heather: is tuesday, november 5th. happening at 4:00 am on the east coast a fox news alert. american ambushed. at least eight us citizens including 5 children killed in cold blood by mexican drug cartel while driving to a wedding. the military forces now being deployed in the wake of this horrific crime across the border. donald trump doing what he does best, rallying his base, touting his progress ahead of pivotal state elections today.

>> kentucky sending radical democrats a message, you will vote to reelect kentucky governor matt bevan who has done a great job. >> why the president says do nothing dems just waged war on the american people and are you ready to rock around the christmas tree oryza too soon? the radio station ready to go all in on the holidays, "fox and friends first" starts right now. ♪ ♪ i don't want a lot for christmas, just one thing i

need ♪ >> you hear that right. a little christmas music this time of year. is it too early? i think we should celebrate christmas all year long. you are watching "fox and friends first" tuesday morning. thank you for starting your day with us. donald trump speaking to a crowded to keep america great again rally in kentucky, the president touting the killing of abu bakr al-baghdadi and slamming democrat on impeachment. >> abu bakr al-baghdadi is dead. american special forces gave the world's number one terrorist a 1-way ticket to hell. the democrats launched an even more brazen assault on the nation with the deranged hyper partisan impeachment which and. corrupt politicians nancy pelosi and adam schiff, nancy out to stop wasting time, go

back to her district in san francisco. >> donald trump has great courage, faces down the fake media every day. we also now know the name of the whistleblower. the media, do your job. >> and we will make america great again, thank you, kentucky. >> look behind, did you see supporters behind him wearing a read the transcript shirt referencing the president's message to democrats on the impeachment probe. it is election day in kentucky and across several states. donald trump hoping his last-minute push for governor matt bevan will help them win reelection over attorney general andy bashir and in mississippi, republican lieutenant governor kate reed running against jim hood to

take over for governor bill bryant after two terms and in virginia republicans are hoping to win control of both houses of the state legislature, the state face scandals from governor ralph northron and justin fairfax this year. remember those scandals? the tables returning on house intelligence chair adam schiff. house republicans planning to call on him to testify in the impeachment inquiry. griff jenkins joins us live from washington where more hearings are expected today. >> reporter: they never end, the president wasn't just slamming the impeachment inquiry and the decision to formalize of that praise republicans for rallying behind him. >> with last week's vote the far left has declared war on american democracy itself. these people are lunatics. in the face of these attacks republicans are the most

unified that i have ever seen. i have been watching them in been a big part of them for a long time. >> reporter: the gop leaders, bringing it on adam schiff saying he should be there first witness. >> the minority leader, republican leader, saying adam schiff is the first witness. adam schiff is the first witness and give a deposition. >> they defied subpoenas by not showing up leading to what adam schiff says is evidence of obstruction. >> both of them defied congressional subpoenas and refused to positions as has been the case with eyewitnesses who have done the same thing. this will be further evidence of an effort by the administration to obstruct the constitutional duties of congress. >> reporter: this is how

democrats release transcripts from the closed-door deposition. and former ambassador to ukraine and former state department official michael mckinley, today the news from kurt is more hearings and including former national security adviser -- doubt if any will show. >> interesting how the leaks are leaking out like the portions of the transcripts at what time. thank you so much. despite the impeachment inquiry donald trump remains competitive in the key 2020 battleground states. mike huckabee says democrats are only pushing their quid pro quo narrative to avoid another trump victory. >> they said in 2016 he had no

pathway to win. the polls showed him losing but i kept telling people get out of washington, get out of new york, get out in real america and you will find out this is a movement he's going to win it in the meantime adam schiff is like the little boy in the woods with a shotgun over his shoulder, somebody somebody hunting for, i don't know, i haven't found it yet. that's adam schiff. he has no idea what he's hunting for. he just has a shotgun and is going out there, he has tried everything because he knows if donald trump stays on the ballot he wins next year, democrats only hope is a phony impeachment. >> new york times poll shows the deadlock between the president and the top democratic contenders, many of these differentials falling within the poll's margin of error. a long time ago, one year. fox news alert, horrible story, at least 5 american citizens including children guns down by mexican drug cartel. police say the family -- look at that, they were driving to a wedding when they were ambushed.

