-- he ran on gravy train and said nato has got to pony up more money, that was the first part of the call, what a wild hour, great to have you one, we will be back tomorrow night, full coverage of the impeachment trial. shannon bream, take it from here. >> the president relies on the theory of absolute immunity, embarrassing the president's counsel talk about this today. >> the only one who should be embarrassed is you. heather: happening at 4:00 am on the east coast of fox news alert. sparks flying on the senate floor. the heated first day of donald trump's historic impeachment trial stretching into the we hours of the morning. the senate adjourning just hours ago but the battle is just beginning, we are live in washington with the latest and

as partisanship takes over the nation's capital donald trump touts america first, his words of warning to europe as he pushes a new trade deal from davos. a world on alert after a mysterious superbug travels from china to the us. what we know about this deadly virus infecting hundreds across the globe. "fox and friends first" starts right now. and good morning. you are watching "fox and friends first" on wednesday morning. it is shaping up to be another busy day. let's get to that fox news alert, the senate approving finally the rules for donald trump's impeachment trial. the partyline vote coming after more than 12 hours of debate. >> of the senate allows the president to get away with such

extensive obstruction it will affect the senate's power of subpoena and oversight just as much as the house. >> what does mister schiff mean by instructing? that unless you do exactly what he says regardless of your constitutional rights been your obstructing. the president of the united states declassified that telephone call and released it to the public. how is that for transparency? >> you don't get your credit for transparency when you get caught. >> griff jenkins is live with the first day of sparks flying on the senate floor. it seems like it is artie been 10 days, 12 hours, crazy. >> and we haven't even got through opening statements. nothing good happens after midnight. after that marathon day the discourse between house managers and the president's defense team

turned more vicious as they argued over the rules of obstruction. >> the president relies on a theory of absolute immunity. that says he can order anybody in the executive branch not to testify to the house or senate. the president's counsel would talk about this today. >> the only one who should be embarrassed is you for the way you addressed this body. this is the united states senate. >> reporter: as the personal attacks continue, chief justice john roberts had enough shortly before 1:00 :00 am. >> i think it is appropriate for me to admonish both the house managers and the president's counsel an equal terms to remember that they are addressing the world's greatest delivered of body. one reason a that title is because it's members avoid speaking in a manner and using language that is not conducive to civil discourse.

>> mitch mcconnell's resolution for the framework of this trial along party lines 53-47 to proceed pushing a vote on the democrats demands for witnesses down the road. mcconnell not willing out calling witnesses but chuck schumer's amendments were defeated drawing the republicans support except for the last one offered over allowing susan collins breaking ranks to join democrats in a 52-48 vote. we wait for the trial to resume. overseas at the world economic forum, donald trump is monitoring things and was asked if he was happy with his legal team, he said they are doing a great job and a great cause. >> i like what you said, nothing good happens after midnight. thank you so much.

congressman doug collins and mike johnson both members of the president's defense team say the impeachment proceedings are nothing more than a charade because democrats like adam schiff can't come to grips with the fact the president proved them wrong. >> he is willing to say anything, do anything, tell anything to get this president. it is not a 1-off or 2 off, it is what this man does. he does not want to come to grips with the truth that the president is the president is doing a good job and doing anything he can to take him out but the lining and theater going on on the senate floor takes the cake. >> they are cherry kicking facts, misrepresenting the facts to follow their narrative. they manufacture this fraudulent process and that is why we have said this is a sham from the beginning. shannon: while the drama played out on capitol hill donald trump kicked off day 2 of the world economic forum. he is keeping a strict america

first agenda and warning the european union he aims to strike new trade agreements. benjamin hall joins us with what we can expect today. >> donald trump, halfway across the world in davos, switzerland, is announcing one main issue, talking about the us economy saying america is booming, and that is something he has pushed saying his administration created a roaring geyser of opportunity and the american dream is back, bigger, better and stronger than ever before tweeting making progress in davos, tremendous number of companies will becoming a returning to the usa, hottest economy, jobs jobs jobs. there was the warning shot to europe, steve mnuchin saying italy and britain would face us levees if they proceed with attacks on american companies.

and strong economic sanctions if the us and eu can't strike a new trade deal. >> are you closing tariffs on imports for europe? >> we expect to make a deal with europe and if they don't make a deal we will give it strong consideration. we have been treated badly on trade. we could have a problem. >> donald trump gave little impression of being concerned by the impeachment trial now underway in dc. he did issue in a tweet yesterday saying read the transcripts. another busy day for the president in davos. he is in a breakfast meeting with business leaders and goes on to meet with the president of iraq and the kurdish regional government. he may meet with him on the sidelines, perhaps even zelinski of ukraine. shannon: that would be interesting.

