>> happening at 5:00 am, a late-night battle on the west coast allowing the stay-at-home order to stand as a wave of other states begin to open their doors. >> another goalpost moved on the east coast where a new jersey governor says they won't fully reopen until there is a vaccine. we tell you what is happening today where you live. >> mister darren's work will not lead to a common investigation of either man. our concern over potential criminality is focused on

others. rob: don't expect, charges against barack obama and joe biden but there's a chance other obamagate officials will be called to testify. >> reporter: democrats responding another impeachment investigation. another report on a partisan power struggle. rob: you might not need to cancel your summer vacation after all. >> major airline rate to boost flights by 100 a day. "fox and friends first" continues right now. and a very good morning, you're watching "fox and friends first" on tuesday morning, rob's favorite day. rob: never should've told you that. let's go to oregon, the stay-at-home order the top story today, the stay-at-home order stands in oregon, that ruling coming in overnight after a judge attempts to

overturn guidelines set by the governor. >> is more than 1.5 million americans test positive, one state is changing the threshold needed to reopen. >> todd pyro has the latest. >> reporter: the never staggering, 1.5 million of our family, friends and neighbors infected with the virus but as our nation continues its battle against the disease, the battle to reopen the country is just starting to heat up according to the president. >> now it feels good, people are starting to go out, they are opening, they get it. we understand the disease much better than we did. today is almost like the first day. >> reporter: a day of milestone moves by some states including arkansas where bars associated with restaurants may reopen today. a number of states unveiling new reopening plans including those with some of the highest number of cases like massachusetts, michigan, new york, but in oregon the state

supreme court putting a halt to a judge's order from hours earlier that ruled the governor's restrictions were null and void following a lawsuit by 10 churches that said those restrictions were unconstitutional. governor kate brown in a statement celebrating the supreme court move that keeps her emergency stay-at-home orders in place. in new jersey governor phil murphy tweeting that until a proven vaccine is widely available we cannot firmly enter the new normal when light full once again return to all of our workplaces, downtowns and main streets. this on the heels of yesterday's garden state jim reopening in defiance of the governor's lockdown orders. >> understanding the owners were issued a summons for that and the clientele were issued warnings. these are just words. >> a half hour earlier we had that beautiful exchange with the officers that had been present all day, whom we've had

nothing but great exchange with. my attorney didn't seem too ruffled up by it and neither are frank and i. we are ready for the consequences. >> bill diblasio doubling down on his closure of new york city beaches for memorial day warning no swimming, no sports, no gatherings, no parties. shannon: back to you. >> the president threatening to keep the world health organization funding freeze in place if the organization does not make improvements within 30 days, the president writing a scathing letter to the agency's chief slamming china and health body's multiple failures in the early stages of the outright, donald trump writing in part the only way forward for the world health organization is if it actually demonstrates independence from china. the who chief is vowing to launch an independent review of its international response the pandemic. >> mainstream media having

meltdown after the president telling the media he has taken the antimalarial drug for coronavirus prevention. >> let that sink in, the leader of the free world taking drugs, shows no apparent benefits for what he's taking good for. >> there is a high probability start taking the drug, you need to have real evidence to suggest this is not just another tall tale of his. >> he shouldn't be taking it. there is no evidence that it works. >> two studies in patients to have coronavirus of show no benefit, none but to donald trump the science doesn't matter. >> other studies say it does help, the president admits taking chloroquine every day for the last week and a half. >> at some point i will stop. i would like to have the cure and or the vaccine and that will happen i think very soon. what do you have to lose? >> he gets this from his

doctor. the president's physician says they discussed this drug and concluded the benefit from treatment outweighed the relative risks to him. >> donald from sounding off after the doj says they do not expect a criminal investigation into barack obama and joe biden. >> gop lawmakers are gearing up to potentially subpoena former obama administration officials. >> things are heating up in the judiciary committee, chairman lindsey graham announcing his committee will vote on june 4th on subpoena authorization related to all aspects of crossfire hurricane and fisa abuse that would include documents, communications and testimony that could result in appearances of the folks you see here, james comey, james clapper, cia director john brennan, andrew mccabe and former acting attorney general sally gates.