the youngest victims are 6-month-old twins. some of their bodies were found in this suv, it was on fire riddled with bullet holes, several people were reportedly kidnapped after the shooting. mexico is deploying troops to search for them. this may have been a case of mistaken identity. as the manhunt for the accused murderers and testify in california we now they broke out of jail through this hole in a wall and the moderate sheriff says this is only 22 inches wide, 22 inches. in one picture you can see a footprint left on the wall by one of the men. authorities say santos concept and jonathan salazar weaved between the walls and the pipes on sunday. there is a reward for information leading to their arrest in the meantime in california the fire doubles in size north of sacramento.

these photos showing flames scorching 1000 acres and it is only 15% contained. this is the state's largest utility company that says equipment may have caused another fire. pg and he is connected to 5 wildfires including the kincaid fire insulinoma county, hot and dry weather could elevate the fire risk this week. from california to texas, the state of texas making some progress on its promise to clear out homeless camps overwhelming the city of austin. aishah hasnie has look at the painstaking process. thank you for joining us. >> reporter: i'm standing inside one of the overpasses which was targeted by the governor of texas and was sweet yesterday it as you can see it looks exactly as it should. it is empty, an overpass except

for the dumpsters you see behind me full of months of stuff that was left over yesterday. this is by far so much better than what it looked like yesterday and i want to show you what we are talking about because it is unbelievable. take a look at this video. we are talking needles, feces, rats, we smell urine, we saw makeshift weapons. they came in with state police and cleared it all out. the homeless were allowed to keep some of their items but the rest, it all went into the trash. greg abbott taking action after warning city leaders to get this crisis under control after they legalized camping on sidewalks. the council just recently reverse that but people can lie down outside. that one man showed up during the sweep to see the governor's work with his own eyes after he had been fighting the city for weeks to do something about this. >> i want to thank the governor

for standing up and listening to us and demonstrating leadership here to protect the safety and security. >> reporter: the sweeps continue today and they will continue on a weekly basis. i got to speak with a homeless man who packed up his stuff and left an overpass down the way here before crews arrived and he said he's going to go right back. >> you are not going to clean this up. as long as there are people under this bridge people are going to be giving us crap. it is just that easy. >> reporter: the mayor here is facing the threat of a recall. we will talk about that in the 8:00 hour of "fox and friends" right here. >> it is quite a difference from what you showed us yesterday. thank you so much. the time is 11 minutes after the top of the hour. arizona could be getting its first sanctuary city.

voters in tucson will decide on that plan today. national border patrol council president brandon judd is the tucson native and he says approving the measure is just an invitation for illegals and he joined us next and some way survivor, a man saved from the tracks just second before train pulls into the station. the emotional moment after that rescue cost on camera. ♪

heather: the city of tucson will vote today on whether to be, the first sanctuary city in arizona. dividing democrats on what this policy could mean for future state and federal funding. here's the president of the national border patrol council brandon judd. thank you for joining us, appreciate it. as we begin i want your response to the breaking news

coming out of mexico just 70 miles south of douglas, arizona where they are considering this where you have this family and others who have been killed, 6-month-old twins by a mexican drug cartel. >> it is so disturbing when you see united states citizens being put at risk because you have so many liberal policies that allow crime to continue to exist, when united states citizens are put in danger because of going into mexico this is a clear message that drug cartels are sending to the united states. is the story develops what i imagine you will find out is because we are doing a better job, because donald trump is putting a lot of pressure on these cartels they are going to send messages to the united states and this looks like it is one of those clear messages

and it is very disturbing but if we get a handle and control on this issue once and for all we could put a stop to this commutative politicians who don't have the political will to do it. >> definitely troubling news and the families from utah, dual american mexican citizenship but they were living in mexico at the time. let's talk about what tucson is considering, proposition 205, the breakdown committee declares tucson a century city, limits law enforcement from determining immigration status, prohibits officers from contacting ice, band city employees from inquiring about a person's legal status as well. >> first question you have to ask is why. why would you want to put limitations on law-enforcement, there are people who have committed crimes that are here in the united states, they should be brought to justice, they should be turned over to proper authorities so you have to ask why.

