[crying] >> good girl. >> meet cinder block the fat cat was just put on a weight loss program. you can tell she is not having it. she just simply paws the treadmill. we have all been there. rob: see you later. steve: well, this is a fox news alert. 6:00 in new york city. 6:00 in washington, d.c. and apparently the justice department, according to the fox news sources has actually refocused the john durham investigation from an inquiry into a criminal investigation, which could be very bad news for anybody involved in this who may have broken the law or told a lie. brian: emily is in for ainsley today. what did this mean to you. steve: because you are an attorney. emily: we don't quite know the specifics. we always knew durham had the ability to convene a grand jury and bring criminal charges.

what we don't know if there has been a grand jury yet or if this is a shift in the investigation. either way it's appropriate from what we are hearing cia officials have retained criminal representation at this point. brian: we did know that fox news has learned that durham is very interested in questioning the former director of national intelligence. he always looks confused. perhaps this confuses him as well james clapper and former cia director john brennan perpetually angry that donald trump is president. let's see if there is a reason behind it. steve: simultaneously, we got a news bullet yesterday late in the day that apparently the inspector general of the department of justice, michael horowitz, announced that his upcoming report will be released very, very shortly. it's going to actually shed, we understand, some light on why these criminal -- why this has turned into a criminal investigation. so, in other words, while the inspector general can lay out the case against members of the department of justice, so what we're really talking about is the department of justice is investigating the department

of justice, his case will be whether or not people should be charged. emily: right. think about it as the appropriate sort of jurisdiction. so when you talk about a criminal investigation, the ig never had the power to compel witness testimony, to subpoena. especially those that were former employees, right? durham, as we know, had a much broader reach. steve: james comey couldn't really bring them in, force them in, until now. emily: exactly. brian: it's going to be interested. the ig report was submitted in september to the fbi to look through to make sure it could be redacted when necessary, not giving any intelligence information out or means or procedures. they have yet to get back. i believe october is coming to a close. i wonder why that is? meanwhile, the "new york times" says this: some cia officials have retained criminal lawyers in anticipation of being interviewed. i guess they know what they did. it was not clear whether mr. durham was scrutinizing other top intelligence officials. that's kind of, overall,

this whole thing bothers me so much. if you are named in the trump investigation -- in the mueller investigation. steve: right. brian: they say as soon as you are named, you have to lay out a minimum $50,000 for any decent attorney. they don't make that much money in most cases. steve: right. brian: they are not making a zillion dollars. steve: brian, think about it, no names have come out yet yet people in these departments are already hiring lawyers. what why that be? feeling a little guilty or have they heard from people behind the scenes that there is some interest in their testimony? dan bongino, who knows a lot about this, has written a book on it, says there is somebody in particular who is probably not feeling very good this friday morning. >> freaking out in his adult depends right now. he realizes he is on record lying the entire time. he was the founder of the feast in this whole thing. i believe he lied to fbi agents about where he was getting this information from. he constructed a parallel

construction operation to get the fbi to investigate a guy he had no law enforcement powers to operate against. the facts are clear as day on this. even the fbi, lisa page, the lawyer, in sworn testimony to mark meadows answering a question, seems floored at the idea that brennan and his cia may have been talking to steele before that they are freaking out right now. and durham's doubling down. and good for them. brian: not to get do you confused. just know this barr and durham went over to italy in contact with australia to see their role in this whole lead-up in the early months after donald trump won the election. evidently they heard taping of papadopoulos interacting with the allusive joseph mifsud who some say is not a russian affiliate or an affiliate of russia at all but robert mueller did say that so democrats respectful of the process came out with a statement backing john durham. or, better yet, they didn't. in fact, this is what it

sounds like from nadler and schiff. these reports, if true, raise profound new concerns, the department of justice under attorney general william barr has lost his independence and become a vehicle for president trump's political revenge. if the department of justice may be used as a political tool for retribution or to help the president with a political narrative for the next election, the rule of law will suffer new and irreparable damage. john durham lauded by both sides including attorney general eric holder suddenly has fallen under the web of corruption william barr clearly well respected when he worked for george h.w. bush. steve: well, it's interesting, emily, that the "new york times" or rather that those democrats have come out with that statement. because, when you look at the lead story, in the "new york times," this is how they frame it. this is -- this is there three lines. barr refocuses russian inquiry on its own agency. all right. we talked about that. opens criminal review. right? we talked about that. the third line is fear that trump is using justice

department to chase perceived enemies. and that's how they are spinning it. in other words, forget about whether or not people broke the rules. but now trump is using his department of justice to punish people who have not been nice nice. brian: isn't that the news section? should they be giving opinion like that. steve: front page of the "new york times." emily: i will say my largest problem with this both as an attorney and simply as a citizen is the notion that pursuing an investigation somehow means there is an assumption of guilt and therefore it means you can have nefarious purposes on the part of the investigation. shouldn't every citizen be interested in uncovering the truth unequivocally. brian: without the burden of a legal education, i'm bothered by it too. mark levin who tensdz to have an opinion and no co-coast said this. >> it's very important that mr. schiff do a criminal investigation. that means they think they found some things, sean. they don't just do that they will be under attack. they won't be treated like mueller and his gang of democrats. they will be under attack. with a very brave attorney

general and very brave u.s. attorney and should just keep at it. the rule of law is what matters. steve: going forward, it's going to be interesting what he is able to uncover in this criminal investigation with all of his new powers. you know, was there coordination between the department of justice and the fbi? we heard that the attorney general said spying did occur. also, was there coordination between the department of justice and the barack obama white house? we have heard from the president of the united states, sounds like he thinks there was. maybe now we will be able to get to the bottom of it. emily: to be specific, a.g. barr talks about the fact was there predicate for that? he is exploring whether there is a reason, a democratic reason, a legal reason why this was all explored. steve: who said go spy on the trump campaign? emily: exactly. back to durham for a second. as brian alluded, to a.g. -- then a.g. holder designated him to investigate the cia and allegations of abuse. he is certainly well-respected by both administrations and both sides of the aisle.

it's a little bit of an affront to think he has any other -- steve: not a political guy. emily: no. brian: "60 minutes" will do a 101 with joe biden. usually they have explosive soundbites might want to make you want to watch for sunday. the soundbite is joe biden says none of my kids are going to work at the white house. taking a shot at president trump. here is joe biden. >> do you believe president trump's children have acted properly and avoided conflicts of interest. >> their actions speak for themselves. i can just tell you this, that if i'm president, elected president, my children are not going to have offices in the white house. my children are not going to sit in on cabinet meetings. >> what's improper about that? >> it's just simply improper because you should make it clear to the american public that everything you are doing is for them. go to the extent that he has gone, to have our, you know, -- his children his son-in-law, engaged in the day-to-day operation of things they know nothing

about. steve: when you think about joe biden and you think about his children, naturally, you think these days about hunter biden, who has been in the news. you know, did he do something wrong? he admitted on morning television a week or so ago that politically it was a big mistake, you know, being involved in burisma given his family name. brad parscale, the campaign manager for donald trump said, said joe biden is correct on one point. hunter biden would have never had an office in the white house because he has proven that his only qualification is being the son of joe biden. emily: i think it's really telling in that moment joe biden couldn't artic could i late clearly what the issue was. i literally did not have a verifiable answer as to why anything that the trump children have done isn't appropriate. brian: and you do have ivanka trump who is international business woman. she hasn't been in government before? that's suddenly a problem? don jr. and eric doing this horrible thing called running their company because their dad isn't. and then you have people in

history like -- that bill and robert f. kennedy working with john kennedy. how dare he work as attorney general. jackson had all his relatives in the cabinet. he has been listed as one of our best presidents. i just wonder how hard this interview is if that's the soundbite that's supposed to lure us in? because this is a big interview for him because he almost sits down with no one. emily: could be a lot of kerfluffle. steve: carley is with us. carley is at the world series tonight in washington. brian: carley, you could have turned down the assignment. you chose to say yes. carley: i chose to say yes? every day ending in why i would. good morning. kick things off here with a fox news alert. a desperate search underway in the gulf of mexico after a cruise ship passenger goes overboard. right now the coast guard is scouring waters near galveston, texas, hours after a carnival -- the

carnival dream left on a four-day cruise to mexico. in a statement, carnival cruise line says based on camera footage, it appears the guest jumped from his state room balcony. also breaking right now, design flaws and pilot error blamed in the deadly air crash in indonesia. criticizing boeing over failed anti-stall system which pushed the plane's nose down. 189 people were killed in last year's crash. same type of plane was involved in a cash in ethiopia. haven't addressed the flaw that grounded the 737 max around the world earlier this year. deputies dodging bullets trying to protect family from raging wildfire. search underway for whoever shot at officers enforcing a road closure near los angeles. the fire also forcing evacuations. this video shows firefighters flying a helicopter over the flames

and thick black smoke. another major wildfire is burning in northern california. utility company pg and e could shut off to millions. and on to thursday night, football vikings quarterback kurt cousins and his running back cook up a big win. screen for cook. calvin cook. still going. >> hello. carley: touchdown the only one of the game for either team. the vikings won 19-9, moving to 6-2. outside the stadium, hundreds of demonstrators, including many native americans marched to protest the name washington redskins, which they say is racist and insensitive. they dub the rally a, quote, not your mascot event. wow. so some football with a side of protest. steve: washington has the

nationals they are rooting for anyway. brian: nothing to cheer about with the redskins. maybe they can play the dolphins again. that's their best hope of getting a victory. nice talking sports with you. steve: city's top cop man screen left is skipping a meeting with the president on monday. the police union says that's the last straw. no confidence in that guy. the president of the chicago fraternal order of police joins us to explain his vote coming up next. ♪ ♪ this is our country ♪ ♪ (dramatic orchestra)

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and hope to be. ask your doctor if starting hiv treatment with dovato is right for you. steve you know about the crime wave in chicago. the city's top cop getting hit with a vote of no confidence. the vote coming after police superintendent eddie johnson, that man right there, announced he is skipping the president's upcoming speech to law enforcement on monday. heather graham is the president of chicago's fraternal order of police which issued the no confidence vote. he joins us from chicago with more. kevin, good morning to you. >> thanks for having me. steve: first of all, explain why the president is coming to chicago on monday. >> the president is coming here to chicago to address the police chief's association, which we are hosting here in chicago at our convention center. and he is going to be making a speech to law enforcement.

