>> they are trying to say how dare you take him out that way, you should get permission from congress. he was a bloodthirsty terror and he is no longer a terror, he is dead. heather: happening at 4:00 am on the east coast fox news alert, no apologies as congress approves a measure to limit his war powers, donald trump is defending his decision to kill a terrorist. why he says lawmakers could not be trusted. gone forever? prosecutors say surveillance video from jeffrey epstein's first apparent suicide attempt is deleted.

was it an accident? >> nancy pelosi does not seem to know her way, demonstrates to the american people how long it actually takes. >> what the holdup? congressman calling out nancy pelosi for refusing to bring the articles of impeachment to the senate. "fox and friends first" starts right now. ♪ ♪ jillian: a live shot from new

york city, you are watching "fox and friends first" friday morning. thank you for starting or ending your day with us. we begin with this, donald trump holding his first rally since the iranian missile strike. the president slamming democrats for questioning why the military killed iran's top general. >> a bloodthirsty terror and no longer a terror, he is dead. >> the radical left democrats have expressed outrage over the termination. and call up and go over there, come over to the white house and talk about. not operating with a fool deck. >> in washington, more on the moments from last night. good morning. >> reporter: the president using

his first rally in toledo, ohio to defend the decision to take out general soleimani directing his iraq familiar targets, congress, and the media. >> trying to say how dare you take him out that way. you should get permission from congress. you should come in and tell us what we are going to do, you should come in and tell us so we can call up the fake news that is back there and we can leak it. >> war powers resolution named at the president's use of the theory force, the vote was 221-94. and voting in favor of it, most surprising, matt gates, staunch defender of the president, the it is nonbinding and cannot become law. nancy pelosi explaining why it was necessary.

>> it does not require a statement, signature of the president. this is a statement of congress of the united states and not have it be diminished by whether the president will veto it or not. >> they blast what they viewed as a waste of time. >> we are apologizing to the iranian's with a nonbinding resolution that is nothing more than a press release. it has no effect. it doesn't do anything. >> reporter: the senate is going to take of similar measure. and it hits the president's - >> thank you so much. in the meantime iran calling on the us to prove the doomed ukrainian plane was accidentally shot down. the rogue regime tonight i and

inviting boeing on what caused the crash. in jerusalem, iran vows harsher revenge. >> reporter: quiet in jerusalem and in baghdad this morning. we are hearing new threats from the iranian 79 reports they mistakenly shot down the ukrainian jetliner, the new york times has a video showing the moment boeing's 737 was hit by iranian surface-to-air missiles. all passengers and crew on board were killed in the crash, intelligence officials say it is highly likely the plane was hit by a russian-made s a 15 missile, pieces of one were

reportedly found near the crash site. russia delivered 29 surface-to-air missile systems to iran in 2007. there are reports the iranian fire two missiles possibly mistaking it for a us mystery plane. the strike came hours after iran launched a dozen ballistic missiles in us positions in iraq and on high alert for retaliation. iran denied shooting down the plane at a news conference last hour inviting ukraine and bowing to take part in the investigation. the ntsb could also assist but sanctions might prevent that. us troops remain in a defensive posture in iraq in the wake of wednesday morning at the iranian missile attack that damaged buildings and equip it at the al-assad airbase. oldies. the leader of the revolutionary guard promise harsh revenge soon against us forces for killing iran's top general. mike pompeo said that targeted killing was absolutely justified. >> there is no doubt there were series of attacks that were being plotted by qasem soleimani. we don't know precisely when or

where but it was real. >> reporter: there are reports the israeli military took out a weapons combo, targeting pro-iranian militias killing eight people. those militias are believed to be the biggest threat to us forces in the region. heather: thank you. back at home the man charged with murdering his estranged wife is now on house arrest. fotis dulos released on $1 million bond. police believe he attacked jennifer dulos after she dropped their children off at school in may. they found attempt to clean up blood but not her body. dulos come his ex-girlfriend and an attorney are all charged in connection with jennifer's murder. he was released from custody

before being rushed to the hospital for unspecified medical treatment. federal prosecutors revealing footage of jeffrey epstein's first suicide attempt was deleted, the facility blaming a clerical error for saving video from the wrong floor according to prosecutors. the correct one with the raced. in july the billionaire was found with a bedsheet around his neck. epstein who was awaiting trial on sex trafficking charges was placed on suicide watch after the first attempt but then taken off. he was found dead in his cell in august, again with a bedsheet around his neck. donald trump slamming the democrats impeachment push at his pact ohio rally. >> did nothing wrong. they don't even know what is going on. it is so weak she doesn't want to put in the articles it is so weak. they are so pathetic. there has never been a movement like this.

