person? >> it takes like a hug to me. >> tastes like a hug? >> that is the old fashioned apple pie. jillian: got to go. "fox & friends" starts now. bye. ♪ brian: straight to a fox news alert right now. strategy striking in australia. and we're feeling the impact here. three american firefighters are dead after their plane, like this one, crashed overnight. steve: former "fox & friends weekend" co-host anna kooiman joins us live from now south wales emergency operation center with the breaking developments and the sad story. anna? >> terrible news to report ainsley, bribe and steve. three american flifort americans through across the global lost their lives. the plane and crew went down in a fiery crash this arch

with a c 130 hercules aircraft. this happened over the snowy mountains region. and it just has really rattled this region. the now south wales royal fire commissioner able to locate the wreckage and crash site but have not recovered any of the crew members. >> the fire fighting fraternity as we keep saying is a tight-knit family. it's a fairly small family. and the crew on board were well-known. their hearts are with all of us that are suffering. what is the loss of three remarkable, well-respected crew. >> the air tanker that crashed is an american colson, a four propeller hercules that had the capability of dropping 4,000 gallons of fire retardant in a single past. the company in oregon released in statement says colson aviation will be sending a team to the state assist in emergency operations. our thoughts and prayers are with the families of the

three crew members on board. meanwhile, the main international airport australia capital city was closed because of severe conditions. residents nearby and dangerous areas were asked to shelter in place and others were asked to leave immediately. so, ainsley, brian, and steve, this crisis, as you can see, is not over yet. once again, the breaking news that i can report to you this morning or overnight here in australia, three american firefighters on board an american coulson aircraft crashed over australia's snowy mountains and believed to have perished. steve: terrible story and identification of the three americans has not been released yet. anna, thank you very much. ainsley: thank you, anna. so sad americans went over there to help and three of them have lost their lives and the impact that will make on their families. steve: i know. in the meantime, we have a second big story. the impeachment trial. congressman adam schiff kicked things off with a nearly two and a half hour opening monologue. ainsley: and the democrats

still have a lot more time left to make their case. two more days. brian: griff jenkins, this might be the one story that wipes -- it hasn't yet. you are live at statutory hall in capitol hill. those opening arguments will restart. i think 13 hours are left on the clock. griff: that's right. good morning brian, ainsley and steve. 8 hours down and 16 more to go. lead house manager, adam schiff, laying out his case against the president and calling for his removal. >> they knew what it was like to live under a despot. and they risked their lives to be free of it for a man who believed that the constitution gave him the right to do anything they wanted, for a man who believed he was above the law and beholden to no one. for a man, in short, who would be a king. griff: both sides get 24 hours over three days and look for the house managers today on day two to go into the law and the constitution and something that the white house defense team is already addressing. >> this is not impeachable.

these policy disputes are not what the founders had in mind when it came to the seriousness of an article of impeachment. griff: the big question now is whether the managers can change anyone's mind from the american people to republican senators. is there was talk of a trade deal to have witnesses called. maybe a john bolton. or a hunter biden. although minority leader chuck schumer says that's not on the table and he is strongly praising adam schiff. adam schiff's speech is one of the most compelling i have heard. it was a tour deforce. and i think that a good number of my republican colleagues for the first time heard the entire armings, powerfully, succinctly and completely and i am hopeful that can begin to change minds. griff: so the managers begin again at 1:00 p.m. today. they will do the same thing tomorrow as well on saturday we will see the white house

for the first go for three days. and then if the senators can stay away, they will get to ask 16 hours of questions. brian, ainsley, steve? steve: that's a good point. if you can stay awake. if you were watching yesterday. you heard the same stuff you heard the day before, which you saw on the tv hearings over and over and over. during a break john corn neighbor senator from the great state of texas said quote during the break the managers were getting repetitive. quote, i think we are already beginning to lose certainly the tv audience and maybe the press. but certainly senators are struggling to see why we have to sit there hearing the same arguments over and over and over and over again. is verbatim. ainsley: let me sum it up tore you saying he tried cheat the election by pressuring ukraine. cover-up comes from the words they think he obstructed congress' investigation by ordering a

cover judgment and then he says going on to remove the president is necessary because the 2020 election cannot be assured. brian: how people listen to that and said this is all new or this is different or this is dazzling astounding me. ainsley: tour deforce. >> we have to get the senators a streaming service or cable television. that's all the house was talking about almost investor bay twim adam schiff condensed into one marathon speech. so they knocked off 8 hours. they have 24 hours to complete. they have 15 hours left. when the republicans finally get up or the trump team finally gets up to talk. they are not expected to use the 24 hours. here is the "new york post" op-ed on impeachment as we begin day three. steve: ainsley, a moment ago, you summarized what you thought you could boil it all down, to the new york post boils it all down to this. i hope you taped it to help you fall asleep. and by the way, speaking of falling asleep, according to the "the washington post." mitch mcconnell started to

dozen off and kind of woke up at one point. rand paul was seen doing a cross word puzzle. and amy klobuchar, said that we're digitally detoxing. the senators actually have to look at each other for a change. ainsley: people want to know a summary. it is boring it. will make you fall asleep. john thune said as far as witnesses are concerned. john thune said maybe next wednesday they will be voting on that. brian: they don't expect the republicans to take amount time. ainsley: they need four republicans. brian: rand paul did informal poll. so far republicans have 45 senators and four ready to vote to dismiss. they want 5 to 8 just want to hear a little bit more. steve: jay sekulow said yesterday they don't want to simply dismiss the articles. they want the president to be acquitted. here is adam schiff who is talking -- you have heard him say stuff like this a million times. the new wrinkle is unless they kick him out of office as quickly as possible. is he probably going to cheat and steal the next

election. >> the house did not take this extraordinarily step lightly. as we will discuss impeachment exists for cases in which the conduct of the president rises beyond mere policies disputes to be decided otherwise and without urgency at the ballot box. instead, we are here today to consider a much more grave matter and that is an attempt to use the powers of the presidency to cheat in an election for precisely this reason. the president's misconduct cannot be decided at the ballot box. for we cannot be assured that the vote will be fairly won. brian: therefore, if the president is able to win, they are going to already say they cheated. steve: there is an item in the "the washington post" this morning that says senators from both parties have urged the house managers on the democratic side to tone it down because

you attack us, the jurors -- attack us, the jurors, at your own peril. they did not like hearing. brian: the words cover-up. steve: the senate is on trial. if you don't go for witnesses, there's a cover-up. you are complicit with the president, and you, too, are part of obstruction of justice. ainsley: rush limbaugh had a lot to say on this. calling on republicans to make schiff front and center impeachment trial. >> i really think republicans ought to bring schiff in here and put him front and center. i think they ought to call him and make everything the democrats are doing related to adam schiff. this guy needs to be upheld front and center as the energy, the face behind this entire thing. because he will fold. he can't -- folks, he hasn't said much that is the truth since this began. he doesn't have a case telling the truth.

so he is manufacturing things. maybe forcing schiff to testify under oath could explain the origins of this entire fiasco. brian: so it's amazing. as i heard adam schiff again going through the same arguments again, that we heard before christmas again, i was astounded. i go this is your game plan? this is why you delayed and waited and we watched and were wondering when this impeachment was going to get started so you could condense all the arguments into one and i was astounded to see and you will see evidence of it later the media was going this adam schiff is brilliant. where did he get these facts? look at his delivery? ainsley: the eloquence, meticulous, one of the great performances, dazzling, forceful, powerful, remarkable. brian: like they were reviewing hamilton. steve: real audience isn't in that room the real audience is the tv watchers.

first day 11 million tuned in on six channels. fox was number one. think about it. 11 million out of what, 3 auto 50 million? not that much people watching. last night none of the broft networks took it. you got to wonder maybe we should get this short. brian: our prime time didn't. tucker didn't take it. sean wasn't taking it. steve: we won. brian: we see day two. we will see what it's like. a lot of people can't tolerate it anymore. steve: we had throughout the day. and once again special coverage kicks off today at 12:30. all right. in the meantime. jillian joins us. good morning to you. jillian: good morning to you. following a number of stories. we start here with a manhunt intensifying overnight after a deadly shooting in downtown seattle. one woman killed and seven people hurt, including a-year-old boy. police say the shooting stemmed from a fight outside a mcdonald's that was just blocks from the famous pike place fish market. >> we heard all these shots. sounded like fire crackers

or m 80s going on. i counted probably 20, 30, 40 shots in succession. we turned around and saw all these people running up towards mcdonald's and around the corner. jillian: police think the victims were all innocent by standers. at least two suspects on the run. another fox news alert now. today the world healthcare organization could declare the deadly coronavirus a deadly health emergency. sickeshutting down transport out of wuhan the center of the outbreak. drrl mehmet oz will join us live next hour with how you can protect yourself. a warning now to hundreds of migrants marching to the u.s. border. you will not be allowed. in acting homeland security secretary chad wolf claiming they will be sent home. this amid reports of clashes with mexican troops at the guatemala border.

wolf says american safety is the department's top priority. well, it's the end of an era. giants quarterback eli manning is retiring from the nfl. the two-time super bowl mvp set to officially announce his departure tomorrow. the giants tweeting several contributes to manning with the #thank you eli. manning has spent his entire career, 16 seasons with the giants. he is one of only five players to receive the super bowl mvp twice. over the years, eli has spent some time with us here on "fox & friends," including going head-to-head with brian in this diaper changing competition. >> ladies and gentlemen, put your hands together, it's the diaper race. [cheers and applause] ♪ ♪ get hand out of the way. >> this one is incooperative. >> don't help him. he has enough help. >> what are you talking

about? wow, look at that he was the winner there. guys, send it back to you. it's sad. you know, because the giants had such terrible season and the way he finished his career. brian: on the bench. that's former philadelphia eagle fan. i will add something to that i think he could still play and joe you will back me up on this. some veteran quarterbacks looking for other teams he couldn't get a gainer team. i think he still wants to play. ainsley: i wish him all the best. they are a remarkable family. all three of the boys are great. brian: guess what? there is another generation. arch manning in high school and killing it. steve: the reason we did the diaper changing he had just had a child and as soon as he was done, i had him with a sharpy sign the baby doll and the baby doll is in one of those sports memorabilia things that we have got at our house. 100 percent. ainsley: you have that baby. steve: i have that doll autographed by that man. brian: imagine if he gets in the hall of fame how much

that baby's bottle will be worth? steve: i hadn't thought about that. ainsley: how much would you pay for the baby's bum? steve: congratulations, mr. manning. president trump set to make history tomorrow when he becomes the first president ever to attend the march for life, the anti-abortion rally in washington. our next guest will also speak there what will she tell the pro-life crowd? stick around for that. ainsley: going green, even if you don't want to. the climate change surcharge coming soon to your restaurant tab. charge it to brian. brian: yes, i will write it off. ♪ my love don't cost a thing ♪ ♪ limu emu & doug

