>> good morning to you. it is thursday, december 5th. happening right now 4:00 am on the east coast, fox news alert, target on a random, a mad scramble for answers this morning after a submarine sailor opened fire at pearl harbor in a deadly rampage before turning the gun on himself. >> if you make a high crime and misdemeanor out of going to the courts it is your abuse of power. you are doing what you are criticizing the president for doing. >> jonathan turley tears apart

the democrats impeachment inquiry alongside a panel of left-leaning lawyers who could not hide their bias against the president. how a man who admits he didn't vote for trump made the case against democrats. >> stop calling me names. >> a new battle in the war on christmas, this time rudolph the red nosed reindeer being blasted from bullying. "fox and friends" starts right now. ♪

>> good morning. live shot from new york city. you are watching "fox and friends first," thank you for starting the day or ending it with us. we begin with serious news. a fox news alert. a search for a motive after a sailor opened fire at pearl harbor killing two employees and then killing himself as the base went into lockdown. aishah hasnie has everything we know about the shooter. >> even active-duty petty officer attached to the uss columbia attack submarine. his name has not been released but he was found dead at the scene with herself infected gunshot wound to the head. naval officials say he shot three civilian shipyard workers, two of them dead, a third in the hospital in stable condition. the shooting happened at 2:30

local time wednesday in the shipyard's drydock 2. the base immediately put on lockdown. witnesses describe the chaos that followed. >> you don't know, you are very in the dark and just hope everything is going to be okay. >> there is no indication now if this was targeted or if it was random or even how that weapon got onto the base was all of this happening three days before the memorial across the harbor, 78 years since the japanese attack that launched the us into world war ii. hawaii governor tweeting this out. i join in solidarity with the people of hawaii as we express our heartbreak over this tragedy and concern for those affected by the shooting. details are emerging as security forces at joint base pearl

harbor hickam investigate. the in cis is on the scene and the fbi has been notified. the president has been briefed on the shooting. the white house has been monitoring the situation. shannon: the other big story, democrats say they are all in on impeachment following another marathon day, long one of testimony on capitol hill. four law scholars going head to head over what constitutes removing the president from the oval office. griff jenkins joins us live with the highlights and low lights from that heated hearing, so long. >> more than 8 hours and it was the first hearing of the judiciary committee, articles of impeachment if we get them, three constitutional scholars making the case to impeach the president, the fourth gravely warning against it.

>> if we cannot impeach a president who abuses his office for personal advantage we no longer live in a democracy, we live in a monarchy or we live under a dictatorship. >> if you impeach a president, if you make a high crime and misdemeanor out of going to the courts it is an abuse of power, it is your abuse of power, you are doing precisely what you are criticizing the president for doing. >> the chairman of the committee jerry nadler said the evidence is overwhelming, normally mouse intelligence reports that the mueller report as well. >> donald trump welcomed foreign interference in the 2016 election. he demanded it for the 2020 election. in both cases he got caught and in both cases he did everything in his power to prevent the american people from learning the truth about it. >> reporter: ranking member doug collins cautioned the chairman of being on the wrong side of history. >> the american people will not

forget you have the votes, you may have the muscle but you don't have the legitimacy of national consensus. the partisan coup d'état will go down in infamy in the history of the nation. >> the white house responded last night in a statement saying, quote, today was a good day for donald trump at the bad day for the democrats. the only thing they established at the hearing was there political bias against the president so are we headed towards a full house vote on impeachment. speakers say nancy pelosi told him are you ready? if you have a problem now is the time to speak out. we will see if there are any more hearings from this committee. >> we do know the timing is key on all of this. we will thank you for joining us, appreciate it. much of the republican criticism of the judiciary hearing is centered around apparent bias by democrats so-called expert

witnesses. trump 2020 advisory board member says in an actual legal proceedings they would be laughed out of the court room. >> desperation, they don't have enough of anyone to put to gather -- a grab bag and the desperation shows which is at royal why i consider real court these people would not be allowed to testify even as expert witnesses, no knowledge, we don't know what the facts are, they are unable to get beyond their bias, unable to cite the law that supports their position and it really shows and turley took the right approach which is stepping back from their myopic vision and pointing out 1-time these people are doing to the constitution and future democratic presidents because of these are the new rules will happen to every future president. shannon: there is no end in spite despite reports nancy pelosi could rush a vote on articles of impeachment by christmas. adam shifts left the door open to further house and all proceedings as well.

