>> we are going to pick a great woman. i'm asking sleepy joe biden to give me a list and he doesn't want to do it, you know why? because he can only put super radical left judges, people that would destroy your country. jillian: it is wednesday september 2, '03, donald trump pushing to confirm his third supreme court justice as he get surprising support from an unlikely republican senator. todd: it comes as the country honors ruth bader ginsburg who will lie in repose later this morning. jillian: a blockbuster announcement in the breanna

taylor case, state of emergency, the national guard is ready ahead of the decision. todd: the nfl season just started but contingency plans taking shape for the super bowl. the league declaring anything can happen. "fox and friends first" continues right now. jillian: we say good morning as we look outside the supreme court. thank you for starting your day with us. todd: you are watching "fox and friends first" on wednesday, very busy and somber day in washington. jillian: late justice ginsburg will lie in repose at the supreme court. todd: donald trump will announce who will fulfill the long-term justice's seat. jillian: griff jenkins outside the supreme court as senators have the votes for a nomination. >> reporter: it was looking like it would be a gop standoff, real

tight vote. because of an unlikely hero, mitt romney, the president got that important key gop vote in the confirmation process and the president was grateful in pittsburgh. >> very good for that, now i am happy. thank you. very good. very positive. >> reporter: the utah senator explaining his decision to reporters on capitol hill. listen. >> to proceed with consideration process and if a nominee reaches before i will vote based on the qualifications of that nominee. >> reporter: the senate map is all but there for moving things forward for the nominee that will be revealed on saturday. here's the breakdown, 51 republicans in favor, two oppose, 47 democrats oppose but

even with the numbers against the democrats are fighting back with continued calls to pack the court, that means of democrats win in november they will look to add justices to the high court. joe biden refused to answer questions whether he would take that step telling a local green bay station let me tell you why i'm not going to answer that question, because it will shift the whole focus, that is not what he wants, never wants to talk about the issue at hand, the president continued to hammer away at joe biden, releasing his list of candidates he would consider. >> now i am asking sleepy joe biden to give me a list and doesn't want to do it because he can only put superradical left judges, people that would destroy your country, people that would destroy your country. >> reporter: history will be made today, justice ginsburg will arrive at 9:30, there will be a private ceremony, and then

she will lie in repose today and tomorrow for the public with tens of thousands expected to appear, on friday she will travel across the street and lie in state at the capital in statuary hall, a first-ever for a woman july and stayed anywhere in the capital breaking barriers yet again. todd: with senator romney on board donald trump is almost certain to get his pick through the senate. jillian: marsha blackburn says this will only further inflame the left as they push to pack the court. >> joe biden won't tell you who he will nominate because what they are looking for his activists that are going to rule against our freedom, freedom of religion, freedom of speech, our second amendment rights and turn the supreme court, expand it and turn it into another legislative branch. jillian: as we expected but now

we can confirm the supreme court vacancy is going to be one of the topics discussed at the first presidential debate which is happening tuesday the 20 ninth moderated by chris wallace. that is one of the topics, we can bring the other ones up for you, trump biden record, covid-19, the economy, race and violence, the integrity of the election. todd: obviously this is ground breaking news, all eyes will be on the supreme court nomination, but let's not forget about violence in the cities. for donald trump, for his perspective, he needs to stay on message between now and election day to get that undecided suburban woman in the swing state. that will decide this election based on the pollsters you speak to, not saying -- there are swaths of voters will vote on the supreme court, i feel like he has those people, stay on message.

