>> we will announce the nominee, somebody will have great respect for. that is a big thing. they set the course of our country for many years to come. >> reporter: it is tuesday september 2, '02, donald trump meeting with his supreme court front runner as top republicans say they have the votes to confirm whoever he picks. jillian: could the pandemic have been prevented? a new report says yes, the president prepares to send beijing a message on the world stage. >> espionage bombshell, nypd officer accused of being a chinese spy. "fox and friends first" continues right now. jillian: we start with a fox news alert. arizona border patrol agent fighting for his life stabbed multiple times while doing his job. jillian: todd: carley shimkus joins us with breaking develops overnight.

carley: the situation turning deadly. the agent was trying to arrest a group of suspected illegal immigrants on the arizona border overnight. one of the immigrants reportedly took out a knife and stabbed the agent multiple times, the agent then fatally shot his attacker. authorities say he was airlifted to an area hospital. his condition is currently unknown. the incident taking place near the border town of novalis an hour south of tucson. patrol agent of the tucson sector revealing preliminary details a few hours ago, the fbi will lead the investigation into the shooting and more information sets to be released later as border crossings rose for 4 straight month in august with authorities making nearly 50,000 arrests. jillian: keep us updated.

heather: nation set to honor ruth bader ginsburg who will lie in repose at the supreme court tomorrow. >> this as the battle over her successor reaches a fever pitch on capitol hill, donald trump hints at some names on his short list. todd: joe biden stays silent on his potential nominees. >> can you believe is only 42 days before the election, the president says there is plenty of time left to confirm and by week's end we will know who the nominee is. >> i will be announcing the pick, five women are being looked at and vetted very carefully, five. we will make a decision probably saturday, friday or saturday. >> reporter: front runners include current federal judges, barbara let go a, allison jones rushing, there will be a brutal fight in the senate.

>> already some of the same individuals who tried every conceivable dirty trick to obstruct brett -- just discourse which and brett kavanaugh are lining up, lining up to proclaim the third time will be the charm. >> by every modicum of decency and honor leader mcconnell and the republican senate majority have no right to fill it. >> the big question now is does mitch mcconnell have the votes? he says he does but democrats only need two additional gop senators beyond collins and murkowski to officially block a nomination is two republicans, signaling support, cory gardner says should a qualified nominee who meets this criteria move forward i will vote to confirm,

chuck grassley signaling to evaluate the nominee on the merits, as much as would be considered support, joe biden is slamming the president over his decision to move forward, or refusing to relist a list of his own potential candidates. 's running mate waiting yesterday. >> whoever is elected should be making a decision about the supreme court period. period. that is how it should be. >> now it is all about the gop lunches, pay attention to those. romney may have a say, joni ernst mentioned, someone who is evaluating though she is more conservative and it is all about the math. we will more today. todd: we thank you. jillian: some democrats and republicans doing an about-face in the vacancy battle but listen to this from 2016 at several democrats said the senate should

do its job and vote on a supreme court nomination. >> the supreme court staff of 9. >> the president nominates and the senate devises and consents or not. but they go forward with the process. >> the american express equal expect merrick garland to be given a fair hearing and a timely vote in the senate, the senate should do their job. >> every day that goes by without a ninth justice is another day the american people's business is not getting done. >> when the constitution is 100% clear the president of the united states has the right to nominate someone to be a justice of the supreme court. the senate's function is to hold hearings and vote. >> chuck schumer now says republicans have no right to fill the seat although it is the sitting president's duty to do so. >> kevin mccarthy lasting democrats threat to stop it from nomination. >> the democrats are so

desperate that they would dismantle our most important institution and now nadler wants to pack the courts and nancy pelosi as speaker wants to try to impeach the president again for doing what the constitution tells -- we have to stand up to her. she is not the queen. she should follow the constitution and the president is required just like 22 other presidents have done, even george washington, putting a name forward about the supreme court. >> get out your calendars, there are 42 days until election day. jillian: authorities in california identifying the firefighter the dead battling the el dorado fire, carlos morton with the big bear interagency hotshot crew, the 39-year-old works with for service for 13 years, remembered as a true hero. the bobcat fire destroying 105,000 acres, at mount wilson

