remake. he will star alongside rob delaney whose roles of not been announced. people blasting the cast announcement on twitter, i thought it was clear we wanted mcculley culkin cast as the kid and no one in the movie would acknowledge he is a 39-year-old guy. another rights if it is not broken don't fix it. thanks for joining us, "fox and friends first" continues right now, goodbye. jillian: thursday to simmer 12, the manhunt for suspected, crossing state lines as the houston-area more the loss of a 16 year veteran. rob: what we learned about the suspect that lengthy rap sheet which was flaunted all over social media. >> we cannot rely on an election to solve our problems when the president threatens the very integrity of that election.

>> we can't beat him next year, that is the wrong reason to impeach somebody. rob: lawmakers burning the midnight oil looking to fast-track impeachment to a vote. jillian: republicans and democrats are more concerned with getting burned in 2020 live in washington was remember the young tennessee fan with his home measured? rob: the act of kindness the ball into something bigger. "fox and friends first" continues right now. ♪ rob: the best day of the week.

carley: friday eve as i call it. rob: you are watching "fox and friends first". paid day. it is a nice day. good morning to you. carley: thanks for starting the day with us. let's get to our big story of the day. the house judiciary committee will vote on articles of impeachment following another fiery hearing on capitol hill. rob: the latest polls show pushing ahead could heard vulnerable lawmakers. >> reporter: we are seeing how sausage is made, day 2 starts at 9:00, all 31 members of the judiciary committee will debate the proposed this to the articles of impeachment and at the end of the week sets to be a long day they will vote likely down party lines to send articles to the house for for a vote next week. jerry nadler says there are factors to consider.

>> does the evidence show clearly the president committed these actss? second, do they rise to the level of impeachable high crimes and misdemeanors. third, what are the consequences for national security or the integrity of our elections and for our country? >> reporter: republicans remain unified blasting the march towards impeachment, it rushed and unfair accusing democrats of being motivated by politics and a dislike for the president. >> not just because they don't like the president, they don't like us. they don't like the 63 million people who voted for this president. they dislike us so much they are willing to weapon eyes the government. a few years ago it was the irs, then the fbi and now the impeachment power of congress. >> reporter: today's committee vote is more predictable, on the house for something to watch next week, 431 members of which 233 or democrats.

there are 31 democrats in districts trump carried so she can only lose 17 of them. if the latest monmouth poll shows 50% of americans oppose impeach and removing the president that could be an indication of a tough decision for some lawmakers next week. rob: those moderates, we appreciate it. michael horwitz grilled on capitol hill painted a troubling picture of the fbi's russia probe. carley: the hearing's biggest moment, a tough day for the fbi. >> reporter: all eyes are on michael horwitz as he shared his findings on the fisa report. lindsey graham says codename crossfire hurricane is very fitting. >> that is what we wound up with, a crossfire in a hurricane. there has been a lot of media reports about your report before it was issued.

i remember reading these headlines, lawful investigations with fewer irregularities. carley: there was no sign of political bias but there were 17 inaccuracies and omissions in the process of securing a fisa warrant for carter page. >> so many basic and fundamental errors were made by three separate hand-picked investigative teams on one of the most sensitive fbi investigations after the matter had been briefed to the highest levels in the fbi. >> reporter: lawmakers grilling horwitz on whether james comey was to blame for the missteps. >> does your report vindicate mister comey? >> it doesn't vindicate anyone including the leadership. >> that goes against what comey

said earlier this week. >> it was all nonsense, the fbi finally has its day with the american people. >> reporter: horwitz sounding off on the fisa warrant being renewed 3 times over the two year probe. >> your review of those warrants indicate they were producing useful information, correct? >> not sure that is entirely correct. >> the hearings are not over for horwitz will be testifying on the hill for a second time next wednesday. it is not over yet. carley: a man suspected of hitting and killing a texas police officer could be headed to louisiana. henderson is believed to be armed and dangerous after police say he hit taylor sullivan with his car during a traffic stop. he was last seen in a red buick in nassau bay, texas. he has one handcuff attached to his wrist, henderson who goes by

