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 criminal investigation already

underway of the bloomberg connected activities. >> talk to the voters that have worried about socialism and you raising taxes. >> i do look like a socialist? i beat the socialist, that's how i got the nomination. ♪ shut up and dance with me. brian: i have never said that this is fox and friends. 87% of eateries can't pay their rent because they are not allowed to open up. i digress, the former vice president of the united states will be in charlotte, north carolina today. his wife won't be. she will be in arizona. as 2020 is now 42 days away from election day. steve: do you know what? i have a prediction, they won't answer questions again because some people would like to get the bidens on the record would

you pack the court? would you get rid of the filibuster filibuster can we see your list of justices for the supreme court. you know what? they are busy. joe is, as we heard the president talk last night about joe biden. the president wonders whether or not joe biden may actually wear the mask during the debate. he also wondered why joe biden spends so much on plastic surgery if he is going to be wearing the mask but that's something else. ainsley: big news is mitt romney. he said he would consider the nominee and possibly take a vote. he said i intend to proceed with the consideration process and the president said that makes him happy and he thanked mitt romney. and in just hours, the late justice ruth bader ginsburg will lie in repose at the supreme court. brian: this as president trump says he will announce his pick to fill her seat on saturday. steve: 5:00 saturday i do believe. griff jenkins is out in the dark outside of the supreme court. where all eyes are on that building once again today.

griff? griff: they're indeed steve, ainsley and brian. good morning, ainsley. you mentioned mitt romney. let me tell you 24 hours ago you and i were talking about a looming g.o.p. showdown but unlikely hero was romney delivering the key g.o.p. vote to push the confirmation process forward after collins and murkowski were going to oppose. the president expressed his gratitude for romney's vote. listen. >> romney was very good today. i have to tell you. he was good today. now i'm happy, thank you, thank you. so, he was very good. very positive statement. griff: the utah senator explaining his decision to reporters in the hallway on the hill. >> what i intend to do is to proceed with the consideration process and if a nominee actually reaches the floor then i will vote based upon the qualifications of that nominee. griff: now with romney's support the proverbial math.

51 senators in favor. two oppose. 47 senators opposed. pat ward confirmation. even with the numbers against him, democrats with fighting back with calls to pack the court. that means if democrats win in november, they willed a seats to the high court. presumably that's at least four to override the 6-3 conservative majority. joe biden refusing to answer directed questions whether he would take that step telling a local green bay station quote let me tell you why i'm not going to answer that question. because it will shift the whole focus. that's what he wants. he never wants to talk about the issue at hand. meanwhile, president trump hammering away at joe biden for not releasing his own list of potential candidates. listen. >> now i'm asking sleepy joe biden to give me a list. and he doesn't want to do it. do you know why? because can he only put super radical left judges on. people that would destroy your country. people that would destroy your country. >> now, just a few hours,

history will be made. justice ginsburg will arrive here at 9:30 private ceremony with family members and other members of the court. then she will lie in repose where tens of thousands of members of the public may come and visit her over today and tomorrow. then on friday, she will go across the street and lie in state at the capitol in stat area hall a first ever for a woman. yet again breaking a barrier posthumously. brian, ainsley, steve? ainsley: thank you so much, griff. when it comes to filling the supreme court seat. the president did say at the rally he was going to pick a woman. is he going to pick a great scholar, a brilliant woman. he said the justices set policy for 50 years, when it comes to impeachment he said these people are stone cold crazy. brian: yeah. the president embraces -- you forget about it but during the impeachment, his ratings he went up about 5% and then the pandemic hit and we weren't really hitting about it. ainsley: welcoming it.

go ahead and do it. brian: such a distraction, ainsley. during that time the pandemic was taking root and obviously congress was distracted and just like bill clinton was distracted when bin laden was taking -- was plotting and planning, we know what happened during that impeachment. but, during this whole time, we never get joe biden's opinions. we say one thing during the primaries. saying another thing now. and when he is questioned, he says it's all about donald trump. he wants to switch it on the president. i don't think he has that luxury. when it comes to something like packing the court. that's called an immediate agenda. if you pack the court for the first time since 1869, that's something the american people should know about ahead of time. and the word is through the democratic circles that they are saying joe, whatever you do, don't comment on what ed markey and jerry nadler steartded over the weekend. and that is packing the court and getting rid of the filibuster. here's brit hume. >> the big issue is the court and the opening and the opportunity the republicans have

to fill it. and the desire of democrats to block that i don't know that joe biden can duck questions on this perpetually. my sense about his instinct is that he recognizes that the idea of court-packing strikes a lot of people that it has a bad name court-packing that sounds bad. he maybe want to shy away from it for that reason. i don't think it's totally about the feeling that keeping the focus off trump. although because not answering that question doesn't really do that. brian: a couple of things, when it comes to court-packing don't say fdr failed. he threatened to do that because they are holding up a lot of his new deal proposals. because he threatened to do it the republicans said you better not. when they pulled back on it, he got what he wanted off the new deal because he threatened to, you know, increase the size of the court. and the last thing on this politico talked to about over -- they say over a dozen republicans. only a handful think this can

get done, steve, before election day. steve: well, mitch mcconnell said i'm going to wait to seat timetable from lindsey graham. lindsey graham is essentially going to started of the committee hearings it, sounds like, on the week of october 12th. it will take about a week. and then they could have a floor vote before halloween. however, mitch mcconnell has not committed to you that because he has a number of vulnerable republican senators who he does not want to put on the hook. the president would like to see it happen sooner than later. the whole thing about court-packing ultimately though there are two important points to remember about that. why won't joe biden talk about it? because his handlers have made it very clear. whatever you do, don't talk about anything other than coronavirus and about president trump's character. the reason for that is if he starts talking about court-packing it is thought popular. a group called data for progress

a progressive polster unit and they have done a poll on it. and they have found that only 40% favor court-packing if a republican is -- if the republicans confirm trump's nominee. so it's not even popular with the progressives. meanwhile, here's the thing to keep in mind. joe biden can try all he wants, ainsley and brian, not to answer questions from the green bay reporter or peter doocy who tried to get kamala harris twice yesterday. brian: who likes green bay. steve: maybe. i think they were in flint. but, he will not -- they will not be able to not answer the question at the debates. and chris wallace is going to ask about court-packing and other things because we got from the commission on presidential debates the list of topics. they will go through and each of these topics will go for about 15 minutes. trump and biden their rowrdz, the supreme court, so clearly there is going to be court-packing talk there. covid there is imlg a lot there.

the economy. race and violence in our cities and integrity of the election. there will be no particular order and made it clear there is a possibility that the topics could change based on the news. keep in mind how the dialogue of america has changed since friday night when it was announced that ruth bader ginsburg had passed. ainsley: that's now the second topic the supreme court. senator kennedy has said this has become the most important issue in the white house race right now. listen to. this like it or not, the supreme court vacancy has become maybe the most important issue in this presidential race. and president trump is shortly, i'm told, going to tell us where he stands. i think vice president needs to do the same thing and he had needs to either support or

condemn his colleagues who have threatened to destroy the u.s. supreme court by packing it. ainsley: the president said that the reason that biden is not answering these questions, can he only put left radical judges on the court that would destroy or country. but he is going to have to answer those questions. i don't know how is he going to skate around it during the debate. the debates next tuesday will all be watching 9:00 to 10:30 p.m. here on fox. brian: he will look just as bad if he skates around it than if he answers it. 90 minutes. no commercial. we don't know from will be a sponsor maybe leaf guard. steve: i heard my pillow. brian: please, one more commercial i'm going to get some rest. joe biden is asked in this thing called the follow-up question about being a socialist. and the document he signed with bernie sanders essentially it's a zero rice of memos of understanding that joe biden is going to be more like bernie and bernie is not going to budge at all. remember, when joe biden is asked a few questions, he says

some pretty angry things and maybe some things that create news. these why though they keep him away from questions. here's another example yesterday talking to a local affiliate wluk about bernie sanders. listen. >> he said address our camera directly. talk to the voters that are worried about socialism and you raising taxes. >> i beat a socialist. that's how i got elected. that's how i got the nomination. i do look like a socialist? look at my career, my whole career. i am not a socialist. brian: yeah, but the reason why you have united the democratic party is because you are not a moderate. because moderates would not have aoc, would not have the squad. would not have the democratic party behind him. would not have senator markey. so i think he has got to be asked when the rubber hits the road. and if he decides to go moderate, he is going to have insurrection you have democrats who go who put this guy up there. steve: politics are

transactional. joe biden saw the writing on the wall and he was losing until south carolina and james clyburn came up and endorsed him and then he won and that completely turned everything. but he is a realist, joe biden is, and he realizes that the only way he could win at that point was he had to get all of those bernie sanders voters and supporters on his side. that was the conventional wisdom. the only way joe could win is with bernie's help. and now for him to refer to bernie as the socialist, yeah, i beat the socialist. well, that's really something. but then again if you are a socialist or if you are an activist in the party and your party politics do not align with joe biden. that's okay. because all they have got to do is they have got to get him in the white house once he has the keys to air force 1 in his pocket, they can change him. we have heard that time and agained in the last couple months. ainsley: get that trojan horse through the gates and then we

will jump out and push biden further to the left. brian: could i add one thing to what biden said? different from the fact he is not a socialist. no one thinks is he a socialist. steve: bernie? brian: the way he answers that shows that lack of skill and temper again. hey, bernie sanders and i have been friends for a long time we differ on some issues. you don't say i beat the socialist. that's the same guy that says are you a junky? and that's the same guy that says you ain't black if you don't vote for me. these are knee jerk responses to somewhat contentious questions which should give a clue to the president how to tick him off. ainsley: brian, when he says look at my career, i'm not a socialist. and he is blasting bernie, i beat the socialist, but look who he chose as his vice presidential nominee. brian: good point. ainsley: kamala harris, the most radical person in the senate. she vote you had to ban fracking, wants to raise your taxes, praised l.a.'s mayor by

slashing the budget by $150 million. she wants to stop construction on the border wall. free healthcare to illegals. i mean, look at her record. brian: right. good point. there you go. steve: lots to talk about today. ainsley: let's hand it over to jillian who has more headlines for us. jillian: bleefnts there is more. protesters march through barricaded seats of louisville as the city braces for the decision in the briana taylor case. declaring a safety emergency. police are restricting access to downtown. hundreds of buildings now boarded up. taylor was shot and killed when police used a no-knock warrant on her apartment in march. the officers involved haven't been charged. there is still no word on when the announcement will happen. happening today acting home land security secretary chad wolf heads to capitol hill for the start of his confirmation hearing. he will testify before the senate homeland security committee. wolf has been the acting held of

the department since last november. president trump no, ma'am nighted him for the permanent job last month. it's not clear how long the hearing will last. tonight the masked singer returned for season four on fox. >> here we go, season four. [cheers and applause] the hit show returns with new celebrity contestants and crazy cos tombs. the new season will look a little different it. will use augmented reality technology to make it seem like there is a full studio audience. fans can vote on their favorites for the first time. the judge also compete for their own prize the golden ear. the masked singer airs at 8:00 p.m. eastern on fox. steve: they were ahead of the curve on the whole mask thing. brian: way ahead of the curve. very goofed point. thanks a lot, jillian. 16 mention after the hour. still ahead, a police officer saves a disabled man moments before his car bursts into flames. the historic rescue caught on camera. you will watch it and you will see more.

alarm. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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 ...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.