why are we putting criminals ahead of the law-abiding citizens in tucson. making communities a lot more dangerous. all you have to do is look at california and all the problems they have had because of sanctuary cities. it invites illegal immigration, puts more pressure on border patrol. it took us 10 years to get control of the border in arizona and now you are sending a clear message to smugglers and potential illegal aliens that it's okay to cross our borders and violate our laws. that is the wrong message to send. >> tucson's democratic mayor had this to say, tucson stands united in opposition to the cruel and illegal immigration policies of the current administration in washington but proposition 205 would do irreparable harm to this community. it has nothing to do with immigration. it would make it far more difficult to catch criminals, making it far less safe, obviously agrees with you. we also bring up some notable sanctuary cities because we heard about these issues over and over, you and i have

discussed it as well, between ourselves but one of the positive things to move on from this is a portion of a brand-new wall, 8 miles of border wall to go up in texas's rio grande valley area. what can you tell us about that. >> absolutely huge. anytime we have built physical barriers we have seen a huge drop in illegal immigration. as we continue to push forward the proper policies to control the border we see a drop in illegal immigration which makes the country safer and i want to point out the most important part of these physical barriers is keeping drugs out and keeping opioids out of suburban america where we have a huge crisis that is going on. physical barriers help us control the border. we have to continue to push for that, we have to continue to look at these pieces of the puzzle, put them together so

that we can finally get control of the border and stop this discussion once and for all. >> and those drug cartels back to what we were discussing at the beginning, thank you so much. the time is 19 minutes after the top of the hour and a big league hug at the white house. donald trump celebrating the world series champs washington nationals but not everyone was a fan, carly shimkus with social media calling foul all over the white house visit. get it? ♪ ♪

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>> say a couple words, come on. i love you all. i love you all. shannon: a little bearhug, nascar catcher kurt suzuki sporting his maga hat yesterday and receiving a warm welcome and that embrace from the president in what should have been a proud moment for his team and his country but unfortunately the -- online democrats taking this opportunity hashtag cancel tsuzuki. carly shimkus with serious xm 115 here with the backlash. you knew it was coming. >> i did see somebody compared that hug to the jack and rose titanic moment but the backlash was like we said swift from donald trump's critics, look at

this post, the palmer report posted this saying putting on a am aga hat is a form of racist hate speech and implicit threat of violence, kurt tsuzuki should be banned from baseball. you don't like this two cube leap you. tsuzuki responded by making his own twitter account private and said he was just trying to have some fun but all the criticism sparking a wave of support from folks on the right. alex is i'm now a fan of kurt tsuzuki. he is brave enough to show his support for our president when he knows crybabies will try to cancel him. another twitter user says nice to see a team showing our president respect and appreciating the visit to the white house and lastly this twitter user said stand with kurt. division on social media and division in the team because 7 players decided to skip the

white house visit. >> a nationals jersey as well with trump on it. something else is pretty cool, matthew mcconaughey has joined instagram. you are waiting for it on his 50th birthday. look at this. >> look forward to seeing if the land change event tickles your funny bone. hopefully i will -- all it takes. >> how peak matthew mcconaughey is that instagram video. 's page says he is a husband, actor, minister and pickle expert. one twitter user said he joined instagram saying my life is made, lit up, i followed matthew mcconaughey on instagram on content regarding his self-proclaimed expertise on pickles but he worked many hats. >> a minister of culture.

>> we could blow up a break for this as well. >> iraq sub 613 followers in one day. happy birthday. the time is 26 minutes after the top of the hour and a family of 5 killed in a horrific crash. the driver only sentenced to one year probation. how is that possible? former prosecutor and defense attorney breaks down the case for us and campaign controversy between tom stier and kamala harris, the staffer who resigned overnight after stealing voter data. it offers head-up display. wow, that's dialed in. i can still keep my eyes on the road. my truck doesn't have that. it offers an optional technology package with up to 15 different camera views. that's quality picture. it even offers one enhanced view that makes your trailer appear invisible - to help you see what's behind you. oh, wow!

