have. we are all different and i think we have forgotten that's okay that we are all different. just because i don't agree with someone on everything doesn't mean i'm thought going to be friends with them. when i say be kind to one another, i don't mean only the people that think the same way you do. ainsley: good for her. pete: that is the articulation of tolerance. no way we are all going to be the same. we can respect those differences. ainsley: that's what makes america beautiful. they are both wonderful people. i like them both. i have always loved her. steve: used to be like that all the time until recently. ainsley: i know. i know. what's happened? steve: good question. what has happened because it's hard to talk about a lot of stuff going on because you might, you know, well, make somebody want to be in a safe space. ainsley: there are a lot of families that have democrats and republicans. pete: a lot has happened.

we are going to play a clip. georgetown law where the homeland security secretary. steve: they invited them there. >> they invited them there to speak and wunts let them talk. apparently dialogue until they shut you down. steve: speaking of talking, he has been telling us about it for months. watch this. >> if you don't have fox nation, have you got to get it. it is netflix for patriots and conservatives: it is netflix for conservatives. ainsley: now pete is going to walk us through all fox nation has to offer. pete: that was my only line netflix for conservatives. it remains true. steve: why netflix, why not amazon prime. pete: netflix is the one you think of. steve: what is fox nation. pete: we will break down what fox nation is when you are at home and watch something other than television why not fox nation instead of netflix? here is what it is in case you don't know. it's a members only

streaming subscrichingsselves for fox news most passionate fans. if yolove fox news and want to o deeper. become a subscriber do it on iphone android, computer tv devices that you control from your remote. can you probably even tell siri to do it. can you join up on fox nation. it's simple. now, what are you going to get if you sign up? over 1,000 hours at this point of new content. this isn't just what you see on "fox & friends" throughout the day on the prime time shows. you get to go in and pull up exactly what you want. you can also download these episodes so that if you are not online can you watch it on a plane or where you don't have wifi. all of this content and live shows at your finger tips immediately. who are you going to catch? you can catch of course more ainsley and of course more steve and, more brian even though he is not here but all of your top fox news personalities have their own shows or documentaries where they talk about things they're most passionate

about. ainsley's bible study. steve talks abou talks talks ab. new series american built. iconic things in this country and how they got built. amazing behind the scenes access. more of sean hannity. to say deep dive. topics you love. get more of the stuff you love. every day more ensosdz. two parts of fox nation. there is the live programming where can you click right there. you will get a notice on your phone if a new live show is coming up. tune to it and get the news of the day. something like stuart varney's my take if you don't see his show on fox business. keeping up with the jones and the after the show show of this program. want more live content it's somewhere you can go. coolest part of fox nation as well in-depth documentaries the stuff where you can't do it in three minutes. can't do it in 10 minutes. a topic that deserves more information. fast and furious scandal. what made america great. i'm biased i have a series called battle in the holy

land. holy city. it's about jerusalem and the battle ongoing there. got a chance to sit down with modern warriors folks from iraq and afghanistan highly decorated vets and ask them real questions what they're facing on the battlefield and va. topics across the board that you love. i was driving in this morning and looked up the politics of impeachment. what happened is the fox news channel has created a lot of great stuff over the last 23 years. this was a documentary or a longer piece done by the channel years ago. they can revive it. bring it up. i was watching what happened in the 1990s on bill clinton which is really interesting to watch right now interesting we are go to go through the exact same process. content you otherwise would not find if you didn't have fox nation. so documentaries is a big support of what you get. you also get access. and this is one of the things that makes fox nation differential than, say, netflix or other places where you sign up for a subscription supervisors there are events around the country. all year long, where fox news personalities, fox nation hosts will be there

to interact, take photos. do book signings, all the things that you wouldn't normally have access. to say we did the summit in phoenix in may of 2019. which is a great event. totally sold out. it aired both on fox nation as well eventually on the channel. but you are not going to want to miss the patriot awards. november 6th. every other liberal outlet has an awards show. you have to suffer through the preaching of the left. here we are going to celebrate patriots. november 6th, sign up on fox nation. it's available on any platform you are familiar with apple tv, roku, google chrome cast, fire tv. the wwe worldwide web. x box one and android. stuff like the stephen siller tunnel to towers foundation. new content up just this morning if you want to learn more about that great event. it's fox nation. you can get it right now. only 5.99 a month and comes with so much more. jillian: you are like mr. fox nation right now that's great. pete: if you don't know it, then you don't know what you are missing. and mixing out if you don't

have fox nation. jillian: is that true message. [applause] jillian: a rawpsz for pete hegseth. you are looking at the most prolific serial killer. samuel little behind 50 murders in the u.s. from 1970 to 2006. the fbi is still investigating 43 other murders he confessed to last year. little mainly preyed on homeless women and drug addicts whose deaths were often labeled overdose or accidental. is he currently serving three life sentences. the acting homeland security secretary southed off stage. protesters ignoring kevin mcaleenan's request to let him speak at immigration conference as the georgetown law. listen to this. >> stay seated. [what do we do? >> stand up fight back. >> address. >> children are under attack. >> what do we do? >> stand up fight back.

jillian: mcaleenan tried three times to start his speech. he walked away after about seven minutes. the judge who gave a hug and bible to former dallas officer ambe amber guyger is defending her actions. judge tammy kemp says she. ed to give guyger hope. >> i said to ms. guyger, please, mr. john has forgiven you. please forgive yourself. she said but i don't even have a bible. i don't own a bible. i don't know where to begin. and i said to her well i will get one for you. >> guyger was convicted of killing her neighbor bothham john. an atheist group has filed a complaint against kemp's actions. she said she waited until all court proceedings were over. those had your headlines. ainsley: so touching. she said she didn't even have a bible. i gave her a bible. she said where do i begin? steve: the judge said she had a couple of them. still dark in new york city.

however, janice dean is out with the folks. janice: did you see me? janice: yes, ma'am. hi, everybody, where from you. come over here. i'm not going to bite. >> randy. >> brought your family where from you. >> tennessee. >> what your names. >> tammy, seth, brayden and my sister shellie. janice: hi there, my friend. what's your name real quick? >> bonnie. >> you are from? >> oklahoma. >> take a look at the maps and show you cold front that's moving through bring potential for showers and thunderstorms along the east coast. a coastal low that's going to move up the coast. the big story, my friends though, will be the storm across the northwest where we could see over a foot of snow. and blizzard conditions for the month of october. that's the big story we are going to be watching in weather land. wave to everybody. thank you for coming. can you see us? steve: yes, we can see you. janice: good job, everybody. steve: that blizzard business. stay tuned. ainsley: supreme court back in session with a major abortion case on the docket. the judge is going to break

down the race an the case and te impact. judge napolitano is coming up next. steve: hello, judge. ♪ life changes ♪ with moderate to severe ulcerative colitis or crohn's, your plans can change in minutes. your head wants to do one thing, but your gut says, "not today." if your current treatment isn't working, ask your doctor about entyvio. entyvio acts specifically in the gi tract to prevent an excess of white blood cells from entering and causing damaging inflammation. entyvio has helped many patients achieve long-term relief and remission. infusion and serious allergic reactions can happen during or after treatment.

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♪ ♪ ainsley: well, the supreme court is back in session and abortion is on the docket. pete: the justices agreeing to hear arguments over a louisiana law that requires doctors performing abortions to have admitting privileges at nearby hospitals. steve: the louisiana law texas law that the supreme court struck down three years ago. so could the outcome be different this time around and what will the decision mean for 2020 politics? let's talk to judge napolitano. >> good morning, good morning. steve: if they have already struck it down, you would think this is going to get struck down, too. which what means what.