this is bigger than it was in 2016. more promises than i have made. i completed more. >> mitch mcconnell tells republicans to expect the trial to begin next week. rudy giuliani is urging the supreme court to talk to the impeachment, quote, to prevent a precedent. another busy week next week but first a brand-new pole to tell you about pushing democrat tom stier on to the debate stage in iowa, the billionaire democrat one week before the event where he joins joe biden, amy klobuchar, bernie sanders and pete buttigieg. stier is surging in two new fox news polls, in south carolina he

is in a distant second place behind joe biden. think about that. stier is lagging behind in new hampshire with a month before the primary. pete buttigieg, joe biden and bernie sanders leading the pack. a new monmouth poll shows buttigieg, biden and sanders always in two points. elizabeth for is in force with 15% earnings double digits. nancy pelosi and democrats trying to limit the president's war powers. >> it is about how good we are, protecting people in a way that prevents war. jillian: is it another meaningless measure to undermine the president? former senior advisor to the secretary of state ways in. new fallout after harry and megan quit the royal family. the new report this morning. ♪

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>> using this great power not to pursue conflict but to preserve peace. they are saying how dare you take him out that way, you should get permission from congress. they want me to call up, maybe go over there. heather: the democrat-controlled house of proven the war powers resolution limiting the president's military capability just one week after soleimani's death. does the measure keep america out of conflict or undermine the president's authority. joining me with more is foreign policy advisor, we appreciate it. let's look at the actual vote

counts for this resolution. 224 democrats voted in favor of, 194 republicans voted against it. it is and along party lines, tweet democrats crossing over, three gop including matt gates who is a strong supporter of the president voting in favor. what exactly, tell everyone at home, anything to the president? >> it means a great deal. it happens periodically when we are on a war footing. is responsibility of the first branch of government playing a central role under constitutional responsibility. congress has to authorize, declarant appropriate, a huge role. congress has not taken of that responsibility.

we know in the 2000s, the us, 9/11, have been involved in military conflict but it needs to have deeper grounding as these activities evolved to new conflicts, a direction from congress. even though this is a political environment. and it is hard for the white house but is necessary. heather: in reference historically to what happened with war powers resolutions or different presidents, president obama, 2011, the libya conflict, and president bush, the gulf war, president reagan with the lebanon policy, and donald trump talking about this last night, it made sense in terms of this particular movement, to take a

terrorist who killed thousands of people, responsible for plans to kill them as well across the world. would there have been time to pause and let congress know what was happening and because we know the number of leaks that have been historical coming out of this, to put the entire mission in jeopardy. >> the attackers of the president talked about it, it is actually very silly. there is a lot on the hill. many people involved in that discussion in a classified environment. the speed of the decision does not allow time for congressional deliberation with executive branch briefers and those on the

hill, and their discussion for political reform pointing, what they have. on to your point about the various war power activities, resolutions and authorizations that have taken place in the last few decades, concerning iraq, the authorization of military force in 2002 as justification for going in in 2003. this is a different iraq and different circumstance and it shouldn't be inappropriate or unwise to have an updating of what we are doing in iraq. heather: with the focus on iran will this open the door for resurgence of isis? >> many of us have talked with

great concern, a political vacuum, military vacuum can be created and is created for isis as the us attempts to multitask. cannot protect its own facilities in iraq and do the full-time work needed to train the iraqi forces that protect americans and others against isis. heather: we know that soleimani is dead, it is a little safer. thank you for joining us. the time is 20 minutes after the top of the era. a florida teacher facing, charges. dragging a student out of class, what that teacher is saying this morning. >> happily ever after -- >> yes. heather: it could be the best proposal ever.

a man ask a disney movie to pop the question, how he pulled it off and all the love he is getting on social media.