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steve: president trump has announced he is going to be attending the 47th annual march for life rally tomorrow in d.c. becoming the first sitting president in the event's history to attend in person. the president tweeting, quote: see you on friday, big crowd. here with reaction is one of the faces that will be in tomorrow's crowd, one of the event speakers, republican senate candidate for new mexico alyssa martinez. alisa good morning to you. >> good morning to you. thank you so much for having me. steve: this is a topic near and dear to your heart. you have been speaking on behalf of the unborn for years. you started, is it called the new mexico alliance for life about five years ago? >> yeah. i started the new mexico alliance for life five years ago. we have grown to over 30,000 supporters statewide in new mexico. speaking on behalf of not only the unborn but women as well. and, you know, shedding a light on that issue. steve: would you do you think the president wants to attend? >> well, you know, president trump is the most pro-life president that we have ever had.

and, you know, he has done a tremendous job in exposing the far left e extremism on this issue and support of abortion up to birth and infanticide policy. he enjoys the support of the pro-life community. i believe that's why we will see a tremendous turnout tomorrow of nearly a half million supporters at the national march for life. steve: that is a gigantic crowd. and we have been following the march for life for years. and every year my church sends buses down to washington, d.c. to be in attendance. it doesn't seem this particular march, while half a million people may be in attendance, it just does not get much attention from the mainstream media. why is that? >> you know, if doesn't. and the mainstream media is afraid of the truth. the majority of americans are supporting a pro-life position. we know 70% want to see abortion limited to the first trimester. so, you know, it would be nice if they would cover this issue as much as they would the woman's march. steve: you are also running for senate in the great

state of new mexico. and proud member of 89 navajo nation. you have actually been calling out elizabeth warren who is running for president. she is the senator from the commonwealth of massachusetts. explain why. >> as i said if elizabeth warren really understood native americans or cared about their experience, she would not be supporting, you know, big government socialist style policies as she is in medicare for all, green new deal and green manufacturing deal which are presenting a government takeover of private industry. you know, the reservations have some of the highest unemployment rates and poverty rates in the country. because of those types of policies. steve: all right. well, good luck to you tomorrow. and on the run for senate as well. aelissa martinez running for senate? new mexico. >> thank you. steve: by the way, we did reach out to the elizabeth warren campaign for a comment. they have not yet responded to us. meanwhile, coming up, need a lung transplant.

guess what? there's an app. for that dr. siegel goes for a helicopter ride as you can see there to explain how organ donation is going high tech coming up next. and joe biden and bernie sanders' tax plans coming up trillions short. who is doing the math in their campaign? ♪ you can't always get what you want ♪ you can't ♪ always get what you want ♪ ♪ you just might find ♪

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at carvana. brian: glad you are up. hope you are dressed. here are your headlines. former vice president al gore compares the climate crisis to the 9/11 terror attacks. that happened in switzerland. gore said in part and i will quote it here. this is dunkirk. this is the battle of the bulk. thibulge. we have to rise to this occasion. gore said the climate crisis is getting worse way faster than people realize. restaurants want to charge you as i change gears for climate change. some places are adding 1% surcharge to checks they will fund a new program to help farmers adapt more climate friendly practice like composing and tree planting. customers can opt out from paying the fee. ainsley? ainsley: thank you, brian. they're calling it a new

lease on life. the popular blade app. that let's users order a helicopter ride with the push of a button now teaming one hospital to literally save lives. here with more is medical news contributor and professor of medicine dr. marc siegel. dr. siegel, thanks for being with us. >> good morning, ainsley. ainsley: tell us what this is all about. >> the world of organ transplant is changing. with the use of nonmedical helicopters to carry out transports. speed is increasing. traffic and costs are decreasing. the benefits are bountiful. outcomes are improving. i saw how it's being done first hand as a physician going along for the ride. take a look. >> bringing a couple lungs in for a lung recipient it. will give this patient a new lease on life. >> a new lease on life is what a blade helicopter hopes to help new york university land gotten medical center give to transplant patient. blade is widely known as the

iewb every of small helicopter and jets carrying elite from the city and the airport and more. blade says it's this business model that actually makes them perfect for organ transport. >> it turns out that the 24 hour nature of our business and the precision and redundancy we bring to our service actually lends itself really well producing transatlanta sometime what blade does for a living. >> each organ has a certain time of tolerance. there is no question the short the ischemic time the better the functionality of the organ. >> is this fancy process only going to certain patients with extra cash to spare. >> that is absolutely not the case. there is no no upgrade to have your organ delivered by blade. >> it's much less expensive. we estimate it's about a fourth of the cost to use a commercial helicopter as it is to use a medevac helicopter. >> blade has conducted nearly 50 organ trans40s

nyulan gone so far. i had the honor of seeing just howe it's done. the langone took a new jersey. met a blade helicopter to fly them over new york city landing right next to the hospital. >> welcome, everybody, we are in manhattan. >> from there, the team drove across the street to give the lungs to a new recipient. >> it used to be that it would have to go all the way back to nyu which would mean cutting across midtown manhattan, at this time of day that can be anywhere from half an hour to an hour. all of that is just time that the lung spends without oxygen and without blood. >> what the transport with the blade helicopter system has allowed us to do is to shorten that time from an thowr approximately six minutes. >> we can fly directly now to some of the organ recovery. blade has been a game

changer for us. >> to hear the stories of people we have helped, you can't help but feel good about it. >> blade has been working with nyu alan gone. ains there was an incredible experience being a physician driving -- flying in this helicopter bringing the organs into the hospital. ainsley: it's so amazing because time is of the essence. makes sure the patient gets the organ and the patient is healthier because you are cutting down on the time right? >> absolutely. much better outcomes. ainsley: brings in gary greg ray lung transplant recipient helped already by this partnership. gary, tell us this story how this partnership helped you. >> it was great. first of all, thank everybody involved with the transportation from blade to the people at nyu, the transplant team was amazing. i had such a great experience. and a very quick recovery.

so, i'm blessed. ainsley: how many days did it take to you recover? >> i'm 16 days as of today. ainsley: 16 days? wow. you look great. so you had a double lung transplant, right? >> yes, i did. it. ainsley: and why? tell us what was going on? >> i had sar so wide office, inflammatory organ disease. over the last year and a half it got really pad. on oxygen full time pretty much. really limited my life as far as no activity. i was able to go to work but basically sedentary. and after this immediately i felt better. i got off oxygen very quickly. and i just feel great. amazing recovery. >> dr. seagull, gary, describe to the viewers what it feels like to be on a scarred inflamed lungs from sarcoidosis getting lungs 16

days later how does it feel? >> amazing. just to take a deep breath. the stethoscope on your back every time they check you out. just to be able to take a deep breath is a good thought. i'm so lucky. it went so well. ainsley: we are so happy for you, gary. we wish you all the best and a long life. >> we wish you the best. >> you, too thank you so much. thank you to everybody involved. it was a wonderful experience. ainsley: that's great. thank you, dr. siegel for saving lives and doing what you do. >> amazing. totally amazing. ainsley: the president's impeachment trial resumes today as senator ted cruz argues adam schiff's case makes testimony from hunter biden critical. is it? judge napolitano rules next. ♪ ♪ i'll do whatever it takes ♪ ♪

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>> i think the house managers made a very serious strategic error today. adam schiff's arguments to open the day today directly drew into question hunter biden because the house democrats had built their entire case on the proposition that any investigation into burisma and corruption was a sham, that it was completely debunked.

if the house manager's case is based on the allegations of corruption concerning hunter biden and joe biden being a sham, then it is directlyvel vanity and i have got to say need for the senate to hear the testimony of hunter biden has become all the more relevant. steve: sounds like the democrats made a mistake according to ted cruz. well, today the president's impeachment trial resumes for day three. as the texas senator argues adam schiff's case now makes testimony from hunter biden crucial to the trial if there are witnesses. brian: why not? is there a predicate for this happening? here to weigh in is senior judicial analyst and host of liberty file on fox nation judge andrew napolitano. does ted cruz make a good point? >> yes, he does. initially decide whether or not witnesses are relevant. the senate decides whether or not witnesses can be called. steve: right. >> i think they are going to go in that direction. i think, after hearing

senator cruz there are republicans who want to hear from the bidens and the flip side of that is there are democrats who want to hear from john bolton. steve: don't they vote on that? >> yes. they won't vote on a witness. they will vote on the ability to call a witness. so adam schiff will call john bolton. they will take his deposition and pat cipollone will call either hunter biden. steve: you are proposing they vote for it. i don't think that's going to pass. >> i think it will after senator cruz. the initial decider is the chief justifiable. first thing he is thinking is what am i doing here? i'm like a bump on the log. i'm just watching this go on. normally judges are a lot more interactive. secondly, the level for relevance is a low threshold. so, if you make an argument to the chief justice like senator cruz just made to chad pergram or whoever was interviewing him down there, i think the chief justice will say okay, the president is on trial. the president is the defendant. the president is in danger of losing his office. he should be able to call

whoever he wants that he thinks will help defend him. the democrats will say it is the president's behavior that's under scrutiny here. it's not joe biden's and it's not hunter biden's. the chief justice will make that call. and then if somebody objects. the senate will vote. ainsley: so, judge, let's say adam schiff says i want john bolton. the republicans say i want one of the bidens. steve: i want the whistleblower. ainsley: i want the whistleblower, i want mic mulvaney. did they say they want them. do those people have to talk? >> yes. ainsley: what about executive privilege? >> they can assert executive privilege. they can assert the fifth amendment. the fifth amendment prevents you from giving testimony harmful to yourself. steve: hunter biden. >> executive privilege is limited. and this is flight john bolton's wheel house to military, diplomatic and national security matters. that's what john bolton did. no one will testify without a deposition first. and then either transcripts

