is why was i classified? we didn't witness what america was famous for, a peaceful well wishing transition of power. instead we saw corruption of the transition. jillian: another blow to the obama administration-esque ability thanks to a newly declassified email from susan rice. rob: it comes have michael flynn as lawyers take a legal fight to the neck level. live in washington what this all means and how it ties into the alleged deep state plot against the president.

jillian: america see light at the end of the with all 50 states open in some capacity today. rob: the milestone overshadowed by controversy around chloroquine and the president taking it. how the white house is responding to a media frenzy. jillian: my gosh. rob: going viral for internet challenge gone horribly wrong. jillian: why would you do that? socially you can't decide if he is really lying through his missing teeth. "fox and friends first" continues right now. rob: you are watching "fox and friends first" on wednesday morning. jillian: thanks for starting your day with us. we begin with a fox news alert, michael flynn's attorney filing

an emergency appeal to boot judge emmet sullivan from the case. jillian: a declassified email from susan rice he just the obama administration purposely withheld information from michael flynn. >> reaction from donald trump. >> let's dive right in. setting up inauguration day a newly released portion describing james comey on passing information from michael flynn. rice wrote this comey said he has concerns about speaking frequently with russian ambassador kislyak, comey said that is an issue related to sensitive information, president obama asked if he was saying the nsc should not pass information related to russia to flynn, rices comey replied potentially. at the white house donald trump had this reaction.

>> what the democrats did, dirty cops, they were crooked bad people. they broke the law. what they have done to general flynn should never happen. what they've done to the presidency in this country can never be allowed to happen again to our country. rob: the move complying with a request from senator ron johnson projected the notion that this was in any way political. >> that is what they are shooting for. information that is not politicized by politicians on any side of the aisle. >> reporter: a representative issued a statement saying ambassador rice did not alter the way she briefed michael flynn on russia as a result of the response. in the flynn case sydney powers asking a federal appeals court to order judge sullivan to immediately grant the

government's motion to dismiss the case and seeking his removal from the case. >> reporter: the law is clear he doesn't have authority to appoint a prosecutor himself. the case is over. 's bias is so egregious he should be removed from the case. >> reporter: sullivan has set oral arguments for july as more requests for unmasking names comes from judiciary committee chairman lindsey graham. a few more chapters to this story for sure. jillian: this is not over soon. rob: to connecticut joins the rest of the nation in phasing back to business. >> donald trump gives his administration permission to cut red tape in the way of an economic resort. rob: all 50 states are officially on the road to recovery. >> reporter: a big milestone as each state is headed down the long road back to economic

normalcy including taking our first steps in connecticut. >> we have hit those metrics. we can proceed on a thoughtful basis with businesses least likely to be dangerous and most likely to have economic value for the state. >> reporter: connecticut governor lamont joining connecticut in some phase of reopening, delaware, kentucky, new jersey and new york as georgia governor brian kemp celebrates positive staff in his state tweeting this is the lowest number of covid-19 positive patients hospitalized in georgia at 986, down 34% since may 1st. these numbers are encouraging but we must remain vigilant in our efforts to fight this virus. while georgia celebrates, california get scolded. the doj writing a scathing

warning to governor gavin newsom on churches reading, quote, simply put there is no pandemic exception to the u.s. constitution in its bill of rights, laws the do not treat religious activities equally with comparable nonreligious activities are subject to heightened scrutiny under the free exercise clause of the first amendment. the governor accused of allowing schools, restaurants, factories, offices and shopping malls to open more broadly than houses of worship. at the white house two big moves by the president, one announcing a $19 billion coronavirus food assistance program to support farmers and ranchers and two announcing an executive order aimed at making hundreds of the regulations permanent, a massive overhaul of regulation policy. >> i am also inserting agencies to use the emergency authority to speed up regulation cuts, new rules that will create jobs and prosperity and get rid of unnecessary rules and regulations. >> reporter: the president going on to highlight the importance of the nation's food supply

chain, bringing the entire supply chain back from china. rob: thank you. jillian: steve mnuchin says unemployment money will only go to americans who truly need it. >> they don't take that job, acquired to notify the local unemployment insurance agency because that person will no longer be eligible for unemployment. >> reporter: after lawmakers increase jobless benefits due to covid-19 many individuals collect more unemployment than they made on the job was republicans and lawmakers expressed concern the added benefit would keep americans from returning to work. rob: donald trump and the va secretary pushing back a study warning hydroxy chloroquine could be deadly for covid-19 patients. >> a false study given by

