>> breonna taylor! [crowd chanting] jillian: friday september 2, '05, this is a fox news alert, protesters breaking curfew and windows over the breonna taylor decision. todd: a powerful moment as an officer shot in all the chaos returns to rollcall. ruth bader ginsburg makes history once again. jillian: her monumental memorial at the us capitol, looking ahead

to donald trump's replacement announcement tomorrow. a world war ii veteran passing on today's arsenal of democracy. todd: his son's tribute to him. "fox and friends first" on friday morning continues right now. ♪ jillian: this is one of my favorite songs right now. todd: this is my 3-year-old nice's favorite song. >> mixed tapes. friday morning, i am todd piro. we begin with a fox news alert, police in louisville overnight, protesters are seen smashing windows.

jillian: 23 people arrested during the unrest, including a state lawmakers in louisville. >> a busy night for louisville police and firefighters, still working over my shoulder. they are trying to find out if it is connected to the demonstration last night, we won't know for sure. police making 24 arrests on top of the arrests we've seen earlier this week, people smashing windows, spray painting graffiti and setting fire in downtown louisville. city leaders called on these protests. >> public safety and the work for racial equity and justice can and must coexist. we encourage everyone to be lawful and peaceful.

>> reporter: on wednesday, two police officers responding to a call of gunshots. the officers survived and the man investigators say as possible he will be arraigned later today. police charging lorenzo johnson with assaulting police officers in 14 counts of wanton endangerment. officers cheered as the city of special operations commander showed up for a rollcall thursday only hours after coming out of the hospital. he appeared eager to get back to work. demonstrators are furious police are not charging their offices with the shooting death of breonna taylor, donald trump weighed in on all of this thursday. >> the said thing, i give my regards to the family of breonna taylor. it is so sad what is happening, everything about that case including law enforcement, so

many people suffering, needlessly suffering. >> reporter: i did a lap around downtown louisville an hour ago, and fresh graffiti, concern about businesses, they tried to start a fire. a lot of people broke it going into a church to take sanctuary and hide for the police, but police got them out. jillian: thanks. todd: julio was there the first night of the unrest, calling these protests peaceful is simply untrue. >> they are trying to set fires to set the board on the windows, the hall of justice on fire. metro police said it was

unlawful assembly, to be subjected to crowd control munitions. as they were leaving the area, people were breaking off, sitting even more fires. and walking away. jillian: protesters take to streets nationwide. in los angeles police are investigating after two cars plowed into a crowded hollywood. one person was hurt, one of the drivers has been arrested. in seattle protesters setting trash cans on fire. in philadelphia protesters shut down the highway after blocking traffic on a bridge. >> another top story, ruth bader ginsburg will lie in the state in the us capital. jillian: as donald trump teases tomorrow's announcement at a

massive rally in florida. in washington the late justice ginsburg makes history. >> after lying in repose for two days at the supreme court justice ginsburg's casket will cross the street in a few hours and even in death, will break a final barrier becoming the first woman to lie in state in the us capital. she will be in statuary hall where members of congress and the family what and the ceremony. the president and first lady milania paid their respect has protesters chanted vote him out. he is moving forward with the replacement process the data rally in jacksonville, florida, calling on joe biden to release a list of candidates. >> our land, to uphold our constitution is written. on saturday i will be announcing my nominee to the united states.

my opponent refuses to release his list of potential justices because they will be hand-picked by extremists. if biden does that, puts an extremist in that position he loses everything. >> biden was off the radar yesterday, calling a literally in the morning but nancy pelosi was taking shots at the president downplaying her impeachment threats. >> i don't think he is worth the trouble at this point. we have 40 days until the election. he is trying to discredit mail in voting. this has been an important part of our electoral success. >> reporter: of last night's rally with an indication the president ramped up rhetoric about mail in ballots, we will see where that goes. interesting to note, one year ago today nancy pelosi launched her impeachment inquiry.

todd: thank you very much. we know all lies on the fact the president is going to pick allegedly reportedly his scotus pick tomorrow at 5:00 pm. jillian: a few names have been thrown around the last few days especially amy coney barrett, the top contender, 48 years old, catholic, worked for the late justice antonin scalia, honing in on her religion. todd: during the previous confirmation hearing, circuit court, dianne feinstein making the switch, the dogma lives loudly within you, that is a powerful statement, offensive statements too many, interesting to see if a similar line of questioning attacking her religion, we just heard kelsey in the last half-hour.