of the deposition, which will be taken into secret but with republican lawyers for the president and democratic house managers there. they will either read the transcripts of the deposition to the senate or if they really want to make a show of this. they will actually have live testimony in the well of the senate. that hasn't happened in 100 years because in the clinton case they used the deposition transcript reading model. brian: you can be assured the president is going to use executive privilege. steve: he said it yesterday. >> he said it yesterday in switzerland. brian: all right. hey, judge, thanks so much. >> you are welcome. brian: the best is yet to come we hope because it's been boring so far. >> if he shows up and sits in the front row the boredom is gone. steve: he also said his lawyers didn't want him to do that. ainsley: jillian mele has the headlines. judge: where is she? ainsley: right behind you. >> judge: good morning. >> hacked jeff bezos to try

silence him. mohammed bin salman threatened bezos who owns "the washington post" by sending him immajors of the woman he had an alleged affair with attempt to tone down coverage of columnist jamal khashoggi's. the enquirer ended up exposing the affair. he calls the reports absurd. bernie sanders and joe biden's tax plans may come up short. a nonpartisan group says both candidates' ideas won't bring in as much money as they expect. the wharton budget model says bernie's plans would raise over $3 trillion. the sanders' campaign predicted closer to 4.5 trillion. as for biden his plans would raise $2.5 trillion compared to the 3.2 trillion his campaign expects. able the philadelphia fliers mascot and you police investigation for assaulting a teenage boy. the alleged incident happened during a photo op. at the fliers arena in

november. the boy's father says gritty lunged towards his son and punched him in the back. the fliers organization says, quote: we took mr. greenwell's allegation seriously and conducted a thorough investigation that found nothing to support this claim. so, we will see. and how about this? america is mourning the locals of its favorite peanut. have you seen this? >> don't do it, mr. peanut. >> no. [crying] >> maybe he will be all right. >> maybe not. >> the estate of mr. peanut confirms his death saying he died at the age of 104 in a selfless act to sacrifice himself to save his friends. video is a sneak peek of an upcoming super bowl ad it. will air on fox on sunday, february 2nd. brian: can i tell you what i think is happening? i swear to you i have not checked any of this. i lost wifi last night. i believe mr. peanut lands

on the ground, he breaks into two peanuts and the fire makes him a roasted peanut. that's going to be the new flavored peanut because inside a peanut are two peanuts. i'm getting -- do you agree with me? [laughter] ainsley: inside the shell are two peanuts. steve: your knowledge of agriculture is a tour deforce. it's dazzling. ainsley: tour deforce. [laughter] steve: janice. >> i think he will being smooshed and become peanut butter. janice: did you hear that mr. peanut died yesterday. >> did i not hear that. janice: is it a sad day for you. >> yeah, it's going to be pretty sad for me. janice: what's your name. >> my name is roth. >> where are you from. >> georgia. janice: your name? >> alex westfield, new jersey. janice: are you sad about mr. peanut? >> i heard about it on the way. in. janice: all right mr. peanut. soon to be mr. peanut

butter. you know it's a little bit warmer out. we like that. going to trend on the warm side on the east coast. we do have snow on the portions of the midwest and mississippi river valley, across the ohio valley. be prepared. winter weather advisories are up. i know you want to say hi to your three sons. >> yes, good morning, r.j. nathan. love you. janice: peanut story is nuts. ainsley: you said something about rest in pea. >> ashes to ashes, nuts to nuts. all i can say i'm shell shocked. brian: i have a feeling i'm right. steve: or they will branch out to almonds. brian: let me tell you what's straight ahead. >> soldiers, hoes, attacked by out of control president. arrogance, ignorance, chaos,

enough. brian: is all of that even true? we'll ask mike bloomberg's campaign manager kevin sheekye next.

brian: 2020 hopeful michael bloomberg attacking a new

add president trump's relationship with the military. >> the pentagon, president trump arrives for a briefing by top military leaders. trump explodes, attacks the war heroes in the room as losers. and a bunch of dopes and babies. many in the room had risked their lives for our country, soldiers, heroes, attacked by an erratic and out of control president. arrogance, ignorance, chaos, enough. america needs a steady leader who will honor those who serve. >> i'm mike bloomberg and i approve this message. brian: that's the ad that's now out mike bloomberg's 2020 campaign manager kevin shsheekey is here to talk about it. why do you think the president is vulnerable when it comes to the military. >> it's an institution that everyone expects. and they want our commander-in-chief to honor the institution and our country by attacking it. brian: look what he has done not even three years in office. increased v.a. funding to level we have not seen before. the defense budget as well. increased military pay, that

just came through in the last budget. donated q 1 salary to the v.a. that's a token but important especially for mike bloomberg does a lot of that stuff. created the va accountability. relaxed rules of engagement. and got respect from people like retired military general gary harold saying this based on the success in dealing with fairly hard characters, kim jong un, china and some others. if anybody can do it, president trump can. that's just an example of a quote. do you see some legitimate push back on mike bloomberg's attack. >> no, i don't. in fact, i get calls from people who are thank us for doing it. there is two points. not all about spending money. mike bloomberg when he ran new york city doing more with less. i think the second thing is we showed this ad to a few folks. i have had the honor of meeting some of our great military leaders. one of us emailed and said he disrespects us all. weakens us as a country and run this far and wide. there is enormous feeling in the military that they have been disrespected. listen, the guy i talked to

is overjoyed that someone is standing up for him. brian: did you see him enter the army navy game. >> i did. brian: did you see the applause? >> i did, i did. brian: were they ordered to applaud. >> the president has a base. there is no question about it. brian: did you see him in iraq? >> hey, listener, i also seen members of the military stand to the side and say nothing because they respect the commander-in-chief. i do not think that is a two-way street. brian: you believe the president is vulnerable there. i think the president actually feels as though that's one of his strengths and we'll see because we know where the bases are and where the military hot beds are mike bloomberg is waiting but is he still campaigning, is he quite visible. another area in which mike bloomberg is strong on and that is being anti-gun. here he is talking about jack wilson who saved the day when a shooter stormed into a church. listen. >> yes, it may be true. i wasn't there. i don't know the facts, that somebody in the congregation had their own gun and killed the person who murdered two other people. but, it's the job of law

enforcement to have guns and to decide when to shoot. you just do not want the average citizen carrying a gun in a crowded place. brian: is he not for somebody, if law enforcement doesn't happen to go to church that day, mike bloomberg would be happy if everyone was dead? >> no, no, no. i think we have to honor the hero. listen, the person in question did an honorable thing and saved many lives. should anybody be able to walk up and get a gun i'm not sure. brian: how come jack wilson. >> if a man is trying to kill his wife. should that man be able go in and buy a gun. mike bloomberg is for reasonable gun sense laws. he supports the second amendment. the question is are you going to have reasonable laws. i do think every single person on the subway should have a gun. brian: reasonable laws. >> of course not. brian: open for debate. jack wilson said should have been left to law enforcement. mike bloomberg said, want to be i president. leave it up to law

enforcement. jack wilson was on yesterday. >> mr. bloomberg had we operated by his standards or his wishes, the carnage would have been significantly greater because the individual still, after the shooting still had 7 other rounds in his gun and three more in his pocket. brian: kevin, do you think mike bloomberg owe mrs. wilson an apology. >> no. i think mike bloomberg and mr. wilson disagree. mike bloomberg supports his ability to own a gun with a background check. brian: you said reasonable. >> i salute him. the question is as mr. wilson laid out any person who can't pass a background check criminally insane get a gun i say no. brian: here is elizabeth warren as we move on to another topic. she said this about mike bloomberg. he bans his supporters democratic candidates. this ban puts impossible situation. undermines the.

>> she is nervous mike bloomberg is catching up on her. mike bloomberg is in fourth place and probably pass her. brian: two or three encouraging polls. >> no question about it. second question is elizabeth warren. listen that was a decision made by bloomberg news in terms of you who they would investigate people. think for a second, the "new york times" did a piece on elizabeth warren just a few months ago where they said elizabeth warren had raised big money from big wealthy donors before she didn't. can you imagine if bloomberg news did that and called up her press secretary and said we are investigating her. could you imagine the reverse of you who she would react. brian: unfortunately we only have 10 seconds. i'm not in the business of giving bloomberg advice. if you are going to investigate the president. you should investigate the candidates in the 2020 race. congratulations on your early success. coming up later, tulsi gabbard and so much more. liberty mutual customizes your car insurance so you only pay for what you need. i love you! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ little things can be a big deal. psoriasis,

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steve: 7:00 in new york city. we start this hour with a fox news alert. tragedy has struck in australia overnight. listen to you this three american firefighters are dead after their plane, like this one, crashes in a rural area. ainsley: former "fox & friends weekend" co-host anna kooiman joins us live from the new south wales operations center with the breaking developments. anna, this is hard to hear. anna: terrible news to report, ainsley, brian, and steve. three american firefighters who literally flew across the globe, putting their lives at risk lost their lives in a fiery crash this afternoon. the american plane and the american crew, they went down on a fire bombing

mission. we are told that they went down literally in a fire bomb by the new south wales fire commissioner. he says that the entire staff here is really rattled by all of this, but very appreciative of all the americans lending their support. >> the fire fighting fraternity, as we keep saying, is a tight-knit family. it's a fairly small family. and the crew on board were well known, their hearts are with all those that are suffering. what is the loss of three, remarkable, well-respected crew. the c-130 healthcare lees the air tanker crashed. it's an american coulson, a four propeller hercules that had the capability of dropping some 4,000 gallons of fire retardant in a single pass. the company base based based inn released in part coulson aviation will be sending a team to the site to assist in emergency operations. our thoughts and prayers are

with the families of the three crew members on board. the main international airport australia's capital city of canberra. shelter in place and others asked to leave immediately. ainsley, brian, steve no, word on what caused the crash or, of course, these identity of these three american fire fighting heroes because their families are being notified. but i can tell you that australians are giving these american firefighters warm welcomes every time they come to the airport. we have got some video that we can show you now. the nisc there in america talk about how 200 american firefighters have come from the u.s. forest service and the department of interior and they are doing a lot of aviation efforts and a lot of strategic planning and things but, again, the breaking news that we can report to you here from the new south wales emergency

operations center 3 american firefighters on board an american coulson airplane have lost their lives. the death toll is now 31, that includes eight firefighters, five tehra austrad three american. steve: we ran that video of the americans getting the ovation walking into the airport three weeks ago. we understand the coulson airplane company has grounded their fleet in tribute to the fallen americans. ainsley: selfless individuals. flew on a plane all the way around the world to help other people, help another country and three of them now are not going to return. brian: they have had a lot of practice in doing it. we will have to see what the investigation overturns. three minutes after the hour. other major story happening in this country impeachment trial day two is wrapped. congressman adam schiff kicked things off with nearly a two and a half hour opening statement. ainsley: and the democrats still have a lot of time

left to make their case. steve: griff jenkins live at statuary hall on capitol hill. so, griff, we heard them yesterday in that marathon session. what's left to say today? griff: well, they have a whole lot more to say. they have 8 hours down. 16 more theoretically to go. it was adam schiff that led the charge, laying out the evidence against the president. making the case that he abused the power of his office, and he should be removed. >> they knew whether a did was like to live under a despot and they risked their lives to be free of it. for a man who believed that the constitution gave them the right to do anything they wanted or a man that believed that he was above the law and beholden to no one. for a man, in short, who would be a king. griff: both sides will have 24 hours spread over three days to present their case. what happens today with house managers, they are going to dive deeper into the constitution and the law. meanwhile, of the president's defense team is confident of their case.