and we appreciate him coming. steve: absolutely. so, if the president of the united states comes to your town to talk to law enforcement about law enforcement. you would think the number one law enforcement person in chicago, superintendent eddie johnson would want to be there. he says he is not going to come. >> he says he is going to skip the president's speech. he said he is going to walk out when the president goes to speak and address the law enforcement officers. steve: kevin, that really bothers you, doesn't it? >> well, it certainly bothered the board of directors and i don't feel it's right. he's the president of the united states. and the reality of this is there are plenty of times i have sat and listened to speeches that i didn't care for, and i certainly didn't walk out on them. you sit there, and he's the president. you certainly listen. and certainly since we have derived a great deal of support from this president,

particularly here in chicago, with atf agents, federal prosecutors, to prosecute our gun laws because our local prosecutor hasn't done the job, we have derived a lot of support. and it's driven down the crime. last month we took 1,000 guns off the street. last month alone. steve: that's great. kevin, law enforcement is supposed to be nonpolitical. and, yet, it looks like the superintendent in chicago is making it political. he just doesn't like the president. this guy. >> well, he has said that he has problems with president trump. and my feeling is there are plenty of people that i have problems with. but, the reality is, when police officers are out on the street, we do not engage in political activity. we don't support one religion over another. we treat everyone equally, and that is how the chicago police department operates. that's how most police

departments operate. steve: right. but the fact that he's not going to go to the monday meeting with the president, that's why your union voted no confidence in him. he issued this statement: while today's decision is from the board, and not the active fraternal order of police membership, i understand and respect that the lodge is upset about the decision to not stand with the president. i can't, in good conscience, stand by while racial insults and hatred are cast from the oval office or chicago is held hostage because of our views on new americans. there's a lot going on in that particular statement. >> there is. the reality is that we are here to enforce the laws, and we -- unfortunately, the police department doesn't get to choose which laws they want to enforce. steve: right. >> we try to enforce them impartially. and when laws, if you want laws changed, you go to. steve: you change them in

congress or city hall. exactly. >> but we must operate with the idea that these are the laws that are in front of us. and that we enforce them impartially. steve: kevin, real quickly, but it is the brureckets that madbrigittes thatbrirkts ty to him. >> i'm going to thank him to come to chicago and thank you him for his support. the federal agents he sent here to try to help with our crime problem. steve: that's too bad the top cop won't be there. that's just politics, i guess. kevin graham, president of the chicago f.o.p., fraternal order of police. sir, thank you very much. >> thanks for having me. steve: okay. so what do you think of that friends@foxnews.com. meanwhile pete buttigieg says he knows how to make america a better place for women. >> should i do the set shell on the women's policy plan? >> yes. >> baled on the idea that we

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i'll pause ♪ ivanka trump in the trunk of my car. brian: seem very inappropriate. that song from 2017 song called framed that according to buzzfeed asked a about those lyrics. interviewed the rapper in

the 2018 year no. charges have been filed and no one has listened to the song. man punched trump rally. he admits to punching the man outside the trump event two weeks ago. steve: move on to politics 2020 hopeful pete buttigieg has released a new plan that details four ways he says he will make america a better place for women. listen. here's the mayor. >> should i do the nutshell on the women's policy plan. >> yes. >> based on the idea that we need to build up power for women economically, politically and socially. if we get the political part right, a lot of the other parts start to get better. emily: here to react fox nation personalities diamond and silk. good morning, ladies, thanks for joining us. >> thanks for having us. emily: what are your thoughts on mayor pete's plan to invest 10.5 billion into women and women's

future here in the country? >> first of all, america don't need another fly by night or johnny come late car telling these pandering talking points and calling it a plan just to get a vote. >> um-huh. >> if pete buttigieg want to do something for women, what he needs to do is drop out of the race and go back to southbound, indiana, and take care of that city. brian: i think that was his fifth point. [laughter] here's the top four, close the pay gap, protect women's health. make america safe for women and put women in power. how would that work? >> listen to me, if you look under the trump administration and what he has done. look at the unemployment among women at all-time low. lowest it's been in 66 years. >> um-huh. >> look at president trump, first year in office, poverty among women fell. >> um-huh. >> 600,000. >> um-huh. >> so that tells you a lot about what this administration is doing when it comes to women, when it comes to bridging the pay gap. >> that's right.

>> listen, you've got the tax cuts. child tax credits. you have the all done up under president donald j. trump. i'm appalled when i hear these people they want a champion for. this um. >>um they want to do this and that. johnny come late. president trump already have this under control. >> and why didn't he implement that in indiana. >> and southbound. >southsouth bend?the reason he t there he didn't know to do it there. politicians been in government positions all of these years and now want to talk about a plan. if he can't do it for indiana, he can't do it for the united states of america. >> that's right. steve: that is a fair point. however, the people of iowa like pete's message. brand new six ofs poll that came out yesterday. elizabeth warren is way up in, according to the civics poll. she is number 1. pete buttigieg is now number two. >> well, the people of iowa need to pay attention to these talking heads. >> that's right. >> these career politicians

that has made their careers just talking about it, but not doing anything about it? >> that's right. >> you better look at president donald j. trump that's looking out for the american people, that's looking out for women in this country, that's looking out for everybody in this country. it's who you better vote for. >> one thing that america needs to remember to do is to focus on the gold, not the polls. steve: look at that. i hadn't heard that before. diamond and silkism. brian: drop the mic. >> that's right. steve: thank you. >> thank you for having us. steve: they are on fox nation. if you are not describing you are missing out on daily diamond and silk. brian: democrats are about to ramp up their impeachment probe but still in secret? what are they trying to hide? like the whistleblower, perhaps? look who is here? it's ed henry. he has a key to the joint. he is joining us live next. ♪ the heat of the moment ♪ ♪

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when bipolar i overwhelms, vraylar helps smooth the ups and downs. ♪ steve: we are back with a fox news alert. sources close to the investigation at the department of justice now confirming to fox news that the justice department's review of the origins of the russia probe, being led by u.s. attorney john durham, is now a criminal investigation, and that is an important change. brian: all right. it comes as we brace for inspector general michael horowitz's report on fisa abuse, which is expected to be released very soon. emily: fox news chief national correspondent ed henry has been covering this story since it first broke. he joins us live now. ed, thanks so much for being here. ed: people have been waiting for this ig report from michael horowitz for a long time about fisa abuse. why is that also important that we are hearing about a separate criminal probe by john durham who is this u.s. attorney in connecticut who already was looking, reviewing, the fbi, the

justice department's behavior back in the obama administration. what i'm told by people close to the investigation. they told me late last night that basically the ig report is going to be used as sort of a road map by john durham about where there may have been wrongdoing. whether potentially involved someone like james comey, former fbi chief, obviously. former cia chief under obama, john brennan. all those people are being looked at. they be being talked. to say their behavior is being reviewed about those fisa warrants. the bottom line is the inspector general, as you know, cannot prosecute anyone. they can review it. they can put out a big report, which is what we are going to get from horowitz that is going to say this was bad. i think this was bad. i think this is okay. he can make recommendations. ultimately john durham, now, since it's a criminal probe, can really get accountability. steve: a lot of people in washington feel since the ig put out that statement last night that said, you know, there will be very few redactions. >> right. steve: probably two week warning that's going to be out probably pretty close to the beginning of november, in november. but, just the fact that when

we get it, it's going to pretty much explain why there are now criminal -- this is now a criminal referral. ed: right. why there will be subpoenas and grand jury as emily was laying out so perfectly earlier. i was watching the top of the show. this is serious business. a lot of people had their eyes glazed over. we heard this report. we heard that report. people have not been held accountable for the origins of the russia probe. finally, john durham, i believe, is the one based on talking to people close to the investigation, who is very no nonsense, nonpolitical, has democrats and republicans on his staff, and is finally looking at this and saying there is something that stinks about how it all started. brian: one thing i'm curious about. number one, do clapper and brennan have to talk? are they going to? evidently they're going to be reluck tantaros witnesses. number three is, i keep going back to the horowitz report, handed to the fbi in february -- september. my goodness, we are almost done with october.

ed: right. brian: they all know all these players. are they looking out for their buddies? ed: remember the last report from the justice department inspector general didn't really have major problems for james comey. he was able to spin it as there was no wrongdoing. it's all fine. there was confusion about the memos and things. there were a lot of people inside the justice department who believed that what the inspector general was waiting for was the fisa abuse report that we are getting now. that that's where james comey, andrew mccabe, and others could have real problems. i don't want to get ahead of the facts. we have to actually seat report. we have heard this before. it's unfair to comey and others to say they are going to be in trouble or john brennan is going to be in trouble. we simply don't know. we have to get the facts. that's the frustration a lot of people have. why don't we have the facts clearly laid out after two and a half years? steve: the report is apparently as as thick as a phone book. that's the problem. emily: we want to get your thoughts on the impeachment inquiry. closed door into the weekend as lawmakers pick up the. hint at taking their private

investigation public within weeks? ed: look, the bottom line is we were talking about this on the couch yesterday. it's been-out narrative has been bad for democrats on the whole process issue. adam schiff having this behind closed doors. that's why you saw this sit in from republicans. the more this is about process and adam schiff, the better it is for president trump. on the other hand, if you have actually followed the facts in this case, the more it becomes about the actual testimony, there could be more problems for the president in the sense that you're having more and more officials within his own administration who are testifying and confirming not all but pieces of what the whistleblower originally said about, hey, aid was held up to ukraine because the president wanted certain investigations of corruption open. and, remember, mic mulvaney got in the middle of this and suggest 24r-d was a quid pro quo. the administration has pulled back from that and said that's not really what he meant. the problem is the more it's about process, it's bad for the democrats. the more it's about the substance of it, there are details of this that are

problematic for the administration. brian: until the transcript comes out you are not allowed to talk about it. ed: we are getting selective leaks of pieces of information. the point is the facts have not all been on the administration side and i think we have to acknowledge that. steve: they have not. there have been selective leaks to make the administration look bad. ed: let's see their side of it. steve: for the democrats to say we are going to make this public very shortly. we don't know that for sure, do we. ed: that's why the president started on twitter and you see his allies like matt gaetz in congress have been hammering and hammering away about adam schiff is the focus. process, process. it's all done in secrecy. steve: which is all true. ed: get into the transparency argument. it's the president of the united states who put out the transcript of the call and democrats who have been doing all this behind the scenes. brian: lindsey graham gave a speech yesterday and real quick i think it's going to be interesting when the whistleblower. why is it that you can blow the whistle on the president of the united states and. steve: disappear.