observatory, smoke covering the peak, television, radio and cell phone towers are located on the mound, the fire is 15% contained. todd: tropical storm beta make landfall on the texas code, heavy rain and massive flooding frustrated drivers believe their cars -- submerged in water. some areas could see 15 inches of rain. beta is the lightning storm to hit the continental us this year, that ties a record set in 1916. hurricane teddy causing life-threatening rip current on the east coast as it heads north to canada. jillian: donald trump is set to send a strong message to china at the general assembly. todd: a new congressional report on covid-19 calls out the communist party. >> reporter: donald trump is set to address the un general

assembly where he is expected to call out china for their handling of the coronavirus pandemic, chinese president xi jinping will deliver prepared remarks and the recorded video at the unconventional virtual gathering. a new congressional report details how china could have helped prevent the covid-19 outbreak, the 96 page document authored by republicans and house foreign affairs committee shows china covered up early coronavirus data, the report goes on to state is beyond doubt they actively engaged in a cover-up designed to up you skate data, hide relevant public health information and suppress doctors and journalists who attempted to warn the world. despite early missteps by the chinese government kim jong un for transmission has become one of the hot button issues of the election. yesterday as donald trump promised a vaccine would be ready by the end of next month his opponent joe biden says trump -- the virus was too big

for him. with 200,000 americans dead from this virus the focus does remain on vaccine and treatment development. i want to issue a correction to my report last hour about the cdc. we do know on friday the cdc released newly which indicating coronavirus can't be spread through the air. on monday the cdc roughly removed that document saying it had been posted in error and it was just a draft, the latest misstep by the top public health agency that has people questioning if they are bringing the right information to the american public. jillian: that post did get a lot of attention. todd: donald trump touts a vaccine only weeks away, medical contributor doctor nichols have fire joins us later with her take on that timeline. donald trump celebrating the two high school football players suspended for carrying thin blue line and thin red line flags onto the field on 9/11 the president calling brady williams and jared bentley on stage at

his ohio rally. >> reporter: we are joined by two high school football players that became -- come up here. you are doing great. everybody here loves you and appreciate it. great job. thank you for supporting the heroes of law enforcement, thank you very much, great job. the country has a lot of respect. jillian: williams's father is a chef city, bentley is the son of firefighter, their suspensions have since been lifted. 10 minutes after the are, the doj grants new york city, portland and seattle anarchist jurisdictions. will the potential loss of federal funding force officials to clean up the streets? >> the pandemic sinks to a new low, the virtual telecast ratings disaster coming up.

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jillian: welcome back. the justice department declaring three us cities anarchist jurisdictions for failing to condemn widespread violence, new york city, portland and seattle at risk of losing millions in federal funding. jackie ibanez joins us. >> reporter: leaders in new york city, portland and seattle threatening legal action against the doj and trump administration calling the move unconstitutional after months of violence, destruction and riots, william barr threatening to pull federal funding from the city is labeling them anarchist jurisdictions and claiming their democratic leaders failed to stop the unrest, he released a statement saying in part, quote, we do not allow federal tax dollars to be wasted when the

safety of citizenry hangs in the balance, donald trump taking a hard stance in his push for law and order. >> reporter: the democrat party's war on cops is led to a surge in vicious murders in democrat-controlled cities and biden and the left gain power they will dismantle police departments nationwide. as president i will always stand and will always stand for the men and women of law enforcement. >> reporter: new york city mayor bill diblasio claiming the president is motivated by race. >> it is all about race and it is all about attempts to divide and enthrall his base by attacking the other. this is what this guy does. >> reporter: bill diblasio joined the mayors of portland and seattle in a joint statement saying what the trump administration is engaging in

now is more of what we've seen all along, shirking responsibility in places like elsewhere to cover its failure. new york attorney general a teacher james is prepared to file a lawsuit. todd: joining us to react is former doj public affairs director ian prior. is this going to work? >> something that has been done with regard to sanctuary cities and it depends on where you are as far as where the courts are. in february the second circuit where new york is said the trump administration could withhold funds from sanctuary cities not enforcing federal law. bill diblasio has the toughest case to prove if he wants to go to court because the second circuit ruled on something similar to this. todd: let's look at the main arguments for putting cities on