♪ >> the appointment of a united states supreme court justice was much more important to the voters than i thought. and they are right. they will set policy for 50 years. whether it's life. whether it's second amendment. your second amendment. so many presidents they don't have the chance and it's so important. jillian: well, president trump you can hear there touting the supreme court's ability to set policy for decades as he plans to nominate his third candidate this saturday. here to discuss is arkansas attorney general leslie rutledge. good morning to you, leslie. >> good morning. >> how historic is this.

>> this is absolutely important. what another landmark appointment by this president. a third u.s. supreme court nomination during his term and we will expect more during his second term. this saturday we will hear that the president has nominated someone utmost qualification but it's going to be a battle royale in the united states senate and across america. i agree with u.s. senator kennedy from louisiana that this is the most important issue right now for voters as we go in the last 4 o0 days. ainsley: interesting how politics can change at the drop of the hat. on thursday this was not the most important issue to many voters. it was probably the economy or covid or law and order. and then on friday everything changed with the passing the ruth bader ginsburg. >> indeed. we saw this even in 2016. i was the only elected official in the state of arkansas to go to convention in 2016 as a trump delegate and the reasonable why i did so i said i have two

words, supreme court. and that was a big issue in 2016 as we see the age of the justices on the supreme court and the importance of these decisions. these are 50, 60, these are generational decisions that the u.s. supreme court makes. i know we have an argument coming up october 6th with regard to pharmacy benefit managers. we have the aca case coming in november there are big decisions made by the court that last for generations. ainsley: let's talk about what's happening in florida you can't vote if you are a convicted felon and haven't paid your fine. bloomberg, mayor bloomberg, former mayor of new york city, lots of money, he raised $60 million to pay those fines so those convicted felons can go to the polls. matt gates, this is what he said about it. >> there may be a criminal investigation already underway of the bloomberg connected activities in florida. floridstatute says it's a thirde

felony for someone to either directly or indirectly provide something of value to impact whether or not someone votes. so the question is whether or not paying off someone's fines and legal obligations counts as something of value. and it clearly does. ainsley: leslie, what do you think? >> this is just typical good old fashioned dirt democrat politics. mayor bloomberg is someone who as we describe as more money than sense: if he is paying fines for these felons i think it's fair the american public, particularly floridians know why is he paying for these fines to allow them to vote. sounds like the statute, the law is pretty clear that if you are giving something of value to have someone vote. and to me paying off a fine is certainly something of value. ainsley: thank you so much leslie for being with us. >> thank you. ainsley: you are welcome. first presidential debate six days away and now we know what

will be discussed. what can we expect from joe biden and president trump? a tale of the tape is coming up. ♪ 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.

keeping your oysters busihas you swamped. you need to hire. i need indeed indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base claim your seventy-five-dollar credit when you post your first job at indeed.com/promo 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. it's made for this guy a veteran who honorably served and it's made for her she's serving now we made it for all branches and all ranks whether they served one tour or made a career of it. we also made usaa for military spouses and their kids usaa is easy to work with and can save you money on auto, home and renters insurance. become a member today. get an insurance quote at usaa.com/quote usaa. what you're made of we're made for

stoof steve back with headlines. pennsylvania republicans plan to appeal a rule on mail-in ballots to the u.s. supreme court. last week the state supreme court ruled that ballots received by november 6th must be counted as long as they are postmarked by election day. the 3rd. the republicans argue it will lead to corruption and voter fraud. meanwhile, north carolina is extending its deadline for absentee ballots by nine days. the state election board says ballots will only be counted if they are postmarked, however, by november the 3rd. it comes after democrats sued

the state claiming it did not give people enough time to vote during this pandemic. all right. brian, debate time. brian: we are less than one week away, talking about six days from president trump and former vp joe biden going head to head in debate one. with the night's topics just released by our own chris wallace what can we expect from the two nominees. get a look back at past debate to. pat o'donnell best debate coach in the country actually steve and ainsley agree with that and worked with george w. bush and mitt romney and more. brett, let's talk about this. by looking at joe biden's past. i want you to comment on joe biden against paul ryan and see if it applies for today. listen. >> it makes us more weak. it projects weakness. and when we look weak, our add investoaddeda investor sears aro

attack us. >> with all due respect a bunch of that larky. not a single thing he said is accurate. brian: is that crisp enough to go shoulder to shoulder with president trump? >> well, i think we will see. that was 8 years ago, joe biden. and so you know, it remains to be seen whether or not he is as sharp as he was 8 years ago in debating paul ryan with president trump. and president trump is definitely more assertive and aggressive than paul ryan. i think those two things could throw a big wrench into joe biden wants plans if he tries to be aggressive with donald trump. so, you know, we will see. he has not done any tough interviews in this campaign so far whether or not he can handle the toughest of interviews, a presidential debate being attacked by the president and also tough questions from chris wallace in that first debate remains to be seen. brian: what's interesting it's kind of reverse. is he coming off. is he with mitt romney, ryan wants the job.

biden has the job. so he is defending his record. that's what trump has to do defend his record. but back then against hillary clinton he was the challenger. listen to this. >> the fact checkers are turning up the volume and really working hard. donald supported the invasion of iraq. >> wrong. >> that is absolutely proved. >> wrong. >> proved over and over again. >> wrong. brian: that is a little disruptive steve wrong. brian: not from debate school 101. >> absolutely thought. the president isn't absolute disrupter. joe biden has a record as well. i think if the president will stay on offense and make this a choice between himself and joe biden, particularly given the entrance of the supreme court into the race, i think that allows the president to play less defense, more offense. brian: and the president is not going to be memorizing joe biden

said but it would help him to know whereby den stands. it helped joe biden when he found out where paul ryan stood. listen. >> you did ask for stimulus money. >> on two occasions we advocated for constituents who were applying for grants. that's what we do. we do that for all constituents. >> i love that live that. this is such a bad program and he writes me a letter saying -- writes the department saying the reason we need the stimulus it will create growth and jobs. his words. brian: so he -- that's a got him there, right? >> absolutely. i mean, joe biden was very aggressive. he had some key attack points on paul ryan. he was able to execute those. and he put paul ryan on defense almost the entire night. the question is whether or not he still has that command of facts and debate. and could put the president on defense, who is much more aggressively. and the president already knows

key parts of joe biden's record on trade, on criminal justice. those are things that i think the president will use against him. he can use substantive attacks against joe biden to put him on defense. and, you know, in the last presidential debate primary debates, joe biden didn't acquit himself all that well in moments where he had to think quickly on his feet. we will see can he do that this time. brian: he looked thrown when he started getting attack. stopped getting attacked didn't look like contention anymore. brett, how much does it benefit the put of the united states that he sit down for at least chris wallace in 100-degree temperatures. they even had small talk prior to that e. basically went through this list already with the guy that's going to be hitting him with the questions. >> i think that's a tremendous advantage. first of all, chris wallace is a tough interviewer. is he tough on everyone. the president has been through that now. and so he can anticipate how chris wallace might approach

this debate. joe biden hasn't sat down for any tough interviews. he has been handled by with kid gloves by the press and so it will be interesting to see how he fairs in the crucible of debate in one of the most anticipated presidential debates ever. brian: so many more questions for you including who needs the knockout and where are these polls and how it's going to play into the strategy. and like you said, a vice president has been out of the fray for 8 years. brett, thanks so much. appreciate it. >> you are welcome. thank you. brian: straight ahead some calling for the pack the court. west virginia senator joe manchin will tell us where he stands. ♪ ♪ ♪ it's official: national coffee day is now national dunkin' day!

celebrate with a free medium hot or iced coffee with any purchase on september 29th. with any purchase >> tech: when you've got ...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. ♪ but today there's a combination of two immunotherapies you can take first. one that could mean... a chance to live longer. opdivo plus yervoy is for adults newly diagnosed

with non-small cell lung cancer that has spread and that tests positive for pd-l1 and does not have an abnormal egfr or alk gene. it's the first and only approved chemo-free combination of two immunotherapies that works together in different ways to harness the power of the immune system. opdivo plus yervoy equals a chance for more days. more nights. more beautiful weekends. more ugly sweaters. more big hugs. more small outings. opdivo and yervoy can cause your immune system to attack normal organs and tissues in your body and affect how they work. this may happen during or after treatment has ended and can become serious and lead to death. some of these problems may happen more often when opdivo is used with yervoy. see your doctor right away if you have a new or worse cough; chest pain; shortness of breath; diarrhea; severe stomach pain; nausea or vomiting; dizziness; fainting; extreme tiredness; weight changes; constipation; excessive thirst; changes in urine or eyesight; rash; itching; confusion; memory problems; muscle pain or weakness; joint pain; flushing; fever;

or tingling in hands and feet. these are not all the possible side effects. tell your doctor about all your medical conditions including immune system problems, or if you've had an organ transplant or lung, breathing, or liver problems. here's to a chance for more together time. a chance to live longer. ask your doctor about opdivo plus yervoy. thank you to all involved in our clinical trials. askthe freestyle libre 14ivo managday system...etes can be hard. - a continuous glucose monitor - ...makes it easy. easy to check your glucose without fingersticks,

and easy to share your data with your doctor. and for those who qualify, the freestyle libre 14 day system, is also covered by medicare. ask your doctor for a prescription. you can do it without fingersticks. learn more at freestylelibre.us 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. there's no question it's something that i would recommend. ♪ ♪ >> i would not get in a court

packing. we had fly justices. next time we lose control they have three justices. we begin to lose any credibility the court has at all. i would not pack the court. steve: so there he was very clear he would not pack the court. and yet, now, when he is asked he will not answer the question. of course, this is going to be very important on tuesday. brian was just talking about the debate with that great debate coach. now let's bring in democratic senator from the great state of west virginia joe manchin joins us from the d.c. area. good morning to you, senator. >> good morning to all of you. good to be with you. steve: it's good to have you as well. you know, this is suddenly, for a lot of people, the number one issue that will determine who they vote for for president. donald trump has made it very clear how he feels. he has put his list out there. we don't know who the name is we will find out saturday at 5:00. joe biden won't release the list and he will not tell us whether or not he supports packing the court. aren't these questions that

people fairly should have an answer to before they vote for somebody? >> well, basically up until president trump came along, no one ever announced who they would be considering or who was on their top list. so it's not unusual for him not to do it. steve: it's very transparent. >> it's very transparent where president trump is coming from. absolutely. and i get the that demand that say why won't you do the same thing. but try not to politicize, you know, my goodness everything is so political. a jurist should be picked on their qualifications, their experience level and basically their findings. you can say you agree or disagree because the of the way they rule on other cases until that vacancy comes that's when it becomes serious about considering. ainsley: how do you feel? do you feel like you should take a vote after the election? >> i truly do. you know, and i have looked back and we have looked in history the congressional research center basically we dove deep into that there has only been 13 times from january -- starting

january 1 to election day 13 times that a vacancy has happened. and up until july 1st, nine of those out of 86 the nine that have been done, they were all confirmed except for merrick garland from. july 1st election day only four times in the history of the united states. and three times the president didn't even put anybody up from july 1st to election day because it was too close. abraham lincoln in 1864 wouldn't put a nominee forward. we look at history and this is going to be precedent setting. we should be waiting. i use the words of all my republican colleagues with merrick garland let the people decide. it's election year let them decide but especially within 42 days to go. ainsley: senator, if the shoe were on the other foot if we had a democratic president and democratic senate what do you feel would happen. >> i would feel the same way. i am sure there would be a push to shove somebody through. i would be saying i would hope there would be other colleagues in the democratic party that would basically say there is no civility. there is no fairness to it.