jillian: moderate and independents will have a heavy sway. this could sway moderates or independents, conversation about the supreme court, what you mentioned in the last hour, we didn't think this was going to be such a conversation, people would necessarily be voting for. we didn't think this would be a topic in the debate especially the first one. some people are opposed to the big topics, tom steyer sent out we, quote, this is unacceptable, the climate crisis cannot be ignored, sign our petition and demand the climate crisis is discussed on the debate stage, reminded the two other presidential debates in addition to the vice presidential debate. todd: i don't think anybody is taking a step back and saying climate change isn't important. we always clean water, we always clean-air but there are things that are literally pressing within the next few weeks that are very important that we hear from both candidates on and that

is why these are the topics but there is more time to go. jillian: people are voting now. a lot of these topics need to be discussed. look at what you say at home, twitter user says the topic seems to be the topic at the forefront of a lot of people's mind at the moment, they are perfect for the first debate with two more debates to come. todd: mike. you know mike on twitter. china and iran should be discussed. we will be talking about china and iran throughout this newscast. we do have time. jillian: i am sure that will be discussed. a reminder, you will want to be watching, we will too, chris matos -- chris wallace moderates on tuesday at 9:00 pm. in the meantime protesters marched through barricaded streets ahead of the decision in the breanna taylor case. todd: tensions remain high as the city remains for unrest, federal buildings, declaring a state of emergency. carley shimkus joins us as we await the decision.

carley: kentucky attorney general daniel cameron is preparing to announce the officer involved in breanna taylor's death will face criminal charges. it is unclear when the decision will come but the mayor has declared a state of emergency. >> we hope that announcement is coming soon so the city can learn the facts, and begin to heal and take the next steps in the ongoing fight for racial justice. jillian: it has been barricaded off as police restrict access and businesses are being encouraged to have employees work from home. >> l mpd and others are trying to ensure that any reaction is one where people can give voice but at the same time we don't see violence or property damage. jillian: the protesters marching

through barricades tuesday while staying peaceful, this is one of the officers involved in taylor's death defending his actions, jonathan mattingly sending an email to the entire police force saying, quote, i know we did the legal, moral, and ethical thing that i, taylor was shot and killed when police used a no knock warrant in her apartment in march. those warrants have since been banned, the city announced a $12 million settlement with taylor's family last week which included a series of police reforms. illinois is preparing for protests, the national guard has been placed in a state of readiness ahead of the decision. jillian: thank you. todd: a bird strike forcing air force 2 to return to a financial airport with mike pence on board, that makes it air force 2. one of the engines was hit during takeoff, the white house and staff were not in danger, the white house making the return of caution. the vice president was near

manchester for a campaign event, a cargo plane. jillian: it is 9 minutes after the hour. a deal struck to avert a government shutdown, how to get the deal done. todd: it appears republicans have the votes to fill the vacant supreme court seat. commitment james comeour says that is good news for america, he joins us live next.

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todd: thanks for joining us on wednesday morning, you're looking at capitol hill, lawmakers avoiding a shutdown in a bipartisan vote on a stock back funding bill. jillian: it was almost stopped by clashes over farm age. ranking member congressman james comeour. you are a farmer. i'm curious what you think of this, what do we need to know?

>> another example of nancy pelosi and the house democrats, they have clear and utter misunderstanding of agriculture and rural america, the credit corporation is very important to rural america and also could perhaps be the fact that policy she did understand what she was blocking, she has precedent against rural america and farmers because she knows they will vote for trump and overwhelmingly for republicans. i'm glad republicans stood up for farmers and rural america and got this funding back in the continuing resolution and pastor last night. todd: nope unintended when you said utter. let's get back to the serious topic of the day. something that are in the spending bill which does fund the government through december 11, $8 billion in nutritional assistance, flexible you foodstamp requirements, expanding the school meals program and farm aid. a lot of our viewers our farmers. did this bill go far enough to

support the men and women who farm our heartland? >> a terrible time to be a farmer. farmers are at the frontlines of the trade war with china but every farmer i know and understand that they have to do this. this is something for the future of their children and grandchildren, we have to stand up to china and get a free and fair trade deal. they support the president but in the meantime the president and congress half past a series of assistance programs for farmers, they all flow through the commodity, that is why it was so important to get that put back in the budget. pelosi didn't understand or was taking it out on farmers and rural america. jillian: everyone was wondering where mitt romney would fall on the vote on the president's supreme court nominee, now we know he does support that. were you surprised?