heather: mayhem in the monarchy, buckingham palace in full damage control mode in the wake of prince harry's bombshell announcement to leave the royal family. will he and his wife be punished? aishah hasnie is here with the latest. >> reporter: let's start with this. duchess megan left the uk. we don't know if it is permanent or preplanned trip, she left quite a mess in england and the

queen wants a workable solution of days, not weeks. had no idea the public announcement was coming. senior members of the royal family, works become financially independent while splitting time between the uk and north america. the couple had talks with the royal family prior to this, talks were at an early stage and not meant to be made public yet. the queen reached out to prince charles and prince william. all three have directed their staff working with the duke and duchess and working something out quickly. some london papers report the couple will be punished for this but the pr nightmare is in full swing. the public divided over there decision. >> we were like that is upsetting. and --

>> don't how they will pull it off but i'm sure they will. >> what they might be able to do. >> reporter: how did this happen? there are tons of reports that oprah winfrey advised the couple, the talkshow queen denying she had a part saying megan and harry do not need my help in figuring out what is best for them. i care about them both and support whatever decisions they make for their family. harry and megan pushing forward with this and trademarked the 66 royal brand and a new website and created new rules for the media that will cover them. heather: megan back in canada. not over the first part of your story. thank you, appreciate it. back at home, nancy pelosi still has not turned over articles of impeachment.

one of her republican colleagues -- articles find their way to the senate. >> speaker pelosi does not know her way from the representatives -- demonstrates how long it actually takes in the united states senate. what are you waiting on? jillian: over a minute with social media reaction. carly shimkus with serious xm 115. carley: about 97 seconds as the republican congressman getting creative how he will tell nancy pelosi come on, they are right over on the other side of the capital, let this goes articles going, socially is loving it, the video has been viewed 260,000 times. melinda says i love when our elected officials can actually show a sense of humor.

it is what everyone is thinking. nikki tweets thank you for the tour. it is beautiful. not a far walk for nancy pelosi to stop by. janet tweets you are awesome, thanks for fighting for our president and the american people, trump supporters there. a bit of the history lesson. nancy pelosi saying soon, pressure is mounting, time to get this process going. if you are in one state and under the age of 21 you might not be able to use your cell phone. >> democratic state senator proposed a bill banning anybody under 21 from using the cell phone. john rogers says people under the age of 21 are not developed as we mature enough to possess cell phones and if they do the violation can result in a $1,000 fine and one year in prison.

social media talking about this. in the united states of america and 18-year-old can get married, join the military, sign a contract and vote, one guy in vermont think they are too immature to use a cell phone, talk about a nanny state. lease on twitter says i don't think this bill will pass at all, it is good for anyone to have a cell phone in case emergency safety reasons and chris says this would be more antiquated than elmore city banning dancing. more regulations. we want to get to the last story. watch. ♪ >> will you happily ever after with me? >> yes.

>> we've heard of fairytale proposals but this takes the cake was a man spent six months, hired animators to alter the end of sleeping beauty which is his fiancée's favorite disney movie, the whole thing is amazing, so perfectly done with the ring, and she said yes. >> the time that went into that. >> the theater was filled with family and friends. we will be right back. (janine) ghostbusters!... of course i'd love to take an informal poll.

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heather: donald trump kicking got his first campaign stop of the year taking his message straight to the voters in toledo, ohio. >> our economy is booming home wages are soaring, workers are thriving, america's future has never ever looked brighter. we are one move, one people, one

family and one glorious nation under god. america is thriving like never before and ladies and gentlemen of ohio, the best is yet to come. heather: what did voters think? dean cain spoke with some of them and he is live at uncle john's pancake house with more. great to have you join us. >> it is early out here. nobody is quite at uncle john's but we are ready to talk about what happened with donald trump. heather: in reference to the scene last night, it looked packed again. in a packed house for the president. >> over 8000 people last night with a huge overflow crowd, and

people came out in droves. >> this is amazing. >> last year i made a ton of money. >> you have to be on welfare for two years. >> in the sales industry, two best years at the dealership. >> taking out general soleimani a strike from iran, how do you feel about that? >> fabulous, what a thing to do, should have been done years ago. >> what you think of what has happened so far with iran? >> trump is the guy to get the job done. >> a thing of strength. >> what democrats are doing with the impeachment situation. >> so crazy.