brian: that is not right. ed: he wants to be able to face his accuser and also cross-examine that whistleblower or others. i'm going to be in this weekend with pete and jedediah. michael waltz will be talking about this and syria and a lot of big issues. johnny joey jones and lawrence jones. by the way, i was traveling this week, i got a little present for pete. he doesn't know about it yet. i'm bringing it to the couch tomorrow. emily: carley, tell us about the headlines. carley: update on story we have been following here. three men facing charges in the shooting death of a california deputy, including the person who called 911. the elder rad dough county sheriff says christopher ross left out crucial details that could have saved deputy brian ishmael's life. called about people stealing marijuana behind his house. he allegedly hid the fact he had leased out the land to

those suspects. remember when former vice president joe biden said this about campaign cash? >> i sat with bernie. i'm the guy that told him you shouldn't accept any money from a super pac because people can't possibly trust you. >> well now that biden is trailing, some of his opponents when it comes to fundraising, he has changed his tune. his campaign is rolling back opposition to super pacs, allowing wealthy donors to fill his war chest. senators bernie sanders and elizabeth warren, who have both outraised biden using small donors criticized his campaign's move. this is the best story you will hear all day. an entire elementary school learns how to sign happy birthday to surprise their beloved custodian who is deaf. ♪ happy birthday dear jane ♪ happy birthday to you ♪

[cheers and applause] >> mr. james totally shocked as he walked into a school assembly in tennessee. the principal says mr. james not only shows the kids how to sign, he also teaches them kindness. now, if you will excuse me, i need to go into the bathroom and cry. steve: it's so lovely because he taught them how to do what they did for him. >> isn't that sweet? carley: there are such good people in this world. you have to remember that. emily: the majority looks like that. brian: thank you so much. go out to adam klotz, he is out on fox square. adam: good morning. i'm out on fox square with some very disappointed people. [cheers] adam: hear the disappointment? where is janice? have i won you guys over a little bit? >> yeah. adam: i have won you over? [cheers] adam: i get why people would miss janice but i have been on a charm offensive trying to win them over. part of that has been a great forecast at least out here in new york city. look at the weather maps. the temperatures sitting around the mid 50's. much cooler or not western half of the country where

some of these folks behind me are from. 32 degrees in denver. boy, it was a big snow storm out there. the other story continues to be wildfires in portions of california. pay attention to that, those areas. winds going to be up to 50, 60 miles per hour on sunday. that's going to be one of the big stories. back out here in new york city. things are looking good and i've continued to win people over. >> it's great, it's great. >> they are happy. steve: before did you go, how is the weather for the world series tonight? adam: things are looking fairly good for the world series tonight. we are tracking a big storm but it's not going to be up there so the forecast is looking good here along the entire east coast for this evening. steve: all right. very good. adam, thank you very much. brian: you know him from the football field now former nfl player scott turner has been drafted by president trump to draft criminal justice reform. he will join the president at a huge event today. but, first, he joins us next. ♪ we're unstoppable ♪

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improve our workflow. attract new customers. that's when fastsigns recommended fleet graphics. yeah, now business is rolling in. get started at fastsigns.com. brian: all right. president trump heading to south carolina today to deliver remarks on the 2019 second step presidential justice forum. our next guest, former nfl players for the broncos, chargers and redskins has been helping the president tackle criminal justice reform and implement the things he signed off on. here is more is former nfl player scott turner director of the white house opportunity council slated to speak with the president later today. scott, first off, how is your -- this opportunity for you panning out? >> you know, it's going really well, brian. thank you for having me this morning. we are looking forward to being here in south carolina

at benedict college later today to talk about criminal justice and also the opportunities on initiative that the president signed into law, which i have the opportunity to be the steward of this council. we are looking forward to having a big day and sharing with the people here about the things that hallway havinhave beenhappening in the administration. brian: it's easy to sign criminal justice reform but how are you fixing it? and once these men and women get out, what are they doing to put them back into society? has how does the second step help that. >> that's a great question. well, the thing that i like about this legislation is that while the people are inside of the prison, while our citizens are in prison, they have the opportunity to take vocational training, to be educated, to learn new skills and new trade so that when they do get out and reenter back into society, they now have the education and skills to take on jobs and make an honest living, you know, to support their families, which, in turn, helps our communities and

makes our communities safer. brian: that helps and that will be the message today. the other thing you have is opportunity zones. inventricleives for business to invest in communities that need that investment. you are not asking for a favor. you are not giving a grant. you get these businesses investing in places and in turn people. how has it been going for two and a half years now? >> you know, i'm really encouraged about how we have made progress and, you are exactly right. this is to bring awareness to the communities that have been forgotten in our country, the underserved community called opportunity zones high poverty rate and low income. we have had tremendous progress. much work still to be done with private capital coming into communities whereby in decades before there was no investment. also, to partner with public investment, you know, from the federal government, from the council that we have in opportunity revitalization. what we have seen thus far has been very encouraging. and people are getting to

work. jobs are coming online. businesses are being created. communities are being lifted up. and so you take criminal justice reform. you take opportunity zones is a great marriage here today in south carolina. and both being signed into law by president trump. brian: if you look at the unemployment. if you look at the opportunity zones, if you look at criminal justice reform. if you look at investment in black colleges, i think the administration could do more to talk about what they're doing. am i correct real quick, scott? >> yes. and, you know, we do as much as we can to talk about these reforms and talk about the initiatives, you know, president trump and his administration have put forth since being in office. as you said, with hbcus, the highest level of funding from president trump's administration has gone into hbcus, $100 million. scholarships and create centers of excellence on hbcu campuses. as you know our hbcus are rock institutions in our communities and the president and his administration and agencies

in the government realize that we all need to come together to bolster up hvcus, as a matter of fact, today president trump is receiving an award, a bipartisan justice award here at benedict college for his criminal justice reform and being able to work across the aisle, you know, the highest honor given to a publish servant. hpublic servant. brian: success leaves clues. what about the investigation and everything else needs to get done trade deals. scott turner, thanks for what you are doing and best of luck today. >> thank you, sir. brian: washington nationals come home looking continue world series quest to 1w50e7 in four straight games. jillian mele, what are the chances of that? jillian: i don't know. we will see. look, i have my hands on the official nats world series hat. final preparations underway. we will tell you about it coming up in just a few minutes. ♪ put me in, coach.

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washington nationals win first two games. emily: if they keep it up this could be their first ever win. steve: jillian mele joins us from inside nationals park where, jillian, people have not seen a world series in washington during their lifetime. what kind of a scramble is on right now for tickets? >> oh, my goodness. i mean, tickets are -- i haven't looked at a ticket yet to be honest. i'm sure they are in the thousands. let's bring in john turn knauer now. we want to talk about what's going on preparation wise on

the field. you are the director of field operations. everybody comes here, and this is what they are seeing. what is that pressure like? >> it's exciting. it's an exciting high pressure out here. it's been a lot of fun over the last couple weeks. >> i'm sure. everybody in the city, organization, players, fans, everybody. it's been fun. >> fresh coat of paint. what else do you still have to do today. >> still go through normal game day routine. mow, maintain moisture on infield clay. get home plate ready, the mound ready dressing things up for the last right before first pitch. jillian: tonight is going to be fine weatherwise, it seems like. everyone is focused on the possible rain in the forecast saturday and sunday. how do you work with that. >> working closely with the mlb officials and all the updated information on weather and keeping close tabs on all that all the information we are getting hopefully we should be able to stay dry on saturday and

get some rain throughout the day on sunday. hopefully things will dry out in time for sunday. jillian: you have worked here for 10 years. did you ever imagine the moment, it's today. this is the day. >> exactly. suspecting it you always dream about growing up and now as an adult and it's just -- it's a great experience out here. and we have been having so much fun. jillian: oh my goodness. it all happens in less than 12 hours. that's when the gates are going to be open. fans can start coming into the park at 5:00 p.m. tonight. it's going to be crazy. more than 41,000 people here. also, you guys know, the nationals have a lot of momentum going into this winning the first two games. post season at home they won four of their games and only lost one. there is another little extra memento if you want to take that with you. send it back to you guys. brian: a lot of astros fans are watching they know how good and deep and resilient this team is. the longer it goes the more money we make. steve: jillian, thank you very much for the live report. average price right now for world series tickets on the

secondary market in d.c. 2,000 bucks per ticket. brian: wow. steve: joining us very shortly, congressman john ratcliffe judge jeanine pirro and geraldo because it's friday. you areol watching "fox & friends." aho potatoes. and i want it back. what is it with you and that truck?

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♪ healthmarkets only healthmarkets has the free fitscore. call the number on your screen call healthmarkets now thank goodness it's fox. we have a lot of legal stuff. brian and i are joined by federal attorney emily compagno. emily: good morning. great morning so far. we have been covering so much. right? we have a fox news alert, a bombshell in the russia investigation overnight. justice department's review now turning into a criminal investigation. it comes as democrats brace for the inspector general's report on fisa abuse

expected to be released very soon. brian griff jenkins is live in washington with what this all means to trump resistance. griff, they don't seem to be worried. they are angry. >> i will tell you what, brian. this means u.s. attorney john durham has the power to subpoena witnesses, to impanel a grand jury and file criminal charges. unclear what prompted this shift. let's quickly look at what we know. back in may attorney general barr appoints durham to begin the review of the russia probe. in august, in september barr and durham travel to italy to investigate. then on this past tuesday we learned this probe expands and they want to former d&i james clapper and john brennan. all as that will november 15th deadline. decide whether or not to charge andrew mccabe. here's what lindsey graham had to say. >> i have a lot of confidence in bill barr to be fair to everybody, including the subject of the

investigation. john durham as a probe. why is it so important? we can't live in a country where the rule of law only applies to democrats, not republicans. when it comes to the american media, they don't care how you get trump as long as you get trump. >> but across the aisle, the chairman of the house judiciary committee and intel committees jerry nadler and adam schiff had this warning these reports, if true, raise profound new concerns that the department of justice under attorney general william barr has lost its independence and become a vehicle for president trump's political revenge. if the department of justice may be used as a tool of political retribution or to help the president with a political narrative for the next election, the rule of law will suffer new and irreparable damage. meanwhile, we are expecting the doj inspector general michael horowitz' report on fisa abuses. he says, it's quote nearing completion and coming very soon. he also says, guys, it will have very few redakdzs, so we may learn a whole lot more. steve: that would be great. brian: i find that statement, griff, astounding in that both of these men

are attorneys, nadler and schiff. he has no idea what the report says. what they may have found. he knows about the text messages and unless they are totally tone deaf or just watching one of the other networks they know there is a lot of there there and questions, at least keep your powder dry for when the conclusions come out. steve: well, there's a simple reason to believe we have heard from them. it's all political. keep in mind, impeachment is not a legal proceeding. it is political. and that's what so interesting about this. while the democrats are launching this impeachment inquiry, emily, into whether or not the president did high crimes and misdemeanors, which is whatever they say they are, it will be interesting to see whether or not during this criminal investigation the department of justice is able to find out whether somebody during the obama administration broke the laws. emily: right. to me the common theme that i keep seeing here on the left is basically whether it's information hoarding or whether there is an