>> you this is going exactly as we expected it. we i will tell you, this we will be putting on both an affirmative case in defense of the president but also pointing out. so errors in the case that they have presented. griff: there is stale possibility that witnesses could be called. we heard there was a report of a trade deal john bolton for hunter biden. minority leader schumer says that's not on the table. but he is praising the job the house managers are doing. >> adam schiff's speech was one of the most compelling i have heard. it was a tour deforce i sense that a good number of my republican colleagues for the first time heard the entire arguments, powerfully succinctly i'm hope of that can begin to change minds. >> but it's clear that it wasn't a tour de force for all 100 senators. many fidgety some of them leaving their seat as they

struggled staying awake and paying attention. reconvened house managers start at 1:00 today. do the same thing on fridays well. then on saturday for the first time, we will see the oral arguments from the president's defense team and after their three days it will be 16 hours of questions from the senators. steve, ainsley, brian? steve: thank you very much. brian: 24 hours. get, this trump has 24 hours. they say the trump team is not going to use it. 16 hours after that. both sides to submit questions in writing to dear diary, if i had the chance to get my question answered here what happens it would sound like so all in all as ainsley mentioned last hour, senator thune, the second most powerful person on the republican side. ainsley: the whip. brian: i think we'll be voting on witnesses on wednesday. senator rand paul says on the record he believes 45 republicans are going to vote to dismiss. he says about 5 to 8 still want to hear a little bit more. ainsley: if you missed all nine hours yesterday. basically was the democrats saying that the president cheated his way into the

election or is cheating his way to the next elections. pressuring ukraine. then when he found out that congress was investigating him then he tried to cover it up. steve: we have been saying all along, just like the hearing, this is a tv show. and if you watched the coverage and fox has the highest ratings of day one. you watch the coverage. the democrats are actually throwing the soundbites. ainsley: videos and emails. steve: suggests what we said a tv show to persuade voters that donald trump should not be reelected. they know he is not going to be thrown out. adam schiff know he is not going to be thrown out. they want to make sure is he not reelected. the problem for the democrats they have 24 hours spread over three days. if you watched a little, you know, and watched a little more, it just kept repeating the same stuff over and over and over and mark meadows from north carolina said this reminds him of that commercial with the little lizard.

watch. >> it was about lie after lie. listen, we quit counting after we had 12 different false statements made by adam schiff and the fact is, he knows better. and he continues to try to sell this to the american people. i can tell you they are not buying it. we are not buying it. more importantly, the senators are not buying it. we didn't hear anything new. i can tell that you adam schiff repeated himself more times than a geico commercial. the only problem is he can't save you 15% or more on your car insurance. all he can do is give you a headache. steve: mark meadows is leaving congress. he should go to work for geico that was perfect pitch. ainsley: more like the geico lizard or energizer bunny keep going and going. brian: take them both, ainsley. i would add this. if president trump gets another four years. i think mark meadows will find a way he will be serving in some exam cit

capacity? steve: chief of staff. brian: that's the republicans trying to distract. not really. how about it's the foundation of what president trump was after. believing in 2016 the obama administration did everything they could to destroy his administration's first few years. former investigation hence what he thought was unsavory behavior coming out of ukraine. hence, how the heck did hunter biden get a job like that. he was not qualified for. which leads them to the biden trail to call witnesses should they vote for witnesses. joe biden was asked: what about you, joe, would you go? >> the reason why i would not make the deal, the bottom line is, this is a constitutional issue. and we're not going to turn it into a farce into some kind of political theater. they are trying to turn it into political theater. i want no part of being any part of that. brian: he needs another camera on that shoot next time. ainsley: there is his back.

steve: constitutional issue. the reason they were asked about that yesterday is the fact that the "the washington post" yesterday morning ran a story about how behind the scenes some democratic senators who are so desperate to hear from john bolton they will do anything to get john bolton as a witness, including throwing joe biden under the bus. ainsley: we'll do a trade. chuck schumer has asked about it and he said that's off the table. which makes me think so it was on the table? steve: it was never anything. look, if john bolton was called, the president's team would clearly exert executive privilege. if joe biden were called fifth amendment. none of them are going to answer any questions. brian: he has some legal problems himself with baby momma. steve: that's separate. brian: don't be surprised if he says i have a problem in south carolina i can't show up in washington. who knows? 10 minutes after the hour. let's switch gears and get cripple central'kim strassel's.

talking about how people want to change gears depending on your party. >> we had endless number of stories from media reporters about biden and his conflicted and the problems that the obama administration was facing with it. stories about amos the former obama energy czar who went to biden aids and said this looks like a conflict. and went to biden himself. these are people that within the administration, as you said, there seemed to be some real concern and some real scrambling. it's only now that it's gone down the memory hole because no one wants to talk about it. they just want to talk about donald trump. brian: it's all part of the story. the obama administration was alarmed about his lack of judgment but they were not approaching him because he was the vice president and sadly he was going through the death of his other son at the time. and they thought why is he doing this? this looks terrible. but, he went ahead and did it anyway. and act surprised when he found out his son got the job. even though we saw a picture

of his son golfing with his partner in the ukraine in the hamptons with a guy named joe biden. his dad. ainsley: he says they never talked about it. brian: right. never came up. ainsley: two guys on the burisma board and two guys playing golf and they never talk about it. brian: burisma never came up. no one talks about gas on the golf course. steve: probably not. so, anyway, the coverage kicks off today at 12:30 once again. and we are joined right now -- ainsley: on that knight note. awkward toss? steve: weirder than ever toss. jillian: i got nothing for that let's gets you to a fox news alert now this is a serious one. successor to iranian general qassem soleimani will suffer the same fate if americans are killed. a u.s. special representative for iran tells an international newspaper that president trump has made clear that any attack would, quote: be met with a decisive response. ishmael ghani is the new top general of iran's elite

military group. he took over after soleimani was killed in a u.s. airstrike. also breaking right now, this is a live look at the holocaust forum in jerusalem where vice president mike pence is expected to speak at any moment. later the vice president will head to the u.s. embassy in jerusalem to discuss iran with israeli prime minister benjamin netanyahu. well, there is an arrest warrant out for former nfl star antonio brown. he is accused of attacking a moving company employee who was delivering turn tour his home. police in florida say it happened after brown refused to pay the $4,000 bill. brown played just one game with the patriots this year. he is under investigation by the nfl after his former trainer accused him of sexual assault. dolly parton says she can do it all even with a full-time job. ♪ 9 to 5 ♪ for service and devotion ♪ you would think that i ♪ would deserve a grand promotion ♪

jillian: the country music legend adding viral trend setter to her resume. she posted this people online showing what her profile would look like on linked in, facebook, instagram and tinder. other celebrities now following suit ellen degeneres posting this picture and actress kristin chenoweth getting in on the fun. i have seen so much. >> tinder is a dating app. so funny. steve: dolly parton relevant. ainsley: she is so cute. brian: got a great controller coaster. steve: indeed dolly wood. tulsi gabbard hit hillary clinton with a 50-million-dollar lawsuit because she made those russian asset comments. congresswoman joins us for her first live interview since filing the suit coming up very shortly. brian: most unlikely celebrity feud ever. dr. oz vs. marky mark. >> who is your friend?

>> if you want to challenge me, i will come. i will come over eat a big steak and can you do your little 20 push ups. brian: dr. oz joins us thrive respond to marky mark. who was once a rapper. ♪ ♪ wow, that's... and now the progressive commercial halftime show, featuring smash mouth. ♪ hey now, you're an all star ♪ get your game on, go play thank you! goodnight! [ cheers and applause ] now enjoy the second half of the commercial! even renters can bundle and save! where did that come from? the kitchen. it was halftime. where did that come from? president trump arrives for a vo: briefing gon. by top military leaders. trump explodes. attacks the war heroes in the room as losers, and a bunch of dopes and babies.

many in the room have risked their lives for our country. soldiers, heroes, attacked by an erratic and out of control president. arrogance, ignorance, chaos. enough. america needs a steady leader who will honor those who served. mike: i'm mike bloomberg and i approve this message.

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oh no, here comes gthe neighbor probably to brag about how amazing his xfinity customer service is. i'm mike, i'm so busy. good thing xfinity has two-hour appointment windows. they have night and weekend appointments too.