meanwhile attorney general bar catching the attention of the president saying he does not expect us attorney john duramax investigation to lead to prosecution of his predecessor or his opponent. >> president obama and vice president biden, whatever their level of involvement based on the information i have today i don't expect mister durham's work will lead to a criminal investigation of either man. >> that surprised the president who repeatedly refers to obamagate but stood by his attorney general while maintaining his criticism. >> i have no doubt that obama and biden were involved.

it was >> house democrats tell supreme court they are still investigating donald trump writing a letter to the 9 justices, the house judiciary committee investigation did not cease with the conclusion of the impeachment trial, more specifically they say they are looking into possible improper political influences in recent decisions in the stone and flynn cases. i will be looking at more impeachment hearings? not yet but the door certainly left open. shannon: we will continue to follow it. rob: uniting to support michael flynn ahead of the looming legal battle, 15 state ags filing an amicus brief saying the court needs to grant the department of justice's motion to dismiss this case immediately. last week the judge overseeing the case, emmet sullivan issued an order allowing submissions to the court, john gleason, the judge appointed by sullivan to submit a brief arguing against the dismissal of flynn's case asking for oral arguments from

both sides. >> is a judge will preside over the cases of the father and son charged with killing amaud arbery. travis and gregory mcmichael are charged with murder after video surfaced showing the deadly incident, the attorney for the man who took the video says his client was simply a witness and took a lie detector test to prove it. >> roddy bryant is not now and has never been more than a witness to the shooting of amaud arbery, he bears no criminal responsibility in the death of amaud arbery. >> reporter: and the surface police report shows officers once tried to days amaud arbery during an altercation asked a part, the sister of the alleged and charged with gunning down amaud arbery admitting she posted a photo of his body on social media, police call the incident disturbing.

rob: powerful storms through the midwest, tornado touching down in central ohio, severe weather threatening damaging wind and flash flooding. jillian: tropical storm arthur moving into the atlanta, heavy rain and high winds on the north carolina coast. rob: the storm whipped of dangerous surf and recurrence as well. jillian: janice dean joins us with where the storms are heading. >> janice: we are done with arthur. we could the increment weather for bermuda but for the east coast looks good but parts of the carolinas need to be on the other for a cut off low that will be worse than arthur ever was. you can see arthur moving away from shore but this area of low pressure is what we call cut off meaning it has nothing to push it out of the way quickly silica the rain we could see

across the mid-atlantic including the carolinas in virginia and the ohio and mississippi river valley. over the next 48 hours some of these areas could receive close to a foot of rain fall. this is not a tropical system, this is an area of low pressure moving very slowly, we have flash flooding concerns in all these areas and that will be a big deal over the next couple days so we say goodbye to arthur, watch the area of low pressure across the mid-atlantic and tennessee river valley, very warm across the south and if you can believe it we have snow in the forecast for the mountains of california so all the years out west probably loving this. are there, that area of low pressure and snover the mountains across the west keeping me busy. 11 minutes after the hour,

promising develop into the race to find a vaccine for this virus. moderna looking to have doses of vaccine ready by january. >> government red tape is being cut to get the pandemic under control as quickly as possible, he joins us with expert insight on the process.