the name killer ray have a long criminal history. he posted mugshots and a video from outside jail on his instagram account. sergeant sullivan's community remembering the 16 year veteran at a vigil, he leaves behind a wife and son. we are learning more about the victims of the horrific attack in jersey city. the mayor calling it a hate crime. chilling surveillance video shows the shooter getting out of the soul and u-haul with a working pipe bomb inside. the two walked toward the jewish sue market for -- supermarket and opening fire, they were identified as the shooters, anderson reportedly made anti-police and an fisa medic posts online with fisa the black hebrew israelite movement, they were both killed by police. 3 bystanders were killed inside the store. detective joseph steele, the father of 5, was gunned down

earlier. his mom telling fox news everybody loved him adding, quote, i kept thinking it is not even real, saying to myself why him, why him. thousand attended funerals for two of the victim last night. rob: a critical election brexit taking center stage as jeremy corbin's leader party tries to unseat boris johnson. >> the contest is tight and getting fighter. the choice for our amazing country cannot be starker. it means i can't remember an election in my political lifetime with such a yawning chasm between the two possible futures for the country. rob: polls suggest johnson will win with a comfortable majority breaking the deadlock in parliament which has held up brexit for years. see how that works. a high-stakes meeting at the white house over tariffs on china. reuters reported the president

plans to meet with the top trade advisors to discuss the tariffs which would impact $160 billion worth of chinese goods. a decision to push forward with the tariffs could put a wrinkle in talks as they try to end the 17 month trade war. carley: the last full moon of the decade lighting the night sky, hitting fool status at 12:12 am eastern time on december 12th which is 12:12. rob: according to the farmer's almanac it is called the cold moon, the long night moon and the moon before you'll. carley: could we see snow anytime soon? meteorologist janice dean has the answer. did you see the full moon this morning? rob: there are too many buildings. >> send us your pictures.

the answer is yes, in some places we could see snow. we have cold air as far south as the gulf coast where it feels like 32 in memphis, windchill feels like-1 in green bay, 21 in new york. if there is precipitation in your forecast you could see snow across the great lakes, that system yesterday has exited but it is not ending for the northeast. the west coast getting coastal rain and mountain snow and we will see several systems moving across country. look at this little system across the gulf coast moving towards the mid-atlantic and the northeast, too warm for rain but next week we could see some snow on the east coast because we will get cold air and more systems and it will feel a lot like christmas. rob: start bothering you about the white christmas.

it has been a while since i have been a snow bunny. i will take it. dust off the ears. rob: ten minutes after the hour, an unbelievable story, in this new zealand volcano disaster. the new eruption warning rescue workers are ignoring to search for the missing parents. we will tell you that story. >> any sensual role to seek a fisa order, and a campaign. carley: that statement about the dossier, why are democrats concerned about testifying on americans? the biggest political scandal in modern history. how this could affect the impeachment vote.

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>> the still report played a role in seeking a fisa order. fbi leadership supported relying on steel's reporting to seek a fisa order after being advised of concerns expressed by department attorney that steel may have been hired by someone associated with a rival candidate or campaign. rob: big moments in the hour-long hearing with michael horwitz who testified the debunked steel dossier was in fact used by the feds to justify spying on an american citizen. jillian: the doj watchdog downplaying the errors laid out in his report. how serious are these revelations and how they affect the impeachment probe? congressman jim banks joins us, good morning. we learned in this report that

fbi agents straight applied to survey carter page. what is your reaction to that and how do we make sure this never happens again? >> mister horowitz's findings show this is if not the biggest scandal in modern history, the biggest scandal in american history period. what he found in his report is indeed everyone who touched this fisa application is not vindicated. he said he can't rule out political bias across the board, he finds major mistakes happen along the way and what many of us know already, this was brought about for political purposes. rob: let's listen to the inspector general. >> so many basic and fundamental