we appreciate it. a florida construction workers charged with murder after a political argument turns deadly. he appeared in court yesterday, he stabbed his foreman, stephen night, after discussion about politics, the foreman was pro-trump. it happened as the men worked on a road construction project. after the attack authorities say he placed an american flag next tonight's body. the man charged with killing his estranged wife wants his trial to start as soon as possible. attorneys for fotis dulos want to waive the probable cause hearing which could fast-track the case in connecticut. jennifer dulos went missing in may. her body has not been found but police believe she is dead. fotis's ex-girlfriend and attorney all face charges. today america's top cop will

announce a new law enforcement commission, new goals for the group include finding ways to prevent or reduce and control crime. it will work to increase respect for the law. donald trump signed an executive order to create the commission in october. a case that could make it easier to use public money for religious schools is on the supreme court docket today. justices will argue over a montana scholarship program to make schools eligible for state tax credits. argue the ruling in favor could drain traditional public school funding. a ruling is expected in june. fox news alert, democrats go 0-11 with amendments for impeachment. >> the amendment is tabled. the motion to table is agreed to. the motion is tabled.

>> reporter: james comeare says democrats are trying to overturn the will of the voters and he joined us next. if you thought the campaign trail was up, watch. >> get back in the business of creating a more peaceful world. >> look what happened to pete buttigieg, the awkward silence during the campaign stop in iowa. what happened to the real men of america?

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shannon: we are back with a fox news alert. a marathon hearing of defeated amendments dragging into the night as senator set the guidelines for historic impeachment hearing. despite the fact the session finished hours ago lawmakers are gearing up already for round 2 which starts later today. to weigh in as he has been, and thank you for joining us. what a long day and night and morning, overall first of all. >> it is just like a bad soap opera starring a bunch of unattractive old men. everyone knows how this is going to turn out. democrats can file amendment after amendment to try to change the rules, nothing is going to change, republicans are united. this is a sham process, democrats had their opportunity

when this was in the house, they did a poor job, now they are needing more time because they don't have enough evidence for the case. i think the american people are ready for this. shannon: 11 amendments presented by schumer all shot down as expected, why stretch this out and have all these amendments one after another after another? >> democrats have been fishing ever since donald trump took office, the whole process began with russian collusion. adam schiff said he had evidence to prove donald trump colluded with russia. we have all seen that was absolutely false. everything adam schiff has said throughout the process has been false. i don't know what democrats can gain by stretching this out. the american people are losing interest in this. the people that are keeping up

with his are offended. shannon: one of the things i heard discussed yesterday is it was giving the democrats and opportunity to present parts of their case to the american public who was watching. the bottom line is they want to get this information out. >> this is a made-for-tv event in the eyes of democrats. they are trying every way in the world to do anything to prevent donald trump from being reelected in 2020. their efforts from day one have been to overturn the will of 63 million americans who voted for donald trump. they have ever been able to accept that are faced with the realization that donald trump is probably going to be reelected in november. shannon: this is the first time a president has been impeached in the middle of a reelection bid. listen to this exchange which discusses what you were talking about. >> a partisan impeachment is

like stealing an election. it is buried in the small print, they want to remove donald trump from the ballot. heather: you think this will backfire for democrats? >> now doubt this will backfire against the democrats. donald trump is governing, traveling the globe trying to open new markets for american workers, farmers, back home in washington democrats continue a partisan impeachment. this is not going lately in the minds of the american voters. people say donald trump has done a good job as president, adam schiff, jerry nadler and nancy pelosi have done nothing but try to prevent donald trump from governing, doing what he said he was going to do and i am confident this is going to backfire. not only in the president's race but in the house as well.

shannon: we will see because day 2 seems like a day 20 already. thank you so much for joining us, we appreciate your time. 17 minutes after the top of the hour, no talking, no cell phones and no coffee but there is candy, a sweet treat for senators at the impeachment trial. the sugar rush going viral on capitol hill. sometimes your small screen is your big screen.