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truly sofi, thank you for helping me prepare for whatever the future has in store. (♪) >> positive phase i data 1273. by the vaccine to accelerate for our mission to give up the operation. jillian: the fight against covid-19 hits a milestone. moderna promising results from its first phase of trials. rob: volunteers given doses of the vaccine developed protective coronavirus antibodies. but a good levels of them.

joining us to break down what the results mean is doctor manny. thank you for coming back to the show. tell us about it. >> reporter: we are back to work. moderna saying they have great results in the phase i trial of the vaccine meaning patients are demonstrating antibodies. what we are looking for in a vaccine. donald trump is credited, two weeks ago he brought people together asking for a manhattan style project, reduced redtape, reduced regulations, light a fire under the private sector and done that. i believe to save american lives we need american medicine in american hands, not the chinese government leading the way and that is what we are doing so i'm very proud. shannon: let's look at the breakdown of these results,

eight patients receiving two doses of the vaccine in a developed neutralizing antibodies at levels similar to people who have recovered. eight patients in two doses is great but how many people need to be tested to say we got the vaccine we need? >> you are exactly right. in a phase i trial, you have in this case there were 45 patients. in a phase 2 trial we need many more patients and modernable have different centers around the country, patients in different age groups and they are going to test and so if that is successful then we really have something but what is important is all our manufacturers get ready to mass-produce a vaccine once we have success here. this is a positive step. we are on the road.

pfizer demonstrated a vaccine as possible and it will go into phase 2 trial. this is all good news. rob: we talked before but the oxford vaccine they are producing it, they want to be so good to have it ready to go as soon as they get the final answer. a second topic is taking vaccines. if we get one how do you convince a lot of people that are on the healthy side that aren't that worried about this virus that they need to take a vaccine that is a shotgun vaccine made really fast. a lot of people will be worried about taking it. what do you say to them? >> you are exactly right with your announcement. i think americans want the coronavirus vaccine just like we have access to a flu vaccine. as a doctor i think this is a patient choice for patients and their families talking to folks

about risks and benefits. so many will benefit if they take this. workers on the front lines, nurses, doctors, first responders, people at the grocery stores, but there will be some people with negative reaction whose health doesn't allow them to take a vaccine like this so you have to do this on a case-by-case basis and explain the risks and benefits but i encourage everyone to talk to their physicians about the coronavirus vaccine once we know what we have got. >> the first step is continuing with these trials and keeping an eye on the results, seeing when we have the one that is going to be the one. thank you for joining us. have a good day. rob: 19 after the hour. the fbi learning the pensacola naval station shooter had been communicating with al qaeda for years. we are live with the ever to hunt down the terrorists who

were in touch with that saudi gunmen. >> the new message the irs is using to get stimulus money to american still waiting for the financial move. we are coming right back.

>> is really universities new tests for covid-19 producing accurate results for under a minute. >> a firsthand look. >> and at the university led by professor gabby serena see in the test is 90% accurate when

compared to the additional swab. and he was bored during quarantine and call a friend and decided to 3-d print this prototype. this is what it is like taking the new test. >> what is unique about this test is the results come back in under a minute. once it is available to the general public in places like airports and bus stations people could take this test and know within a minute if they are testing positive for covid-19. it is a simple test, easier than a breathalyzer. you just blowing three times in the nanochip will be analyzed to determine whether i test positive for covid-19. >> you can test to a lot of tests to get statistics but in

physics once you have the simulation and know what you expect to see, once is enough. >> spectrum is exactly overlapping. >> the effect is you are healthy. >> reporter: certainly a relief getting that negative resolve it as the world waits for a covid-19 vaccine increased testing will help the world return to normal more quickly and there are hopes in the coming weeks the fda will look at the new covid-19 test and make it available in the united states and around the world. covid-19 thank you. rob: steve mnuchin in the federal reserve chairman will be testifying on the government

economic response covering the $2 trillion relief package, the dow surged by 900 points, investors encouraged by the potential vaccine from moderna. jillian: about 4 million americans will get debit cards loaded with stimulus payments this week, the treasury department issuing debit cards instead of sending checks that people can use right away, filling out bank information with the irs, the treasury says 140 million americans have received stimulus payments since april. it is 26 after the hour. if at first you don't succeed try can, democrats say they're a failed impeachment push doesn't mean they are done investigating the president. rob: liz peek says it is the latest overreach by democrats and won't go well, she joins us live next.

shannon: a major breakthrough in the deadly attack at the naval air station in pensacola, florida. >> the fbi finding the saudi ephesian student who shot and killed 3 american sailors was in contact with our qaeda. >> we learn more about the information. >> reporter: one of the worst mass shootings at a military base, mohammed was training at naval air station pensacola last december when he opened fire killing three servicemembers and wounding eight others. now the fbi says they discover new intelligence showing he was in direct contact with our qaeda operatives as far back as 2015. >> the evidence we been able to develop from the killer's devices shows the pensacola attack was the brutal culmination of years of planning and preparation.