obsessive call for transparency, only when it benefits the democrats or might benefit them is there any type of call for transparency. and, otherwise, there is hoarding going on. steve: what do you mean hoarding? emily: they are hoarding information. they are keeping the whistleblower in secret, even though there is not classified testimony. steve: um-huh. emily: they are decrying the fact there is a criminal investigation and an investigation at all into the origins of the investigation. steve: are you saying they are not really interested in getting to the bottom of it. brian: the impeachment is here. steve: it's political. brian: hard to argue with steve on that. over here is a criminal investigation there really shouldn't be politics unless you don't want the results you want to say it's political. listen to this buzz term. conspiracy theories. they call it republican conspiracy theories. fox conspiracy theories as if john durham is on the sci-fi channel and that's where we found him. steve: just because somebody says something on fox news doesn't mean somebody is going to go to prison. brian: exactly. so this is how they try to

marginalize an investigation that has just been recategorized. harmeet dhillon knows a thing or two about the law, former 2020 trump advisory member, handles a lot of donald trump's legal affairs, said this about where this investigation is going with laura last night. >> well, the way that this typically works is that you go after the lower level people and ask them to provide evidence on their supervisors. this isn't going to start with putting the screws on the people just mentioned or even doj officials who may have been involved in approving those fisa warrants. the lower level people who have more to lose and who will be able to quickly turn because they don't have loyalty or don't have top level political exposure. that's how this is going to go. for all we know that has already begun, laura, by the time we are talking about it here today. steve: that really is how it works. if you are eventually going to get to john brennan and we do understand that a number of people have already hired lawyers in washington. brian: lower level. steve: they are freaked out.

people at the higher level, too. people at the lower level who are currently in government and have their jobs and livelihoods to lose. they, obviously, have never been asked some of these questions before. they are going to be truthful because they don't want to lose their job. emily: harmeet is absolutely correct. highlights two things. number one the thoroughness of the investigation. you start broadly and start to narrow down. and also the fact that would don't quite know yet what point of the criminal investigation we are at. so we always knew that durham. steve: should have been open three months ago. emily: perhaps a grand jury has already been convened or perhaps a shift in the nature of the investigation brought upon by some evidence that he has collected that is new. we are not quite sure yet the specifics of why it's come out. steve: just adding one other element to it, isn't it interesting that the information that it's now a criminal investigation came out the same afternoon that it was announced that the horowitz report is about to come out and apparently she few redactions. do they go hand in hand? does it mean the horowitz review is coming out very

shortly? yes. and we have heard that apparently it lays out why a criminal investigation has been open. emily: especially the road map. brian: here's the quote. i can report to you michael horowitz that the process is ongoing and nearing completion given the constructive progress that's been made during the classification and there is going to be almost no redactions. now, this is not a conspiracy theory. if you were the subject of an investigation and text messages emerge among those higher up in the fbi, the world's premier investigative agency, that reveal an agenda against you, it wouldn't be a conspiracy theory. that was a direct threat to your livelihood. just so happens threats against the president and he happens to be president of our country. another text message has emerged that even has senator ron johnson saying hey, i hope you guys are looking at this. this between peter strzok and then lisa page having a relationship with. think our sisters, another agency we believe, the cia, have begun leaking like mad. cornsd and worried and political, they are kicking it into overdrive. is that part of the people

say the intelligence community has 50 ways to sunday to get you back? is that the beginning of getting you back, donald trump? emily: you raise a good point. i want to point out this as a former federal attorney that the weight of the government, when it is upon you, cannot be overstated. and the fact that when you brought it personally and you said look, if that's you, then of course you want to get to the bottom of the investigations. the fact that democrats scoff at the potential for bias, when not only is it so clear and also it is so damaging or the potential is so damaging, it is what is so offensive literally as a human and citizen. steve: that's why ron johnson senator and also senator chuck grassley sent a letter to the inspector general of the intel committee saying hey, you are looking into these leaks, right? because we haven't heard anything from it the attorney general may have been looking into the leaks. they would just like to know because there are lots of things that a lot of dots that have not been connected. one of the other ones, and we have heard from the president of the united states, the president would like to know who this whistleblower is.

keep in mind, all of this ukrainian stuff started with the whistleblower who apparently went to a member of adam schiff's staff and the staff members. brian: which he forgot. steve: you need to hire an attorney and here's how you file or then suggested they file the official complaint. well, now democrats are saying we don't need to hear from the whistleblower because we have seen the transcript, we have heard from trump administration officials so much about it we don't need to see the whistleblower in public. which is what the republicans are asking for. emily, here's my question for you, and that is if you are a whistleblower, looking for federal protection, you are guaranteed not to lose your job or retribution. but are you guaranteed anonymity? emily: no. those are two separate issues. and the law is very specific that the nature of whistleblower protection laws are to save you from being terminated from professional retribution. the anonymity aspect and if you are truly afraid for your life, which a lot of these arguments seem to

stem. steve: that's what the whistleblower says their safety. emily: that's a totally separate issue. that's what the witness protection program is for. that's a totally separate issue. for them to be conflated to me it's an indication that the democrats keep moving the ball all the time. it's whatever is the shiny object that we are supposed to follow. brian: first. you had to have the transcript. then the whistleblower was going to come forward in a matter of days. now the whistleblower -- now the whistleblower is not needed because they say everything has been confirmed that they claimed. after the president gave the transcript, the whistleblower says well, you know, the whistleblower seemed to have a much more dramatic reading of the transcript. and now we have all these other people. i sense the whistleblower is the main booking agent for adam schiff's committee. because he says other people are listening and just so happens these people we don't even know their names are being marched in front of that secret committee. here's another quote worthy of your attention, this from jamie raskin, a democrat from maryland. this is the role whistleblowers play. whistleblowers are the people who set off the process by telling the truth. whistleblower will go down in history as a hero for kicking off this process.

the whistleblower is no longer integral in the investigation in any way. here's why it's important. if you are going to blow up someone's life or presidency, i personally would like to know who it was as an american. and if you happen to be the president you can understand his curiosity. number two is we understand he has a political affiliation with the other party. that matters. and if you keep that secret, then it sounds like politics is out of it. when politics is the foundation of it, at least to a degree. steve: we don't know that. brian: what do you mean? we know he has a political. steve: we know he has a political foundation. brian: if you found out that he was working for joe biden or elizabeth warren or bill clinton, that might taint how much you believe the foundation of the entire investigation. emily: all wrapped up in the analysis. i have to agree with you that canonizing a whistleblower without knowing the full picture is a little over simplistic. i have been a support of a lot of federal investigations where the whistleblower had a lot more going on and frankly often charged with additional things. i'm not trying to imply that there is a criminal element to this whistleblower but

just that the fact that we kind of canonize this person as a saint before knowing anything is a little premature. steve: all we know about the person, the whistleblower, who is not guaranteed anonymity, then the folks can decide whether or not what they said was motivated by politics or something else. we don't know. brian: i guess they are going to slam dunk the whistleblower and try to keep him under wraps, see if republicans have success in finding out who it is. meanwhile, vice president pence slam dunks the nba. >> in siding with the chinese communist party and silencing free speech, the nba is acting like a wholly owned subsidiary of that authoritarian regime. brian: wow, more from him next. steve: and a circus bear, look at this, on the attack. not supposed to do that. the horrifying moments that left a crowd filled with kids in shock. we are going to tell you what happens next coming up. , you may have gingivitis. and the clock could be ticking towards bad breath, receding gums, and possibly...

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♪ >> some of the nba's biggest players and owners who routinely exercise their freedom to criticize this country lose their voices when it comes to the freedom and rights much the people of china in siding with the

chinese communist party and free speech the nba is acting of a subsidiary of that regime. brian: vice president mike pence you just heard him slamming the nba over its action houston rockets general manager's tweet. darrydaryl morey. steve: here to react the hill media report and radio talk show host i listen to him every night joe concha. the nba does not look good here. >> you don't think so? they look hypocritical. remember north carolina passes bathroom bill and says whatever bathroom you use has to be dictated by your legal gender and they pulled their all-star game out of charlotte because they are going to stand up to the nba and they are going to show them that they're on the right side of this issue. happened in arizona as well passed illegal immigration bill. the nba took a side there as well. now the nba won't stand up to china, so, yeah go, after north carolina and arizona when it comes to china not going to happen.

by the way charles barkley last night on tnt when he was supposed to be doing analysis of the nba, said that mike pence, who you just showed there, should shut the hell up about china. steve: you want to hear that soundbite? >> let's play it. very prepared. steve: you heard con charges tell the vice president to shut the hell up, number one. all-american companies are doing business in china. i don't understand why these holier than thou politicians if they so want to worry about china, why don't they stop all transactions with china? brian: this administration in particular tough with china. also want to defend the muslim uighurs prison basicfully concentration camps that was part of mike pence's speech. no one has been tougher on the china than the president. even chuck schumer would say that. >> that's exactly right go back to republican and democratic administrations clinton, bush, obama. doesn't matter, no one stood up to china the way this administration does. here you have charles barkley, right?

you know, this brian, he was made an incredible name for himself post basketball career exercising his right to free speech making provocative statements not just about the nba but about all issues. and now, in what is patent hypocrisy tells mike pence to shut the hell up and take it from china and not criticize the nba that's pretty rich coming from sir charles, his name should be comrade charles at this point. emily: what do you make of the nba collective bargaining agreement stand up for the national anthem but for our country and others in stark contrast, for example to the nfl which is why we had all of those controversies arising from that how does that play into the nba is so hypocritical especially with its players? >> shows in the end, emily, there are billions of dollars invested in china by the nba and because daryl morey, it's not like daryl morey did some sort of speech and condemned chinese government. this is a seven word tweet that contained a slogan and now here we are.

they have actually pulled nba merchandise from the houston rockets off shelves in china. brian: stopped streaming games especially for the rockets. real quick adam silver has been strong. after an initial weak statement he has been strong. i stand up for free speech. i'm not going to condemn it. steve: he says i regret what he said what he tweeted out. brian: his initial response but after that he says i back free speech. i also say this, this is wake-up calls to other companies knuckled under marriott, tiffanies, apple. they knuckled under when apple rose up and condemned them they have done it. all these hollywood movies changed their scripts for china this is a wake-up call. stop it, give up the billions to make billions here and stand for something. >> and i just wish, brian, when we see these democratic debates, for instance on cnn just a couple weeks ago, do you know how many times china was broached by the moderators? three hour debate? emily: none. >> a number when you get when you multiply something by zero. zero. china is a huge topic and we are not talking about it in

our media because it's just not sexy enough, guys. steve: joe concha. >> good to see you, steve. >> thank you. brian: coming up next, even though everything pails to joe con challenge. the justice department review now turning into a criminal investigation. steve: so what does that mean and who should be worried? congressman john ratcliffe texas republican joins us live. he has some ideas next.