he's here. bill? karolyn? nope! no, just a couple of rocks. download the my account app to manage your appointments making today's xfinity customer service simple, easy, awesome. i'll pass. steve: "the washington post" in an op-ed blasting president trump's defense in the senate impeachment trial saying it's, quote: designed to destroy guard rails on presidential power as you can see right there. the editorial board writing if republican senators go along with it, they will not only be excusing behavior that many of them believe to be improper, they will be

enabling further assaults by mr. trump on the foundations of american democracy. here with reaction former u.s. attorney for utah and former federal prosecutor, that is to say, brett tollman. bret, good morning to you. >> good morning, steve. steve: explain what the post is trying to say? >> first, it's disheartening to see the major newspaper carrying the talking points of one side of this debate going on in our country. regardless they do it and they do it all the time. the guardrails they are referring to are the -- those in our institution of government that are supposed to reign in power. and suggesting that the president somehow flouting those reigns or guardrails that keep his power in check by vigorously defending himself. by not wanting to hand to the democrats their theory of the case is not only is it unfortunate but offensive

to anybody who is watching this unfold. steve: you know, jerry nadler got called on the carpet along with the president's team as well at the conclusion of the first day of the proceedings because he essentially said, look, everybody out there, the senate is on trial. and you are part of the cover-up unless we haul witnesses in here isn't that over the line? >> look, every republican and the president himself should be asking for more nadler. we need more nadler. if you are watching what he is doing, and he is suggesting that they are not taking seriously their oath if think are not willing to let them go on a fishing expedition. now this late in the process. steve: right. exactly. you have tried cases in front of a jury before. >> i have. >> from what have you seen where the democrats appear to be repeating the same information over and over at least that is how 2 stands to me and i know the story backwards and forward. are they losing the argument

to democrats? >> this is the first way you can tell this is very different than a courtroom trial. you look at what they are referring. to say and they almost gravitate toward things that have not been in the record yet or have not been conclusive, you know. issues that they know that will inflame what they think are american voters. and that's their real audience, it seems. but they have lost. i have, you know, colleagues and friends in the senate that have said we expected that we would hear a litany of concerning evidence. everyone stead, what we hear is, you know, an abbott and costello presentation meant to try to entertain someone elseelseother than the senators. > steve: rand paul was doing a cross word. mitch mcconnell dozed off for a little while. ted cruz was drinking milk and tom cotton had milk with chocolate in it. so, you know, that's how they are passing the time

away. >> very little to entertain them right now. steve: what do you make of joe biden saying nope, i'm not going to be hauled into this because it's a constitutional issue? >> very discouraging. if you are realfully a fact-finding mentality with this impeachment. because, let's face it. if the president was concerned about corruption. one of the first witnesses we should be hearing from is hunter biden. what was that relationship? is there some validity to the president wanting to dig into that issue? and if there is, then you have to construe the actions that occurred in a whole different light. steve: indeed. exit question. will there be witnesses called? >> you know, it's hard to say. i think having lost all of these and pushed it to the limit, the amendments by schumer. i think there is going to be a fatigue factor that sets. in i have seen it before in the senate. so a week or two of this sort of mind numbing

discussion and powerpoint presentation is going to probably hurt their cause if the democrats think they are going to get witnesses. steve: all right. stay tuned for that brett tollman, thank you for joining us with your expertise? >> thank you. steve: 7:24 exactly right now. in a massive quarantine underway in the country of china as that deadly coronavirus is spreading there how worried should would he be about an outbreak here? dr. oz on the case next. art bed.

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brian: time now for news by the numbers. first 40%. that's how much americans would need to borrow money for for unexpected expense. a bank rate survey shows many would have to take out loans, use credit cards or reduce their spending to afford a $1,000 bill. next, 10%. that's how many union minutes fell among salaried workers last year. the labor statistics bureau says an all-time low of one in ten american workers were represented by a union. i take my hard hat off for that and finally $4 million. that's the value of the drugs found in a car during a traffic stop in utah that includes 6 gallons of liquid methamphetamine -- are you

on methamphetamine? >> that was a doctor that just corrected me. ainsley: just say meth. brian: meth. 13 pounds of cocaine and 200 pounds of thc infused candy. steve: all right. ainsley: good job, brian. steve: this is a big story. china has issued a massive quarantine order for the city of wuhan the epicenter of the deadly kro crob coronavis outbreak. ainsley: killed one man here in washington state. going to meet today to decide if they are going to declare a global health emergency. brian: joining us to discuss what we know because it's a secretive society. the host of the dr. oz show. dr. oz. do you know what they did? they cordoned off the whole city bigger than new york no one can leave and wear a of course that. is that the right approach? >> i don't think it's going to work long term. the government is struggling with the baggage from 2002 sars. which is also a coronavirus. common cold is a

coronavirus. like the sun little coronas coming off. in 2002, they reacted slowly weren't transparent in what happened. really hammering it. done things that local health officials are upset by. they cleansed the market where we think this all started. which means there is no clues. take the scene of the murder where patient zero and you wiped it out so now you can't find. bamboo rats, horseshoe bats actually selling in markets and exotic animals and their meats were being consumed by the local folk. and that's probably how the virus got into humans. we want to know that because support of the issue here is will more of these type of outbreaks happen. at the same time, we will figure out what's going on with this problem. steve: and with sars, which is one of the coronavirus which you were talking about, the transmission was from animal to person. and now apparently it's human to human and that's one of the problems. the problem is when you look at the symptoms, they look like the flu. and it's the cold and flu

season. it's, you know a fever, a sore throat a runny nose, a cough, a headache. is this why i'm seeing more people at the airports wearing those paper masks when they are traveling. >> they are wearing those masks. not a bad idea. it looks a little awkward. a fashion scene. it is something you might consider. i have got to say, some of the folks who actually died didn't even have fevers. so, not everyone gets a fever. which means those screening technology being used at airports where they are trying to figure out. plus it takes maybe a week for the symptoms to arise after you are infected. on the plane and person next to you has a virus and they get pulled in to quarantine you will still be walking through there. that man who landed in washington state, who is thankfully doing okay, from what i understand, the people around him on the plane may still be incubating the virus and spreading it. it's very hard to wall this in once it starts. ainsley: so you are in a fight on instagram with marky mark. mark wall berg. steve: good luck. ainsley: you say you don't have to eat breakfast.

watch what he posted. >> dr. oz, what's up, buddy. listen, we have beef now. i plan to take my vitamins. you got to have ad food. food is your friend. if you want to challenge me, i will will come over eat a big steak and you can do your 20 pushups on one leg. i will tell you will need a defibrillator when i'm done with you. >> he looks like a greyhound in one of his taunting video posts. he shows his 12 pack it. works for him. for the moralities that actually have to get up in the morning and can't work out a lot. ainsley: the moralities? >> we launched our biggest new year's program ever came on the show and talked about it with you. the big argument was intermittent fasting has been demonstrated over and over again best thing to do to stay healthy. helps to you focus better. answer is not get up and have a platter of food in front of them. go and hunt a bore. kill a bore.

have endure rance to exercise without having eaten. the real key is when you get up in the morning, don't force yourself to have breakfast. there is no medical data that supports having to have breakfast to be healthy. eat when you are hungry. if you work out before you eat you burn off fat not the food in your stomach. ainsley: how are you going to respond? steve: he did. he sent out a video doing one-legged pushups. >> he started talking about the defibrillator. >> look at you. >> i got a defibrillator out in the waiting area. taking the patient to the or. showing my patient how to use defibrillator. paddle himself when he goes down. here's the deal. this the is kind of feud that can only be settled in a gym. but the deal is i'm going to go with an empty stomach. he will have to have a beer and burgner his belly. ainsley: do what's best for you. you know your body. he can't take vitamins unless he eats something.

>> tom steyer is coming on the show tomorrow. we will workma work. they shouldn't be. will be fine. a bigger long-term problem with viruses from animals getting into our species. brian: tom steyer's lifetime goal to get bernie sanders to shake his hand. >> he got close. >> we all get close. steve: thanks, dr. oz. see you at the super bowl. >> good. brian: can you officially lock this up? a comment that could cost hillary clinton big time. >> she is a favorite of the russians. she is also a russian asset. she is a russian asset. brian: david plouffe, nice to go along with it. tulsi gabbard hitting her with a 50-million-dollar lawsuit over those remarks. she joins us for her firestone live interview since filing that suit next ♪ ♪ a lot of healthy foods are very acidic

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there's so much to take advantage of- -with unitedhealthcare medicare advantage plans- >> i think they have their eye on somebody who is currently in the democratic primary. they are grooming her to be the third party candidate. she is a favorite of the russians. they have a bunch of sites and bots and other ways of supporting her so far. and that's assuming jill stein will give it up, which she might not, because she is also a russian asset. yeah. >> she's a russian asset, i mean, totally. brian: that was the comment that sparked so much controversy and it really hit home with tulsi gabbard. her name was brought up. let's bring in tulsi gabbard the congresswoman from hawaii and democratic presidential candidate. congresswoman, it's always great to see you. i know you are working hard on the campaign. >> good morning. steve: good morning. brian: this is something that happened months ago. why is now the time to act?

>> look. i love my country. after the attacks on 9/11, like so many americans, i made the decision to enlist in the army national guard, to put my life on the line to protect the safety, security and freedom of our country. i have done so now for almost 17 years that i have been serving in uniform. deployed twice to the middle east and also serve as a member of congress now for seven, going on eight years. having served on the armed services, foreign affairs, homeland security committees. i have dedicated my entire adult life to serving our country. and for hillary clinton and her powerful allies to attempt to smear me and accuse me, really implying that i'm a traitor to the country that i love is something that i cannot allow to go unchecked. i'm filing this lawsuit because i will not allow her or anyone to try to intimidate me or other patriotic americans into

silence. steve: a couple of questions. i don't think she used your name directly. i know she did refer to jill stein as a russian asset. how were you damaged $50 million worth and how are you going to prove actual malice? >> look, i will let the lawyers argue the details of that. all of the details are in the lawsuit. once again this is a clear attempt to try to intimidate and silence those like me who are speaking out. who are being critical of the policies that she has had, the legacy of war mongering and taking our country into unnecessary, stupid, wasteful regime change wars. unnecessarily sending my brothers and sisters into harm's way. my brothers and sisters in uniform. speaking out against this foreign policy establishment is something that she clearly doesn't like, which

is why she is attempting to do all she can to try to smear my reputation and undermine my campaign. ainsley: what do you say to the critics that she is 8th, 9th in the polls, depending on the poll you look at, she is doing this to stay relevant? >> i'm an american. i love my country. i will not allow this kind of blatant smear tactics to go unchecked. that's what this is about. steve: but how has she damaged you $50 million? >> again, you can look at the details in the lawsuit. the i will let the lawyers argue that. steve: have you lost $50 million worth of campaign contributions? >> this is really what is at the heart of what we're talking about here is an attempt to suppress freedom of speech, the freedom of americans like mysel myself who are calling out and being very honest about the damage that policies that hillary clinton and others have

wielded in positions of power. in this country. for her to be able to use her position to essentially imply that i am a traitor to the nation that i love cannot go unchecked. because if she can do it to me, and if her powerful allies can do it to me, they can do to to anyone. ainsley: you want to hold her accountable. why do you think she did this in the first place? did y'all have a history? >> again, you can look at the record of what happened after i announced that i would resign from the dnc and i endorsed bernie sanders back in 2016. steve: that's probably it. >> you can look at the long history that i have had throughout my seven years in congress in speaking out and calling for an end to regime change wars and end to these wasteful, stupid wars. speaking out strongly, an end to this new cold war nuclear arms race and really speaking to the kind of leadership that i will bring as president to redirect our