errors were made by three separate hand-picked investigative teams, circumstances reflect failure by managers and supervisors in the crossfire hurricane chain of command. rob: democrats were bragging about the findings of the report but after they put him in the chair and asked questions it didn't look as good. >> reporter: not as good. mister horowitz's testimony was clear. to your point this can never happen again. that is why i called on lindsey graham, the only man in america who can call adam schiff and some of the motivators who brought this dark cloud over our country to testify before his committee, the judiciary committee, that is how we make sure this never happens again, to bring the hog out in front of the american people and got it so everyone in this country can see how all of this travesty was brought about in the beginning by one political party, the opposing political party of the

president as the president goes into an election year to damaging and weapon eyes the impeachment. carley: you made clear you want to subpoena adam schiff's phone records for what he did to devon nunez and here's lindsey graham request. >> i have no desire to subpoena adam schiff. we are not going to do that. when house members pin each other as part of oversight the system breaks down. carley: he is not on board. what do you say? >> i have a lot of respect for lindsey graham. he and i have for the uniform. i have known him for a number of years but i disagree with him on this part because adam schiff, we know, already lied to the american people about meeting with the whistleblower. what we will find out, we subpoena his phone records and force them to testify bring hunter biden and joe biden to testify, the whistleblower attorney to testify, i believe there is a lot of reason to

believe we are going to find out this was coordinated for political purposes, damaging sitting president has he goes into an election year and that is what we need to make sure never happens again. this isn't about me or lindsey graham or donald trump, this is about making sure the country never goes through the hell we have gone through in the past year because of the actions of nancy pelosi, adam schiff and others in the democrat party. carley: thanks for waking up early. 19 after the hour. theft on the rise at home depot. what is to blame? the opioid epidemic, the outraged claim and the pushback from the retail giant. rob: apparently we put building skills to the test and celebrate national gingerbread day and it will be a head to head competition.

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>> major league baseball is expected to announce a new policy to test players for opioids. if all the overdose death of los angeles angels pitcher tyler's gags. positive test would result in treatment instead of suspension. the new policy would allow players to use marijuana for pain relief. rob: thousands of low-level marijuana convictions could be white clean in chicago. kim fox filing to expunge 1000

low-level offenses in just one day. >> collateral consequences of these convictions to communities of color have been far and wide impacting everything from housing, employment and education. rob: illinois will legalize marijuana sales in three weeks. carley: it is national gingerbread house day. it would not be a holiday on "fox and friends first" with a little competition. rob: to teach us to make the ultimate gingerbread house is lifestyle expert lauren says, we have seen a lot of you lately. carley: teachers to build a gingerbread house. >> we got these -- one of the things, the whole segment to build in his make sure you're putting icing on the bottom to hold it in place otherwise it will collapse. also when you buy a lot of those gifts, you want to make sure you're getting icing so you have

extra icing and get this in the market. rob: this is how you put the house together. >> we have all different seasonal candy, a competition but it won't just the aesthetic but variety. not just -- that is how you win. carley: you have to create it. >> if you want i also got pretzel sticks, a log cabin. you can try that as well. and then you guys are going to get that. carley: very exciting. i don't think i build a gingerbread house are decorated one ever. leland: rob: now is your moment. carley: i have an idea. >> a lot of times you would use white but i have the green frosting so you can make wreaths

out of it. some recommendations for you guys, they already come just like this. you can probably just do one bite so we have plenty of time to finish that. this is such a great activity for kids. rob: tell us what is going on. i have no idea. >> what i have done, i have a 5-year-old and a 3-year-old. the reason i pre-build one is you don't have to waste time. you might want to get started. carley: i am building a door. >> put the wreath on and you are almost -- rob: 5, 4, 3 - [buzzer] >> we didn't listen to the rules. rob: i built it for the viewer.