>> i am not. mitt romney is a good man. he represents one of the most conservative states in america, use our. i don't think he could sleep at night if he passed on an opportunity to give utah another supreme court justice. this has been a sore spot with conservatives for decades how liberal the supreme court has been. this will be the president's hopefully third nomination to the supreme court, a third of the supreme court under donald trump and if this selection is as good as his previous two i think the people of utah will be happy and mitt romney put aside his disdain for the president and is going to do the right thing and fill the supreme court seat. todd: are you worried about how democrats can retaliate to this? >> i am. we all heard rumors for months the democrats have been whispering in their big donors liberal base's ears that if they

took over the senate, regain the presidency and maintain the house they would add two new supreme court seats to stack the supreme court, try to make washington dc and puerto rico states to give them four new senate seats. we have all heard the fact the democrats are campaigning, they will try to stack the court and stacked the senate with two additional states so the president's responsibility to nominate, the senate's responsibility to confirm and i am glad they are doing what they were elected to do to fill that seat. todd: thanks for getting up with us, we appreciate your insight this morning. jillian: it is 17 after the hour. seattle city council pushing ahead with the funding the police, they are paying 6 figures to find alternatives. todd: donald trump urging the world to hold china accountable for the pandemic, gordon chang

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>> the chinese government and the world health organization which is virtually controlled by china falsely declared there was no evidence of human to human transmission. later they falsely said people without symptoms would not spread the disease. the united nations must hold china accountable for their actions. todd: donald trump urging the un general is eligible china accountable for unleashing covid-19, calling of the world health organization for failing to act in the early days of the pandemic. gordon chang said china

purposely spread the disease beyond its borders, he joins me to explain. that is quite a claim. you are saying china weapon iced the virus by purposely allowing it to spread beyond its borders. >> correct. in december, january, february, xi jinping new would lead to the spread of the disease which means it is a deliberate act. he knew probably in the second week of december that the coronavirus was highly contagious but he tried to convince the world that it was not. he enlisted the world health organization which issued a statement on january 9th in the infamous tweet on january 14th that this disease was not contagious. xi jinping sought not -- arrivals from china when he was locking down wuhan and other cities which means he knew these measures were effective in

spreading disease, and spreading the disease beyond china. >> the chinese ambassador, china firmly rejects and opposes groundless accusations made by the united states against china when the international community is going all out to fight covid-19 the united states is spreading a political virus. let's - what steps to the un takes a hold china accountable. >> to confiscate chinese assets in their borders, this is absolutely necessary. we don't want to impose costs on china but if we don't, covid-19 is not the last pathogen that will escape from chinese soil,

we have more than 200,000 deaths from this disease in america, 1 million worldwide, this is a crime against all humanity. >> we focus on so many others. >> mike pompeo threatening with sanctions, you say this is the right move. >> piece is breaking out in the region, bahrain and united arab emirates, sunni arab states will do that, that will create stability in the region for the first time in decades. arms sales, this is completely unacceptable. todd: china doing a little bit about this.

>> that is part of the motivation. they want to destabilize the region by establishing a strategic partnership. they are indicated iran's terrorist organisms. it does irritate the united states. >> cloudy and foggy world you are a beacon of information on this issue and we thank you for consistently allowing us time to let us know what is going on. >> appreciate it. shannon: 87% of new york city bars and restaurants couldn't make august rent. the hospitality alliance so the funds are sorely needed, his plea next. the air force academy with nails and the new uniforms, the fierce fighting force cadets will honor.

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yum! king's hawaiian. >> there will be no more industry, there will be no more country. that would end, shutdown all fracking and all mining immediately in pennsylvania sending your jobs overseas, sending her money to somebody else, not you. my opponent is against oil, guns and god. todd: donald trump slamming joe biden during a rally at pittsburgh international airport, kamala harris hitting the campaign trail in michigan, small business owners in flint and detroit, two of the largest