taxpayer dollars towards actually serving the needs of our people here at home. brian: right. so she take as shot at you. you are suing her. meanwhile looming straight ahead is iowa. tulsi, what do you need in iowa to keep your campaign going at least to new hampshire? what's the percentage? what's the vote total? >> i'm here in new hampshire now. we are focusing -- i will be here in new hampshire pretty much throughout the next few weeks as we head to the new hampshire. brian: have you given up iowa? >> we are looking forward to a good outcome here. brian: in new hampshire. kind of giving up on iowa. in new hampshire your average is 4.5%. you are about 8th on the chart. what do you need to survive? if you are going to bypass basically iowa and go to new hampshire, what do you need out of new hampshire to keep momentum going? >> >> again, we will see what happens on election day. i'm really enjoying and appreciating the opportunity to spend this time with new

hampshire voters. polls are showing all different numbers. i'm really focused on the voters here in ne who new hampse who have a very important decision ahead of them. steve: as you go out and canvas voters about the next presidential election. given washington is all about impeachment, how often, tulsi gabbard, does somebody say hey, i care about it or are they more interested in bread and butter issues? >> very rarely does the issue of impeachment come up. the issues that are coming up here in new hampshire, especially are issues like the opioid crisis that is still devastating so many families, that is costing families in communities so much. issues come up related to education. issues come up related to our country's national security and the sacrifices being made by our men and women in uniform. healthcare, immigration, the economy. there are so many different issues that come up on a daily basis through the town halls that we are having here. these are the kinds of

discussions that i think are really important that we should be having. brian: do you resent tom steyer, mike bloomberg spending their way to success in a lot of these areas? bloomberg is now fourth in a lot of polls, nationally. tom steyer is a factor in nevada and south carolina? how do you feel about them using their own resources and kind of making themselves relevant? >> i'm focusing on my campaign and the people-powered campaign we have. i take no money from pacs or lobbyists or corporations. and it is an incredible and aspiring thing to see how many people are rising up to the occasion to invest in our future because this is really not about me. it's about the future of our country and americans from across party lines, from across background and walks of life, coming together to stand up, working side by side, to issue everywhere in that bright, new future with peace and opportunity and freedom for every single american. ainsley: all right, tulsi, thank you so much. we wish you the best. thank you for serving our

country. >> thank you. ainsley: you are welcome. brian: i always wish you the best with the news- jillian: sorry if you heard a loud bang my bracelet went off and went flying. i already lost one. more important news to get to. president trump will become the first u.s. president to attend the annual march for life. earlier senate candidate he lisa martinez told us he should be celebrated for his pro-life stance. >> president trump is the most pro-life president that we have ever had and, you know, he has done a tremendous job in exposing the far left extremism on this issue and their party of abortion up to birth and infanticide policies. so he enjoys the full support of the pro-life community. i believe that's why we are going to see a tremendous turnout tomorrow. jillian: more than 100,000 activists are expected at tomorrow's march in d.c. a man says he was attacked by a group of homeless people after a hard turn on the way home from work.

mac zimmer said his truck skidded near a camp in oakland, california, when he got out to see the damage, zimmer says at least 10 people walked over, begging for money. then they started beating him. some of them armed with two by fours. >> i started of getting beat on and that's when i kind of -- i was in the fetal position for probably 30, 40 seconds. there was definite lay moment where i was scared for my life. >> his truck windows were shattered. zimmer will be okay. several emotional service animals could soon be banned from taking flight. the department of transportation is proposing new rules due to passengers faking that their pets are actual service animals to get them on to planes. support animals that could get nixed include cats, mini horses, peacocks, pigs, and ducks. officials say pets will still be able to fly but only under their preferred airline's pet program. so you can't take your miniature horse.

steve: or duck. >> or peacock. ainsley: possibly on the plane. brian: way overdue, it was getting out of control. dr. do little was on my plane the other day. ainsley: 7: 48 on the east coast. can publicly funded scholarships be used at private religious schools? the supreme court is actually hearing this potential landmark case. we will talk to the lead plaintiff fighting to put an end to religious bias coming up next. most? ♪ ♪ at walgreens, we understand the speed of life never slows down. that's why we're helping you get the care and attention you deserve even faster. that's our promise. now, you can skip the line with walgreens express, get in and out quickly with 24-hour locations, or have your prescriptions delivered whenever you need us, we're always just minutes away. walgreens.

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♪ ainsley: the supreme court hearing arguments in what could be a landmark case for education. three moms are suing montana's department of revenue over its refusal to allow publicly funded school vouchers to pay for tuition at private religious schools. the lead plaintiff in the case kendra espinosa and her attorney erika smith from the justice join us now. hey, ladies, thank you for joining us. >> thank you for having us. ainsley: kendra, thank you for fighting for this. tell me your story. >> i'm a beginning gel mom. i have two girls. this is the fifth year that my girls have been at a private christian school. i have been working full time and then oftentimes

working second and third jobs just to keep them there at that school. we have had some rough patches along the way, but it's truly been a blessing having them at that school. ainsley: so then did you get scholarship money from the state and you wanted to pay your private religious institution using that and the state said no? >> >> correct. ainsley: erica, how did you get involved? >> so, i work at nonprofit called the institute for justice and we have been fighting for school choice programs for 30 years. and when we heard what was happening in montana, we immediately jumped in to, you know, save the program and also to ensure that this doesn't happen in other states because this has been a problem across the country. ainsley: kendra, did you have to pull your girls out of the school because you couldn't afford it? >> no. >> i have not come to that point yet but it could come to that if i don't continue to receive funding. ainsley: erica, how did things go yesterday? >> we feel very good about

how things went yesterday. we're feeling -- i hate to speculated but we feel very optimistic that we have five votes for the idea that the government has to treat religion equally. the government can't be hostile toward religion. they have to treat religion just like they treat nonreligious schools. and but the bigger point is that this case is about religious freedom. it's more than that it's about every parent's ability to pick the best school. ainsley: to make a choice for their own children not the state. >> exactly. ainsley: this is part of their brief to the supreme court. montana has no aid clause in its constitution which simply says that montana will not financially aid religious schools. overwhelming evidence from the adoption of this provision shows it is rooted not in bigotry but in the principled view that barring aid to religious schools would promote, not hinder religious freedom. it's no longer in existence because of this.

was that a wise choice? doesn't that hurt the public and private school they are not getting as much funding now? >> it was a terrible thing that happened. what happened is the montana supreme court said because this program included religious schools and families attending those religious schools, we are going to shut down the entire program. that's the only way to ensure that not a single dime goes to a family attending a religious school. that's a terrible outcome for everybody. ainsley: kendra doesn't have money to send her kids to school. >> none of the families have money. ainsley: i know. hopefully we will get to the bottom of this. thank you so much, ladies, we wish you all the best with this case. breaking overnight, three american firefighters killed battling australian wildfires and we're live with an update. we made usaa insurance for members like kate.

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ainsley: we start this hour with fox news alert, tragedy striking in australia overnight. steve: 3 american firefighters are dead after their plane much like the one crashed in area of mountains. brian: former "fox & friends" weekend cohost ana joins us from the south wales operation center, ana. >> just terrible, terrible breaking news to report to you, ainsley, brian and steve, 3 american firefighters riskled

their lives killed in plane crash. the airplane is c130 and carrying flame retardant, full load when it crashed over the snowy mountains, we are told that the premier of the state in new south whales plans to fly flags flag staff, they haven't found any of the bodies. >> today is a horrible reminder of the dangerous conditions that our volunteers, our emergency personnel undertake on a daily basis. >> the crew on board were well known, our hearts are with all those suffers what is the loss of 3, remarble, well-expected crew. >> had the capacity of dropping 4,000 gallons of fire retardant

in a single pass. the company based in oregon reads in part, aviation will send team to assist in operations, our thoughts and prayers are with families of crew members on board. fewer tankers will be available to assist in battling the wild fires, we are awaiting the release of identities of the american firefighters while their families are being notified, be without a doubt as you see in social media video as some of the firefighters being welcomed here in sidney, just australians are so thankful to have these americans here for support and the nisc there in the u.s. says that u.s. forest service and also the department of interior has spent more -- st more than 200 firefighters,

ainsley, brian and, steve, again, the breaking news here from sidney, 3 american firefighters on board on american aircraft has crashed and all 3 firefighters have lost their lives bringing the total to 8 firefighters, 5 australian and 3 american and death toll of 31, just awful. ainsley: this was arson, right, ana? >> ainsley, for the most part the fires are caused by natural causes, lighting, terrible drought for 3 years here in australia, record high temperatures, strong winds, the rural fire service says that arson is a accounted for a fraction, 1 to 2% at the absolute most, back to you. steve: they've been going on since september. brian: 26 arson arrests.

steve: 8:03. ainsley: turning to washington to impeachment trial, congressman kicking off with 2 and a half hour statement. steve: democrats have a lot more time left on 24-hour clock. brian: griff jenkins on capitol hill with the marathon arguments will start in just a few hours, griff. griff: that's right, brian, ainsley and steve, adam schiff making the case. >> they knew what it was like to live right under despite and a man who believed that the constitution gave him right to do anything he wanted, for a man to believe that he was above the law and beholding to no one, for a man in short who would be a king. >> now, look for house managers today to dive into the constitution in the laws as it applies in the facts that they

layed out. >> adam schiff's speech is one the most compelling that i have heard. i think that a good number of my republican colleagues for the first time heard the entire arguments powerfully, sub -- succinctly and completely and i'm hopeful that can begin to change minds. >> that's the job of the managers to change minds not only the senators but also the american people, the white house president's team robert wray weighing in on that. >> every american knows about fairness and that's where it comes from, it comes from center bill of rights and the fact of the matter is that the president doesn't have to do anything. >> so the house manager start again at 1:00 o'clock today, they'll go today and do the same thing tomorrow, on saturday we will see the white house defense team for the first time do their

3 days with sunday being a day off, then senators will possibly get 16 hours of questions and possibility that witnesses could be called but no news on that front as of yet, brian, ainsley and steve. brian: i don't know how you do it but you will have to do it for 16 hours, i don't think republicans will take all 24 hours, we will let you go and take the screen for ourselves. steve: good bye, griff. if the republicans are smart they are watching the democrats who are repeating the same arguments over and over. ainsley: they'll continue to do it tomorrow and friday. steve: that's right, the republicans are realizing, hey, the democrats are losing their audience, let's just make it to the point, short and to the point, we had bret, you know him, former u.s. attorney for utah and he's been watching what's going on and he said the case that adam schiff has made and others brings out the case, you know what, we probably should hear from the bidens but at the same time what he has

seen so far reminds him that the repetition of old-time movie rerun. >> i have, you know, colleagues and friends in the senate who have said, you know, we expected that we would hear litany of concerning evidence instead what we hear is, you know, presentation meant to try to entertain someone else other than the senators. >> if the president was concerned about corruption, one to have first witnesses we should be hearing from is hunter biden, what was the relationship, is there some validity to the president wanting to dig into that issue and if there is, then you have to construe the actions that occurred in a whole different light. >> evidently they were pretty board, they kept getting up and walking around and passed notes like grade schoolers and the arguments were tedious and certain senators were actually falling asleep.

