>> right there, right there. [crowd shouting] >> a fox news alert, two police officers shot as a terrifying turn in new orleans. >> griff jenkins after grand jury decided not to press charges in breanna taylor's death but those calls not enough

to calm a city at the breaking point. you are watching "fox and friends first". todd: we have live fox news team coverage, carley shimkus monitoring the unrest erupting nationwide. jillian: we start with mark meredith with the latest. >> reporter: chaos on the streets of louisville. this morning a different story, much calm her. the police are not out here and neither are the protesters was look what it was like lastly, two officers shot around 8:30. investigators believe these officers were fired upon as they were investigating gunfire, we heard from the police chief last night. >> as they were deploying to investigate what was going on shots rang out in two officers were shot, both were undergoing treatment at university hospital, what is alert and stable, the other officer currently undergoing surgery. i am concerned about the safety

of our officers. >> more protests expected in louisville and elsewhere today as residents are outraged after grand jury declined to charge two of the police officers charged in the shooting of the breanna taylor, the black woman who was shot multiple times in march as police were serving a no knock warrant although witness reported the police did not can announce itself before entering, one former officer was indicted free century reckless and dangerous, firing his weapon into a nearby apartment but he's not facing charges directly tied to taylor's death. >> according to kentucky law use of force by mattingly and cosgrove was justified to protect themselves, this justification bars us from pursuing criminal charges in breanna taylor's death.

>> the family the lawyer representing the family of breanna taylor says they are not happy saying this is outrageous and offensive and should have been wanted endangerment, it should have been once and murder. this is still a felony but not as severe as other charges the grand jury could have considered any essentially this shows potential disregard for somebody's life. it was much more chaotic on the streets of louisville last night, there are roadblocks, police were not taking chances after months of unrest we have seen in this town. you see a makeshift memorial behind me, not many people out this morning but we will see what the rest of the day brings. shannon: please stay safe. jillian: grand jury decisioning putting several cities on it as protests break out across the country. carley: chaos erupting across the country as protesters take to the streets demanding justice for breanna taylor.

in new york city a massive crowd outside the berkeley center in downtown brooklyn, people lining the streets and sidewalks of union square and collecting in front of trump tower, demonstrated say they want to make sure what happened to taylor doesn't happen again. >> this will be a precedent and the next one is going to be you. >> the situation turning violence in buffalo, new york where a protester was struck by a pickup truck. watch. >> wo!

wo! >> reporter: police say the person was taken to a local hospital with non-life-threatening injuries. protests gathered outside the justice department in washington dc as well as by nightfall the situation deteriorated. [crowd shouting] >> video footage shows two men getting into an altercation with police, others broke windows and set off firecrackers. portland police declaring the situation a riot after they say molotov cocktails were thrown at officers. seattle police arresting several people, at least one for allegedly assaulting an officer, footage shows protesters setting a thin blue line flag on fire. another wave of demonstrations in chicago as well as huge crowds marched down city streets. mayor lori lightfoot calling for citywide moment of silence saying the ruling was heartbreaking and left more questions than answers.

>> donald trump and the biden campaign condemning the violence against police, praying for the two police officers that were shot in louisville, kentucky, the federal government stands behind you and ready to help. biden, amidst the profound grief and anger today's decision generated, violence is never and can never be the answer, those who engage in a must be held accountable. democratic vice presidential nominee kamala harris writing and part violence is not the answer and we must find a way to express our grief and anger in ways that reflect the world we wish to see. jillian: who was breanna taylor? she was an emt who worked at a louisville hospital is a full-time er technician. her mother so she aspired to grow her career in healthcare, including going back to school, to become neonatal intensive care unit nurse. as all sides decry breanna taylor's death as a tragedy