cities, saying the democrats path to victory, quote, runs straight through michigan. donald from calling out joe biden for flip-flopping honest and on fracking after he walked back his comments. mister biden will make his first are to north carolina as democratic presidential nominee, former vice presidential campaign will stop in charlotte one day before donald trump is set to visit target state, trump made four campaign stops in north carolina. jillian: new york city restaurant owners and restaurant owners across the country are bracing for winter after 6 months of pandemic closures lead many financially devastated and unable to make rent. joining me to speak out is hospitality alliance executive director andrew ritchie. we appreciate it. >> thanks for having me. jillian: these numbers are devastating, according to the hospitality alliance, 87% of

bars and restaurants could not afford the rent, 34% not being able to pay their rent at all. what do those numbers say to you and how do we turn around? >> you were spot on when you use the word devastated, these small business owners have been financially devastated. someone didn't like their burger or there is bad service, we've been mandated by government to close down and stay shut, now we need the same government to help these business owners get reopen and stay reopen, if our restaurants are gone, cities, towns and country start to the road, restaurants are the backbone of the united states. jillian: a lot of restaurants trying to figure out their plans for the winter. a lot of them have been allowed to utilize outdoor dining, filling in streets and sidewalks and things like that but at some point that will end and indoor dining starts next week in new york city, 25% capacity.

do you think that will help a lot of these struggling businesses? >> whether it is 25% or 50%, we have a roadmap to get to, that is not going to be enough because pre-pandemic, it there was 100% occupancy so we need government officials to pass the restaurant act, bipartisan piece of legislation that will help cover their rent so we don't see default throughout the system to pay vendors like the farmers, produce, the fishermen they get their fish from and the person who seldom beer. we are part of the economic ecosystem that needs to rebound for the country, to rebound. jillian: what to the restaurant owners say to you? >> your heartbreaks for them. their personal savings trying to

keep people employed, trying to keep their business open because they are at with's end and don't know what to do, these are big corporations with lots of cash reserves, people who work so hard over so many years to create your neighborhood diner, your café, the place you go on your first date to celebrate different celebrations like birthdays, dire situation and we need to support these people. >> it is sad to hear how they are working and how much people had to empty their savings accounts they worked their entire life to keep a hold of, truly awful. we appreciate it. >> days after the justice department labeled anarchist jurisdiction, city council votes to override mayor durkin's veto of bills to cut police funding. >> can no longer accept the

status quo if you believe black lives matter. my vote is one action to move our city toward a more just society. >> and so the council's plan includes eliminating 100 officers by november, the command staff pay 150,$000 and ending homeless camps. the convicted him as a street czar. andrew taylor being paid $100 a month to come up with alternatives. inside the nypd calling it your fabrication. the officer, naturalized us citizen accused of in new york city, 2018, prosecutors say he offered sensitive information about internal police operations, beijing claims it is part of a plot to smear chinese diplomats in the us, the

pentagon sending troops out of afghanistan by may according to a top defense department official, these comments, is this works out of a brokered peace agreement with the taliban, there are 8600 servicemembers in the war-torn country. extreme weather the remnants of beta stalling over southwest texas soaking the region with torrential rain the storm flooding out roads and neighborhoods, some areas seeing 14 inches of rain, the fire chief has 100 water rescue since it made landfall as a tropical storm. >> joe biden blasting the ideas that he is a socialist. >> that is how i got elected, got the nomination. do i look like a socialist? >> will his or marks alienate bernie sanders supporters? todd: a pro-life activist warning christians to prepare for a backlash.

the change ibd socialist, that is how i got the nomination. do i look like a socialist? look at my career. i'm not a socialist. todd: job biden blasting bernie sanders to distance himself from the presidential hopeful, pledging he would not pursue a socialist agenda. jillian: media reporter for the hill joined us in the last hour to react. >> i think joe biden realizes in say somatic, wisconsin, michigan, pennsylvania he needs more independents than the progressive left wing of the party that doesn't exist in those states and more in los angeles and new york. jillian: sanders endorsed biden after working together to develop a unity platform.