>> and pretzels. i built a pretzel door. rob has no door. who wins? >> carly is going to win. the carly soft. >> don't know if you can buy them anywhere but thank you so much but i will let you wear them wherever you go. rob: i saw you making a gingerbread house. carley: we will be right back. ♪ great riches will find you when liberty mutual

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carley: iran is building

large-scale weapons capable of the us troops in syria. rob: that according to intelligence officials after seeing these new satellite pictures showing construction of that tunnel. live in jerusalem as tensions rise in the middle east over this. >> reporter: we have learned the iranian's are building a tunnel to store missiles and large-scale weapons in eastern syria according to satellite images obtained by fox news and confirmed by western intelligence sources who did review the information. the base is nearly completed. satellite images provided by the same organization show dirt mound at one end of tunnel said to cover the tunnel entrance at the other end. it is estimated to be 400 feet long. the same base was targeted when airstrikes multiple times after the existence of the facility was revealed in a report by fox news.

tensions between west and iran continue, one area agreement occurred last week when the us and iran conducted a prisoner exchange bringing home an american student held since 2016. in return and iranian scientist was released, the development giving hope to the possibility of the iranian than the americans regarding iran's nuclear program. >> i hope the exchange that took place will lead to a broader discussion of americans held in iran. we are working to try to develop that and use this as an opportunity to continue that effort. >> reporter: donald trump made clear he has no plans to lift sanctions on the republic as the company -- country violates key terms of the 2015 nuclear agreement the united states pulled out of last year but the stalemate between the countries continues. carley: has the trump administration responded to this tunnel? >> reporter: they have not responded to this report directly but they are aware of

it. earlier in the year we released a report after receiving intelligence giving us coordinates of where the secret iranian base was being constructed. days later it was targeted with airstrikes and it has been targeted again and again. there are concerns by the united states and its allies such as israel that iran is continuing to expand its footprint in the middle east not only in iraq and syria but also lebanon and the gaza strip. hamas and islamic jihad are receiving money and weapons from the iranian regime. rob: the president at this jewish event bragged about getting rid of the iran nuclear deal and a lot of people -- is that deal, was that deal as unpopular in israel as the president says? >> reporter: this was a big item on the agenda of benjamin netanyahu. he did not like the iran nuclear deal because it was something he

felt would allow iran to continue development of its nuclear program. what we are seeing is the iranian regime violated important terms of the agreement including the iranian enrichment stockpile and its, they exceeded those limits and are getting closer to development of a nuclear weapon. it is important to note they are at a low level. you have to enrich uranium close to 90% to create weapons grade material, still a step that is concerning not only to the united states but also israel. carley: turning to a fox news alert, american teenagers among the 16 people dead in the new zealand volcano we were option. brothers matthew and baron hollander were born in chicago and move to australia where their father is from. they were visiting the island

with their parents that are still missing. crews will search for bodies on the island tomorrow. efforts were called off overnight over fears the volcano could erupt again. a second federal judge blocked the trump administration from using pentagon funds to build the border wall. judge hayward gillam junior releasing a statement saying the administration cannot use motor construction money on additional border barriers. a texas judge made a similar ruling days ago. secretary of defense mark esper approved ciphering $3.6 million in funds for wall project in september. the white house says it will appeal. rob: we are one week away from the sixth democrat debate and twee 7 candidates have made the cut. today is the cutoff and with dnc qualifications, which of these twee 7 stand the best chance at this point in the race? that is a question. joining me to debate is kristin

fisher and lauren, good morning to you. the democrat debate qualifiers, biden, buttigieg, klobuchar, sanders, tom stier, elizabeth warren and andrew yang. >> this debate is shaping up to be an interesting battle tween moderates and progressives in the democratic party. we have seen biden and buttigieg surging in the polls but represent the heart of what the democratic party is fighting for, people who feel they are left out of the economy and people at the top. rob: what is your perspective? who has the best shot? >> i would agree it is a battle between biden and the progressives, the way i would categorize this debate. interesting to see how this plays out on the stage because for the most part biden is making an argument for electability, he is tried and true, he is known, the best one to defeat trump but that's not enough for the progressive

organizations. we released a statement pushing for warren or bernie ticket saying it's not enough just to beat trump but build something afterwords. there is a real tear in the base to figure out what is best for the party and who they want to put forward for 2020. rob: national polls, pretty interesting to see how joe biden maintains this big lead at the top. here is quinnipiac at 29% and one more here where he has a sizable lead in the monmouth polar 26%, sanders a little closer. we had some information that showed swing states and this is where it gets interesting and i want to go to you on this. the president has been surging, these numbers flipped a couple months ago and the president has