today attorney general william barr will meet mexico's president and top officials as the white house pushes for cartel crackdown. the talks come nearly a month after nine americans including six children, remember all this, were killed in an ambush in northern mexico. the drug cartel is believed to be responsible for that attack. donald trump says the us could classify those cartels as terrorist organizations. the man facing charges in his wife's disappearance sends a bizarre message to her family. listen. >> all i want to say is i wish jennifer and her family happy holidays and i pray they give my kids my love and best wishes. >> he spoke outside a connecticut courtroom, he's being sued by his mother-in-law who claims he owes her over $2

million in loans but he claims the money was a gift. he faces separate charges in connection to jennifer to los's disappearance, she has been missing since may and has not been seen since. to the campaign trail, black lives matter activist ignites a brawl at an event for 2020 candidate pete buttigieg. the man questioning why black leaders would participate. >> who are the black leaders? what is this? what is this? shannon: at one point the activist almost getting hit with a woman's came in buttigieg's hometown of south bend, indiana where all of this happen. the event was an opportunity for black leaders to voice support for the candidate as he struggles to win over black voters.

it could get controversial, michael bloomberg's first townhall event since launching his presidential campaign. the former mayor of new york will unveil an aggressive national gun policy in aurora, colorado where 12 people were shot and killed in a movie theater in 2012. the townhall will include discussions with survivors and anti-gun advocates. we have an update, former president jimmy carter is home from the hospital, the 95-year-old discharged after treatment for urinary tract infection the carter center saying he, quote, looks forward to further rest and recovery in plains, georgia. carter has been hospitalized several times, he had brain surgery to relieve pressure. carter is the oldest living us

president in history. 10 minutes after the top of the hour, democrats lay the groundwork to include the mueller probe in their impeachment case. >> donald trump welcomed foreign interference in the 2016 election. he demanded it for the 2020 election. in both cases he got caught. shannon: is that allowed? john melchor, former assistant attorney general said it could be fair game and is here to explain why.

>> the special counsel testify before this committee, he implored us to see the nature of the threat to our country. >> this evidence has been put forward by mister mueller. it is in the public record. very strong evidence of obstruction of justice.

>> democrats rehashing robert mueller's probe as the latest impeachment hearing as the left considers linking the former special counsel's findings to impeachment charges so can mueller's report resurface in the articles of impeachment. former deputy assistant attorney general in the doj criminal division john malcolm joins us live with his expertise. thank you for joining us, we appreciate it. in the marathon hearing yesterday, over 8 hours, the number of times robert mueller was mentioned was 35. the number of times the special counsel was mentioned, 12. is it possible they could go back to this and include it in terms of impeachment? >> absolutely. wouldn't shock me to see them to alleged collusion when robert mueller concluded there was no collusion. anything donald trump has done since he has been in office is fair game and the democrats are

going to look at everything. i don't think they necessarily should. i don't think the president has done anything in connection with the mueller probe or the ukrainian scandal that rises to the level of treason, bribery or other high crime or misdemeanor but they will look at all of it and see what sticks. >> we had four constitutional scholars, professors up there yesterday and three of them said similar things, one was saying the opposite. what did you make of that and what should people at home make of it? >> you had four people who don't like donald trump, three of whom said for all manner of reasons he are to be impeached and one said i don't like the guy but this is a flimsy record and you are engaging in a rush to judgment. i don't think these hearings yesterday or conducted by adam schiff have changed anybody's mind one way or the other. if you went in not liking the president and thinking he is pressure on ukraine to gain