the list, new york shootings up 170% in july, 160% in august, portland 100 consecutive nights of unrest, seattle allowing chop, the zone of love as they called it, to ban police. if the fed ultimately win really force these cities to allow more federal intervention or is there another way they can come out and continue on their path? >> they can do whatever they want, the question is whether they get federal funding giving certain grants would go to local law enforcement but if those law agencies are not enforcing the law what is the point? bill diblasio running, it is all about race, you have a democrat congressman in new york, staten island that aired a 15-second ad saying to bill diblasio was the

worst mayor in america. it is all about race, safety, the safety of the people who rely on the police for protection, businesses and families, these mayors are completely failing them. if donald trump wants to pick a fight with the people of america, the mayors of portland, seattle and new york start. todd: it seems so logical, do the job, get the fed money but they don't. the burisma report to be released this week, the question, the biden campaign, senator ron johnson gives an ominous warning, what our investigations are uncovering i think will reveal this is not somebody we should be electing president of the united states. with that as a backdrop, not asking you to disclose anything you may know, what do you think this investigation will uncover?

>> i don't think you will see smoking gun evidence that joe biden did anything illegal but you will see conflict of interest, unethical behavior, he will have that shine rubbed off of joe biden and that is good for donald trump because everything seems to be going his way. the supreme court nomination, democrats and their slow reaction to violence in their cities and now something that will put the spotlight on joe biden and right before the debate and we know joe biden will answer questions from the media. the only time he will talk about that is in the debate. we know joe biden is not quite the joe biden he was four years ago or eight years ago. it will be interesting to see the reaction. todd: interesting to see how much the undecided swing state voter cares about hunter biden, joe biden doesn't think they will. we will see. that is why we have elections.

we appreciate your time. jillian: prosecutors digging deeper into jeffrey epstein's past, details about his private island, the rich and famous was kept secret. ted cruz warning we could have a repeat of the 2000 presidential election in 2020 but without a full supreme court. >> what we saw in florida inverse buses gore -- bush versus gore, if joe biden loses we will see all over the country. when you're through with powering through, it's time for theraflu hot liquid medicine. powerful relief so you can restore and recover. theraflu hot beats cold.

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jillian: small business owners facing a dire warning to pass the coronavirus package before it is too late.

>> the small business roundtable has written an appeal to congress. 30 million small businesses, if not another round of stimulus there would be unprecedented amount of business failures, in the letter they right unless congress provides additional relief, business failures the next several monthss will skyrocket, it will be impossible for additional measures to come online until after the election in 2021. asking congress to offer another round of the paycheck protection program and loan forgiveness for businesses who took out loans this year. >> several cruise lines submit their plans for covid-19. how will it be possible to have everyone in masks when you were eating, drinking etc. on a cruise ship? >> the point of going on a cruise is the eating part but

the cruise industry is a troubled business, they will test all passengers and crew before they board the ship. they hope the cdc will of the no sale order which is currently in place, they don't say which tests they will be providing because there are a couple different test was all passengers will wear masks and socially distance. i am assuming unless you are eating or drinking. todd: my parents think they are going on one a couple months. i don't know. with that i'm confused by this story, airbus unveiling a futuristic concept, powered by hydrogen. it is my understanding based on the hindenburg situation hydrogen doesn't work. jillian: hydrogen is volatile,

you're correct, these are the planes they sent out, just images and video, not real planes, prototypes. they want to produce airplanes powered by hydrogen, three different concept planes, 0 emission airplanes, carbon free by 2035 which critics say is too ambitious, the planes will carry 120-200 passengers, holding 100 passengers and in the best blended wing body, that one, i report, you decide. there are a lot of questions about hydrogen powered airplanes. jillian: i will not the one of the first ones to try that out. todd: we figured out the flying thing, don't need to reinvent the wheel but what do i know? jillian: 26 minutes after the hour. nypd officer accused of spying for china, the community, the officer literally tracked for the communist party.

todd: the president says the coronavirus vaccine could be ready by the end of next month, doctor nicole safire on the timeline next.

