with food and tv so he can watch his team lose every day. jillian: that's kind of crazy. rob: the second impeachment hearing begins at 8:30 and "fox & friends" starts right now. ♪ ♪ small town throw down. steve: the president was down in louisiana last night at another trump rally. third visit to louisiana. he is trying his best to make sure that republican is able to oust the democratic governor. ainsley: did you know that that's the only state in the deep south that has a democratic governor right now? steve: yes. ainsley: john bel edwards wants to continue to be the governor of louisiana. pete: he wants to distance himself from national republicans as best he can and of course edward risponi doing the best he can. trump rally doesn't it

create like a small town. steve: it does and a small town outside of the rally. it was something. thank you very much for joining us today. pete is in for brian. pete: thanks for having me. ainsley: so glad to have you. steve: if you are a person that thinks that the democrats are treating the president unfairly in congress and the at the same time the democrats are doing nothing to get anything passed, you are going to love his new slogan that we heard last night at the big rally. >> first it was the russia hoax. then it was the mueller witch-hunt. the absolutely crazed democrats, the democrats, the radical left, are push, the deranged impeachment witch-hunt. we did nothing wrong and they're doing nothing. adam schiff, he made up my statement and it was horrible what he said. he is a thief. is he a crook. and you know what? he's a corrupt politician and frankly he should be

prosecuted. how about when they ask these two never trumpers what exactly do you think you impeach him for? and they stood there and went like, what? [laughter] but they are unraveling and their sinister plans will fail. they have already failed as far as i'm concerned. steve: his slogan is we did nothing wrong and they are doing nothing. ainsley: he went on to talk about adam schiff, too. he called him a thief and crook and said he should be prosecuted. pete: remember when democrats took over the house in 2018 with that robust agenda. send us there to be part of the solution. no healthcare, no trade deal, usmca is sitting there no infrastructure. ainsley: no daca deal even the president agreed to do what they wanted to do with daca. pete: we are hear about the immigration numbers shortly in the program and they had nothing to do with that either. steve: instead hearing a lot on capitol hill about bribery.

because apparently the democrats have done internal polling and in the battleground states the word quid pro quo. ainsley: wasn't resonating. steve: doesn't work for them. then it's about bribery. ainsley: in between it was extortion and now it's bribery. steve: we have bribed griff jenkins to get up early and go to the long worth office building with a preview of what happens at 9:00 this morning. griff griff you never have to bribe me, steve, ainsley and pete, good morning to you. i'm willing coming out i here because it's history in the making. day two, one witness, former ambassador to ukraine maria vach. we expect her to say much of what she said in a closed deposition. she felt vend by president trump there was a smear campaign run against her by rudy giuliani. we learned during that closed door deposition yovanovitch was very emotional. democrats will hope to see some of that emotion for the country to watch today. republicans, by the way, look for them to zone in on the timeline. yovanovitch was canned in

may and, of course, that famous call didn't happen until july 25th. meanwhile, speaker pelosi is making use of that new language bribery and comparing what president trump did to watergate. listen. >> the bribe is to grant or withhold military assistance in return for a public statement of a fake investigation into the elections. the cover-up makes what nixon did look almost small. griff: guys, there is a closed door deposition as well happening here on the hill. that is david holmes. he is the aide to ambassador taylor as we learned on wednesday who allegedly overheard president trump talking to ambassador sondland and sondland told staffer homes that the president was most interested information into the bidens. not done today. tuesday, wednesday, thursday, 8 more witnesses will be in public hearings next week.

ainsley, steve? steve: it's a mini series. griff, thank you very much. >> it never stops. that's the problem. steve: they are auditioning, essentially, that guy that griff was just talking about who apparently overheard the phone call between the president and ambassador. steve: doing it behind closed doors to see if he is going to say what they hope he is going to say and bring it out. pete: it's been a try-out. try out behind closed doors. if you meet their criteria they are roll you out in public. ainsley: democrats risked it all. they wanted to push this impeachment thing. is it going to work for them. of the trump team second out information about how much money they have raised. they raised $3.1 million in maul dollar donations during this impeachment hearing on the first day of the impeachment hearing. steve: because we are talking impeachment. we brought in ken starr, fox news contributor. former white water independent counsel. he joins us today. >> good morning to you. >> good morning. >> could you explain to us why the democrats are

bringing in former u.s. ambassador maria yovanovitch who was dismissed months before the phone call? i mean, if this is all about the phone call where the president said you are not getting the. >> called months before why would they be bringing her out? >> trying to set the stage and it's a long and complicated narrative that the democrats are hoping to set out and to tell this tale of this irregular channel. today, rudy giuliani will be beaten up. here is the key thing about this, so far removed from a john dean, the president told me right, so you are quite right. she had left service and it's going to be an unhappy tale. it's not going to sound very good. it's not a tale that directly implicates anyone other than rudy giuliani and we'll see, of course, what

rude has to sarudy has to say as connections. quite removed from the oval office. ainsley: someone on another network saying we hope she cries and gets emotional that will be emotional for the democrats. steve: she did behind closed doors. ainsley: right. >> exactly. it's going as you guys ever make for very powerful television. i hope we won't beat her up. to be honest. i think that's the wrong way to go. because she is a very distinguished public servant. and there were issues about her service and so forth. yes, she did get very emotional during the deposition. ainsley: don't yo you think that's sexist to assume a woman is going to cry. put her up there because she will cry. >> of course it is. if it works it works. what we are seeing ultimately, which i think is so unfortunate for the country, is impeachment is simply being used as a

political weapon of destruction. pete: it's a show. her rehearsal went okay now she is ready for prime time. >> right. pete: judge, nancy pelosi described the prayerful process by which she has gone through this serious and sober impeachment. a lot of people have wondered if it's about something else. representative ocasio-cortez sort of as she often does may have let out what this is actually all about. watch. >> at the end of the day, we have to be able to come together as a caucus and if it is this ukrainian allegation that is what brings the caucus together, then i think we have to run with however we unify the house. we also need to move quite quickly because we are talking about the potential compromise of the 2020 election. so this is not just about something that has occurred, this is about preventing a potentially disastrous outcome from occurring next year. pete: run with whatever unifies the house and prevent a disaster next

year? >> well, that's a rank admission that from her perspective and caucus' perspective this is politics. and alexander hamilton warned don't let this happen in federalist 65. i think we would g do well to go back to the founding. what was this all about. it's in when a nation felt, not a caucus, that the nation felt that the trust placed in the president simply could not continue. and we're nowhere near there. 31 democrats during clinton supported the impeachment inquiry and not a single republican did and that tells you this is just the great partisan divide that is dividing the nation further. and that's a great -- i'm not going to say it's a tragedy but it's a darn shame. steve: well, that's your point of view and that's why we called you in so early on this friday morning, but, ultimately, it comes down to what the people who are watching the tv show think. does it look like, do you think, to the american public, that the the process

has been fair. >> no. what was so interesting about the first day of hearing, very briefly, was that there is was a lot of focus on the irregular channel. let's call it the rudy giuliani channel. the diplomatic channel to the ukraine. this entire process san irregular channel. stwich over to the house judiciary committee and follow tradition. all tradition has been thrown out the window. steve: doing it with the intel committee. not doing it in judiciary. they didn't impanel a house select permanent committee on impeachment. they are doing this to make adam schiff the point person because he's got nancy pelosi's agenda as his number one thing he has got to do today. >> he is the impeachment czar and he should not be. he has no business and the speaker had no business from departing from tradition. i hope americans care about this because tradition

counts. we are making constitutional hills industry right now and very bad constitutional history. ainsley: due process count. steve: judge, we apologize. it sounds like they are doing one of those find it and flip it shows next door. i hear pounding and drilling and all sorts of stuff down there. thank you so much. >> welcome to washington. pete: they are doing work? ainsley: they are getting done there? pete: private work. ainsley: hand it over to jillian for headlines. jillian: will they leave it or list it. we have a fox news alert now. sad news to get to. this happened yesterday. a devastated community gathers for a vigil hours after a deadly high school shooting. a teenager is accused of killing two people and injuring three more in a span of 16 seconds in southern california. >> can't put in words that this happened in my community. >> why? why did this happen here. >> everyone was run, fear. >> i don't know why he would

do this. >> the 16-year-old suspect shot himself in the head and is now hospitalized in critical condition. we will have a live report from santa clarita, california in a few minutes as police search for a motive. a bosnian immigrant gets prison time and deportation order for helping isis. a missouri judge sentence the man 8 years behind bars after he admitted sending cash and military equipment to isis. he will be deported after searching his sentence. he was arrested in 2015 with five accomplices. his wife is awaiting sentencing. more than a week after the election. kentucky governor matt bevin concedes to democratic rival andy beshear: he says he is ready for the next chapter. this was a tough race, but it is now over. i appreciate the fact that his administration was already moving forward in a smooth transition. >> bevin called to recount the votes after trailing beshear by less than .4

percentage points in last week's election. boy, did you see this? an explosive and violent end to the browns and steelers game even by all football standards. >> beyond words, joe. >> that's one of the worst things i have ever seen on a professional sports field. >> that is not cool. you don't see that browns defensive lineman garrett ripping off and hitting nathan rudolph on the let with his own helmet. pittsburgh center retaliated by kicking him in the head. i'm curious to see what type of penalties come out of this suspension. who knows. there is dentally more weeing go to find out. >> after they won the game. will. ainsley: took off the quarterback's helmet. the response of his teammates they defended him. pete: offensive linemen are not going to stand for that. ainsley: democrats giving up on push to impeach the president. >> the president abused power and violated his oath.

>> hijacking our foreign policy. >> and that's still a crime. steve: rnc chairwoman ronna mcdaniel joins us on this coming up next. ♪ ♪ ♪ hi honey, we got in early. yeah, and we brought steve and mark. ♪

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for his ties to the same investment firm that mitt romney worked for when he ran in 2012. >> weak spot his record with bain capital. >> romney's bain pain isn't going away. >> simply asking where the lessons romney learned in his business career at bain are really the ones americans want in a president. >> bain made 85 million after investing in that company. ain't that something? republicans are worried about gingrich and other candidates attaching romney over capitalism, because it's the truth. vulture capitalism. here to react the chairwoman of the rnc and niece of mitt romney ronna mcdaniel. ronna, good morning to you. >> good morning. steve: what do you think is going to happen? we saw him go all in against a republican. what are they going to do with this democrat democrat? >> i think deval patrick is going to have the democrat field turn on him pretty quickly. there is nothing democrats demonize more than business experience. they seem to love lifelong

politicians, people who have never created a job or done anything to enhance the economy in this country. so, i think it's going to turn on him pretty quickly. for me, it's just heaven because more and more democrats are getting in, this field just keeps expanding because their field is so weak and they recognize they are going against a president who has brought more jobs to this country, increased wages and has done so many good things for the american people. they are scrambling right now. steve: all right. but it does seem that part of the master plan to get a democrat elected is to give this president a bloody nose with this impeachment inquiry. what do you make of the fact that they are going to call in a u.s. ambassador, former u.s. ambassador maria yovanovitch later today who was let go by the president. dismissed from the job months before that phone call? >> so, the first hearing we heard witnesses who had hearsay of hearsay, of hearsay. now we're going to hear from somebody who wasn't even there when the call took place. i mean, it is so ridiculous.