something for personal political advantage, your views -- if you think the president is entitled to pick his own foreign-policy and determine whether or not ukraine is engaging in corruption are truly turned over a new leaf and other and take up time and money, people in favor of all this before are being turned against it by watching it and the political bias was very clear yesterday. >> you could be right. there are all kinds of poles about who favors impeachment and who doesn't and what people think in swing states. the voters will decide this and the president is going to be impeached, there is going to be a trial in the senate. if anybody's mind are changed that is where they will be changed, not by what is going on before the house judiciary committee. shannon: one lawyer argued the opposite of the other three, a panel of experts, the whole

panel were left in the dark not knowing which specific articles of impeachment they were being asked to speak to. listen to this. >> there have been so many standards, one was attempting to abuse office. i'm not sure how to recognize that, let alone define it. >> can you name is in the president in history of the united states that would not have met the standard of impeachment? >> i hope james madison would escape. >> a lot of jokes like that that i don't think a lot of people at home got yesterday. >> the democrats have been trying out different charges and they talked about bribery, extortion, obstruction, abuse of office, they are going to see which has the greatest resonance with their base and the public in general. they are scrambling around in moving the goal posts but they get to do that. they are holding in impeachment inquiry and they have the sole power to decide whether to

impeach and that is what they are going to do. shannon: it was interesting when congressman gates asked all the witnesses if they had any personal knowledge of a single material fact in the shift report and it was dead silent. >> they did more bizarre stuff like saying if george washington were here what would he think? it was very strange. >> thank you for joining us. the time is almost 20 minutes after the top of the hour and she's out of the presidential race but she could be a front runner for vice president. these are the rumors, democratic candidates considering kamala harris as their running mate. first he was criticized for wearing a don't tread on me shirt, no chris pratt is under fire for drinking a bottle of water. carly shimkus has the social media outcry over the actor's new photo. good morning. what are you doing back there, junior?

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>> would you consider senator harris as a running mate? >> he is solid. he could be president some day herself, she could be vice president. >> would she be on your shortlists already? >> yes. kamala harris would be on any democrat's shortlist. >> just 24 hours after dropping her 2020 presidential bid, democratic front runners are calling dibs on kamala harris for vice president. carly shimkus with serious xm 115 here with social media's take on their strategy was there were immediate rumors she cut a deal with biden. >> this is particularly interesting for biden because back in june kamala harris hit him hard on the debate stage

over busing and him working with segregationist senators in the past and that was the biggest moment of her campaign and hurt him in a big way initially but always forgotten. he was asked about it tuesday. he says he has a short memory for those kinds of things. let's see what social media has to say. on on twitter says like we didn't see that coming. another twitter user says kamala harris's campaign proved she wasn't up to being president. why would someone want her as vp and a heartbeat away from potus? gabrielle says it will be interesting to see if or who she endorses. i think it will have a very big impact. you know what else will have a big impact? her fundraisers and she has several very affluent wall street silicon valley folk supporting her campaign and everyone is jockeying for that. shannon: it will be interesting to me if the obamas throw their

support behind biden. >> i thought from the beginning -- i think they will wait until after the primary to see who the candidate -- >> he will bring a lot of folks to the ticket. >> you will be a trump vp. >> let's talk about chris pratt. having to say he is sorry apologizing for this histogram photo. >> pull up the picture. jason momo a called chris pratt out for posting that picture and instagram because he was holding a plastic water bottle saying bro, i love you but the water bottle, no single use plastic, come on. pratt responded and apologized saying you are completely right. i always carry my big gallon size reusable water jug with me i and i even had it is that day. a little side note, incomes marco rubio i too was caught with a water bottle a few years ago is the media wouldn't stop

talking about it. a lot of people talking about that back and forth with whether he was out of line to sing that, martin says there's nothing wrong with single use plastic bottles. not disposing of them properly is wrong. another instagram user said humorous and classy, chris could have sent a private message instead of blasting you from his soapbox, would have been a better way. he did apologize but he was passionate about it. and marco rubio mentioning his infamous moment in the debate. i have a feeling this came up last year. the christmas classic rudolph the red nosed reindeer blasted for bullying.