obviously not friends of the administration. it was a trump enemy statement. >> the department of defense and the va have been using it for 65 years on every, any given day, uses 42,000 doses of this drug. rob: a veterans health administration study found the antimalarial drug had no effect treating covid-19 and could cause heart complications, the president insisted those in the study were extremely sick and very close to death. he is taking the drug as a, quote, line of defense against covid-19. >> reporter: attorneys confirm a second video showing the deadly shooting of amaud arbery. the clip shows a different angle of the incident but will not be released until the trial begins. travis and gregory mcmichael are accused of murdering amaud arbery, they thought he was a burglar. newly surfaced video from 2017

shows him being arrested by police in the walmart parking lot. records show amaud arbery pled guilty to trying to steal a tv. rob: a state of emergency declared overnight after two dams collapsed in central michigan. a flood happening there. thousands ordered to evacuate in midland county, the governor warning one city could be under nine feet of water. rob: after days of heavy rain. jillian: governor gretchen whitner calling in the national guard for help. >> this is unlike anything we have seen before. this is a historic event playing out in the midst of another historic event. rob: a tricky situation. officials working to screen people pouring into shoulders because of the flood as they tried to avoid the spread of covid-19. jillian: several flood warnings are in effect. this looks really dire.

>> reporter: they have received 3 to 8 inches of rain in mid-michigan over the last week or so and flash flood warnings are in effect for midland and sterling where we have two rivers reach major flood stage so that is an issue throughout the day and flooding is the main story not only for michigan but as we go southward across the ohio valley and the mid-atlantic western portions of north carolina and south carolina because we have a cutoff low. that means we have an area of low pressure that isn't moving. it is just stationary because it has nothing to push it offshore. you have arthur's remnants, tropical moisture at a low that will spin for several days in some of these areas, we could see 6 to 12 inches of rainfall

in a matter of the day or so. two areas we are watching, michigan and parts of the mid-atlantic, appalachian than western carolinas where flooding is a major concern over the next couple days. rob: nothing to move that rain out of the way, thanks. jillian: nascar's second race at darlington raceway, drivers restarted their engines in front of empty stand after the season was put on pause due to the coronavirus pandemic. rob: heavy rain threatens the toyota 500, changing it start time in hopes this race won't get washed out. jillian: you can get this on fox sports. rob: more than a dozen top prosecutors across the country calling on a federal judge to stop stalling and dismiss the case against michael flynn. jillian: current delays are an

abuse of power, the attorney general joins us live.

>> we must grant the motion to dismiss under the constitution. the law is clear. the case is over. jillian: joining michael finance legal team. to assist the dismissal. jillian: the attorney general leading the charge joins us now. so you are leading this group, tell us what is in it. >> it is a separation of powers problem. the decision belongs solely to

the executive branch and having decided that this was not a righteous prosecution, the prosecution side, they don't have a right to second-guess that. rob: let's look at this declassified susan rice email. president obama and if comey was saying the nsc should not pass sensitive information related to russia to michelson comey replied potentially. he has no indication thus far that flynn past classified information to sergey kislyak but the level of communication is unusual. democrats are focusing on the level of communication is unusual, just place sanctions on russia, wiseman talking to kislyak this much? what do you make of that email? >> it is part of a troubling record that shows the government

didn't have clean hands when they started this investigation and that is part of the reason the attorney general ultimately decided this is not a righteous prosecution in the untruthfulness such as it is was not material as lawyers say, doesn't support a prosecution. jillian: here's the response from rice's team, the email makes clear no discussion of law enforcement matters or investigations took place despite accusations to the contrary. your thoughts on that and your response? >> this is part of the foundation that didn't exist was the government shouldn't be allowed to just call a citizen in and interview them for no reason or without a good reason, without a nexus to a crime, to

hold otherwise is to allow unlimited fishing license. rob: there are two sides of this, republicans saying the whole case, the judge, sullivan, is partisan, democrats thing william barr's recommendation to drop this is partisan. tell us why people should believe you. >> reporter: i understand there are two signs, the constitution places the responsibility for this decision with the prosecutor. state attorneys general are the chief law offices, executive officers, the ones that make decisions whether to bring the case or not. the end of the day when the judge gets off the bench, tries to go to the prosecution table the judge is forfeiting that impartiality we need in the constitutional system.

