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 meet with amy coney barrett and

he does plan to meet with barbara lagoa. she is distant second and amy barrett seems to be the favorite right now, brian. brian: he said there are five. we don't know who the others are. one week until the debates which i think we will be able to watch. ainsley: next tuesday. brian: the whole world is going to watch it. ainsley: right here. steve: i think my mother i dacaa is on that night. brian: the nation set to honor ruth bader ginsburg. the late justice will lie at the supreme court tomorrow. steve: this as the battle over her successor reaches absolutely a fevered pitch on capitol hill. ainsley: griff jenkins is live in washington with the war of words between republicans and democrats. griff? griff: it's going to be a war. good morning, anxiously, brian and steve. let's unpack some of that 42 days to go. the president said yesterday to you guy no, sir worry, plenty of time to confirm a nominee and we'll find out by friday or saturday that a frontrunners do

include current federal judges already confirmed, amy coney barrett. barbara lagoa and 38-year-old allison jones rushing. perhaps not at the top of the list but if she were confirmed she would be there for decades indeed. whoever it is, despite previous confirmation, they are in for one of the most vicious fights in the senate, perhaps ever. >> already some of the same individuals who tried every conceivable dirty trick to obstruct justifiable gulch and justice kavanaugh are lining up, lining up to proclaim the third time will be a charm. >> they have no right to fill it. griff: it's really all about the math now. does mcconnell have the votes he? says he does. democrats only need two additional g.o.p. senators beyond collins and murkowski to

defect to block a nomination. but the too late. signaling support. cory gardner that statement we should put up there he said should have a qualified nominee meet this criteria be put forward i will vote to confirm. chuck grassley says he is willing to evaluate the nominee on the merits. joe biden is slamming the president over moving forward while refusing to release a list of his own presidential candidates something president trump took a shot at yesterday. >> they don't want to show the judges because the only ones that he can put in are far left radicals and if he does something even toward left of center, he would lose the left if you found out who he was going to pick, he would be unelectable. hopefully is he going to be unelectable anyway. griff: the one to watch today senator mitt romney who has yet to declare his intentions. g.o.p. lunches, maybe he will talk after that. if he were the only one

republican, vice president pence would have to break a tie to confirm and that's something that's never happened before with the supreme court justice confirmation. brian, ainsley, steve? brian: a lot of drama. thanks, griff. joni ernst is somebody who hasn't committed yet but doesn't seem to be against it will likely go forward. if you are in a close election in a purple state like iowa, perhaps perhaps and like colorado. this will hurt you. if you are in a tough election in a red state like mcconnell and lindsey graham, this will help you. lindsey graham in a tough spot. 2016 he said hold me accountable because if in 2020 after the first term of a republican president, if i vote in the last year for a supreme court justice, candidate, hold me accountable. but last night he made it clear, things have dramatically changed, so has the country. so has the tone. all about kavanaugh. watch. >> we got the votes to confirm justice ginsburg's replacement before the election. we are going to move forward in

the committee. we will report the nomination out of the committee to the floor of the united states senate so we can vote before the elections. that's the constitutional process after kavanaugh, everything changed with me. there they are not going to intimidate me, mitch mcconnell or anybody else. name of one liberal justice nominated by a democrat that had their life ruined. they are talking about changing the electoral college. if they keep the house, the senate, and the white house, this country will change fundamentally. the only thing stopping them is you, the voter. brian: packing the court is something very much on the table that joe biden hasn't ruled out. that kamala harris seems to have supported that jerry nadler says we are definitely going to do it. so that's going to be an issue, the electoral cleaning definitely an issue simple majority and senate goes to the democrats. add this up, steve. as you know, the money is pouring in for democratic senate candidates. the minute the passing of ginsburg became official the money started of pouring in for democrats. the question is what's at risk politically if you do this before the election?

steve: great question. politically, donald trump and his team feel that she amy coney barrett would help him with evangelicals and with catholics. and particularly with catholics in swing state like pennsylvania, which is very important to the president. and the president and his team like the fact that this is changing the subject from coronavirus to something that showed that he is fighting for them. and he thinks that that is politically a winner. but then on the political left, you know, we have already heard from democrats. yesterday on msnbc, nancy pelosi said with this pick the republicans are coming for the affordable care act, they are coming for women's rights. they are going to take away your clean water. i'm not making this stuff up. they are going to take away your clean air. she said they are coming after your children. protect your children nancy pelosi said yesterday. steve: meanwhile the mainstream media is portraying amy coney

barrett as essentially anti-abortion and religious conservative and you get the feeling they don't like it. you be the judge. >> whoever president trump nominates would move the court firmly to the right. making it solidly conservative. one of the leading contenders, clearly opposes abortion rights. >> a devowted catholic, she is a favorite among religious conservatives. >> seven children, devout catholic. she would energize anti-abortion activists and religious right. >> the 48-year-old barrett is a favored for anti-for anti-abortion views. >> the worry among republicans is that nominating barrett would focus the final 42 days of the campaign on abortion and they feel that that could be a political loser because it would galvanize the left. at the same time, as we have indicated, it also is galvanizing the right, ainsley.

ainsley: there are two different sides. the democrats they want somebody who san activist. they want someone who allows the woman the right to choose. they want women's rights. they want lgbtq and then the conservatives they are saying, many of them are saying we are pro-life. we love the fact that she is a catholic that she doesn't believe in abortion. many of them are saying they are constitutionalists and she a constitutional scholar. she is catholic. she taught at notre dame. she has seven children. imagine how hard that would be to be a judge and have seven kids. she adopted two of those children from haiti. from what i'm reading one of them might have special needs. so she is busy that takes a very special person to be able to do it. if you take a look at the issues, they are choosing based on what's important to them. i just hope they don't smear her. steve: good luck. ainsley: good luck. that's what meghan mccain says there seem to be a bias against women who have seven kids and catholic. we are seeing.

this i don't want her kavanaugh because i don't think that's fair. whoopi goldberg i have a problem with people who want to make a decision about family needs and tell a woman how she should live her life that's between a woman and her doctor. brian: who is she and what is she like? somebody who knows, congressman mike johnson. congressman johnson knows her from college. listen. >> this is a person who is extremely talented but also gracious and humble and that is the kind of leadership that's recognized and unopposed. she has had a phenomenal career. she brilliant constitutional scholar. i will tell youly what have told the president on saturday. i have spoken about amy over the last couple years. we have wanted her to have this position. mr. president, to sum it up. she is a female scalia, sir. brian: that's what she is like personally. ainsley: she clerked for him. brian: maybe the president will meet with lagoa when he goes

jacksonville on thursday and he also has a rally. keep in mind, too barbara lagoa might be the type of person that could deliver florida for the president. could be the difference. it will be a 1% or 2% state. so maybe that's the 1%. ainsley: that's another swing state like to your point, steve. that's where a lot of catholics live. brian: talk about the debates coming up on tuesday. the president doesn't know what to expect against joe biden. never know what to expect before from the president. he never debated before 2016. big stage and one-on-one and kasich and cruz. and then he had hillary one-on-one. what about joe biden? he is starting to build up joe biden as somebody very experienced. listen. >> if we have a debate coming up and who knows, you know, look. [applause] >> you know what? he has been doing it for 47 years. i have been doing it for three and a half years. he should be able to beat me, i would think. is he much more experienced. evidence is great. oh, he is a beauty. but he betrayed you.

he lied to you. he abused you. which is why it's time to retire joe biden. this is serious. [cheers] steve: it is curious, after a number of months where they have down played joe biden, now they are raising up the expectations. which is probably smart politics. but, at the same time, why are they keeping joe biden away from everybody? you know, at these events, you know, is he flying around the country. i think he was in wisconsin yesterday. he is completely kept away from, for the most part, the national media to ask hard questions like would you pack the court and who would be on your list? although the local milwaukee station did do that. and then he had some event where it almost looks like another one of those teleprompter things where he said out of nowhere i missed that line. i skipped that line or something like that. it just makes you wonder what is up with joe? that's what the president says. meanwhile, ari fleischer was on

the channel as well last night with shawn. shawn had a great hour. and he was talking about the importance of the debate as brian pointed out. one week from today. and how it will define both of those men on the stage. >> this is why the debates are going to be so important, aren't they? in a year in which everything is so unusual where we have not seen joe biden under stress, under pressure. the way we always see presidential candidates hitting the campaign trail, three, four, five, stops a day. he is not doing any of that thee american people first glimpse of him in the debate. big moment for both candidates but bigger for joe biden. >> the one next tuesday, cleveland, ohio, chris wallace the moderator from 9 to 10:30. 90's minutes on fox news. you hear the democrats say it's improper and the president doesn't have the right to fill that seat before the election. but technically, if you read section 2 of the u.s. constitution, it says the president shall appoint

ambassadors, other public ministers and judges of the supreme court and all other officers of the u.s. the u.s. senate's role is to advise and consent. steve: he can do that until the last day in office. ainsley: he does have the right. brian: president obama with nine months left couldn't do that but he didn't have control of the senate. ainsley: he didn't have the senate, exactly. steve: politics. brian: why is joe biden traveling? if he is not going to speak to a live audience and they will just ask him a couple questions at the end? he does not seem comfortable. his message is fine how to attack. steve: because of the basement was killing him. he never leaves his basement. brian: what makes a difference if you are not in front of a live audience. steve: where is the scrutiny on it? are people on the other channel say why isn't he taking any question? you can't shake hands why isn't he getting close to people? why doesn't he have events with more than four people in a high school arena? it's crazy. ainsley: a lot of people are scared about covid.

the democrats are social distancing the masks. they have been pushing that which is great to save lives. maybe that's the narrative. steve: can you still talk to reporters. ainsley: he didn't even make remarks yesterday about ruth bader ginsburg. he spoke live there in wisconsin and did not mention her. steve: curious. all right. it's 14 minutes after the top of the hour. thank you for joining us on this busy day. jillian has more news as well. jillian: beginning. we begin with a first alert. border patrol agent flown to the hospital while being stand on the job. the unnamed agent was trying to arrest a suspected illegal immigrant. this happened near the border near nogales, arizona. one of the immigrants took out a knife and stabbed agent several times before he was shot and killed. no word on the agent's condition. we will keep you updated with the information. the second sheriff's deputy hurt in ambush attack is out of the hospital. the l.a. county sheriff's department says she still has a long road to recovery. her partner left the hospital

last week. the deputies were shot sitting in their patrol car near a train station 10 days ago. the gunman still hasn't been shot. a go fund me for the deputies has raised nearly $720,000. the goal is 750,000. very close to that. jillian: tropical storm beta making landfall in texas overnight. the slow-moving storm coast with rain and flooding. forced to leave their cars submerged in water. some areas could see up to 15 inches of rain. beta is the 9th named storm to hit the continental u.s. this year. that's record set in 1916. the raiders making their las vegas debut with upset win over the saints on monday night football. the team playing the first game in new stadium nicknamed the death jar. one player celebrating a touchdown in very fitting fashion for 2020, watch this. >> took a shock. why wouldn't you? and it is caught.