democrats are grasping at straws. i would love to hear about her experience with burisma and hunter biden because she was there when he was serving on the board making 80,000 a month. i would love to hear her talk about how president obama gave no lethal aid to ukraine but president trump gave 210 ja lynn missiles and aid to ukraine. those are things i would love to hear republicans ask her about. this is ridiculous. the american people don't want. this it's shameful. the president is doing so well. democrats are throwing this in the mix because their democrat candidates for president are so weak. this is their only hope of maybe winning back the white house. it's not working. steve: apparent live she is going to say that the she was the target of a smear campaign by rudy giuliani. but as we heard a couple of days ago from george kent, people who are diplomats serve at the pleasure of the president. the president can dismiss anybody for any reason at any time. >> yeah. news flash. when you are the president,

you get to determine who represents the united states of america overseas. and this president has been stronger with ukraine in given aid to them than president obama was. he has every right to determine who represents our country. this is just another attempt for democrats to try and muddy the waters heading into 2020. and the american people are seeing through it. steve: apparently now the democrats are just going to use the word bribery because quid pro quo didn't go anywhere with battle ground states. >> it's polling better. yeah. it's a witch-hunt. it's a hoax. do you know what polls really well for us? a robust economy 7 million new jobs, wages are up. those are the things that actually matter to the people in this country. their lives are better under president trump and they are watching the democrats get nothing done. they are not passing usmca. they're not passing immigration reform. they are doing nothing to lower the price of healthcare. they are sitting there in impeachment frenzy against this president. steve: that explains why the president rolled out the new

tagline yesterday we did nothing wrong and they are doing nothing. >> exactly. steve: ronna, thanks for joining us. >> thanks for having me. steve: it's a friday. diamond and silk coming up next. ♪ ♪ ♪ applebee's new sizzlin' entrées. now starting at $9.99. now that's eatin' good in the neighborhood. we love smart savers. like yard-sale savers. tee-time savers. and especially med d savers. select a medicare part d plan

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rob: police searching for a motive after a deadly shooting at california high school. steve: a student killing two classmates and wounding three others in a span of just 16 seconds. ainsley: william la jeunesse is live in santa clarita, california where classes are cancelled today. william, what's the latest. >> ainsley, as steve just said 16 seconds for the gunman to take a .45 caliber pistol from his backpack, shoot five students and then a self-inflicted gunshot to the head near fatal. 16-year-old girl died,

14-year-old boy about two hours later after that. two girls one in good and fair condition remain in hospital. >> i went to get the gunshot wound kit from the room and i returned and i dressed her wound. after i dressed that wound, she said she thinks she had been shot in her shoulder as well. >> after that 911 call, police arrived in about two minutes. initially they thought the gunman was at large. went room to room and scoured the bushes nearby. checked the video and realized the gunman had already been taken to the hospital as a victim. >> detectives have reviewed the video at the scene which clearly show the subject in the quad withdraw a handgun from his backpack, shoot and wound five people and then shoot himself in the head. >> as for the gunman, it was his 16th birthday.

ran track. quiet. grew more distant after his father died two years ago of a heart attack. others went to a mental health center for counseling. as police combed his home that he stared with his mother. they interviewed his girlfriend and witnesses. they will check the computer. will s mentd and instagram posts where he allegedly posted quote have fun day at school tomorrow. police believe he acted alone that these victims were not targeted either because of bad relationship or because of bullying. as for the shooter himself, the sheriff's department reports that he is gravely ill inside the hospital. two local stations say is he dead. one saying that he is brain dead. back to you. steve: all right. william la jeunesse live from california. thank you. on his birthday. all right. 6:27 now. former massachusetts governor deval patrick yesterday jumped into an already crowded field of

2020 democrats. >> you can't know if you can break through if you don't get out there and try. i have been waiting for a moment like this my whole life. i love that the party has moved to the left. i love that we're the party of the woke. i believe that we also have to be the party of the still waking. ainsley: what does this say about the current field trying to take on the president? pete: i can't wait. hear to way in fox nation personalities diamond and silk. thank you, ladies, both for joining us this morning. take it where you want. is it the party of the woke getting waker? he says his candidacy is about as likely as a hail mary from two stadiums away. last time i checked that doesn't work. steve: unless you are lucky. >> well, first of all, let's talk about the democrats that's running. >> um-huh. >> first you have joe that don't know whether he is coming or going. >> that's right. >> you have elizabeth warren who is a liar. and then you have bernie sanders who still think he stuck in the revolutionary war. >> um-huh. >> okay.

and now if you look at all of those democrats that's running on the democrat side, these candidates, they have 397 years worth of experience together. and they haven't done not one thing for the american people. >> that's right. >> the american people especially our black americans to take a look at what they are trying to do. deval patrick jumping into the race, they are trying to do a 52 fakeout. >> that's right. >> they're trying to hood wink and bamboozle black america to try to gain that momentum that they had when it came to obama. >> um. >>um and black americans coming out in droves to vote. and i don't think it's going to work. it's going to blow up in their faces. >> remember, last time we voted black and look at where that got us. >> right. >> absolutely nowhere and obama phone didn't get it for black america. the only person able to beat donald trump hadn't even been born yet. so all of these people jumping in right now let's us know that their candidates are all losers. >> that's right. ainsley: what message is going to resonate more with

the democratic party the fact that he is a capitalist? he believes in capita tallism? a lot of those progressives don't. elizabeth warren selling millionaire tears campaign mugs. totally different messaging when it comes to capitalism in our country. what do you think? >> it is a totally different message. when you look at deval patrick. devadeval patrick does not work for the american people in my opinion. if he really wanted to be the president of the united states, he would have jumped in at the beginning not wait because your party looks flawed. one thing he says he loved being to the left. they are so far to the left that they are falling over a cliff. do we want america to be like that? do we want america to look like that? >> that's right. >> it's absolutely no. they are using him to fake out the personal people, especially black people. he is no obama. and just because he has a pretty face don't mean he deserves to be in the race. >> that's right. >> no it's a know for deval patrick. >> his name is devol patrick. we see that.

he is another career politician. we don't want a career politician. we want donald j. trump. steve: we knew that before we booked you. ainsley: thanks, ladies. pete: more on the big trump rally last night on the other side. what do voters think? todd piro has he that for you. ♪ hard working man. st sign. st sign. abreva starts to work immediately to block the virus and protect healthy cells. abreva acts on it. so you can too. at verizon, we're building the most powerful 5g experience for america. that's why the nfl chose verizon.

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u.s.a. right now down in louisiana getting reaction from some of the folks who are in the area last night for the trump rally. todd: that's right. good morning everybody back in new york. this place is filled with americana. so many amazing knickknacks. speaking to the folks earlier about the big race in indiana. the governor's race. they all say expect a surprise coming up. they all say the republican rispone is going to win. folks sure know how to turn a phrase. he will lease, when i asked eloise, you said people for days what do you mean. >> everybody turned out to see our wonderful president, president trump. todd: with regard to impeachment you said we aren't taking this lying down. what do you mean by that. >> people are going to be very shocked at the way it's all going to turn out because he is our president doing what he said he would do. todd: all right. when it comes to the democrats running in 2020,

you said republicans got something for him. what do you mean by that? >> rispone is taking it. todd: that's this governor's race. what do you think about 2020. >> well, it's going to be a surprise, too. everybody stick around. todd: elloello would heyou saide 16-year-old girl at back street concert. >> that's right. todd: explain yourself. >> it was electrifying seeing my president for the first time was absolutely amazing. i loved it. todd: when it comes to the democrats running in 2020, you call them american dream suicide. >> correct. todd: what do you mean? >> i believe that if they continue going down this path, it's going to kill the american dream. todd: when it comes to the economy, you say it's great nationally, but you are thinking of moving outs of louisiana, why? >> i mean industry is leaving here. i'm a blue collar worker. i believe the democratic party has definitely killed

it here in america for small business and industry. todd: thanks. let me get quickly to dr. tom. here is another phrase. you called the rally the grand moment of your life. why? >> well, it was because i realized for the first time in many, many years that louisiana is getting ready it turn around. we get a new governor, in this state is going to really boom because with the things that are occurring now in louisiana, education is priority in this state. and we have built community colleges and i am the president or was the president of one until i retired. todd: dr. tom, they are wrapping me up. i appreciate your comments. i will show this sign to you guys back there. this is a pete hegseth sign if i ever saw any. take a look at that. ainsley: can you read it to us. >> i will it says we say merry christmas, one nation under government we salute our flag, give thanks to our troops. if this offends you, leave. pete: my kind of place,

todd. todd: i'm bringing that home for you. pete: i will future in my office. steve: todd pietodd piro with te post game show. jillian: isis bride who begged to return in the u.s. must at a in syrian refugee camp. ruling she is not an american citizen. a judge finding her father was a yemeni diplomat who did not inform the u.s. that he had been fired by the time she was born. in 2014, she left alabama to travel to syria to join isis. her family will likely appeal the ruling. a terrifying scene as an apparent kidnapping is caught on camera. a woman heard screaming for her life. [screams] >> somebody, help me, please. crying. somebody help me! [screams] >> that is terrifying. you could see a car speeding

away. one witness in the los angeles neighborhood said she saw the victim getting pulled into the car by her hair. police are investigating and hoping other witnesses come forward. wow. overnight, the austin city council hoping to buy a hotel for the homeless. $8 million to purchase and renovate the building right off the interstate. governor greg abbott took action against the city's growing homeless problem last month. ordering state agencies to clear out camps and tents under overpasses. pop star taylor swift says she is banned from performing her own music ahead of her artist of the decade performance at the american music awards. ♪ why can't you see ♪ you belong with me ♪ >> swift claims music executives have banned her from playing old songs unless she agrees not to rerecord her music and she stops talking about the controversy. swift, as you know, has been

at odds with the execs since the summer when they bought her early music in a sail swift says she was actually unaware of. the singer asking fans to reach out to other artists saying quote hopely they can talk sense into these men exercising tyrannical control. the drama continue us. i mean this has been ongoing saga. steve: she is going to record all of her old songs own later so people will buy the updated version. jillian: right. steve: that's next year that she wants to play at the big show. pete: i'm lost. ainsley: i'm not going to lose sleep over that. steve: janice dean is here outside on new york city. janice: look at all these people here at 6:30 in the morning. what's your name. >> claire, karl. >> you are here for the big game, the buckeyes? >> yeah. >> what else? are you here for a hug? >> yes. yes. janice: stand by for that. that's coming. what's your name. >> joanne. >> delores. steve. >> where from you. >> virginia. >> and?