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call, click, or visit a store today. underway right now for whoever shot at officers enforcing a road closure near los angeles. this video shows firefighters flying a helicopter over the flames and black smoke from the

fire. another major wildfire is burning in northern california. utility company pg and e could shut off power to millions in weekend to prevent new fires. tulsi gabbard says she is all in on the 2020 presidential race and she will not run for re-election to congress in 2020. >> at this time when our country is so divided, and our world is moving ever closer to a nuclear holocaust, i believe that i can best serve the people of hawaii and our country as your president and commander-in-chief. the army national guard veteran has served hawaii's second district since 2012. a russian agent accused of being a spy will be released from prison and flown back to moscow today. maria batina sentenced to 18 months behind bars for infiltrating conservative groups on orders from the kremlin. two ice agents will escort her from a florida prison as she is deported to russia.

she got out a month early for good behavior. those had your headlines, steve? steve: all right. thanks, carley. a fox news alert. sources confirming to fox news that the department of justice review of the russia probe now being led by u.s. attorney john durham from connecticut is now a criminal investigation. that breaking news coming almost simultaneously as inspector general michael horowitz has revealed his report on possible fisa abuses nearing completion. what does that all mean? joining us right now with reaction from dallas, republican congressman john ratcliffe. john, good morning to you. >> good morning, steve, good to be with you. steve: it's good to have you. you see a direct connection between the lead story that first broke on the "new york times" yesterday that apparently now this is a criminal investigation with the fact that mr. horowitz has announced yeah, my report, which is about as thick as a phone book, is coming out very shortly and it's essentially going to lay out the road map why there is a criminal

investigation now. >> i do. this is not a coincidence that it's happening at the same time. inspector general michael horowitz' report looks into potential fisa abuse. steve, you remember that republicans put out a memo that said that obama administration officials in the department and the justice and the fbi appeared to have abused the foreign intelligence surveillance act and court to obtain surveillance on carter page. democrats put out a memo saying that's a bunch of nonsense. the fbi and the department of justice did everything right and how dare republicans malign good people like peter strzok and bruce ohr and so we're going to find out who was telling the truth. i think that these two things are related, that the work done by michael horowitz could result in criminal referrals, even though the report hasn't been released. the referrals could already have been made. but, regardless, john durham had to let michael horowitz

finish this work and i think when people read the inspector general's impending report, it will be very clear why the durham investigation has now moved to a criminal probe, which will allow him to impanel a grand jury and bring in witnesses and ultimately, perhaps, bring criminal charges reports and people who think they could be involved in this have hired attorneys. now, congressman, not only will it show, you know, whether any laws were broken at the department of justice or the fbi or, you know, corners cut or anything like that. but it could also show whether or not there was coordination between the agency or if there was coordination, perhaps, with the obama white house. >> all of those things are possible, as you know, based on text messages that we have seen and testimony that is there. look, there has been one inconsistency after another

in terms of sworn testimony and documents that have been produced, just as one example. fusion gps founder glenn simpson, the person behind the steele dossier testified before congress that he had never met bruce ohr until thanksgiving. after the election. bruce ohr told me in sworn testimony that he and mr. simpson met in august, months before the election to talk about the does yea, so, someone very clearly is not telling the truth. steve: right. >> there is a lot of low hanging fruit there that john durham and michael horowitz have been looking at. again, at the end of the day, i think that those of us that have said that this was not a bunch of nonsense are going to be vindicated in both of the reports that are forthcoming. steve: but, congressman, the "new york times" says the criminal investigation raises alarms that the president is using the department of justice to go after his enemies.

>> well, the department of justice was used to go after enemies but it was in the prior administration. that's what the focus of this is. all of these things, all of those questions began to occur before donald trump was ever elected president. when he was candidate trump. and so the things that we're looking at took place and can be verified before donald trump ever put his hand on the bible and became our president. the fact that we need to look at thor begins of this and someone like bill barr was troubled by the lack of a predicate to investigate donald trump as a candidate really is what lit the fuse behind us. many of us, kevi devin nunes try gowdy and others have been saying obama administration took a vital national security tool the foreign surveillance ability and misused it to surveil for political reasons. i think the inspector general's report is going to

say whether or not we were right when we -- when we raised those questions. steve: well, if that is proven in a court of law, that would be just stunning. it would be one of the biggest scandals of all time. congressman john ratcliffe a member of the house judiciary committee joins us today from beautiful class, texas. congressman, thank you very much. have a good weekend. >> thank you, steve. steve: all right. meanwhile, moving on, hold the applause, please. it might trigger somebody. seriously. we are talking about the major university that just banned clapping. don't clap for mark steyn. it's going to trigger him. stop it. give the jazz hands. that's right. he's next ♪ ♪ let's get down to business.

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♪ brian: congratulations, i was not humming that song but i should have been. emily: clap, right? steve: look who is here our buddy mark steyn author and columnist. >> good morning, guys. emily: welcome, thank you for joining us. emily: we wanted to talk about the fact that we have the "new york times" columnist suggesting that president trump will use mob tactics to rough up impeachment witnesses and urges democrats to take precautions. >> yeah, i find this very -- for a start, you can't rough up the whistleblower because apparently he has gone -- he or she has gone to the bahamas for the next six months. they are nowhere in sight. and the other -- most people i have been talking to so far are like the whistleblower, the cia officer, there is generals. the idea that these are kind of weak people whose testimony can't be questioned is absolutely. brian: i have a theory.

when they are exposed, they are going to have an extreme democratic bent. >> yeah. brian: diminish their credibility. that's why you keep them hidden. >> that's the point. this idea that, you know, that you have the right to confront your accuser in open court, that predates america's existence. that predates magna carta. that goes all the way back to roman law. it's in the bible whatever roman governor there was that said that about paul that he had the right. brian: pontius pilate. >> no, it wasn't. another one. porkous pig or something. brian: look that up? [laughter] >> i just failed bible study with ainsley. it's in the aapostles somewhere. steve: i'm sure have you offended many people. the whistleblower has no expectation of anonymity. why not? here's what paul krugman tweeted out, columnist.

first it was phase one. and he is laying out what the president has been doing. phase one, try to discourage any investigation, check. phase two, try to stonewall, telling officials don't testify. check. phase 3, physically disrupt the hearings. i guess he is talking about where they walked in a couple days ago. and phase four, question mark, question narcotic, mark, question mark. i hope schiff, plos et al. are all thinking about precautions. anything is possible. sounds ominous. >> what's happened is adam schiff has turned impeachment into the fisa court and turned the president into carter page. you cannot have a situation where you're conducting -- this whole thing is like impeachment dinner theater. he is in a subbasement scif, you know. brian: impeachment. >> secure compartmentalized information. there is no reason to be in a scif. if you can have a scif for, this oh, can i book the scif for my daughter's birthday

party? [laughter] >> it's ludicrous. steve: have a scif. brian: do voiceovers. >> let's do the show right here. brian: i have a disturbing story that i think we need to weigh in on. are you ready? in texas there are some parents that have a 7-year-old who evidently has expressed as a male that he wanted to be a girl. steve: he's 7. brian: 7 years old. so the parents, the mom wants to go ahead and make him a girl and the dad says i do get a vote here? a court ruled in the latest ruling that he does get a vote. >> which i think is largely due to the public outcry over. this regardless of you who the court rules. of the idea that courts are in fact determining what sex your child gets to be. brian: as a 7-year-old. >> is nuts. what a kid thinks at 7 is completely different from what that kid may think at 13 or at 17. the trouble with all of this stuff, if you put him on

pursuant blockers and everything, even if he changes his mind, in 10 years' time, he will be impotent. he will never be able to be a father. he will never be able to have children of his own. there is some ludicrous case in britain just last week about someone who transitioned at 15 from a boy to a girl. changed back at 18 from a girl to a boy. and then changed back again at 21 from a boy -- this stuff -- the social pressure has galloped a thousand miles ahead of where the science is on this nonsense. emily: one more topic for you, mark. clapping is canceled. oxford has banned clapping anxiety trigger and suggests jazz hands instead. >> i personally find jazz hands far more triggers -- it reminds me of justin trudeau in black face singing mammy. i actually find that far

more offensive. but it's this weird combination, the idea that of extreme vulnerability and extreme bullying. the idea that you are so sensitive, so twitchy that you have to bully everybody into not clapping. i mean, if you cannot withstand applause. steve: right. >> you know this, brian. we have all walked on stage and there has been none,. [laughter] >> you don't feel safe. brian: right. brian: you were not supposed to be bringing me into that talking point. i have no idea how i got involved in this. steve: brian we have got some video. brian: wait a second. don't roll it. >> that can be triggering. brian: you can't go through life living in a bubble. john travolta got out of that bubble in the 1970s. built up im3450u7b9 and went on to welcome back cotter.

you cannot live in a bubble. if they are doing it in oxford they're coming for us. >> oxford, students are always slightly nuts here. this was 90 years ago they did voted for this house will not fight for king and country. that's actually, whether you agree with it or not, that's a kind of a serious stand. when they are voting to just mandate jazz hands. i'm sorry, i don't want totalitarian come missiles saying i have to go around like this all day long. steve: i got news for you. let's applaud right now hosting "tucker carlson tonight" at 8:00. >> hold your applause. steve: they will. brian: stop staring at me. steve: thank you very much. meanwhile, you cannot go anywhere it seems without some liberals complaining when the president says something like this. >> democrats are lousy politicians with lousy policies. >> you can't beat sleepy joe. >> elizabeth, pocahontas warren. crazy nancy. she is crazy. steve: our next guest says voters are not surprised by

the president's language and they don't even care. find out that story coming up next. brian: sounds like something mark might do with tucker today ♪ ♪ i need a ride. here hold this. follow that spud. [ tires screech ] the big idaho potato truck is touring america telling folks about idaho potatoes. and i want it back. what is it with you and that truck?

get the perfectly grilled flavors of an outdoor grill indoors, and because it's a ninja foodi, it can do even more, like transform into an air fryer. the ninja foodi grill, the grill that sears, sizzles, and air fry crisps. carley: lori loughlin's husband says he worked the system to get his daughters into college. new court documents show he emailed his accountant a $200,000 bill from admission scandal master mind rick singer. giannulli wrote my daughter is in bad news is i had to work the system. the couple among 11 parents hit with new charges this week. actress felicity huffman pleaded guilty to her role in the scandal. she will finish her two week prison sentence this weekend. a circus fair turns on its handler during a

performance. watch this. >> watch this. the screams can be heard as the 650-pound brown bear performing in russia slammed the trainer to the ground with spectators just feet away. an assistant stepping in to help. neither the bear or the trainer were seriously hurt. that is terrifying video right there. yikes. steve? >> all right. thank you, carley. many on the political left claim that washington has lost its civility ever since president trump came to town, pointing to remarks like these. >> i think the democrats are lousy politicians with lousy policy. >> you can't beat sleepy joe. >> elizabeth, pocahontas warren. >> the "new york times," which is a fake newspaper, we don't even want it in the white house. >> crazy nancy, she is crazy. and shifty schiff. how about this guy? >> an illegal, invalid, and unconstitutional bull [bleep] impeachment.