and we have to make sure that we set some precedent. the senate is different. the senate is much different. the senate was basically designed and intended to be bipartisan. every time we break away and keep pulling that cover off, there is not going to be any difference between us and that hot cup of tea that comes over from the house as washington said. we have got to cool it off. the senate has got to cool that off. we're not doing a very good job. prototype brian i was going to ask you to speak for joe manchin. if you win the senate and january and february is joe manchin going to say let's blow up the flible on all legislation and let's pack the court because i don't like what republicans did with their nominee and in theory they passed this nominee because they seem to have the votes? what does joe manchin do? >> well, first of all, if you look at my record, all of you, if you looked at my record i'm sure have you i'm the most bipartisan person in the senate. i voted for 161 of president trump's judges. so i have been there bipartisan.

i want to work in a bipartisan way. it comes down to that brian. here is what happened. if you look back when harry reid exercised the nuclear option which did away with the 60 vote threshold i think every democrat should evaluate how does d. that work for us? has that been a good decision? >> no. so basically going down the same path. i will make every decision can i that keeps the senate bipartisan. simply that. brian: you are not going to vote to get rid of the filibuster entirely and not going to look to pack the court? >> i do not believe that would help anybody. basicfully no one is working together. so if you have 11 or 13, it's going to flip the other way no matter who comes in power. why would you go down that path? it didn't work in 2015 with the nuclear option. i doubt it would work this time. we have to fight for basically who we're as a senate. can we represent the people in a bipartisan way. democrats and republicans? steve: well, it is very political as we know. and final can be very political.

you can say people should keep an open mind. you watch it will be along party lines. nevertheless, senator as you know mainstream media already attacking amy coney barrett and a lot of it has to do with her religion. "newsweek" headline is how charismatic catholic groups like amy coney barrett's people inspire the hand maidennens tail. did amy coney barrett's religious group inspire the hand made's tale? that. >> show is about polygamy. what does that mean? steve: i have heard her colleagues in the senate query her about her religion. makes you wonder should a person's religion disqualify them from a job on the supreme court? because it sounds like some people on your side think that it should. >> well, i guests whatever side you are on, they can pick whatever they want to pick. i'm catholic, okay. and religion should thought

enter into it. it sure doesn't with me. steve: does anything about her catholic background bother you, senator? >> no. no. we are who we are, how we were raised and who raised us. with that being the freedom of religion is one of the basic rights we all have as a an american citizen. brian: absolutely. >> that being said, whether you are catholic or protestant or jewish or evangelize, whatever it may be, god bless you. you worship how want. you worship how you want. you worship the same god. all of us do. with that being said, it's do you feel bring in religion. it truly is. but they think that's going to, you know, john kennedy i remember in 1960 i was a little kid at that time but i remember everyone said well if john kennedy gets elected the pope is going to run the country and i looked at my mom and said mom, they don't know the catholics we know. steve: great point. ainsley: senator, thank you for being with us. >> let's keep the bipartisan. let's try to bring this country back together. steve: sounds good to us. brian: senator, you are talking to the wrong people. have you got to talk to your

colleagues. >> i'm talking to colleagues on both sides of the aisle. ainsley: seems fair. jillian has headlines for us. jillian: we begin with extreme weather. the remnants of beta stalling over eastern texas soaking the region with torrential rain. the storm flooding out roads in neighborhoods. some areas in houston seeing up to 14 inches of rain. the city's fire chief says his department has done about 100 water rescues since beta made landfall as a tropical storm. the third man convicted in the 1971 killings of two nypd officers is reportedly set to be released on parole. anthony bottom, her man role and washington convicted of luring them to a house project and assassinating them in cold blood. a local new york station says bottom was granted parole after appeal. he will be freed on october 20th. bell was freed on parole in april 2018. wawrgt died in 2,000.

los angeles police officers rescue a disabled man from a burning van with only seconds to spare. watch this. ♪ jillian: the officers pulling the man out of the van. he could not get out on his own because he needs a wheelchair. the officers were not able to save his wheelchair so they replaced it with a new one. isn't that great? brian: unbelievable. thanks so much, jillian. as the u.s. tops 200,000 coronavirus deaths. some states are seeing a spike in case about 20 plus. dr. nicole saphier with what that means for you. ♪ ta-da! did you know liberty mutual customizes your car insurance so you only pay for what you need?

given my unique lifestyle, that'd be perfect! let me grab a pen and some paper. know what? i'm gonna switch now. just need my desk... my chair... and my phone. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ here's to the duers. to all the people who realize they can du more with less asthma thanks to dupixent, the add-on treatment for specific types of moderate-to-severe asthma. dupixent isn't for sudden breathing problems. it can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. it's not a steroid but can help reduce or eliminate oral steroids. dupixent can cause serious allergic reactions including anaphylaxis. get help right away if you have rash,

shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection and don't change or stop your asthma treatments, including steroids, without talking to your doctor. are you ready to du more with less asthma? talk to your asthma specialist about dupixent. if your financial situation has changed, we may be able to help.

♪ steve: a grim milestone, the coronavirus death toll has topped 200,000 in the united states and some states are seeing a spike. here with what you need to know fox news medical contributor and author of "make america healthy

again" dr. nicole saphier. good morning to you. >> good morning, steve. steve: so the states that are seeing a spike right now north and south dakota, wisconsin, oklahoma, and arkansas. so, we know that. we also and you were talking about this last week we are seeing a number of spikes in areas around college towns. so what's going on? >> well, that's right, steve. as you know i have a college-aged student myself. these kids have all been home since about spring break and toward the end of august they started traveling back to colleges. this age group tends to congregate together. if you start looking at the new cases particularly in the states that you just mentioned the far majority, over 50% are 18 to 24-year-olds. that really tells us it's being spread particularly by that age group. of the states that you just mentioned, the one that i'm watching pretty closely is wisconsin. they have the highest rate increase right now. and their percent positives is quite high as well. one important point, steve that we have to acknowledge here is that these states are in their

first wave. wisconsin has not had a wave yet. they are on the incline. remember, we talked about those waves several months ago? they have been low. this is their first wave. so it's not a second wave and you know, it's not something to cause panic over but something to acknowledge that there is still high community transmission of this virus but if you look at the places that had those first waves, new york, new jersey, connecticut we are still less than 5% positivity rate. we have not hit our second wave yet there are minor upticks here and there but watching it carefully. steve: indeed. in the college news i saw this morning that apparently notre dame has canceled their game wake forest this weekend because seven notre dame players tested positive for coronavirus. neon while, about a month ago, i went in and i got the antibody test and i had to go over to nyu and was i in the blood lab and i had to wait for an hour and a half and i said to the technician who took my blood i said what's taking so long?

and she said so many people have put off cancer screenings so they are now here. it wasn't just for coronavirus because if you take a certain blood test, they can figure out now whether or not you have got cancer. >> first of all the cancer screening, the cancer screening people putting off crucial issue near and dear to my heart being that i'm in cancer medicine and busier now than i ever have been. people are finally coming back. in something we have been talking about for years now we have a couple of new fda tests are what we call blood biopsies. it's just another way to monitor for certain cancers. you take someone's blood and they check certain again net particular mutations and proteins from cancers it can help us identify cancer in addition to imaging and healthy behaviors, healthy living to help prevent cancer. this is all in the quest to lessen our burden of cancer in our society. steve: and, you know, when in doubt. going into the hospital is safe

because so many precautions are being taken right now if you have got to get a blood test. >> that's right, steve. i encourage everyone, yes, covid-19 is still out there but so is cancer. so is heart disease. so are the other leading causes of death. we have take majeure we are taking care of ourselves physically and mentally try. live your healthiest life. make sure you are getting your cancer screenings and do what you can to keep your family and friends healthy. steve: dr. nicole saphier, thank you very much. we are going to step aside. mark morgan and congressman dan crenshaw ahead on the next two hours of fox and friends live from new york. that is the intrepid. ♪

♪ ainsley: president trump touting the supreme court's ability to set policy for decades as he plans to nominate his third candidate. >> they will set policy for 50 years. >> this is the most important issue for voters. >> the democrats are fighting back with calls to pack the court. >> senator harris, should democrats pack the court? the supreme court? senator harris? steve: we got from the commission on presidential debates the list of topics. one of the most anticipated presidential debates ever. >> the president is the ultimate disrupter but he is facing the consummate career politician. >> voters worried about socialism and you raising taxes. >> i do look like a socialist?

i beat the socialist. i am not a socialist. >> the air force football team honoring tuskegee airmen with special uniforms. the team will debut that look in their game against navy next month. ♪ ♪ flesh. steve: i saw the rolling stones perform this in kansas city, missouri when i was very young. ainsley: how fun. steve: i know. i love this song. welcome aboard, folks. it is tuesday, september 23rd, 2020. it's fox and friends. we are officially 41 days away from the election. and we are three days away from the moat tuesday making his scotus announcement, ainsley. ainsley: only a few more sleeps until the thing we have been waiting for. that's the debate. we have been talking about it for so long and it is next tuesday. chris wallace is moderating it and on at 9:00 p.m. and we will be talking about it obviously the next morning. when mitt romney said i intends

to proceed with the consideration process. if it makes it to the floor, i will vote based upon the qualifications of the nominee, talking about putting someone in the supreme court. brian: right. steve: then somebody at the white house actually helped the president after he fainted stand back up. ainsley: i know. the president did thank him. steve: whether or not mitt whose side he would be on. ultimately he wants to give this person their chance. brian: sorry i'm a little quiet i was focused on the election ainsley asked me and steve if we have been christmas shopping yet. brian: i don't want to talk about christmas shopping yet. steve: i told you last week a bear at my house. another bear last night 3:30 in the morning. went out and took that big bag of garbage. my wife is waking up right now. this is my note to her, cathy, you are going to have to go out, put on gloves again. because it's a mess. brian: do you know why the bears are in your house? because the woods. steve: outside. brian: outside your house? because the woods are so boring. have you been in the woods?