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or around the house, keep what you watch with you. download the xfinity stream app and watch all the shows you love. shannon: opening statements in the trial of harvey weinstein. dozens of women accused him of sexual assault but this case

focuses on two accusers. hillary clinton defending his relationship. he raised money for me, for the obamas, if any of us have known what we know now. weinstein has pleaded not guilty. california mom will plead guilty for her role in the college admissions scandal today. she faces four months behind bars for paying for her son to get fraudulent credit at georgetown university. if actress lori laughlin does not change her plea, her daughters could be called to testify. they were accused of paying half $1 million to get the girls into usc. a little awkward on the campaign trail for pete buttigieg.

>> looking to spread that sense of hope. come on. heather: carly shimkus with serious xm 115 with how the internet is responding. carley: that could happen to anybody and that moment is reminding people of this moment that took place almost four years ago to the day. >> force the conversation of the government living within its means. please clap. carley: social media flooded with reaction, one twitter user says only better if one of the folks behind him held up and applause sign. buttigieg and stephen says

everything is a remake these days, hollywood remaking movies. politicians are too. and something like this - >> they use it as a break to remember what they are going to say next. what do i do next? talk about city council. we discussed this, asking the mlb to give the world series title to the dodgers. >> the la city council voted unanimously to ask to give the 2017-18 world series championship to the dodgers, one of the councilmen who proposed a resolution said this would be an appropriate payback and there has to be a method that this isn't allowed. some on social media are not on board with that. the la city council should worry about more important things.

another twitter user says this is such an la thing to do and carlos is just strip them the title. don't give it to the dodgers and that tweet coming from the dodgers fan. it has gotten to this. this major cheating scandal, clearly the teams that won the world series in 2017 cheated. it does raise questions. >> will more teams be pulled into it? this is not a question because there are rules with the impeachment trial, the senators are only allowed to have milk and water. >> >> they learned of this rule that they are only allowed to have milk and water, no coffee but there is a candy desk. >> it is overseen by senator pat to me. this tradition started in 1965

but i didn't know about it. a lot of reaction, i would rather -- another twitter user says rules prohibit coffee, someone should challenge that. i almost think that is cruel and unusual punishment. and impeachment story is put to rest, get a candy dust beds. peanut butter cups, so they can get candy and don't talk to anyone or drink milk and water. they are signaling. heather: 26 minutes after the hour. joe biden said his administration would punish ice if they deport illegal immigrants caught driving drunk. >> you only arrest for the purpose of dealing with a felony

that is committed and i don't count drunk driving is a felony. >> tom homan says the law is clear and joins us with a message for the former vice president. hillary clinton backtracking after saying nobody likes bernie sanders. her new comments dividing the democratic party. that is mean. next.

bill: we are back with the fox news alert, day one of donald trump's impeachment trial ending with fireworks. explosive debate on the senate floor wrapping up two hours ago. the senate approving rules for the trial after 12 hours, sparks flying on the senate floor between the house managers and the president's defense team. >> they are asking you to use your office to remove your

political opponent from the ballot. that is wrong. >> i see a lot of senators voting for a cover-up, voting to deny witnesses. a treacherous vote. >> chief justice roberts had to admonish both sides. republican senator susan collins voting on one of the motions, a motion to table a procedural amendment about brief filing. the president's transcript and adam schiff may have twisted the words again. allegedly mischaracterizing a text exchange between parnas and rudy giuliani in which parnas referred to setting up a meeting with mister z. that is ukrainian president zelinski but politico reports it

was likely burisma's founder. giuliani says it is impossible to address all the democrat lying today, they should be discipline for members who conspired to defraud and are serial liars. let's bring in griff jenkins who is live for us on capitol hill. thank you for joining us once again. let's begin with that exchange in terms of adam schiff, he is being shifty again. >> we knew house managers try to get a lot of things included that were not in the house's version and that is testimony from john bolton and mick mulvaney and the new parnas information and whether adam schiff got lost on the trail only time will tell. mitch mcconnell is reserving all of this after the trial started.

as we were talking earlier, we got opening statements and got is unbelievable marathon of personal attacks, to get chief justice roberts terrain things in. >> which we were discussing earlier with the congressman we had on, that is ultimately the goal, they had this amendment after amendment they knew would not pass so they could get this information out to the general public. >> i think the american people are watching this, the court of public opinion does matter even though it will come down to the 100 jurors bound in silence which is quite interesting. certainly a viewpoint for the

american people this was being done for political reasons and the polls back that view up because it didn't move the needle in the house's hands. notice in the senate. and the political side of this on day one would feed the narrative. >> already justice roberts having to admonish the senators. >> chief justice roberts cited a 1905 precedent when the senate was impeaching a federal judge, and roberts said it is not civil discourse, everyone trying to look up what it means. heather: thank you so much, appreciate it as always.