>> in a new op-ed our next guest says rhetoric like that is nothing new to d.c. politics which is why it's not surprising voters don't think it's qualifying. steve: here to explain book editor at "the federalist" mark hemmingway joins us from d.c. mark, good morning to you. >> good morning. steve: so we tore believe that washington, d.c. was a really civil place before donald trump came to town, right? >> oh, that's exactly right. i mean, there is this sort of narrative of, you know, the official rules for civility in washington. and that, you know, that we are all being adhered to and donald trump shows up and blows this all up. part of the problem is that voters sensed this huge disconnect between, you know, the press papering over everything that say obama said and did, you know, when he, you know, sued nuns over abortion and he gave gun teoscar tells and cashed terrorists. and yet the media would go

out there and excuse this sort of thing even though a lot of people perceived it as a threat. this is a situation where i think voters are fed up with it. emily: obsession with it it's really not disqualifying to them. why does it continue to be an issue? >> well, that's a good question. i think the reason why is there's a sort of center left consensus among elites in washington, d.c. that, you know, they -- their livelihood and everything are threatened by anyone that comes out and challenges this for them. and the entire frame of debate in this town is basically based around delegitimizing anything that threatens that so then you end up with these situations where if you want border security you are xenophobia. if you are against abortion you are sexist. if you think showing your i.d. is a reasonable voter security precaution, you are racist. these are not like normal

political points where we are debating policy. this is language designed to dehumanize people. and, yet, it is perfectly acceptable to go on television and say these things every day even though it's completely ad hominem. steve: your whole point is washington was very civil before donald j. donald trump came to town. we read your op-ed, mark. we put together some sound bites that parallel some of the things you said. it was uncivil a lot sooner than back in 2016. watch this. >> we don't mind the republicans joining us. they can come for the ride but they have got to sit in back. >> not surprising that they cling this their guns or religion or antipathy toward people who aren't like them. >> you can put half of trump supporters into what i call the basket of deplorables. >> racist, sexist, homophobic, xenophobic, islamophobic. you name it.

steve: so, in other words, if you think washington became uncivil, mark, with donald j. trump, people have not been paying attention. >> that's exactly right. i think other than that, you know. when trump does this sort of thing. he tends to use a lot of hyperbole and very transparent. you know what trump thinks nobody is making excuses about it. when hillary clinton said that line basket of deplorables and went on to say worse things many trump voters were, quote, irredeemable. npr wrote a story saying we have to understand this in context. emily: what i love is that you are pointing out the fact that there is disdain coming from the left directed towards those who eventually supported trump whereas now what we are hearing from the president is literally honesty? >> exactly. well, it is honest in terms of you who he thinks. certainly i wouldn't defend everything that he says. emily: yes. >> yes, absolutely.

steve: mark, read about it in the federalist. thank you for joining us live. >> thanks for having me. steve: meanwhile childhood obesity is triple since the 70s. next guest is leading the fight against it. body by jake. he's going to join us live.

one in every five kids living in the u.s. is overweight. if that wasn't bad enough only 38% of kids are playing team sports on a regular basis. ladies and gentlemen, this is a crisis. and our next guest the fitness icon is leading the charts against all those things and so much more. one of the things he is doing is giving away fitness to schools across the country. jake. great to see you. >> first of all, this place

is is auto whole new world. >> we just cleaned it for you. brian: you are teaming with different governors. you are not saying government money. >> all public private partnerships with companies bike coca cola, anthem, nike and wheels up. i call governors cold. this is not a democrat or republican issue. this is a kid's issue. i call these governors. we have $300,000 brand new fitness centers. i go to places where no one goes. i will tell you this. we put a fitness center in elementary and a middle school, it's amazing to see what happens. test scores go up, gang violence down, teenage pregnancy down. there is this upward spiral of success. is it s. it becomes the hub of a community, brian. to see what really happens. i have been really -- well, let's see, i just got back from rhode island, michigan, missouri and minnesota with each of those governors. and i'm here to tell you that we live in a great country. and there are great things going on. and sometimes it's the

people who have the least who do the most. and it's invigorating to travel the country to see how terrific these people are and working so hard. brian: these corporations trust you. you told them about these projects. schwarzenegger asked you to take over fitness in california. >> in california. >> you have grown since then. corporate america to give back. >> public private partnerships. this is not a grant. it's a gift. the government is in to grants. we are in the gift-giving business. very different, great story written about me where it says jake is like santa claus except with a 33-inch waist. i say 34 but i will take it. brian: got to be accurate. 70% of kids stop playing by ninth grade alarms you along with the obesity situation. >> kids today really interesting. kids growing up have lost the joy just to play a sport. today it's all about getting recruited. if you are a 7-year-old and i say honey let's go throw the ball around i'm not that good. you are 7. of course you are not that good. they have lost the joy and passion. i launched the world series

youth lacrosse six years ago after looking at the little league world series for baseball. it has gone exceptionally well, and now we are going to launch into hockey and rugby and a number of other sports. brian: look out jake, you are a force. thank you very much. >> that was a quick one. rection. ...and got them back on track. get started at fastsigns.com. billions of problems. morning breath? garlic breath? stinky breath? . . at walmart. chevy's the only brand... to earn j.d. power dependability awards... across cars... trucks... and suvs. four years in a row. since more than 32,000 real people... just like me. and me. and me. took the survey that decided these awards. it was only right

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♪ don't stop thinking about tomorrow ♪ steve: in washington, they're thinking about tonight the, nationals square off against the astros. will they make it three in a row? stay tuned for that. here is geraldo rivera. >> happy to see you. emily: happy to see you again. brian: by the way for the texas viewers houston astros have the ability to bounce back. it has happened before. steve: so diplomatic. brian: texas is our bedrock.

steve: historic game for washington. we have a fox news alert. john durham has apparently expanded the russian investigation. now it is a criminal investigation. what does that all mean? >> it means, the u.s. attorney in connecticut, they appointed as a special prosecutor in this case has now elevated the probe into how the investigation of president trump started to a criminal inquiry. which means there is a reasonable belief, or reason to believe that is a crime or crimes were committed. so you were talking about in washington they're thinking about tonight, playing the houston astros, the night sweats, epidemic of night sweats yesterday, they are thinking with impunity, we used the awesome power of the federal government to pursue in a reckless, relentless way the president of the united states. now guess what? steve: for political purposes. >> we'll discern their motives.

some are obvious. when it becomes clear these rao people who had the audacity to accuse the president of the united states essentially being a traitor, essentially being a spy for the russians. a person, a president who put interests of our principal foreign adversary above the country he was sworn by the constitution to protect. brian: some cia people hired lawyers in anticipation of interviewed. it was not clear whether he was interviewing other top intel officials. they start with the -- steve: ig report. brian: could the report show officers, low level officers in the cia are going to need lawyers? that is the indication. they will work their way up. >> we don't know how far up the food chain decisions were made. brian: you start low? >> start with michael horowitz, the inspector general's report.

here is the fisa warrant that allows the wiretapping of key trump aides. now you wiretap. now you are really spying. trump, what people thought was a paranoid rant talking about wiretapping in the trump tower. guess what? there is wiretapping in trump tower. i have no doubt. they tried their best to delegitimatize donald trump as a tool of vladmir putin. they tried in a way that was, if you read the newspapers, if you followed the story as it unfolded, in a way that was obscene, in a way that was reckless. in a way that was they had used everything with seeming impunity, that nobody would ever tough them. that the president was a bad guy. they were going to get him. if they were not getting him that way, make him crazy. the 25th amendment would be invoked. rod rosenstein would use the 25th amendment. they were wearing microphones to

wiretap the president of the united states. guess what? it all came out zero. emily: geraldo let me ask you about this. john durham was hired to investigate the alleged cia abuses. he was lauded by both sides of the aisle. democrats say he is pursuing political agenda, political bias. what say you. >> that is so act root. so here's the first of all it is a big story but it's a tiny headline but it is on the front page of "the new york times." barr refocuses russian inquiry on own agency. in other words we're now investigating the investigators. but almost immediately, if you just read down "the new york times" dim minimizes its own story by saying, fear that trump is using justice department to chase perceived enemies. immediately they undercut the motive for the investigation. they're not caring about the fact that power of intelligence

agencies were used to undermine the president of the united states. they're scared they will get caught for exaggerations and lies. the mueller report found zero u.s. participation in any alleged russian collusion coordination. no americans were involved. steve: we had john radcliffe, congressman from texas half hour ago, he made the point the department of justice was used by the administration, it was the administration during barack obama. >> here is the fascinating prospect or possibility, however remote. if you're going up the food chain. now the food chain consumes james clapper the head of the national security agency, john brennan head of cia. what is above that? how far up do you get? go through the attorney general. where are you? you're in the white house of the 44th president. did barack obama know that the intelligence agencies were

seeking to delegitimatize his successor? at what point did know? what did he authorize? what role did he play? steve: clapper or brennan do it on their own? >> susan rice, these are personalities, when you say low level, cia, fbi people are retaining criminal defense attorneys, i predict in the next week or two you will see a run on defense, criminal defense attorneys in washington, d.c., further up the food chain. steve: how high? >> how high we'll see. this was the rock up the hill. this would get trump thrown out of office. so what, we don't have the evidence. now the rock is coming back on them. that vivid metaphor works. brian: the desperate right upper cut even though to win, you're groggy is the impeachment push. that could be the last gasp of an old intelligence apparatus

trying to get a president relentlessly. >> is that consciously or subconsciously the reason they are conducting the impeachment inquiry in secret? how can they, seeking to again delegitimize the president. they have been trying to get out of office from the second he took the oath of office. is this their secret plan to do as much as they can out of plain sight, deprive the president, they say we are talking about process. we are talking about due process. the president has all the constitutional rights and i think the impeachment will fail. steve: speaking of process it, was nancy pelosi changed rules came to tran described depositions we wound up with so-called star chamber. >> or kangaroo court. i really do believe, what the republicans did the other day storming the secret chamber -- steve: where they walked in? that is not exactly storming.