and it is a touchdown. okay so look wide receiver scoring and then pretending to give his hand mates thirs 34-24. have you never seen that hand sanitizer any other year. brian: i would say hopefully we will never see it again. steve: pandemic stadium humor. thank you, jillian. it's 6:16 here on the east coast. democrats calling to pack the supreme court. they might have met their match. congressman doug collins is proposing a constitutional amendment to block their wishes. is he going to join us live with details coming up next. ♪ ♪ this isn't just a bandage it's a badge of armor of care

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♪ ♪ steve: some democrats are urging to pack the court, add more members to the supreme court if they win a senate majority in retaliation for republicans supporting with president trump's plan to fill the vacant supreme court seat before the election. our next guest warns that could the integrity of the court and introducing a constitutional amendment to prohibit packing the court. for an explanation we have with us right now from atlanta house judiciary member and u.s. senate candidate from the great state of georgia congressman doug collins. congressman, good morning to you. >> good morning, steve. good to be with you. steve: what is your proposal. >> here is what we have seen past two years. any time the democrats don't get their way, they want to change the rules. we saw it during sham

impeachment. we saw it during everything on the house side especially. now it looks like the senate is wanting to join in with it. they want to change rules if they don't get what they want. if you want to pack the court like jerry nadler like the chairman of the judiciary committee have said and others have said we want a constitutional amendment let's take the heat of the moment out of this. if you want to pack the court then it doesn't take effect until the constitutional amendment is approved. that way if you are serious about this. if you have a reason to expand the court beyond your temporary temper tantrum. it takes place 10 years after the heat of the moment we are. in what we need to do is take the emotion out of this. quit always saying you want to change rules when you don't get what you want. steve: of course the constitutional amendment i don't have to tell you. it's tough. it's a high bar. good luck with that can you explain why yesterday joe biden was asked by a milwaukee television station would you pack the court? he said i'm not going to answer that and how about your list of

nominees if you were president? i'm not going to answer that either. what's up with joe? that's been the question. i think has been too long in the basement. he doesn't understand what's going on. it's really concerning. the american people need to watch this. have you two candidates whether you want to vote for joe biden or the president. look at the difference in the two. the president is out leading. the president is out talking. is he doing every interview. is he doing down halls and doing everything he can texas press what he wants to see the country he took the country up until the pandemic and how he has fought and made the pandemic a fight that he wants to win. and now how we get the economy back. joe biden just seems to get lost in his own thoughts. that is concerning. especially when you have kamala harris talking about a harris-biden administration or a harris administration. there may need to be something we are looking at here. there may be a bigger play going on. steve: i think it's officially known as the harris biden administration according to what they said last week,

congressman. if the pick is amy coney barrett and apparently he did meet with her at the white house, according to sources. she went through a ferocious confirmation fight in 2017. the most ferocious parts were about her faith and religion. i don't know how that would play if democrats on the senate joshua area committee were attacking somebody based on their catholicism. i don't think with 20, 30, 10 days left before an election that's going to go over well in pennsylvania or other places. >> i don't think it should go over anywhere. as a chaplain in the military. i have been in the military 19 years and i know what it's like to live in a pluralistic society. attack on religious liberties. many times on the left they don't the fact that someone has faith. if they want to attack that faith issue. then we have a bigger problem. that's never been something that our founders ever wanted to have happen. our religious beliefs were made in a pluralistic society.

i want to have my faith and have you your faith and we actually express that because that's who we are. to attack someone on that i think will not play very well because anybody, no matter what faith you have or no faiths should be very concerned when that becomes annual attacking point for someone wanting to sit on the court. steve: congressman doug collins in atlanta flying tomb d.c. later today. thank you very much for starting your day with fox and friends. >> steve, always good to be with you. steve: take care. hundreds turning out in chicago demanding the state let students get back to sports. hear from two coaches making the case to let their players get back in the game. let us play they say.

i was sworn into the united states senate in a hospital. my wife and daughter had been killed in an automobile crash, and lying in the bed were my two little boys. i couldn't have imagined what it would've been like if i didn't have insurance to cover them immediately and fully. forty years later, one of those little boys, my son beau, was diagnosed with terminal cancer, given months to live. i can't fathom what would have happened if the insurance companies had the power to say, "the last few months, you're on your own." the fact of the matter is health care is personal to me. obamacare is personal to me. when i see the president of the united states try to eliminate this health care in the middle of a public health crisis, that's personal to me too.

we've got to build on what we did because every american deserves affordable health care. i'm joe biden and i approve this message.

brian: hundreds of students athletes and parents calling on the governor to let them play high school sports this fall which are on hold because of, guess what? the pandemic. >> how would you feel if that was you? would you have anxiety or mentality is an okay new normal? brian: joining me now sacred heart griffin high school volleyball coach sandy hamilton and football coach and football director ken leonard. kennel, start with you. have you got to be proud of the students and athletes and parents. they are all on the same page here that had that rally. >> yes. big rally springfield.

you know what? everybody around us fall football and fall sports and this is for all sports. that our government won't let us. brian: sandy, in particular, this sport, you guys know it's at stake. you know how to do it. you know how to handle the locker room. we have all been to school on how to be 6 feet apart and how to compete. no one is forcing your kids to play. allow them to make the choice is your message, right? >> that's exactly right. you know at that rally we had this weekend at the state capital, that is exactly what we are asking our governors let our parents, let our student athletes make the decision. let them have that choice. brian: i want to go to you, ken and tell you what the governor said. while parents might choose to send their children onto the playing field, i can tell that you someone else who becomes ill

because of that decision wouldn't call that your personal choice. what's your reaction to that? i can't even follow it but i will pretend as if he has a point. >> well, 80% of the country right now, brian, is playing sports. and playing it safely. all of our neighboring states including michigan, wisconsin, and kentucky that's the same politically as we are. and they are all doing it safely. i have friends in all the states and i talked to them. i have been to a game in indiana. this was wonderful. there were almost 500 kids perform the band the cheerleaders, the poms. we dornght want these kids to be cheated their senior year and they're never going to have this back. we're competing right now. they allow us to have -- we had shoulder pads on and helmets yesterday and 20 contact days. but, we're the only state

between connecticut and california that's not playing football. brian: sandy, what gets me is maybe it's your sport, too. club sports, yeah. can you get noticed and maybe get a scholarship or roster spot on division 3 schools club sports they are playing. certain sports like football and maybe certain states volleyball, there is no club. this is your chance. not only to bond with students but maybe to get into that college. >> that's exactly right. and actually there was a big, large tournament in orlando in july when the pandemic was still somewhat new and they had 66 volleyball courts spread out amongst the convention center and, you know, they had all the protocols in place and we are doing the protocols that our governor is asking us to do. and they had no issues. took temperatures when people walked. in all the players had masks on unless they were not out on the court. i mean, there is ways to do. this and it's been successful.

brian: ken, besides venting and bonding, is there a strategy in place to force the governor's hand? >> well, we are just asking him, you know, we are wanting the legislators. i tell you what, this movement has been the coaches the parents and the players are the ones pushing for this. you know, oddly silent is our legislators in the state of illinois. and, again, the only person you hear from is our governor and our school has been in session for six weeks in person. and our administrator have donel job. can you just see the kids are -- have been great. we have masks on. we are doing all the right things. all of the right protocols. we are adults. we can do this correctly. and the kids want it. the parents want it. and more than anything, our players, they want it. and our students.

brian: the message too to kids you have to overcome the whole thing in sports don't blame the field the ref the fans find a way. now giving the wrong message. when this trouble knuckle under and hide. final thoughts, sandy? >> that's true, too. our organization here in the state of illinois has allowed us 20 contact days. and we have been doing the temperature checking. washing everything single volleyball with clorox wipes and trying to do everything we possibly can. so if governor will allow us and trust us to do our part. trust us to do our part. we can do. this. brian: listen, i should be pushing back harder but i 100 percent agree these are not athletes making the decisions give the opportunity just to compete that's all you want. hopefully somebody is listening and give you the opportunity to live up to your promises. thanks so much for telling your story. >> thank you, brian. >> appreciate it?

>> one last thing the mental health of our kids are so important. right now that's the unseen part answered that's what's scary. brian: absolutely. >> that's true. brian: good nighted their friends told them to get lost for seven or eight months. come back with restrictions and tell them they can't put the cleats on unbelievable. thanks sandy and ken. we appreciate it? >> thanks very much. >> thank you for having us. brian: we reached out to the governor for a statement did not hear back but i did read what he said. speaker nancy pelosi says they can go after president trump for anything he does judge napolitano has woken up for us. if your dry eye symptoms keep coming back,

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♪ i'm walking on sunshine ♪ whoa ♪ i'm walking on sunshine ♪ whoa. steve: hey, listen, cathy and i have a brand new cookbook it comes out a week from today. it's the happy in a hurry cookbook.

we know you don't have a lot of time to cook, so we will get you happy in a hurry. join cathy and me tonight at 7:00. we will be doing a live signing, moderated by peter doocy who is out on the campaign trail. if you would like to sign up for this virtual book tour, go to the hurry cookbook.com and they have a great deal. you can get both of our cookbooks for the price of one. you can't beat it. the hurry cookbook.com. everybody else can go ahead and order your book today, wherever you buy books. they will deliver it to your house next tuesday. we all have run out of things to cook during the pandemic. this will give you 100 great new ideas. ainsley: tell them quickly about the recipe you were telling me back that takes you back to the elementary school. >> i love the schoolhouse cheesy spaghetti and soup and brian's family art choke pie i love your grandma mimi's special dressing. 100 fantastic recipes.

foods that make you happy when you taste them. ainsley: takes you back to happy times. remember being in the cafeteria, brian, eating that hot lunch that was so good on a cold day? brian: never had the right money i had to borrow from the other kid i never paid him back. meanwhile, steve, the thing i like about this is speed. have you got to make it and got to be quick in and out. steve: absolutely. so, all these recipes within an hour, consider that your happy hour. you were going to have a glass of wine anyway. just saying. ainsley: judge andrew napolitano, he joins us. fox news senior judicial analyst. you want to weigh in on this. italian know, io is there a goon meals in there. >> i never heard of lasagna soup. steve: it's so good. >> i'm dying to read that book. steve: blt pasta in there cathy and i do brian: take that chef boy r de.