we can't sit at the prosecution table and on the bench. i don't think this can go forward constitutionally. jillian: things spiral in different sides take away different things they want to see and i feel like nothing is coming to a close. do you think we will get these answers and this will come to an actual close at any point soon? >> any point soon? not too soon, just put on a briefing deadline that extends into june. we have a few weeks, we get to a place where there is decision, there was a famous action filed in the court of appeals by flynn's team. at the end of the day everybody

out to be concerned, whether you like or dislike william barr's decision, executive branch, this fall, the rest of the record, whether you like or dislike it you should be for the constitutional limitations that those judges don't get to climb off the bench and sit down at the prosecution table. rob: thank you so much for your time, appreciate it. jillian: former president barack obama thrilled to see this painting unveiled at the smithsonian a few years back but partisan posturing made the real his official portrait ceremony at the white house. rob: lawmakers in seattle following california's lead. a staggering amount of cash the city wants to set aside for illegal immigrants coming up. eds and responds to your body... ...so you get deep, uninterrupted sleep. during the tempur-pedic summer of sleep,

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jillian: a usb wants to set up a relief fund for illegal immigrants, seattle city council unanimously passing a resolution asking washington kim jong un to give taxpayer money to immigrants who didn't get stimulus check last month. california created a $75 million fund for illegals earlier this week. the opposition site was so busy it crashed. rob: cbs reporting $43 million in stimulus money, it didn't ask for the money and it could be better used somewhere else. the money was automatically given to medicare providers which includes cvs. jillian: in an exclusive the federal government is demanding dozens of affiliates return $80 million in stimulus fundss. rob: democrats grill the treasury secretary and fed chair

on coronavirus relief efforts. >> reporter: a total of $80 million went to 37 planned parenthood affiliates meant to help small businesses to stay up late and pay employees, marco rubio calling on planned parenthood to give it back saying there is no ambiguity to the legislation that passes the public record around the passage that organizations such as planned parenthood whose parenthood organization is half $1 billion in assets is not eligible for the paycheck protection program, those funds must be returned immediately. rubio goes on to say the fda should look at how these loans were made in clear violation of the applicable affiliation rules, the same source staff knowingly violated the law. the largest single loans of $7 million to planned parenthood of orange and san bernardino

county, the ceo of planned parenthood made clear it would not accept federal help saying in a statement, quote, planned parenthood is never going to allow the trump administration to bully us into withholding critical help the organization from our patients. democrats grilled steve mnuchin and jerome powell over how funds are being used. was before accusing the administration of using the bailout to help their wall street friends. the fda's in the process of sending letters to planned parenthood affiliates demanding the money back saying the organization was too big to qualify in the first place. jillian: thank you. rob: the owners of the salon joining the growing rebellion against of restrictions in the state of new jersey. >> reporter: these small business owners setting their own date to reopen and heavy legal team on standby. they join us live next.

jamie, you're cutting out. sorry i'm late! hey, whoever's doing that, can you go on mute? oh, my bad! i was just saying there's a typo on slide 7. bundle home & auto for big discosnouts. i think that's supposed to say discounts. you sure about that? hey, can you guys see me?

>> reports of new covid-19 cases in china sparking fear the second wave of the disease on the horizon. jillian: the world health organization faces calls for an investigation. >> reporter: concerning news out of china were 100 million people face new locked the restrictions amid fears of a possible second wave of covid-19, these are sections put in place in the northeast part of the country that has seen a spike in new cases after reopening weeks ago. the cluster of new cases stand at 34 but authorities are not taking chances. schools are closed again and public transportation in the area has grounded to a halt. the source of the original outbreak is still being studied in the world health organization does appear to be on board with launching an independent

investigation. the group's annual world health a simile member states including china agreed to support an investigation is the origins of covid-19, they are not allowing international investigators the needed access to a lab in the city of wuhan where the outbreak may have started. house republicans calling for hearings into the coronavirus outbreak and testimony from the who chief. they double down on their position saying they have been transparent throughout the process. >> who remains transparent, accountability and continued improvement. we want accountability more than anyone. >> reporter: four months ago the world health organization tweeted the chinese authorities found no evidence of coronavirus transmission from human to human, now nearly 5 million people around the world have been infected. jillian: thank you.

rob: new jersey business owners left with more questions than answers over the governor's roadmap for reopening. >> the curve continues to move in the right direction, the only surefire cure available right now is to not get it and that means maintaining social distancing, time for us to double down. rob: this new jersey salon owners said they had enough announcing their business will reopen on the first of june defined the governor's current restriction. the owners join me to talk about this plan. what is the plan come june 1st? >> to reopen. we have no set guidelines so we are going to create our own, take leadership for the salon industry and open up with strict guidelines, cleanliness,

different restrictions how to enter the building, ppe equipment for the staff, masks, and a 15 minute gap from one client to the next. >> absolutely. >> that is what you got to do it sounds like you are trying to do it the safe right way. if we look at what is opening in new jersey according to the governor at this point, golf courses have been opened, construction, curbside pickup just opening up, automobile, motorcycle dealerships, bike shops are reopening and the beaches, lakes, outdoor activities opening a couple days. what does it feel like to have a business like this and look at that list and for the governor to say all these places can open, you can buy a harley-davidson but can't go to your business, does it feel like an arbitrary decision?