>> mary virginia,. >> franklin tennessee. >> happy birthday. >> yes, katrina. janice: his wife at the hotel sleeping. she is a smart lady. things are going to warm up over the next couple days. coastal low in the southeast going to develop and bring potential for heavy rain, gusty winds especially for north carolina and south carolina. and then it's going to come up towards the northeast on sunday and monday. the good news is it is going to be too warm, relatively speaking for snow. we will have to watch it especially across the carolinas where we could get heavy rainfall. all right, my friend. are you ready? here it comes. go buckeyes. thank you for coming. steve: awesome. pete: take on rutgers. they will roll over them. steve: that was like a live audience out on the street watching janice do the weather. we are are going to have

another live audience program friday, december the 13th. you can be right there in our studio with us, studio f. all have you got to do is go tfriends@foxnews.com. pete: friday the 13th? anything can happen. ainsley: sign up. we love these shows. so fun. steve: it is. pete: judge tossing the written testimony of the illegal immigrant charge killing mollie tibbetts. his legal team won't let him take the stand. steve: other next guest is a trial attorney who says that move is a big mistake. (burke) at farmers insurance, we've seen almost everything

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killing 20-year-old college student mollie tibbetts back in court this week and attorneys rivera says his confession should be thrown out because his client wasn't read his miranda rights. he won't consider testimony from rivera after his attorneys refuse to allow prosecutors to cross-examine their client. so where does the case go from here? here to weigh in on this is trial attorney klein clayful. >> good morning. ainsley: he wasn't given his miranda rights properly -- he did admit to killing her. 11 hours of questioning. then he took police to her body in that cornfield and then he was correctly read his miranda rights. yesterday, a judge decided to toss out the fact he wanted to just write out hesitate testimony. didn't want to be cross-examined. a judge threw that out. what does that mean. >> there is a legal doctrine called hearsay evidence. what that means is that it's an out-of-court statement offered for the truth of the matter asserted. that could be either a

verbal comment or a written document. and here the defendant wanted to submit a written statement saying he wasn't properly read his miranda rights. he didn't understand them. and he didn't knowingly wave them. the judge said sorry, you can't do that because it is hearsay. and the spirit of the hearsay doctrine is you have got to be subjected to cross-examination. if you just let him submit a written affidavit, he can't be cross-examined. so the judge made the right ruling. ainsley: what is going to happen with this case because it's got to be infuriating with her family. they want closure. this guy admitted it. he wasn't read the miranda rights. is this the police fault? >> this, in my opinion though is a criminal defense debacle. i do criminal defense cases. if you have a murder case and they are already exist physical and forensic evidence that implicates your client and you have a chance to get a confession thrown out, then you put your client on the stand i have no idea why defense

lawyers didn't put him on the stand to stay he didn't understand the miranda rights and didn't understand he had a trite the lawyer. law enforcement admitted first readings of the miranda rights they didn't tell him what he said could be used against him. big second miranda rights is going to be a collosal disaster for the defendant. because he admitted after that that he knew where the body was and took police to the body. if a jury hears that, he is toast. he is going to be convicted. ainsley: you think he will get convicted he won't get off scot-free because he wasn't read properly the miranda rights it? >> depends. what the judge is going to do is split the puppy. there are two miranda issues. the first readings of the miranda rights at 11:00 p.m. i think the judge is going to say look, at the first reading of the miranda rights. those comments dealt with that he saw her, he followed her. he got mad at her and then remembers her being in the trunk of his car. he doesn't remember anything after that. that's not likely to come in. but what is likely to come n

the second part is where they didn't read the miranda rights properly at 5:30 in the morning he will say okay i'm going to take you to where her body is that's going to come in. ainsley: so obvious what happened here. it's a shame. he is here illegally and could get off scot-free. the trial is february 4th. her family has to go through the holidays without their child. thank you for being with us, brian. >> you bet. >> thanks form having me. ainsley: pop star ellie goulding will perform at halftime on thanksgiving after threatening to skip it after a dispute with the salvation army about lgbtq rights. did she fold under criticism from progressives? we will discuss next. ♪ i got you on my mind ♪ why i got you on my mind ♪ i need a ride.

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pete: welcome back. grammy no, ma'am named singer ellie goulding will be performing at the cowboys thanksgiving day halftime show after threatening it pull out of the event. it all started when she posted a photo of self-serving at the salvation army when some followers of hers accused her of supporting an organization they say discriminates against the lgbtq community. here with more is alex clark, spokesperson for turning point u.s.a. and host of -- good morning. >> good morning, pete. pete: this subject when faced with the mob she caved. now she is performing again. what do you make of this whole circus? >> yeah. you know, she is like any other celebrity right now. they are waking up every single morning and walking on egg shells. they are terrified that they're not going to be woken up. i didn't know there was a wrong way to serve soup but

apparently there is. we have learned and ellie made the mistake, first, at looking at some of her negative comments that you and i both know you never read the mean comments. right? she does that instead of going to the salvation army's actual website which says clear as day, clear as crystal as willy wonka would say it says right there we don't discriminate against anyone. h ght. we support the transcommunity, whatever. as far as serve toferg them as a christian organization. so then she had to walk everything back and it was like yikes, maybe i went a little ahead on this. pete: they are a christian private organization in a free country where they are allowed to take whatever stance they want. they have had a long relationship with the cowboys on thanksgiving day. they do a lot for the poor in our country. they responded this way. the salvation army. they put out a statement. they said we would like to thank ellie goulding and her fans on misconceptions and incouraging others to learn about the truth about the salvation army's mission serve all without discrimination. if we can't unite around the mission of the salvation

army and what they do for people in need we are in a pretty tough place. >> absolutely. yep. pete: now, this is a tweet, hold on, here is an additional tweet from he will will helliegoulding in res. after pulling back because of these comments, she is now sort of found her footing again to say hey, maybe those few voices on twitter or instagram don't represent the way most people feel about this. >> this is actually really good news that she didn't completely pull out of the sohio. we shoulshow. this might set a precedent for other celebrities going forward. you don't have to bend a knee to the mob. let me tell you something so i just left a career in pop radio after seven years to work for turning point u.s.a. hosting my show. i know for a fact ellie goulding hasn't had a successful radio hit in about four years. she may not be in a position in the future to be pulling out of a gig. she might need the salvation

army herself. let's not burn any bridges, ellie. interest. pete: maybe we shouldn't be listening to celebrities for political insights as well. >> there is also that. pete: you know a little about that. poplitics we love it. thanks for being on the program. >> thanks, pete. pete: big show ahead. ken paxton, judge jeanine you know and love her as well as dan bongino all here live coming up. (contemplative synth music) - [narrator] forget about vacuuming for up to a month. shark iq robot deep-cleans and empties itself into a base you can empty once a month. and unlike standard robots that bounce around, it cleans row by row. if it's not a shark, it's just a robot. i am all about living joyfully. the united explorer card hooks me up. getting more for getting away. traveling lighter.

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and severe liver problems. if you have a rash and other symptoms of an allergic reaction, stop taking dovato and get medical help right away. tell your doctor if you have kidney or liver problems, including hepatitis b or c. don't use dovato if you plan to become pregnant or during the first 12 weeks of pregnancy since one of its ingredients may harm your unborn baby. your doctor should do a pregnancy test before starting dovato. use effective birth control while taking dovato. the most common side effects are headache, diarrhea, nausea, trouble sleeping, and tiredness. so much goes into who i am and hope to be. ask your doctor if starting hiv treatment with dovato is right for you. steve: another slow news week. welcome to "fox & friends" number one cable morning news show thanks to you.

ainsley: it's the middle of november. we have about a month and 10 days until christmas. >> almost to turkey day. pete: took me all the way through yesterday to throw all of the halloween stuff in a box. ainsley: really? pete: i don't even like. steve: candy? pete: that's all gone. i don't even like halloween. took me that long to get rid of it. now only a little bit of time before thanksgiving which i love. steve: must be something about that side of the couch. brian doesn't like halloween either. pete: i'm not a big fan. ainsley: it's a weird holiday evil. steve: candy and dress up fantastic. pete: if you are 9. steve: i kind of am. it's great to have peter today in for brian. pete: appreciate it. steve: 7:00 in the east. 2 hours out from the second round of public impeachment hearings. former ukrainian ambassador maria yovanovitch will take the stand on capitol hill later today. pete: our own griff jenkins is live inside the ways and

means committee room. good morning. >> good morning, pete, ainsley and steve. let me bring you inside day two history in the making. only one witness as you mentioned in the hot seat. maria yovanovitch. we expect her to say similar things she said in the closed door deposition about being threatened by president trump and that she believed that the president's personal attorney, rudy giuliani was waging a smear campaign against her. we have learned she was emotional during that closed door deposition. and we have also expect the democrats will want her to be emotional and maybe even cry today for the american people. now, republicans, meanwhile, will want to look at the timeline because, ambassador yovanovitch was recalled in may, of course, that call with president trump and president zelensky wasn't until july 25th. here's is how the ticktock goes up there chairman adam schiff will gavel. in there will be the swearing in, the opening statements and it will be the 45 minutes for schiff's side and 45 minutes for ranking member nunes as well. meanwhile, speaker pelosi is changing her language saying

what the president did equates bribery and down in louisiana the president is absolutely pushing back at a rally last night. listen. >> the absolutely crazed lunatics, the democrats, radical left, and their media partner standing right back there are pushing the deranged impeachment witch-hunt for doing nothing wrong. doing nothing wrong. [crowd boos] >> one other thing happening today behind closed doors another deposition this of david holmes. that's the staffer to ambassador taylor who we learned right here in this room on wednesday apparently allegedly overheard a conversation between ambassador gordon sondland and the president in which the president appeared to be most interested in investigations into biden and in this room by the way is not done, guys, it's going to get a lot of action next week. 8 more witnesses over tuesday, wednesday, thursday, appearing here. so we are far from done. guys? steve: no kidding. all right. griff inside the big ways

and means committee. two hours until the schiff show. pete: i'm a little confused though. i thought it was in the intel committee. why are they in the ways and means. ainsley: the room is grand and looks better on camera. pete: a better show. better production. ainsley: better movie. steve: of course, they are just trying to sway public opinion. we know that dan bongino knows that as well. he joining us right now. fox news contributor. former secret service guy and new york city cop and author of exonerated, the failed takedown of president donald j. trump by the swamp. good morning to you, dan. ainsley: hey, dan. >> good to see you all. steve: we heard from griff. we are going to hear from former ambassador to ukraine maria yovanovitch who was dismissed by her post months before the phone call. people are going what's she going to say. apparently she is going to say rudy giuliani launched a smear campaign against me. >> wow, listen, i don't

think this thing could get any worse for the democrats, steve. any democrat telling you otherwise is lying. listen, i have got pretty decent sources like i'm sure all of you have. and scuttlebutt up on capitol hill is the democrats are horrified by how awful this is going. you know, the days of sitting back as a republican party and just taking it and apologizing to the press for being republicans, you know, which means you are evil by default in the media are over. jim jordan, john ratcliffe, devin nunes, elise stefanik on the g.o.p. side made that hearing on wednesday a disaster for them. now, it's going to be worse today for pl for marie yovanovih bush administration mouthing the president overseas. and being involved in a do not prosecute scheme to not prosecute certain left-leaning people in ukraine that may have embarrassed the prior administration. now, i know the left wing media and john solomon's report of this extensively

eager to make that go away and call it a conspiracy theory except for the fact that george kent, marie yovanovitch's deputy already admitted it's not a theory it's in fact a fact. there is a letter that exists which, in fact, verifies the do not prosecute list. so marie yovanovitch who is supposed to be a witness for the democrats, i believe, will actually like kent and bill taylor, turn into a witness for the republicans in this fake hoax impeachment. ainsley: hey, dan, i have heard you say time and time again that normally in your law enforcement career there is a crime, you find out who did it. in this case they have found their criminal, they just have to find the crime. and speaker pelosi, she actually makes your exact point. listen to this. >> we don't even have -- haven't made a decision to impeach. that's what the inquiry is about. if the president has something that is exculpatory, mr. president, that means if you have anything that shows your innocence, then he should make that known.

