rob: happening at 4:00 am we are hours from the first quarter of the fired atlanta officer charged in the death of rayshard brooks. in a dispatch call raises a red flag on after -- officers calling out. >> if you can reach out with an opinion. rob: the new audio revealing how hard the blue flu hit the atlanta pd.

jillian: supreme court showdown after the chief justice, vowing to name new justice pics, illegal clashes dreamers celebrate the victory. rob: everyone holding out hope for football but doctor anthony fauci has thrown a wrench into the nfl's plans. "fox and friends first" starts right now. jillian: good morning, you're watching "fox and friends first". >> president trump will release a new list of supreme court nominees if the court rules to uphold theaca. >> the second time the supreme

court, they cannot legally discriminate against gay or transgender people. to end that the aca immigration program, the president responding he will release a new list of his conservative supreme court justice pics by september 1st, tweeting i will only choose from this list, based on decisions they render now, the list is more important than ever before, second amendment, write a letter from religious liberty etc.. john roberts sided with liberals on the decision saying we do not decide whether theaca or its decision are sound policies, the wisdom of those decisions is not a concern. the procedural requirements that it provided a reasonable action.

senator ted cruz slamming the chief justice for his recent murder -- movement. >> john roberts was on the wrong side, roberts wrote the opinion, john roberts and the four liberals in the opinion is it is a joke. he is playing games. >> and the victory made possible by the courage and resilience of hundreds of thousands of daca recipients who refused to be ignored and as president i will get to work immediately to make it permanent. daca recipients celebrating the ruling. >> one day, built a home in the community, and look forward to the graduation.

>> justice clarence thomas objected, the court's decision to provide a politically controversial, legally correct decision. jillian: we will have more on this later, thank you. rob: the court siding against the president has some conservatives pretty concerned, worried about checks and balances and whether the highest court overstepped on a policy that should have been debated in congress to begin with. >> i was stunned. i don't think you can lose this one. what do i know? i think clarence thomas said it right, the daca program created by president obama is illegal on its face. now president can say 7000 people here legally all of a sudden have legal status no matter how sympathetic the cause may be. assuming daca the memo by

nielsen explaining why the administration wanted to rescind the policy was more than adequate, certainly not capricious and arbitrary. i disagree with the court. i like john roberts, he is a smart guy but the politics have changed dramatically. the court was arbitrary and capricious. rob: daca has been in place since 2012. >> two firefighters are hurt badly a massive hotel fire, flames erupting at the porterhouse hotel overnight. suffering smoke inhalation, one in a stairwell and crews used a tower letter to pull the other out through a fifth floor window. both are expected to be okay. everyone got to the hotel safely. no word what caused the fire. rob: a police officer charged with murder in the death of

rayshard brooks, turning himself in to authorities overnight. jillian: the second officer charged suffered a concussion during the incident. he spoke out for the first time after being released on bail. >> i'm looking forward to cooperating with any investigators interested in this. what happened that night. jillian: the funeral it was hoisted away from georgia. a judge ordered the monument be taken down saying it had become a lightning rod for racial tension. rob: ted wheeler blasting the autonomous zones in his city and in seattle. >> i'm watching what is going on in seattle and not impressed. i think it's a distraction from

the larger movement, the movement is justice for black people. >> protesters creating the autonomous zone after city council did not meet their demands on police budget cuts. a business owner in seattle's chop is sounding off on the mayor. >> downtown has been decimated. all you see is plywood, more particleboard and art supplies, they have crayons, spray paint and more particleboard to occupy their down time. that is the craziness happening here. rob: occupies have taken over seattle streets for two weeks now. chaos breaks out at a cincinnati city council hearing after one resident demand more money for police. >> the police department should have the sole discretion on how to spend the money is sees fit. the reason for funding the police department is good. the police department is underfunded.