ainsley: they were able to drink milk. milk and water, the only two drinks that are allowed. >> they say milk is good for you. >> i did research on whole milk question and apparently back in the day because only generally allow water on the senate floor for a variety of reasons, probably related to the carpet, they said, you know, you can drink water or milk. listen, adam schiff in the meantime, the headline in "the new york times" right now is democrats assert trump was trying to cheat in the 2020 bid, forget about the last election that the president stole, he might steal the next one. here is adam schiff. >> the house did not take this extraordinarily, extraordinary step lightly, as we will discuss impeachment exist for cases in which the conduct of the president rises beyond mere policies disputes to be decided otherwise and without urgency at

the ballot box. instead we are here today to consider a much more grave matter and that's an attempt to use the powers of the presidency to cheat in an election for precisely this reason. the president's misconduct cannot be decided at the ballot box, we cannot be assured that the vote will be fairly won. brian: desperate situation. steve: he's worried about the 2020 vote, he says the president will break a law in the future so we have to throw him out now. ainsley: it's remarkable, they have found the criminal, they are trying to find the crime even though they are saying they don't know what the crime is going to be but he's definitely a criminal. steve: he stole the last one. ainsley: it was collusion, it was obstruction and then racism and now it's ukraine and the phone call that everyone heard and everyone had their own opinion about it, they are so mad that he won the first

election, they don't want him to be in the ballot for the second one, they don't have the votes. brian: right, if they toss him out of office he couldn't possibly run again but if they impeach him, you need two-thirds. doug collins, we heard the whole argument before, we just did it all at once in 2 and a half hours, this on what he said to laura. >> adam schiff and jerry nadler in particular went on an entire tirade last night, they want to say that if they don't do something now, the election is rigged, everybody needs to be aware of that number 2, if the senate doesn't do what they want them to do then the senate is corrupt. they know that they can't win on the facts so they are trying to do everything they can to undermine a president who has done everything that he said he would do which is unique in politics. >> to undermine the president ultimately while adam schiff may say we are worried about him stealing the next election, ultimately they are trying to appeal through the tv show that

they are producing through full screens and sound bites, they are trying to impact the people that will vote, hey, listen, do you think donald trump is a good guy, look at what he did. brian: benjamin franklin, george washington, all came up. sudden urgency and their heart goes out to ukrainian people doing the best they can to fight horrible russians, when the invasion took place, you did nothing, when they were wondering whether the country would be steam rolled we sent them blankets and mre's after getting aid, second wave of aid was delayed to the point where it was so bad that the president didn't even know it was delayed of ukraine and now we painted desperate situation where ukrainians desperate for arms only to find donald trump ignoring them, that's just not the case. >> speaking of russians, you know, it was during the podcast

that hillary clinton brought up jill stein's name, said she was a russian asset and implied that tulsi gabbard was too and tulsi gabbard sued her for $50 million, hear the sound bites that caused the lawsuit. >> i think they've got their eye on somebody who is currently in the democratic primary and grooming her to be the third-party candidate. she's a favorite of the russians, they have a bunch of sites and bots and other ways of supporting her so far and that's assuming jill stein will give it up this she might not because she's a russian asset, she's a russian asset, totally. steve: why hasn't jill stein sued yet? >> ainsley: republicans are grouping tulsi, russian-presidential candidate to help trump win. tulsi didn't like that because

-- >> i'm filing this lawsuit because i will not allow her or anyone to try to intimidate me or patriotic americans to silence. i have dedicated my entire adult life to serving our country and for hillary clinton and powerful allies to attempt to smear me and accuse me really implying that i'm a trader to the country that i love is something that i cannot allow to go unchecked. steve: okay, so tulsi is suing hillary and tulsi back in the news, ten days, less than 2 weeks -- ainsley: critics are saying that's why she's doing it. brian: she's going to give up on iowa, last hope seems to be new hampshire. steve: she gave up on iowa when

she stopped campaigning there. ainsley: jillian has more headlines. jillian: passenger is dead after jumping from the tenth story deck overnight, u.s. coast guard says surveillance video shows the florida man falling 177 feet in the water while the ship docked in puerto rico, divers recovered his body, the unidentified pager was on the royal caribbean ship oasis of the seas. the woman encouraged boyfriend to commit suicide through text messages, getting early for good behavior at correction's facility, served less than 10 months, carter convicted of involuntary manslaughter. the murder trial centered around iowa college student is postponed, christian rivera caused with killing molly tibbets, rivera is illegal immigrant from méxico and

lawyers claim that constitutional rights were violated, iowa supreme court will have a chance to review the claim, rivera's legal team was tricked into a confession and his miranda rights were violated during his arrest. a north carolina animal shelter hopes a catty ad will get this sea lion adopted, the world's worst cat, at first the vet thought the cat was sick but then realized it was just her personality. dislikes kittens, children and dogs, free to adopt but so far no one wants her. >> i had -- i had a cat back in the day. ainsley: you don't have a cat anymore, you should adopt this one. brian: you're hiring cats. steve: we are past our pet stage. brian: we will work on this. as impeachment trials in full

swing, attorney generals, they are taking action. we will speak to those ag next. hey, saved you a seat.

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brian: as house impeachment draw battle lines in senate trial, 21 state attorneys general are speaking out against a proceeding in 14-page letter to senate lawmakers warning, quote, this impeachment proceeding threatens all future elections and historical precedent, weapon newses the process that should only be initiated in rare circumstances and never for partisan purposes. pure partisan vote, joining us right now four of state

attorneys general, curtis hill of indiana, leslie of arkansas, leslie, first off for you, what made you jump into this, what made you think this is cheapening the process, the democrats are doing their solemn duty? >> that's right, it's important for the chief legal officers of the 21 states for all of us to be engaged and send a message to senate that this is a flawed argument that the house has sent over and the impeachment articles and that is why my colleagues and i gave this letter to the united states senate so they would have information based on legal opinions that this is, again, a dangerous precedent to set, it's tearing threads of our democracy brian: why isn't it a good move according to adam schiff in short speech said that the president was using, using his office to get advantage in 2020 election? >> i mean, basically with --

what the house democrats have turned senate kangaroo court. in any other court of law around this country these articles could not be had, you could not take this case in front of any judge and convict anyone based upon evidence that the house democrats have presented to the senate. brian: right, we keep seeing the same case over again, alan wilson, you saw the sincerity, 72% of the country want to see the trial go forward but they also want to see witnesses? >> first off i will say this to democrats cheering for impeachment and witnesses, you are creating a very dangerous precedent that i promise will come back to haunt you, this is a precedent that will basically for future congress here and ever more.

as a prosecutor i never went to trial without full investigation, the democrats had an opportunity to interview all of the witnesses, the president invoked executive privilege which nowhere in articles of impeachment they mention and omit that completely and if they thought the president violated the law, they could have taken him to court and sued him, they we wanted to rush him to get him in the senate and then go to witch hunt at that point. brian: curtis, tell me if you agree, as soon as the opposition party of the house gets control of the house, they will go up to impeach or pay back or cheapen the process, that'll be the result, do you fear the same thing? >> that's absolutely the problem, we are seeing unruly precedent that tries to affect the outcome of an election, from day one this was democrats being upset about the president's victory and this has been an impeachment march where the engine has been gassed up and vehicle has been searched for to

fill in the gap, the problem is, difficult to find the crime and so they continue to use these theories like corrupt motive suggesting that the president can do things legitimately legally but if he has a corrupt motive as determined by congress, well, then we can go after them from an impeachment standpoint. >> we saw the arsenal, we saw the case, it was the same case they had in the house, they are putting it with 5 people instead of 50. it's going to be a long tedious process for at least the next week, but you guys are not standing for it, you are signing your name saying it should not stand, thanks to everyone, all the guys and leslie, appreciate it. >> thank you. our next guest spends his career serving the country in the navy and now wants to serve the american people in congress. >> the process itself taught me what true sacrifice really is, it's all about serving the mission. i think being a congressman is the same thing.

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♪ ♪ ♪ ainsley: our next guest spent his career serving our country as navy seal and now he wants to serve the american people in

congress. >> the process itself taught me what true sacrifice really is, it's all about serving the mission. it's all about representing something that's greater than yourself, so with that, you become the ultimate servant. i think being a congressman is the same thing. steve: retired navy seal floyd running as a republican in texas house seat hope to -- hoping tom a seat that democrats took in 2016. >> good morning, there's no hope to it, we will win district 32 and make red again. steve: you are watching what's going on in dc, now the senate, why do you want to get tangled up in that? [laughter] >> i think someone with my particular background, 2 years

in the navy, 15 years as navy seal, having served my country i want to continue to do so, just the difficulty and the sacrifice that i've made, if someone like myself doesn't step up to go to congress and help out and lack of leadership as i worked out as a military fellow, military legislative fellow and also too we need to increase the representation of military veterans to help with passing legislation. steve: right now it's only 20%, right? >> yes, sir, it's only about 21%. you look back in 1970's, we had 70% of veterans represented in congress. ainsley: yeah. steve: now it's 21. ainsley: dallas used to be red and then it was blue, you are trying to unseat democrat colin alred, what's your message, what's your platform if folks in that area are watching? >> well, my platform for district 32 is the power is in the people, it's in the vote,

it's understanding that it's grassroots effort, but also too, it's a relationship that needs to be rebuilt with myself as the leader and then as, you know, to communicate and -- and work on the issues that are best for district 32 because right now, you know, my fellow constituents, they don't have that, they don't have a representative to communicate with them, they don't have a representative to listen to their voice and they don't have a representative that they have faith in that will go to washington, d.c. and based off of u.s. constitution and -- and faith in god, the foundation that america is built on, to fight for that, and this is what i'm bringing to the table for district 32 because they haven't had it in a long time and we need that more representation like that in congress. steve: all right, thank you very much for your service and talking about true sacrifice, it is so important. ainsley: it is. steve: floyd, thank you.

ainsley: we love dallas, smu, his daughter work, highland park village, great place to shop, good people. >> absolutely, absolutely. ainsley: thank you. >> thank you for having me, god bless. ainsley: god bless you, many in media handing out reviews for adam schiff's impeachment opening statement. >> adam schiff, great performances. >> rising to the level of senatorial eloquence. >> i thought it was dazzling. i have a feeling that jason chaffetz would not use that -- [laughter] david: "life is complicated.