todd: john cotton, calling out biden for a track record being swayed by the far left. >> joe biden may not be a socialist but he is a weathervane and he has blown whichever way the wind has gone for 50 years. presenting himself as a centrist, that is what he did. joe biden says he will have the progressive administration in history. the green new deal and the tax hikes, radical proposal by democrats, joe biden won't renounce the radical idea, the constitutional duty to confirm the president's nominee. jillian: senator cotton court packing which means adding more justices to the supreme court, renewing calls for this as donald trump was poised to get his third supreme court pick.

todd: patricia heaton warning christians ahead of the supreme court battle to fill the vacancy by the late ruth bader ginsburg tweeting be prepared for social media to be filled with an onslaught of arrogant pronouncement based on religion in general, specifically, catholicism in particular, if he bit them on the bum. comments come a circuit court judge amy amy coney barrett is floated as a possible replacement. social media lighting up, carl on facebook writing love her for standing up to hollywood and seeding through to her beliefs and alicia posting i am sorry but there is a separation church and state for a reason. >> time magazine's book of most influential books released, those making the cut donald trump, anthony fauci and william barr, the magazine saying the middle east, fulfilling his

promise to appoint conservative justices. todd: another year, live it. 41 minutes after the hour bringing home the bacon, the wealth of american households had is a record high under donald trump. somebody else should be on the list. cheryl casone. jillian: lori loughlin's kids getting an unfair advantage, the wealthy and well-connected next. ♪

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heather: music, despite the coronavirus pandemic american households hitting record high.

jillian: the money milestones. >> reporter: can we patent all of this? american households collect net worth of 7% for the second quarter, this is big news, an astounding number, $1 trillion is a record high from $111 trillion in the first quarter, with the stock market staging a rapid recovery following when the nation shutdown earlier in the year-end business reopening across the country these numbers could go higher, and a week from friday, more good news on that report. jillian: what it revealed. >> reporter: the a college admission scandal broke.

california state audit, 60 wealthy students over the last six years, 22 of those, who made sizable donations, shouldn't surprise anybody. accepting students in general, expect the admission process will get a look see. todd: elon musk making eye-popping announcements. >> reporter: this is big. battery day, it was quite a day for elon musk made big promises, 30 percent-40% from last year, make its own large batteries sell, how to make batteries more

efficient, he predicted 25,$000 self driving car, pretty ambitious. you never know. jillian: never put anything past them. heather: is crushing. jillian: the super bowl is 5 months away in the nfl in tampa officials making contingency plans, because of the uncertainty of the coronavirus including plans for now fans at all. they will make the decision with medical experts, super bowl lv is set for february 7th. todd: the air force football team honoring teske gi airman with special uniforms, the jerseys had black lettering and

customer entailed -- inspired by the hands a letter name painted on the outside of the 51. they will debut that look, nadine next month. jillian: los angeles police officers rescue a disabled man with seconds to spare. watch this. the officers pulling the man out of the van before go up in flames. he could not get out on his own because he has a wheelchair, the officers were not able to save his wheelchair so they replaced it. todd: we need to remind the viewer there are great people out there. jillian: 11 minutes after the top of the hour, the president getting support from an unlikely source. >> to proceed with donald trump's nominee consistent with history.

>> mitt romney's throwing support behind the next supreme court justice. reacting to the game changing announcement coming up.

todd: a live look at the supreme court, washington, d.c. where the body of late justice ruth bader ginsburg will lie in

repose today and tomorrow. jillian: even in her death she continues to make history. on friday she will lie in state at the capitol. the first one to ever do so. todd: that is amazing when you think about the history of this country how many amazing women have made convictions to this nation. she is the first a trailblazer like you said on so many levels. jillian: absolutely. we will have it all covered for you here on fox. todd: with that. >> it's appropriate to look at the constitution and precedent which has existed since the beginning of. the garland decision was consistent with that the and the decision to proceed now with president trump's nominee is also consistent with history. todd: just heard right there utah senator mitt romney falling in line with the party with a trump supreme court nominee. jillian: the move allowing republicans to forge ahead when the president makes his pick saturday. u.s. attorney for utah brett tollman joining us now to react. good morning, good to see you.