geraldo rivera says those who shot the officers last night of defiled her memory. >> a guy shoots a cop using deadly force against police, what are the cops supposed to do? they are charged, one officer has been shot and they fire back, it wasn't even a close call. it was always going to be this way because of the hype of people who were anti-cop for amending this hatred, the people who shot those cops defiled the memory of breanna taylor. jillian: the grand jury reached its conclusion, the investigation is still open and we will follow the breaking story throughout this newscast. >> there was the story, senators weighing in on a senate panel's interim report on the burisma probe looking into hunter biden's involvement with the ukrainian gascony, ron johnson

detailing conflicts of interest the committee had. >> a lot of memos around the state department. everybody knew how bad the conflict of interest was and how it would frustrate their attempts to carry out america's policy of corruption. todd: rand paul calling for a criminal investigation. >> riding on air force 2 in doing business is illegal, that is against the law and probably a felony. it is illegal to take money from a russian politician's wife, $3 million wasn't reported accurately. the only way to determine the legality of this is to refer it to the department of justice. we are asking for a criminal referral. >> the senate homeland security and finance committee finding the obama administration new hunter's position on the board in 2014's problematic, ignored the glaring warning signs, democrats, probe purely political.

jillian: the florida attorney general calling for criminal investigation into michael bloomberg's pledged to pay felons debts, he raised $60 million to help felons vote in the presidential election by paying off their restitution and court fines that prevent them from living in the state but under florida law it is a felony for someone to provide something of value to impact whether someone can vote. attorney general ashley moody will discuss the move at 7:30 a.m. eastern. todd: donald trump and first lady milania will pay their respects to ruth bader ginsburg as she lies in repose at the supreme court. jillian: the president makes the case to fill her seat before the election. >> reporter: what a historic day as thousands came to pay their respects to the late justice ginsburg from ordinary citizens

to dignitaries, bill and hillary clinton and several current senators, bernie sanders, chuck schumer,ollins and dick durbin. before the public viewing chief justice roberts room at the iconic champion of women's rights. >> it has been said that ruth wanted to be an opera virtuoso, became a rock star instead. but she chose the law. she was not an opera star but she felt her stage right behind me in our court room. >> reporter: donald trump and milania pay their respects later this morning. of final salutation before moving ahead with what promises to be a brutal confirmation fight is the president makes a case for having nine justices despite opposition from his opponent. >> in case it would be more political than it should be it is important to have a ninth justice. >> the american people make the

case for abuse of power. >> reporter: across the street the battlegrounds have been drawn over the nominee who has yet to be announced. >> the sky is falling when a democratic president does not get to confirm every last judge he or she wants and the sky is falling when a republican president gets to confirm any. >> why are they committing a power grab so egregious that risks shitting the last vestiges of trust the remain between our two parties, for what? >> justice ginsburg will lie in repose again today for the public and tomorrow across the street to lie in state in the capital and sanctuary all becoming the first woman to ever do so. jillian: the political battle heats up to fill justice ginsburg appc. republicans meeting nancy pelosi's impeachment threat with

the threat of the road. warning issued by leader mcconnell. >> two police officers shot is months of unrest in louisville reach a breaking point. our next guest slept outside his restaurant for 3 nights fearful of rioters, he joins us. you try to stay ahead of the mess

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but now a friend. still an electric car. just more electrifying. still a night out. but everything fits in. still hard work. just a little easier. still a legend. just more legendary. chevrolet. making life's journey, just better. shannon: violent protests erupting in louisville after grand jury decides not to charge officers for breanna taylor asked of, the city has endured month of unrest, a lot of them boarded up. our next guest to previously slept in front of the store to prevent looting joining us to react as louisville business owner, thank you for being here,

appreciate it, can you hear me? >> thank you, i can hear you. jillian: there were a lot of protests, two police officers were shot, what did you see? >> thank you for having me, i would like to take this opportunity to express my sympathy to the family over breanna who got shot. last night i was -- i didn't sleep last night. after the magnification relieved, a lot of people headed downtown.