and that's part of the inquiry. and so far we haven't seen that. but we welcome it. and that's what an inquiry is about. ainsley: she proved your point she is saying he is going to have to convince us he is innocent. >> you are glad you said it that way. i was a cop and federal agent. you find a crime and find out who did the crime. in this case they found out who did it and then they invented a crime. again and again. this is a disgrace. this is a stain on a country. steve: isn't that called framing somebody? >> that's exactly what it's called. it's the worse setup. i also said with spy gate, their last scandal that it was a spy story for idiots. this is an impeachment for morons. i think, think aboui mean think. i always throw the notes out window. someone told me that once. i don't care about rules. here's the deal. this is supposed to be a quid pro quo. give us this and we will give you that. it was supposed to be a deal for ukrainian security aid

that actually arrived. then it changed to no, no, no. it was a deal for a white house meeting. it never happened the white house meeting. then supposed to be a deal for a public statement by zelensky that he never made. that the ukrainians were unaware of, that a ukrainian official testified to yesterday didn't happen. steve: right. >> this thing is a total disaster. how do you have a quid pro quo with no quid, no pro, and no quo. no this or that. this is how dopey the democrats are no collusion no, crime, no nothing. all you have a punch of a some's fable. it's embarrassment the democrats will pay at the polls. pete: is there a chance rank and file democrats those 31 who won in trump districts in 2018 actually step back from the precipice and say there really isn't anything here. this will be massively politically damaging for us, back away? is there any chance that happens?

>> you know, pete, that's a really really good question. and i think the answer is yes. i think at this point -- remember, the rumors that this was going to be a bipartisan impeachment are actually counter rumors. they are like bizarre superman rumors. bipartisan non-impeachment. two democrats voted against this thing. i think there is a strong possibility if this goes to the senate, and it may wrap up sooner, you will have not only two or but four or five democratic senators realizing what a disaster this is? listen, enough of this. this could blow up in their face. you have think they would learn from the clinton impeachment which blew up in the republican party's faces. ainsley: 3.1 million in smaller dollar donations on the first day. >> of course. i heard they got hundreds of thousands of new volunteers as well. listen, money matters. i ran for office. but people knocking on doors and out there with a sign waving on the corner matter,

too. that's a double whammy for them. steve: listen, you just mentioned you when you ran for office. when regard tlaib the now freshman congresswoman from michigan was running, apparently she was having a lot of financial problems. and this has come to life because a house ethics investigation whether she manages used funds for personal use. released financial documents she was big n. big financial trouble in the run up to the election. she emailed this april 4th, 2018. i am struggling financially right now. so i was thinking the campaign could loan me money but ryan said that the committee could actually pay me. i was thinking a one-time payment of 5 k. and then she emailed and she got an email from one of her staffers named andy. pete: response is this the other option is for rasheda to go back working part time

at sugar law blocking off 9 to 12 every day. which would significantly impact campaign activities. fewer doors knocked, less money raised. but would provide rasheda: she texted to andy goddeeris sorry for earlier text. but do you think the campaign can still pay me a sty pend until the general. trying to get out of debt. >> pretty familiar with campaign finance law, having run a few times myself. i would say in a normal media world these would be devastating texts. fortunately for rashida tlaib she is a member of protected class of democrats who are innocent. i was laughing innocent until proven guilty, no, no, no. the democrats are just innocent. there is no until proven guilty. they're never proven guilty. these are damaging texts. here is the rule with campaign finance would the expense have existed if the campaign didn't exist? if you can say that then,

yes, it's a personal expense. that's how you measure the difference between the two. the fact she is openly emailing people asking for loans and someone is talking about her getting a second job clearly indicates these were personal expenses. listen, i'm sorry, if you run for office, your personal financial situation does not factor into it. nobody cares. does your campaign money, your donors are not financing your personal life. if you have personal financial issues, then news flash, don't run for office. i'm sorry. listen. we have some trouble too during our first campaign. at one point someone said hey, your wife works for the website. you can pay her. even though that was legitimate we said no because we thought it looked bad. we didn't take it. this is really bad. this is devastating. again, she is a democrat. so nothing will happen. she will probably get a campaign bonus from her campaign and maybe an award from the ethics committee. steve: her legal team said she did nothing wrong. pete: we shall find out. >> wow, steve, shocker. stunner. steve: hey now, dan, 7:11 here in new york city. you are going to wrap up

this "fox & friends" appearance and then what else are you going it do today? >> we are really excited we have an interview. the dan bongino show we are launching a weekly interview series. and we got a decent guest for the first one, decent. the president of the united states. kind of coming out with a bang. we are honored. it is an enormous honor and pleasure. we will be interviewing him today. be launching on our youtube channel and podcast that bunch.com. afternoon or 1 clock. i'm really excited a bunch of questions for him. i want to ask how he feels about this fake hoax impeachment, too. we haven't had a long public statement on it. i'm really interested. steve: to get the podcast and youtube channel, how do we find you? >> yeah, go to youtube.com/bongino or bongino.com and all the links to the podcast. ainsley: the problem with starting out with the president is who are you going to get next week? >> what do you do next? i told him we will have to

exhume ronald reagan. it's great. we were super excited. you know how this business works when we got the yes we were really excited. pete: good stuff. ainsley: have a great weekend, dan, thank you. >> thanks, guys. steve: meanwhile, border apprehensions plummeting since the migrant crisis. next guest patrols the border and says a lot more work needs to be done. pete: and who is michael avenatti? >> this lawyer's star rose while representing stormy daniels but fell after he was trying to extort millions from nike in 2019. pete: what did they answer? we don't know. avenatti had a response as well. we bring that to you coming up. ♪ dollars, dollars, that's what i need ♪ this piece is talking to me.

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louisiana last night. border apprehensions dropping for a fifth straight month with just over 35,000 arrests in october. that is a 70% decrease from the high of 133,000 apprehensions in may. joining us now to discuss border patrol agent and vice president of the national border patrol counsel hector garza look at big number like 70%. that's a all time high in may. still high but much, much lower. what do you credit it to. >> it's all because of president trump. president trump has been able to engage the countries of mexico. he has been able to engage the countries of el salvador and guatemala and honduras. he has been able to reach agreement. protestoprotocols one of the hue difference in catch and release. we have always said the people were coming to the united states was to abuse our immigration system. that was abusing the catch and release. but because of the migrant protection protocols thanks to president trump.

now we have ended that catch and release and ended that magnet. pete: there are actions happening at the border. there is more wall and barrier being built. border patrol agents being empowered. more facilities to deal with it. you are saying reach down into central america and mexico because another detail in this is that more migrants are coming or more migrants are people crossing the border coming from mexico than from central america which is a change as well. so it's being proactive with these countries that's been a big part of it? >> correct. and it's different things that are happening along the border. for example, building the wall, that is making a big difference. now we have an effective physical barrier on the border when before we did not have that. however, the combination of things. so, even though we were having a good numbers and good success numbers and stopping apprehensions, people are still coming to the united states illegally. we are still getting border crossers coming across and dangerous drugs. that's why president trump is pushing for that wall. every time we build more wall, we are making this country safer. pete: hector, the democrats are obsessed with their

impeachment hearings in washington, d.c. and all the while doing nothing about things like illegal immigration. what's the one or two things that if they could -- if they could actually focus on something that you would want to bring these numbers down even further? >> so this is very important point there, pete. because congress still needs to act. now, these numbers that we are seeing decrease in apprehensions is because the government of mexico, they are being good neighbors. as sooas soon as they decide to not be good neighbors anymore, then we are going to go back to the same crisis or continue to get worse. now, we need to make sure that the congress stops the loopholes. they still need to do their job. fortune unfortunately working on impeachment proceedings ininstead of focusing on the border. pete: called dumb and ineffective. you are just managing to work with partners that will work with you right now. hector garza, thank you so much for your service and your time this morning. great news. >> thank you, pete.

pete: democrats are shifting their argument to impeach the president. here's the shift. >> bribery. bribery. and that is in the constitution attached to the impeachment proceedings. pete: oh, that's their new code word. bribery. you can't bribe judge jeanine. she is coming up next to react. we're carvana, the company who invented

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steve: police searching for a motive after a deadly school shooting high school in california. a student killing two classmates and wounding three others in a span of 16 seconds.

pete: william la jeunesse is live in santa cla rita, california, where classes are cancelled today. william, good morning. >> good morning. those who have seen the video say the gunman showed up on campus yesterday around 7:30 in the morning. he stood on the quad by himself for a while before pulling the gun from the backpack, shot one student. it jammed. he cleared it. shot four more students before turning the gun on himself all in 16 seconds. >> he just pulled the gun out of the backpack and shot people with no expression, like it didn't affect him at all. and then shot himself. >> i knew the shooter because i myself am on the cross-country team. he was the nicest person. i don't know why he would do this. it's just especially on his birthday. >> two students dead. two girls remain in good and fair condition. unlike other school shootings, this is not about response times or police holding back, fences or security guard: three police officers dropping off students and staff and

immediately on campus. now, initially they thought the gunman was at large and going class to class looking around the area. then they looked at the tape and found out that he had been taken to the hospital as a victim. vigils last night in prayers. the gunman they say quite but not antisocial. involved in track and boy scouts. he lived with his mother. he had a girlfriend. he lost his father two years ago. police believe he acted alone, that the victims were not a target, not because of bad relationship or bullying. california you have to be 21 to buy a weapon. have to look at that his father was an avid gunman. he sometimes went hunting with him. probably familiar with firearms. as for the shooter himself according to the sheriff he is in grave condition at a hospital. two local stations report he is dead. one station reporting that he is brain dead and on a ventilator. back to you. steve: all right. from santa clarita, california. william, thank you. terrible story. 7:26 here in new york city. just about 90 minutes from right now. democrats set to resume the second round of public

impeachment inquiry hearings. pete: goody. this comes as they seem to be shifting their narrative on what charges the president has actually committed. listen. >> an office the president may have committed whether there was an explicit quid pro quo or not. >> the crime with the quid. it's something for something. quid pro quo. >> evidence of extortion scheme. >> extorted the way a mob boss would extort someone. >> bribery requires slitting slt soliciting something of value. clearly this was something of great value to the president. >> corroborated evidence of bribery. >> well, here to react is host of justice with judge jeanine and the author of the book "radicals, resistance, and revenge." our friend judge jeanine pirro. hey, judge. >> good morning. ainsley: democrats are saying we hope she cries. she tried behind closed doors we hope she is emotional. >> in a courtroom i would tell my prosecutors, look, if the defendant's mother takes the stand, you know she is going to be an alibi

witness. she is going to look at that jury and she is going to cry and the one thing you don't do is you don't hit her hard. you let her cry. you let the emotion go through and that's the end of it. okay? she apparently has cried or teared of up behind closed doors so we can predict it. here's the bottom line. she should be a big girl because the president can let go of anyone that he wants to. presidents historically replace all the ambassadors. i mean whether it's obama or clinton or bush. this is what they do. and some of the ambassadors they replace two or three times during the course of their administration. she obviously was not very good i must be honest with you on foreign policy. i'm this really good foreign policy person. obama never gave them money they needed to fight with russia when russia was annexing crimea. i don't know what her bona fides are she thinks she deserves a job.