>> god, if they already struck down nearly identical law from texas three years ago why are they agreeing to hear this one? we have a change in the manipulate omembership on the se court. it is probably more pro-life. so they probably want to review this opinion to decide if they can uphold it. so, the fear of the pro-choice crowd is that this new supreme court will allow the states to narrow, not ban, but narrow the circumstances under which an abortion can be had. pete: who makes the decision i should probably know this which cases they hear? >> that's great question. only four. four justices can compel the other five to hear case. it's just an odd quirk of a rule that you don't need a majority. so theoretically, the four most conservative justices thomas, gorsuch, kavanaugh and alito could very well have decided that the decision to invalidate the

texas law three years ago needs to be changed. ainsley: what are conservatives hoping for? >> the law says two things that are very important for women's health. one is abortions can only be performed by doctors. and the second is the abortions can only be performed by doctors who have admitting privileges at a hospital in case -- i know this sounds awful. in case the baby survives the abortion. the baby can be saved by an m.d. as opposed to a non-md who lacks the admitting facilities. ainsley: or in case something happens to the woman in the process. steve: just to be safe. >> louisiana argues it's for health and safety of the mother and the fetus. the other side it's the subterfuge to narrow the circumstances under which abortions can be had. the court will decide it. here's the thing. the decision is going to land right before the democratic national convention, and the republican national convention next spring. steve: that could motivate. >> whichever way it goes can

s. going to be a bombshell. steve: first monday in october the supreme court was in session. and clarence thomas was not there. >> yeah. it's a head scratcher. the court said he had a cold. i don't think it's a really big deal. i saw him recently and he seemed his usual jovial healthy self. so i wouldn't read. steve: so maybe he had a cold. >> i wouldn't read too much into it other than he may have a cold. they are hearing argument today in the lgbtq case. we will see if he is there. >> all the best. pete: adam silver speaking out overnight after china announces it will black out preseason games. steve: former pro-player gillespie run as basketball business in china. his reaction coming up next ♪ the heat is on ♪ on the street ♪ the heat at tells me that you't

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>> not something we expected to happen. i think it's unfortunate. but, if that's the consequences of us adhering to our values, we still feel it's critically important we adhere to those values. ainsley: nba commissioner you see him there adam silver spoke out as china is announcing a ban on broadcasting all nba preseason games. steve: the backlash intensifying over a now deleted tweet posted by houston rockets g.m. in support of the hong kong pro-dome crazy protesters. former pro-basketball player brock gillespie has a home in beijing and owns a basketball business in china. he joining us now from austin, texas, to discuss. brock, good morning to you. >> good morning, guys. steve: this has turned into

a public relations disaster for the nba. you say that the coach should have known better. what do you mean? >> well, darryl more ray represents the houston rockets. they're the darling team of china. that was the team yow ming starred for. more over that the biggest issue is sports has always been the great uniter and politics is a great divider. i don't think the two should intersect the way that they have. having said that you know, the nba is a global brand it's not their job to be playing geopolitical police chief on the global stage. it's a business will you also, more than that. they provide entertainment and inspiration for 500 million glut china it's not just a political issue.

ainsley: some say what's happening over there is wrong. he is standing up for the right thing and you are still doing business with china. >> everyone is entitled to free speech. he has since issued a correction and follow-up on his stance. like i said that's his job working for the houston rockets and i think that i know adam silver and yao ming. i'm close to those guys. you won't find any men that are more chirtable or bigger humanitarians than those guys we need to have some calamity and settle down. steve: who knew. brock gillespie, former nba player and owner of a large basketball business in china. brock, thank you. >> thanks, brock. >> thanks, guys. >> you are welcome. elizabeth warren doubling down about being fired from a teaching job for being pregnant and we have got the tape telling a different

story. >> i actually didn't have the education courses so i was on an emergency certificate, it was called. steve: wow, we are going to have some more on that top of the hour. fight for first dances fight for blast offs fight for piggyback rides fight for 7 am makeouts. every year, walgreens helps millions of people fight the flu. fight to protect the ones you love. walgreens. be a flu fighter. get your free flu shot today at your neighborhood walgreens. >> vo: my car is more than four wheels.y? it's my after-work decompression zone. so when my windshield broke... >> woman: what?! >> vo: ...i searched for someone who really knew my car. i found the experts at safelite autoglass. >> woman: hi! >> vo: with their exclusive technology, they fixed my windshield... then recalibrated the camera attached to my glass

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the workplace should be a source of financial security. keeping your people happy is what keeps your people. that's financial wellness. put your employees on a path to financial wellness with prudential. >> it is brandly gilbert and the crew they are downstairs. >> that's a good effect. ainsley: that is good. >> they are going to be performs in the next hour on "fox & friends." great group. we are very thankful. that they would join us on this tuesday morning. >> not only friday and we get a free concert. pete: if they were performing right now we couldn't be talking. a television show on a music set this morning. ainsley: that's right. pete: not the other way around. steve: thank you for joining us during hour two and we

start with this. the whistleblower apparently the person wrote a dramatic memo to themselves after learning about the call between president of this country and the president of ukraine. pete: the president down plays the so-called second whistleblower while calling on congressman adam schiff to be investigated. ainsley: kevin corke joins us from the white house as the democrats issue a new round of subpoenas. hey, kevin. >> yes, they do. you are right about that memo. it was allegedly to memorialize a conversation held with another white house official about that july 25th call. let me sort of tell you a bit about it our colleague doing incredible reporting. single space report. about something this particular white house official claims to have heard. the memo uses dramatic language describing that july 25th call between the president of the united states and the leader of

ukraine as cause, frightening and unrelated to national security. democrats are demanding more information from the dod and the omb about delayed military aid to ukraine, the enclosed subpoena demands documents that are necessary to the committee to examine this sequence of events. and the reasons behind the white house's decision to withhold critical military assistance to ukraine. that was appropriated by congress to counters russian aggression. back here at the white house quite the impeachment storm the president remains defiant. >> impeachment inquire i have a scavment the mistake they made. the democrats, the radical left, they came out with a whistleblower report before they saw the conversation had they waited one day nancy pelosi wouldn't made a fool out of herself. >> president is not budging. he remains completely much to do about nothing.

the democrats move forward with a possible impeachment vote. meanwhile at the white house we expect a briefing of the acting director of the cpb mark morgan. the president issues a presidential medal of freedom. busy day at the white house. for now back to you. steve: aren't they all busy these days, kevin? >> pretty much, right. i covered bush. i covered obama. i have covered trump. there has been nothing like covering the trump white house. steve: new big story every day. pete: it's true. we are learning more about the legal defense for these so-called when i cans as well. turns out former staffer of hillary clinton. former staffer of chuck schumer has been tweeting out regularly hey, if you are a whistleblower come on out we will lawyer you up. ainsley: with a discount. >> especially if you are in the intelligence community can calls into question who has access to what and why they're leaking it.

>> if you want to take down the president. if you have any information, if you want to be a whistleblower, too. come to our law firm. we will represent you at a discount. steve: those tweets go back a couple of years. they have been looking for a while, period. the president of the united states, i think i heard him yesterday in one of his on camera appearances and he was talking about the whistleblower talking about the deep state. he said there are people in the intel communities who are tout get him. you know, when people hear deep state, they just think that's another one of those conspiracy things. not really true new book written by a columnist at the "new york times." his name is james stuart. the book is called deep state and he has been promoting it and as it turns out he says the deep state is real essential eamtion is people inside these government agencies actively working against him. what did you find?

>> you meet these characters in my book and the fact is in a sense he is right. there is a deep state, there is a bureaucracy in our country who has pledged to respect constitution and rule of law. comey told me in my book thank goodness for that because they are protecting the constitution and people when individuals, we don't have a monarch. we don't have a dictator, they restrain them from crossing the bound chris of law. what trump calls the deep state in the united states is protecting the american people and protecting the constitution. it's a positive thing in this sense. steve: the deep state is positive? pete: it's positive. steve: you have got these people who have working at these government agencies who despite what the leadership of the government is saying, they are trying to protect america from these bad actors. pete: so it's protecting america? ainsley: they think they are doing the right thing? pete: in working around the department odepartment of veters affairs and reform it there

that's just one sliver of the government. the deep state is very real and very enfrenched. they can't get fired because the unions protect then. steve: the bureaucracy. >> the permanent government cannot be fired. you don't know who they're. you don't who he now to reach them. ultimately the political appointsees appointed by the white house. have some oversight all of these bureaucrats. all of these deep staters if you ever doubted it, it's real. they ignore largely what guidance they're given by the white house, which is the elected leader and their priorities and they do what they want. and if they don't like it they undercut it. so that's just the i have a, which i have seen directly across our government committees. you don't like what the president is deciding to do you ignore it or you leak it and we have seen it time and time again. sunts is deem the v.a. loggerheads with this particular president. he has been out as other presidents have trying to make sure the vets get. >> you would think that's common sense. the bureaucrats hide behind

we are fighting for the constitution of the american people. you are ignoring the will of the people who elected someone to do things differently. you are defending the statusio quo. that's whatz v.a. bureaucrats do and intelligence community. the way we have always done business. what about when you elect someone who is there to disrupt the way we have always done business, that's when the deep stated rears its head. ainsley: elizabeth warren wants to disrupt things. she wants to become the next president of the united states and she has been out on the campaign trail and saying this why she was fired from a teaching job back in 2007 listen to. this my first teaching position was as a special needs teacher. by the end of the first school year. i was quite visibly pregnant. >> i was visibly pregnant. >> visibly pregnant. and the principal did what principals did in those days. >> wirksd me luck and hired someone else for the job. >> oh, well, you listen to that and it's like well, it's very clear she was pregnant and the guy didn't

wants her there. is that what she is suggesting? >> that is exactly what she was suggesting although there was a tape then that has since surfaced from 2007 where she tells us probably a more clear-eyed more familiar story of hey, i didn't have the teaching requirements, i made a choice to move out of teaching because i had had a child. very different story from the victim narrative she pushing on the campaign trail. steve: i wish had you that video. pete: do we have it? ainsley: we do. steve: roll it? >> i actually didn't have the education courses serves on an emergency certificate it was called i went back to graduate school and took a couple of courses in education and said i don't think this is going to work out for me. i had a baby. and stayed home for a couple of years. and i was really casting about thinking what aim going to do? steve: so you have got that video where she says was i visibly pregnant and the guy decided for me but then you have got that video where she says i didn't have the