rob: the man being loudly booed cutting the hearing short as protests erupted inside before spilling out on the streets. city council canceled today's meeting. jillian: joe biden respond after amy klobuchar withdraws from consideration as his running mate. the minnesota senator calling on the former vice president -- >> america must seize on this moment and i truly believe this is a moment to put a woman of color on that ticket. there are so many incredible qualified women. >> the% of democratic presidential nominee, quote, from the moment in a snowstorm it wasn't hard to see you had the grit and determination to do anything you set your mind to. we are going to beat donald

trump. >> it just keeps growing. the arena asks the president's campaign for a detailed safety plan ahead of the planned rally. officials are worried about the spread of birx. they are considering delaying the rally over health concerns. rob: 26 states seeing a rise in confirmed coronavirus cases. florida shaping up to be the next epicenter of the virus according to scientists at the university of pennsylvania, the risk is the worst it has ever been. the state moving to a record high cases this week. in texas they are seeing record-breaking coronavirus cases as well reporting 4000 cases in just one day. governor gavin newsom requiring people across the state to wear

masks in indoor and outdoor spaces. >> marking the end of slavery in the united states has millions summary john cornyn is introducing a bill to make it a federal holiday. >> an opportunity to reflect on our history. the mistakes we made and why we have come a long way. we know there's more we need to do. jillian: the companies including huber, target and nike have designated juneteenth a company holiday. rob: the supreme court upholding daca. >> it is clearly unlawful. and >> >> can the administration try

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jillian: the supreme court upholding the obama administration order protecting daca recipients in the president's agenda. rob: john roberts made clear the administration has the power to rescind theaca but they didn't get the process right with can white house try again? joining us with their expert opinion from the judicial crisis network gail trotter. on procedural grounds, why are they trying to fix the procedure to run again? >> reporter: they can and should continue to litigate it, the judicial branch dropped buckets of sand into what should be a

straightforward process, and unlawful executive action. chief justice john roberts strikes again. if biden were to win the theaca decision is gone and lawless people would have been able to weapon eyes the court to for a president, the rule of law in the system of liberty is supposed to work. >> what clarence thomas has to say, today's decision must be recognized for what it is, a politically controversial and legally -- the future political battles to be in this court. i understand your point with the

timing of the election. there is a procedural issue with it. >> justice thomas's opinion was spot on, and unlawful action by the prior administration, there is legal reasoning in this. if you think about it chief justice john roberts, with the legal wing of the court to rule 5-4 to say the trump administration cannot legally undo what the obama administration did in creating theaca out of thin air. it is a brazen double standard anyone can see from the outside and justice thomas goes into this in his opinion. how the court doesn't want to get into this but they are opening the floodgates, more political battles being taken to

the court and that's not the way the court is supposed to operate. rob: the president not happy with this decision, he tweeted the following to the court as a whole. politically charged decisions coming out of the supreme court. shotgun blasts into the face of people proud to call themselves republicans or conservatives. we need more justices or we will lose the second amendment and everything else. back to daca. the case is back at the supreme court. he says i don't care about it, does that make it moved in the supreme court during biden's term? >> reporter: the government if biden were elected could stop litigating it and in this case dealing specifically, chief justice john roberts promised

when he was nominated not -- to be chief justice, that he would be a fair independent umpire calling balls and strikes but in this case we are seeing john roberts has proudly assumed the jersey of the anti-trump forces, chief justice john roberts was not donald trump's pick. we saw in the 2016 election, voters went and voted. the majority of them voted for donald trump. we will see this continuing to be a huge issue. jillian: we will continue to follow this. thank you for joining us. >> great to be with you. a biden campaign blitz, $50 million of and poured into six battleground states.

jillian: the numbers add up to victory for the presumptive democratic nominee. ads are no match for his connection to voters. that is next. you doing okay?