>> yes. it is just ridiculous. how does one business get approved and considered essential but not another? what the guidelines? he never told us why his opening those up but we can't open up? in our industry we are well-equipped with cleanliness and sanitation, 90% of what we learn in school is about sanitation. in our industry we can spread disease whether covid-19 is prevalent or not. so you take precautions every year to stop spreading disease and virus. >> he went out and started a business, the hardest thing to do in this country, to not take a job but go make one yourself. tell me what it took to open this place up, the blood and sweat and tears that went into this, to now be closed down, tell us about that. >> i don't know if anyone knows but it is a generational business with my grandfather, my

mom, malcolm, my aunt, they all started in the and i in 2014 partnered up and made it what it is but because of the governor's actions, it is being taken away from us as we speak and we are going onto a half months of being closed. enough is enough. >> executive order should last 30 days. to keep tacking on 30 more days when is it going to end? >> don't have a clear-cut day we can open. we are following the right guidelines like we said as we are going to open may 1st. >> following other salons. rob: i can only imagine the frustration. when something like this is taken out of your hand it has got to be so frustrating. we wish you the best of luck. he will try to be as safe as possible and hopefully there is high demand, everybody needs a

haircut, thanks for your time. jillian: some of us have tried to cut our own hair. elsewhere in new jersey police arresting a member of the gym that is violating covid-19 restrictions, controversy over a gym that reopened for a second day defying state orders. the owners and protesters given citations but will not back down. >> we will be filing the proper paperwork, it is about small business, constitutional rights. >> i am a mother of two children. i want to grow up in the united states of america the way i grew up. >> reporter: they are facing obstruction of justice charges. barbers in michigan plan to offer free haircuts to protest the stay-at-home order. operation haircut is organized by the same group that helped rally cement businesses open. the idea was inspired by a local barber, trying to shut down for reopening.

36 after the hour, a home good megastore falls victim to the pandemic. we are live with. one's plan to close up shop for good. rob: megan wrapinoh talking about running for office, we talk about her political ambition.

jillian: a white house tradition could come to a end. former president obama showing no interest in participating in the unveiling of his white house portrait. in the decades old tradition, the president hosts any streams money revealing his predecessor's portrait. obama hosted george w. bush in 2012. nbc reporting ceremonies and tom donald trump's calendar meeting obama's wait until 2025.

rob: joe biden winning the primary. the presumptive democrat nominee clinching 70% of the vote, getting 43 delegates. this comes as he events potential running mates. michigan governor gretchen whitner talked to the biden campaign, reportedly being vetted as well. the dozen women rumored to be under consideration, hopes to announce his decision by july. jillian: here one will close all of its stores months after filing for bankruptcy. rob: cheryl? >> reporter: another name falling as one imports is closing its doors for good, all 540 stores in the united states will be shutdown.

and they opened in 1962. they are trying to reorganize themselves, closing their canadian stores. they reopen their doors. they are filing for bankruptcy, the same that are one is yesterday. rob: there could be trouble for museums as well. >> it is possible that 13% of museums around the world may never reopen, they are warning one in 8 museums worldwide could close thanks to financial strains, 85,000, 90% of the 85,000 across the world have

shutdown, not just lost revenue. a lot of guys are worried how to socially distance visitors in the museum. about half the amount of visitors they have have come to the door since the museums in berlin have opened. most museums are pretty much shutdown. they have to figure out bringing people in safely. jillian: thank you. rob: to treat china as a true adversary, beijing as failure to alert the world about covid-19 has drawn a lot of fire from donald trump. steve chaffetz says china is not our friend and the seachange is in order. jillian: check in with brian kilmeade for what is coming up on "fox and friends".