>> fbi investigators access the shooter's iphones after apple turned them down citing personal privacy concerns for their customers, william barr says the us is using the information to launch a counterterrorism operation. >> the information the phones has proved invaluable at protecting the american people. we will not hesitate to act against those who harm americans. >> apple says it has cooperated with the fbi investigation but does not have capacity to unlock protected devices saying the false claims made about our company an excuse to weaken encryption and other security measures that protect millions of users and our national security.

rob: congressman mike garcia set to be sworn in on the house for, the former navy fighter pilot winning the 20 fifth congressional district seat in a special election against christie smith, garcia will finish katie the last remaining term, after admitting to an affair with a staffer, tweeting she was her to have mild seat flip back to republican adding she cried for a few days. jillian: we are five months from the presidential election but mark cuban telling martha maccallum he may not stay on the sidelines. >> so many crazy things have happened, why not leave the door open? about that happen between now and november. >> cuban hasn't about entering the presidential race but the family is not on board with the idea. idaho may be reopening, the primary will be mail in only,

the last day to request a ballot and they must be returned by election day. so far 30,000 have been set out with 100,000 backup ballots must be in by 8:00 tonight for the first ever absentee primary, too late, the voters will have to drop them off at the election office. rob: it is not over yet. house democrats revealing they never closed their case against donald trump. jillian: democrats telling the supreme court they could bring new articles of impeachment based on the michael flynn and roger stone cases. liz peek joins us to weigh in. thanks for being here. what do you think of this? what are your thoughts? >> almost unimaginable they will go down this path again. the actual impeachment effort in the house, donald trump hit an all-time high and approval

ratings and raised more money than he ever had or any other party ever had in this country, there is no question americans feel this was an overreach by democrats. if they do it again my head explodes just thinking about it. i don't know the legal ramifications of this. i can tell you the political outcome will be extremely negative for democrats. rob: listens what democrats had to say, the house judiciary investigation, the conclusion of the trial, if this reveals new evidence supporting the conclusion that donald trump committed impeachable offenses that are not covered by the articles adopted by the house the committee will proceed accordingly including if necessary by considering whether to recommend new articles of impeachment, that would be this allegation against the doj, with influence in the case of roger stone and michael flynn who are getting

no prosecution at all. >> >> republicans have done a better job. >> the russia coalition hoax. it was politically motivated and the department of justice under president obama possibly did a bunch of criminal if not, in the prosecution michael flynn and roger stone. and the rather than becoming a referendum in this election, and to make this a referendum on joe biden because joe biden has become one of the people involved in unmasking general flynn, he becomes part of the apparatus of the obama white

house the perpetrated what americans feel was an unjust prosecution and investigation. i really think this was an unconscionable thing to continue to move forward. how embarrassing, all those people from adam chiffon, and all the people, basically lied when they went on camera, and it wasn't there, and to perpetuate this, and but the bigger story is the president remains on solid ground for 2020 with all of this in mind and everything going on. explain that.