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>> minnesota senator amy klobuchar withdrawing her name from the list of joe biden running mates. >> america must seize on this moment and i truly believe as i told the vice president this is a moment to put a woman of color on that picture and there are so many incredible qualified women.

rob: cassie smedley joining me live to weigh in. thanks for being here. your reaction to klobuchar's statement? >> reporter: amy klobuchar knew that her past as da where she was considered -- letting bad cops go would be hard to reconcile with the conversation we are having our country right now but i have to say for voters i think is a voter you want to know joe biden's vp candidate is the best person for the job in the democrat party continues to put all these parameters on it to make sure he is checking from boxes. it is a little bit troublesome. is that the best person for the job, or how that will check the boxes. rob: joe biden tweeted from the moment you announced you were running for president in a

snowstorm it wasn't hard to see you had the grit and determination to do anything you set your mind to. you know how to get things done. with your help we are going to beat donald trump. if biden does take an african-american woman does he more or less lock up the african-american vote? >> you have to talk about your record of results. a problematic record of results, the 94 crime bill, when you look at problematic comments, a 40 plus year career in politics. then you look at donald trump and what he has done with criminal justice reform in the first step act, opportunity zones, record funding for hbc you and a big first step, the including the obama biden administration you are not willing to take. regardless of who is joe biden's vp pick, they look at who is

delivering results for me, it can't just be the look of things. donald trump has shown a record of results. rob: biden launching his first real tv ad bits on the 2020 general election season, spending $15 million targeting key battleground states won by the president in 2016. more than biden's advertising bits. >> you've got to have an in person connection with voters, can't just hide in your basement. joe biden, no one pressuring him to come out of the basement, his handlers don't want him out of the basement, this is like a sequel to weekend at bernie's the weekend at biden's, they hope they can manufacture the look of a candidate without him having to get out with voters, donald trump the minute he announces he is getting back out on the rally circuit has more

than 1 million people requesting to show up and not only that but these are new people coming into our party and into our movement saying when are you coming to my state, so much enthusiasm for donald trump for results delivered by the country and you can't manufacture that with a couple advertisements from joe biden's basement. rob: we have this fox news polls showing biden on 12 percentage points on donald trump. that was the same gap present in 2016 when hillary clinton had the same lead over donald trump. it will be so interesting to see how this plays out over the next five months. cassie smedley, thank you for your time. >> protests in portland, slashing the police budget by $15 million. activists say it is not enough.

one of the biggest casualties and cuts is training. will that make us safer as americans. kim thatcher says police need our support and joins us with the message. guys, it's that time... and nothin's happenin'.

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jillian: we are back with a fox news alert, two firefighters hurt having a massive hotel fire in the french quarter. at the porterhouse hotel overnight, crews are on scene right now. rob: severing slogan relation, both expect it to be okay. everyone else escaped the hotel safely. no word on what caused the fire. the former atlanta officer accused of murdering rayshard brooks will face a judge, turning himself in overnight. jillian: a major fallout among the police department. >> garrett roles will face a judge.

roslyn was booked and released two hours on a signature bond while roles is still in jail this morning as a witness to the deadly shooting speaks out for the first time. >> i might as well kill myself. i am glad the family is getting the justice they deserve. >> reporter: charges against the officers appearing to shake the law enforcement community despite atlanta authorities reporting a shortstaffed department, dispatch audio from wednesday night. >> the units also. >> the atlanta police foundation

with $500, and in the pandemic. in addition to recent protests, georgia black the blue. >> the few who violated their oath, failed to express deepest appreciation for them anymore who uphold it every day. >> reporter: there are rumors of an nypd strike, encouraging officers to call out sick, nypd cops will strike on july 4th to let their city have independence without cops. officials denied a report saying fox news city police officers will be here today, tomorrow and on the fourth of july to protect all new yorkers. jillian: cities across the

country are starting the growing defund police movement, philadelphia police are the latest facing a $33 million cut preliminarily approved by the council. rob: that is on the heels of $13 million cut in portland, oregon, protesters gathered outside the mayor's home furious at the $50 million demand, kim thatcher does not support any money being reallocated. thanks for being here, you call this movement cut police budgets irresponsible. >> absolutely irresponsible. you don't throw the baby out with the bathwater. there are troubles, trust issues between communities that law enforcement needs to be dealt with. we need to make sure we are doing our best for all people and not having these issues you don't defund and get rid of the law enforcement officers helping