the police car. jillian: we are having technical issues, hard time hearing you, the connection is pretty bad. we are going to see if we can get that resolved and if we can we will bring you back on. i do want to hear your story but we will see if we can work on that in the meantime. jillian: colin kaepernick voicing outrage over the grand jury decision in every on a taylor case. the former nfl quarterback writing on twitter, quote, the white supremacist institution of policing has stolen breanna taylor at life from us, must be abolished for the safety and well-being of our people. a louisville university canceled classes after grand jury decided not to charge officers in breanna taylor's death. the president of the resume canceling classes wednesday afternoon and abe today after, quote, hearing from many of our students of color and their allies, the president writing a

letter urging students, quote, channel your feelings into constructive actions such as pushing for police reform is the university of louisville's athletic department says it might adjust its training and competition schedules depending on those protests. jillian: donald trump heads to charlotte after joe biden. todd: a tight race in the tar heel state next. people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®.

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todd: donald trump headed to north carolina to discuss his healthcare plan before holding a rally in jacksonville florida. jillian: the president's busy day had show him in a narrow lead over joe biden.

>> reporter: 40 days until the election and according to new polls the president has the edge over biden in florida, arizona and georgia. trump plans to head to battleground states north carolina and florida and is expected to focus on his healthcare vision for the nation after the president, the coronavirus response, slammed his opponent's recovery plan. >> our approach is pros i, biden's approaches anti-science, don't think they know what their approaches. they copied from what we have done. biden opposed the china travel ban, the europe travel ban, the strategy they have is never-ending lockdown. our plan will crush the virus and biden's plan will crush america if you think about it, you can't lockdown. >> joe biden in north carolina, a way of trying to sway black voters. pulling average wednesday shows two very contested in the title

state with biden ahead only half a point. during the white house briefing the topic of a peaceful transition of power came up. listen to this. >> will you commit to making sure there is a peaceful transfer of power after the election? >> we have to see what happens. we complain strongly about the ballots and the ballots were a disaster. >> reporter: biden responded to the president's comment saying what country are we in, he says the most irrational things. i don't know what to say. as donald trump heads to the tar heel stage of biden returned and is said to be pressing for next tuesday's debate? >> thanks. federal investigators are looking into whether utility gears sparked a massive bobcat fire torching 113,000 acres near los angeles was a report from

southern california reveals an agreement issue happened 5 minutes before the first report of the fires at jussie smollett. >> reporter: crews double the containment of the flames at 38% to 100 additional firefighters are helping. jana steen joins us live. any relief for those firefighters? >> in the northwest the moisture working its way in but not enough to help firefighters. we have 76 big fires burning across the west. you can just see how devastating that has been in the weather conditions are not helping, with that was you working its way to the northwest we still have strong windss for parts of the interior west and central and northern california, red flag warnings up, california, southwest remains dry.

the real moisture to help those firefighters is not coming and the drought monitor told the story. it has been dry for months and months in this area and wildfire conditions are conducive for spreading and starting wildfires. we are still dealing with beta, moisture from beta moving towards parts of the southeast and the appalachian mountains, 1 to 4 inches of moisture getting in, potential for flooding will be imminent in some of these regions and the rest of the forecast looks good, 78 in new york city with mostly sunny skies. todd: shout out to the book. carley: i like mostly sunny. jillian: house republicans sent a letter to donald trump urging him to nominate amy coney barrett to the supreme court, we are confident judge barrett is nominated and confirmed to the serving court will respect and

defend the original text of the u.s. constitution is intended by america's founding fathers. barrett is believed to be one of the front runners to fill the vacancy on the high court. the president met with barrett on monday, is expected to announce on saturday. todd: kevin mccarthy threatening to oust nancy pelosi if she tries to delay the supreme court confirmation. >> if she tries to move from impeachment based on the president following the constitution i think there will be a move on the floor to have her no longer a question of her being speaker. she has a quiver, we do too. todd: pelosi threatened to impeach the president and the attorney general to slow the process. mccarthy will join "fox and friends" live in the 7:00 hour eastern time. the supreme court showdown showing how dysfunctional washington can be. jillian: congressman mark green says the country needs impartial justices, he joins us live next.