nothing to do. they want to come out and hang out with people, that's my theory. steve: they want my garbage. brian: we will talk about that in a while. griff generagriff jenkins is oue supreme court where he might be wearing gloves it's a little cold. griff: no gloves. it's a little warmer than it was a few days ago. ainsley you point out so well the confirmation process has all but begun because of mitt romney. we are waiting for the president to make that announcement of course on saturday at 5:00 p.m. what looked like might be a g.o.p. showdown now because of romney delivering that key vote after collins and murkowski held out is going to really get things moving forward. the utah senator talking to reporters on the hill yesterday in the hallway explained the decision. listen. >> what i intend to do is to proceed. reaches the floor i will vote based on the qualifications of that nominee. griff griff now support the

breakdown 51 republicans in favor, two republicans opposed with 47 democrats opposed. but even with the numbers against, democrats are fighting back with calls to pack the court, meaning if democrats win in november, they willed a seats to the high court, presumably that's to override what would be a 6-3 conservative majority. senator elizabeth warren sounding serious on the senate floor yesterday about such threats. >> mcconnell and the senate republicans ram this nomination through. it is our duty to explore every option we have to restore the court's credibility and integrity. griff: but yesterday joe biden refusing to answer specific questions over whether he would indeed move in that direction as the president continued to pressure biden to release a list of his own candidates for the court. >> now i'm asking sleepy joe biden to give me a list. and he doesn't want to do it. do you know why? because can he only put super radical left judges on. people that would destroy your

country. people that would destroy your country. griff: now we just wait for history to be made as justice ginsburg's casket arrives at 9:30. she will have a private ceremony with members of the court. lining up to see her lie in repose. today and tomorrow and friday she will lie in state in statuary hall the first ever for a woman breaking yet another barrier even in death. brian, ainsley, steve? steve: absolutely a somber time there on capitol hill. griff, thank you very much. so, you know, with mitt romney's announcement yesterday, the democrats essentially are powerless to stop the republicans from confirming this particular nominee whoever it is. and unless some spectacular news is broken about it. and so a lot of the democrats we have heard over the last 48 hours they are talking about well, we could impeach the president to which the president has dared them yeah, do that. because then i would be even

more popular and we will sweep the house. or we are going to get rid of the filibuster if they do that well, let's see. we just had joe biden or joe manchin on. he said he would not be for that but then there is the idea of what about packing the supreme court. if they are going to have so many conservatives on the supreme court. let's just add a bunch of liberals. you have been hearing that a lot on the other channels. listen to that. >> the only way that we restore fairness is for congress to pass an act expanding the court. >> do you say democrats if they get back the senate in this elections in november should then expand move to expand the supreme court? >> are you in favor of trying to expand the numbers of justices on the supreme court? >> some democrats are openly threatening to try to pack the supreme court with additional justifiables. would you agree with that? >> adding seats to the supreme court and getting rid of the filibuster, do you support those two things? >> there is nothing in the

constitution that says there has to be nine supreme court justices. steve: and so with so many voices with the push to pack the supreme court and add more justices, the natural thing is you have got to ask joe biden. well, joe biden won't answer that question. yesterday, peter doocy flew to flint, michigan because kamala harris was there doing some events. and asked her twice and her answer well, listen to this. >> senator harris, should democrats pack the court, the supreme court? [cheers] >> senator harris, should democrats try to pack the court next year? >> thank you. steve: he tried. >> no answer. joe biden was asked about it, too. he is not going to answer it. he said let me tell you why because it will shift the whole focus. he said that's what he wants talking about president trump. he never wants to talk about the issue at hand. he always tries to change the subject. but people are arguing it is a

big subject. you are going to have to. steve: it's big. ainsley: it's the number two topic. chris wallace released or the commission released the all the topics going to be talked about in the debate. 15 minutes for each topic. six different topics because it's an hour and a half. that he could that's the second topic. everything changed on friday. some saying it's the most important issue. joe biden is not answering that question now. he is probably going to have to answer it at the debate. but back when was it? steve: 2019. ainsley: just a year ago. this is what he said. >> i would not get in a court packing. we had three justices. next time around we lose control they add three justices. we begin to lose any credibility the court has at all. and so i would not pack the court. steve: okay. brian: not pack the court. seemed reasonable in 2019. seems like somebody who has been there 47 years and understands tradition and why nine has worked since 1869. why that's been effective. and if he is mad at the

president for bringing it up, is he getting mad at the wrong people. it was jerry nadler and ed markey who brought that up over the weekend. senator schumer said nothing is off the table they all were saying that over the weekend. is joe biden's lap on monday because of his own party. we asked joe manchin directly, a so-called moderate democrat, according to most. he said this to us less than an hour ago. >> if you look back when harry reid exercised the nuclear option, which did away with 60 vote threshold, i think every democrat should evaluate how did that work for us? basically going down the same path. if no one is working together. if have you 11 or 13. it's going to flip the other way no, matter who comes in power. why would you go down that path? it didn't work in 2015 with the nuclear option and i would have doubts it would work this time. we have got to fight for basically who we're as a senate. can we represent the people in a bipartisan way, democrats and republicans? brian: is he actually responding not only to packing the court.

he is responding to the filibuster. filibuster harry reid threw in the street because mitch mcconnell ainsley if you wouldn't mind pay attention. steve: it's a robot. brian: when steve talks ainsley pays attention. all of a sudden she starts looking around. so, you pack the court. you have a filibuster. you have a filibuster, until harry reid got rid of it. he was frustrated mitch mcconnell wasn't moving fast enough on judges. because of that the republicans take power and they were able to get with a simple majority and through committee, they were able to get a supreme court justice. two confirmed. >> and now they are saying we are going to get rid of it entirely and do things like make puerto rico a state and washington, d.c. a state. and what he was responding to is not only should why not pack the court, we probably shouldn't get rid of the filibuster entirely, steve. steve: brian, ultimately, it comes down to joe biden at in stage of the game you look at polls it's either neck in neck or joe biden is a little ahead. joe biden is sitting on a lead and he doesn't want to mess it up. his strategists are saying don't talk about anything other than

coronavirus and the president's character. so he is trying to stick to that even though we have states that ainsley just played where he said he is not for packing the court. even though by not saying anything now, some of his supporters would think well, maybe he is. keep in mind, it was in 2016 the president of the united states now president of the united states ran on here's my list of judges who would become justices. and he won. and i can't tell you how many people told me in 2016 that was the number one reason they voted for donald trump. brian: yeah. steve: then in 2018, you know, you looked at what happened to brett kavanaugh and how many feel he was smeared by senate democrats. brian: many feel? steve steve well. brian: everybody. steve: a lot of people feel -- some people fema feel that was fair questioning, brian. brian: all right. steve: nonetheless, look what happened, the senate republicans expanded their majority in the senate. right now joe biden won't give us his list, won't talk about packing the court.

the president is going to put out a list and name com come upn saturday. ainsley: nancy pelosi said i have lots of options and arrows in my quiver. can't you picture all the arrows one filibuster, one is packing the court, one is impeachment. steve: mainly she has just got the one impeachment arrow. it's a big arrow. brian: law and order huge thing as you saw yesterday seattle counsel is overriding their liberal mayor is going to deal fund the police, is going to cut back the things they can do and getting rid of a whole division of police. that's what the president is going to focus on. hey, if you are not upset, if you have say it's a bad idea to defund the police, you have to call out your party mayors, your party police chiefs who by the way are mostly against it. and your governors and tell them they are wrong. he is has been forced to comentsd on that. and that's an issue that resonates with the american people. what's happening in seattle is sinful. steve: all right.

so, as you can see lots to talk about aside from the fact that our robotic camera went haywire. brian: it didn't focus. that's the problem with robots. that's why i do not get them. steve: you don't have a roomba. brian: i got rid of them. lack of discipline. no one was charging. jillian: following a number of stories. including. this mourners gather to pay their respects to a firefighter killed in california. charlie morton died battling the el dorado wildfire last week. he leaves behind a wife and daughter. this as the bobcat fire grows forcing thousands of people to evacuate their homes near los angeles. officials predict it will not be fully under control until the end of october. and the creek fire becoming the largest single wildfire in california wants history as it nears 300,000 acres. jillian: air force 2 forced to turn around with vice president pence. a board hit the engine just

after taking off new hampshire. the white house says he has never in danger. met with the crew as they inspected the engine. he flew back to washington with his staff on a cargo plane. the house overwhelmingly passes a short-term spending bill. it comes after negotiations between speaker nancy pelosi and treasury secretary steven mnuchin. the pressure would fund the government through december 11th. it also includes billions of dollars in food assistance for families and money for struggling farmers. it now heads to the senate. brett favre made millions during his hall of fame career. well his grandson thinks he is worth a whole lot less. take a listen to. this how much is tom brady worth? >> that's a great question. >> $33,000. that's a lot. >> look at that as he turns to

the cameras and smirks after he hears his grandson's estimate. ainsley: that adorable moment was captured while he was at the tampa bay bucks team filmed for the brian: i think he gets 30 million. ainsley: that was a special moment. steve: does the little boy think that 33 million is more than 33,000? brian: i don't know. joe biden doesn't. steve: what? brian: oh, bribe. brian: he does not get millions and thousands. steve: there was a snafu. ainsley: 7:15 on the east coast. thanks for watching us. louisville declaring a state of emergency and bracing for unrest ahead of the grand jury decision in the briana taylor case. how protests and the pandemic still impacting all of the businesses there. we will talk to one louisville business owner coming up next.

when i started cobra kai,

the lack of control over my business made me a little intense. but now quickbooks helps me get paid, manage cash flow, and run payroll. and now i'm back on top... with koala kai. save over 30 hours a month with intuit quickbooks.

hi susan! honey? yeah? i respect that. but that cough looks pretty bad... try this new robitussin honey severe. the real honey you love... plus, the powerful cough relief you need. mind if i root through your trash? new robitussin honey severe. strong relief for your severe symptoms. strong relief so you're a small bor a big one. you were thriving, but then... oh. ah. okay. plan, pivot. how do you bounce back? you don't, you bounce forward, with serious and reliable internet. powered by the largest gig speed network in america. but is it secure? sure it's secure. and even if the power goes down,

your connection doesn't. so how do i do this? you don't do this. we do this, together. bounce forward, with comcast business. ainsley: louisville kentucky on edge this morning after the grand jury decision on breonna

taylor case. back in june, dozens of downtown louisville business owners sent letters to the mayor voicing concerns about all the civil unrest and their survival. sam cruise is the co-owner of against the grain brewery and smokehouse in downtown louisville and joins us now. good morning to you. >> good morning. ainsley: how is all of this affecting your business? >> god, it's not been great. i will be honest with you. coupled with the pandemic and this civil unrest it's really been like a punch in the gut. ainsley: what are you doing to prepare for it's an imminent, the grand jury decision is imminent. it can come down today some time. how are you planning to keep your business safe? >> well, so the downtown location has been shuttered. at the first sign of violence back in june, we divided that it wasn't wise to have our patrons and employees exposed to that. show sho we shuttered the

business as far as protecting it. you know, i think we are a little bit outside of the zone that there might be issues. so i'm confident that that will be okay. but, regardless, i think the recovery is the scariest part for me. ainsley: i feel sorry for you small business owners. what happened if you sent the letter to the mayor. >> he did not respond to me. unfortunately i did not get a response from him until he was pushed by our local news station. then it was essentially hang in there and utilize the resources they have available. >> what are those resources? >> there was a little bit of an economic package, stimulus package sent through that we had access to. but, beyond that i mean, you know, if you are not making money, spending money doesn't do any good. ainsley: what would you like to see happen? >> ultimately, i would like to see law and order restored to my city. i mean, as much as i, you know,

i appreciate the cause. i don't want to diminish the issue that we are dealing with unrest. as a society we issue. ainsley: that's probably the number one issue as you are going to the polls in november, flight. >> it is. ainsley: sam, wish you the best. >> thank you. ainsley: you are welcome. go to his restaurant when he opens up. against the grain two other restaurants public house. >> i have the public house and against the grain and then i have a tap house. thank you. ainsley: go support sam. thanks so much, sam. come up, a supreme showdown. republicans unifying behind the president's push to name a nominee now as democrats threaten to pack the court and even suggest impeachment. is that really the best strategy? we are going to debate it next. ♪

♪ ♪ ♪ ♪ ♪

inflammation in your eye might be to blame.ck, ♪ looks like a great day for achy, burning eyes over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief. ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? xiidra, noooo! it can provide lasting relief. xiidra is the only fda approved treatment specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait 15 minutes before reinserting contacts. got any room in your eye? talk to an eye doctor about twice-daily xiidra. i prefer you didn't!

xiidra. not today, dry eye. knowinit's hard.re is hard. eliminate who you are not first, and you're going to find yourself where you need to be. ♪ the race is never over. the journey has no port. the adventure never ends, because we are always on the way. ♪