>> this is a country that is divided, a lot of anger, joe biden has been explicit that if he doesn't win on election day he will challenge the legitimacy of this election. we remember what happened in bush versus gore. i was part of a legal team representing george w. bush in bush versus gore. what we saw in florida in bush versus gore with litigation challenging the election, if joe biden loses we will see all over the country and if democrats succeeding keeping this seat vacant there would be only eight justices on the supreme court, eight justices, if they divide

numfour-numfour they can't make a decision, the court has no authority. heather: crew sounding the alarm done a split court is democrats and republicans far over who should be allowed to replace ruth bader ginsburg's up in court seat, donald trump narrowing his list of nominees telling "fox and friends" when he will announce his pick. >> i think it will be friday or saturday. we should wait until the services are over for justice ginsburg. todd: lindsey graham saying he is confident they have enough votes to confirm a new justice. >> we have the votes to confirm justice ginsburg's replacement before the election. we will move forward in the committee, report the nomination out of committee, so we can vote before the election. >> protesters surrounded his home demanding he and fellow republicans hold off on confirming a new justice until after the election.

jillian: donald trump announcing a covid-19 vaccine as soon as next month, with pfizer at the forefront of development. >> long before the end of the year, maybe by the end of october. pfizer is doing really well. if this were obama and biden they wouldn't have this vaccine another 2 and half years. jillian: dr. nicole saphier joins us now. good to see you. this is the news everyone has been waiting for to see when we will have this vaccine. when you hear we could have something by the end of october what does that mean? >> it is great news, we have multiple vaccine candidates in late stage clinical trials, pfizer, astrazeneca and moderna, all three, 30,000 participants, some of them have expanded the

goal to 44,000 with diverse populations to test the vaccine on a more diverse america. because they recruited so many they expect interim analyses of their data to be coming out october or november. it is possible if they have enough at the time of the interim analyses they will be able at that point to authorize the emergency use authorization and that is what we are watching for. it is possible they haven't updated the fda can move forward with the approval process which would be a wonderful thing if they have enough data. drugmakers doubt they would not put forth a vaccine until they have enough data but because of operation warp speed they are manufacturing the vaccine so the moment fda approval comes if and when it comes within 24 hours

the president has vowed they will be able to distribute some of those vaccines. it will not be just to general america over the next day but a tiered response. you will see people who will get the first stage of the distribution will be frontline healthcare workers, the highly vulnerable. the administration's goal to get the vaccine out to those most vulnerable by the end of 2020. is it possible? of course it is possible. i won't give a date on it. it depends how much data comes from the analyses. the good news, it is not good news but the good news is we will probably have good data because we still have areas where there's community transmission of the virus which is why we are able to get such data but we won't see generalized distribution of this vaccine for spring of 2021 or early summer but we want to get it out to the most vulnerable and make sure it is done a

proper way, safe. jillian: look at this poll i want your opinion on, the question becomes who will get the vaccine and if you look at this, 26.7% said they would take it as soon as they can, majority of people say they would wait for others to take it, 23.3% say they wouldn't take the vaccine, some are undecided, small portion said they would refuse to take it, the question is if you have people in this country, even a quarter of people who don't want to or refuse to get the vaccine is that going to be okay for the rest of the people who want to take it and protect themselves? >> we don't expect everyone to get the flu vaccine, not everyone gets the flu vaccine but enough get it and enough exposed to it that we return immunity and that is the goal. partisan politics have inserted

themselves with the covid-19 vaccine. it is unfortunate as we head towards november election day. it is important democrats and republicans trust the fda. we have the best scientists, the best researchers doing what they can to get the vaccine out and it is not helpful for anyone to play partisan politics when it comes to the vaccine. we need to have unified support to get the vaccine out and make sure the american people feel safe taking it and they have to remember by the time this it, fda approval, 100,000 people will have taken some form of covid-19 vaccine. it would not get fda approval is not proven safe. i will be someone who will support the vaccine process as soon as it comes. we need to reach a level of herd immunity. we will not get there naturally. we need this vaccine to get back to our normal american life. jillian: once we get closer to that process we will talk to more about it.