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jillian: two officers recovering in the hospital after being shot in louisville, kentucky. todd: unrest erupted in the grand jury decision over the breanna taylor case. the latest on the off a's condition. >> reporter: those officers are in stable condition. it was chaos on the streets of louisville last night but this morning things and called down quite a bit. the video ladies:30 as police were reporting, half a mile from city hall officers responding and that is where two officers were shot. they are in stable condition. one suspect is in custody. more protests are expected as a residents are outraged over the decision by a grand jury not to

charge in the shooting death of breanwho was shot during a no k warrant. , the black woman brett hankinson was indicted for reckless endangerment for firing his weapon but it is not directly tied to taylor's death. the lawyer calls this outrageous saying it is unacceptable and that is what we've seen overnight. back here on the streets in downtown louisville, the city is shutdown, the dump trucks are used to keep people from coming downtown, no protests out this early in the morning, we will see what the rest of the day brings. todd: we appreciate it. jillian: protesters in louisville preparing for a fight on city streets unloading a u-haul for the shields and

anti-police science. jillian: videos unloading the truck, unclear who organized, there are reports that antifa members, more information. protests erupting in cities nationwide, anchor with police boils over. deputy assistant director:says going after police and destabilizing will pave the way for more problems. >> stabilizing the police and defend them, tucker, nature doesn't like avoid and we will fill a void and that is where vigilante activity comes in. police won't protect us, they start protecting themselves and

you see balkanization of our country. more people living in isolation. private bodyguards and maybe worse than that taking their own action to defend themselves. jillian: democrat run cities pushing to defund police since the officer involved death of george floyd. todd: donald trump still a couple days from announcing his supreme court pick, senate republicans planning to hit the ground running once he does. since october 12th, the president sounding off as democrats try to delay. >> the scam democrats are pooling, a 4-4 situation. it would be more political than it should be. it is important to have a ninth justice. todd: house oversight and reform committee member tennessee congressman mark green, thanks

for being here. what can democrats do to derail the process? >> what they are trying to do or suggested they could do is an impeachment which is insane and proves they are weapon rising the process, all political and harkens back to the last one they realized for them at least a political tool and not what the constitution intended impeachment to be. i am not sure although nancy pelosi and others suggested that. i don't think that works, that doesn't slow the senate down. it is probably just them being bullies. leland: as we look at the vote counted looks like the gop has votes, lisa murkowski created excitement with ambiguity as to where she is on all this after

saying she was going to be a now but after all that listen to joe biden with inflammatory language on the president's pick three days before we know who that person is. >> the american people make the case, the dynamic was taken, women's rights, medical healthcare is going to be gone. todd: it is tough to hear biden through that mask but is any of what he says correct? >> i didn't catch all of it but some of the things i heard vice president biden say about this are just absurd. it makes no sense whatsoever. this is a constitutional obligation of the president and i agree with donald trump. a 4-4 split after this election will be a nightmare. todd: women's rights are not going to be gone, pregnancy won't be a precondition according to mister biden, can you elaborate on those threats from joe biden is to a potential

donald trump second term? >> to suggest with a different supreme court justice or a trump appointed supreme court justice that pregnancy is a precondition is going to go away is insane. there is no republican whoever had that thought. todd: let's go to this, gop lawmakers fighting democrats on their fight to pack the supreme court, you introduced a constitutional amendment keep the number of seats on the supreme court at 9. before the latest hullabaloo, what were your arguments? >> concern that they would pack the justices, pack the court with justices who will interpret the constitution by what they think about to say or should say, the concept of living constitution which began in the 1950s in the warren court makes them at a radical body. they can do away with any executive order, do away with any laws passed by congress,

creates this 9, 10, 15, whatever number they want group of people that can basically run the country whatever their political biases are and that is not what our founders intended. they intended to spread power among branches, make the branches of government equal, spread power between the states and local governments to prevent tierney. put that kind of power in the hands of the supreme court that is tierney and that is what we've got to fight against. todd: 30 seconds remaining, anthony fauci is cautiously optimistic about a coronavirus vaccine being approved by the end of the year. you are a doctor. are you cautiously optimistic? >> i am very optimistic. i think the fda won't through its procedures to the winds. they will look at data and make data-driven decisions. this operation warp speed is historic.