pretty commanding leads especially over the socialist if you look at sanders and warren look at that lead, looks like biden has the best shot. would you agree? >> the democratic voters are signaling that is where they are. people voting with her heads think biden and buttigieg have the strongest ability to get trump out of office and that is what they are optimizing for. you can't discount that joe biden has a strong base of support with democratic voters who form the party establishment particularly black voters in states across the country and that will be important in 2020. rob: peter doocy asked about this political story that he might serve one term. a lot of people didn't believe he wanted to do this anyway. what did you make of this story? >> i can't decide if it was a brilliant or terrible strategy. he is able to make the case that i'm doing this for the rest of the country, not interested in political gain, just want to get trump out of office and get

politics back to normal. that is the reason behind him seeking one term but bernie even said he would enter into the presidency as a lame-duck president and lose any political capital he would have had from winning the election so it is unclear if he could get anything on his agenda done. is he seeking the presidency as a cap on his long political career? i think it will backfire in the long run if he continues to maintain this. i don't think you can go in half way. rob: that is not a good look to say i only want to do this for one term at 78 years old. >> that is why you have seen the campaigns distancing themselves from that message. we are not sure where this came from. it comes from aids who are close to biden speaking off the record without the approval of the campaign and it is not a good strategy for joe biden going

into 2020, that he's not committed to the cause of the presidency and has doubts of his own ability. and opposition candidate in 2024 so don't think it is those strategies behind much longer. rob: thank you for your time, appreciate it. carley: the boston marathon bombings killed three people and injured hundreds of others but the convicted terrorist thinks he should get off death row. we are live in boston with the unbelievable argument a judge will hear today.

carley: lawyers for the surviving boston marathon bomber will try to get his conviction and sentence overturned. rob: kelly sullivan is outside the federal courthouse, former attorney says the trial was not fair.

>> reporter: that is right. dzokhar tsarnaev is in federal prison, he won't be in court for the appeal but his lawyers are making arguments why he should get a new trial. one of the main reasons, location. dzokhar tsarnaev was found guilty in a courtroom in this building only three miles from where the bombs went off at the boston marathon finish line. lawyers will make several arguments. dzokhar tsarnaev was convicted and sentenced to die after the bombing in the spring of 2013. arguments will be made from his lawyers that it should have been move far away from where the bombings happened in two jurors talked about the case on social media and tried to hide their votes before the trial started. they brought up his older brother who was a radical influence, but he was the mastermind behind the bombings and dzokhar tsarnaev helps carry

them out. they will argue the triple murder might have been involved in the should have been included. lawyers will have an hour to make their appeal and dzokhar tsarnaev will not be in court. it is unlikely a judge will make a ruling on this today but those arguments will be made in this courtroom. live from the federal courthouse in boston, back to you. carley: oracle is moving its annual conference out of san francisco and taking $64 million with it. what will it take to get through to liberal leaders about the homeless epidemic? california chairman of the republican party joins us live to weigh in. rob: let's check in with brian kilmeade for what is coming up on "fox and friends". >> there will be a quiz at the end of your show, number 2 pencils. we are talking impeachment and

the ig report, really explosive, less rhetoric and more fact, most people disturbed about the fbi hierarchy most of which have been exited on retirement or suspension, looking at criminal referral, anything but exonerated, we will go into detail on that. jason chaffetz will talk about impeachment and the nancy pelosi press conference before noon today. and pretty much the same thing, a speedy trial to the senate like people expect. dana loesch will be here and sarah huckabee sanders and ronnie jackson, former physician of the president of the united states reconfiguring his career and alabama businesswoman jessica taylor, forming a conservative squad to take on the democrats, she's here live so i urge you to get dressed. sfx: [sneezing]