♪ ...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. in a surprising move mitt romney

joining republicans and unifying behind the president. >> when there is a nominee of a party that is in the same party as the senate, then typically they do confirm. so the garland decision was consistent with that and the decision to proceed now with the president trump's nominee is also consistent with history. i came down on the side of the constitution and precedent as i have studied it and make the decision on that basis. brian: i guess cher put off that buzz in the background. she is upset at mitt romney for doing that i will talk more about that later. democrats taking another approach. threatening the court packing. eliminating the filibuster impeachment trial all to delay the process. what will win up winning high court seat and ultimately the election. here former chairman of the d.c. democratic party scott bolden and scott campaign press communications director erin parini. what's the best strategy going

forward now? i know about the outrage, we have heard that going forward, saying that this is the game, what do the democrats do? >> well, mitch mcconnell has set the new rule. his hypocrisy speaks loud and clear. and the democrats, i will be honest with you, are just angry about it because they believe is he politically playing footy with these supreme court nominees. that being set, the democrats have to fight there is too much at stake with regard to abortion and obamacare. they have to fight. he may get this nomination through obviously. the reality is when you set that precedent, the democrats are going to retaliate and retaliating, given given election like this where the democrats are highly energized more energized over this judicial nomination fight and then if they take over the senate which they could because they are running strong in red and swing states, they are going to pack the court. it's nothing unconstitutional about that. i don't know about the

filibuster. the impeachment piece, that just gets real complicated because we're 40 days away from the election. brian: not going to pack the court without getting rid of the filibuster. >> they got to get the majority in the senate first. brian: true. >> and that's a challenge. brian: get majority in the senate and get rid of the filibuster to do it. erin, saying that you can see how democrats would be energized by. this i saw that crowd last night with the president. they have been chanting in his last three events fill that seat. how do you interpret that? >> well, for one thing, it's enthusiasm remains high behind president trump and fulfilling his constitutional duty to put forth a strong judicial nominee. joe biden wouldn't even put out a list of potential judicial nominees. i don't know when the democrat party divided to take this stance where they say oh, well if we don't get our way then we are -- we are going to feel real bad if something were to happen to your filibuster and if we have to pack the supreme court and get rid of the electoral

college. i mean, that's not democracy. that's bullying. and that's not appropriate at all. listen, the president is going to fulfill his constitutional duty here. put forth a strong nominee. obviously republicans are unifying behind this because they know who the president is going to pick from. joe biden won't even put a list forward because he knows they will be incredibly egregious people he would put forth that would try to up end these super legislators from the bench. that's not what the american people want. american people rebuke democrats' bullying of kavanaugh 2018 in the senate. >> when you talk about bullying, you have a president like donald trump and you got michigan mcconnell, the democrats are just spawngsding to this negative political narrative. political gangsterism of the republican party. so it's really fresh or rather rich that my republican colleague right there is talking about bullying. >> you are the one talking about retaliating. you tweeted yourself about retaliating. that it would be swift and painful. >> none of it is really good.

none of it is really good. >> democrats don't like what the american people have to say. >> none of it is good because it's pure partisanship. i wish both parties could get along. on the supreme court divhiewrks this with the height of hypocrisy you will get democratic retaliation. it's a fact. it's political warfare. >> threat against the american people who elected to the senate. >> no it's a threat that the g.o.p. it will be shift, direct. [talking at the same time] >> painful for the republicans. brian: for example, i think both goals for both parties is to get the senate. i don't know if people -- depends on how talk to, seems like house is shot for the republicans. scott for you, why is the answer packing the court, throwing the filibuster away and adding states as opposed to get the white house, get the senate, and put your agenda together? why change the rules of the

game? >> well, because mitch mcconnell has changed the rules of the game. he had one set of rules to say delay in 2016 because of the. brian: he didn't say let's fatten the court. >> he didn't say that at all. brian: he didn't say make america samoa a state. >> in 2020 he moved the goal post again. the democrats only have some options. they don't have the votes in the senate. so they are going to get this seat, i think, whether they impeach or do whatever the case might be. but there has got to be retaliation because of this great hypocrisy and they have got to set forth their agenda. but it's going to happen. and the g.o.p., if they were in the same position as we are right now, the democrats, they would do the same thing. brian: and so would the democrats, i imagine, too. but, erin, my last thought is do you see it benefiting republicans more to do this before november 3rd or after being that even scott and with mitt romney aboard especially, even though vogt is going to happen many. what's better for republicans? >> what's better for the

american people, honestly is that the president and the senate fulfill their constitutional duty. at this point it's not unheard of to move a nominee within 30 days. within 40 days. so it's completely possible. >> it is under mitch mccoming. >> scott, let me finish. democrats are going to try to bully and put up road blocks and tactics and still and delay. how about democrats actually stand up and start fighting for the american people. >> we did impeach. he was impeached. >> he is still president of the united states with your political hackery and that hoax. i mean, come on. brian: scott bold den and erin, thank you very much. great column on fox news.com. >> thank you. brian: about the life of justice ginsburg and her impact. i appreciate it. meanwhile, coming up straight ahead, customs and border protection seasonal accountable. products from the regime that threaten our economy and the free market. mark morgan fired up. is he always fired up. afelite.

>> singers: ♪ safelite repair, safelite replace. ♪

and a high risk for fracture, osteoporosis now might not be the best time to ask yourself, are my bones strong? life is full of make or break moments. that's why it's so important to help reduce your risk of fracture with prolia®. only prolia® is proven to help strengthen and protect bones from fracture with 1 shot every 6 months. do not take prolia® if you have low blood calcium, are pregnant, are allergic to it, or take xgeva®. serious allergic reactions like low blood pressure, trouble breathing, throat tightness, face, lip or tongue swelling, rash, itching or hives have happened. tell your doctor about dental problems, as severe jaw bone problems may happen. or new or unusual pain in your hip, groin, or thigh, as unusual thigh bone fractures have occurred. speak to your doctor before stopping, skipping or delaying prolia®, as spine and other bone fractures have occurred. prolia® can cause serious side effects, like low blood calcium, serious infections, which could need hospitalization, skin problems, and severe bone, joint, or muscle pain. are you ready? ask your doctor about prolia® fda approved for 10 years.

it's a thirteen-hour flight, tfifteen minutes until we board. oh yeah, we gotta take off. you downloaded the td ameritrade mobile app so you can quickly check the markets? yeah, actually i'm taking one last look at my dashboard before we board. excellent. and you have thinkorswim mobile- -so i can finish analyzing the risk on this position. you two are all set. have a great flight. thanks. we'll see ya. ah, they're getting so smart. choose the app that fits your investing style. ♪

it's a badge of armor of care of respect. because it means you fight for the safety of those you love. when you come into walgreens you get a flu shot that's right for you... and them you become a flu fighter. do your part and defend your crew against the flu. ♪ walgreens

♪ ♪ ainsley: a border patrol agent is out of the hospital after being stabbed multiple times while on patrol near the arizona border. >> the unnamed agent was attacked while trying to detain a group of suspected illegal immigrants he fought back fatally shooting his attacker and then life flighted to a hospital. steve: here with update acting cbp commissioner mark morgan who joins us from d.c. mark, good morning to you. >> good morning. steve: it sounds like a terrible, a terrible turn of events. tell us what happened and the prognosis. >> yeah, it is, steve. unfortunately, this is not uncommon so, last night about 7:20. border patrol agents encountered a group of three individuals trying to illegally enter the united states. they took two into custody without incident. the third didn't go so well. immediately a struggle ensue you had the subject fought the agent. tried to prevent him from being taken into custody, during that

struggle he stabbed the agent multiple times and the agent fearing for his life discharged the weapon and killed the subject. ainsley: gosh, now he is out of the hospital? he is doing okay? >> anxiously, he is. thank you for asking. we are very lucky. that agent is lucky. could have easily gone the other way. here's what the american people need to know. this is not uncommon. last year alone 855 cbp personnel have been assaulted. 36 by vehicles. 184 direct assaults. i could go on and on and on. this is happening every single day. what we are seeing there is a false narrative out there. the majority of people we are getting right now are single adult males, and they are not giving up. they are resisting. they are fighting and they're running. brian: i wonder what for and why? it's not just to get here. it's probably what they have on them and what they know. brian: meanwhile, wants to talk about a new program that the american people are about to find out for the first time. operation mega plex. we know about china.

we know what they are trying to do with illegal drugs. we know what they are trying to do with -- to get across our border. now what can you tell us about this? >> well, brian, you were right earlier, i am fired up about this. thanks for bringing this to light. right now we have been conducting a year long joint investigation. we call it mega flex. with cbp and postal inspectors. where we are targeting the international mail. specifically those items coming from china. to assess compliance and prevent contraband and other counterfeit goods from being introduced in the u.s. supply chain. and you said it right: this is costing american businesses and american workers billions of dollars every single year and it's absolutely directly jeopardizing the health and safety of american consumers and that's why we are absolutely relentless and intensely focused on this issue. steve: that's interesting. we had not heard much about that and that's good news. mark, you are so pro-law

enforcement, we wanted to ask you about this story out of neptune beach down in florida. the high school there fletcher high school for the last year, total of 11 games, a young man by the name of calen larch der has he has run out onto the field he has been carrying a blue lives matter flag and that to honor her his corporal andy lavender of the jacksonville beach police department who died in august of 2019 after 29 years in law enforcement. it's simply to honor him. but, unfortunately, they stopped doing it last week after complaints because apparently some online posters said that the team was racist for having that blue lives matter flag. for waving the flag. and a lot of students are unhappy, according to these posters. and so you know what? the school administration said you know what? we're just going to stop doing

it. what do you think? >> it's outrageous. here you have a son. i think most fathers would be so proud to have a son that was willing to stand up and honorable his father's legacy. and honor and respect the commitment that his dad did to serve this country. and for anybody give in to this woke culture, cancel culture because of someone complaining it's absolutely disgusting. and i'm worried. i'm worried about the direction of this country when something like this happens, steve. ainsley: mark, thanks so much for joining us and thank you for your service. >> you bet, thank you. brian: last thing, mark, how much wall is build? >> 340 miles. brian: 340 miles. okay. that's 40 miles since the last time we talked to you. so appreciate that. >> and we are building more every day, brian. every day. brian: all right. mark morgan, appreciate it. ainsley: okay, jillian, over to you.

jillian: good morning. and we have a first alert now. a senate panel releasing their interim report on the burisma probe looking into joe biden's son, hunter's involvement with a ukrainian gas company. finding the obama administration knew hunter's position on the board in 2014 was problematic and, quote: ignored the warning signs. the committee also obtaining records from the treasury department showing, quote: potential criminal activity and transactions with hunter and his associates with ukrainian-russian chinese nationals. joe biden's campaign calling the probe a, quote: exemployed to bail out donald trump's re-election campaign. keep you update you had there. turning now to extreme weather. the remnants of beta stalling over eastern texas, soaking the region with torrential rain. the storm flooding out roads and neighborhoods. some areas in houston seeing up to 14 inches of rain. the city's fire chief says his department has done about 100 water rescues since beta made landfall as a tropical storm.

a father shields his children from bullets when a shooting breaks out at new york car dealership. watch as surveillance video shows the guy jumping into action, pushing his kids to the ground as three suspects fire multiple shots. the fire was struck in the thigh and taken to the hospital. is he expected to recover. none of his children were hurt. investigators believe the shooting was gang-related. police say the suspect stole a customer's car outside the dealership and are still on the run. wow. the air force football team is honoring the tuskegee airmen with special union forms. check it out. the new jersey have black lettering and name plated. it's inspired by the hand lettered name painted on the side of the p-51 fighter plane flown by the airmen. they will unveil the look in the game against navy next month. don't they look good.