they have done a fantastic job, particularly some of their vaccines, revolutionary. the messenger rna virus is unbelievably good. todd: fascinating what they have done so far, fingers crossed. i want to be vaccinated for christmas. don't know if that will happen but we will see. we appreciate your time this morning, thanks so much. jillian: another busy day for the president with more trips to more battleground states, to prep for next week's debate. todd: look at this. it is a home game for head set. live on the ground this morning from "fox and friends" from battleground minnesota. >> good morning, we're in minnesota at the countryside restaurant, we will be here all morning. when things are the most busy,

most political that is when we go to people and get their opinion and we will be doing so all morning on "fox and friends".

>> battle pursuing states heating up with 40 days until the election. jillian: pete hegseth is talking with voters, did i say that correctly? >> reporter: you did say, that is the big question. i'm going to tell the "fox and friends" anchors as well. in minnesota, last week, on friday, huge energy, population of the town double overnight. we were supposed to be here but there was hurricane sally so, the president is going to be there but will be there next week. the president may not be here

today. the new battleground states seen by both campaigns is the epicenter of whether this will be a trump presidency. blue-collar working-class population, the trump campaign thinks by coming they can boost the enthusiasm already there and donald trump is the first sitting us president to visit, known for paul bunyan, what we do is what we try to do best which we heard from the pundits and politicians, in the polls, now it is time to talk to the voters, the confirmation process, jobs in the economy, who is best to address it in

your thoughts on the issue. we will be having breakfast with friends as always. >> if you can ask later the supreme court vacancy in minnesota i would be curious to hear that. >> both sides feel it may energize. that will be important. >> order something with bacon. >> that is a given. jillian: greg abbott sued by the republican party for adding 6 days to the early voting period. the gop arguing the state constitution does not give the governor to extend early voting. abbott argues the extension would allow more voters to safely cast their ballots during

the november election. todd: shattering voter registration, houston chronicle reporting the lone star state, the 2016 presidential election. texas now surpassing 16 million voters with two weeks. jillian: congresswoman alexandria ocasio cortez calling for new york tax hikes. will drive more people from the state. todd: let's see what is coming up on "fox and friends". i'm sure the announcement from aoc that she wants to raise taxes comes as a complete shock to you. >> you wants schools closed in new york city, kids are interacting too much. let me tell you what is coming up in 15 minutes, the latest on louisville, kentucky as the city has a citywide curfew. we will see what is going on and

major protests in new york or chicago and lindsey graham will be here. he has a date to start the hearings on a nominee we don't know about yet. it is full steam ahead. house minority leader kevin mccarthy pushing back on speaker of the house in case you wants to impeach the president again. corey lewandowski on the surge of the president in battleground states, where we go from here. rob smith will be here in florida attorney general ashley moody calling for criminal probe into michael bloomberg after he promises to spend millions of dollars to pay off debts of convicted felons. so they can vote. we will talk about what is at stake and more, we ask even if you are on zoom at school get dressed. here? nope. ♪ here.

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todd: new calls from the far left to raise taxes on the rich and water is wet. alexandria ocasio cortez under fire from new york leadership. jillian: the backlash in the big apple never ends. >> reporter: alexandria ocasio cortez calling on governor cuomo and bill diblasio to raise taxes on wealthy new yorkers as they battle budget shortfalls. aoc wants the money to go to childcare programs, schools, infrastructure and more but governor cuomo is not sold on this and has acknowledged many of the city's wealthiest residents of left due to crime, homelessness and distraction of quality-of-life. they came back to the city. congressional candidate told you last hour she wants an