>> i want a copy of that book. ainsley: so much to talk about. pelosi mentioned impeachment. listen to this now. all right but i'm going to press you one more time. what is your power to do. this i get the election. you can get up more. can you speak out more. you can do more impeachments, things like that. do you have enough power? >> well, we can impeachment him every day of the week for anything he does. in fact,. >> why not? >> 200,000 people dying. >> why not? >> the american people want to know what we're doing that effects them directly. >> okay. ainsley: quite an interview, right, judge? will. >> politically the democrats in the house have the majority and they can impeach him for whatever they want. but that would not be lawful and it would not be constitutional. because the constitution says impeachment can only be had for treason, bribery, or other high crimes and misdemeanors.

you can't impeach the president of the united states because you want to frustrate his ability to carry out the duties of his office even if she did. even if they were foolish enough i say foolish because it would backfire on them and soon be the minority party in the house. if they were foolish enough to impeach the president for something frivolous in order to frustrate his ability to get a nominee through the senate. nothing in impeachment interferes with the ability of a president to perform his duties. i could still nominate who he wants and he could still negotiate that nominee through the senate no matter what the house of representatives was doing to him. could they get a delay? >> i don't know that the house has any maneuvers unless they want -- i hate even to say this the nuclear optio could be to se government down. of the government runs out of it

ability to spend money next week on september 30th. that also would be insane and would backfire on them because shutting the government down for a political reason harms too many innocent people. steve: sure. you know yesterday we heard about the department of justice talking about withholding funds from certain anarchist jurisdictions. separately down in florida, the governor there has got a new law he would like to use to crack down on people who just try to burn stuff down. watch. >> increase penalties for people who are involved in these violent demonstrations and that includes things like toppling statues, blocking roadways. we also have a provision that says any municipality that defunds the police, which is just an insane policy. it's like cutting off your nose to spite your face. if you do that the state government is going to defund you. we are not going to be sending you money if you are doing things like that. steve: judge, county state decide who to send the money to?

>> yes. i mean, under florida law, the cities and towns in florida are municipal corporations, authorized by the state. the state can deauthorize them and the state can regulate them. i think what governor desantis and the florida legislature have done is just the right thing. they have to be careful not to prosecute people who are legitimately protesting. once the protest becomes violent and property is destroyed, or there is an attempt to harm people by throwing bricks at cops, things like that those are criminal acts and they ought to be prosecute you had. and if the state of florida wants to enhance the penalty for those acts, in order to deter people from committing them. that's the right thing to do. ainsley: judge, the democrats wants you to believe it's improper to do this. they are saying he doesn't have the right to do this. according to section 2 he actually does, right? >> you are talking about

governor desan disnow? ainsley: oh, no. sorry, with trump. steve: scotus. ainsley: exactly, the supreme court. >> we're back to the supreme court. the president of the united states can nominate his choice to fill a vacancy any time he's. it may be unwifsz to do it in the middle of a political campaign. that's a political risk that the president and the republican also take. >> but he has the legal and constitutional authority to offer that nominee any time a vacancy exists no matter what else is happening in the world. ainsley: so technically he can do it but it could hurt him if he does. >> well, the answer is -- the short answer is yes. the longer answer is it could hurt vulnerable republicans in the senate. republicans who were seeking re-election currently behind their democratic opponents if they're force to have had vote on this nomination before election day. it now appears, just my opinion, it now appears that he will

offer that nomination on saturday, sunday, or monday. but the vote will not be until after election day. brian: really. he wants it before. we will see what happens. >> i know he wants it before. and i understand why he does. just appears as though the mitch mcconnell is going to protect his vulnerable republicans seeking re-election by not compelling them to vote yes or no until after election day. that's also risky. because if for some reason the republicans lose the senate and they still put this person through, there is going to be political repercussions for that. brian: two more years to get over it. great. judge napolitano, thank you so much. ainsley: thanks, judge. >> pleasure, guys. brian: see you later. is he gone? yeah he is gone. hi, janis. steve: there she is. brian: i don't know where he went. i don't know when to say goodbye. janice: i'm so happy that you are saying hello to me. take a look what we are dealing

with it's tropical storm bait attachment made landfall last night across the coast of texas and it's moving very slowly. even though it's a weakening system the fact that it's not moving very quickly is going to bring all of this gulf moisture in towards texas and louisiana. areas battered by both sally and laura over the last couple of weeks and flash flood warning in and around the houston area. this is going to linger today, tomorrow, thursday as it eventually moves across the mississippi river valley. the flooding is going to be a big concern with this system and anywhere from 4 to 6, even 8 inches depending on where the center of the storm continues to kind of linger and then eventually move north and eastward. this is hurricane teddy by the way. it t. is going to impact atlantic canada as a transitioning storm. the results along the east coast by the way are going to be very big waves and very dangerous rip current. by the way fall arrives today. 72 here in new york city. still very warm across the midwest and the southwest. enjoying it.

right? sweater weather. steve: the change of seasons. thank you very much, j.d. ainsley: that was pretty. did you hear that? steve: i did. multitalented. meanwhile president trump suggest as covid vaccine could be as ready as soon as october. he said that on this show yesterday. how realistic is that? dr. marc siegel on that coming up next. ♪ >> tech: when you've got auto glass damage... ...safelite can come to you. >> tech: and you'll get a text when we're on our way. >> tech: just leave your keys on the dash and we'll replace your windshield with safe, no-contact service. >> tech: schedule at safelite.com. >> singers: ♪ safelite repair, safelite replace. ♪ this piece is talking yeah?. so what do you see? i see an unbelievable opportunity. i see best-in-class platforms and education.

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♪ >> president trump giving update on the fight for covid-19 vaccine on fox and friends yesterday i will say you will have it long before the end of the year, maybe by the end of october. pfizer is doing really well. i will tell you pfizer is doing really well, johnson and johnson has an incredible vac senile that's really doing well. that will probably be a little bit later and moderna is doing very well. ainsley: here to react is author of the upcoming book covid the politics of fear and the power of sirntion dr. siegel. good morning, dr. siegel. >> good morning, ainsley. ainsley: tell us what you know about this vaccine. dr. fauci is saying it won't be until after the election and the president is saying next month.

>> i don't like the politicization of this. dr. fauci told me thought some of the data could be available by the end of october. and specifically the ceo of pfizer said, ainsley, that the data may very welcome in by the end of october of that vaccine which will have 44,000 people enrolled by september 27th. and they are always doing ongoing looks at the vaccine as it's proceeding. have you noticed outside of one case in the oxford university vaccine one case that could have been connect to the vaccine, we have seen hundreds of thousands of people getting these vaccines so far without reported side effects. there is a lot of transparency involved. it's starting to look like various candidates are safe. i think pfizer is the farthest advanced. what we don't know is when the data is finally revealed how much the vaccine works. that's still to be determined. but that could happen at the end of october. i don't think that that's really unrealistic. and i don't think it's political. ainsley: according to one poll,

65% of americans say they would get it if it's fda approved. are you going to get it? do you recommend that we all get it? >> i'm going to be on the front lines getting it. if you recall, the president said he was going to take it with me if it comes out. i think healthcare workers should get it first. people who are treating covid-19 patients every day. think about it. the virus itself is very dangerous. we're not talking about a situation here where this is oh a mild virus we have a vaccine emerging. i'm going to be way less afraid of this vaccine if it comes out and fda approved even if it's emergencemergency use authorizai will be much less afraid of the vaccine than the virus itself. ainsley: dozens of states have higher increases in numbers. second wave in europe. what do you make of this? >> well, i'm concerned about that second wave in europe for sure. and in terms of cases being up here in the united states. i'm always concerned with the colder weather coming because viruses spread more easily. i have to tell you the

hospitalization rates are not up. and the number of people that are testing positive, the percent is not up across the country. those numbers have been down since july and august. i'm looking very carefully at that because, ainsley, as a physician, i care most about issues of who is hospitalized and who gets really sick. ainsley: okay, dr. siegel, you are the best. congratulations on the new book. >> thank you, ainsley. ainsley: you are welcome. coming up we have lawrence jones and martha mcsally and second lady lynne cheney. ♪ ♪ o death.

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>> the president is out leading: >> they don't want to show the judges because the only ones that he can put in are far left radicals. >> arizona border patrol agent fighting for his life. the agent was trying to arrest a group of suspected illegal immigrants. one of the immigrants reportedly totook out a knife and stabbed e agent multiple times. >> after months of violence, destruction and roits, u.s. attorney general william barr threatening to pull federal funding from new york city, portland and seattle labeling them anarchist jurisdictions. >> raiders making las vegas debut with an upset over the

saints on monday night football. >> here is carr looking to throw for a waller. he's all by himself. he will never score an easier touchdown. ♪ ♪ this is going to be the best day of my life ♪. they're could be the best day of your life. i know someone who is having a baby today. steve: going to be the best day of her life then. ainsley: second baby. best day number two. lots to talk about. brian: one of the best days of your life. you can't have a favorite best day just like you can't have a favorite kid. ainsley: that's true. steve: i mean, really? ainsley: brian, who is yours? i know who mine is. steve: do you, indeed.

thank you for joining us live on this very busy tuesday. griff jenkins joins us from washington. topic a once again is potus on scotus. sounds like the pick is going to be three or four days from now. ainsley: lindsey graham says they have all the votes. all the votes they needed. griff: that's so important. brian, ainsley and steve. week's end. frontrunners. we know it includes federal judge amy coney barrett that the president apparently talked with yesterday along with another judge, barbara lagoa and 38-year-old judge allison jones rushing. whoever it is, despite their previous confirmations, they are in for one of the most injuries fights in senate history. >> already some of the same individuals who tried every conceivable dirty trick to obstruct justice gorsuch and justice kavanaugh are lining up,

lining up to proclaim the third time will be the charm by every modicum of decency and honor. the republican majority have no right to fill it. griff: you are spot on. it's all about the math. does mock council have the votes. lindsey graham says the answer is yes. >> we have got the votes to confirm justice ginsburg's replacement before the election. we will move forward in the committee. out of committee to the floor of the united states senate so we can vote before the election. griff: democrats need only two additional g.o.p. belong murkowski. one republican that was in question. cory gardner signaled strong support yesterday saying. this should a nominee who meets this criteria be put forward, i will vote to confirm. i was two g.o.p. senators chuck

grassley and joni ernst not going quite that far saying they are ready to evaluate the nominee on the merits. meanwhile joe biden islaming the president over his decision to move forward while refusing to release a list of his own potential candidates. so here is who to watch today. mitt romney going to the g.o.p. lunch. he has been tight-lipped we will see what he says. republican no making three. vice president pence will have to tie confirm and that would be a first? president speaking in ohio and crowd was chanting nail seat, brian. brian: it was a wild scene again, a big crowd where joe biden had a substantive speech without that. steve: teleprompter. brian: all tel teleprompter, noy there i don't know why he went to wisconsin he took some local questions where then he got some more questions about the pick and what the president should be

doing and he should be waiting for him. but e. wants to do this whole blue collar against park avenue thing. we already met the president for four years. i don't think saying park avenue is effective when basically most rich people don't even like him. it's the blue collar people that fill his audiences. i don't think that's going to fly, but he is going to try. meanwhile the democrats have been off the hook. they have been saying they are going to pack the court. make d.c. a state. america sam mow a state. puerto rico a state. gte rid of the electoral college all because the president has an opportunity to fill a seat it's the other foot thing whereas president obama with nine months left put merrick garland up. he has 43 days does the president to get a supreme court justice. he says i'm doing it. doug collins heard about the packing of the court which is you just add supreme court justices to water down the impact of all the justices there. he says i'm going to look to

stop it. this is going to almost purely ceremonial. he wants to highlight the issue. back and forth like jerry nadler the chairman of the judiciary committee have said and others have said. we want to put a constitutional amendment that says let's take the heat of the moment out of this. if you want to pack the court, then it doesn't take effect until 10 years after the constitutional limit is actually approved that way if you are really serious about this. if you have a reason to expand this court beyond your momentary temper tantrum we will actually have something that you can go awaaahead with it but takes plae 10 years after the heat of the moment we are. in take the emotion out of it. quit saying you want to change the rules when you don't always get what you want. steve: that's the debate on capitol hill. let's bring in fox news analyst and host of one nation on fox nation our friend lawrence jones. hey, lawrence. >> good morning, family. steve: so there we were talking about how some democrats are talking about packing the court. joe biden was asked by a

wisconsin news station if he would pack the court he said i'm not going to answer that he was also asked by another station this question. what is he going to do to try to change the subject. that is incorrect in the prompter. he was asked should voters know how are going to appoint? no, they don't but they will if i'm elected. there is plenty of time. so, reveal, lawrence, whether or not he will pack the court. he will not tell us who is on his list. what's up with that? >> yeah. let me go back in time for a second before i answer that. steve: sure. >> back in 2016, president trump at the time, candidate trump, he was facing some skepticism from conservatives about if he was really conservative enough. and that's why he decided put out that list about the supreme court. because he needed those social conservatives.