keep communities together. they are bad apples definitely and that needs to be dealt with. trying to succumb and create policy with a gun to your head, and we need to sit down and know what this looks like. there are emotional demands out there to do one thing or the other. causing more harm to the community, i think there are a lot of good things that come from this dialogue. it is not the way they do it. jillian: in addition to the dialogue, people want to see action taken, let's go ahead with reform. what

appropriate step? >> a number of things. there is a bill at the legislature that almost made it through last session with wide support, not overturning discipline measures, by being arbitrators for instance. portland was a founding city of community policing and we put that in place in the 80s and that did a lot of good and that went by the wayside in portland, looking to reinstate community policing bringing accountability and make sure the officers, they know the community members can interact with them. getting rid of resource officers is a huge mistake as well. those resource officers can be there as a contact for the kids,

coming is running into walking to school or heading home, they can talk to and gain these relationships and learn and learn that law enforcement is not out to get them all the time. people who feel that is the case. d funding police and cutting down on law enforcement will put more harm in the pathway than is good. rob: interesting situation specifically in portland, $50 million cut in the open but these individuals wanted 50 million, 84 positions were eliminated. the goal of keeping our

community safe, seems you are taking people out, and in the 10 seconds we have how would you balance calls for reform with the need to keep the state safe? >> auditing is what the secretary of state can do, present those and policies can be informed with those facts and that is how we should be proceeding. not just emotion and demands. jillian: we appreciate it. rob: switching gears, kobe bryant changed a helicopter's take off time the night before his deadly crash. investigation showing bryant moved the flight 45 minutes earlier than originally planned. investigators believe the pilot may have become disoriented when the chopper crashed into a california hillside in january. bright, his 30-year-old daughter

and 7 others died. jillian: congressman matt gates revealed he has been raising a boy from cuba after clashing with a lawmaker over race. >> in the store is the light of my life, i couldn't imagine loving him anymore if he was my own flesh and blood. jillian: the florida congressman telling tucker carlson nester came from cuba when he was 12 years old. he is now 19. he went public after fellow congressman implied he doesn't know what it is like raising a nonwhite child. >> i'm embarrassed for the united states congress the we resorted to criticizing each other based on our race in the race of our children. i wish we would be more productive going forward. >> reporter: gates says raising nester is the most rewarding thing he has ever done. rob: mike pompeo slamming john bolton as a traitor at of his book release.

it is that a dangerous that john bolton as final public role is that of a traitor who damaged america by violating his secret trust, john bolton asked the judge to toss the doj lawsuit to block his book calling it an attack on the first amendment. the doj filed suit earlier this week thing bolton's book puts national security at risk. jillian: rob manford is rejecting a proposal by the players union for 70 game regular season. earlier there was a framework for a 60 game season starting july 19th. union members rejected, to next are games that translate into $275 million more pay for players, despite the difference, still expect to resume spring-training next week. we will see. rob: prematurely celebrated a bit yesterday but whatever. as the country begins to return to a sense of normalcy from the pandemic a new study suggesting

coronavirus was present in hard-hit italy back in december but now the country is starting to slowly reopen. jillian: amy kellogg got a look at how the crown jewel, florence, is accommodating visitors. >> all alone, quiet time and i love it when it is just me and my boy, the jewel in florence's crown, the renaissance treasure chest is open again after the long coronavirus lockdown. black dots markout social distancing, masks are required and groups include no more, the museum is closed but even during opening orders it provides a different experience these days. >> still the opportunity to set it right to have one of these rooms all to yourself. >> the situation i think we can

only compare to when they have their art collection, you can concentrate on these great masterpieces from the past. >> reporter: from pompeii to the coliseum a rare moment to experience low tourism in italy. venice whose canals went crystal-clear during lockdown is already protesting the inevitable return of mass tourism though they need the tourists to come back. >> the next few months set a new gold standard and stick to it. >> reporter: that was amy kellogg reporting. italy started reporting late last month was one of two european countries that rolled out a contract to present -- prevent a second wave of coronavirus. america marks juneteenth, marking the end of slavery.