>> good morning. thank you. jillian: were you surprised when you heard this. >> look, it's no mystery that senator romney does not like this president. and i think if he had any chance to frustrate him without compromising some basic fundamental and foundational beliefs that he has, he probably would. but, at this point, i think it tells you how important and vital this nominee is and how the republicans have a purpose here in trying to preserve the constitution in their eyes. todd: take a look these are the likely scotus nominee breakdown as it stands there 51 g.o.p. senators in favor. do you see any land mines that could derail confirmation? >> well, you know, we didn't see anything coming with kavanaugh. and if you look back at sort of the history of the nomination process, the democrats have been very open about their attacks on

these nominees from bourque and thomas to kavanaugh. so, you know, it's anybody's guess what is going to happen, but i will tell you there are some nominees right now that i think are going to be very difficult for democrats to deal with. jillian: it's interesting though when you think about whose base this might energize even more as something the people are thinking about when they are going to the polls or when they are voting right now, a lot on the left as you know don't want this to happen. do you think this energizes the democrats' base more? >> well, there is no question it's going to energize them. i hear from a lot of friends there is rallying going on. but the problem they have is this is going to rally the republicans. i think it's an opportunity for the president. it's more significant for a sitting president of the united states to nominate a justice. i think there is a lookout of memory about what happened to brett kavanaugh.

and so, you know, we will see what happens. but, i would be hard-pressed to believe that the democrats are going to rally more than the republicans on this, if they get the nominee through the senate. todd: are you worried about retribution from democrats in the future? >> you know, i never thought i would hear, you know, threats of packing the court. it's concerning to add additional seats. they complain about mitch mcconnell about him controlling and utilizing his power and authority. at the same time, they are willing to alter the fundamental foundation of the constitution when it relates to the supreme court. and so that's a drastic move that i see no end to because what will the republicans do when they get in power after the democrats pack the court? jillian: let's change topics here and talk about this for a second. the doj announces the largest international opioid bust in dark net history. what do you know about this? >> well, you know, i know the

focus of the department of justice has been to attack fental and the opioids that are being districted. it's a new ear wrath drug distribution. it's very challenging to keep up with the technology. so, you know, the aspects of this case that are fascinating are both the use of technology but also the cooperation of international authority. that's very unusual to see. some countries fall in line and work with the united states to take down such a large operation. todd: how big a dengted, brett, will this make in the opioid crisis? >> well, sadly, you know, there is case after case that seems to be coming down the pipeline. there is no end to the money that's being made. it's easy to make this stuff. and it's being districted from, you know, college students to hard core dealers across the country. so, i don't see an end to it. we have to stay on top of it. but it's going to take a lot of effort by countries working together to try to root it out.

jillian: we have about 30, 45 seconds to go. for the folks at home watching details. $6.5 million in cash and crypto currency seized. 179 arrests. brett, what does this tell us about what we don't know that's going on in our country? >> what it tells us is there is an underground operation that is wide and vast and we're just beginning to understand it and to start to dismantle it so there is a lot of work ahead of us. todd: you are confident despite covid and economy and the nation that we have, that the nation the people in charge of this stuff have not forgotten about the opioid crisis. >> yeah. there are so many men and women in the trenches whose job it is to try to protect us from these types of scowrges. we don't talk about them all the time. while we focus on politics, but they are working hard. jillian: absolutely. brett tollman, thank you very much for your time. we appreciate it?

>> thank you. todd: thanks, brett. with that set your dvr for 4:00 a.m. eastern every morning so you never miss a moment of fox and friends first. jillian: that's right. and the news continues right now with three hours ahead of fox and friends. and that begins now. have a good day. ♪ ♪ >> the decision is going to be announced on saturday, 5:00 on saturday at the white house. [cheers and applause] >> supreme court vacancy has become maybe the most important issue in this presidential race. the. >> the list of topics for the first presidential debate announced. >> trump and biden's record. the supreme court covid. the economy, race and violence in our cities and the integrity of the election. >> override mayor jenny temperature can's details going to cut funding in the city's police department. >> mike bloomberg raised over $16 billion in an effort to get florida felons voting rights. >> i believe there may be a