>> we have gallup polls showing he is at his highest level ever in terms of approval ratings. i think we have seen two recent elections including one you just cited come mike garcia which went well for republicans and donald trump was on the ballot in those two races, the other being in wisconsin. there is nothing to suggest that donald trump is being blamed if you will for the coronavirus horrors we find ourselves in. democrats would like that to be the case, that this crushed economy will be put at trump app store. i don't think that is going to happen. we see the economy beginning to come back to life and as we approach november the news will be getting better, not worse, that will work in the president's favor. it is premature to sign his political obituary. rob: the president at 49% in recent gallup poll. we appreciate it.

some big news about your summer vacation, delta airlines looking to get more jets in the air. >> royal caribbean may take away a cruise ship favorite, tourism adapts to the new normal. principal is by your side. we're working hard to answer your questions. like helping you understand what the recently passed economic package can mean for you. we're more than a financial company. we're a "together we can get through anything" company. now, more than ever.

rob: in fl teams could reopen facilities as early as today, some can only open a permitted under state and local regulations and go through infection control training. even then coaches and players can't go unless they are having medical treatments. roger goodell says the limits are an important step in showing the league can be asked safe and to loosen them in a short time. jillian: the mlb could look different of it comes back for the 2020 season. teams may put heart advertisements over empty seats. owners are looking for a way to

make up for lost ticket sales, it may be a key to reaching a deal with the players union which rejected a proposal to flip revenues in and exchange for reduced salaries. rob: foxbusiness alert, delta airlines increasing flights to meet the demands of travelers while promoting social distancing. jillian: the airline will keep planes at 50% capacity through july. rob: cheryl casone he is here with more on delta's move. ed: delta plans to at 100 daily flights starting in june, flight suspended in the coronavirus including international flights, atlanta will see a flights, jfk, possibly seattle roots will be added, they are looking at china or not, airports are seeing more traffic, the tsa screened with 250,000 travelers the past friday. for the first time since march

20 fourth that is more than the 250,000 we had seen but nowhere near 2.66 million screened last year on the same day. baby steps. rob: we have one more. royal caribbean eliminating the buffet. ed: it is going to happen. it is a staple of cruise industry in general but it may not return on royal caribbean ships at least for now. michael bailey reportedly said it would be more restaurant style service, safety and health concerns, all of this into account when they design a plan haven't done yet. fox reached out for the man said they are working through the first food-service option but they may be presented different we. the cruise line announce service to 12.

i will send it back to you but carnival he seeing bookings for august jumped substantially so people love cruising. they are ready to go back. rob: they are going to take the buffet away? what are they going to do? a big boat. jillian: i am curious to see how it goes. thank you so much. jillian: restaurant owners hoping to come back better than ever, the hard-hit industry seeking leadership from the president. one leader who was on hand at a white house meeting says the federal recovery fund is desperately needed. rob: let's check in with what is coming up on "fox and friends". >> a get rid of the buffet on the crew, they are going to keep the mid deck pizza. you've got to have the mid deck

pizza. and the ice cream machine, about 45 of those. >> i am concerned about the pizza. you are concerned about the softserve. this shows our priorities. jillian: it shows i have not been on a cruise in a long time. coming up on "fox and friends," after defining the state of new jersey lockdown order, the gym owner with a ticket. life pictures of crowds and reopening all morning yesterday, the owner will join us live on how day one went and whether we will reopen today. we think he is but the statement is coming back. out of washington dc, kaylee mackin any will talk about the

president who admitted he is taking hydroxy chloroquine. congressman michael walsh, ohio governor mike do wine and judge napolitano and jason chaffetz, he won nascar's first live racing ten weeks on sunday scoring his fiftieth career cup victory. kevin hardwick gearing up around 2. he will join us live to talk about the race ahead coming up. "fox and friends" starts 13 minutes from now on the channel you trust for your morning news. we will be right back. chances are you know us. yoo-hoo, progressive shoppers. we laughed with you. sprinkles are for winners. we surprised you. on occasion, we've probably even annoyed you. we've done this all with one thing in mind.