>> i will go to break and then come back a little bit. marco rubio will be on with us. talking about a split with the ppp program. and they will not take it if it is not in that case. acting dhs secretary chad wolf, new rules when it comes to the border and more. lawrence jones will be here. doctor nicole - dr. nicole saphier on hydroxy chloroquine, there's controversy about the president taking it. the latest with michael flynn, trying to take this crazy judge and toss him out, the entire case. and small business owners as

they fight to reopen and make a living before they go out of business. time is not in their side and donald trump doing something great, $19 billion invested in the nation's farmers and ranchers, and running out of it. they are at the white house, they will join us this morning. and healthcare he rose. and on the front lines, telling us that story. to gradually get dressed. ♪ limu emu & doug

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rob: the president ramping up rhetoric against china, thousands of death squarely on

this communist country. >> to lose lives that could have been stopped by china, should have been stopped by china can is terrible, that this could have happened to the world, long beyond us, we lose millions of people, talking about the whole world is being affected by this. jillian: the president is to permanently end us funding to the world health organization for its china ties. rob: congressman steve chaffetz says time to stop looking at china as a friend. the way this country treats the rest of the world. >> their behavior has been reprehensible in this whole thing was trying to cover this up without being transparent with the world.

whistleblowers, doctors who tried to tell the truth, we don't know if they are alive, many of them. they should have been transparent with the world and truthful, the world could have protected itself, thank god the president made the correct decision and stopped travel from china, save untold numbers of lives. it was going to get here eventually, we lost 90,000 americans as a result of china's miss behavior. jillian: look at this portion of donald trump's letter to the world health organization, and if it can actually demonstrate independence from china. if the world health organization does not commit to major substantive improvements within the next 30 days i will make my temporary freeze of united

states funding to the who, do you think they can accomplish that in 30 days or do you think there would be any fallout if the president were to make this permanent? >> he knows what he is doing, putting pressure on that organization which is important for the health of the world but they have a china bias, the organization essentially in china for far too long. and saying things like they were being cramped to their behavior. it is the opposite of what the leader of the organization, the president is absolutely right to find some way to put pressure on the dhl to reform. we don't want to pull out, we want to cut off funding to do the right thing, unless they have pressure to do so. we have seen that from past action.

jillian: the who appears to have done, is unforgivable if true. the letter the president sent, china's response, us leaders letter was full of such ambiguous wording indicating, probably have likely mislead the public, smear china's efforts and shift the blame of us incompetence to others. another big problem is this trade deal, the fact we are so reliant on the chinese. is this a great opportunity to isolate the country with us and punish the country once and for all. >> it has been reprehensible. any american job, is not fair. they basically want to partner

up with them, get property in formation. the american factory is out of business and what we need to do is hit many across the globe, we have tremendous opportunity to put pressure on china. we shouldn't be so dependable on them, even our military, a component of military systems. these are the things we have to change in the united states, so successful to continue that. jillian: how reliance we are on china and how they behave. jillian: we appreciate it. we are coming right back.

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♪ rob: good news if you are running low on sanitizing wipes. the cdc now says as they update their covid-19 guidance that the virus does not spread easily on surfaces. jillian: they loves say don't get rid of the wipes. carley shimkus 24/7 sirius 115 hear how people are now confused. jillian: that's right. good morning, jillian and rob since the beginning of the pandemic the centers for disease

control says the virus can spread through respiratory droplets or by touching a contaminated the surface. now the cdc has updated guidance online saying the virus does not spread easily from touching surfaces or objects from animal to people or from people to animals. but, before you throw out those wipsz and the gloves, organization notes that it is possible to contract covid-19 by touching something then touching your face. it's just not the main way the virus spreads. so a subtle change but a change nonetheless a lot of folks on social media are talking about this. one twitter user says i will still be wiping everything down. done if a commenting on everything you have been mentioning they can't make up their minds it. is a bit confusing but would say better safe than sorry. rob: still doing the mask? that's still the update? jillian: still doing the mask. rob: soccer star megan rapinoe.

>> will we see your name on a ballot. >> i'm not shutting the door. >> what are you secretly thinking about running for? >> president, of course. if i'm going to do it i want the biggest baddest post. carley: rapinoe called the president a white nationalist during that interview. she made waves a few years ago by taking a knee during the national anthem. she said she wasn't going to go to the white house even if invited. social media talking about this. one twitter user saying good for her insulting trump and his supporters has worked so well for candidates in the past. another twitter user chiming in saying something that is no longer in the teleprompter so there you have it, guys. rob: only get one on that one. pulled it out from you. carley: i was like where do i find it in my papers. jillian: we have 30 seconds to get to this. another online challenge gone wrong, perhaps. watch. >> i have always wanted to try

it. [o it. >> oh! >> what a way to end the show, guys. got to go. see you. brian: all right. let's go to this to a fox news alert. get this. michael flynn's attorney files emergency appeal to get the judge overseeing the case ticked kicked out. booted. ainsley: comes as declassified email from susan rice the one that see sent to herself raises new questions about what the obama administration was up to, steve. steve: that's right, aptionly. griff jenkins is live in our nation's capital. right now washington, d.c. up in the bureau. griff, it is unusual that a person would send themselves an email on the last day of the job so what exactly was she up to and what exactly does michael