after slamming bernie sanders's record, the former democratic nominee taking aim at her primary rival, nobody likes him. todd pyro with a clear message bernie backers are sending. >> reporter: as if this week needed any more drama, a 2016 battle being played out in 2020, hillary clinton calling out bernie sanders and it is not a good look for democrats in this election season. here we go. the quote from her documentary, quote, one senator supported him. nobody likes him, nobody wants to work with him, he got nothing done, he was a career politician. it is all just baloney, that has

bernie backers, and and and 2020 bernie opponents. and in the sanders/warren debate fiasco tweeting at the risk of getting in the middle of it i like bernie sanders. now let's move on, america. hillary tweeting without mentioning bernie by name i thought everyone wanted my authentic unvarnished views, the number one priority is retiring trump and i will do whatever i can to support our nominee. is what bernie things, basically echoes hillary's defeat trump sentiments adding his focus is on impeachment and you better believe that topic will come up in conversation along with impeachment, when we need folks

in frigid florida, let me tell you, at 4:30 we do this a lot, not a lot of people in the parking lot typically. we already have eight cars filled with folks ready to go. heather: grab a coat if it is 30 degrees. >> i didn't bring my winter gear. i don't know about that. >> you can take it. thank you very much. some other headlines. additional troops being flown out of iraq to be evaluated for possible concussions. the soldiers may have been injured during the iranian missile attack, 11 servicemembers are being examined for concussions. nobody was killed. the strike was retaliation for the killing of general soleimani. mexico is flying migrants back

to hunter s, thousands of them rushed to the guatemala mexico border. 110 illegals seen border national guard plane in mexico, 106 are expected to arrive back to the country with more to come in following days. 2400 migrants followed over the weekend, an additional 1000 attempted to enter by crossing the river monday. donald trump planning to expand his travel ban, telling the wall street journal he will add multiple countries by the end of the month. restrictions will be placed on these 7 countries. the president has not confirmed with countries he is considering. hasn't confirmed it yet. they may not be banned outright but they could be banned from the visa lottery program. we will follow that for you. donald trump's new jersey rally

past the most ticket requests out of all the evens across the country and there have been some big ones according to jefferson van drew who will join the president next week, he says 100,000 tickets have been requested. the rally will be held at the wildwood convention center which only holds 7400 people. van drew recently switched to the republican party after refusing to vote against the president's impeachment. he was one of two democrats to do so. 20 minutes until the top of the hour. it is not just china's problem anymore. american airports are on high alert after a mysterious and deadly virus makes its way stateside. should we be worried? the latest from experts in a live report. megan markel royals up. how to stop her paparazzi problem from following her

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>> turning to a health alert, nine people confirmed dead from the new corona virus, the flulike illnesses reported right here in the us. jackie ibanez joins us as health officials race to contain the deadly outbreak. >> reporter: the world health organization is meeting to discuss whether to declare a global health crisis. chinese health officials announced 3 new deaths overnight bringing the total number 29. 500 cases have been reported in china alone. all nine does happening in china's problems where the outbreak started with wild animals at a meat market. a washington state man in his 30s returned to the us, doctors

diagnosed him with the disease five days after his return. he is in good condition at a hospital near seattle where he will remain in isolation for 48 hours. alex aczar says the us is prepared to tackle the virus. >> this is a potentially serious public health issue but one for which we have a playbook and we will keep ratcheting up our controls, multilayered approach is appropriate in consultation with donald trump. >> reporter: the cdc is expanding plane passenger screening for the disease or five us airport as millions travel for the chinese new year. anyone flying to the us from chinese cities must enter from one of those five airports. screenings for the disease are some little process on a plane in china, the virus can spread him and human causing cold-like symptoms including fever and cough. heather: 15 minutes until the top of the hour, survey says,

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bill: does america support donald trump on impeachment? the answer depends on what you are reading. some polls say the president's approval rating has gone up since the start of impeachment but more americans support removing him from office. how do americans really feel?