people that really wanted a conservative justice on the supreme court. and he was able to win a lot of those folks over just by that list. the same is happening with joe biden right now. there are a lot of moderates out there. there are a lot of swing voters that want to know if he is a moderate or is he a progressive and going to appoint someone that this is -- that is extreme liberal on the court? is he refusing to do. so and i don't understand why because this is just a simple layup. just release the list. let us know how are going to have out there and then let the voters choose. of course he doesn't want to do that because he's going to box himself. in he doesn't want to tick off the moderates or progressives. steve: the president was very clear he knows exactly why joe biden doesn't want to release the list or, you know, reveal whether or not he wants to pack the court. here's the president yesterday in ohio. >> they don't want to show the judges because the only ones that he can put in are far left

radicals. and if he does something even toward left of center, which would be acceptable, i guess. we have no choice. if he did that, he would lose the left. he will have to put in radical so he doesn't want to show who his judges are he doesn't want to do it. because if you found out who he was going to pick, he would be unelectable. hopefully is he going to be unelectable anyway. ainsley: lawrence i know have you gone out you are on shawn's show a lot you go out and talk to the people. what do the center people say? because when you look at the court and there are nine justices, a lot of people do want it to be fair. they want it to be some liberals, some conservatives, maybe one, two in the middle so that there is fairness. so what are they saying? how are they going to vote? >> yes, it's interesting. because i talk to all sides. i talk to the liberal voices, the conservative voices and those in the middle. and of things that was very interested yesterday when i went out and talked with people people feel like there is

politics on both sides being played. something was very surprising to me that i was talking to people. they blamed harry reid and these were a lot of liberal people as well. they say they are upset at the president because they want their choice. but they are mad at harry reid for changing the rules back in 2013 because we wouldn't be -- it would be the 60 votes. right now is a simple majority. and so, you know, they are kind of upset but, you know, this is what happens when you change rules. technically from, a legal standpoint, no rules have been changed at this point as it relates to if the president, i know a lot of people cite mitch mcconnell and lindsey graham, some of the things that they said in the past about appointing a justice during this period of time. but from a legal standpoint, they have the right to do that. but the democrats changed the rules back in 2013. and it's because of that that we're at this spot. if they hadn't changed the rules in 2013, then it would be a 60 vote and the rhetoric is going

to more of -- if you don't give us our way this time, then we are going to go change the rules again. ainsley: you are right, lawrence, you are absolutely right. it would be maybe to some people nice to wait until after the election. but if the shoe were on the other foot, would that be the case, too. >> that's exactly right. ainsley: you did go talk to the people. listen to this. >> should the president replace justice ginsburg? >> the current administration has no business doing anything to change what's happened to this court. >> should the president appoint a replacement for rbg? >> , that's what the constitution calls for. following the law. >> if he does something extreme, the democrats have to recognize and step up and do extreme things. again, like i saying beach ising the president again. >> the democrats say if he does that then they may impeach him. >> it doesn't matter what he does. they are going to do something, you know. they are crying that game. go through with that.

brian: that's the sense on the street yesterday. >> yeah. i mean i personally don't think the choice is an extreme option on either side. what needs to happen is you have got to win elections. and part of the things that democrats are learning right now is that they never campaign on the supreme court because in many cases they got a lot of the stuff that they wanted. and conservatives over the years prioritize this. i make a prediction because i think that the president is going to get his nomination through. lindsey graham says he has the votes and i don't think mitch mcconnell calls a vote without having the votes. that's just his style. i think what's going to happen if the president gives him his nomination confirmed is that democrats are going to start campaigning on the supreme court and i think republicans have to be ready for that on the future -- in the future. brian: right. buff think have to see about expanding the court. blowing up the filibuster. they might not be all on the same page. rich lowry just real quick, lawrence. rich lowry wrote an editorial in the "new york post." he said why is it with democrats it's always if i don't get my

way i'm going to burn it down? i'm going to destroy this city. i'm going to take down this statue. i'm going to change the supreme court. i'm going to blow up the filibuster. i'm going to add states. why does this seem they are so extreme? >> the problem is that they are not democrats. they are anarchists that the democrats allowed and marxists and socialists to come within their party. and right now they have hijacked their message and that seems to be the loud message on their side. but years ago they had opportunity to shut their message down on the college campuses. they let them burn. they had opportunity to shut it down and some of these progressive races now they have the energy and a lot of democrats are afraid to condemn that side. because that is their base. it's going to be problematic going into the election. because, again, as i continue to say, when you give people the option between their safety, the fact that they would have security, they are going to choose that over any other issue in the book. i think the democrats have a real problem and i think it may

be too late to address that issue. steve: 42 days to go. lawrence, thank you very much for joining us live from d.c. good work out on the street yesterday. >> thanks, guys. steve: you bet. exactly 14 minutes after the top of the hour and time for headlines. jillian: good morning, begin with this. authorities in california identifying the firefighter who died battling the el dorado fire the 39-year-old worked with the forest service for 13 years. is he being remembered as a true hero. meantime the nearby bobcat fire destroying 105,000 acres. the fire making another push for the mount wilson observatory. smoke as you can see corresponding the peak. the fire is only 15% contained. the woman accused of sending ricin to president trump is expected to appear in federal court. yesterday investigators were seen searching the unnamed suspect's home in montreal. the letter was intercepted before arriving at the white house. she was arrested in buffalo, new

york. president trump sent to send a strong message to china at the u.n. general assembly today. is he expected to call out the communist nation for their handling of the coronavirus pandemic. chinese president xi jinping also set to deliver prerecorded remarks at this year's virtual gathering. michael jordan is coming to nascar. the basketball legend partnering with driver denny hamlin to form a new team starting next year. the first driver will be bubba wallace. the move makes jordan the first principle owner of a team since the 1970s. jordan releasing a statement saying quote the timing seemed perfect as nascar is evolving and embracing social change more and more. a look at your headlines. send it back to you. steve: that's great. ainsley: ethics exciting. thanks, jillian. senator martha mac sally's senate race could have a pivotal role in the next supreme court nominee. she is going to join us live

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steve: one arizona senate race could play a crucial role in the battle over justice ginsburg's supreme court seat. republican senator martha mcsally facing off against democrat mark kelly. if he wins a special election, he could take office as early as november 30th, shrinking the g.o.p.'s senate majority at a vital moment and complicating the confirmation for president trump's nominee. senator martha mcsally joins us now from the d.c. area. senator, good morning to you. >> good morning, steve. how are you doing today? steve: i'm doing okay. a lot of people are unfamiliar with the fact that your big date is not a november 3rd. you have got a special election going on here and if he wins

that just kind of shakes up the snow globe, doesn't it. >> we will make sure that doesn't happen, steve. people know arizona is key for the presidential race. my race is key to keep the senate majority next year but now we're key to ensure that the supreme court nominee goes through and that we're able to shift the court for generations to come. so we're ground zero here in arizona. we are neck in neck. and my opponent came out and said he would be with schumer to delay and get some liberal activist judge on the bench. so the stakes have just gone up in our race in particular. we're a dead heat right now. it's bad ground and we love everybodiens support. mcsally for senate.com. steve: yep. i saw a poll that came out today where you are a dead heat. that's what you are talking about which means the momentum has kind of shifted because over the last couple days you were a little down now you are dead heat. that's when you want to peak just as people are going to vote.

but let me ask you this, senator, what about the timing regarding the voting in the senate if the president comes out with a nominee and if mitch mcconnell brings it to the floor for a discussion after the senate judiciary committee hearings? should the vote be before the election or should it be afterwards because the suggestion is if it's before the election, u.s. senators on the republican side in vulnerable states could actually pay a price. >> well, the guiding document is the constitution. look, i put my life on the line for 26 years in the military. i raised my right hand and oath to the constitution. the president nominates and the senate confirms. and we will do that without delay. it will be a thorough process. it is very important for the future of our country to fill this position and we will go through that process and we will vote. i very quickly said on friday this senate should vote on

president trump's nominee. you see the left. the democrats are trying cook up some delay tactics. i think people are tired of that in arizona i hear from people all the time they want people to could their jobs. the constitution is very clear. can you expect us to vote without delay. you mentioned you are a fighter. there is a brand new ad you are running against your opponent mark kelly. it highlights you are the first woman to fly a combat jet. if you are a fighter i'm your girl. take a look at it? >> america faces serious challenges. if you want flashy, you have got a guy. but if you want a fighter, i'm your girl. steve: okay, if you want a fighter i'm your girl. so you are rolling that out, right? >> absolutely. look. i have been a fighter my whole life. i lost my dad when i was a kid. every day is a gift. it propelled me on a path for service for the vulnerable and

others. down to the wire here. everything i put my life on the line for flying a 10 and combat blessed to be the first woman to commands a fighter squadron. six deployments to the middle east and afghanistan. and now i'm standing on the wall to make sure the radical left did not take over our country and i'm standing there to make sure that chuck schumer is not in charge of the senate. and people want a fighter. we care about our freedoms in arizona so it's very much resonating. my opponent is hiding in a bunker and we know a vote for him is a vote for chuck schumer which is a vote for the radical left. a vote for me is a vote for freedom and opportunity and safety and security. if that's what you want, i'm your girl. steve: well, you said your opponent is in a bunker. we did invite your opponent, mark kelly, on the program. we have not yet heard back from him. >> of course not. steve: well, we heard from you and a great discussion. thank you very much. she is the u.s. senator. senator martha mcsally. thank you very much for joining us live today. >> have a great day. steve: you as well. meanwhile, the media slamming

one of president trump's top choices for the supreme court. have you seen this? >> one of the leading contenders clearly opposes abortion rights. >> a devout catholic. >> she would energize anti-abortion activists and religious right. steve: okay. we are going to discuss what we are seeing on tv coming up next. ♪ she was. anna: american girl ♪ ♪ you get assurance that we take the right precautions to keep you safe. so you can defend your crew against the flu. get your flu shot safely from our pharmacy experts at walgreens teeth sensitivity as well as gum issues. does it worry me? absolutely. sensodyne sensitivity & gum gives us the dual action effect that really takes care of both our teeth sensitivity as well as our gum issues.