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>> look at our top headline starting with a fox news school alert.

5 americans including children guns down by mexican drug cartel. police say the families were driving to a wedding when they were ambushed. the youngest victims are 6-month-old twins. several people were reportedly kidnapped after the shooting. mexico is deploying troops to search for them. the table turning on adam schiff. house republicans planning to call on him to testify in the impeachment agree with a sore saying schiff is considered a fact witness. a lawsuit challenging the detention of immigrants facing deportation is expected to take center stage in boston. chapters in massachusetts and new hampshire argue officials are filing the constitution by forcing immigrants to prove they are not a danger. federal officials claim authorities are allowed to decide who will stay in custody until the case is decided. donald trump bringing star

power to kentucky to support gop gubernatorial candidate matt bevan ahead of today's heated election. >> kentucky have a chance to send the radical democrats a message, you will vote to reelect kentucky governor met bevan who has done a great job. todd pyro joins us live from the great bagel and bakery in lexington with tonight's biggest moment. >> good morning, this place strikes me as a place heather would like, lexington, kentucky, a beautiful place. i don't know why i feel that way but i do. the president's stated reason for being here in lexington was campaigning but that didn't stop him from playing some of his greatest hits including a new one on the top of the charts, impeachment, take a listen. >> corrupt politician nancy

pelosi and adam schiff, they are corrupt, they have been plotting to overthrow the election since the first hour that we won. it is backfiring. the democrats of launched an even more brazen assault on our nation with the deranged hyper-partisan impeachment witchhunt. >> the crowd getting in on the act. wearing read the transcript t-shirts, a reference to the white house's read out of the conversation between trump and ukrainian president that prompted the impeachment inquiry but no rally would be complete without an old standby, the strength of the us economy. >> america is the hottest economy anywhere in the world by far. for leaders come in to see me, congratulations on your economy. a record 158 million americans are now employed, the highest level of employment in our country's history.

>> reporter: enthusiasm for trump and the trump economy two of the things governor bevan is banking on to turn out the vote in his neck and neck race with democrat andy bashir. >> how do you like having donald trump in the arena? let's get out and vote, let's and the message to washington, to the other states, to the united states of america, kentucky is leading the way and we support the president of the united states, donald j trump. >> there is also talk that bevan loss could bode poorly for mitch mcconnell in 2020. the big difference between today and 2020 donald trump will be on the ticket next year. is not on the ticket this year and the president turns out the vote. we will talk about this and more on "fox and friends" all morning long, breakfast with friends live in lexington. shannon: you are right. in lexington, love it, beautiful rolling hills. have some bagels for us today.

i will watch. to another fox news alert switching gears, a detective in critical condition after being shot serving and an arrest warrant. the dayton police department is the unidentified detective was working with a federal task force in ohio when someone started shooting. police say they found a large amount of fentanyl and weapons inside that home. 5 people being questions. we are expected to learn more in a police news conference later today. a man is under arrest accused of plotting a bombing attack on a synagogue. the fbi says richard holder discussed his plan with undercover agents in colorado and spread messages of hate with multiple facebook accounts. he was arrested just hours before the planned attack on saturday and faces several charges including federal hate crime. he could face 20 years in prison if convicted. the sister of dead isis leader

abu bakr al-baghdadi has been captured alive and is suspected of being affiliated with the terror group. she was caught in a trailer with her family during a raid in northern syria by turkey. a turkish official calling the arrest and intelligence goldmine. abu bakr al-baghdadi was killed in the us raid two weeks ago. can't believe it has been two weeks. back at home a judge absent in sparks outrage in delaware. driver responsible for the death of her father and his four daughters, all of them slap on the wrist was just one year probation. how does this happen? former head of new jersey prosecution robert bianchi joins us with his expertise, thank you for joining us, we appreciate it. how does this happen? >> we handle many of these cases. i understand the emotional temperament, 5 beautiful people are dead.