requirements, i needed more education. i had a baby. i had to figure oit out she made a statement to cbs news regarding the conflicting reports and she is doubling down. she said all i know i was 22 years old, i was six months pregnant and the job i had been prom milled for the next year was going to someone else. the principal said they were going to hire someone else for my job. ainsley: that's whapghts what about when you leave. steve: my contract was renewed to teach again for the next year. when someone calls you in and says the job that you have been hired for the next year is no longer yours we are going to give it to someone else. i think that's being shown the door. ainsley: we fill your position when you say you are going to stay home with your baby. pete: or you don't have the education requirements and you went back to school as she said to fulfill them and said step back from this position and stay at home for a couple of years which is completely her

prerogative that's what she said yesterday. free beacon has a story. headline county records contradict warren's claim she was fired other pregnancy. the "new york post" has the story this morning as well. apparently she received approval from new jersey, an education board to continue teaching riverdale new jersey board of education granted her a second years part time teaching contract for that elementary school in april of 1971. >> we said it over the weekend. weave said will someone go talk to the principal or the school. thank goodness someone actually did. these are conflicting reports. maybe we will get more answers. ainsley: trying to get the female vote. trying to get women to say i can't believe they did that to you back then we feel sorry for you. clearly she is not telling the truth. steve: or just jumbled it up. what do you think she is

saying? friends@foxnews.com and also on facebook each and every day at a. ainsley: hand it over to jillian. jillian: good morning and update to a story we have been following for a while now. new york city couple charged in the college admission scandal will be sentenced today. greg and marcia abbot faced 8 months in prison after pleading guiltying to paying $125,000 to have their daughter's test answers corrected. actress felicity huffman starts her two-week sentence later this month. the u.s. attorney says they will likely push for a harsher sentence which actress lori loughlin is sentenced next year. she pleaded not guilty to charges in operation varsity blues. president trump is defending his decision to withdraw u.s. troops from syria. syria was supposed to be a short-term hit in and out. that was many, many years ago. we want to bring our troops back home. and i got elected on that. >> the president tweeting a warning saying if turkey does anything off limits he will destroy and obliterate the economy.

the president facing backlash from leaders on both sides of the aisle for the withdraw. 2020 hopeful joe biden unveils a 750 billion-dollar higher education plan overnight. the former vice president proposing two years of free community college. he also wants to double federal pell grants for low income americans and forgive any leftover student debt after 20 years of payments. biden says he would pay for his plan by getting rid of a tax provision. and now to this update. jeopardy host alex trebek's battle with pancreatic cancer could force him to leave the show after more than 35 years. trebek says treatment for his pancreatic cancer makes it hard for him to speak. he will continue to working as long as his skills. sometimes he regrets going public with the diagnosis earlier this year because he feels pressure to be an inspiration to people. that's a hard internal struggle of whether or not you go public with something and then that pressure on you.

>> especially when you don't feel well. >> especially when you are paid to talk and in his case he is having trouble talking. our prayers are certainly with him. ainsley: yes, they are. >> steve: meanwhile, some on the political left in militarydown mode over president trump's request to foreign leaders. >> after learning of the australian prime minister call. i likeabled this to a global watergate. >> if abuse of power and offense against the constitution is so important in moving the impeachment proceeding forward. steve: a former speech writer for george w. bush says there is nothing wrong with asking foreign leaders for help. marc thiessen coming up next. ♪ don't bring me down ♪ alexa, tell me about neptune's sorrow by olivia watson.

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>> after learning of the australian prime minister call, i likened this to a global watergate. >> at the tentacles of this investigation spread tonight. the president refuses to budge in his defense of that damning phone call. >> will trump's phone call with the ukrainian president awakened the democratic party. this offense against kant substitution so important moving the impeachment proceeding forward. steve: there have you some

in the left in the media ramping up attacks against the president. our next guest has a reality check writing in a new op-ed, sorry, dems, it's okay to ask for foreign help in a criminal justice investigation. and he says when it comes to hiring a private lawyer to connect research, it was, quote, the democrats who told us there is nothing wrong or illegal about that. here with an explanation fox news contributor and former chief speech writer for george w. bush marc thiessen, mark, good morning to you. >> good morning, steve. steve: you are saying there is nothing the matter with donald trump asking for a foreign government for help because it's a department of justice investigation? what trump's opponents are conflating two different things. the first investigation is rudy giuliani's investigation into hunter biden and his activities which is a private activity. it's an opposition research activity in effect. and the durham investigation which is an official justice department investigation into the origins of the mueller probe, which is

being carried out by john durham who is a career prosecutor. he investigated the cia interrogation program. is he completely nonpartisan. straight arrow. and there is nothing wrong with the president of the united states or the attorney general talking to foreign leaders and saying i want you to cooperate with an official justice department investigation. steve: right. that's one of the reasons,. >> in fact, actually that the attorney general is out and about overseas and is he trying to talk these foreign governments saying hey, can you help our department of justice we are trying to get to the bottom of what happened in 2016. >> exactly. >> not what's going to happen in 20 206r7b8g9s all the people so anxious to find out what happened in 2016 when they thought donald trump had colluded with the russians have suddenly lost interest in what happened in 2016. the american people support the durham probe. because for two years. they were told that donald trump had colluded with russia. that he was a russian agent. he conspired with vladimir putin. he had committed crimes beyond watergate and they took those charges seriously.

they were serious charges. they wanted to know what happened. it turned out the mueller probe came out none of it is was true. it was a conspiracy theory. americans want to get to the bottom of you who is it that our country was paralyzed two years chasing a conspiracy theory spending tens of millions of dollars doing. this 61% ever americans after the mueller probe came out wanted to the appoint a special counsel to investigate what happened. how the mueller probe got started. so, you know, americans want to get to the bottom of this and the president has a right to ask for government's help. >> when americans start to think about let me get this straight for the last three years the democrats have been talking about impeaching the president for including with russia suddenly none of it about russia and bawl that phone call. >> phone call troubling for a reason. conflate these things he lumped in barr with rudy giuliani in that phone call

there should be a fire wall between theist those two things. there is nothing wrong with rudy giuliani going out and investigating hunter biden or even doing opposition research for the president because that's what the steele dossier was. the democrats' defense of the steel dossier opposition research everybody does it. if that's a campaign finance allegation then lock up hillary clinton because she did the same thing there has he t has to be a fire wall between these two things. the president has blurred the line between official and unofficial. steve: okay to say the attorney general is going to call you separately. rudy giuliani is going to call you, just don't put them in the same sentence. >> no. don't put them in the same phone call. donald trump should not be calling for towrk cooperate with rudy giuliani. and rudy giuliani shouldn't be saying i'm doing this on behalf of the state department. putting fake white house seals on documents. he should be conducting a he should be acting on behalf the trump campaign in private capacity not government. steve: now we know.

mark, thanks for joining us live. >> thank you. steve: progressive democrats racing to the left pushing 2020 politics. rachel campos-duffy says parents need to warn their kids about socialism now.

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been genetically modified. i don't know. finally, 100,000. that's how many cars this world war ii vet got for 100th birthday. james asked for just 100 cards on facebook and then america responded with 100,000. wow. very cool. ainsley? ainsley: that's awesome. thank you, pete. it is a race to the left as progressive democrats tout the so-called benefits of socialist policies and as the ideology becomes more popular on college campuses. our next guest argues in a new op-ed that parents need to warn their children about socialism now. start young, she says. here with more is fox news contributor and host of moms on fox nation rachel campos-duffy. hey, rachel. >> hi, ainsley, thanks for having me on this morning. ainsley: how are you doing. your baby girl is so beautiful. valentinea. >> >> born one week ago today. ainsley: she is so beautiful.