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ainsley: as the battle heats up to fill the supreme court vacancy. sources telling fox news that president trump met with frontrunner amy coney barrett there is her picture met with her yesterday. the critics in the media waste nothing time calling out her views. >> whoever president trump nominates would move the court firmly to the right making it solidly conservative. one of the leading contenders clearly opposes abortion rights. >> a devout catholic she favorite among conservatives. >> seven children, devout catholic. she would energy anti-abortion an at this vista and religious

right. >> 48-year-old barrett is a favorite of religious conservatives for anti-abortion views. ainsley: former second lady lynn cheney is the author of that book right there brand new called the virginia dynasty four presidents and the creation of the american nation. and she joins us now. good morning to you. asmghts 80s let's talk about the news of the day. what are your thoughts about the media attacking this judge, seven children, adopted two kids from haiti. attacking her over religion? >> it's been -- people use different angles to tear down their opponents politically. and this is -- it's not a surprise that the democrats would go in this direction. ainsley: our country is so divided. instead of saying is there a different way they could say it? i mean you could say this is a hard-working woman. she is a judge, balancing being

a mother to seven children. being a wife. adopting two children, one with special needs. i just doingtsd agree with that issue or that issue. instead it's attack, attack, attack. it's on both sides too, i will say. >> that's true. and even in the beginning of the republic, it was attack, attack, attack. george washington once threw a temper tantrum in a cabinet meeting because he was so distressed by what the press was saying and what putting out. thomas jefferson once said and he championed a freedom of the press toward the end of his career, i think he was actually retired. toward the end of that time he said, you know, newspapers would be okay if they reserved a special section for lies. so, this back and forth forever with us.

the difference now is that you have this mega phone of television, talk shows, opportunities to attack those on the other side. as though we have a bigger megaphone for the conflicts we have always had. ainsley: the book virginia dynasty, let's talk about that. when i was a little girl my mom washed falcon crest and dynasty. that's what came to mind. i thought these four presidentss have pasts. i'm so anxious to learn more about them. tell us about this and what you learned. >> well, i was intrigued by the idea that foyer of the first five presidents grew up within a small circle. just west of the blue ridge mountains. and i think that the fact that they were close helped them become greater. you know, they played off against one another. they helped one another and

quarreled one another and that, too had great historic consequence. we really started the political party system when madison and jefferson had a terrible quarrel with washington who really believed, washington did, that once officials were elected, the voters ought to just go away and let them alone to do their governing. now, the others didn't think about it this way and thus we developed a two-party system. ainsley: that's fascinating. what about their families? >> they had interesting families. you know, three of them, washington, monroe and jefferson all lost their fathers early on. and i wondered if that doesn't foster a certain kind of independence and responsibility taken on early. madison probably had the most delightful wife. steve: dolly. >> probably of any of the first 15 presidents.

dolly madison is quite a figure. not at all shy about putting herself forward when women typically were. so, dolly madison is a great conviction to our history as is james. he gave us the constitution after all. ainsley: thank you so much. everyone go pick up this book and support the cheneys. virginia dynasty, focusing on these four virginia presidents that made such an impact on our great country. congratulations. thank you some for joining us. >> thank you. ainsley: you are welcome. the department of justice naming three cities anarchist jurisdictions after months of violent unrest and they could cut federal funding. is that the right move? our law enforcement panel is here to discuss this next. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred.

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[narrator] this is steve. ask your doctor about nucala at home. he used to have gum problems. now, he uses therabreath healthy gums oral rinse with clinically-proven ingredients and his gum problems have vanished. (crowd applauding) therabreath, it's a better mouthwash. at walmart, target and other fine stores. it's a better mouthwash. honey honey? new nyquil severe honey is maximum strength cold and flu medicine with soothing honey-licious taste. nyquil honey. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, fever best sleep with a cold medicine. >> did you hear about this labeling new york city, portland and seattle anarchist jurisdictions now reviewing

their federal funding. attorney general bill barr explaining, quote: when state and local leaders impede their own law enforcement officers and agencies from doing their jobs, it endangers innocent citizens who deserve to be protected including those trying to peacefully assem being and protest. we cannot allow federal tax dollars to be wasted when the safety of the citizenry hangs in the balance. here to react is seattle police officers guild mike sloan former nypd detective oscar odom and c. monesomalian wingo. this is not okay we tried federal troops it. got a bad reaction locally. they pulled the federal agents out. and now this is another message it's funny that a.g. barr has

stated that the dollars would be wasted because businesses aren't being protected and now these cities are crying this is so unfair. so, how unfair is it? you are wanting to defund the police departments in your cities. you know, you are allowing people to be murdered, raped, robbed on the streets and pulling the police officers back. i think it's two fold it's bad on one hand and good on the other. who is going to really, you know who is it really going to help if do you this? it's really a hard thing to look at. i tell you what's really unfair is to keep the police away when people are needing help. brian: absolutely. dr. odom, the nypd basically told everybody to stand down, let everyone blow off steam took a billion dollars out of the budget. and then when it comes to actually policing. they have cut the academy. why should the president step

up? >> he definitely should step up to make sure safety public. apparently they are not reading the data murder gone up last year at this point 219 murders as compared to 321 at this point, which would also the whole year. he needs to step and make sure there is some sort of accountability. there is some sort of mismanagement in the budget because they are talking about defund and the crime is going up exponentially. therefore, they are not reading the data. and the resolving justice system is also an issue. people talk abou revolving door. need incarcerate and/or rehabilitate. look at the numbers going up. look at the record of the people that you are arresting. they are not committing crimes because they lost their job. they are not stealing food. they need to look at that. brian: ceo wrote a letter hey mr. mayor we want to come back. you need to clean up the streets because you stopped picking up

sanitation and crack counsel on time. he said i'm out of money. i have never seen such leadership. excuse me, check that i saw the lack of leadership in seattle, mike sloane that's your cue. is that sent to cities like yours. >> absolutely is it puts officials on notice. no more of this nonsense in particular. if you don't have the political will power to enforce the rule of law, everybody suffers. and it's quite clear that this reasonable community in seattle want public safety. because we are not supported ritz now. that's why we stop defunding.com right now. go to our petition at stop defunding.com. we have over 180,000 signatures. brian: unbelievable. >> now the council is going to vote today whether they will veto or sustain the veto by the mayor. anybody that supports defund is nonsensical and they are not looking for solution. brian: i want to bring this to you c'mone if i can this is the

attorney general of new york reading about this anarchist legislation and withholding of funds, james, new york attorney general. listen to what she said is behind this. >> the president in the past has indicated he would punish new york for whatever reason it. sar buy temporary, it is capricious. it may not even happen. this president is doing nothing more than saber rat ling. rat ling to his base using words and phrases that unfortunately are filled with racial overtones. brian: do you sense racial overtones? if you see the anarchists most of them are white. there is a story about all these rich kids going down and creating chaos. i didn't see it but am i missing something? >> no there is no racial overtone. you talk about punishment, punishment than taking all this money. hundreds of billions and millions of dollars from the new

york city police budget people are leaving new york and they should. because this system that they have set up is not working i its a bust. now you want to call it racial and pull the race card it. has nothing to do with race. this is all about being safe, defenderring the land, and making sure your citizens are safe. which new york is not being able to do because they are taking all the money. they are defunding their police department. brian: yeah. dr. odom, the thing is a lot of the working class communities. a lots of inner city communities, they are the ones that need the policing so they can go about their lives. they are being hurt the most. >> most definitely. and that's who they are hurting. and they are talking about any want to help the community. if you want to help the community, you put the police officers out there. you fund them. allow them to do their jobs so people can walk around safely. have you these few people uprising and do all of this nonsense and causing problems for people though live in the

community. that's why murder and robbery and shooting is up. like i said dead bodies don't lie. this is the wild, wild west. brian: mike, it started with you guys. is the message beginning to get sent even to those way on the left that you need to have law and order in order to have anybody's agenda fulfilled? >> absolutely. the biggest supporter of our first amendment rights are police officers. the right to peaceful assembly. finally i think the counsel is walking back record of nonsensical defund message. clearly people are seeing that if you do not have rule of order, you do not support the police officer that defend and protect all of us, regardless if you support the police or not, then we are all in big trouble. and the law enforcement profession is being used politically to divide us for political power clearly for this november election. we must have the reasonable community stand up and support police now more than ever. please go to stop defunding.com.

brian: they say the biggest surprise of this election people talk about suburban women. they talk about the hispanic vote. they should be looking at the police vote. 700,000 active retired and their families. one party supporting them. the other vilifying them. that could turn this election. and bottom line is if you care about law and order, i think we should really back the blue and i think that if you want to expand the academy, you want to finance, you want to talk about different techniques, that's where we were heading. suddenly we got off track. thanks, guys, appreciate it? >> thanks, brian. brian: meanwhile go over to janice dean take a break from this and talk about the weather. janis? >> yeah. brian. unfortunately getting a lot of flooding in and around the houston area. this is because of tropical storm beta that made landfall around port o'connor. we are getting reports of 8 to 10 inches of heavy rainfall in and around the houston area. social media showing a lot of flooding of streets and neighborhoods, so we'll continue

to keep you up to date. again, it doesn't take a hurricane to cause incredible amounts of flooding over these heavily populated areas like the houston, texas region. it storm is going to stall. it's not going to move quickly. the flooding will continue for parts of northeast next texas. minnesota valley keep you up to date. we have a flash flood warning for the houston area. this is going we are going to have to watch throughout the day today. the heavier bands moving through the houston metro area and eventually it will continue to move through louisiana and mississippi. but very slow moving. right now it is stalled out bringing all of that gulf moisture in towards the southeast texas region. there is hurricane teddy. category 2 expected to weaken but then transition to an extra tropical storm and affect atlantic canada. however, we are feeling the impacts of this system with very high waves and potentially deadly rip current. keep that in mind all along the east coast because of teddy. here is your forecast today.

watching texas and louisiana up towards the mississippi river valley. still very warm across the southwest. cool across the northeast. and today is the first day of fall. a quick look at your average peak for fall foliage certainly along the rockies and the upper midwest the great lakes and northeast we are getting the really fall leaves right now. continue to keep you up to date. steve, archesly and brian, back to you. >> term of the day extra tropical haven't herd that before. >> if only we had a cookbook with warm food to take us through the fall. steve: just wait a week it's coming. thank you, j.d. getting a look at some of the most lavish and expensive houses in the world with fox nation kacie mcdonnell. she is coming up next. ix it rit with no-contact service you can trust. >> tech: so if you have auto glass damage, stay safe with safelite. >> singers: ♪ safelite repair, safelite replace. ♪