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carley: tech giants oracle is moving its annual conference out of san francisco in taking $64 million with it. the company is the latest -- what else will it take to get through to liberal leaders about the homeless epidemic? joining me is former chairman of the california republican party, thanks for joining us. this is a big deal for the economy of san francisco. what do you make of this? are they justified to move their conference to las vegas? >> san francisco has long been one of the prettiest cities in

the world, tourism is their biggest industry and you have a local tech giants, flagship company saying to san francisco politicians we can no longer hold our conferences in part because your policies are so bad. earlier in july they had a similar circumstance for a medical convention, pulled out as well. but san francisco continues to go left. they have a new da, bodine, who says he will not prosecute homelessness or move them off the streets. at the same time oracle sends a message which is the power of the dollar and going somewhere else which is not the same kind of destination, las vegas is nice but not the san francisco skyline, they are going in the wrong direction. carley: what is it like living there and have you noticed the homelessness problem growing? >> i live outside the city but i have my own tv show in the city

and i can only park in regulated garages. my daughter said don't send it there because homeless people steal milk. it is progressively worse. i walked down the street for a quick dinner on a breakdown the other day and you can see the nastiness on the street. to the average person coming to visit they have to walk around these things, they are not liking it. this is a case of policy gone wrong but they haven't awakened to it. what will it take? it will take a lot more years and a lot more pain before they realize it. carley: what sort of policy changes need to be made to make the city a safer place? >> for one thing they have to stop glorifying this like an okay condition. that is number one.

number 2 there is rationality to moving people off the streets, putting them in facilities that help them matriculate out. the beyond drug abuse and mental health these people need not just a handout but care. they are not getting that. just to leave them in place, that is the wrong policy and you have to start there. you can't leave them on the street and expect conditions to improve nor can you glorify their existence because you're inviting them in. carley: there have been several businesses to leave san francisco and like you said two conferences now and the policies still continue. we reached out, oracle released a statement why they are moving the conference. oracle continues to enjoy a strong relationship with the city of san francisco and our partners. we look forward to working with our long-standing counterparts on future events and we did reach out to the san francisco mayor but have not heard back, thank you for sharing your

perspective. we appreciate it. kim jong un not such a smooth parking job. the crash landing caught on camera. carley: thefts on the rise at home depot. the opioid epidemic is to blame. the outrageous claim and backlash from the retail giant. ♪ . ( ♪ )

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rob: check this out. a virginia congresswoman confronted by own constituents over the democrat led impeachment effort. rob: looks like a fun town hall. congresswoman seeming frustrated during this fiery town hall. the district she represents voted for president trump in 2016. carley: home depot facing backlash online after blaming a string of thefts on the opioid crisis. thieves are stolen more than $60 million worth of items from a warehouse shared by home depot and other retailers. we think this ties to the opioid crisis but we are not positive about that. the company did not source

the claim. one person tweeting in response so, sure, every opioid user rushes to home depot to steal hammers and toilet seats, unbelievable. or maybe their security just sucks. another personal tweets what? are we just blaming everything on the opioid crisis now? what a joke. all right. time now for the the good, the bad, and the ugly. first, the good. this t-shirt designed by a fourth grader makes nearly $1 million for charity. the university of tennessee started making the shirts after the young fan was bullied for his homemade creation at school. more than 112,000 t-shirts were sold to benefit the nonprofit group stomp out bullying. rob: next the bad. heart stopping moments when a small plane falls out of the sky. hits six parked car before making an emergency landing in phoenix. carley: finally the ugly. a christmas tree could cost $6,500 in new york. that's the reported price tag for a 20-foot frazier

fir on a street corner. selling out. sky high prices are blamed on a shortage of frazier firs this year. rob: yikes, gotta go. carley: see ya. ♪ i wanting to thank you, baby ♪ you make it feel like christmas. steve: that should make you feel like christmas. 48th and sixth avenue. there is our first ever christmas tree on fox square. and people are already using the #and posting it on social media. brian: do you take pictures in front of it. ainsley: yes, brian. take a picture with the hash tag all-american fox christmas. brian: the tree speaks to you. s that music. steve: it does have speakers which is fantastic it. puts you in the spirit of