investigation into bill diblasio's spending. >> when you look at the way bill diblasio miss manners many, $1 billion squandered on education. the guy just miss spends and we need to have accountability. jillian: it is estimated 2% of tax filers in new york city are paying 53% of the city's income tax revenue so you do the math. heather: pelosi salon owner becoming poster child for reopening. >> reporter: the california salon owner just one of a group of small business owners the rally the president in city hall demanding their shops and restaurants around from be allowed to open. she owns the shop where pelosi was caught on video not wearing her mass, the house speaker

claims she was duped by the salon. jillian: this is not all we would hear that story. so many mixed opinions on the new executive order out of california. >> reporter: california governor gavin newsom should this executive order yesterday, outlaw sales of new gasoline powered cars and trucks by 2035. >> we have six car companies that voluntarily agreed to join california in our efforts to maintain the obama era legal mission of tailpipe emissions standards regardless of efforts by the trump administration to roll them back. >> reporter: it includes hybrid vehicles but does not prohibit california from selling gasoline powered cars. california always had a different emission standard. if you look at the breakdown of gasoline. they have always been their own

drummer out there. todd: we appreciate it and we will be right back. want to brain better? unlike ordinary memory supplements... neuriva has clinically proven ingredients that fuel 5 indicators of brain performance. memory... focus... accuracy... learning and concentration. . .

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down charges related to broken thabreonnataylor's death. jillian: what police officers across other cities have been dealing with for months. ceo of the brewer group jack brewer. thanks for joining us. unfortunately, we keep having this conversation. what is your reaction to what you saw play out on the streets of louisville and across the country last night? >> sadness. but i can't say i'm surprised. you know, unfortunately, when i heard the grand jury's decision, you know, i felt like we probably would see violence. unfortunately, this is the reality in america when people don't necessarily agree with verdicts. we go to rioting. and it's become normalized now in our nation to where we think that, i know, violence and retaliation is the answer. and this has just got to stop. no matter if you think it's right or wrong, we have to get back to morality in our nation. we have to get back to

forgiveness, repentance. and those type of really deeply biblical perspectives that used to guide our nation. but now in these days, we have come so far from that. todd: jack, as somebody who works with police across the country, if you had the opportunity to speak with preona tailor's family, what would you say to them this morning. >> first of all, i would pray for their family. every day everyone is putting emotions into this poor girl wants death, i think that takes away from her legacy, actually. i pray for her. none of us really know what happened that day. we do know. this we do know that hopefully she had her life right with god and has gone on to heaven. and let's remember her legacy and let's pray for her. let's not let her name stand for violence and let her name stand

for folks going up to people in the restaurants and bullying them. that's not who she was. i don't think that's who she would want to be known as. i think we have got to take a step back and start to respect each other and remember that it's not about what we do here on earth. it's about our souls living forever. that's why i talk about god so much. i think we forget and always look at this life as everything. but it's not. we need to start all working towards living eternal lives with our souls and locking arms as america, because this is one nation under god, founded under those principles. jillian: yeah, i can hear the passion and emotion in your voice, jack. and it's certain laye certainlye everybody needs to hear today as we see violence. devastating when we wake up and have another morning where we are talking about it. jack brewer, thank you very much for joining us. i wish we could have more time with you. the show is about to end.

have a good day. we will talk to you soon. >> god bless you. todd: thank you so much, jack. jillian: don't forget to set your dvr at 4:00 each morning so you never miss a minute of fox and friends first. todd: fox and friends begins right now. have a good day, everybody. [shots fired] >> officers down right there. >> two police officers shot as louisville, kenny erupts in unrest in response that only one officer i is indicted in the breonna taylor case. >> this is a black woman. he does not bloke for black folk. is he skin folk but not kin folk. >> come to pay their respect to the late justice ginsburg, president trump and first lady melania will pay their final respects today. what promises to be a brutal nomination fight. >> brutal new u.s. senate report is now revealing shocking details about activities of joe biden's adult son hunter. >> i think we