thank you for the information. todd: a fox news alert, border patrol agent flown to the hospital after being stabbed trying to do his job. border patrol says the unnamed agent, with trying to arrest suspected illegal immigrants. they stabbed the agent several time before he was shot and killed. unclear how the agent is doing. us virgin islands prosecutor seeking jeffrey epstein's whitelock starting in 1998. the move causing panic from the rich and famous, the attorney general filing a lawsuit acknowledging multiple counts of rape and prostitution according to the mere publication. epstein lives in the virgin islands for several years, died in a new york city jail while awaiting trial on sex trafficking charges. nypd officer arrested for allegedly acting as a spy for china.

officer andone, federal process acute is a he secretly informed the chinese government of potential threat since 2014. he allegedly attempted to recruit others. he is being held in a federal detention center facing charges of espionage, wire fraud and lying to investigators. 38 minutes after the hour. another phrase i never said in my life with a hand sanitizer celebration. jillian: viral moments on the way to a big win in the los angeles -- las vegas debut next. ♪ an important message from medicare.

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>> tropical storm beta makes landfall on the upper texas coast unleashing heavy rains and massive flooding's, stranded drivers. 15 inches of rain.

beta the ninth named storm to have the continental us. that ties a record in 1916. and we go to janice dean. you want us this season would be active and you are right. >> in 2005, on the gulf coast, katrina, rita, we went into the greek alphabet and here is beta, made landfall last night near port o'connor, texas and continues to bring heavy rainfall as the system is stalling along the coast, flash flood warnings around the houston area and we are stretched into louisiana. it will be with us for a number of days as it continues to creep along the coast and move

northeastward. here are the rainfall totals, 4, 6 inches of rain, on top of what we are seeing in portions of southeastern texas. there is the track. it is weakening which is great news but the fact that it is lingering and not moving quickly, the potential for flash flooding, tomorrow into thursday. there is hurricane teddy not going to impact the us, it will be a tropical storm, extratropical storm moving through canada and the surf is dangerous, my husband was surfing on long island, couldn't even go in the waves were so high. a pretty good surfer. took the day off. todd: nobody -- tdf speaks night

hitting the new record low. 6 million people really low. watch the emmy awards breaking below deck on 6.9 million viewers, this year the emmy support the nypd, and there you go. >> the las vegas debut with an upset whenever the saints, the first game in the new stadium. one player celebrating a touchdown in fitting fashion. >> why wouldn't you. it is a touchdown. jillian: pretending to give his teammates hand sanitizer, 34. todd: they did utilize hand sanitizer but they get very close to get there. a violation of social distancing. 40 minutes after the hour, let's

check in for what is coming up, start the flag on that. >> the raiders still won, 15 years in oakland, good job. martha mc sally in a battle for the senate seat, one that could be critical, the supreme court nominee. making her case with us and congressman doug collins in the fight to be the next center, constitutional amendment that will prohibit, and congressman stepanek, the president of the united states when democrats tried to impeach him.

the supreme court, also on deck unless i misread the rundown. second lady lynn cheney will be here live, sarah huckabee sanders, the book is doing extremely well. we can't find a tie these days. lawrence jones with quality time. you know jesse james stagg as a country music stinker called fashion entrepreneur. trying to beat steve doocy to the punch. whipping up fried breakfast tacos which we will not eat but will watch, don't miss it. ♪

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>> mark live in blasting chuck schumer say nothing is off the table of the gop forward with

plans to replace ruth bader ginsburg. >> if we win the majority everything is on the table. if we don't when the majority's questions are all moved but if we win the majority everything is on the table. todd: this is 11 calling him a fascist. >> chuck schumer said that if donald trump, the president for four years nominates somebody to the supreme court while he is the sitting president and the republican senate while they have the majority vote to confirm justice to the supreme court. schumer said everything was on the table. the constitution gives the senate little on one senator the power to, quote, put everything on the table?

these are the words of a fascist, brown shirt, of a totalitarian. the constitution determines what is on the table. todd: the president expect to pick a name friday or saturday. >> moments like these help the president show his strength. >> republicans need to wake up, one of the reasons i see donald trump in a different light in 2020 than i did in 2016. he is the one guy leading the fight. backed off of brett kavanaugh or let him hold the nomination, not donald trump. he fought all the way because he put a spine in so many republicans and that is happening in the november election, he puts the fight and people, he would see a packed court, eliminate the filibuster, all of that. >> professor brandenburg joins

us live on the state of the economy next. . .