>> were i the president i would fight everything. i would cooperate with nothing. unless and until they open this up to a vote just as there was a vote in 1998. just as there was a vote in 1974 with nixon. '98 with clinton. there has to be a vote. if they want to go after the president with this most profound weapon in the constitution, then by god we have to know who is for this, who is against it. brian: let's move on. emily: we know someone who is definitely for it. that would be joe biden. also suggesting that trump's children working in the white house is improper. take a look. >> do you believe president trump's children have acted properly and avoided conflicts of interests? >> their actions speak for themselves. i can just tell you this. if i'm president, get elected president, my children will not have offices in the white house. my children are not going to sit in on cabinet meetings. >> what is improper about that. >> that is simply improper because you should make it clear

to the american public that everything you're doing is for them. go to the extent that he has gone to have, you know, his children as, son-in-law, et cetera, engaged in the day-to-day operation of things they know nothing about. brian: people he can trust. brad parscale running election campaign, joe biden is correct at one point hunter biden would november have an office because his only qualification he is son of joe biden. hunter biden had this international tie according to nbc, romania, representing executives, where his dad had interest in romania, gutting some of the corruption. >> that probe is just beginning also. i feel sorry for hunter biden. you know is young man, 49 years old. in and out of rehab. thrown out of the navy because he tested positive for cocaine. he grabbed on to these, glommed on to his dad's coattails, got

these jobs. i think, i feel sorry for the bidens. steve: he would be in the news unless his dad -- >> unless they were investigating corruption in romania, ukraine or china. i visited with jared kushner, ivanka trump in action. at a time they were surrounded by backstabbers, vipers, snitches. brian: all books released. >> ivanka working, given up ceo position in her firm. working for no pay. a trusted loyal aide to her dad. one of the few people he really could trust during that tumultuous period. jared kushner, the grandson of holocaust survivors, negotiated a move of the u.s. embassy, i move i opposed i understand people are for it, from tel aviv to jerusalem, he really did that he has also done great work in criminal justice reform. he is mensch.

the guy has done a good job for his father-in-law. both working for no pay as the president is working for no pay. to compare these two high functioning, real executives deep experience with hunter, troubled young man who landed the position because his dad was loving and helpful, i believe, is really, apples and oranges. the fact that they are children is -- brian: what hits me? 60 minutes usually has explosive sound bites to sell an interview, if that is their explosive sound bite you're going to sleep through it. emily: not exciting. >> i think they are terrific, ivanka and jared. brian: talk about terrific, have you met carley shimkus? >> let's see her. carley: we'll get straight to a fox news alert right now. two new people, two new people are under arrest in connection to 39 people found dead in refrigerated truck in england. a man and woman are charged with

manslaughter and conspiracy to traffic people. the bodies were found inside of a truck 20 miles outside of london wednesday. all of the people found dead were chinese nationals. their cause of death has not been confirmed. the truck's driver also arrested. also breaking right now, deputies dodge bullets as they try to protect their community from a raging wildfire. a reported search underway now for who shot at officers, forcing a road closure near los angeles. the video shows firefighters flying a helicopter over the flames and black smoke from the tick fire. another major wildfire is burning in northern california. utility company pg&e could shut off power to millions this weekend to prevent new fires. search in gulf of mexico after a cruise ship passenger goes overboard. they are scouring waters near galveston, texas, hours after the carnal dream left on a

four-day cruise to mexico. in a statement, carnival cruise line says it appears the guest jumped from the state room balcony. scary story. steve: that is terrible. thank you, carley. here is a question. can a mobile hygiene unit put a dent in portland's homeless population? officials hope so. brian: our next guest who works in the heart of the city says they're not getting to the root of the issue. here is his story. nt it back. what is it with you and that truck?

♪ emily: welcome back. another major city on the west coast is battling a burgeoning homeless problem. in oregon, more than 2,000 people are living on the streets including the city of portland. brian: portland launched a homeless outreach program which includes mobile hygiene stations. many residents say this is a band owed on a chronic problem. he works downtown with homeless people camping near his front door. he has a store that this certainly affects his business. how do you feel about the hygiene units. is this a sign of desperation? >> good morning.

to be honest, that is a bandaid for the situation. we have to figure out that homelessness is just a umbrella term where it is not just homelessness. it is mental illness and also the drug abuse of downtown portland. brian: so you got the homeless population. look at these numbers, in 2014 over 12,000. 2018 over 14,000. that is 19% increase. we're still calculating high numbers of 2019. what is about oregon that that you have as high as california? why you guys? >> i think we have it so bad because we have great programs to assist them in living situations and food, shelter. the weather, temperate climates, it is nice all around the seasons. emily: right. so michael, what i'm hearing too, what you're explaining is,

that there are a lot of converging factors that lead to homelessness in that area. primary addiction, drug use and abuse and mental illness factor. by putting the hygiene stations out there, the city is essentially triaging a symptom but not the underlying problem, without effective enforcement of the law there, nothing is getting done. is this harming your business and how? >> yes. absolutely harming our business. i have constant people come in, running out of the street saying that they do not feel safe. visitors, tourists come in, what is not safe part of town? or they just don't people comfortable because of all the drug abuse, having people shoot up outside of our door, even like when, pretty much sleeping out on the curb. people are just like, oh, my gosh, what is going on? emily: brian cited rising

statistics unfortunately happening in the city along the west coast. do you see it? do you see on daily basis explosion of hopelessness around you? do you feel that as a resident? >> oh, absolutely. bad part about it, working downtown, living downtown, we're becoming jaded about this. we just don't understand that we need to have a lot more sympathy to actually fix this problem. brian: sounds like you don't have housing. it is mental illness, drug abuse. we have to get ahold of this. it is not political but we need politicians to act. >> exactly. brian: corky's give shop, boys forward is the name of his organization. michael, thanks. chicago's teachers have been on strike for a week. what are they doing instead of teaching? this? emily: plus the washington nationals return home tonight to look to continue the world

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♪. steve: headlines on the friday. striking chicago teachers learning to do the dance to the song "thriller" by michael jackson. they claim they're keeping energy up for their students. they are looking for smaller class sizes and -- emily: i would do that if i was protesting for eight hours at a

time. brian: maybe it is the fame high school. could it be that. steve: i don't think so. it is in chicago. fame high school is in new york. private group of tennessee is raising bail money for illegal migrants. >> we are here because we believe that bail punishes and imprisons people simply because they are poor. steve: that group wants to raise $20,000 in hopes of reunited local migrant families. they came undocumented immigrant being taken to i.c.e. centers before the trials. the money would be used for people accused non-violent crimes. brian: what about this? things's capitol buzz something baseball fever as the washington nationals and houston astros face off in game 3. emily: nationals park has 41,000 seats as steve pointed out a couple hours ago, apparently the

cheapest tickets are going for $2,000. steve: the average. emily: luckily enough concessions stands to feed hungry fans. steve: i've been there. "fox & friends" co-host, jillian mele joins us from national as park with the preview. jillian: that is for sure. i promise we get to that for one second. the official rally towel, finish the fight. you will see 40,000 of these. in a few hours it will be a different scene. the grounds screw is out there putting finishing touches on. guess what we have a chef putting finishing touches as well. this is the chef vince, the senior executive chef. this is not ballpark food. this is not hot dogs or crackerjacks, peanuts. what are we looking at here? >> this is little bit of the fall, having some fun with items

here. jillian: what is this? >> because of the amazing run we've had, calling this winner winner, turkey dinner. jillian: i get it. you like doughnuts. this is your specialty. >> homage to the dmv. we're putting in a doughnut, delicious. jillian: i've been eyeing this thing up for hours. get in here, guys. see this. taste that. that is all chocolate. that is a chocolate bag, right? >> that will be a edible dark chocolate bag, white chocolate mousse, seasonal berries and brown any. >> that looks insane. it looks delicious. >> thank you. jillian: how do you come up with this. you added couple items for the world series. are you constantly thinking of new creations? >> we try to look at trends. try to see what we can do to

represent the dmv, the district. it is amazing culinary team, all that together, energy of the team. energy of the city. this is how we do it. jillian: the first home game in the world series. thank you for giving as you preview of all of this. tonight is 8:07. game time happens for game 3. it has been 86 years since there has been a world series game in washington. 1924, the last time a team won in washington. that was the senators. big night for the fans. no other way to describe it. brian: astros have the ability to bounce back. that is what will make it so exciting. joe buck will have the call with john smoltz. jillian, great job. as soon as we say good-bye you can start eating. let's say good-bye. jillian: i need to say good-bye. brian: great job. steve: meanwhile the russia

probe is criminal. what does that mean? we called in a lawyer. judge jeanine, come out, you're next! ♪.

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>> spying on a political campaign is a big deal. the question whether it was predicated, adequately predicated. i'm not suggesting it wasn't adequately predicated but i need to explore that. steve: he needed to explore that, attorney general bill barr judge jeanine, host of the justice with "justice with judge jeanine". after we heard him say spying occurred he felt back in the spring. the news, john durham, u.s.