how do americans really feel? thank you for joining us. let's get right to it. let's look at these poll would say something different. this was the first one referenced, the cnn poll, should the president be convicted and removed from office? 51% say yes, 45% say no in this gallup poll, the president's approval rating at 44% but that number has gone up since the impeachment started and finally this monmouth poll should members of the trump administration be asked or compelled to testify? 51% said they should be compelled, what do you make of these different polls and why are they all over the place? >> they may seem to be all over the place but the fact is they are very different questions. the question on should he be impeached by the senate and

removed from office has been running basically at 50%, in the low 40s saying now since the summertime coming through the fall when the house was looking at impeachment, that is driven in large part not by job approval but his favorability index. that of all the survey questions has been a flat line the entire trump administration. >> what do you make of his approval rating impeaching is increasing since the impeachment began. >> what you always had with the electorate, a third of the electorate are the trump base, the people who liked him from the day he got into office, public polls don't show the strongly favorable, the group is 30% of the electorate. another 11% or 12%, mainly republicans, like the

president's policies but not his persona, but they have locked in. that puts them in the mid 40s on his favorable index. they put priority on the policies. another 11% or 12% also like his policies, just like his persona -- heather: i have to interrupt because we have the president speaking right now in davos talking about the economy, let's take that live. >> better than anybody ever thought possible. the so-called safe zone to keep it is safe as possible. we have the oil. we are working on that and nicely secured and have

thousands of isis prisoners and taken 100% of the caliphate. it is an interesting region but we have a tremendous relationship and great to be with ukraine so thank you very much. would you like to say something? >> i would like to take this opportunity to thank you for receiving us in davos. >> we will continue to monitor it for you been in the meantime we will be right back. stay with us. when we started our business

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bill: joe biden making waves saying ice should not deport drunk driving illegal aliens and threatening the agency with punishment if they do. >> they go to school wondering if there mom picks them up if she will not be there because ice agents arrested her. >> you are going to get fired, you're fired if you try to do that. you will me arrest for the purpose of dealing with a felony committed and i don't count drunk driving is a felony. >> is it okay to penalize ice for enforcing the law? fox news contributor tom homan, you have something to say on this, you're fired if you do that. >> i think joe biden has lost his mind. he was in congress for decades. he knows how this works. there is no prerequisite, you

commit any crime to be removed from the united states if you're here illegally. that is the way the law is written statute. if he doesn't like what ice is doing he can change the law but you cannot fire a law enforcement officer to enforce the law he took an oath to enforce. it is a ridiculous statement. heather: why is he making such a ridiculous statement? who does he have to protect? >> i have no idea. when he was vice president and i ran the national program of ice, i saw over removal of 1 million aliens, many didn't have any convictions at all. his tune has totally changed. we didn't hear a people from him when he was vice president on this issue but the bottom line is law enforcement officers, the laws are clear, we will arrested remove illegal aliens, if they have to process integration judge says they got to leave

they are going to be arrested and leave. whenever a law enforcement agent ignore the judge's order none. heather: let's look at the state drunk driving laws, never a felony to see a second offense as a felony, and 22 states, a fourth offense a felony in 19 states but the bottom line is 29 people die in dui incidents every single day. this would help avoid that. >> over 10,000 years, a huge public safety threat, there was a misdemeanor or founder, a public safety threat, 10,000 lives a year are lost. if he doesn't like it he can convince congress to change it. congress is acting right now. heather: this is not a request, ice uping the anti-issuing a list of fugitive illegal immigrants freed by the

sanctuary city policy. >> this has pushed the community at risk. more citizens being raped or murdered. when you release a public safety threat rather and turning to another law enforcement agency is foolish and dangerous. thank god for ice stepping up their game. and picking up on this. heather: dangerous and deadly, sexually assaulting and killing a 92-year-old woman in new york, after he was released. apparently now back behind bars. shouldn't have gone out to begin with. >> ice has dropped 7000 detainers and average ten. heather: tom homan, thank you so much, we appreciate it.

another busy day on tap. please stay tuned for fox, we have impeachment coverage throughout the day part "fox and friends first" continues with the president in davos on the economic forum. >> the president's council would talk about this day. >> the only one who should be embarrassed is you. rob: it is wednesday january 2, '02, fox news alert, the senate wrapping up the first day of impeachment debate just hours ago. laced night dustups into this morning. rob: from the eleventh hour rule change to chuck schumer's last stand, live with all major moments before they are back in session today. >> i am sure it is going to work out fine. rob: the president looking past impeachment at home and focusing on america's economic success in switzerland. jillian: live in davos with several critical trade talks.