i don't know if you can see the pink of you holding her. she is just a delight. congratulations i cannot wait to meet her. i was reading your op-ed. it's excellent. you were talking about we must start young talking about the dangers of socialism. you talked about your experience at marquette university. tell the folks at home. >> i went to marquette university in wisconsin to talk about the american dream and why we need to defend capitalism against the threat of socialism, which is becoming super, super trendy. in fact, even more than we ever imagined. now with aoc who is such a rock star on the left and done a lot to normalize socialism. what i found on college campuses is with the exception of a few conservative students, so many kids are falling for the lies and the promises of free that frankly venezuela fell for these same exact arguments that are being sold today by aoc, by bernie sanders and by elizabeth

warren and so they just don't know what's happening in venezuela. they don't know that socialism also leads to communism and what happens in china and social credit scores and all the freedom that's lost when you fall for socialism. and so, the question is what do you do about it? and my experience is that you have to start young. you can't wait until your kids come home with the stories from their socialist professors at the university if you are not having a conversation with your young kids at home then somebody else is. you have to start having these conversations at home. >> yeah, it's a great op-ed. you go on to talk about your discussion with the chinese foreign exchange students who got on stage with you i believe and talked about whether a socialism looks like from a communist country and the dangers of that and a lot of the students were shocked by it. go check it out on fox business.com. let's talk about moms. what's your latest episode

for your show called mom which is on fax nation? >> so we have a show on fox nation that i'm so proud of. it's moms. the latest episode we actually travel to texas to meet with real life moms there who are dealing with fertility issues. it's a really heavy topic. so much hope. so much love and compassion that was shared inside of that story. so if you are struggling with that. worry about it, this might be a really good episode for you to go to fox nation, check out and meet some of these moms and learn about some of resources. ainsley: i think we have a clip from your latest episode. watch. this why what are women embarrassed about? what is that feeling? it seems like there is a lot of people that are going through this. >> makes me feel like a failure. you are a woman. you were created to bear children and, yet, you can't. or it keeps failing or whatever it is. and you just have this message of if you can't do it like what are you

supposed to be doing guilt, shame. or i guess me personally people to feel sorry for you. when you are going through. this it's sad. ainsley: did any of them have success? are they all trying to get pregnant? >> it's a mixed bag. some of them have had success. some of them are still trying. but, you know, it's very interesting. and more people than we think are struggling with this. and so it's a topic we wanted to really touch on. ainsley: some people do struggle with it. thank you so much, rachel. congratulations on valentina. >> thank you, ainsley. ainsley: check out that fox business revamped website fox business.com. ainsley: thank you, rachel. >> thanks, ainsley. ainsley: nba commissioner adam silver speaking outyear night after china announces it won't air preseason

games. >> the long-held values of the nba are to support freedom of expression. and certainly freedom of expression by members of the nba community. ainsley: we will have more from the commissioner coming up next. snotz ♪ when did you see the sign? when i needed to create a better visitor experience. improve our workflow. attract new customers. that's when fastsigns recommended fleet graphics.

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we know a thing or two because we've seen a thing or two. even a- (ernie) lost rubber duckie? (burke) you mean this one? (ernie) rubber duckie! (cookie) what about a broken cookie jar? (burke) again, cookie?

(cookie) yeah. me bad. (grover) yoooooow! oh! what about monsters having accidents? i am okay by the way! (burke) depends. did you cause the accident, grover? (grover) cause an accident? maybe... (bert) how do you know all this stuff? (burke) just comes with experience. (all muppets) yup. ♪ we are farmers. ♪ bum-pa-dum, bum-bum-bum-bum ♪ i am a champion ♪ i was made for this ♪ i was born to win i am the champion ♪ ainsley: that's your shout of the morning. 9-year-old savanna singing along to carrie yudgesd wood's song champion. pete: went video after posting this video signing to the song. steve: the two met back

stage of a concert in washington, d.c. and that has gone viral. very cool. ainsley: sweet. steve: meanwhile, a story that is getting a lot of news on the internet and even here on the fox news channel. houston rockets gm darryl morley a couple of days ago tweeted out support for the protest in hong kong. he said fight for freedom, stand with hong kong. okay. that seems pretty innocuous given what's going on in the world. but not to the chinese. pete: free country but go ahead. ainsley: chinese are going to stop airing the nba games now, the preseason games in response to that they are furious about it. pete: they are. they are not a free country and they control every aspect of that they control media. they control the economy. no criticism allowed against the communist chinese. the question was how would the nba react? i mean, we saw them -- the owner himself or the g.m. of the rockets pulled down the tweet. put an apology about it. tried to lessen the blow

back. adam silver, nba commissioner came out overnight in recent response had this to say about the g.m. of the rockets and free speech. listen. >> the long-held values of the nba are to support freedom of expression and certainly freedom of expression by the members of the nba community in this case darryl more as houston rockets enjoys that right. we are not willing to compromise those values and again, i'm sympathetic to our interests here and to our partners who are upset. ainsley: i'm sure they are losing a lot of money. i was proud of him for supporting the g.m. of the rockets. steve: got to worry about how china feels about that though. okay. it's all about freedom of speech. we support the g.m.'s free

speech. now what. >> we live in a free country, the nba has been doing all this social awareness and justice stuff players like the nfl chime in on issues. you chime in on political freedom of expression in hong kong suddenly now. the official policy might be what he said. underneath the surface he was pressured quickly to not do that are we really going to let our league, our country be involved by china? we have seen other companies, marriott, delta, gap, other companies have given in to china time and time again. steve: and so he is saying we support him but at the same time, what if the g.m. puts that tweet back up? pete: exactly. steve: then what's the nba going to do? ainsley: let us know what you think friends@foxnews.com. meantime hand it over to jillian who has headlines for us. jillian: begin with this story a desperate search for answers after three infants die at pennsylvania hospital. contracted a water born bacterial infection in the

neonatal intensive care unit. four babies have recovered from the illness and one is still being treated at risk patients are now being directed to other medical centers. the hospital is investigating the source of the infection. controversy over a new policy advising police not to cooperate with ice. the city of roll land park in kansas adopting the protocol which the police chief says is nothing new. but some residents are concerned. >> planning on welcoming unknown thousands of impoverished federal fugitives park. >> there was one time in the last 20 years we have actually had to do something as far as immigration enforcement at the request of ice. jillian: the policy makes exceptions for case where ice agents are trying to arrest dangerous fugitives or people with felony warrants. a college basketball coach lasts california's governor over the controversial fair pay to play law. been at gonzaga politicians shouldn't decide whether

student athletes should profit from their name and likeness. >> what i find disgusting is that a governor is wasting his time grand stands around. he should probably stay in his lane. figure out homelessness. he has got a state that borders, you know, mexico. get that mess figured out. ainsley: governor gavin newsom signed the law in last week. spending daddy-daughter day standing up for constituents. >> when the issue came up, while it may have been an off day or an opportunity to spend at home, the work demanded that i show up and speak for my district. i have no doubt that she stole the show. she was amazing. >> massachusetts state representative dan testifying before a boston transportation board while feeding his baby girl. isabel going to work with dad after mom's maternity leave ended.

ainsley: that's how you win another election. right? that's how they say the president kissing babies and holding babies. everyone loves it. so cute. steve: thank you very much. all right. let's go out to the streets of new york city to see if there are any young people out there. janice: there are. what's your name. >> cooper. janice: where are you from. >> oklahoma. >> do you like new york so far. >> yes, i love it. janice: what your names. >> brenda and jeff where from you knoxville, tennessee. >> thank you for coming to "fox & friends." kansas, we love new kansas. take a look at the maps. it's kind of gray and cloudy here in new york city. we have a cold front that's moving through that's going to bring the potential for showers and thunderstorms all along the east coast. and then this coastal low that's going to make things gray and cloudy and potential for showers. look at this storm across the northwest ands northwestern plains. that could bring the potential for heavy snow and wind and possibly blizzard conditions. we are going to watch that over the next couple of days. wave to steve, ainsley and, no, it's pete is in today.

you knew it was pete. will will do you like pete. >> i love pete. i love everyone on fox. pete: janice, brian is my middle name anyway. janice: fantastic. pete: attorney general eric holder leading a nationwide push to redraw congressional voting maps in favor of democrats. steve: next guest says it's not a good idea. former wisconsin governor scott walker joins us next ♪ going to rock the boat ♪ ♪ ay." i say, "i'll go my own way" with anoro. ♪ go your own way once-daily anoro contains two medicines called bronchodilators that work together to significantly improve lung function all day and all night.

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mom you've got tom. [ get yourself a new car.g ] i wish i could save faster. you're making good choices. you'll get there. ♪ were you going to tell me about this? i know i can't afford to go. i still have this car so you can afford to go. i am so proud of you. thanks. principal. we can help you plan for that. start today at principal.com. jillian: good tuesday morning. welcome back. headlines now. we begin with this james comey's book "higher loyalty" coming to the tv screen. actor jeff daniels will play the former fbi director in a four hour cbs mini series.