>> stop calling me names. >> rudolph the red nosed reindeer. >> from now on we won't let rudolph join in a reindeer games. >> there have been some tweets going viral, one says the movie shows a toxic work environment. another saying it promotes a bullying culture promoted by santa. >> too seriously. >> have you ever watched till the end where rudolph saves the day? that is the point of the movie, becomes the hero. >> we will talk about it next year as well. thank you. the time is 27 after the top of the hour and a democrat witness in the impeachment hearing under fire for her joke about the president's son. listen to this. >> the president can name his son baron but can't make him a barren. >> the first lady's fiery response to the apology being made and the government wants to use facial recognition on american citizens at the airport so is this about keeping us safe

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heather: half past the top of the hour, look at our top headline starting with a fox news alert was a search for a motive after a sailor opened fire at pearl harbor killing two shipyard workers and injuring another. the shooter, and active-duty u.s. navy petty officer also killed himself. investigators trying to figure out how the weapon got onto the base. today attorney general william barr will meet with mexico's president and top officials as the white house pushes for a cartel crackdown. the talks nearly a month after 9 americans including six children

were killed in an ambush in northern mexico. drug cartel is believed to be responsible for that attack. donald trump says the us could classify those cartels as terrorist organizations. a voluntary evacuation issued overnight for people living near the site of this chemical plant explosion in texas. officials say there are elevated chemical levels in the air after last week's explosion that injured three people. official urging neighbors to leave as a precaution. all that smoke. just moments ago secretary of state mike pompeo meets with the prime minister of portugal in lisbon. the meeting there comes a day after pompeo held talks with israeli prime minister benjamin netanyahu. the leaders vowing to boost defense efforts against iran. >> iran is increasing position, trying to upstage the region. we are actively engaged in countering that aggression was i

think the israelis are key to that effort. >> netanyahu praised donald trump for increasing pressure and putting tough sanctions on iran. that praise comes as the pentagon shuts down a report about doubling troops in the middle east to counter iran. the wall street journal says donald trump is considering sending 14,000 troops overseas but the pentagon spokeswoman tweeting the reporting is wrong. iran reportedly sending short range missiles to iraq in areas where they could reach us troops and the navy stops a potential threat from iran in the arabian sea. a warship intercepting missile cars headed to rebels in yemen. much more on all of that. back at home a texas judge halting construction on a private border wall to protect the national butterfly center. the state judge issuing a

temporary restraining order because the wall cuts through the center's property, the ruling comes after the butterfly sanctuary sued. the group called we build the wall and founded by an air force veteran to support donald trump's push to secure the southern border. chicago police are cracking down on facebook. the department claiming the social media network allows its users to sell guns and drugs in private groups. >> chicago -- a clear and imminent threat posed by drug and gun dealers who secretly use facebook to fuel the edge of gun violence in chicago. >> we believe facebook could be doing more to solve this problem. >> during a recent investigation officers traded fake accounts and joined those hidden groups, more than 53 people end up

arrested. facebook claims it works with the department and removes any content that violates the platform's policy. chicago police say the company isn't doing enough. protecting citizens or an invasion of privacy? department of homeland security considering requiring all international travelers to use facial recognition at the airport. former dhs oversight council mike howell says the us has to do a better job protecting the data that it does collect and he joins us with more, thank you for joining us, appreciate it. let's begin with the actual dhs filing that says dhs is proposing to amend the regulations to provide all travelers including us citizens may be required to be photographed upon entry or departure. what do you think about that? >> we are in the proposed rule states that ignites evergreen issues, civil liberty concerns and security.