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♪ ♪ ainsley: fox nation kacie mcdonnell is givings us an inside look into the most lavish properties for sale out on the west coast. watch this. >> worth every penny and more for the views alone. never mind the house, but that is fabulous, too. walking through this place felt so rare. for one, you will be the first owner. the finishes are unlike anything i have seen and the layout is to die for. brian: from malibu resort like

mansion to private winery in napa she explores the most expensive pieces of real estate on the market. kacie joins us now. what a great gig. what did you find out? and we just lost her. she could actually be giving me the silent treatment which has happened before. but here's a clip. this is what kacie would do if she were here. she would toss to this clip of a napa mansion, watch. >> now this is what i call a basement. and at the end of this cabernet rainbow there is a pot of gold. i did not want to leave this property. i mean, why why? why would anyone in the views the zen, the wine, it has everything a wine lover could need and enjoy. this captures it all in one spot. ainsley: i was talking to a friend yesterday from texas. she said one of her friends runs ranches in texas. and he said he has gotten so many calls. he is so busy during corona

because people aren't traveling and they are going to these ranches. they are taking their families vacations, places that are still open and buying second homes, he says. steve: just think about it. during the pandemic we have all been at home so much, so, you know, for the people who can afford something like this, it's perfect. and for the rest of us, it's just fun to dream about things like this. ainsley: exactly or get ideas. steve: absolutely. you might not be able to afford the $200,000 kitchen. you can take the color that they painted the room and do things like that. ainsley: exactly. steve: kacie and her producer have just taped the first two episodes for fox nation and the pandemic struck. so it shut down production for a little while. now the whole. brian: look at that i will take that one. steve: that is so cool. ainsley: have you no privacy. brian: it's okay. you could watch me in my boxers.

steve: check it out. global mansion, not brian in his boxers on fox nation available now. and if you sign up now, you can get the first month for 99 cents, which means you could save money so you can buy your own mansion in napa. brian: i feel bad pete hegseth wasn't told it was supposed to be a smiling shot. the other two are having a great time and pete has his game face on. steve: we apologize we were not able to bring you kacie from the west coast. we will try to get her on the line day or so. ainsley: live television. good news is you can go to fox nation and watch it there. steve: it's on your phone now. ainsley: big hour coming up. congresswoman elise stefanik and sarah sanders and jesse james decker. ♪ wake me up when it's all over ♪ when i'm wiser and i'm older ♪ all this time i was finding myself ♪ and i didn't know i was lost ♪ so wake me up when it's all over

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♪ ♪ ♪ ♪ >> [chanting] >> we got the votes to confirm the justice on the floor of the senate before the election and that's what's coming. >> president trump today met with just amy coney barrett. she's a brilliant constitutional scholar and i'll tell you what i

told the president. mr. president, to summit up she's a female scalia. >> i want to spend a few moment s talking about those who voted for donald trump last time i know many of you are frustrated and i promise you this. >> president trump celebrating the two high school football players suspended for carrying a thin blue line flag off-the-field on 9/11. president trump: you're doing great and everybody out here loves you and they appreciate you. >> [applause] >> ♪ ♪ brian: it's going to be a big day here as usual in new york city no one works they just zoom in. steve: we do we're working right now. brian: but if you walk the streets steve there's nobody in suits. ainsley: why is traffic so bad. brian: i don't know. out of the city it's bad but you can go through the city no problem like the sooner you get out of the tunnel or through a bridge you start

hitting traffic. steve: brian you're absolutely right, right now at this hour we're the only two men within three nautical blocks wearing neck ties. brian: absolutely. people thought i was posing for the jc penny catalog. steve: brian do you know what your kids would ask right now, what's a jc penney catalog? brian: [laughter] ainsley: that's a shame i loved that catalog. brian: it's where i do all of my shopping. ainsley: strange times we're sorry for all of the people that lost their loved ones but there are silver lines and a lot of people are making life decisions working from home spending time with their kids they never got to do before not commuting into the city. steve: sure and we've been talking about the pandemic for so long, but now the politic s in washington have shifted to the supreme court. ainsley: that all changed on friday. griff jenkins is live in

washington with the war of words on filling justice ginsburg's seat. griff: good morning, brian, ainsley and steve and there's a lot of guys wearing ties in the senate because they are back in session and the process has already begun despite democrats opposition by weeks end we'll know the nominee and then lindsey graham will take it and he's confident he's got the votes to confirm. >> we've got the votes to confirm justice ginsburg's replacement before the election. we're going to move forward in the committee. we're going to report the nomination out of the committee to the floor of the united states senate so we can vote before the election. griff: we know front runner, amy coney barrett met with the president other candidates include federal judges barbara lagoa and 38-year-old allison jones rushing. whoever it is despite their previous confirmations are in for the fight of their lives. >> already some of the same individuals who tried every

conceivable dirty trick to obstruct justice gorsuch and justice kavanaugh are lining up to proclaim the third time will be the charm. >> by every decency and honor, leader mcconnell and the republican senate majority have no right to fill it. griff: all comes down to the math now democrats need only two additional gop no's beyond collins and murkowski to block it but it appears things are moving in mcconnell's favor, corey gardner signaling his report saying should a qualified nominee meet this criteria, put forward i would confirm and chuck grassley says he's ready to evaluate the nominee on the merits. this as joe biden slams the president over moving forward, but refusing to release a list of his own potential candidates. mitt romney has been tight-

lipped we don't know where he stands and it was the only other one to do so vice president pence would break the tie to confirm and that be a first in supreme court confirmations. brian, ainsley, steve? brian: thanks so much griff so it's going to be interesting. politically it's very a luring for the republicans to add somebody else on to the supreme court, make it 6-3 for the next 30 years if they are as young as three of the five women that we see out there that is conceivable that could happen but on the other side guess what's going to be decided right after the election the affordable care act, the american people in the middle of the pandemic are liking it a lot more than they used to, because it's healthcare and it's something and number two is they're looking at abortion as a major issue on the election, that really hasn't been front and center in quite some time as a major election issue we'll see how that cut, especially when you're trying to win over suburban woman. wherever you stand on that issue is that an issue to bring an

election, let's bring in e lease stephanic. congresswoman welcome back. >> good to be with you. brian: are you in support of what seems to be an all out push to confirm before november 3. >> absolutely we need to fill that seat and most importantly we need to follow the constitution. the president has the constitutional duty to put forth a name, and the senate can advice and consent. this is incredibly important to make sure that we follow the constitution and we fill that seat particularly going into an election year that is unprecedented with the amount of new decisions at the state level regarding mail-in ballots. you can not have a 4-4 supreme court going into the election year. i think the three names that have been publicly released are incredible women. i think they will be constitutionalist judges on the supreme court, and just feedback from voters as i was in my district this weekend knock ing on doors getting out the vote. voters are paying attention and they want to see this seat filled. they want to see us following the constitution. steve: well you know, the two

chambers of congress as you know , have unique duties in the senate, they get to confirm after a little confirmation hear ing, judiciary nominees. over in your chamber in the house, you get to do things like impeachment, the senate gets to vote but you actually get to impeach. well yesterday, nancy pelosi reminded everybody she can impeach the president anytime she wants listen to this podcast. >> i'm going to press you one more time what is your power to do this? i get the election but you can get up more, you can speak out more, you can do more impeachments, things like that. do you have enough power? >> well we can impeach him every day of the week for anything he does. in fact 200,000 people -- >> why not? >> well because look. american people want to know what we're doing that effects them directly. >> okay. steve: so she's combining the pandemic with the bank but

also, yesterday, congresswoman on msnbc she said that regarding this particular pick and what the republicans are trying to do ultimately the republicans are trying to what brian mentioned a moment ago get rid of the affordable care act, remove women's rights, they want to takeaway clean air and water and she also said the republicans are coming after your children, protect your children. so it sounds like it's a full court press on the left side, against your right side. >> absolutely, and sadly, i am not surprised. democrats have been talking about impeaching the president since the day he was elected and i think we're going to hear more of that between now and the november election this year. it is sad, again, we need to follow the constitution. the constitution is very clear, and presidents of both parties put forth supreme court nominations in an election year and if you look at the historic precedent many of our justices including the late justice ginsburg were confirmed in a

shorter period of time than this time between now and the election day but i'm not surprised democrats have been obsessed with impeachment. i lived through that on the house intelligence committee it's increasing desperation. the american people want to make sure we have a functioning government that is following a constitution, and the president has that constitutional authority to put fourth a name and of course, the senate will run through the process to advice and confirm steve: congresswoman, yesterday, at exactly 24 hours ago the president was on this program, and he essentially , you know, heard about the suggestion they might impeach him on the democratic side and he said bring it on. essentially he was daring them to do that because he said that will destroy them, just as people go to the polls, and he will get re-elected and then your party would sweep the house >> he is right. i agree with the president. again the american people want to stay in this election. the fact that the democrats rammed through a faulty impeachment this year when the vast majority of people according to polling wanted this to be decided at the ballot box i agreed with the president

's statement but i think he's going to win either way and momentum and energy is on our side, particularly with the stakes this high when it comes to the supreme court. i think what is particularly interesting and hypocritical is joe biden still refuses to release his names of potential supreme court nominated in sees. the american people deserve transparency on an issue and on the nominations of this importance. ainsley: elise, you share a name with my mom, her middle name and my sister and you all are smart women, women i respect so when i talk to you about women's issues megan mccain was on the view yesterday talking about how kavanaugh really changed republicans like herself. said accusations were completely baseless, and it showed democrat s on their side will do anything and everything to smear a conservative and there seems to be real bias against the women, the woman who has seven children is a catholic and i just don't want her to be kavanaugh because i don't think it's fair. if she is president trump's choice, she has seven children, adopted two from haiti one has

special needs how do the democrats handle this? will they attack her? they are already attacking her for her catholic faith and my question is what if it were a democrat a woman whose a democrat from a different faith? why is it okay to attack if you're a christian but they would never touch another faith? and what does this look like down the road? >> it's not okay, ainsley, and democrats love attacking conservative women. that's something that megan mccain has experienced it's something i have experienced so democrats have to be very careful. they should not run into these smearing politics the way they did with brett kavanaugh and i think that megan mccain is spot on saying that watching the political of the brett kavanaugh hearings and the baseless accusation that backfired and voters of this country woke up-tick harry reedily women voters as they excited to see these women's names be put forth this is the highest court in the land and these are extraordinarily accomplished women, wonderful mothers and democrats should not

smear their character and again follow the constitution and play the advise and consent role. brian: so, elise, congresswoman i should check in with you on this too because the president of the united states has been told by joe biden, this is the trump years. don't blame me for the anarchy in these cities but most of them are demanding things from their democratic mayors who are allowing it to go off the reservation and erect these urban environments as well as the governors so the president put in federal agent, and that was ridiculed and targeted in portland so now he's doing something else the attorney general to the judy miller is doing this. "we cannot allow federal dollars to be wasted when the safety of the citizenry hangs in the balance. it is my hope the city's identified by the department of justice today will reverse course and become serious about performing the basic function of government and start protecting their own citizens. " what happened is he named seattle, portland and new york and said in your state, you're

not protecting the people, i'm not going to give you federal dollars until you start doing it has he overstepped his bounds? >> no. we have seen a lawlessness in new york city and cities across the country, and the fact of the matter is new york city has threatened and is slashing their supports and funding for law enforcement. they are trying to defund the police. we've seen an extraordinarily sad skyrocketing of crime, of shooting, of rioting and looting the president has every right and the department of justice should make sure that our cities are investing in our law enforcement to have safe and secure communities. just look at the facts the fact that mayor deblasio has verbally attacked law enforcement, has allowed this to happen. the department of justice should make investments in cities that are holding up their end of the bargain which means invest ing in law enforcement so that we have the rule of law. steve: well the attorney general certainly has gotten their attention with the anarchist jurisdictions.