sharp. brian: fantastic. 15 minutes before the top of the hour joe biden taking a jab at bernie sanders during a campaign stop in wisconsin. let's listen. >> one of the leading contenders clearly opposes abortion rights. >> a devout catholic. >> she would energize anti-abortion activist and religious right. brian: great montage not the one i'm looking for. he actually said something. i will keep you in suspense exactly what he said. can we give the vcr tape to steve. he will play it when he talks to dan crenshaw next. steve: will do ♪ ♪ don't worry, julie... coughing's not new. this woman coughs... and that guy does, too. people cough in the country, at sea, and downtown. but don't worry, julie... robitussin shuts coughs down.

steve: as you know, it made big news when they unveiled the progressive unity platform together in july. now joe biden taking jabs at bernie sanders in a pitch to the people of wisconsin. >> he should address our camera directly. talk to the voters that are worried about socialism and you raising taxes. >> i beat the socialist. that's how i got elected. that's how i got the nomination. do i look like a socialist? look at my career, my whole career. i am not a socialist. steve: okay. here with reaction republican from texas congressman dan crenshaw. also not a socialist. congressman, good morning to

you. >> hey. good morning. steve: so if you are a bernie sanders supporter, who joe biden would love to have you vote for him, and show up at the polls in november or early vote for him or absentee or whatever, when you hear joe biden say that about their guy bernie, what does that mean to you. >> hard to put myself in the shoes of a socialist. you have got to do a lot of mental jim that the sticks in order to do so. i do think socialist feel comfortable in the democratic party. i don't know that this changes it. let's not forget bernie sanders thought well, if you can't beat them, join them. he did join joe biden's campaign. is he on his advisory board. joe biden may have forgotten that but the rest of us did not forget that he does have multiple socialists on his advisory board, including aoc. bernie sanders, ed marky. remember, these are the authors of medicine car for all and the green new deal.

whether he wants to separate himself from tha socialism doese a home over there. steve: when you look at some activities some democratic mayors and governors are doing as well, some people say well it kind of smacks of socialism when you look at, for instance, in saint paul the mayor there is using $300,000 to provide using some of the cares act money for the coronavirus response. using that money for a guaranteed income for some essential workers and then in michigan, governor there spending something like millions of dollars on free college for 600,000 essential workers. what do you make of these and does that away from the original intent of the cares act? >> yeah, well it certainly does. the cares act is intended to help people with basic needs during a very difficult time, when government itself force people out of their jobs and out of their livelihoods, i think

what this looks like is democrat governors and mayors perhaps just paying off constituencies that they believe should support them. that's often the case with some these programs. let's not forget the real issue here. for the third time nancy pelosi blocked any more aid to people who need it. okay? and this is important stuff. whether it's helping people who are unemployed or additional testing. whatever it is. they blocked that in the senate. wouldn't even vote on what passed out of the senate on a party line vote. this is very frustrating to people. we don't understand why we just can't help the small businesses that have been forced to shut down and need to rehire workers and get our economy back on track. in blue states you are seeing this constantly. compare texas and california. california has almost double the unemployment rate that texas has. and, yet, our covid numbers ended up being about the same it. just goes to show who has actually handled this better. and who protected livelihoods while also protecting lives.

steve: sure. and you were talking about additional stimulus. when you look at what has happened in the house in the last 24 hours it. sounds like nancy pelosi has done a deal with steve mnuchin. they figured out a way to fund the government essentially. they kicked the can down past the election. that's critical for both sides. let's just get the election out of the way. when it comes to actually putting money in the pockets of people who are being hurt by the pandemic, because of their jobs and whatnot, the two sides can't get along. it's just super political. >> well, that's only partly true. you know, everything that was passed out of the senate is agreed upon by democrats. democrats just won't vote for it because they think it should be triple the size. steve: that's by point. >> i can never outspend a democrat. we already agree on this certain block of aid for the american people and for our small businesses a lot of people are asking why can't you guys just pass what you already agreed on? and that question needs to go to democrats. steve: no kidding. all right. one of the things the democrats

are saying right now on capitol hill and elsewhere is with this supreme court pick, essentially what the republicans are going to do is they are going to wind up -- you know, they are going to litigate the affordable care act. the republican also take away your healthcare. not true. you have actually got a personalized healthcare plan that you are unveiling today. >> yeah. that's absolutely right. let's not forget 2018. the biggest lie that democrats told was that republicans were not for people with pre-existing conditions. they have spread that lie constantly. this year the other lie is that we're against lowering drug prices. we have different solutions for these problems. we have different solutions for healthcare. we want more personalized healthcare and more choice in your healthcare. one of my favorite models is direct primary care. entryway into the healthcare system. that's the doctor-patient relationship that you need that you want. you don't want an insurance company in the way. you don't want a government bureaucrat in the way. direct primary care is like a prescription service.

on the average across the nation about 75 bucks a month. this is a really popular model. i want the model to grow exponentially. how do we do that? i have got a bill that basically facilitates its growth through medicaid, through more rural programs and through medicare as well. so, i mean, this is a -- it's a realistic incremental step to get direct primary care out there and i'm really excited about it. i think you can get bipartisan support or at least it should. steve: it's a great used. let's see what happens up on capitol hill you never know as you know. dan crenshaw, thank you, sir, for joining us live today. >> good to be with you. steve: one more hour. we have got karl, we got trey and we have got nancy. ♪ i got to keep on moving ♪ on king's hawaiian bread! yum! king's hawaiian.

but today there's a combination of two immunotherapies you can take first. one that could mean... a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread and that tests positive for pd-l1 and does not have an abnormal egfr or alk gene. it's the first and only approved chemo-free combination of two immunotherapies that works together in different ways to harness the power of the immune system. opdivo plus yervoy equals a chance for more days. more nights. more beautiful weekends. more ugly sweaters. more big hugs. more small outings. opdivo and yervoy can cause your immune system to attack normal organs and tissues in your body and affect how they work. this may happen during or after treatment has ended and can become serious and lead to death.

some of these problems may happen more often when opdivo is used with yervoy. see your doctor right away if you have a new or worse cough; chest pain; shortness of breath; diarrhea; severe stomach pain; nausea or vomiting; dizziness; fainting; extreme tiredness; weight changes; constipation; excessive thirst; changes in urine or eyesight; rash; itching; confusion; memory problems; muscle pain or weakness; joint pain; flushing; fever; or tingling in hands and feet. these are not all the possible side effects. tell your doctor about all your medical conditions including immune system problems, or if you've had an organ transplant or lung, breathing, or liver problems. here's to a chance for more together time. a chance to live longer. ask your doctor about opdivo plus yervoy. thank you to all involved in our clinical trials.

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. there's no question it's something that i would recommend. >> the decision is going to be announced on saturday. now 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 justices. >> should democrats pack the courts -- >> they are going pack the court. >> we are one less -- one week away from debate. >> i think that allows the president to play less defense and more offense. >> what's at stake in this election is much bigger than

joe. what's at stake is whether or not democracy ensures. >> talked to worried about socialism and raising taxes. >> do i look like a socialist? i beat a socialist. that's how i got the nomination. ainsley: new york city, beautiful day out there. thank you so much for joining us. we really appreciate it. brian: after a while, you've like, please. steve: casey sang this song during. remember when we used to have a summer concert series? we used to sit on a couch? brian: right. steve: that was the way i liked

it. brian: lou combs wrote a song. steve: so many things have happened and, in fact, everything changed just friday night when we learned that ruth bader ginsburg had passed. griff jenkins live outside of the supreme court right now where she will lie in repos later today. griff: good morning, public gathering planning to come in here. you mentioned things changing in the last 24 hours. looks like we were heading to drama because collins and murkowski not on board but mitt romney, the confirmation process is moving forward with the president going to announce it at 5:00 o'clock on saturday who the nominee will be. yesterday romney talks to reporters on the halls to have

hill had this to say. >> it's to proceed with the consideration process and if a nominee actually reaches the floor, then i will vote based upon the qualifications of that nominee. griff: now republicans have the math. here is how it breaks 51 in favor, 2 oppose. 47 democrats are opposed. this even with the numbers against democrats are fighting back with calls to pack the court as we have been talking about. speaker pelosi blasted the president invoking the word impeachment. >> i don't ever remember that impeachment -- of course, impeachment is always, the fact is why is the president in such a rush, he's in hurry to overturn the affordable care act. griff: as the president departed the white house yesterday he made the case for need of 9 justices before the election. >> i'm getting very close to

having a if i believe -- final decision. i will make it i believe at 5:00 o'clock on saturday. you will need nine justices up there. i think it's very important. what they are doing is a hoax with the ballots. griff: now in just about 90 minutes justice ginsburg's casket will arrive, private ceremony with members of her family and the members of the court and the public and on friday she will travel across the street making history lying in state in the capitol and statutory hall becoming the first woman to do so, breaking another barrier even in death, brian, ainsley and steve. ainsley: let's bring in trey gowdy, former south carolina congressman and author of the book doesn't hurt to ask, using the power of questions to communicate, connect and persuade. hey, trey, good to see you.

trey: hey, ainsley. ainsley: the president was speaking last night about joe biden, why won't he release names of supreme court nominees. >> now 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 on people that would destroy the country, people that would destroy your country. ainsley: trey, what do you think? why won't he release a list? trey: you make one person happy and lots of people upset. you draw scrutiny and why did you pick them and not someone else. ainsley, we don't need the list. we foe who joe biden has opposed in the past. john roberts, the most moderate part of that conservative block. biden voted against him. can you remember the last gop nominee that biden liked.

david sutter. you can have an idea of what kind of jurist he will pick. brian: all right, so the question is, the republicans are going to name somebody saturday at 5:00 o'clock, the president from the white house. the republicans said we have 51 people that will give it a hearing and cast a vote. if everything goes well, they will cast for the nominee. the response from the democrats is off the charts. get rid of filibuster. joe biden will not commit to any of this. he's been told and evidently they are mad at markey or nadler on bringing it up. if he's moderate, it should be an easy answer. if he remembers what he said, it should be even easier. here he is in 2019. >> i would not get into court-packing. we had 3 justices, next time around we lost control, they had 3 justices. we begin to lose credibility the court has at all.

i would not pack the court. brian: that's a pretty logical answer, why can't he repeat that in 2020? trey: he may not remember what he said. that's a possibility. the other possibility is he's just beholding to the left. we've had the same number of justices for 150 years. 9 has been just the perfect number for this country for 150 years. if you don't like who the supreme court nominees are, then win an election. you should have won in 2016. president obama, president for 8 years, his successor lost. if you want to pick supreme court justices, win elections. steve: you've got to control the white house and you've got to control the senate and then you get to do what you want and the democrats didn't get the message in 2016. now they are seeing that that's how it works in that town. trey: when you start messing with the supreme court, go to 9,

the next group may go to 7. which two are you going to pick that lose their jobs. the constitution only says one. chief justice. the rest by statute, we've had 9 for 150 years, you know, for -- democrats always worry that president trump is unsettling precedent and revolutionary figure. nothing more be more revolutionary for packing the court. fdr tried it and was unsuccessful. ainsley: it was obama that said elections have consequences. trey: only when he wins. ainsley: what's at stake is what our democracy endures and it's how they win, don't let them. your reaction. trey: yeah, ainsley, that is typical obama. it is grandiose and narckistic, here is what he can't get his head around, after 8 years of

barack obama and a field full of normal republican candidates, the republicans nominated donald trump and the american people elected him. that was the answer to barack obama's 8 years, we will give you donald trump. that's what he can't get his head around. he can talk -- we are a republican and not democracy. typical self-centered obama. brian: you have a book of persuasion. what is better for republicans to put this thing to a vote before november third or name the person and leave it out there saying, if we win, this is who you got, if we lose, this is who you don't have? trey: that's a great question coming from a guy that wrote a book on questions. it makes a little bit of sense, i think, for the president to say this is my nominee, joe, give me yours, we will let the people weigh in in november.