clearly some of those still, both sides are ready, the change is it will require everyone, us citizens are not coming in and leaving the country to submit themselves to facial recognition scanning. i get it. when you are on the overnight flight coming back from thailand, lasting you want to do is submit to one of these scannings you are just thinking about getting off the plane and going home. the big question for us is how dhs and the government largely will protect this sort of data. we've seen big data breaches in recent history including the opm data breach, there was an issue with license plate readers at the border. that's where we want the data we collect to keep us safe from threats, not to make other threats. >> the statement on the use of facial recognition actually says comparison technology is used because it seamlessly integrates

into the airport environment and strengthens national security by reducing the risk that an imposter uses a lost or stolen travel document. >> right. i'm sure there will be stated security benefits and that's the beauty of the rulemaking process was the public will have time to comment and dhs will respond to explain the contours of this program and the public has a chance to be heard. we see folks on the whole express concerns to the program. it is an opportunity is always for congress to legislate in this area. one thing we focus on with comprehensive immigration agenda for potential reforms is what to do with a big population of illegal aliens in this country many of whom are overseas. an issue of what are we doing to make sure we decide who is coming in and why we want them coming in and what to do and how to remove them? ice has a meager budget and ability to get folks out who violated our rules.

heather: there's a lot to say about i send the aclu and this was their statement on facial recognition, the government's insistence on hurtling forward with large-scale deployment of its powerful surveillance technology raises profound privacy concerns but as you say we don't know that yet. >> absolutely. whenever you collecting full amount of data there are legitimate privacy concerns to be had but the question is how to safeguard and protect and mitigate against those privacy concerns. i'm sure there will be a lot more to learn as this progresses and it is explained and senators and representatives have their opinions. >> regulations would not go into effect until july 2020 so i'm sure they are looking at all of that for sure. thank you for joining us, we appreciate it. the time is 38 minutes after the top of the hour and joe biden under mounting pressure to testify in the impeachment showdown.

will he? what the 2020 democratic candidate just told fox news during his no malarkey bus tour through iowa.

>> canadian prime minister justin trudeau isn't apologizing for his hot mike moments at the nato summit. he was joking with other world leaders about one of donald trump's press conferences. we drew this response. >> he is 2-faced which i called him out on the fact that he's not paying 2% and i guess he's not happy about it. >> the apologizing for your remarks? >> we had a great meeting

yesterday. heather: that is all he said when pressed. unclear if the two have talked directly about the incident. guarantee they will talk about the press conferences. one of the key impeachment witnesses is apologizing for this comment. >> while the president can name his son baron he can't make him a barren. heather: professor carlton bringing up the president's 13-year-old son, milania trump quick to respond tweeting a minor child deserves privacy and should be kept out of politics. you should be ashamed of your angry and biased public pandering and using a child to do. carlin walked back her comments. >> i want to apologize for what i said about the president's son.

it was wrong of me to do that. i wish the president would apologize for the things he has done that are wrong but i do regret i said that. >> reporter: the president and the first lady were in the uk during wednesday's hearing. we are back on the bus with joe biden as he vies for voters in the hawkeye state. cory booker is blaming his own party for lack of diversity in the presidential race. peter doocy reports from iowa. >> joe biden put a few hundred miles on the no malarkey tour bus and that bodes well for the potential supreme court nomination of kamala harris. >> he is capable of being president, vice president, on the supreme court, attorney general, her capacity is unlimited. >> reporter: the more immediate impact in the decision to suspend her 2020 presidential campaign. >> we will see the debate stage,

all of them are white. >> reporter: booker is blaming the dnc for the rules to qualify for debate stages. >> the 2020 election will have more billionaires than black people. >> reporter: and the first openly gay major party candidate. >> one thing i have treasured is the field overall has been historically diverse and the field will narrow through time but i consider that important. >> the campaign coincides with the senate impeachment trial, senators running for president say they will be there. oh biden tells foxy won't. >> if there is a senate impeachment trial they might call you as a witness. would you appear voluntarily? >> i'm not going to let them take my eye off the ball, the president minute impeachable crimes and i'm not going to let him diverge from that. you heard me say he is worried

about corruption, i release 21 years of my tax returns. >> the former vp tells us he's not spending a ton of time watching the impeachment proceedings on tv and that fits with the tenor of the townhall because people ask a lot about iowa. they don't ask much about impeachment. heather: less than three weeks until christmas. it was just thanksgiving. we show you the best gift for the guy in your life. it is all about the ladies. holiday must haves next.