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>> democrats prosecuting the president. >> what you're seeing from the house managers is a remarkably disciplined laying out of the circumstances, narrative. >> adam schiff, i think, it'll go down as one of the greatest performances. >> rising to the level of senatorial eloquence if there's such a thing. >> powerful and forceful speech. >> i thought it was dozen, the way he wove through both the facts to have case and the

historical context was really remarkable. steve: as soon as he said dazzling this man started laughing, jason chaffetz, former republican congressman, former chair of house oversight committee. brian: lost a lot of jobs. steve: "fox & friends" in the weekend. >> that was fun. steve: was it dazzling? >> i had to live 8 and a half years with jerry nadler and adam schiff, look, jerry nadler in particular lost me about sentence 2 or 3 when he started that the facts are undisputed, are you kidding me? is there anything credible that he says after that to say that the facts are undisputed, i don't think it's effective at all. brian: they lost it, lindsey

graham went crazy. >> i think the democrats have only two goals, day one was not winning over the jr., it was about establishing in their mind a narrative that they can go out and say, look, the senate process was totally unfair, we would have won but it was totally unfair, day 2 was about saying, hey, the president is going to cheat, he's going cheat and try to undermine the 2020 election. it had nothing to do with actually proving the facts, there was no new evidence and i don't think anything that was offered. ainsley: adam schiff, he talked for a long time, 2 and a half hours but he went on and on -- exactly, he said basically we've got to stop this president before the election in 2020, his misconduct has been so bad we've got to stop it, they tried to stop it in the beginning, impeach, impeach, we heard dan bongino, when a crime was

committed, you find the criminal. in this case they found a criminal, now they are trying to find a crime. >> al green, the congressman from texas said repeatedly, they believe they need to impeach this person because he might win another election. that's the only thing that this is about. steve: of course, the election is coming up in november, joe biden would like to be president, he's got a really good point that you have not heard yet regarding joe biden testifying, first let's go out to iowa, here is joe, is he going to show as a witness? no. >> the reason why i would not make the deal the bottom line is is i -- this is a constitute -- constitutional issue and we will not turn it into a farce, a political theater, they are turning it in a political theater, i don't want no part of being part of that. steve: joe says he won't go but at the same time you have an

interesting, he was vice president during the obama administration. >> this is why i don't believe they'll be any witnesses because when a president leaves office he does not leave behind executive privilege, in joe biden's case they will claim executive privilege and hunter biden, he would simply plea the fifth. in the case of bolton or mick mulvaney, the president has a very legitimate case of executive privilege, it doesn't mean you're hiding something, you get to invoke the privilege. steve: john roberts know better than anyone that there's historical precedent for just that. >> look, the democrats' goal is to talk to their voters and try to sully up and bloody up the president and try to make that the republicans are covering things up and to put those vulnerable senate republicans in a place where they have to take tough votes. ainsley: four republicans flip and they decide to vote for witnesses because the witnesses are not going to talk anyway.

>> i don't think so, if they get to that moment of drama, they'll be a showdown at nigh noon, i wish it was sooner rather than later, i don't think anyone will actually end up testifying. brian: we will see, they will vote as early as next week, guess who is probably praying for no witnesses, klobuchar, warren and sanders, they are losing iowa while biden and mayor pete making the most of this moment, i'm getting reports right now jason chaffetz, dazzling. dazzling. [laughter] ainsley: so dazzling we will keep it. >> i appreciate it. [laughter] ainsley: you can watch him in outnumbered at noon. >> thank you, thank you. ainsley: thank you. steve: let's go on over to jillian who joins us with fox news alert. jillian: the world health organization can declare the deadly corona virus a global health emergency, the mysterious virus has killed 17 people and

sickened more than 570 in 8 countries, earlier dr. oz shared tips on how to protect yourself. >> wearing the masks is not a bad idea, looks a little awkward as fashion scene but something that you might consider, i have to say some of the folks who actually died didn't even have fevers. jillian: china shutting down 3 cities, here in the u.s. one person in washington state is infected. caught on camera driving over a man in middle of a crosswalk, watch this, you can see the pickup truck hit the man in the street, he rolls over the hood of the truck and falls to the ground with a gun as the truck drives away, the driver turned himself in and told police he was afraid to stop, the victim had a permit to carry, he was not seriously hurt. thank goodness. fedex is warning its customers do not fall for this scam, people are reporting fake

package notifications sent as emails or text messages, it asks the recipient to set delivery preferences but fedex says do not click on the link, leads to fake site asking for personal information. if you get a message like this, fedex says to delete it, notify them. so we all know the classic rock song from ac/dc. ♪ ♪ jillian: okay, well, now brand-new cover by a baby is taking the internet by storm, check it out. ♪ [laughter] jillian: the baby's dad recorded different sounds over a full year, pieced them all together to match the song. amazing. i feel like i know someone who would love that so much,

ms. janice dean. steve: absolutely. ainsley: she was a dj. janice: little known fact, i used to do that kind of thing, not baby sounds. >> spin records. janice: that's right, very cute by the way. thunder struck. we are warming up relatively speaking, that's good news, right, 35 here in new york, the windchill doesn't make it feel crazy cold like it did over the last couple of days. you saw those pictures of the iguanas incredible in south florida where the coldest it's been in ten years, the next system moving across the ohio, mississippi, tennessee river valley, as it moves towards the east coast, temperature wills warm up to mainly going to be a rain event so that's good news if you don't like the winter, we are not going to get it here across the east coast for the weekend, we do see accumulating snow over the midwest and great lakes, there's your forecast today, watching the system

pushing east ward and new system moving into the west coast. steve: all right, a couple of days from you starting your super bowl forecast because we are all going to be there. janice: in miami, ainsley sent me a picture today, a lot of people were sending pictures of the iguanas from the trees. ainsley: i got more text messages from friends down in florida sending me pictures of iguanas and talking about it than -- not impeachment. brian: the good news is they are still alive and need to get air dryer and blow them pup. >> they go into a coma. no iguanas falling today. 46 minutes after the top of the hour. steve: fist let's check in with

ed henry who made an appearance with dr. oz. >> so glad to see brian kilmeade back, i was worried that pete hegseth had not only impeached him but removed him. senator tom cotton, one of the republicans saying he's seeing nothing new, he joins us as congressman mark meadows, we will get a democratic view from senator bob casey, but first casey is joining sandra and me next hour, join us.

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♪ ♪ ♪ ainsley: landmark school choice case now in supreme court, a few montana moms are suing to use publicly-funded scholarships for public religious schools, earlier we spoke to one of those moms and her attorney. >> i have been working full time and often times working second and third jobs just to keep them there at the school, this case is about religious freedom but it's more than that, it's about every parent's ability to pick the best school for their child, the government can't be hostile toward religion, they have to treat religion just like they treat nonreligious schools. ainsley: constitutional law

expert cooper is the cochair of the project 21 black leadership network and he joins us now, good morning. >> good morning, thank you. ainsley: you say are bigoted, first off, why do you think they are bigoted? >> well, united states senator, former speaker of the house of representatives, even a u.s. secretary of state, mr. blane introduced the concept into the federal constitution in the latter part of the 19th century and his plan was to bar what he said were schools and organizations from receiving any public support, but what he really meant was at the time catholic churches, that amendment failed in the congress of the united states, but some 38 states have separately inserted a similar provision. today those provisions operate

not just single out the catholic church but christian and religious organizations across the board. they act as an antichurch or faith-based operation in these constitutions and today we understand with the adoption of the 14th amendment such animus isn't allowed to stand. ainsley: how do you think the supreme court will rule on this? >> well, if you watched any of the hearings yesterday, what you saw was a significant number, at least 4 justices who spoke who appeared to be leaning toward giving relief to ms. espinoza and justice tomas has written that he thinks that there's been nothing but bigotry associated with these so-called blane amendment, at the end of the

day, the court to say you can't operate provision that specifically singles out churches and religious organizes for disfavored treatment. >> she's a single mom, has 2 little girls, she needs to scholarship to keep in private christian school and that's very important to her, if the state is going to give her money shouldn't a parent be able to choose where they can go? >> you can't do that, that's unlawful and then you can't then say, well, if women complain about it, we are just going stop giving construction money to anyone. it's unlawful behavior and i believe the supreme court is very, very likely to say to montana and the rest of the country, you can't disfavor

religious people just because of their faith. ainsley: that's right, thank you so much for being with us. keep up the fight. >> thank you. ainsley: you're welcome, we have for "fox & friends" just moments away. ♪ ♪ hey, saved you a seat. this round's on me. hey, can you spot me? come on in. find your place today, with silversneakers. included in most medicare advantage plans. enroll today by calling the number on your screen or visit getsilversneakers.com

♪ >> if you like earth, wind, and fire... to speak with the latest installment just dropped on fox nation. if you don't have the app, go download on your phone and you can watch the bible study. guess who's in it this time? melissa francis, harris faulkner, and shannon bream. they tell their story of how they came to know the lord. different things they've gone through in their life and how the bible has helped them. >> i don't believe you, let's listen. >> at the building blocks of knowing from my faith that wherever your purpose, if you just lean into that, or potential is incredible. >> we have all had them. it's been a comfort to me to be able to capture that lifeline, the scripture of all of your new for the years, knew these things on paper and now i am learning them. >> even if you think you are alone, if you don't have anyone in your life, you do if you have god. >> if you got the app you can

watch it today. if you don't have it, go to foxnation.com to learn about it. a big studio audience, it's going to be fantastic. >> live show! studio audience. >> everyone is going to be tall. >> it's national pie day! >> sandra: fox news alert, three american firefighters killed while battling australia's bushfires. they died in a plane crash while helping the massive effort to put out fires. so far it's unclear what caused the aircraft like that when you see on your screen to go down. we'll have more on this developing story later this ho hour. meanwhile, here at home, democrats making their case for impeachment with opening arguments, accusing the president of a "corrupt scheme" to get reelected. good morning, everyone. it's thursday, i'm sandra smith. >> ed: good to deceive again, i'm ed henry. the lead manager for the impeachment, adam schiff, laying out a timeline of white house actions toward ukraine and a nearly two and have our opening