no one is you serve at the president period. pete: reports she bad mouth you had the president. he let her go before the phone call actually occurred. steve: long gone. >> two months before. why does this surprise you? this is all hearsay. look, if you are a trial attorney, you look at these hearings and you say to yourself, are they kidding? are these people really thinking that the american people are that stupid? hearsay -- it's not even hearsay it's double and triple hearsay by people who have a hostile attitude towards the president. they are not going to admit it. they are not going to say yeah, i'm a never trumper. they are not going to admit it. that's not what happens in real courtrooms. they are not allowed to present a defense. the president is not allowed to call witnesses. they are not allowed to object. i have never seen if you want to call adam schiff a prosecutor, i have never seen a prosecutor interrupt in the cross-examination of his witness and say oh, no, you don't have to answer that he thinks he is the judge and jury and he is stopping the republicans. this is not american.

this is a kangaroo court. and the idea that they don't know wha what to prosecute him for like a 5-year-old christmas store christmas time maybe, this maybe this, maybe that they are crazy. steve: judge in that montage of sound bites they went from calling it quid pro quo, which apparently did not poll well with people in the battle ground states. so now they are saying it's bribery. you are a judge. is it bribery? >> of course not. when you are dealing with foreign relations, you have the right to expect something in return. steve: to condition the money. >> to condition the money. whether it's grant money in the united states or foreign money. they are not entitled to our money. it's not a gift. it's not a bribe. steve: that happens every day. >> there is nothing wrong with a retroactive request. this wasn't for 2020. it's for 2016. this president paid a terrible price for what they did. and all he is saying is, look, i want you to find out what ukraine did with russia

in 2016. ainsley: if there were quid pro quo. who would be the victim in the ukrainian president. he said i didn't feel pressure and we still got the money. >> the foreign minister said the same thing to the world. do you know why there quid pro quo doesn't poll well because it's joe biden who did the quid pro quo. let's call it what it is. ainsley: republicans are saying no quid, no pro, no quo like joe. [laughter] steve: pro-joe that's the problem right there. >> you know what? hopefully they will be able to, you know, turn the table but it doesn't matter because they haven't done anything. she isn't even sure she wants to impeach. steve: well, we are going to see her live in 90 minutes. we just saw you live and we are going to watch you this weekend. >> i will be around this weekend. pete: thank you, judge. appreciate it. steve: coming up second public impeachment hearing set to begin 90 minutes from right now. donald trump jr. said he has

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>> how about when they asked these two never trumpers what exactly do you think you would impeach him for? and they stood there and went like, what? [laughter] but they are unraveling, and their sinister plans will fail. they have already failed as far as i'm concerned. steve: there have you got the president of the united states making his third trip to louisiana last night in hopes that a republican is elected as governor there. let's bring in donald trump jr. son of the president. is he also the executive vice president trump organization and author of a number one "new york times" best seller "triggered, how the left drives on hate and

wants to see you lens us." good morning to you. >> good morning. how are you doing? steve: we are great. in 90 minutes we will see the second round of televised impeachment inquiry, you know, the comments from this ambassador yovanovitch. what are you expecting toda today? >> i imagine more of the same. nonsense. we saw that last time. we saw clueless government bureaucrats. this is the sort of stuff that americans hate to see because you realize we are incompetent we are perceived abroad when these guys are on the stand. you saw democratic congress people the other day saying, you know, he said, she said, third party hearsay is oftentimes better evidence than actual direct evidence. i mean, imagine selling that with a straight face to the american people and that's where they are. they have no way of winning in 2020. they have disas russ disasterous

candidates. get back to business. pete: bad crop in 2020 can't beat the president so they're pursuing impeachment hearings but they will never say that unless it's comrade cortez who was on another network and had this to say about what this impeachment might all be about. listen. >> at the end of the day, we have to be able to come together as a caucus and it is this ukrainian allegation what brings the caucus together, then i think we have to run with however we unify the house. we also need to move quite quickly because we are talking about the potential compromise of the 2020 elections. and so this is not just about something that has occurred. this is about preventing a potentially disastrous outcome from occurring next year. pete: preventing the disaster next year. >> i mean, it's amazing. she is saying it out loud but so has hillary, so has numerous people where they

say hey we can't beat him at the polls so we have to impeach him today. there is no basis for it. the people involved don't even have a basis for it. each and every time they come up with something, it doesn't work. we move the goal post again that's their standard play. it's not this anymore it's that what's polling well with the people so we can do damage to him at the polls through this inquisition. it never ends. they realize they have a terrible field. it's why a couple of their biggest funders, whether it's tom steyer, whether now it's bloomberg, have entered the race because the 17 clowns that were in there before didn't work for those guys. i mean, think of what that means. some of their biggest funders are saying this field is terrible. i'm going to have to get in the thing myself. it's amazes. it's just totally ridiculous. but we're seeing it play out in front of our eyes. more importantly the american people get it, guys. the american people see this sham exactly for what it is. they are overplaying their hand as they have done each

and every time. donald trump is crushing it for america. is he putting up numbers in the economy that have never been seen before and he is doing that despite, zero, not one little bit of help from the other side. now, they could do even more. nancy pelosi has been sitting on the usmca for fine months. that could be passed. create hundreds of thousands of jobs for americans. they could work on infrastructure. no, no, no. we have to do whatever we can to damage trump because going into 2020 we don't have a field that can win. and that's a very sad state of affairs for the american people. ainsley: that might be why deval patrick jumped in the race yesterday. this is what he had to say, don. steve: he said i'm jump not guilty race. ainsley: he said he is jump not guilty race. is he a capitalist. i'm sorry. i thought we had a sound by the. what did he say about the. pete: my candidacy is like a hail mary from two stadiums away which doesn't sound like he even believes he can win. ainsley: what do you think about him jump not guilty

race. votes from the black community. people in that area love him. give elizabeth warren a run for her money. >> sounds like a winning plan sounds like is he in it to wish it. again, interesting though given some of the connections there i wonder if that was sort of that sitly done with some of the obama team to get the okay to jump in at this point given those prior relationships i have heard about. speaks more about how bad joe biden is as a candidate the connections there given anything else. i don't know that it changes anything. i don't know that anyone in america looks to massachusetts as this great savior state of someone who is going to get something done as the communist capitalism that these guys have been promoting all along. i don't think it actually goes anywhere. it drags the nonsense on for a longer peerble period of time. all you have to do is look at the debates. when they spend more time trying to limit donald trump's first amendment right to free speech and

they don't even focus on things like china. i don't know why. maybe it's because they have nothing to offer the american people. they have no answers, only complaints. steve: don, before did you go i mentioned you have a number one "new york times." "new york times" gave you a dagger somebody bought a lot of book sales or something like that. >> well, you know, listen, i think they do that to a lot of search books. i noticed steve and brian congratulations you sold more than the number two book but they gave u. the number three slot. they do that. i sold approximately 70,000 books. number two on the list sold 30,000. they are saying because the rnc did a promo where they literally marketed up my book, sold 10,000 copies at a mark-up so for a profit, for more than you could get it in a bookstore. that's a bulk sale and doesn't count. take those 10,000 out of my number. congratulations i still sold two times number two. these are the sort of games.

they must have been in major tears having to give me the number one slot in that one. it must have drove them crazy. that's the way exerting a little bit of revenge by putting asterisk without getting into the details. still good to be king. good to be number one. steve: still promoting. ainsley: you told our viewers buy my book not brian's because the alamo ♪ going anywhere. [laughter] >> alamo has been around for 20200 years. it's not going anywhere. can you wait a week. brian, congratulations as well. ainsley: he is not on the couch today but we will let him know. >> very nice. steve: "triggered" is the name of the book. pete: and rigside what the "new york times" likes to do with its list. they do. todd piro talking to voters in louisiana after president trump's rally last night. is he coming up next ♪ ♪ - [narrator] meet the ninja foodi air fry oven.

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jillian: good friday morning to you. back with headlines. ice can no longer make arrest inside or near state courthouses in oregon. the chief justice of the oregon supreme court enacting new rule that requires agents to get warrants. agents have been turning to courthouses for arrest because local police refuse to cooperate in the sanctuary state. california, new mexico new york and new jersey also block ice from making arrests. flex their mental muscles, one question stumps them all. watch this. >> this lawyer's star rose while representing stormy daniels but fell after he was accused of trying to extort millions from nike in 2019.

his name? forgotten, obviously. michael avenatti. jillian: not a single person there remembered the anti-trump lawyer. avenatti fired back ben affleck, jane fonda, gerald ford, pulp fingz. 24 hours of le mans. what are answers james holz hour didn't know on jeopardy. he won 32 straight games earlier this year. those had your headlines. steve: i guess the three of those contestants do not watch the news. ainsley: i could not believe that i guess it shows in our business we know who he is the rest of the world doesn't. pete: living another life. steve: president trump bringing america first message down to voters last night in louisiana. [chanting u.s.a.] ♪ >> we are returning power to you, the american people. that's what this is all about. with your help, your devotion, and your drive, we are going to keep on working. we are going to keep on

fighting. and we are going to keep on winning, winning, winning. [cheers and applause] steve: i think the people there liked that message. pete: i think you are right. check back in with tv's todd piro having breakfast with friends at cafe u.s.a. in bossier city, louisiana. todd, good morning. todd: hey, guys, good morning. we are talking about the issues that the president discussed at the rally last night. but, you know what else we are talking about? we are talking about u.s.a. because, like you said, this place is called cafe u.s.a. it was started after 9/11 to honor all things america and honor our military and what better way to do that than with our upcoming guests here. we begin with john. john is a vietnam vet. thank you, sir, for your service. when it comes to impeachment, you say be careful what you wish for. why? >> well, when republicans win, in three or four or five years and they don't like the democrat president, they will just vote him out.

todd: okay. >> like schiff says, it's going to change this presidency and future presidencies for the worst, i'm afraid. todd: when it comes for voting you say you will vote for a democrat if they are good on vet issues. this field is too far left. >> i don't like any of the 2020 field. i don't want to be a venezuela. i'm so afraid of that at my age. i can't do it anymore. todd: john, thank you. larry, retired air force. thank you for your service. you grew up democrat but say your family is rolling over in their graves looking at what the democratic party has become. why? >> yeah. they would have not appreciated this current field. it would look to them like we were some, like he said, venezuela or some foreign country that has no -- bears no resemblance to the united states. todd: when it comes to impeachment, you say congress think the american public is stupid. why? >> because, when i listen to the different testimonies and things, like yesterday i listened all day long. and when i got done, like i

told you, i'm 80 years old, and either i'm hard of hearing or don't comprehend things well because they are telling me what i heard. and that's not what i heard. todd: all right. larry, thank you. preston is also a veteran. we don't have time to get to him but thank you for your service. we appreciate all our veterans and everybody here at this great place. let's give everybody a round of applause. [cheers and applause] steve: thank you, todd. breakfast looks great. pete: it does. steve: then again we are really starving. pete: what are you looking at chicken friday steak? steve: those little sausage sandwiches. ainsley: he has written cookbooks. steve: i have indeed. we have been telling you about the homeless crisis in austin, texas. now the city there is spending $8 million to put homeless people into a hotel. pete: texas attorney general ken paxton says it's a step in the right direction. he will explain it to us coming up next.