but the reality is presidents are presidents for four years. you don't have diminish power the closer you get to someone else's nomination. he can wage war on the day he leaves office, you can investigate political enemies, we saw that last time, right up until your last day, whether they vote before or after the election is less consequential to me than the fact that they vote before the inauguration. this is president trump's pick and he's entitled to a vote. steve: not consequential to you because you're not running for reelection in hotly contested race but there are a couple of senators on the republican side and that's what mitch is worried about. but you know that, you're a politician but now in private practice again. trey: yes, sir, recovering. steve: trey gowdy, thank you very much. brian: congratulations on your podcast. your podcast is excellent. trey: thank you, brian. i was wondering who was listening to it. yes, ma'am, yes, ma'am.

unless you come home and run for governor. ainsley: i will leave that to you. i probably one day end up back in south carolina. i love that state. brian: right. i think the -- the president wants to put ainsley on the supreme court. you want her to run for governor. nobody wants you at this job. trey: bad coworkers. brian: you're thinking about the ellen show, we all get along. steve: trey gowdy, thank you very much. trey: have a good day. steve: we will, indeed, because we have headlines with jillian. jillian: good morning to you, let's begin with fox news alert. interim report on the barisma probe looking at hunter's involvement with ukrainian gas company. the finance committee finding the obama administration knew hunter's position in 2014 was problematic and, quote, ignored the glaring warning signs and the committee obtaining records

from the treasury department showing, quote, potential criminal activity in transactions with hunter and associates with ukrainian, russian and chinese nationals. joe biden calling exploit. protestors marched streets in louisville as the city braces for a decision in the breonna taylor case. the mayor declaring state of emergency. crews boarded up buildings to prepare for unrest. taylor shot and killed when police used a no-knock warrant in her apartment on march. the officers involved haven't been charged. it's unclear when the decision will be announced. in just a few hours, health officials will testify on capitol hill about the government's response to covid-19. this as the u.s. passes 200,000 deaths. dr. anthony fauci, cdc director robert redfield and fda commissioner steven hahn are

scheduled to appear. dr. nicole saphier joined us earlier as some cases see increase in cases. >> if you start looking at the new cases specifically in the case that is you just mentioned, the far majority, over 50%, about 18 to 24-year-olds, that tell us that's being spread particularly by the age group. jillian: johnson & johnson announcing this morning it will begin phase 3 of covid-19 vaccine trial. it joins 3 other drug makers holding late-stage trials in the u.s. a veterans group playing it forward to black lives matter activist who saved a burning american flag. lisa seen here putting tout flames at june rally in spokane, washington. the veterans giving her a 26-dollar grant for her action so she can go to college. >> it was an honor for me to be able to do this. she stood up for everybody that's ever fought for that flag or served under the flag.

jillian: she wants to study psychology and law. those are your headlines, back to you. ainsley: thank you sot through week 1 oaf dancing with the stars but new allegations of her husband's disappearance is overthat -- overshadowing. nancy grace is next. ♪ ♪ 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.

it's official: national coffee day is now national dunkin' day! celebrate with a free medium hot or iced coffee with any purchase on september 29th. with any purchase another day, another chance tlet's do this.rd. by making internet speeds fast and reliable. so you can keep up with your customers. by ensuring those speeds have wireless internet backup.

so if the power goes down, your connection doesn't. and by covering all your connected devices with serious security. so we can handle this. and this. while you get on with this. and this. be fast, be secure. bounce forward. with comcast business. get started with a powerful internet and voice solution for just $64.90 a month. call or go online today. ♪ brian: carole baskin surviving

dancing with the stars. a woman says that she believes her ex-husband's kenny may have played a role in don lewis' disappearance. >> i've sat down with trish, she was super reputable. there's no question in my mind she believes what she's saying and -- and we've named kenny in our discovery. carole has daily blog. either way she will wind up sitting for a deposition and have to explain this. brian: that's a nice twist. nancy grace joins us. dancing with the stars having fun, not so much fun if you know this. >> not so much fun when you get slapped with defamation lawsuit.

apparently the family of don lewis is suing carole baskin for making jokes and quit on national tv on dancing with the stars, i know the pressure is hot and heavy, it was hard, but they claim that in the midst of all the dancing with the stars she is making jokes and comments about her dead husband, don lewis, yes, he is dead, at their expense. they're claiming defamation. sounds more like an intentional emotional distress case to me. she has a lawsuit on her hands right now. let me tell you something, that's a tiger by the tail, you can't hold on and you can't let go or you will get bit. that's happening, but i really find it interesting that potentially a new lead has emerged. as you were saying trish was married at the time to don lewis who i say is dead, no doubt about it, handy man, right-hand

man. that man kenny comes home one night and driving don lewis' van. why st. -- isn't lewis driving s van? a few days later it's gone too. it's only after that, here is the kicker, wait for it, that don lewis is reported missing. so how did her husband who is now working carole baskin is gone before the police did? brian: i don't know, i don't have the answer but i feel that you will get to the bottom of it if anyone can. you have a brand new book, don't be a victim. what's the focus? >> you know, it took me two years to write this and i want to thank you for having me on because all of the proceeds from this book, all of my proceeds

are going to the national center for missing and exploited children. since my fiancee was murdered i changed my life path and i became a crime fighter. i put every book every case i investigated, personally took to trial or covered and i interviewed literally thousands of victims, not just to hear their stories but to figure out what we could learn, what we could arm ourselves with so you don't be a victim. it's not to scare you but to arm you with facts. brian: right, so you look at past cases and find out, make sure that you're not in similar circumstances. now, what's coming up and where can i see you live when you're streaming on fox nation? >> well, a lot is happening with us on fox nation. it's every single day. it's crime stories. right now we are working on a special investigation of what is going on at fort hood, how many

soldiers do i have to say vanessa guillén are missing before we learn about the truth of what's happening there. i've been a big supporter of our military. my dad a vet but i will not standby and say nothing while people are going missing and dying. brian: right. and those are some of the things that people will ask you questions on friday at 7:00 o'clock when they stream on fox nation. so it's america's favorite app. i haven't polled everyone in america but i have a hunch. >> thank you, i will go with that hunch. brian: all right. go get them. nancy, congratulations on the book. go grab it and you get -- you have a special deal with fox nation membership along with that. >> that's right. brian: nancy grace. coming up straight ahead, president trump pushing economic message during trip to pennsylvania as new reports says the recession over, is that right? robert wolf is here to say no, stephen moore is here to say

yes. if your dry eye symptoms keep coming back, inflammation in your eye might be to blame. looks like a great day for achy, burning eyes over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief.

ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? xiidra, noooo! it can provide lasting relief. xiidra is the only fda approved treatment specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait 15 minutes before reinserting contacts. got any room in your eye? talk to an eye doctor about twice-daily xiidra. i prefer you didn't! xiidra. not today, dry eye.

keeping your oysters growing while keeping your business growing has you swamped. (♪ ) you need to hire i need indeed

indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base so you can start hiring right away. claim your seventy-five-dollar credit when you post your first job at indeed.com/promo (combative yelling) he used to have bad breath. now, he uses a capful of therabreath fresh breath oral rinse to keep his breath smelling great, all day long. (combative yelling) therabreath, it's a better mouthwash. at walmart, target and other fine stores. you can't always stop for a fingerstick.betes a better mouthwash. with the freestyle libre 14 day system, a continuous glucose monitor, you don't have to. with a painless, one-second scan you can check your glucose with a smart phone or reader so you can stay in the moment.

no matter where you are or what you're doing. ask your doctor for a prescription for the freestyle libre 14 day system. you can do it without fingersticks. learn more at freestylelibre.us. ainsley: amazon is going on a hiring spree. online giant set to take on one hundred thousand workers across the united states to keep up with online orders during the pandemic. jeff flock from sister network fox business with all the details, hey, jeff. jeff: ainsley, good morning to you. you can get anything at amazon and right now that includes a job. you are getting a live look inside amazon's newest fulfillment center. you know they've got 33 of these

opening this year alone. i tell you, words almost don't quite describe it, the picture is incredible, how big these places are. and you're absolutely right, it's a hundred thousand people. this is just ramping up. you see all of the bins down there, huge racks, it's going to be filled with product. why? well, i think you can probably figure it out. it's all about covid-19. folks ordering more things online and amazon ramping up to make that all happen. incredible pictures here in the suburbs of chicago as we said, 33 of the huge buildings additionally this year alone. you need a job, if the tv thing doesn't work out, here we go. ainsley: have we seen steve's cookbook, somewhere people are ordering it right now. jeff: let me see if we can find that. ainsley: we will check back with you in about 4 hours. [laughter] ainsley: that place is huge. that's great news, though.

a lot of people are out of work so they can get a job there, thanks so much. nice to see where all of our boxes are stored. they're in the mail, steve. steve: there you go. lots of jobs. thank you, amazon. meanwhile joe biden's campaign reportedly seeking to contrast with president trump on the economy by specifically highlighting and helping small businesses stay afloat amid the pandemic. the campaign is expected to form an advisory council enlisting the help of white house hopefuls andrew yang and john hickenlooper. steve moore did not speak to joe biden. >> hello, steve. [laughter] steve: okay. we will start with mr. wolf. robert, what can you tell us, i know a lot of your conversation is obviously confidential, what can you tell us about the

economy in joe biden and why did he call you? robert: last time we had an event for him and it was clear, steve, that he's committed to keeping small businesses open. nearly one quarter of small businesses are still closed and many will shut down for good without any relieve. president trump really has no plan. the payroll tax cut, the cut that steve is touting it doesn't help small businesses that are closed or those unemployed. let's recall, 30 million small businesses, 25% have closed or in jeopardy of closing. we have 160 million people in labor force. nearly half are driven by small businesses. so the plan that vice president biden has is to really spur businesses to stay open and

unfortunately president trump's payroll tax cut doesn't help any of that. steve: andrew yang, members to have commission. he was on the program more than a year ago when he was running for president and you know what he was all about, stephen, universal income, listen to this and then your comment. >> if we put a thousand dollars a month in the hands of everyday americans, you're going to spend it in your local communities, you will create 2 million new jobs, it's going to go right into the mainstream economies and we are all going to be better for it. steve: that's one of the voices in joe biden's ear talking about universal income, what does that mean to you? stephen: donald trump's response can be simple. the statistics that came out from the census bureau show the average family gained $6,500 under trump, all-time record, smashing the records of income gains in the past. trump has been a middle-class,

you know, president. but when you look at the situation right now with employment, obviously we've got a lot of work to do because we still have an unemployment rate that's too high. but when you look at what has happened in the last 4 months, 10.5 million jobs created, that's a pretty good record and i will tell you one other thing, steve. trump is going to get an october surprise on the -- on the economy that is going to be something very wonderful. i was looking at the statistics today on what the forecast, what the federal reserve is going to be on the third quarter gdp, hold on here. 30% growth in the economy in 3 months, robert. that's a pretty spectacular recovery. steve: robert, yesterday you and i were talking about how axios had a headline yesterday about wall street, the recession is over and the quote, almost 3 million extra jobs and more than $600 billion in economic

activity over and above what the fed expected 3 months ago, so we are still in a hole but we are have dug ourselves so much further out that even the fed thought. robert: yeah, what i would say to both of you is there's no question that the recession is currently behind us, but this is no super v-shape recovery that president trump mentions, nor is it a v-shape recovery. the fed actually also said they're going to have to keep rates low for the foreseeable future. two years because they think the recover is going to be a slot. we have 10 million jobs come in, 1.7 in august, 1.4 in september. it's slowing down. but what he failed to mention is 12.8 million still unemployed and the data he mentioned is precovid, so listen, the

president is still the president. you can't look at the first 3 years and make believe the last 6 months didn't happen. come on, steve, you are to be current in your statistics. steve, stephen, you get the final word. stephen: we have to rebuild this economy from the destruction of -- of the government lockdowns and economy. this is going to be the question, steve, that americans are going to ask themselves when they go to the polls. who do you think is better able to rebuild the economy and trump is simply going to say to the american people, look, i did it again, look what happened in the first 3 years of my presidency. we had a boom that people like my good friend robert wolf and joe biden never thought was possible and i think in the end, people are going to pick the businessman over the life-time politician. steve: well, we will know in about 41 days. all right. it'll be interesting. we will have you both back to talk about the debates. guys, thank you very much.

robert: thank you. steve: former presidential candidate michael bloomberg invested millions in the election cycle including $16 million in florida to help felons vote. is he buying votes, karl rove on that next. i'm making sandwiches! on king's hawaiian bread! yum! king's hawaiian.