>> they are tight of them, they know he is right. >> 2020 goes in a landslide. >> i really do. you don't see support like this for any of the other people. >> the evidence is there, i am very happy and looking forward. >> a lot of support for the president last night who are happy about the strike in iran and the economy. >> they are excited to see superman as well. >> i take a lot of selfys with a lot of folks. heather: one more headline, construction of privately funded border wall gets the green light. federal judge ruling fisher industries can put up a barrier on private land along the rio grande river in texas.

citing environmental concerns, federal appeals court also cleared the way for billions of dollars to go towards donald trump's border wall. he praised the ruling out last night's rally. >> a big beautiful lawsuit they are suing us. they are releasing $4 billion of military construction funds to build the second section of the wall, it was signed now and on construction very shortly. >> it appears to be leveling off. and marking the seventh straight month low. the war on drugs does continue to escalate, 93,000 drugs. that is 20% jump from the same time last year.

brian terry finally seeing justice for his murder. one of the mexican nationals involved in the shooting just sentenced to life in prison. brian terry's brother says justice will not fully be served until the obama administration answers for his death too. live with more on his response to yesterday's sentencing. thank you for joining us. what is your initial response? >> it has been nine years, long, stressful frustration, and a little bit of justice for us but nothing to celebrate. >> they are sentenced in the case. beyond those twee seven

defendants who else should be held accountable? >> the obama administration, william newell, and more -- bill: there anything else donald trump or attorney general bar can do in the case? >> i met with donald trump which i support and voted for him to be honest with you but when i met him on the campaign trail he promised he would open the books on fast and furious. it has been nine years. my brother served his country as a marine, a police officer, border agents. he deserves answers for that. heather: is there any answer that would be enough for you? >> accountability.

there is a lot involved, another anniversary coming up, still in the same situation we are. and ice agents that was wounded in mexico in the same situation. gun store owners are victimized, a lot of impact on families that were hurt. julie: the other thing that was stopped our rip crews, which are who these individuals were, responsible for your brother's death, they are called rip crews because they position themselves to come against hikers or drug smugglers and rip them off, everything they had. your brother was shot in the back and died as a result. >> they rob, rape and murder but also walk across open border.

the guy who said he got up every morning and walked across the open border, there is nothing there. we need a wall. we need more security down there. heather: are you encouraged by what the president is doing in terms of the wall? >> absolutely. heather: it is tough for your family and nothing will bring your brother back. thank your brother for his service. we will be right back.

julie: fire emergency is growing by the hour. new fire stopping up overnight, thousands evacuated their homes, others being told to get out before it is too late as an inspiring scene unfolds at sydney airport.

[applause] heather: american firefighters cheered as they arrived in sydney where we find anna coleman at the command center where they are tracking the flames. >> reporter: it was beautiful to see. i spoke with the fire commissioner at the emergency operations center and he said that applause was impromptu and went on and on and on for american firefighters. it is 8:45 at night and fire commissioner is telling me will be a long night because fire conditions are getting worse. he told me just moments ago one of his volunteer firefighters was airlifted out for severe burns, details are thin about how bad this could be. everyone is hoping for the best but the state alone has lost three volunteer firefighters since this wildfire season began

five month ago. if you look at this video thousands of people gathering in the heart of sydney for a climate change protest saying the prime minister has been too slow to act this entire fire season. for residents in the fire zone it is all about remaining safe in the here and now. >> the fire is coming this way. we are reaching the safe point. we will wait and see. >> reporter: fire either qe's and volunteer firefighters are thankful for the countless donations coming in from relief organizations big and small, things like baby formula and asthma puff first of the fires into baking cookies for firefighters are raising money for friends who have lost everything. >> there is a bigger response, getting to them. nothing else i could do.

samuel makes the sign. we have had such success and they were so generous. >> reporter: beautiful to see the communities coming together and donating whatever they can. in new south wales, 130 fires are still burning. half of them are out-of-control. if you look behind me, 24 hours ago, there had been relief when we got here, there was yellow and it has gone to read in some areas meaning of the threat levels have been increasing and conditions are expected get worse overnight. heather: thank you. the time is 15 minutes until the top of the hour. today is the deadline to qualify for next week's democratic

debate in iowa. is it the end of the road for contenders who don't make the cut? our next guest says it will be even harder to budge that top-tier blanche here, it all starts with a simple...