attorney from connecticut, he changed the russia investigation into the origins of the fisa stuff from just an inquiry. now it is a criminal investigation. how significant is this? >> it is very significant. with that categorization he has the ability to impanel a grand jury. steve: couldn't he do that before? >> no. it was voluntary up to that point. right now, he has based upon a reasonable indication that there is some criminality, he can impanel the grand jury. he go forward. what is the grand jury for? ultimately to indict or not to indict. they had an obligation to do this. once the russia collusion, was shown to be nothing other than a fraud on the american people, and a tremendous harm on this country, then the attorney general -- what caused this whole thing. there are a lot of people shaking in their boots right

now. but i think the americans can be comforted by the fact that you have a guy by the name of durham, who is liked by, appointed by presidents on both sides. he has a reputation that is stellar, unlike andrew weissmann who was brought in by mueller to indict, whatever they can do to the president. brian: john durham is very interested in questioning james clapper and john brennan. >> what a shock. brian: do they have to comply? do you look for them to comply? >> if they get attorneys they don't have to comply, i plead the fifth, i'm not going to testify. as prosecutor who impaneled grand juries as a judge, now they don't want to talk? my antennas are up. there is no question this is something where the fbi and highest levels at the department of justice were engaged in an effort to overthrow a sitting

president, from a candidate to a sitting president. now we know that they apparently lied about the fact that the, they said the yahoo! story was something michael isikoff came upon by himself -- steve: they fed it to him. >> they gave it to him. of course they did. in addition to that there are other lies where they didn't tell the court. they obscured the fact that hillary clinton paid for the dossier. as a judge myself, if you present that kind of evidence to me, it is paid for by an opponent, and you don't tell me? there would be hell to pay. forget about worrying whether or not they will be indicted. this goes all the way up to the white house. i say that -- steve: how high in the white house? >> i don't know. who lives at the white house, you tell me. brian: which white house? >> we're talking about the obama administration when this all started. a counterintelligence investigation is something that the white house has to be notified about. when you have got clapper, brennan, comey, all of them,

dni, cia and fbi engaged in this activity and right before obama leaves, he opens up all these intelligence agencies, nsa, so they can communicate, throw this stuff out in the public, i mean you don't have to be a rocket scientist to figure out what to do. now the democrats will say, this is because we're going to impeach him. first of all this impeachment is nonsense behind closed doors and what they're doing as far as i'm concerned is in violation of all of the rules. they can call it whatever they want. emily: judge i have a question, going back a couple minutes, when you say people are shaking in their boots, explain to viewers, why it is so important, what it means, we're hearing from "the new york times" that cia officials are lawyering up with criminal lawyers? how much do they know, how much do those officials know that the public doesn't know yet? >> they know what they did obviously. what they will do, they will get attorneys. the attorneys talk to each other, so they now how far they

will go, what they have. they will have to tell the attorneys everything they did, which of course is protected within the attorney/client privilege. but yeah, i mean the gig is up, baby. you have got an organized criminal enterprise trying to take down a president of the united states. something is going to break. i write about this in my book. i talk about rats jumping the ship. brennan at odds with comey. comey is at odds with rosenstein and peter strzok is at odds with himself. brian: mccabe. >> mccabe too. everyone is concerned mccabe, why isn't he indicted a federal judge said you better indict this guy. they're trying to figure out where mccabe is in the bigger case. they're on the cusp, going getting evidence that they need. emily: we have a a wapo headline, they say

whistleblower's testimony is unnecessary because other witnesses come forward. >> you know why the whistleblower he is not a whistleblower he is cia agent. this is part of the intelligence community, clap, brennan trying to take down the president. we need to hear from him. he needs to be cross-examined. we want to know what his relationship is. previously only interested in the transcript and record which is not a problem. everyone, that transcript is not a problem. all the rest is white noise. but now that schiff is running away with his alleged witnesses trying to hide the whistleblower, trying to protect him, barack obama fired the whistleblower in "fast & furious." schiff is running around protecting him. i want to know who this guy is. i want to cross-examine him. steve: you're not the only guy that wants to know. ukrainian stuff started with the whistleblower. the whistleblower, transcript of the call was never going to be

released. democrats thought. >> right. >> whistleblower had the story out there. it showed everybody and now, they don't need the whistleblower. >> yeah, they don't need the whistleblower. you started it, you finished it. i want to know who he is and who -- brian: absolutely. whether there are democratic links. >> we already know that. >> the word according to some reports the president knows who it is. you talk to the president. do you think he does. >> do you think i would tell you if he did? brian: yes, i think he would. >> you think i would? [laughter]. steve: a number of people in washington surmised who the whistleblowers are. >> yes. there are two. there are two. brian: breaking little by little. breaking it down. >> you're not breaking it down. no worries, but the truth is there are people in the white house who want to take down this president. that is the sad part. brian: what about anonymous?

>> that book is coming out. steve: people in this white house? >> yeah. what do you think this whistleblower is from. he was working in the white house. steve: part of the intel community. >> gambling in casablanca. brian: i don't know what you're referring to. >> that famous line. judge, thank you very much. have a great weekend. we'll watch. >> thank you. when are you going to co-host the show with me? brian: it is all about money. how much will you pay me? >> how much do you pay myself. we don't have a budget. brian: comes out of the pirro fortune. >> what? brian: absolutely. emily: carley, take it away. carley: more headlines this good friday morning. a comedy show was no laughing matter for some people who spotted harvey weinstein in the audience. >> nobody is going to say anything? nobody is really going to say anything? carley: that woman was asked to leave a manhattan bar. a comedian on stage called out

weinstein, she didn't know she had to bring her own mace and rape whistle. she was asked to leave. pictures of weinstein at the club. he is facing sexual assault and rape charges. he pleaded not guilty. a woman who crashed into a drunk driver, potentially saving lives, is speaking out. we showed you this insane video out of phoenix showing a jeep speeding toward as family pushing a baby stroller before another car hit into it. police say the woman inside of the car are angels. >> that jeep could have hit that family. it could have hit us. it's a blessing. >> i am not a hero. i think it was meant to happen. carley: no one was amazingly hurt. twitter coulding in hashtag struggle as the company struggles to sell advertising. twitter says it is addressing issues within the company.

we're not killing around with this one. check out the fat cat and its workouts. [meowing] >> good girl. that is good work. now -- carley: this cat cinder block was placed on weight loss program. it is not a perfect fit. cinder is not as catletic, as could be. uses one paw. her name is cinderblock. brian: one lazy cat. emily: one paw. brian: watch it all weekend. vice president pence slam-dunks on the nba. >> siding with the come night chinese party, silencing free

speech, the nba is acting like a wholly owned subsidiary of that authoritarian regime. brian: more from the vice president next. ♪. (male announcer) it's here. the rut. and for the next two weeks, this is where you'll be. it's your season, so hurry to bass pro shops and cabela's for big savings on the gear you need from top brands. the go hunt sale is going on now.

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chose the plan that's right for you. the call is free and there's no obligation. you know medicare won't cover all your medical costs, so call now! and see why a medicare supplement plan from a company like humana, just might be the answer. >> nba players and owners who routinely exercise their freedom to criticize this country lose their voices when it comes to the freedom and rights of the people of china. insiding with the chinese communist party, silencing free speech, the nba is acting like a wholly owned subsidiary of that authoritarian regime. brian: vice president mike pence weighing in on the nba china controversy slamming the association being too soft on the nation. author of war, how china took over while america slept.

retired air force brigadier general robert spaulding. are we waking up to this now? why, general? >> the nba is a famous organization. everybody sees it out in the limelight. i was sitting here in d.c., in the 2017 dealing with think tanks, lobbyists, consultants, lobbyists, all corporate america were essentially doing exactly the same thing. so it's pervasive throughout our society. not only that, brian, get this, my military retirement fund is going to buy chinese weapons next year because the federal thrift savings board decided invest 3.3 billion of my retirement fund into the chinese military. brian: that is ridiculous. there is an awareness of it. apple, mercedes, tiffany's, marriott, all have caved because of various protests from red china. why, when does this stop? is this a turning point? >> we actually have to enact policies that force it to stop.

right now all of these companies have a fiduciary responsibility actually to go over there and make money. the problem is they can't get it out. so when they classify their assets that they hold in china as level one assets, they get bonuses an pay on the basis of that. it affects their stock price. so we have to change accounting rules to not let them do that. the money is not coming out. brian: the vice president got under the skin of charles barkley who is on a scoreboard show, heard the vice president, said this. >> vice president pence needs to shut the hell up, number one. all american companies are doing business in china. i don't understand why he will holier than thou are worried about politicians, why don't they stop all transactions with china? brian: the president is, you're all for this, general? >> it is not just the economy that drives this nation. this is you are our values.

principles, freedoms. if we sell our freedoms, then why do we need a military? if we're not going to defend ourselves because the chinese will come in, buy it all, we deserve what we get. brian: lebron james feels differently. he says the general manager of the rockets should educate himself before he supports hong kong protesters. your reaction? >> well, i mean look, the hong kong protesters know they can be extradited to china and actually face you know, organ harvesting, all the things that happen in totalitarian regime. they're fighting for their freedoms. they're no different than our freedom fighters that fought for our independence. brian: yeah. shaq fully for the freedom of speech and backs the gm. i hope the nba realizes they have a great product, can't be replicated. they can starve the chinese people out something they want, their game. hopefully they make a stand.

other companies follow. i like what the commissioner said. he is strong on free speech. general spaulding thanks so much. congratulate on your book. >> thank you. brian: he was ahead of his time. grab the carving tools. taking pumpkin carving. sandra smith. >> this is important skill to have this time of year. it is friday, everyone. coming up what we're now learning about that durham investigation and how it is tied to the upcoming ig report. plus as we wrap another week, where do democrats stand with their push to impeach the president? we'll have an update. about one hour from now, the funeral for a congressman elijah cummings begins in baltimore. former president bill clinton and barack obama will make remarks. we'll look at the life of long-time maryland congressman. join us live at the top.

hour.

♪ >> well, today, we're taking pumpkin curving to the next level. we get a level how to carve pumpkins with, power tools. brian: finally. steve: here to show us now is erin mcmcdermott. they. >> they use power tools to fix things but we'll use halloween to have some fun. steve: 3/8 drill bit? >> can use any size drill built. this is commonly owned. everyone has this in the tool kit. we'll go easy. steve: all the templates are at mr. handyman.com.

>> you can download the whole template booklet. it tells how to use each of the power tools. we'll start with jack the cat. i would like you to use the big one. >> oh, boy. >> carve two eyes. you can use two symmetrical eyes all right. carley: i will go right here. steve: watch your finger. >> perfect. steve: very nice. >> you can give him a tail. we'll accessorize. carley: one more hole. stick the cat's tail in. >> if you like whiskers. steve: this template. >> you hit it. >> this is kind of your classic. you want to put it on the front porch. illuminate the front porch with candles. you don't need a face. >> the light you put inside.

>> then you have the moon in the center. >> i will take these out now. >> have you operated a saw like that? >> we have the finished product. you cut his face off. emily: amazing. >> watch your hands. steve: go slowly. emily: easy as pie. easy as pie. steve: this is not a good idea. emily: i'm a natural. >> a little more. you guys. >> hang his eyes inside. have some kind of a -- brian: more "fox & friends" in a moment. will we pull it off? mr. handyman.com. ♪.

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>> all right. check out mr. handyman.com where you can download the templates, booklet and enter their pumpkin carving contest. it's amazing. >> you want to know how to pull up a face, go to fox nation. >> sandra: new reaction coming into "america's newsroom" as we're learning that the justice department's review of the russia probe has turned into a criminal investigation now as investigators dig deeper into how the probe started in the first place. good morning, i'm sandra smiths. >> jon: i'm jon scott for bill hemmer. we learned of the development from sources familiar with the investigation. it gives john durham power to subpoena witnesses, file charges and impanel fact finding grand juries. >> sandra: this is how john ratcliffe explained it just a short time ago. >> john durham had to let michael horowitz finish this work. when people