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taking to the west. todd: brian brenberg joins us now. let's look at the polls at viewers can see on the screen there trump is up 3 in ohio. but the president is down 6 in wisconsin. what does president trump need to say to get his workers there in the chief state that four more years of him is better for them? >> yeah, well, the polls are going to shift a lot, todd, in the coming days because there is a lot of election left despite the fact that we are getting close to november. and voters are getting more and more concerned about the economy if you look at the polling and what issues continue to rise to the top the economy is going there the president is in a good spot. we got data last week showing us 2019 we saw the higheste median incomes and lowest poverty rate in decades. the president has a track record that speaks to worker opportunity, that speaks to wages. and he is out on the campaign trail selling that is he buying

television ads and campaign ads. selling that story to voters. joe biden, by contrast is talking about seeing and hearing america's workers but the president is saying he is been in dc for nearly 50 years. if he has seen you and heard you, why hasn't he done something about it yet. jillian: take a look at other numbers here. these are numbers from wall street. as we pull them up on your screen. these are the forecast g.d.p. race as compared to april, 13% june. 18% today. 25.2%. the question is and wall street is implying that the recession is over. is it when you look at americans on unemployment, it's at nearly 30 million. so do you think the recession is over, brian? >> yeah. the recession being over doesn't mean we don't have a long way to go. we do have a long way to go. the fact is this u.s. economy -- and this story does not get told enough, has far exceeded all of the expert expectations for how

far quickly it would come back. whether that's consumer spending, whether that's jobs. whether that's the housing market, so, it's the economy is fundamentally in the right place it. has the potential for future growth. the question for voters is which of the candidates can help that growth happen? which of the candidates continue to lead the recovery. that's the pitch they are trying to make on the trail right now. the president has the chance to say look where we got in 2019. we can get there again. it's tougher for joe biden because his track record just isn't as good. and his policy proposals are much more radical and that's beginning to spook voters, especially in some of these key swing states. todd: brian, you keep mentioning 2019. you actually have an op-ed out discussing the record-setting economy in 2019. we will pop up on the screen what we saw last year, obviously the year before covid. brian, i'm wondering, we live in a very what have you done for me lately society. do you think voters are going to

give trump credit for last year when they are in that voting booth on november 3rd or if they vote in the next couple weeks early? >> yeah. here is why i think it matters. if you listen to joe biden. he is going back and he is trying to make the case that president trump didn't achieve these kind of gains in the pre-pandemic economy. president trump can point to just a few months ago and say do you remember that? do you remember before this coronavirus hit the opportunities, the wage games? i can get you there again. we can do it and we are already on the way. that's hard for joe biden to argue against. yes, people want to know what have you done for me lately, but the fact is this is what the president had done for people lately. and the pitch he is making he can do it again that's going to be very hard for biden to counter. he just doesn't have the track record to do it. jillian: one of the many things people are going to be voting for if they are not already starting to vote as todd

mentioned next few weeks or november 3rd. we will continue to follow it we know you will as well. brian brethren berg thank you for joining us as always. we appreciate it? >> thank you. todd: set your dvr every morning so you never miss a moment of fox and friends first. jillian: fox and friends starts right now. have a good day. ♪ ♪ we back ♪ we back ♪ steve: 6:00 in new york city in new york city on this september 22nd, 2020. welcome to this fstlesz for this tuesday. 42 days until the election. and it's either three or four days until potus makes a scot tus announcement. ainsley: he was on our show yesterday and he said it will be friday or saturday, sources are telling us, john roberts in the white house is telling us he did