nevertheless under the law, the mere happening of an accident is not enough for criminal responsibility. it has to be a substantial disregard to a known risk. speeding would be one of those things, driving on a sidewalk where there are people. in this particular case the facts are he was having a coughing spell, lost control of the vehicle and tragically let these individuals were dead. even the prosecutor was only asking for a 6-month sentence is the prosecutor when asked by the judge is there anything here to show more culpability or responsibility said there are no signs of intentional or reckless conduct. that made the prosecution's case a bad criminal law case. they went before jury, the defense attorney may have won the case from a legal point of view. shannon: so hard for the families to understand. the mom who was the only survivor said this if we can bring up her statement, his one life will never be enough for the 5 people he killed.

that was from mary rose, the mom, 52 years old who told that to the nurse -- news journal wilmington, delaware. >> the control justice system is dealing not with the loss as much as the actions of the person alleged to have caused be lost. it is an indication. >> what other options are there at this point? >> he had a civil case because there is an issue about road conditions which would have helped the defense in the, case but there has been an undisclosed settlement with respect to that so this entire matter is over but the question always becomes is this merely an accident that requires a civil response or a criminal case which is far worse meaning the defendant did something so reckless such a gross deviation that a reasonable person would not -- things like medical events and even distracted driving, back up a little bit,

think about yourself when you are driving. we don't want to become analyzing negligent conduct that doesn't rise to that bar of substantial disregard for a known risk like driving on a sidewalk where there is people. >> a couple tweets from people who side with the family on this was one of them said i don't think it should be considered murder but second-degree homicide would be appropriate. the prosecutor was already being extremely lenient. really bad call by the judge if you ask me. the next one apparently you can kill multiple people now and get probation. is the delaware legal system different from the rest of the country? this is insane, this family deserves justice. >> i love the two it says is it like this everywhere else in the answer to the question is yes. again, criminal conduct requires more than mere negligence or mere happening in of an accident for to be criminalized and people have an

emotional and visceral response to the family because they feel bad for them the fact of the matter is it is about the conduct of the defendant. this was an investigation that tells me they couldn't determine whether there was recklessness and then the end the prosecutor had this lenient sentence because they feared the prosecutor. if we go to trial based on the law we could lose it also it is better to get something by way of a conviction than nothing. shannon: a little lesson in the law today. the time is 20 minutes until the top of the hour and back to the campaign. campaign controversy between tom's tire and kamala harris, the staffer who just resigned after stealing voter data. you need some extra cash for the holidays? who doesn't? all you have to do is get the flu, seriously.

..

heather: political staffer accused of stealing data from a rival candidate re-signs. former aide of tom starr used an old account with the democratic party to access information about kamala harris's campaign. the staffer stepping down as deputy state director after an internal investigation. alexandria ocasio cortez making amends with a former new york lawmaker who sued her. .huygens criticized the freshman congresswoman for comparing migrant centers for concentration camps and violated his first amendment rights where she blocked him on twitter. ocasio cortez thought the suit before reaching a settlement, she's apologizing saying in part i have reconsidered my decision to block him from my twitter account. he has a first amendment right

and should not be blocked. to some business news. amazon expanding next day delivery from millions of items in time for the holidays. tracy carrasco is here with more on the prime service. >> reporter: amazon prime members can get free next day delivery on more than 10 million items. amazon is ramping up for the holiday shopping season. the 2019 holiday shopping season is one of the shortest and wants to make things as easy as it can for customers and wants to stay ahead of the retail competition of walmart, target which upped their game when it comes to shopping as well if you are a prime minute death -- member which is a $190 yearly fee you can take advantage of this shipping opportunity. jillian: always something new to add.

explain this, future iphones. >> it could be a 3-d image will will allow users to watch videos and play games on a continuous loop. in 2013 apple was awarded a patent for a device like this. most recently renewed that patent. 13 time since 2013. this could be the phone of the future that apple comes out with down the road. they do have that patent if they want to. heather: a screen all the way around the phone, thanks. donald trump firing of the kentucky crowd with major gubernatorial elections today. >> we will make america wealthy again.

we will make america strong again. we will make america proud again. todd: 1 does this mean in 2020? our next guest breaks it down for us next.