elise stefanik, we thank you very much for joining us from the d.c. area. >> thank you. steve: 8:12, the exact time in new york city, jillian? jillian: let's begin with a fox news alert now. a border patrol agent flown to the hospital after being stabbed while on-the-job. the border patrol says the unnamed agent was trying to arrest a group of suspected illegal immigrants near the border in arizona. one of the migrants took out a knife and stabbed the agent several times before he was shot and killed. no word on the agent's condition >> louisville police declaring a state of emergency ahead of a possible grand jury decision in the brianna taylor case. officers will be on 12 hour shifts and time off request the are canceled. police also restricting access to the city's downtown area. the federal court house is already boarded up taylor was shot and killed by police in her apartment in march. the officers involved haven't been charged. no word on when an announcement will happen. >> now, to extreme weather tropical storm beta making

landfall in texas overnight. the slow moving storm lashing the coast with heavy rain and massive flooding and stranded drivers forced to leave their cars sub merge in water. some areas could see up to 15 inches of rain. beta is the ninth named storm to hit the continental u.s. this year and that ties a record set in 1916. >> president trump celebrating the two high school football players who were suspended for carrying thin blue line and thin red line flags on to the field on 9/11. the president calling brady williams and jarod bentley on stage at his ohio rally. president trump: we're joined tonight by two high school football players that became very famous. come up here. >> [applause] president trump: you're doing great, and everybody out here loves you and they appreciate you. >> [applause] >> jarod and brady thank you for supporting the heros in our law enforcement we all love you. thank you very much really great

job. the country has a lot of respect >> [applause] jillian: williams father is a sheriff's deputy, bentley is the son of a firefighter and their suspension has since been lifted. back to you. steve: they also got scholarship s from the holiday for heros program out in that state. ainsley: so they can use whatever school they want to go to. thanks jillian. coming up we are one week away from the first debate between president trump and joe biden, robert wolf did debate prep with the obama and clinton campaigns we'll talk to him about what he expects and we're going to ask him all about it, next. >> ♪ ♪ the shift has begun.

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president trump: we have a debate coming up and who knows, you know look. >> [applause] president trump: do you know what he's been doing it for 47 years i've been doing it for three and a half years so he should be able to beat me i would think. he's much more experienced. steve: you got president trump yesterday in ohio. the president and joe biden set to faceoff before america next week at the first presidential debate hosted by our own chris wallace, so here to discuss fox news contributor and former obama economic advisor robert wolf. good morning to you. >> hi, steve how are you? steve: i'm doing okay so there we heard the president actually raising expectations about joe biden, reminding people look, he was a u.s. senator for decades, he's good at debating he's going to do okay. what do you make of the tenor of the president now, because we've heard other things in the past, going into the debate.

>> you know, i think the rhetoric beforehand doesn't mean a lot, obviously i believe that the president has set the bar incredibly low for vice president biden but i think what's going to happen is what's important that night and we're fortunate to have chris wallace as the moderator but it's three things about vice president biden and president trump. one, what would you have done differently if you were in office. two, i think the vice president is going to have to counter any false claims that the president may make about the obama-biden administration, and three, the vice president is going to have to really show what his statements and vision are for health care, the recovery, climate change, and there's huge differences and believe me with someone chris wallace we'll make sure we hear those differences. steve: given what's happened in the last 72 hours i'm pretty sure they will have a vibrant debate over the supreme court.

>> yup, steve if i was vice president biden, i would say a few things. election has consequences. just like the house has impeachment, the senate has supreme court justices. recall after the kavanaugh hear ings and kavanaugh got confirmed, democrats won the blue wave and flipped 41 house seats, so i'm going to quote president obama. don't boo. there's nothing right now the democrats can do about this nomination confirmation. all we can win is at the ballot box so if auto it was joe biden, i'd be making sure that everyone knows my vision and get out to vote because if people don't vote then we can't keep complaining if we lose on the senate or the presidency. steve: but here is the problem, robert. you just said that if you were joe biden, you'd want everybody to know your vision, and yet we've heard the democrats talking about how they are going to blow up the filibuster and how they'd like to pack the court so yesterday, in

milwaukee, he was asked by a local nbc affiliate reporter, you know, would you pack the court and he said i'm not going to answer that and then he asked, he was asked, so who be on your list? because the president has been very forthcoming and joe biden says i'm not going to tell you that either, so obviously his strategists are of the opinion less is more. >> i don't agree with that, steve. i don't think he took the bait. he doesn't have to answer what he would do on a filibuster. steve: why not? because he doesn't have to answer that because that's not what the people care about right now. steve: it seems like it's the only thing the democrats are talking about, robert. >> steve, they care about jobs, okay? 20% of those jobs, 12 million people are still unemployed. 20 million people are under employed. we have a pandemic going on. people don't care about a filibuster, that's not at the top of anyone's mind. what's top of mind is what's going on in california wildfire,

what's going on in healthcare, the affordable care act. i agree with joe biden i don't think we should deter f what people are going to vote on i'm sorry i just disagree. steve: well you brought up the city, because the economy is doing great until the pandemic. i don't know if you saw axios yesterday but their big story yesterday was the wall street recession is over, and they talked about how the third quarter growth, the third quarter of this year will grow more sharply than any quarter in american history. no doubt, we went way down with the pandemic, but we popped way back up, so, trump will be able to say look, we're still digging ourselves out of a hole, but things are looking better than they were six months ago. >> steve let me be clear. i want a great economy. i hope we have a great gdp number. i hope unemployment goes way down. we want everybody in america working and the economy grows. that being said when they're talking about third quarter gdp

numbers, it's still negative gdp for the year. remember it's quarter on quarter so it's based on that growth so as they go up 30% we're still down 10% for the year so i just want to be clear that we still have 12 million people that are newly unemployed since the pandemic and our gdp is not growing, okay? the way that we expect it to grow when we did the trump tax reform. remember, used to say we're going to be 5-6% gdp in 2018 and 2019 we were 2.5% so we should be clear we're not having a super v-shaped recovery that's just not accurate. steve: you need to go to axios .com and read this article. because robert, it said the pandemic has not crimped economic growth and there's another story out that u.s. household net worth is at the highest level ever. we're actually let me look here, $380 billion above where we were

at the end of 2019. >> steve? 87% of all stocks are owned by the top 10% of this country. okay? this is so skewed to the wealthy are you kidding me, come on. you can not tell me that the middle class feels wealthier today since the pandemic. that's just not accurate. the facts are not telling that we're skewed to the top earners here that's why trickle down has not worked and its not trickled down. i know we're debating this with steve moore but that's just not accurate where the facts are. steve: well let's see what the two candidates talk about a week from today. >> i'm looking forward to it thank you steve. steve: robert thank you very much read that axios thing and get back to me. meanwhile 8:26 coming up dozens of former athletes are trading in their jerseys for badges. they are all on the same team at one police department. four of them, join us live, next >> ♪ ♪

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my psoriasis. cosentyx works on all of this. cosentyx treats the multiple symptoms of psoriatic arthritis to help you look and feel better. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. watch me! learn more at cosentyx.com. brian: from jersey to badges after retiring their college and pro uniforms, our next guest found careers in law enforcement

they're not the only ones. more than two dozen spokane police departments competed in college sports and say their experiences on the field helped them on the police force joining us now is police officer and former gonzaga university basketball player winston brooks, hi how are you? >> hi good morning. brian: canine handler and former major league baseball pitcher todd belits joins us now , hey, todd. >> good morning. thanks for having us. brian: no problem and police officer and former washington state basket bam player jen kear ns, alongside former university of idaho melissa coalman. let's go with you, ladies, melissa in particular. how does sports help you when you put on that uniform? >> i think just working as a team, we all have the same goal, same mission, and we just come

together and we work as a team, and try to figure things out, and do the best job that we can. brian: i know it helped you through the academy, right? >> oh, it certainly did, yes. brian: the discipline you need, the responding to the instruction, when you're out under pressure, does it also help? >> absolutely, you know, it doesn't matter which sport any sport will translate directly to law enforcement you always have to keep time and score in your head when you're an athlete and you always have to know where you're at and when you arrive on an active police scene it directly translates there. you have to know what you have and have you to know what you need. brian: winston you've been doing this job for 11 years, seven years in spokane. how much does basketball come into play? >> basketball is a huge team aspect playing in a group environment, staying composed. that's huge, in law enforcement in sports, having to keep a cool

head about you. brian: right and knowing what to do under pressure and having done it before certainly helps. do you think when you went through the academy process and you went through the application process did they like that in your background? >> yes. it was, it's big for athletes, i think to continue staying competitive and working in a team environment, and i think the more athletes that get into law enforcement the better it'll be, we know how to work in a team environment, we've had coach, we've had teammates, we've had other people that we had to work with and deal with. brian: todd you've been a canine handler for a while, a baseball player. when you're playing baseball, you could argue there's as much pressure in a one on one sport in a team environment as any. how did you make the transition? >> i think it's one of those things that the others have said that you miss the

comrad are and you look for that group and that team environment and it's no different than when you're playing whatever sport it is you learn to be accountable for your teammates an you rely on them and they rely on you and you understand that if you make mistakes, that you have the potential to let them down and so you more or less raise your game and your ability to play at that higher level because you know people depend on you. brian: what do your former teammates say about your new profession? >> most of them kind of figure that's the route i was going to go once baseball ended. brian: you're a law and order guy. thanks so much foretelling your story. hopefully you motivate more people to put on the uniform and get the respect you deserve thanks so much for joining us and telling your story, everybody. >> thank you. brian: no problem meanwhile straight ahead, she hasn't even been nominated but the media is already slamming supreme court contender judge amy coney barrett. >> leading contenders. >> a devout catholic.

brian: sarah sanders was in the white house for the fight over brett kavanaugh. she's here to react, next. >> ♪ ♪ don't forget your lunch! i'm making pizza on king's hawaiian mini subs. yum! king's hawaiian. you don't just get a bandage you get assurance that we take the right precautions to keep you safe. so you can defend your crew against the flu. get your flu shot safely from our pharmacy experts at walgreens but today there's a combination of two immunotherapies you can take first. one that could mean...