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sure, why not? how'd he get out?! a camera might figure it out. that was easy! glad i could help. at xfinity, we're here to make life simple. easy. awesome. so come ask, shop, discover at your local xfinity store today. heather: today is the last day for candidates to qualify for the final democratic debate before the iowa caucuses. just six candidates have made the cut. what does it mean for the remaining candidates, david mcintosh, we appreciate it. let's show people who are the candidates who qualify for the seventh debate, biden, warren,

sanders, buttigieg, klobuchar and tom stier. what does it mean for others who have not made the cut? >> it means they will have a difficult time going forward as the barrier to entry to this debate was raised a little bit but is still not that high. you have to be five% or more in several polls. at the club for growth our prediction is these will be the six that make it into the final race for iowa and new hampshire and south carolina and you have two tears there, that top-tier you should with biden, sanders, and elizabeth warren and the folks who are pushing to get into that tear, amy klobuchar is the only moderate on the screen. the others are fairly radical progressives and she has been able to hold on because unlike biden who decided to go to the left she stayed pretty standard, common sense midwesterner.

we will see if she can make it to the top-tier. heather: we will see if she stays in that position in the next debater if she goes further left. democrats must at five% in approved national polls or seven% from early voting, iowa, new hampshire and south carolina. we mention the last two because you are looking at the polls now that allowed tom sire to make the cut. in nevada you have biden with 23% followed by sanders and stier above warren and pete buttigieg and in south carolina we have 36% for biden. pretty far ahead, tom sire in second place. does that surprise you? >> it is surprising. he has surged far in the last poll. what it shows is when you have a lot of money and can buy ads for several months, nobody is catching on you can put yourself

in second place. is testes everybody will start scrutinizing who is this guy and what does he stand for? not really different in his radical approach and sanders and warren. heather: he is running against donald trump. speaking of a lot of money i want to ask about bloomberg who has not made the cut, self funding. does that mean we won't see him in any of the debates? >> we will see what happens with my son who is 18 kind of interested in this is annoyed every time his commercials come on one of his shows. i don't know if all the money he is spending is helping him. he has capacity to stay involved with his moment in the sun has passed. heather: thank you, we appreciate it. the time is eight minutes until the top of the hour.

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heather: that teacher under arrest after he is caught on camera physically throwing a student out of class. deputies say jeffrey picked up the 14-year-old out of the chair and shoved him into the hallway. you see it happening. what you don't see, after the kid refused to turn down music and call the teacher and offensive name. he worked in the florida school district since 2005 despite two previous arrests. boeing under fire after internal emails insulting the faa, in 737 max jets, the new york times reporting staff discussed hiding design flaws from regulators, one writing this airplane is designed by clowns supervised by monkeys. boeing is apologizing, vowing to take action against its employees. enough time left for the good, the bad and the ugly.

first the good. from the nfl to basic training. the former arizona cardinals defensive back now serving our country hoping to make a career. he says joining the army as a childhood dream. thank you for your service. terrifying video showing this toddler walking on a ledge in spain. people watching this in shock as the girl wandered outside the apartment building with no barrier. her parents reportedly taking a shower at the time. the girl is safe. finally the ugly. megan and harry get the royal boot from a london wax museum, moving the couple away from the display featuring queen elizabeth and the rest of the family. the museum tweeting we have got to respect their wishes. people sounding off on social

media, annabel asks if they were not wheels any longer would they go to the celebrity section of the museum? we will try to find out. thanks for joining, "fox and friends first" continues right now. >> all trying to say how dare you take about that way. they want us to tell them so they can leak it to their friends in the corrupt media. jillian: donald trump heads to the heartland, the notorious terrorists. rob: lawmakers vote to restrain the president, where iran remains at the forefront. jillian: another jailhouse bombshell in the jeffrey epstein case that takes a new twist or return. rob: the explanation for losing another critical piece of