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steve: the city of austin, texas, tackling homelessness head on. overnight the austin city council voting for a multi-million-dollar plan to buy and renovate a motel to house the homeless in that motel. this comes as a statewide homelessness there has declined by merely 30% over the last 10 years. what can states like california and oregon learn from texas? texas attorney general ken paxton joins us today from our d.c. bureau. ken, good morning to you. >> good morning. steve: okay. we see that they have a terrible problem with homelessness in california. compare and contrast what california is doing as opposed to texas. >> well, look, it's a disaster in california, san

francisco, my son lives in san francisco, l.a. what we are trying to do is provide solutions to get them off the streets and to get them out of camping anywhere they want, which creates a huge health and safety risk to the residents of austin and other cities in texas. steve: and, in fact, that's why we have seen so much -- so many homeless folks in austin and right there we are looking at california, i believe. but in austin, the town council said, you know what? we are going to let anybody camp anywhere in austin on a public spacex september in front of city hall. >> you got it exactly right. and that was where our policy -- that happened in the happened in the middle of the summer and thankfully our governor acted and said we are not going to put up with this. we provided space for them to move to. now the city is stepping up like they should have and they are going to buy a motel and start housing some of these people. steve: i remembered when i lived in washington, d.c. years ago. there were a number of motels that were used by the district of columbia to do

just that this is not a new idea. >> no. it's not a new idea. it works. it is common accepts. the people that are living in downtown austin or having to commute into austin, this was not good having these people out on the street walking all around and creating issues. steve: all right. ken paxton, joining us today from the d.c. bureau. sir, thank you very much. >> absolutely. have a great day. steve: you as well. all right. meanwhile, the second public impeachment hearings set to start in one hour. that's live picture as you can see right there. that's where the witness, ambassador yovanovitch is going to sit. geraldo joins us o after a quick time-out. you are watching a very busy "fox & friends" for a friday. ♪ ♪ nice. his haircut is "nice." this is the most-awarded minivan three years in a row. the van just talked. sales guy, give 'em the employee price, then gimme your foot. hands-free sliding doors, stow 'n go® seats. . .

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♪ "we built this city" on rock and roll ♪ ainsley: they're getting ready in washington for day two of the impeachment hearings. pete: the guy didn't know he was in the shot. steve: a technician making sure microphones work. you want to hear things. oh, you can see -- ainsley: adam schiff, his chair is a little higher. steve: big chair this big room. pete: they cranked all the other ones down low. steve: looking at capitol hill, where just one hour from now the second roundround of live impeachment inquiry hearings will begin. former ukraine ambassador mariey vaughn very much will -- reporter: they kicked me out. we're waiting for yovanovitch to

arrive. nine okay r okay she will be gaveled in. she became emotional and cried during the closed-door session. republican sources they want to talk about former ambassador yovanovitch's timeline. she was recalled in may. we know the zelensky phone call didn't happen until july 25th. we expect republicans to really drill in to the fact that the president has full license to fire people at his pleasure who serve as ambassadors. meanwhile speaker pelosi yesterday quitting, saying that what president trump has done equates bribery. listen. >> the bribe issue, grant or withhold military assistance in return for a public statement of

a fake investigation into elections. the coverup makes what nixon did look almost small. reporter: that is not what the president thinks. he was down in louisiana of course at a rally speaking out and pushing back heavily against these impeachment hearings. listen. >> absolutely crazed lunatics, the democrats, radical left and their media partners standing right back there, are pushing the deranged impeachment witch-hunt for doing nothing wrong. doing nothing wrong. reporter: guys, there there wile also a closed-door deposition as well. that is what an individual dade holmes, staffer, aide to ambassador bill taylor we learned on wednesday alleges he overheard a call between ambassador sondland and the president. the president was interested in investigations. next week, tuesday, wednesday, thursday, eight more witnesses

just like yovanovitch will take that hot seat. we're far from he over. ainsley: why do they do that? they interview him to see if there is any there there. then if there is they will pull him out for all of us will see. reporter: they want to find out what holmes would say. it was alleged he overheard the president talking to ambassador sondland. that the president was interested in investigations into biden. sondland has been called. many people up on the hill believe he is a wild card because he will speak directly as first account witness as to what the president said on the call, clearly democrats and chairman schiff want to know after disposing holmes how he would react if they put him in the hot seat. >> sondland's lawyer says he will address it when at the appears in the room behind you next week. griff, thank you very much. let's bring in geraldo rivera, fox news correspondent at large. while nancy pelosi and adam schiff have staged this.

>> good morning. steve: this impeachment inquiry is really a tv show to turn public opinion against the president. so far how have they done? >> i don't think they moved the needle very much at all, steve. in a broader context, examine what speaker pelosi said yesterday. i think it is alarming. because of all the noise about the hearing and the ambassador testifying and so forth, you might tend to call it just a, just political, you know, rhetoric. but it was very, very significant what nancy pelosi said. she said russia, russia, russia, putin, putin, putin, all roads lead back to russia. in other words the speaker of the house of representatives is ignoring the last three years of the litigation of the russia collusion host that found that no american colluded with any russian to fix the 2016

elections. nancy pelosi, the speaker of the house, is saying that donald trump is indeed a russian spy, asset, ally, going back over that territory as if the mueller report never happened. it is in that context, that the whole ukraine-gate happens. all right. we failed with russia but continuing that narrative, what else do we have? the president gave them a golden opportunity with that ill-advised phone call to zelensky, the ukrainian president. however i think this thing will fall flat on its face. i think the ambassador's testimony will not do anything for the democratic case. republican attack her. the attack on her credibility will not help republicans either. she will cry. the republicans will look like bullies. jim jordan will be pilloried as a man who picked on the little old lady. i think that what you're seeing now is a failed exercise.

you mentioned, i don't mean to do a monologue here but i have been tracking you guys all morning. what you did, you mentioned very accurately the evolution of the democrats case. first it was a quid pro quo. where did that go? too much latin. fell flat. what was next, extortion? people couldn't figure out what the extortion. then from extortion to bribery? why did it go to bribery? it does not more specifically define what the president was attempting t mimics the language from article ii, section 4 of the constitution of the united states. the president 1458 be impeached for treason, bribery, or high crimes and misdemeanors. bribery is spelled out in the constitution. that is why they're doing this -- ainsley: the guy he was allegedly bribing said he never felt pressure and they did get the money? >> of course. it is, it is even more specific

than that. ukrainian foreign minister says, quote, u.s. ambassador gordon sondland did not link financial military assistance to a request for ukraine to open up an investigation to former vice president joe biden and his son hunter biden. how do you have extortion or bribe when the purported victim says no crime occurred? i rest my case. pete: geraldo you said the president gave them a golden opportunity with the ukraine phone call. it can't be the same thing. ultimately the democrats had their golden opportunity two days ago, where they had the two-star witnesses before the public, eyes on the television camera, they couldn't deliver a single thing they saw or heard as individuals. they never even met the president. from here does it only fizzle down? do the american people see a show? move the hearing to the ways and means committee because it looks better?

let's interview people behind the scenes bring them out if we like what they have to say? have the democrats not blown a case never golden to begin with? >> you know it depends, pete. it depends where we go from here. i think right now the republicans clearly have an advantage, the first two witnesses were at best fizzling to neutral but that does not mean the president is not going to endure some hardship from here until this is over. ultimately i think this will help the president's re-election, but there's a rough road to go from here until there. for example, what if john bolton testifies in a negative light about his dealings with the president? what if mick mulvaney, if these guys are forced ultimately to testify, these are, these are hands on, first account. this isn't, he said/she said, telephone tag, what is it, you know, six lines down the road. these are direct witnesses to

something that happened or did not happen. i don't expect either of them to try to bend or, the truth, so the truth will be whatever the truth is but i expect they will be discomfort in the white house before the president ultimately prevails. ainsley: follow the money, right? if you look the money the trump team is saying they had one of their best fund-raising days ever. they raised $3.1 million in small dollar donations during the impeachment hearing. the president said we did nothing wrong. they're doing nothing. to your point about the victims, if you came into my bank, you were on trial for robbing my bank, i took the stand said no, there was no robbery, he never robbed the bank. he is innocent. i'm innocent. but they're still putting us on trial. >> that's absolutely, lay it out, ainsley, perfectly, it is how do you have a robbery no money was taken? ainsley: exactly. >> how do you withhold foreign aid when foreign aid was

lavishly given, far exceeded lethal aid, far exceeded anything obama did. remember under president obama's watch that ukraine lost crimea, lost the eastern front with russia. it wasn't when president trump was in office. when president trump was in office the situation has stablized and we're trying to figure out where we go from here vis-a-vis ukraine and russia and the whole situation in eastern europe. pete: if you say ainsley's case is a good one which it is, why would you be worried about mick mulvaney or worry about john bolton where this is foreign policy differently and different focus. >> ambassador bolton, i'm pretending, ambassador bolton, is it not a fact that you were ranting and raving about the president wanting an investigation of joe biden and hunter biden? isn't it a fact that you were ranting and raving about sending

rudy giuliani to ukraine, circumventing the established foreign services officers on location? you know, there can be some embarassment pete, unfortunately. i think it amounts to nothing. sound and fury signifying totally nothing. it will be enough to muck up things. i would, if i were in charge, if i was mitch mcconnell, right now, here is what i would do. okay, be careful what you wish for. got iowa coming up. you got new hampshire coming up. followed by south carolina, nevada. so forth, what i'm going to do, i will have my trial in the united states senate and i'm going to kick your butts in plain sight. they will see shallowness of democratic case at same time they're picking nominee to run against the president. i think this ultimately strengthens the president's re-election. steve: brought upjohn bolton, because of mulvaney, because of separation of powers, we're

asking a court to decide whether or not we should have to appear. regardless of a subpoena. and the democrats are not willing to wait. instead because they just have to get that tv show out right now, they said you know what, we don't need bolton, we don't need mulvaney. instead they have got the people who we say the first day of the proceedings who essentially were giving a seminar in how ukrainian policy should be enacted and they don't like the way this president does it? >> it is kind of dweeby. i honor their service, bow tie and everything, i said to myself, this is what i hate about washington. all these know it alls, preppie guys, they serve, you know, i have been with plenty of foreign service officers ryan crocker, some real heroes. i remember being in kabul with ambassador crocker, when we were bombed by the taliban, they have real guts and real courage. what you saw there, two men,

generally against their will but honor bound to tell exactly what they saw, if with a bit of relish and flourish and you know, i, i think like i said, you saw whatever you wanted to see in their testimony. it is still a zero. the needle hasn't moved up or down. steve: right. >> ambassador yovanovitch, as long as they don't make her cry. we go into thanks giving week. it will be christmas. it is next year. it is iowa, new hampshire. steve: without a smoking gun, and there is no reason we should even believe one coming up because they leaked out all the damaging stuff against the president so far, adam schiff according to republicans without that smoking gun that vote will be hard for nancy pelosi to take to put 30 democrats in a real pickle? >> i totally agree. i think that, this will show

ultimately that the democrats were trying to draw to an inside straight. they did not get it. i think the president gets the full house. he wins. but it is, you know, there is going to be a lot of unpleasantness. i don't think we can deny it will be, it will be a rocky road for everybody much reputations will be made and lost. if, for example, the president had only declared that rudy giuliani was a presidential envoy, there is a long history of presidential envoys in american history. if only he had given him a official designation we wouldn't be here today. it would have been so easy. could still do it. make a rudy giuliani envoy. fdr had envoys, woodrow wilson had envoys. george washington had envoys. make him an envoy, not a private attorney that looks sleazy. pete: we'll make you our envoy,

geraldo. >> i would love to defend the president. pete: thank you very much for your time. ainsley: would you rather be an envoy or a czar? pete: think about it. ainsley: have a great weekend. steve: president trump held a big rally in louisiana last night hours ahead of today's public impeachment hearing. pete: so what do the folks think? the voters? todd piro having "breakfast with friends." >> we're here at a cafe usa. what better symbol of usa when "fox & friends" returns. ♪ the ninja foodi grill, the grill that sears, sizzles, and air fry crisps. 't easy. 12 hours? 20 dogs? where's your belly rubs? after a day of chasing dogs you shouldn't have to chase down payments.