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jillian: welcome back. find a way forward donald trump hosting a roundtable with restaurant leaders demonstrated by the pandemic. >> an industry we are working hard with and on, we are looking at doing deductibility so a corporation can use a restaurant or entertainment club etc. and get deductibility. i think that will have a big impact. rob: interim ceo mark herbie was there and joined us to talk about what happened. thanks for coming on. what was the message to the president? what do you need from the white house? >> thank you for inviting me this morning. the message from the president was support for this critical industry in our country. from the beginning of this crisis this administration, the

president, the secretary treasurer and ivanka trump express tremendous interest in helping this key industry get back on its feet. currently two of every three restaurant employees are unemployed. over 8 million americans have been affected by this crisis. it was very encouraging yesterday to hear about the passion and dedication the administration has in getting the industry back on its feet. we talked about several ideas but the most critical concerns the payroll protection program. this has been a beneficial program but we needed a few tweaks to help benefit the uniqueness of the restaurant industry. we were the first industry to be affected by this crisis in the last to recover because of the safety of the precautions

and what we focused on was an extension of the period in which the proceeds could be spent from eight weeks to 24 weeks. when this is accomplished it could make a significant improvement. jillian: let's look at this blueprint for recovery, $240 billion in restaurant and food services facing structural issues with the ppp, creates tax credit or grant programs, increases funding for economic injury disaster loans. restaurant have been hit hard and may continue to be hit hard. a lot of them once they are able to start opening may not be able to see people inside, can't fill as many tables. what is your message to folks in the restaurant industry who are worried about their jobs and their businesses?

>> my message is the administration is in support of bringing it back to where we want to be to support this country. the $240 billion being asked for to support all restaurants, large and small from our well-known brands to your favorite corner restaurant because this industry has been hit across the board. we think what is important about that fund is it is restaurant specific fund and we are in a unique situation in our industry in that the very core of restaurants is to convene and we need to come back as americans gain confidence. >> get that extended out the restaurant have more time to spend that money the right way. thank you for your time. we do appreciate it. we will be right back.

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>> dementia joe, sleepy joe, creepy joe. >> i don't have any comparing throfl donald trump who i'm really resisting giving a nickname to. trump is out there call the presidentweety. reopen the country. >> nickname. social media is not exactly embracing it. jillian: carley shimkus how this backfired on biden. carley: was that geese in the background of the clip we just played? sounded very charming. last week he said he resisted

giving president trump a mic name. he just referred he refers to the president as president tweety. didn't take long. donald trump jr. has responded saying president tweety is exactly the type of high quality nickname that you would expect to come from someone who us use the phrase lying dog-faced pony soldier like it's a normal thing to say. so, cringe cringe worthy. a lot on social media agree it's absolutely insane to think how many people in the biden camp had to sign off on the nickname president tweety. not sure it went through the official channels. president tweety looks like joe biden finally hired his speech writer. some critics like debra messing and others say they love the nickname. politics resulting back to school yard insults. rob: very covert business practices by chuck e cheese. what is this? carley: yesterday, new england g

political and chuck e. cheese gain trending on twitter. selling pizza on a variety of different delivery apps under the name pass equally's pizza and wings. has a different sauce for a more premium experience this people we are about to show shows it up regularly. regular vs. fancy winnie the pough. that's not all. apparently apple bee's is delivering under the name neighborhood wings. all of this in an effort to boost sales during the coronavirus pandemic. jillian: i don't really get it. why not just use your name. like do they think people won't want to order it then? carley: i have a feeling adults may thought want to order under chuck e. cheese but pasqually's?

rob: nobody really wants chuck e. cheese pizza. carley: unless they're giving us the tokens then you have got to get the pizza. jillian: got to go. bye-bye. >> they are opening. they get it. we understand the disease much better than we did transition to greatness. we are going to be back. what you said is very important thing. people expect to go back. steve: there you have got the president of the united states yesterday, good morning, everybody. it's tuesday may 19th. 2020. the president there touting the strength of the u.s. economy as the economy slowly inches back to normal. today people in arkansas will raise glass. that state giving some bars the green light to serve, finally, once again. brian: and professional sports could be back on tv in a matter of weeks. california reversing itself. texas has always