>> the people of kentucky will vote to reelect your terrific republican governor who is sending a signal by doing that the rest of the country, the republican party, you know what we stand for when you see what is happening with the democrats. they have gotten crazy. heather: donald trump has a year before his election day

but us shiny the national spotlight on three governors races on the ballot. this november kentucky, mississippi and louisiana. is a breakdown what these races mean for the president, jim mclaughlin, thanks for joining us. let's bring up the race first of all. and as we mentioned three states with governors races, the president was there last night, campaigning for bevan on stage. >> the most interesting part of all 3 of these races, democrats running away from democratic candidates for governor running away from the national democrats. and they are embracing donald trump and making it about impeachment. in kentucky, donald trump is very popular, got 63% of the vote.

heather: versus 32% for clinton in 2016. let's go to mississippi where donald trump won the vote 57.9% compared to clinton at 40%. >> the interesting part is democrat jim hood trying to distance himself from national democrats. when he goes on stage, he shows his gun all the time. trying to hide his liberalism but last night he has run away from the national democrats but did a robo call from president obama last night and really tying himself to donald trump in that race. heather: in louisiana donald trump won by 58.9%. >> again it is a place, folks saying in the beginning of this

race, was going to win overwhelmingly but the truth is the first jungle primary and doing things differently in louisiana he only got 47% of the vote, the republican is running really strong, on the strength of the president and his coattails the election has a real shot of winning in louisiana. heather: going into this the insolence of donald trump, is this an indicator of how things are going to go moving forward? >> that is the key. in 2018, a lot of trump voters turned out for him, will they galvanize impeachment -- heather: if they are galvanized enough to head out to the

polls, that is an indicator they are galvanized enough a year from now. >> no one does a better job of turning out his base, the working-class voters. and no doubt about it. heather: appreciate it, long way to go. we will be right back. lverado . it offers head-up display. wow, that's dialed in. i can still keep my eyes on the road. my truck doesn't have that. it offers an optional technology package with up to 15 different camera views. that's quality picture. it even offers one enhanced view that makes your trailer appear invisible - to help you see what's behind you. oh, wow! which in this case happens to be the competition - since they don't offer the same amount of cameras as the silverado. literally in the rear-view. where they should be. ♪

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heather: andrew cuomo claimed he didn't know about a plan to let hundreds of inmates out of new york city jail so he refused to say of the governor supports release of the inmates. bill diblasio reportedly plans to reward accused criminals with sports tickets and gift cards if they show up to court. washington nationals pitcher striking out a trump critic on twitter, a video appeared to show the world series mvp avoiding the president during the white house ceremony but cut out just before he turned back and shook the president's hands. the picture responding to that tweet saying fake news. time for the good, the bad, and the ugly. up first the good. a transit worker hailed a hero for rescuing a man from train tracks.

watch this video, pulling the man to safety before the train pulled him to the station. he was just doing his job. >> we are all human beings. >> the men celebrated with a hug. the bad. you can get paid to get sick apparently. national institute of health looking for volunteers for study how our bodies fight the flu. participants get $3300 was the ugly starting in chicago. radio station will play christmas music around-the-clock. >> christmas music is joyful and triumphant.

heather: a lot of you talking, john on facebook says a little early for me. anything before thanksgiving is too early and when tweets you don't have to listen. i don't have a problem. what is wrong with the rest of us kicked you thank you for joining us, "fox and friends first" continues right now. rob: this is a fox news alert. a bloodbath across the southern border. at least nine american citizens brutally killed. some of the found in a bullet written and burned out suv. jillian: the ambush believe the work of mexican drug cartels. we have breaking details and turning on adam schiff as fox news learned he could testify in the impeachment inquiry. he is leaving. rob: republicans are attempting to blow the last closed-door investigation wide open. >> we will make america great again.