>> more people than ever are celebrating, a powerful history lesson coming up next. when we started our business

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the 150 fifth anniversary of juneteenth. jillian: an expert the significance of the day congress is pushing to declare a national holiday. joining us is cross-cultural engagement at indiana university of bloomington, thank you for being here. >> good morning, everyone. jillian: tell us what it means to you and what you want us to know about it? >> juneteenth is the celebration of the day major general gordon granger took the army into galveston, texas to deliver order 3 which essentially was the emancipation proclamation. juneteenth happened on june 19th, 1865. the biggest contextual point, that was two fool years after

delivery the emancipation proclamation and two months after general robert e lee officially surrendered. the emancipation or notification of emancipation was delayed getting to texas for a reality that historians argue about. the reality that at that point, all enslaved african-american people were officially freed from a legal standpoint within the country. for me, juneteenth is one of those reminders that the experience of in-place african-americans, brought people to this country have been a little different and included additional challenges that may not have been traditionally related to everybody in their history classes. celebrity juneteenth is an opportunity to get the whole world, the whole country to

value the history, value contextual people. rob: along those lines this is a popular holiday in texas. others through the course of the nation don't necessarily know the significance. john cornyn introducing a juneteenth bill, take a listen. >> an opportunity to reflect on our history. the mistakes we have made and why we have come a long way, there is more we need to do. >> juneteenth is an opportunity for the entire nation no matter color to come together in unity. >> it is not just an african-american or black holiday. juneteenth is american history. it is something that can be

created in this nation. for it to be seen as a broader holiday where everyone is taking a moment to acknowledge and remember or learn of its history is something all of us should be proud of and take part in. the political and racial unrest we are seeing across the country. this is an opportunity for folks to put their individual frustrations about the call for black lives matter, it is end to police brutality in specific, to understand the formation, longest standing issues in the country, one of which is race and racism.

jillian: thank you for spending a few minutes with us. appreciate it. >> thank you for having me. we will be right back. you doing okay?

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jillian: football fans, did you hear this? brace yourself the bad news from doctor anthony fauci who said a season may not happen in the fall. todd: come on! carley shimkus with serious xm 115 it was twitter's response, anthony fauci going lucy charlie brown honest taking our football away. >> that is yet to be determined but it did surprise a lot of people because football is in

the fall so many assumed it would be the least affected by coronavirus but listen to what anthony fauci said, less players are essentially in a bubble, the latest from the community they are tested every day. it would be hard to see, why does he think that, the possibility of a second wave in the fall being made more complicated by flu season could make this, the medical officer says they are doing everything to prepare. this is no easy task, a lot of users on social media feel as frustrated, anthony fauci, i need football like i need air. he will change his mind again. it doesn't have faith in the good doctor but aaron says he is right, the nfl needs to realize,

some players are going to get sick. it depends on how to mitigate it. jillian: i will go ahead and say there should be football. the debate continues. jillian: people itching not just for football but going to the movies. he's not going to require patrons to wear face masks, he says we do not want, might be counterproductive to force mask wearing the people believe strongly it is not necessary. mask wearing isn't required. if your city or state requires you to wear a mask you have to wear one in that theater but because they were political, that is what people are talking about, there is nothing political about masks.

they are going through great lengths to clean their theaters, to keep air clean. they will start reopening on july 15th. jillian: thanks. rob: thanks. in the next hour of "fox and friends first" it is potus versus scotus, supreme court upholding daca despite white house calling it unlawful. jillian: trump advisor jenna ellis joins us to react. are you sick and tired of looking and feeling heavy? probioslim promotes healthy digestion and helps you lose weight. patented probiotics ease constipation, gas, and bloating, while powerful egcg burns fat and calories. unleash your potential with probioslim, the #1 probiotic fat burner at walmart.

>> we are hours away from the first court appearance for the fired atlanta officer charged with murder in the the future, the other officer involved is speaking out. >> full faith in the criminal justice system. what happened that night. >> new calls for an independent district attorney in the controversial case. >> the supreme court showdown after the nation's chief justice goes against him on theaca, vowing