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>> whoever president trump nominates would move the court firmly to the right making it solidly conservative. one of the leading contenders clearly opposes abortion rights. a devout catholic she's a favorite among rein us conservatives. >> seven children, devout catholic would energize anti- abortion activists and religious rights. >> the 48-year-old barrett is a favorite of religious

conservatives for her aunts i- abortion views. ainsley: let's bring in sarahnd sanctuariers former white house press secretary author of the new book "speaking for myself" hey, sarah. >> good morning. ainsley: good morning so you wrote in your book about her, because the president, she's been on his list since the beginning, and you wrote that you really were pushing him or he was asking your opinion you liked her but you thought kavanaugh would get through easier. little did you know. >> [laughter] yeah, i definitely misread that one, but i don't think anybody could have imagined just how crazy the democrats would go, and just how many manufactured lies they could come up with about brett kavanaugh. let's not forget they literally accused shamelessly accused brett kavanaugh of gang rape. i mean, the idea that they pushed that outrageous lie and tried to destroy him and his family and literally put them through hell. i think should make all of us be very prepared for what is to

come with whoever the president puts forward coming up. it was absolutely an outrageous and epic fight during the kavanaugh confirmation hear ings. i played senator feinstein in that preparation and we had to ask someone who we hadn't known all that well intimate details about his life because we knew nothing was off the table for democrats. we can certainly expect the same of whoever the president puts forward, and i think they need to be very prepared for a very tough battle ahead. brian: so sarah, nobody knows more about politics than you. beliefs aside, is abortion something they could help, or hurt republicans with moderates and undecided and independents, and they will decide the election. so we know how republicans feel and the evangelicals feel, but what would help the republicans deliver the senate and get back the white house? because that will be on the

docket if this candidacy goes through. >> well i think it certainly uenergizes a lot of the republican base which absolutely has to turn out in big numbers for the president. i think it's a very solid move by the president to pick a conservative woman like judge barrett but let's look at what is already happening to her. they are already viciously attacking this conservative woman for her pro-life stance, but also, for her religion for the fact that she is a working mother of seven. this is a revealing moment for all of america, and i think it will show what democrats really think about women, and certainly what they really think about christians, how they handle this nomination, should it be judge barrett and already, what they're saying about her, i think tells us so much about who they think, what they think about women, what they think about working moms and what they think about christians, and i think it is disgraceful the path

that they're already going down against judge barrett. steve: sarah your new book " speaking for myself" has to do with life inside the trump white house. it's on sale now. it's a great book. what is going on inside the trump white house right now, because we are one week away from the debate and i noticed that the president over the last couple of days has actually been raising the expectations for joe biden, reminding folks, you know , he was in the senate. he was doing this debate stuff for like 45 or 47 years. i've only been doing it three and a half. so what's going on inside the white house? >> well i think there's a lot of things going on, one, they have preparation for a major supreme court nomination and fight ahead and also, i think one of the most consequential elections of our lifetime in front of us, just 40-plus days away, the president has to focus on both of those things. when it comes to the debate, of

course he has to be prepared for the expectations. he's not only debating joe biden in a week. he's also debating all of the liberal media who will be propping biden up. if biden simply gets through without staying awake and putting coherent together they will absolutely declare him the winner. they will do no favors for this president and so he's not just debating joe biden when he steps on to that stage. he knows that. he knows what he's up against, and again, biden made it through a very crowded field of qualified democrat contenders, and donald trump, i think, is going to do extremely well. it's important for him to draw the contrast with joe biden. he won in 2016 by doing that and making sure he painted a picture of what things would look lick under hillary clinton. he now has a record of success to run on. he should talk about that, and he should talk about his vision for america versus the vision of what america will look like

under a joe biden presidency. i don't think most americans want that. if he can do that, he's going to do very well in that debate. ainsley: we'll see we'll all be watching there is the countdown clock underneath you on the screen. thanks so much sarah good to see you. brian: we put that up just for chris wallace. ainsley: he is the moderator. steve: if we had a countdown clock to the weather it would go 3-2-1. ainsley: that's good, steve. >> janice: good morning, everyone. i love it. i love weather countdowns listen , i want to tell you about serious weather that's going on around the houston area, of course we had hurricane harvey a few years impact this region. it doesn't take a hurricane to cause quite a bit of damage. this is what tropical beta brought to the houston area just in a matter of hours eight to 10 inches of rainfall around the houston metro area, its flooded streets and its flooded neighborhoods, people can't get into work, so this is going to be an ongoing

situation throughout the morning into the afternoon, as this storm is not really moving very quickly, so it made landfall earlier today right near bay city, houston, and then up around towards the houston area and galveston, over the next couple of hours and then eventually, moving in towards louisiana and the mississippi river valley but the damage is being done right now for our friends in houston, texas unfortunately there is the forecast radar that takes wednesday and thursday to get this thing out of the way, and some areas could receive easily 8-10 even 15 inches of rainfall from this one weakening system so we will certainly keep you up-to-date. steve, ainsley, brian? back to you. brian: thank you very much, janice i've been elected to toss to jillian so i'm in luck. jillian? what's up? jillian: good morning let's start off by your headlines with this story that we continue to follow and it's good news here the second sheriff's deputy hurt in an ambush attack is now out of the hospital. the la county sheriff's department says she still has a long road to recovery.

her partner left the hospital last week. the deputies were shot sitting in their patrol car near a train station, 10 days ago. the gunman still hasn't been caught. a gofundme for the deputies has raised more than $720,000. the goal, they're nearing it is 750,000. >> this just in. michael bloomberg raises million s of dollars to help fell ons in florida vote. here is the back story governor ron desantis recently won a court decision to keep felons from casting a ballot until their fines and court fees are paid and the former democratic presidential candidate helped raise more than $20 million to pay off those debts. bloomberg has pledged an additional $100 million to help joe biden win in florida. >> are you head over heels for your dog? >> my birthday isn't for a month. >> that's okay they can't leave for three weeks anyway. >> turns out some people are

willing to ditch that puppy love for technology. who are these people? i want to have a conversation with them. according to a new survey 40% of people would give up their pooch for a month instead of their phone. and also found 44% would even sacrifice seening their significant other. the survey was done by online marketing platform simple text ing. how would rocky and apollo feel if you did that brian? brian: i'm not sure they're not speaking to me. >> what did you do? brian: i forgot to take them out yesterday. they had a real attitude this morning. >> that's your problem. brian: by the way we have the healthiest dogs in the world i never seen more americans walking their dogs, more often, than i have over the last nine months. i mean, these dogs are like please i don't need any more attention. >> they always need attention. ainsley: thank you, jillian. well you know her as a country singer and songwriter and this morning jessie james decker is cooking up breakfast for us

making fried breakfast tacos. stick around. steve: that sounds delicious. bacon! >> ♪ ♪ when their growing family meant growing expenses, our agents helped make saving on insurance easy usaa. what you're made of, we're made for. usaa

learned a second languageument applied to college applied for a loan started a business started a blog shared a picture shared a moment turn your wish list into a checklist, with internet essentials from comcast. when you're connected, you're ready for anything. ainsley: jessie james decker is a country music singer and

songwriter and she's a fashion entrepreneur and she's a busy mom and this morning, add cookbook author to that list. her very first cookbook, "just feed me simply delicious recipes from my heart to your plate" is out today and jessie joins us now from her kitchen in nashville to tell us all about it. >> hi. ainsley: you were on our show a few years ago when you had your lifestyle book but this is your first full cookbook right? >> this is my first official cookbook and i'm over the moon today about it. ainsley: that's wonderful tell us what gave you this idea why did you want to do this? >> honestly i think it was my fans and my followers, they were always messaging me every time i was cooking something or doing a story or posting something and they kept asking for the recipe so i thought i'd put it all in one place so i can get these recipes that i make in my kitchen. so they were my inspiration. ainsley: if you have not watched her reality show, she is such a bright light with the best personality and she close with her mom, her faith is important to her, she has a sister we

watched her get married and have her baby on the show watched you with your three kids i don't know how you have time to do everything you do. we see you in all of the commercials in your cute little bathing suit for the diet ads, you're so precious. >> i've got a good family and a good support system. ainsley: you do. >> my mom is, so i'm just very blessed in that i could not do all of this. ainsley: does eric help you cook >> he's a soux chef. ainsley: oh, good. what are you making for us today >> i'm going to make my breakfast tacos. we lived in texas for a while, and in san antonio for a little bit, so we picked up these breakfast tacos but what i like to do is put them on the grill or stove top and olive oil and fry them up real good so really simple but really delicious and take our scrambled eggs here, and just throw them in, but you've got to make sure you fry the tacos first that's the most important part. keep the bacon and if you don't

want to cook it, you buy it like this. ainsley: how many would you add? steve scalise here clapping. steve: all bacon. ainsley: what kind of cheese do you put on? >> i'm going to do light shred ded mexican cheese here and then we're going to add some avocado here and then after that , we're going to salt and pepper it, a little pepper. a little salt. ainsley: i want to watch you wrap it because that's the key. >> we're going to finish it off with louisiana hot sauce and sprinkle this year and then boom ainsley: how do you wrap it without it falling out of the sides? that looks real good. >> this old breakfast taco and we'll plate it right here and you kind of turn it over, if you'd like. just like so. ainsley: it looks delicious and do you know what's funny? i used to live in san antonio too and i went to the news room for the first time that morning, first day on-the-job and that's what they were serving breakfast

tacos and i was like wait you all eat tacos for breakfast and they were so good. it became something we did every morning. >> it's delicious, absolutely delicious. ainsley: everyone is going to pick up your book and it comes out this week just feed me it's in-stores now, jessie congratulations thanks for joining us we wish you all the best. >> i appreciate it. ainsley: thank you more fox & friends moments away. >> ♪ ♪ ...to soccer practices... ...and new adventures. you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past... they may be missing vaccination for meningitis b. let's help protect them together. because missing menb vaccination could mean missing out on a whole lot more. ask your doctor if your teen is missing meningitis b vaccination.

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>> thank you for watching. i'll be on "outnumbered" later and on the radio show coming up straight ahead. brit hume, doug collins, alan west and matt gaetz. >> trace: a showdown over a supreme court seat looming in washington as president trump and republicans race to nominate and confirm a replacement for justice ruth bader ginsburg before the election. now just six weeks away. good morning, everyone, i'm trace gallagher. julie, good morning. >> julie: i'm julie banderas, sandra is off. president trump is heading to battleground pennsylvania campaigning outside pittsburgh. joe biden will be in wilmington, delaware after a trip to wisconsin where he did not mention the vacancy left by the death of justice ginsburg. president trump says he is narrowing down a list of