gleason has been cast as president trump. former white house secretary president trump does the pass so he doble on "dancing with the stars" ♪ ♪ i love the costumes think they are fantastic. scored high enough to you avoid elimination. alec baldwin calls for a scam in his own city. native new yorker buying expensive tickets to seat statue of liberty from a fake tour operator. baldwin family took a free fairy to catch a glimpse of the landmark instead. >> obama's former attorney general eric holder facing backlash for what the editorial board is calling a redistricting coup. holder is part of a national redistricting action fund that's launching initiatives

across the country to throw out republican maps and turn districts blue in time for the election. and they have already had success in north carolina. former wisconsin governor and finance chairman of the republican national redistricting trust scott walker joins us now with how he is fighting back. thanks for being here, governor. >> great to be with you. pete: i hear you play the drums. if you want to join brantley gilbert at some point you can. this is serious stuff. >> yeah. pete: it feels like you are getting in the weeds but you are fighting for the future of maps for matters who wins elections. >> eric holder has been sue until it's blue mentality. pete: sue until the district is blue. >> even a state like north carolina where republicans are in charge of the assembly and the senate. the two houses there. they have gone to court and over the years they have gotten involved in supreme court races. so, now, the liberals, eric holder's team now controls who is on the supreme court in north carolina. and after the federal government, the u.s. supreme court said they weren't

going to get involved with this. it's now in every one of the states. north carolina is bump the many states where eric holder has been doing this for years. pete: you mentioned north carolina. here is a statement eric holder put out about those maps for nearly a decade the people of north carolina have been forced to vote in manipulated electoral maps that were drawn by republican notice legislature to create a partisan outcome. it's time for this outcome of jerry man dering in north carolina to come to an end. he says is he just fighting for fair maps, governor. >> if you look at the files of the irs not that they are fighting for fair maps. talk about giving democrats an advantage in this. this is what this is all about. his efforts in 2018 even before the next census in 2020 already had an impact on 27 different house seats. so in large part what eric holder and cronies and a lot of support with barack obama. barack obama's organization organizing for america is now support of it as well. they affected making the elections in 2018 effectively making nancy

pelosi not kevin mccarthy the speaker. pete: so the national republican redistricting trust what you are heading up. how specifically are you fighting back on. this we take all the other groups. rnc. the national republican congressional committee everybody is focused on the trust. involved in litigation and pushing back in places like north carolina and michigan and ohio. anywhere that eric holder is at. we are going to be at in the courts. we will be involved in data. we are in all 50 states. even here in new york people say oh the republicans pay attention to new york? absolutely when it comes to house races there is a number of key districts that can be won by republicans just on staten island. you have to have fair districts. i'm rauner. i used to runt half mile, so that was two lapsz around the track. i was pretty good. i ran about two minutes in terms of the half mile. but i couldn't beat anyone if i started a lap behind. we just trying to make sure that our republican candidates are not a lap behind when this starts. pete: then election day becomes a rig you had process if the districts are determined before hand in a partisan way.

>> that's what he wants. not talking about redistricting in places like maryland where you have the third congressional district arguably the most gerrymandered district in the entire country. not talking about illinois or massachusetts. why? because those places benefit democrats. is he all about pushing republicans out and bringing democrats like pelosi and aoc. in the only way to counter that is with th the nrtt.org. national republican redistricting. go and help us out. pete: thank you for joining us on set, governor. >> appreciates being here. pete: you know him from home edition. ty pennington is saving one small business at a time. he is live with his co-host amanda brinkman. he is coming up next. and here they are. ♪ ♪

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>> welcome home. [cheers] we remember that show when they moved that bus. ty pentagonton help families extreme makeover home edition on abc. helping small businesses revolution main street that's dropping today on hulu. pete: that's right. together with the deluxe amanda brinkman showing small business owners the dos and don'ts of building a successful business. ainsley: ty pennington and amanda brinkman joins us now. >> good morning. wanted to make a difference

for small business. work with 4.5 million small businesses instead of just dyeing we said let's go out and actually walk alongside them and help them. essentially the concept of the show each season we revisize different small town main street through small businesses. >> very cool. ty, perfect fit for you. you have been doing things like this. it's one thing to do a house. another thing to do main street? >> yeah. i was really upset when i realized they started it without me in world of big change forget about what happens on main street and charm of that that really is the center of a town. and what i love about this show is you really bringing people together and they start working, there is a synergy that happens when one person knows oh you guys are getting this they are helping you out with that people start realizing that the success of a town sometimes is really relying on the neighbors to really, you know, working together and the synergy and seeing

how people rally and the spirit of the town as it really comes up. is amazing. what i love about working not like throwing cash. people are rolling up their sleeves and making this happen. steve: absolutely. know how. great promotion. let's watch a clip. >> sure. other fitness studios can say they have a great experience. they can use copy to say it. we can show it. when you see leah's expression. >> i love that. >> like you understand what it's like to experience empowered. feels like she can do it. she is enjoying herself. >> i think what's so great is the energy of your instructors and just how are. you feel it now. instead of, you know, wondering what it is. >> that is really cool to see something that you dreamed about. >> it's all about the know how. they have got great intentions. until you come to town they don't really know about it. now, you are open to suggestions. what town to go to next, right? >> correct. today nominations for season five open at small business

revolution.org. and we are excited to see where we are headed for season five. today is the launch of season 4 in arkansas. we are always excited to see where we are headed next. >> what we love is we will come back in few months. i'm not sure exactly when. you can nominate a town come back and pick that town. steve: evelyn, kansas. >> great town. local establishment going nuts when they realize they have been nominated. that spirit that's how you get nominated. let everybody in your town know vote, vote, vote, vote. and it's awesome. >> that's what we love about this program. it's really more than just a show. it's really trying to create a movement. we are trying to really inspire people to support the small business within their community to understand that these small towns are incredible. but what makes them unique is their small businesses. >> learn how to be a pet groomer which is really awnge. pete: watch season four now nominate your town small

business revolution.org. ainsley: great show. changing lives. thank you, guys. ellen degeneres forced to defend herself from the social media mob. her crime? she sat next to a former president during a cowboys game. steve: lawrence jones on that coming up next. ♪ fight for 7 am makeouts. every year, walgreens helps millions of people fight the flu. fight to protect the ones you love. . . >> woman: what's my safelite story? >> vo: my car is more than four wheels. it's my after-work decompression zone. so when my windshield broke... >> woman: what?! >> vo: ...i searched for someone who really knew my car. i found the experts at safelite autoglass. >> woman: hi! >> vo: with their exclusive technology, they fixed my windshield... then recalibrated the camera attached to my glass

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now, his world explodes with flavor. nexium 24hr stops acid before it starts for all-day all-night protection. can you imagine 24-hours without heartburn? ♪. ♪ cowboys, hillbillies steve: gilbert is in the studio conclusion of that hour to do his new song from his brand new album. you will hear it here first. ainsley: not even friday, we get a free concert? pete: we're broadcasting a tv show from a music set this morning. these guys are big-time superstars joining us at the end of the show. don't miss it. steve: we'll talk about what is going on at the news apparently the democrat want to impeach the

president of the united states. ainsley: i hadn't heard that. steve: they don't want to vote on it to put everybody on the record, that would be politically dicey. ainsley: they have been having hearings on capitol hill, secret ones. they interviewed kurt volcker, who was, he was involved as special envoy. michael atkinson ig for the intel community. it was secret. we don't know what was said. pete: it was about russia and bob mueller for 2 1/2 years. when that didn't pan out they had to find something else. steve: there was that whistleblower. we heard the whistleblower said that the president said quid pro quo, made big promises. the white house surprised them, released the transcripts. as it turns out that was not exactly accurate. later on today looks as if gordon sondland, ambassador from the eu will be testifying behind

closed doors. the democrats leak out, they didn't leak out the transcript of the entire proceeding last week but they leaks out exchange, text message exchange between bill taylor and mr. sondland, mr. taylor said as i said on the phone i think it is crazy it to withhold security assistance for help with a political campaign. the guy who testifies today, bill, i believe you were incorrect about president trump's intentions. the president has been crystal clear, no quid pro quos of any kind. he is pretty emphatic. you say there was quid pro quo? read my texts. >> if you want the president impeached you focus on mr. taylor's text. if you don't, support the president you are focused on mr. sondland's text. he has loss credibility, some say and he must resign. pete: somebody that resigned volcker testified previously for

nine hours in front of the committee. if there was anything worth leaking, anything worth talking about the testimony adam schiff would run straight to the "washington post" to release it. instead it hasn't come out. they won't release the transcript, this is not about the facts. this about the narrative. won't support their narrative. steve: in that particular hearing apparently mr. volcker said repeatedly there was no quid pro quo, how can i say it any clearer? there was no quid pro quo. the u.s. ambassador to the eu will say regarding the text message. ainsley: this is the headline with the house democrats, they consider masking identity of whistleblower from gop congressman. allowing to testify from remote location, obscuring his voice. steve: having him appear behind a curtain. one of those kind of things because they are afraid that the republicans are going to leak

out his identity or her identity. pete: because a huge part of their narrative is that this person is a quote, whistleblower. other people we talked to say better titles are anonymous informant. i worked with whistleblowers. it is an important function. this is someone inside of the intelligence community with secondhand information who we know has political bias, worked through a system, worked with lawyers, which we'll get to now who were actively seeking out any member of the intelligence committee. let's do it now. there is a law firm, compass rose legal. they have a twitter feed. they represent, i will call the anonymous informant. steve: they do now. ainsley: number one and number two. they represent both of them. pete: here is one of the tweets. one of the tweet last couple years the law firm put out looking for so-called whistleblowers. members of the intelligence community, defense department, white house staff, see statement re protected versus unauthorized