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♪. steve: we've been looking at live pictures from capitol hill and various venue locations at the longworth office building because the second day of public peeve peach hearing inquiries are about to start on capitol hill in about 40 minutes. what do voters think of this push to impeach the president? pete: ultimately the question that is going to matter when this is all done. todd piro is live in cafe usa in louisiana where the president held a rally last night. good morning.

>> that is the question. let's get right to it. preston is a veteran. thank you for your service to our country. what do you make of the investigation? >> it is embarassment to our country. >> why do you say that? >> the way they're treating the president. and he is the president of the united states. he should not be treated that way. you know, he does a few things that he shouldn't say, however, he is a human being. >> thank thank you for your tim. we appreciate it. thank you for your service. debbie, what do you make of the impeachment inquiry? >> it is ridiculous. we finally have a president standing up to do what needs to be done and they're not backing to him. they're being awful to him. >> debbie. thank you for your time. we'll come down to bob. you had very harsh words for the impeachment inquiry. >> the harsh words are, where is the law? the united states is built on law and the democrats have

absolutely no respect for the way the law is supposed to go. we're trying to indict an american citizen on hearsay, not just secondhand, but third hand and fourth-hand. and the -- >> bob i have to get henry action in here. henry, take us home. what is your take on impeachment. >> it's a fake, phony sham. it is going nowhere. >> that is it from cafe usa. back to you guys in new york city. [applause] steve: job well-done, the breakfast bunch. ainsley: i love those. to the people. steve: let's talk a little bit about this. house intel committee set to question marie yovanovitch 40 minutes from right now. next up we bring you final thought before the day picks off with official fox news coverage with all those famous faces. ♪.

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we make it easy to enroll, too. so call unitedhealthcare or go online today. [sfx: mnemonic] ♪ ainsley: filling up in washington. steve: it is indeed. they should start questioning of the marie yovanovitch, former ambassador to ukraine, coming up in 35 minutes. she was, she was not actually in that post when the president made the phone call. she was recalled in may after facing an onslaught of attacks from right-wing media, with encouragement of rudy giuliani, is the way that "the washington post" describes it. so we're going to hear from her

today in public. and then this afternoon they're going to behind closed doors interviewing that fellow, mr. taylor revealed apparently a staff member who overheard the phone call between ambassador sondland from ukraine and the president of the united states where they were talking about an investigation. pete: because this is a two-step process. interview people in private, so you can determine whether they're useful witnesses for you. then roll them out into public. but the problem is, that republicans -- ainsley: if fits your narrative. pete: problem democrats faced, that republicans are asking questions too, pesky ones, reveal this is not first-hand knowledge. today for someone wasn't even on the phone call, you read what "the washington post" said, that is what the democrats are saying because they're one in the same. republicans say this is ambassador said bad things undermined president overseas. if that is the case of course it

is the prerogative of the president to remove her. ainsley: nancy pelosi said in march, only way to impeach a president do it in bipartisan way. they're not allowing that to happen. that is what gentleman was saying, eating brake fast, todd interviewed him. said we have a nation of laws. the democrats are not following the law. democrats get to decide who gets to testify. interview them behind closed doors to fit their narrative, and we see them on the stand to see the questioning. not allowing republicans. only three of them were acceptable. now marie yovanovitch she was not the ambassador when that phone call was made but she had to step down because the president, she says, you need to get on the next plane. the president lost confidence in her, had been pressuring state department officials for months apparently to remove her. steve: as we look into the house ways and means committee room, you can see behind that row of the seats behind where people in

congress sit, you can see three different signs. we zoomed in and the first one, screen left says, what the ukrainian foreign minister said just yesterday. he said, i have never seen a direct relationship between investigations and security assistance. so no quid pro quo essentially what that one is. the middle one is, i'm concerned if we don't impeach this president he will get reelected. that is what representative al green said. pete: also what alexandria ocasio-cortez said just yesterday. ainsley: impeachment is about unifying democrats and preventing trump's re-election. steve: right. in the middle you see the 95, small print, is 95 days since adam schiff learned the identity of the whistleblower. the republicans would love to have the whistleblower testify. there are ways they could do it the person's identity would never be revealed. that way the republicans could

figure out whether or not as has been alleged online and elsewhere they do name this whistleblower, we have no knowledge whether or not it is accurate but they allege that it is a partisan with an axe to grind with donald trump. pete: yeah. because the republicans are saying if you will launch an entire impeachment inquiry, based on the word of a so-called whistleblower whose information was later leaked, adam schiff likely knows who it is we should have the right to hear from that person. it is fruit of a poison tree. where did it come from? where did this all start? republicans pointing that out. ainsley: will this backfire on democrat or will it help the democrats? trump team saying they had one of the best fun raising days on impeachment hearing one. they raised $3.1 million in small dollar donations. steve: day one two witnesses said i never met the president, i never talked to the president, i have no first-hand knowledge. it was all hearsay as republicans said, fourth-hand

knowledge. but you have got the woman today who was dismissed long before the phone call even took place. ainsley: we have a whole team here at fox that will be covering this all day for you. and now we will hand it over to our special coverage. ♪ >> good morning, everyone, day two of the public impeachment hearing. marie yovanovitch will testify. we say hello, earlier today. 830 here in new york i'm bill hemmer. >> sandra good morning

sandra: we have live fox team coverage for you this morning. andy mccarthy here. ken starr, bret baier are in washington. juan williams, dana perino joins us here in new york city. mike emanuel live on capitol hill. >> good morning to you. we could see a emotion. source said ambassador marie yovanovitch cried during the closed-door deposition, talking about removal from her post. yovanovitch is career member of the foreign service, joining 1986. former deputy chief of mission at the u.s. embassy to ukraine. she was named ambassador by president obama in 2016. she was recalled in may of 2019 before departing in may.

she testified in nine hours closed-door hearing october 11th. she was told by officials president trump had been pushing for her removal for months. she objected to rudy giuliani jewel's use of unofficial channels to conduct you crepe policy. she suspected ukrainian associates were threatened by anti-corruption efforts. the president said yovanovitch was going to go through some things with the call with zelensky. yovanovitch said she felt threatened by president trump's remarks on a call with zelensky. republicans noted with other career foreign service officials that an ambassador can be removed from the post by a president. the president has that power. term of art here in washington is serving at the pleasure of the president. expect republicans to say she was not there when the phone call happened in july. democrats say giuliani and others want her out of the way. yovanovitch will have her chance

to tell her story to the nation. sandra, bill. bill: top democrats making the case president trump committed bribery, a slight shift in their strategy. we want to bring in legal minds, former u.s. assistant attorney andy mccarthy. former independent counsel ken starr. good morning to both of you. ken, i will begin with you. democrats are trying to tell a story, develop a story for the american people, maybe members of congress as well. what part of that story will today's testimony fill in? >> it is going to be very indirect because again as we already noted she was not there for the call. i think one of the things that the republicans would do well to bring out, in the call with zelensky, the ambassador was not participating, she was no longer involved at all at that stage. she is at georgetown university, i would call it the fresh start. president zelensky said i have recalled my ambassador. there was almost an agreement.

we need a fresh start. she was apparently viewed, rightly or wrongly as close to the prior president poroshenko. he got wiped out in the electionsed. zelensky won 70% of the vote. i think she will come across as a very sympathetic person who perhaps was treated unfairly, perhaps even shabbily, still the president does as we all agree, she will agree, has the prerogative to do what was done here. we continue to be one or two steps away from the oval office. this is not a john dean moment. i sat down with the president and engaged in a criminal conspiracy. bill: let me come back to the last point in a moment. andy america cart think, how should or will republicans handle cross-examination today when they get a chance to ask their own questions? >> they will focus in on the fact that she doesn't advance the ball in terms of substantive crime we're looking at.

they want to push bribery theory. she doesn't help them do that. on the other hand as judge starr mentioned, this is the kind of testimony that can frame the matter so the fact-finder can understand it. it can be very effective in terms of atmospherics. i remember when we started our terrorism case against the blind sheikh years ago, the first witness we put on the stand, or the first piece of evidence we put in was video of the blind sheikh giving a speech to a bunch of hamas activists and what it showed his sort of eminence and how they reacted to him. it didn't advance at all the proof of the charges that we laid out in the indictment but it gave the fact-finder a real flavor exactly who it was they were dealing with and the circumstances under which everybody acted. bill: interesting there. ken starr, at the end of the hearing on wednesday you asked a

question, where's the crime? are we closer to finding that or further away, do you believe as of today? >> i don't think we're going to advance the ball in terms of was there a crime. and the facts are going to remain ambiguous and subject to interpretation. so we're not talking about a court of law. we're talking about the high court of impeachment. if anything, the standard has got to be very high. that is, i would put it simply this way. has the american people, they're the jurors, have the american people become convinced by virtue of these public hearings that the president committed such a serious offense that he should be removed from office? that is extraordinarily high bar. i don't think we're anywhere near that yesterday. there are a lot of characterizations. frankly my own view the president should not have mentioned the bidens, i think that was unwise on his part. lack of wisdom is not an impeachable offense.