(announcer) improve your health, and strengthen your immunity., yum! starvation dieting, processed foods, shakes, and diet gimmicks have made us heavier and sicker. the solution for losing weight the right way is golo. we help transform your body and change your lifestyle, so you can lose weight and get healthier. over 20,000 people of all ages, and entire families, switch to golo every week, because golo works. golo is a unique approach to weight loss

that targets insulin resistance and body fat. insulin resistance makes it easy to gain weight and harder to lose it. golo is a patented system that uses natural plants and minerals, and sound nutrition to help your body convert fat to energy faster. so you'll lose weight while improving your health and immunity. join over 1 million people who found golo, a smarter way to lose weight. let golo help you lose weight and reach your health goals quickly. head to golo.com. that's golo.com.

where you live has never no mattermattered more.e, for over 100 years, realtors® have been providing expert guidance, helping people find new places to dream and thrive. when you're ready... look for the r. >> i'm going take it from karl rove. i've got me a white board real quickly. brian: i think it's impressive. i know he's watching now. make sure it's paid for. he can write it off. ainsley: let's bring in karl

rove, adviser for president george w. bush, good morning. thanks. brian: former cowboy. [laughter] ainsley: how do you feel him steeling your act? karl: i stole it from tim, i have to buy my own white boards. steve: you write it off, come on. karl: i have to buy it myself. look at them, there's gray around the edges. they are getting old but i love them. i love them. brian: a fresh start every day. get an eraser, use elbow, whatever it takes. the president of the united states must have noticed as vice president biden, topics have been released by chris wallace, they will back up their record, supreme court nominee, no kidding, covid-19, that's a lay-up, the economy both will arguments and records, race and violence in our cities, both have different takes on that and

integrity of the election, both to a degree that have called it out. what are you zeroing in on first if you're trump? karl: well, president trump -- each candidate will lay out the narrative of their campaign, rationale on why you ought to vote for them and the president is more difficult to do because he has to both explain what he's done, that that ought to be the smallest portion of what he says, what he wants to do which needs to take up more space than has been previously devoted to it. what's the second term, what's the next act that's in him and he has to contrast it with joe biden. he has to say, you know what i've done on the economy, you feel it in your bones, here are the next concrete steps that i want to do to strengthen the economy in the future and here are all the bad things that joe biden wants to do. biden, on the other hand, he has a simple mission. if donald trump bungled coronavirus response and i'm the normal democrat, don't be afraid

of me if you're sort of a republican in the suburbs are thinking about voting other than republican. we will see how well he carries it off. steve: we don't need your white board for this. we prepared a graphic. the washington post/abc has a brand new poll in florida, likely voters for donald trump, 4 above biden. it's been neck and neck down there and if you look at arizona, donald trump has 49. what do you make of it, given the fact that it's not registered voters, likely voters, who just like the title is they are more likely to vote. karl: this is evidence that the race is tightening. let's step back for a minute nationally. if you take a look at it, high point for biden is on june 22nd when he has

11-point lead. now it's 6 points. the race is tightening nationally and you see it tightening in battleground states. state where is the president was trailing slightly, he's starting to move ahead. states where he's trailing larger margin, he's moving slightly ahead. florida is an example of the first case, arizona is an example of the second case. so we are starting to see people start to sort of come back to their roots and some of the republicans, i think, maybe energized by the convention, maybe energized by the election or supreme court battle are starting to come back. steve: karl what do you make of the fact that a couple of months ago joe biden's lead was substantial across the country and now it's diminished and for the most part his handlers will let him talk about coronavirus and donald trump's character, we will actually have him talk to people in the future? karl: well, i think two things. yes, they should have started

that already and second of all, they ought to say things that he ought to say that they are constraining from saying. let me give you one example. they never mention the violence happening in american cities during the democratic convention. never mentioned it. not word one. yet the american people as i've said before several times have -- there are two concurrent majorities. we saw in the immediate after math of george floyd's death. americans in reuters said peaceful protests are justified. biden can only say the first part of that. he can't say the second part and he said it now two or three times in the last couple of weeks, but it's clearly something that he's uncomfortable expressing. so they're constraining in addition to keeping him off of the stage, which is probably in the -- april, may, june, july was probably smart. now they are also constraining on what he says out of fear of

alienating the left-wing of the party. they are not going to say no violence in the cities and we ought to take people and arrest them and hold them responsible for their actions. i don't think he gets a lot of pushback from the left of his party. they may not like it. they are desperate to beat donald trump and that will swallow that. that will help him with the american middle population and the people up for grabs in this election. ainsley: we talked about the poll in florida with trump getting 51 and biden 47 and mike bloomberg is raising money for convicted felons down in florida because there's a law if you're a convicted felon and you owe the government fines, you can't vote. he's raising money to pay fines so felons can vote. is he buying votes for the democrats? karl: we used to talk about machine politicians and new york was famous for, the machine would show up and they would

provide you sunday dinner and they'd help you with a job and provide you with legal assistance if you needed it and health care if you needed it and sort of if you got in trouble with the law, they put in a good word for you. those were machine politicians. they were never, however, so open as to say i'm raising $16 million and i'm going pay all of your fines and, you violated the law and rather than holding you responsible for leaving up to the debt that you owe the people that you hurt by your actions, i'm going to step in and pay it for you because i want you to be able to vote. that's so transparent. i'm embarrassed for the former mayor. this is not something that he ought to be doing. in our society we believe in personal responsibility. we believe holding people responsible for what they say and they do. these people were found guilty in a court and judged by a jury of their peers, they were ordered to pay fines, ordered to make restitution and the mayor, the billionaire mayor is now raising money in order to pay that off. it really -- i find that

defensive, frankly. i find it defensive. brian: lebron james says i'm going to do the same. it doesn't matter if you're offended, is it illegal? matt gaetz is challenging this. he's put 100 million into the state. he does not care what anyone thinks. he just wants trump out. karl: yeah, let me say one more thing about florida. we passed over this. why is one of the reasons that president trump is doing well in florida and doing well in arizona, if you look inside the polls, he's doing bitter -- better among latinos than in 2016. that's one of the big reasons and my suspicion if we saw the cross tabs also, we would see there's less enthusiasm in african-american community particularly with young men. you had stephen moore earlier, one of the things that was helping the president earlier in the polls he was doing well among younger black men because they were having prosperity they hadn't seen in their lives before. steve: karl rove joining us from

texas, thank you very much. meanwhile she does not have a white board, she's got a magic map behind her and look at that. sandra: yeah, i i have a green screen. this is what's left of beta. potential of heavy rain for parts of texas, louisiana, up towards mississippi valley. we had upwards of 10-inches of rain in parts of southern texas and the storm is finally moving north and eastward and the flash flooding is a big concern, 8-inches in a short period of time. rest of the days forecast, fall-like and the warmth is returning across the west where wild fires danger continues for much of the region. thank you, steve, ainsley and brian. ainsley: thanks, janice. she burst on to the music scene with hits like this. ♪ ♪ ainsley: country star jena

kramer and husband watched battles in public and now they will talk about their new book another day, another chance to bounce forward.

let's do this. by making internet speeds fast and reliable. so you can keep up with your customers. by ensuring those speeds have wireless internet backup. so if the power goes down,

your connection doesn't. and by covering all your connected devices with serious security. so we can handle this. and this. while you get on with this. and this. be fast, be secure. bounce forward. with comcast business. get started with a powerful internet and voice solution for just $64.90 a month. call or go online today. another day, another chance tlet's do this.rd. by making internet speeds fast and reliable. so you can keep up with your customers. by ensuring those speeds have wireless internet backup. so if the power goes down,

your connection doesn't. and by covering all your connected devices with serious security. so we can handle this. and this. while you get on with this. and this. be fast, be secure. bounce forward. with comcast business. get started with a powerful internet and voice solution for just $64.90 a month. call or go online today. sandra: good morning, everyone, ruth bader ginsburg will lie in

repos casket would arrive in a short time. we will remember ginsburg as she becomes the first woman in history to lie in state in capitol. join us live from america's newsroom top of the hour. ♪ ♪ ainsley: country singer jana kramer burst in music sing with what you wanna before meeting husband nfl titan but the celebrity couple watch private struggles play out in public and split up when cheating scandals made public before chose to go stick together. now opening a new book, the good fight, wanting to lead and choosing to stay and practice of loving faithfully. good morning to you. >> hey, good morning. ainsley: good morning. i'm so glad that this all worked out for you guys, tell us your

story. >> we we wanted to write a book to change the narrative of all the things that we've been through. we want to encourage people to fight for the relationship and not fight against it. >> yeah, for us is we needed this book, i needed this four years ago when our marriage was in complete shambles. i wanted to know that a couple can go through hard times and still make their marriage last and -- and, you know, this is the book that ended up writing for that and we hope that people don't feel alone and know that there can be, if you do work together and you fight for each other and you pray to god and love, this may remember can work. ainsley: mike, why did you want to come out so publicly about this cheating scandal? >> you know, unfortunately it was out of our control early on where information was leaked to the media, but, you know, over time as jana and i began our

reconciliation and recovery and i did a lot of praying, jana, you are right, we can start to help people around this. ainsley: congratulations for being so public. i know that you both have relationship with god and have forgiven one another. that's beautiful. if you want to read this, it's called the good fight, it's out now where books are sold. thank you, guys, sorry we don't have a lot of time. our show is about to end but god bless you. >> we appreciate y'all. ainsley: okay, more "fox & friends" moments away. 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.

it's official: national coffee day is now national dunkin' day! celebrate with a free medium hot or iced coffee with any purchase on september 29th. with any purchase >> tech: when you've got ...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. ♪

it's a badge of armor of care of respect. because it means you fight for the safety of those you love. when you come into walgreens you get a flu shot that's right for you... and them you become a flu fighter. do your part and defend your crew against the flu. ♪ walgreens

>> i'm so glad we had this time together. listen, join us back here. we'll be on the virtual couch tomorrow. see you then. ♪ >> sandra: minutes from now the casket carry justice ruth bader ginsburg scheduled to arrive at the supreme court where family and friends and her fellow justices will gather for a private ceremony after which justice ginsburg will lie on a table used for president lincoln. >> trace: lining the steps of the court as the casket arrives. the public will be able to pay its respects to