disclosures and rate drop. we'll give you a discount. seriousness of the situation, clg will drop rates for ic, intelligence community and white house staff contemplating disclosures. lawyer up. steve: here's a tweet from one of the lawyers there. if you're having security clearance issues a whistleblower or under investigation, now is not the time to go it alone. seek counsel. ainsley: so they are so desperate to find inform mans they will drop their rate. that is how badly they don't like this president. pete: and drew ba -- andrew bakaj former hillary clinton staffer, chuck schumer staffer open about his partisan allegiance. i know it is official title. right there on the banner, whistleblower, anonymous leaker. they want this to look official this is continuation of the conspiracy to take down this

president. we had the guy who wrote the book, "deep state" earlier, the deep state is real to include the intelligence community. that is precisely what you're seeing. steve: keep in mind we never would have known what was said on the phone call and what the whistleblower alleged through the leaks, where the president made a very disturbing promise. and there was quid pro quo. and apparently the whistleblower wrote themselves a memo to memorialize what was said in that particular phone call. pete: like comey. steve: said that the phone call was, regarding the president and the president, the phone call was crazy, it was frightening and completely lacking in substance relative to national security. oops. pete: then they released transcript. steve: white house did. the democrat never thought they would do that in million years. you can't do that. you don't want to release what

two leaders say. ainsley: that was the one of the officials in the room when the the was making phone call. he wrote a two-page memo talking to his friend this is crazy. wrote down the memo what his friend told him what he had heard. steve: secondhand. pete: at least comey wrote the memos, based on first-hand interaction. he write as memo based on a phone call. who is the person in the white house calling other folks, dishing about the conversations. ainsley: when you read his complaint, parts of the memo, you realized if you stack that up next to the actual conversation they weren't exactly equivalent. pete: maybe not the full story. steve: indeed. that is what was leaked initially. as it turns out what was leaked initially not accurate. pete: we talked to folks around the country who tried to follow this. they see it as just an extension what was done to the president through the special counsel and bob mueller. they're just grasping after

whatever they can get because they wanted to impeach him since day one. steve: we had kevin mccarthy the house minority leader on the couch yesterday. he was reading in the packet he had a call with republican members of the congress, said that the american public is behind us regarding impeachment, something like 67% according to their research, shows that 67% of the country, 2/3 of the country believe the impeachment movement is political. and that is going to help us in november of 2020. pete: certainly could. trump derangement syndrome knows no bounds. it will be headed to minneapolis on thursday. the president is going there to give a rally. we had a chance to talk to some folks in the police department there because the mayor of minneapolis changed the policy about police being in uniform 12 hours after the speech was announced, you can't be in uniform anymore when the president is there. steve: what about protection. pete: even inside the facility, not in uniform.

out iside you can. you can't stand behind the president. steve: no uniformed cops inside the hall. pete: not allowed to appear on camera. ainsley: how did the cops perform. pete: they don't love that they have cops that support trump. cops for trump. we had bob krall head of police union in minute in place. if i can't wear the uniform, the guys and gals who love the president will be decking out in red behind that. not just that. now the city of minneapolis saying we won't pay for security. traditionally it is cities underwrite the cost of security for events like this. they're saying we're not paying for it. here is part of the statement that the trump 2020 campaign has put out against jacob frye, the mayor of minneapolis. friday's city government preemptively informed the target center where it would be held, would be responsible for 530,000 in security costs and other related to the event.

the target center attempted to pass the cost on to the trump campaign threatening to withhold the use of arena. this 530,000 is 26 times the estimated security cost for a 2009 target center health care rally held by president barack obama. steve: you would never know the security because you can't see the police officers inside of the hall. they're not wearing uniform. pete: those shirts we had. we had bob krall from the minneapolis police department. here is what he had to say. >> compare the administration. the obama administration, the 21st century policing and implicit bias training, investigations they initiated against officers all of which were unfounded. it is the exact opposite under the trump administration. law enforcement nationwide enjoyed his support of he and his administration starting with the department of justice. the list goes on and on. local politics here it is very left. the marry acted very hostile to the president's announcement that he was coming.

so this is our, this is our way to show our support without being in violation of the new policy they created. pete: be careful what you wish for. ainsley: obama comes into town, president obama comes into town they are instructed to stand behind him. pete: told to stand behind him in his uniform, many which didn't want to. in this case you can't wear the uniform. police union says we'll make it. shirts. the city is trying to get the campaign not to come there, forcing them to pay the bill, the campaign having none of it. steve: they're selling that shirt nationwide now. pete: what is the website? mpd federation.com or.org. steve: there it is on your screen. pete: get one for yourself. steve: meanwhile, 8:11 in new york city. jillian joins us. jillian: we start with a fox news alert. turkey will not bow down to threats. that is the message from turkey's vice president. after president trump tweeted a warning if turkey does anything

off limits after the u.s. draws from syria he will destroy and obliterate his economy. president trump received backlash on both sides of the aisle about his decision. he said where drawing from syria is campaign promise he was elected on. breaking right now nba commissioner speaking for the first time on the controversy surrounding hong kong. it comes hours after chinese state media suspended its broadcast of nba preseason games. adam silver speaking in japan defending rockets gm daryl morey tweeting support for protesters. >> the long-held values of the nba are to support freedom of expression and certainly freedom of expression by members of the nba community and in this case daryl morey as the general manager of the houston rockets enjoys that right as one of our employees. jillian: silver hopes to meet with chinese officials tomorrow. we'll update you.

new york yankees are one step closer to a 28th world series title. >> the yankees have swept the twins. and they're the first team moving on to the championship series in 2019. jillian: bronx bombers the beating the minnesota twins 5-1, completing a series sweep. the twins have lost a record 16 straight playoff games since 2004. pete: you're going to run it in. it is pathetic. jillian: you're need to adopt a new team. you are a yankee, you live closer to the stadium. pete: never will happen. doesn't mean i can't be ashamed on the performance of the minneapolis. steve: democrats blasting democrats new ukraine accusation calling it a witch-hunt.

ainsley: brad garrett is here who wrote the book on witch-hunts. he is here to react next. ♪ (muffled arguing) or, make you feel both at once. overwhelmed by bipolar i symptoms? ask about vraylar. some medications only treat the lows or the highs. vraylar effectively treats depression, acute manic and mixed episodes of bipolar i. full-spectrum relief of all symptoms. with just one pill, once a day. elderly patients with dementia-related psychosis have an increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, which may mean a life-threatening reaction, or uncontrollable muscle movements, may be permanent. side effects may not appear for several weeks.

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♪. >> run on the mueller scam that was a whole big deal. lasts 2 1/2 years. had 3:00 days of peace, they came up with this one. it is part of my life. people understand it is a fraud, it is a scam, it's a witch-hunt. all we keep doing is fighting for the american people. pete: that was president trump blasting democrats latest accusations about his call with ukraine as a witch-hunt and our next guest agrees calling this an abuse of power. >> fox news legal analyst gregg jarrett, author of the new book, "witch-hunt" the story of the greatest mass illusion in american history is here to explain. the president calls whatever is this is witch-hunt. latest accusation this is is witch-hunt is. is it? >> absolutely is a witch-hunt. instead of russian collusion witch-hunt, you know, the media and democrats have now

seamlessly transitioned to the ukrainian witch-hunt which is really the nancy pelosi, adam schiff witch-hunt. the fact of the matter is, that the president's conversation was not a crime. it is not an impeachable offense. in the beginning democrat in the media said, oh the conversation is a crime. until the department of justice criminal division said we looked at the transcript, it is not a crime, it is not a campaign violation. now democrats have embraced this amorphous concept known as abuse of power which is nowhere in the constitution. and the trouble with that is that it is sort of shifting sands of subjective interpretation that can be abused for political reasons exactly what the framers did not want. pete: exactly what you laid out in your book "witch-hunt" which is out today. people should pick it up. >> it is. pete: we have three big reveals you're willing to tease us.

why rosenstein appointed bob mueller. >> rosenstein appointed mueller as act of revenge against trump, not based on evidence, not based on the law. rosenstein written a memo firing james comey. he didn't expect the stinging criticism. rosenstein blamed jump. in a fit of anger, he was overwrought and emotional, he would retaliate against trump and appoint bob mueller. when confronted about what he had done, he was hiding behind his desk and blubbered, am i going to get fired? quintessential rod rosenstein. ainsley: another reveal you say within a few months of his appointment mueller admitted to no collusion in 2018. >> the pivotal meeting took place a year before the mueller report, march 5th, 2018. a angry confrontation ensued between trump's lawyers and bob mueller and several members of his team of partisan

prosecutors. and mueller admitted there was no evidence of criminal collusion. and trump's lawyers were incensed, why haven't you stopped this nonsense. mueller's response was, well, i want to question the president about obstruction because he has been criticizing us as if that is obstruction of justice. and he said, i'm going to go to a federal judge, and force the president to answer questions. at that point in time, john dowd, one of trump's lawyers, pounds fist on the table and says, go ahead. you've got nothing. go ahead and try. you don't have a leg to stand on. tensions in the room rose. and another lawyer stepped in and subdued the situation. pete: wow, fascinating stuff behind the scenes. we don't have time for the third reveal which is about the media witch-hunt. that is why people have to buy the book. it is out today. it is called, "witch-hunt." you gregg jarrett. ainsley: by the book. pete: make it number one.

ainsley: congratulations. pete: ellen ellen degeneres forced to defend herself sit against the social media mob, just sitting next to president gore-bush at a cowboys game. good afternoon board members.