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heather: there are new rules

aimed at putting americans on food stamps to work. the trump administration announcing new regulations to make it harder for able-bodied people without jobs to get benefits. children, their parents, people over 50 are not impacted. the crackdown is expected to impact 88,000 people, 60,000 fewer than past estimates. the administration getting sued by hospitals to keep their negotiated prices a secret. the american hospital association leading the group trying to block an executive order requiring them to reveal the discounted prices they offer insurance companies. the administration says the order signed earlier this year is aimed at making healthcare more really available to customers especially for common procedures. with the holidays just around the corner americans all around the country scrambling to find

last-minute gift for the special woman in their life. the guide to the best gifts for women and what they actually want to receive. thank you for joining us. this is awesome and i can't wait to hear about this. >> this is a duvet cover, inside is a 15 pound weighted blanket and if you are not worried about that. >> they improve anxiety. they are both full separately. they have 25% off on their website. >> i will gift myself that. anything that helps with sleep on this shift. >> anything that makes it. this one my mom yesterday when i showed it to her, from vera bradley, many sling backpacks,

super lightweight and i will show you all the zippers, women on the go. you can wear it as a belt bag and put your keys on this cover, $40 and it comes on these different designs and this is great for the holiday. up next, one of my favorites, temperature control smart mug. if you had coffee and it gets cold. what this does is keeps the temperature you want it to be and you control it via apps on your phone. $99. >> everything high-tech these days. >> sparkling water at the touch of a button. i love this because it is white and gold, perfect for entertaining, exclusive to target, for $89.

really fine and eco-friendly too. this is korbin, a model 2 elite pro. what it is is a wine preservation sit down. if you ever want a glass of wine what you do is put it on the bottle and release some of the co2 and hope this works. it is live tv. you release the co2 and hold it down and then pour the bottle. it did work earlier so - this is from urban dk, there honey drop -- it is great for that make up

lover, there honey collection, the eye shadow primer and the makeup sitting -- you can get that, urbandk.com. >> thank you for joining us and we will be right back. that fuel five indicators of brain performance: focus, accuracy, memory, learning, and concentration. neuriva.

bill: man acquitted in the killing of creative on martin filed a $100 million lawsuit

against 13's family, george zimmerman claims he was a victim of conspiracy and a key witness who was on the phone with martin was an imposter. there is no evidence to back his claims. zimmerman claims he shot and killed the unarmed teen in 2012 in self defense. the starbucks manager who gave a police officer a cup with the word pig on the label said she might sue. she insisted it was another paris store and starbucks wrongfully fired her for the thanksgiving day incident in oklahoma. >> they terminated with no cause. they needed someone to take the blame for this. >> reporter: rose claims she confronted the employee right away and apologized to the police department.

it is time for the good, the bad and the ugly. and amazon delivery driver. >> this is nice! some goodies! bill: grabs snacks and she leaves treats for delivery drivers every holiday season. the bad. exercise equip and company telecom gets major back lash for this holiday add. >> i didn't realize how much this would change me. heather: several people online call the commercial sexist because amanda is an exercise bike to a woman. telecom said it was disappointing this was misinterpreted. an australian woman will go to jail for lying to land a job. he applied for government jobs in the making, $185,000 a year

using a resume. now she is in trouble. that wraps up this hour of "fox and friends first," thank you for joining us. "fox and friends first" continues now. goodbye. jillian: this is a fox news alert, two people dead, another clinging to life after a navy sailor goes on a shooting rampage on the base and pearl harbor. rob: was this targeted or a random attack? that is one of many questions that we have breaking details from overnight. >> i do not wish this moment on the country. it is not a pleasant task we undertake.