bill: stand by, thank you both of you. ken starr, andy mccarthy we'll be in contact with you many hours as former ambassadors arrives on capitol hill. sandra: those are the questions, moments away from the second day of public impeachment hearings. there are big political questions this morning heading into all of this as well. let's bring in our panel. bret baier, chris wallace, martha maccallum. why have democrats chosen marie yovanovitch as their next witness? >> as you see her walking in there, capitol hill, a long day of hearings to begin. they see her as sim threatic witness, direct casualty they say was ukraine pressure campaign. they listened to her testify behind closed doors. we're told at times it was emotional in the nine hours of testimony. she believes she was treated poorly in this administration and this effort outside of the

direct lines of the job that she felt that she was doing on the ground. that said, we come back to, is it impeachable? the ambassador serves at the pleasure of the president. i talked to two senior democrats last night. they said and conceded that they do not believe so far or yet that major public opinion is going to shift in these hearings. they do believe that ambassador sondland's hearing coming up next week is going to be a key moment but the key part is the math and is anybody moving, any republican moving to, one, impeach the president, two, if it goes to the senate, it likely will, to kick him out of office in an election year? sandra: that is the big question, martha. we discussed this yesterday? are any mines being changed. a lot of people tuned in to watch hearing yesterday. >> doesn't appear any minds were

changed from what we saw yesterday, sandra what is interesting to watch from today, from a purely political 2020 standpoint, there are pieces being written this morning in the media calling this a moment of reckoning on gender. "the washington post" writes about the fact that nancy pelosi initiated this impeachment inquiry. a woman who was in the majority because women brought the majority to democrats side in the 2018 election. i think that this focus on, you know, how she has been treated as a woman because obviously there are weaknesses for president trump in the female part of the vote as they look forward to 2020, i think it is just a really interesting way, lens to look at this through, if perhaps there is an effort to sort of show he was unfair to her because she was a woman. as she enters the spotlight the latest woman who refused to acquiesce to trump in the face of personal and gender specific

attacks. that is potentially a bit of a hotbed if that is the way they will try to score points here. sandra: chris, do democrats feel like they built a case at all during the first day of public hearings? >> i think they felt william taylor did lay out a pretty specific, detailed, with notes that he took, timeline to explain what happened. i think they also recognize what the republicans have been saying which is that this is all second and third hand, as been mentioned by ken starr. there is not a john dean moment that takes them inside the oval office, the president said this to me and i told this to him. i think marie yovanovitch is important witness in this one sense. she put as human face on allegations here, the alleged scandal. she is a victim of the alleged smear campaign by rudy giuliani and others as they were trying

to work their way to get what they wanted out of the ukraine government, specifically an investigation of the democrats in 2016 and of joe biden who at that point was president trump's prime rival. we talk about, well, the president can remove any ambassador he wants. she was appointed by barack obama but in april of, march, rather of 2020 the trump administration asked her to stay on until the end of 2020. it was obama in 2016. the trump administration asked her to stay on. she was very much the president or trump administration's woman there. suddenly in april she gets word you have to be on the next plane, you have to get out. this was far after a anti-corruption campaign, that she was corrupt herself.

her effort says this is part of a campaign. this goes to the democratic argument, this didn't begin and end with a phone call. there was a campaign long before the phone call and after the phone call to try to pressure ukraine to do certain things. that marie yovanovitch was the victim of that campaign. sandra: thoughts from you as we see the hearing room fill up, bret? >> republicans would counter that it doesn't matter. that she can get ebb kicked out at anytime. you may like how donald trump does his job, but he is the the president of the united states, the ambassador serves at pleasure of him. that is how they will counter. however, i do think in context here, the big picture after two years of the russia investigation came to an end without a direct connection between the administration and collusion, there is not a lot of capital to be expended to go down this road without results. so as we continue to go through

here. it is about public opinion, and swaying public opinion. if they can make the narrative stick over these hearings. sandra: thank you. bill: we expect today's testimony to last well into the afternoon. marie yovanovitch age 60, now there on capitol hill. she spent more than 30 years working overseas. ambassador to kyrgyzstan, armenia, ukraine up until this past year. well-known in diplomatic circles. she is the only public witness we see today. how is it playing as we head straight into another election year. dana perino, one williams on of it all after this commercial break.

♪. bill: less than 15 minutes away before the gavel begins on today's hearing. adam schiff starts hearing at minute. 45 minutes on one side, 45 minutes on the other. we work to later hours, early afternoon you get five minutes for each lawmaker on the rest of the committee. how does this inquiry play out for 2020 elections? with me co-host of "the five," political analyst juan williams and daily briefing anchor, dana

perino. >> good morning. bill: what are you gauging in terms of politics, maybe not necessarily in the room, more importantly outside of the room? >> yesterday morning i read a wide range of media from the fartherrest left, fartherrest right, everything in between, i think the headlines told the story, democrats seemed disappointed a little bit subdued. they're not quite despondent. i think they, it is fair to say they were thinking huh, maybe we have bitten off a little more than we can chew here. republicans feel pretty good, a little bit outraged but not overexuberant in their confidence that this is something they could brush off. today they have another chance. i was disappointed to hear from the democratic side there was emotion from the career foreign officer. we don't have the context. she was there for nine hours. if i had to sit in front of them for nine hours, i might show

emotion as well. there might well be tears. she is obviously a very professional person. i can imagine when she was told as chris wallace pointed out, she was asked by the trump administration to stay. she was doing her job. she finds out giuliani and others are saying she is a bad actor. they want to get her out. all of sudden in april of 2019. she gets called back. i imagine she is a little bit demoralized, professionally embarrassed a little bit outraged by what happened. maybe we'll hear a little bit of that. i don't think you need to bring a witness to tears in order to improve your headlines that there is something like exciting happening in these hearings. last point before we turn it over to juan. i feel after reading all of that coverage yesterday, getting a sense of things, if president trump for some reason were to lose in 2020, it won't be because of impeachment. now if he wins and he is strengthened politically after this exercise and he improves on

his electoral college numbers and in the popular vote, i think that arguably republicans and democrats will point back to this moment of impeachment as helping him win re-election. bill: a very interesting analysis. juan, your turn, are you despondent today? >> not quite despondent. >> not quite. it's friday. i will say this, i think the democrats are far from despondent. speaker pelosi yesterday again came forward said what she heard on wednesday, bill, struck her as building the case for bribery, which is clearly an impeachable offense. what we're going to hear today, i think is, someone who is a career diplomat. someone who comes from foggy bottom, state department central and is widely respected there and part of the upset at the state department is over how she was treated. we heard this on wednesday from bill taylor. also from george kent, that both

said that marie yovanovitch was treated so badly. why did they say that? because, not only did the president say she will go through some things, that she is a bad actor, but there were stories put out that the state department has knocked down suggesting that she had given a do not prosecute list to the ukrainian prosecutor in order to somehow defend or protect people involved with the bidens. and that somehow she had become part of the corruption. diplomat in washington think this is outrageous that she would be treated in this way. that she would be jerked out of her post, given her lifetime commitment to serving the united states of america and high ranking she received as a diplomat. so i think you're going to see so much of that on display today, much like what we saw on wednesday, she is pretty much a sober, reserved person. she looks like a diplomat. she won't have on george kent's

bow tie but she might as well. looks out of central casting in that regard. bill: part of the point you make here, if you talk to a lot of people on the hill, they will tell you when she was recalled, that triggered numerous government employees, washington, overseas, alerted them to what was happening in ukraine and focused their attention especially in april and may last year. i expect you will hear a little bit about that today, target on rudy giuliani, what was happening during the spring of last year. stand by guys. to sandra. sandra: andy mccarthy to talk about the gop hearsay argument. as we know democrats will continue down their course. we talked about their strategy this morning, andy, you've been writing about the gop strategy. is that working for them, to continue on with the point that this is merely hearsay, and in this case the witness was not on the call as we see today? >> it works as a political

argument. it does resonate people where jim jordan reads long answer, six people having four conversations by the end of it you really don't know what you started with but legally what i would be concerned about, they're eventually walking right into a left hook because when you keep saying hearsay, hearsay, hearsay, you are raising the importance of the statement, and you're suggesting that this would be really damaging if it were from a source that is actually admissible rather than a hearsay source. the problem that they have is twofold. number one, the source that is admissible may be coming next week. sondland is the guy who was the source of a lot of the hearsay that they're pointing to. he will be there next wednesday i believe is the schedule. he could end up confirming the statements that they have now raised the importance of. the second thing, i heard last night that they want to now make

an argument that the federal rules of evidence should apply to this hearing because it is a thing of such magnitude and i guess the up shot of that argument was that, under the federal rules of evidence, these statements would never come in. the federal rules of evidence have a lot of exceptions for hearsay, and one of the big ones, for example, is coconspirator statements. if a person makes out of court statement done in the course of a conspiracy and furthers the conspiracy along, that's an admissible statement. if the suspect makes a statement, and is charged, that's an admissible statement. so i don't think it will be helpful to the republicans after having made this argument, if somebody comes in later on and says, you know, i think this statement does come in under the coconspirator rule, coconspirator exception to the hearsay rules. that doesn't mean there's a conspiracy if it is admitted

that way, but in terms of the political rhetoric, i think that would be a very damaging thing as far as the public reporting of all of this. sandra: you can see the hearing room is filling up this morning. as we await the witness to take the seat there. for this hearing to be underway in a few moments from now, what exactly will you be watching for today in terms of anything that will move the needle in all of this? >> i'm sorry. me. i'm going to be, i'm going to be watching the way the republicans conduct themselves. i think we know all the facts. we have the transcripts. she is not going to be saying, oh by the way, i just recall the following information. she is not a great fact witness. what i think we're going to see is a portrayal of the trump administration, the president himself, those close to the president, who behaved in a shabby way, who behaved in an unfair way. who dealt with rumor, innuendo,

and the like. there is another tale to be told including endemic corruption in ukraine. the fact that burisma was involved in that corruption. that the ceo founder of burisma was deeply under suspicion, raising the whole hunter biden thing but one of the things that, becomes clear in her closed testimony is that the president of the united states was extremely skeptical about aiding ukraine because of this endemic corruption. corruption, corruption. why did zelensky win? we have to back up. how did all this get started? zelensky won 70% of the vote, poroshenko, his predecessor was viewed as corrupt. who was this ambassador for all of her many qualities close to be, because she needed to be close to? poroshenko. as i said earlier it was time for a fresh start. we'll see if republicans can

paint a more flattering or reasonable narrative. bill: stand by. three minutes away before we begin here. chris wallace, we'll hear from her testimony today. there are private depositions, there is one today in fact underway. david holmes, counselor for political affairs in ukraine. that was one of the bigger stories that came out on wednesday. he apparently overheard a conversation about the president and there is reports there may be a second individual who come forward as well. point being we're not at the end of the witness list on this yet. >> no, not at all. there is really a question to how long the hearings will go on. there will be three days next week, tuesday, wednesday, thursday. the democrats are not saying that is the end of it. we get following week as thanksgiving week. democrats talked repeatedly, talked about finish the whole process, whether or not to impeach the president by thanks giving. they're putting off that till

christmas. that raises questions. if they, let's say just suppose they did vote to impeach the president before christmas, then senate trial begins in the new year. at a time when the 2020 presidential campaign is in full swing, when a lot of those democratic senators who are running for president, would really like to be in iowa and new hampshire, the early voting states. and under the rules of a senate trial, they would have to be in their seats, have to be silent. if a trial goes on, the clinton trial went on for five weeks. that takes us past the iowa caucuses. instead of campaigning, going to pork chop fries in iowa, they're stuck sitting aisle leptly in seats in the senate chambers. time matters here. you're exactly right. david holz is potentially important witness because he is one according to bill taylor, who overherd what was being said between the president and gordon sondland in that kiev cafe where

the president was asking about investigations. sondland said allegedly to holmes, about the cares more about biden than he does ukraine. two points, we'll find out what i says or says in the deposition, but puts sondland on notice when he testifies next wednesday. he knows there are a couple of people here who may be witnesses as to what he said. certainly constrains him as he testifies about all this. . .