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jillian: good morning, we're back with a fox news alert. moments ago the white house reportedly blocks the former ambassador to the european union speaking on capitol hill according to "the new york times." the decision to bar gordon sondland speaking with investigators comes less than an hour before he was due at capitol. this is breaking moments ago. we are still getting new information. we'll bring it to you when we get it. steve: thank you very much. meanwhile ellen degeneres taking a stand against some on twitter

over outrage of a photo of her sitting next two and smiling with president george w. bush at a cowboys name. >> so people were upset. they thought why is a gay hollywood liberal sitting next to conservative republican president. i'm friends with george bush. in fact i'm friends with a lot of people that don't share the same belief i have. we're all different. i think we've forgotten that is okay that we're all different. when i say be kind to one another. i don't mean to people that think the same way you do. i say be kind to everyone. doesn't matter. [cheering] pete, lawrence jones is here. two people sit together to watch a football game. >> i love ellen. i think she is kind person. i disagree with her politics, but she once contributed to the mob. they went after pastor kim more relfor some of her past views. as i say with the mob, it is like a wildfire, if you pour gasoline it will eventually get

you as well. you're right, civility. you have george w. bush, ellen getting along with each other despite politics but this is a mob. don't pour gasoline on it it, will attack you. that is my position on this. this is civility today. people don't care, the majority of my friends are liberals, right? we don't talk politics. we just don't. we talk about food, sports and god, that's it. steve: lawrence, that is the way you should do it. what she did not -- he was a opposed to gay marriage. she was for it. famously. and there they are at the same event having a good time. they're not talking politics probably. >> here is the problem. she has attacked people for their position in the past. it seems like when people become her friends, she defends those people. kevin hart was attacked for some of his past views as well. because kevin hart was her friend, george w. bush is her friend, she defends them. what about the average day people have had past prior positions, what if they want to keep the position you just

disagree with them? ainsley: remember there was a time you wouldn't be shocked by a picture like that. everyone is so shocked because everyone is so divided. i live in new york city. my friend are liberal. i go down south my friend there are conservative ma the majority of them. >> that's right. >> what is wrong with this picture. >> there is nothing wrong with this pick you are and i think it shows you where society is we're praising something like this. news flash, keep can be friends with different political ideologies. but we're so divided as a nation right now, something like that makes news. ainsley: exactly. steve: there are other people who are very angry at her because they regard george w. bush as a war crimes -- >> they're angry with her because of that. they're angry with her because she once held a position that went after people like this. so now, it has turned on her. i don't want to make this a negative thing about ellen. i think it was really good she decided to put politics aside but it i think it is important

as a society we have standards, not just when people are our friends. pete: you're saying she selectively put this aside? >> she has selective outrage when people she knows comes to their defense. if it was someone else she would have criticized them. that is something we should shun in america. ainsley: she seems to have a good heart. she seems to be a nice person. >> i like ellen. i love she is big about charity. she gives a lot to the community. i think that is all great but i think it is important we have one standard. that is no, no matter what your position in this country is you have freedom in america to have that position. steve: lawrence jones. thank you very much. straight ahead, more on breaking news we told you about. the white house is blocking the former u.s. ambassador to the eu from testifying in a couple hours on capitol hill. we're live in tee see with the latest. ainsley: plus we'll have reaction from that guy, karl rove next. i'm ládeia, and there's more to me than hiv.

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ainsley: fox news alert for you. it is breaking right now. the former u.s. ambassador to the eu says the state department is ordering him not to appear on capitol hill today. "the new york times" also reports he will not be anticipating questions. steve: gordon sondland was expected to take the stand and be deposed today. pete: catherine herridge joins us live from washington on what it means for the investigation. reporter: good morning. things have been moving quickly in the last ten minutes. recently as that they heard from lawmakers they were expecting gordon sondland on the hill in a closed-door, transcribed interview. it is not under oath. but the same impact if the witness lies or misleads investigators. in the last few minutes we got confirmation that the democratic chairman of the house intelligence committee, adam schiff will hold a news

conference at 9:30 eastern to take reporters questions. would seem now on the decision by the state department to block this interview this morning with gordon sondland. he matters because he sent a series of text messages in september which rebutted or pushed back against allegations that the president's conversation with the ukrainian leader in july 25th and the hold on military assistance were part of a quid pro quo involving an investigation of joe biden. the good news with that 9:30 news conference, adam schiff we'll be able to ask him other questions why he was not more forthcoming about his office's early contact with the whistleblower, guys. steve: good luck with that. ainsley: any idea they would block him and not block volcker or atkinson. reporter: i don't want to give you that information t would only be speculation. steve: mike pompeo said we'll block all of them because they

didn't have enough time to prepare. mr. volcker volunteered to appear before the committee. reporter: volcker is out of the state department. he is former special envoy. he resigned after the transcript was made public. he is private citizen can make his own decisions. sondland is currently u.s. ambassador to european union. effectively one of the pompeo's employees. has to follow the directive of the state department. i am glad you mentioned the letter from secretary pompeo he laid out a very compelling legal argument for why proper notification and other processes had not been followed bit committees. steve: indeed. pete: well-done. appreciate your information. happens quickly in this business. steve: let's bring in karl rove, fox news contributor. served as senior advisor and deputy chief of staff to president george w. bush. well, karl, your reaction, sounds like mr. sondland will not be testifying today because the administration feels that this is not the appropriate

venue. >> first of all, full disclosure, gordon sondland is a friend of mine. i talked to him last week called advice on a lawyer which i gave him. we had no substantive discussion about the exchange of emails or the situation at hand. i know gordon, and i know gordon well. i thought it was very unusual that the house democrats, remember the original thing they sent the lever on the 27th saying we want documents and witnesses to begin appearing by the 2nd of october. steve too right. >> which is two working days, two business working days. they sent it on a friday and want them to start appearing on wednesday. monday and tuesday you're supposed to get all these documents together. these people are supposed to meet with the counsel of the state department. they're able to look what they can say and what they can't say. this is ridiculous. so why the rush to judgment is beyond me. steve: you know why. because if you do not produce the stuff in two days, they can

go they're withholding evidence that is obstruction of justice. that is article of impeachment. >> that is not obstruction of justice. steve: of course it is not. >> go back in the history of the country there is ongoing tension between the executive branch and legislative branch. executive branch make demands the legislative branch resist then they work it out. let's create headlines and drama from the beginning. this ill serves the country this is a piece from robert doorr. american enterprise institute. i had forgotten his father, john dorr, counsel, republican lawyer in the eisenhower, kennedy and departments of justice, appointed by the democrat chairman of house judiciary commit to be the counsel of impeachment inquiry. this article laid out all the things that this back-bencher,

non-descript, back-bencher, rodino to make the impeachment investigation of richard nixon to be as nonpartisan as possible. vote by house of representatives. jointer minority, majority staff so they met together. rights for the minority to call witnesses and schedule depositions and issue subpoenas. president's nixon's counsel was treat as member of the staff, was in all the private hearings, all the private depositions, all the private discussions was allowed to recommend witnesses to call, was allowed to question witnesses. was allowed at the end of any hearing private or public to state the president's position. this is why at the end of the process both democrats and republicans, supporters of president nixon and opponents of president nixon complimented rodino for running a unified committee process. not so under this process.

pete: why should the administration participate in this inquiry when they don't have those rights? is this part of an new effort to say we're just not going to participate until you hold the vote, give us the opportunity to have the other side? >> i think you're right. they will try to force the house to hold a vote but i'm not certain they're going to be able to get the house to hold a vote, it is nancy pelosi's decision. i thought it was hilarious on "fox news sunday," val demings, a member of judiciary committee, who was on with chris wallace. there is no precedent. wait a minute. we've had two impeachments of presidents in the modern era under rules of house and senate as they now exist. in both instances richard nixon and bill clinton, there was a vote of the house to authorize a formal inquiry into the impeachment of the president. the democrats have standing on a weak leg here. they will hurt themselves a rush to judgment, a highly partisan investigation, and impeachment on the flimsiest of rationales they would never apply to

another person. there was circus on showtime this weekend. representative delgado from upstate new york asked by a constituent at town hall meeting what is the law the president broke. i think the president broke the law that says you can't take anything of value from foreign country or foreign national. justice department already been heard on that issue. let's for a moment assume this was taking something of value. do you think that the these same democrats would be saying, president hillary clinton now turns out hired a british secret agent to ask for information from former russian intelligence agents in moscow to any dirt they had on donald trump for a dossier. would you think any democrat said we have to remove her from office. she violated the law. steve: we're being told in our ear by the producer, apparently adam schiff who is going to have a press conference in 50 minutes, he is trying to draft a subpoena to compel your friend mr. sondland to show up later

today. >> well, again, this is stunts. if you want to work this out, you sit down with the state department, you sit down with pompeo, you say look, we understand we can't ask him about his conversations with the president but we want him to appear and want to give him reasonable time to prepare and how can we work this out. but adam schiff is only concerned about one thing, which is how big a presence can he have on cable tv, and what kind of hot dog can he look like. i was taken aback. i was appalled, that the chairman of the house intelligence committee would begin a hearing by basically, channeling his inner martin scorsese and completely making up a phony conversation between the president of the united states and the ukrainian president and try to pass it off to the cable audience what that conversation really was. and i mean talk about a stunt unworthy of his high position and great responsibility he has as chairman of the intelligence

committee and as the lead democrat in the impeachment inquiry. ainsley: how does this play out? who has the power? is it congress telling him you have to show up. we might s&p you, you have to talk? or is it his boss who is mike pompeo who is saying no, you're not allowed congress to come in and talk to my people behind my back. you're not allowed to tell them they're not allowed to have attorneys. subpoena them and make them talk, who has the power here? >> well, look, there are lots of these points of conflict and they will be resolved by patient negotiation and maybe resort to the courts. i hope it is done more by patient negotiation than resort to the courts. look, congress does have the right to ask members of the administration to come forward and talk about certain things. they can't say, now what did you tell the president and when did, and what did the president tell but they do have a right to do this. on the other hand the state department has the right to prepare its people for that moment. it is unreasonable to say, you know what? right now, we want you here

right now. you can't talk to the lawyers. you can't review notes. you can't go over the whole thing. we want it now. we want it really right now to get you in front of the cameras as quickly as possible. that is not the way the process should work and not the way that it will work i'm convinced eventually. steve: karl, the reason mr. sondland was called was because of -- >> ambassador sondland to you, my friend. ambassador sondland to you. >> to your friend to you, the whole quid pro quo thing and the whistleblower reveal. now we're hearing apparently congress, the democrats are trying to keep the whistleblower's identity secret. they might interview him at a remote location. they might obscure his appearance. they might alter his voice. he might behind a curtain. and members of congress themselves might not actually interview him. it might just be the staff. >> well, if they do this and

televise it, then this is clearly just a made-for-tv daum ma. if they were to have, look, we had, during the nixon impeachment and the clinton impeachment we had closed hearings where people were interviewed and the committee members were informed by those interviews, but we didn't have it broadcast on tv if they do this, think about this, they will accuse the president of the united states committed an act rises to high crimes and misdemeanors and is worthy of removing him from office, we're never seeing face of individual, never hear the voice, never hear them in public testimony, never being able to make a judgment as, their trustworthiness. not only that, remember what we're talking about here. we're talking about somebody who is taking second and third hand information about a transcript we now can read. we can read the transcript. we don't need to have somebody

say to us i heard about what he said on the phone. we know what he said on the phone. pete: karl, we'll lose you in a moment. thank you very much for your insight. >> you bet. pete: we actually have received now a statement from the eu ambassador about the fact that he will not be appearing to testify today. here is the statement. said early this morning the u.s. department of state directed ambassador gordon sondland not to appear today for his scheduled transcribed interview before the u.s. house of representatives joint committee. ambassador sondland agreed to previously appear voluntarily without need for a subpoena in order to answer the committee's questions on expedited basis. as sitting ambassador of the eu, as employee of the stay department, ambassador sondland is required to follow the department's direction. ambassador sondland is profoundly disappointed he will not be able to testify. ainsley: after the conversation our president had with ukraine, he was commenting with by taylor. bill was saying i can't believe

the president did this. sondland said, there was no quid pro quo. the president has said that. and i'm, he would be the one that would be more favorable for the president to speak today, based on those -- pete: based on what we've seen in the text messages. ainsley: mike pompeo said i will not allow my people to talk so quickly. steve: "new york times" story just crossed regarding this, they say i will read one paragraph, making the decision on tuesday hours before he was scheduled to sit for a deposition in the basement of the capital, the trump administration appears to making a calculation better off risking the house's ire than letting mr. sondland show up and set a precedent for cooperation with an inquiry they have strenuously argued is illegitimate. so in other words, keep in mind, the president of the united states we heard last week was drafting a letter to say, unless you vote on this, this is an illegitimate operation, the whole impeachment inquiry thing. have a vote, get everybody in the house on the record, and

then we will cooperate. but they have not done that yet. so the white house views it as essentially illegitimate. pete: bingo. that may answer the question you asked, why did the two previous folks appear and not sondland. this is a current member of the administration. which would be reflection whether they're willing to cooperate. if they believe it to be an illegitimate investigation which a lot of people it to be, then withhold until they hold the vote. ainsley: that is what mike pompeo said. they are not, telling people who work under me they need to go and speak. they need to not get lawyers. he said that is not the process. we need due process. steve: although we heard from karl rove exclusively mr. sondland called him and asked him for the name after lawyer. ainsley: his lawyer released that statement to us. 47 minutes after the top of the hour. country star brantley gilbert is here to perform his brand new single, live, that is here next.

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to check out a free preview. don't miss out. >> morning, i'm bill hemmer. white house is saying to house democrats this morning. take the vote. will they? expected hearing behind closed doors will not happen today. adam schiff will talk to reporters in minutes. we'll have it all for you coming up. also will the nba stand up for free speech? new reaction on international back and forth with beijing. what next for our u.s. troops in syria and the entire region. come join sandra and me. we'll see you in nine minutes, guys. busy day, top of the hour. we'll see you then. ♪. steve: well the self-described bad boy of country is back with his first album in nearly three years. ainsley: that's right.

on fire and brill stone, brantley gilbert shares his journey to becoming a dad. he joins us live to perform his new single, fire it up. >> that's right. pete: tell us about the new album. >> all the albums are chapters in my life. we we got a little reminiscent through my journey with spiritual life and love store and boy become as man type thing. become baghdad. steve: was part of the spiritual journey, you had a terrible car accident when you were 19. >> early on. that is so far back hard to remember. i think is more so happened between then and maybe some years down the road. ainsley: what is it like being a dad? >> it is incredible. it is greatest blessing the baby is four weeks. pete: how about the song you're

playing for. fire it up. >> it's a party song. i hope you're ready for a party. ainsley: we need an escape. pete: because we like you, we love you. >> i appreciate that. i love you too i reckon. how lyrical. ainsley: right outside of athens, georgia. take it away. brantley. >> all right. ♪ "fox & friends" ♪ we encircled up them in four wheel drives stacking pallets to the sky ♪ ♪ we got all you wanna drink, a tank of gasoline, and baby all i need's your light ♪

♪ to fire it up, we going to tear the night up, got shine in the masons good times in making the baby crank it up, fire it up, get you a little buzzed, country queens, do your thing, y'all can get this small town lit, let's fire it up ♪ ♪ let's fire it up. ♪ ♪ yeah, i don't dance, all i do is this, drink in my right, smoking with my left ♪ of the ♪ from the classic fade wais and tweeters, old school on them speakers drop the beat and bang your head, hell yeah ♪ ♪ fire it up, wee going to tear the night up, got shine in the masons, good times in making the baby crank it up, fire it up ♪ ♪ get you a little buzzed,

country queens do your thing ♪ ♪ y'all can get this small town lit, let's fire it up. ♪ ♪. ♪ let's fire it up, we going to tear the night up ♪ not got shine in the masons, good times in the making baby crank it ♪ ♪ fire it up, get you ally buzzed, country queens do your thing, y'all can get this small town lit ♪ ♪ let's fire it up, we going to tear the night up ♪ ♪ got shine in the masons, good times in the making, baby crank it up, fire it up ♪ ♪ get you a little buzzed country queens do your thing ♪

♪ y'all can get this small town lit, let's fire it up ♪ ♪ fire it up let's fire it up ♪ ♪ let's fire it all up, man [cheering]

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>> great, great, great, great job. >> terrific, wonderful. >> he will be on the "after the show show". >> tell us about the patriot award. >> fox nation patriot awards in st. petersburg, hollywood has their award show for patriots we have our own. sign up and join us. >> the whole team is going.

we can't wait. we'll shake hands with y'all if you get to go. meet us in st. petersburg, florida. >> how about a round of applause for brantley? >> bill: nice, feels like a summer friday on a day like today. we begin with breaking news happening now. the trump administration fighting back on the impeachment inquiry at this hour. the u.s. ambassador to the e.u. will not appear for an interview today on the hill. this at the direction of the u.s. state department. so we're sorting through it as it comes in right now. good morning, everybody. it's tuesday and i'm bill hemmer. >> sandra: things are changing fast. good morning everybody. i'm sandra smith. the gop donor turned diplomat gordon