>> barbara let go a, 52 years old, former justice on the supreme court of florida in reference to that in the election. >> cuban-american, very proud latino community in florida and you probably will if you are donald trump get all if not most of the cuban vote you are not expected to get all the latino vote. the question is will picking her help that along? jillian: young 38-year-old, allison jones rushing who worked for justice clarence thomas. imagine being 38 and being nominated for that. todd: we have been joking about this, i am 42, i was a lawyer. this was an amazing accomplishment. there are concerns and some that she is being rushed through but nevertheless if you are 38 and in the discussion that is impressive. jillian: we haven't heard much from amy coney barrett's family even know there's been so much conversation about her but we

heard from her sister on the ingraham angle last night. >> her role is unity and love. she makes such an effort despite her busy schedule, despite everything she has to juggle, her love for people is remarkable. amy i feel like has incredible wisdom. jillian: a strong woman she has always been. if you would like to watch, i am sure you will want to, 5:00 pm tomorrow, donald trump is expected to announce his supreme court nominee, we will have full coverage on the fox news channel. now to other news, 98-year-old dad and world war ii veteran surprised with his own personal flyover. todd: arlington art kaylee hoped to be in dc for the arsenal democracy but cannot make it because of the pandemic so his

son arranged a flyover in their pennsylvania neighborhood. 10 minutes after the hour, protesters harassed diners in florida. [crowd shouting] todd: we will show you the tense exchange. jillian: mail in ballots in battleground pennsylvania. how concerning is this as more people vote by mail. bret keller joins us live on that next. people everywhere living with type 2 diabetes

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look for the r. >> we could go faster than halloween and that includes a full set of public hearings as well as 30 hours of debate on the senate floor which is what

senate rules call for in the case of the supreme court nominee. we can be doing that and berate to vote before the election. heather: republicans pushing for a vote on donald trump's supreme court nominee with holly saying it could happen in the next 30 days. jillian: the president will announce his nominee tomorrow at 5:00 pm eastern time. todd: pennsylvania congressman brent keller joins us. i know it is the other chamber do you think the senate can get this wrapped up by halloween? >> i think the senate can get that done. he will get things done. jillian: how important is it to have this done? we had arguments on both sides but a lot of people say it is imperative there are nine seats filled when it comes to election day. >> the thing i look at with this, this has been done in an election year 29 times over the history of our republic and people calling for this before

have forgotten what they said in the paper, it can be done and should be done. the constitution lays that out, congress shall make a nomination to the supreme court in the case of any vacancy. todd: you and 7 of the pennsylvania lawmakers sent a letter to your senator, bob casey urging him to support a scotus nominee vote. critics say you are politicizing, no chanting you know what the case your any democrat is going to vote for whoever the president's nominee is. how do you respond to those critics? >> i will start with senator casey, what you said four years ago, when president obama, the president had done his job, time for the senate to do theirs, and he went on to say the constitution requires the president fill the vacancy and

the senate you their advice and consent. following the constitution that is what we should be doing and the president will do that. jillian: have you heard a response? >> we cannot, that doesn't shock me at all. jillian: the doj is ordering a pennsylvania county to change its mail in ballot practices after several military ballots were found discarded. a small number, every vote is supposed to count, that is why people vote. 7 of those 9 were for donald trump. this is a number we confirmed were found, are there others out there, how many more are there, when you hear this news? >> it should be concerning to all-americans that the ballots are not being handled properly. whether it is one ballot or many ballots it needs to be done properly and big the question if you can't handle it properly how many are there? they are not going to be counted

properly or might be send and take a look at what pennsylvania has been trying to do at the state level the governor and democrat supreme court trying to change the rules just weeks before an election. jillian: we reached out to the governor for comments but have not heard back. 15 seconds remaining. is there a solution to the mail in this this close to election day, 39 days? >> voting by mail is not new. we had an absentee process for a long time. when somebody requests about it gets mailed to them and there is a process. the governor and the democrats are trying to change those just before an election which is wrong and goes to show they are willing to do anything to cast doubt on this election will get the outcome they want to see. we can vote by absentee ballot

in pennsylvania but there is a process. the government wants signatures that come in by absentee ballot. we have to make sure we follow the rules we have followed for many years. todd: appreciate the time, have a great weekend. jillian: cold and flu season fast approaching. how will you know if you have the flu or cold or covid-19? todd: doctor jeanette will explain the symptoms next. st mo. 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.

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jillian: with flu season approaching years of a pandemic looms, the risk of contracting the flu and coronavirus.

medical contributor doctor jeanette breaks us on top of this and allergies too. >> thank you. many symptoms overlap. they usually don't have a high temperature or fever or body aches. usually if you compare the flu against coronavirus many symptoms are similar like headaches or fever, sore throat, body aches, fever, and coronavirus, loss of sense of smell but i see coronavirus patients have more significant chest tightness or shortness of breath more so than my flu patients but the good news is we

have the flu, we have vaccine, treatment, antivirals, and testing which is great. we are on our way to getting these things done in a matter of time. jillian: something for people to keep in mind is both of these spread through the droplets from your nose and mouth. a reminder, people will be wearing their masks this fall. i see so many people with face coverings. >> that is so important to where your mask, practice social distancing and keep your hands washed and cleaned. the cdc recommends the best way to protect yourself is to get your flu shot. jillian: we have been following universities and schools across the country as kids are back in class or still at home.

we saw this news story, teachers are demanding, what do you think of that? we don't know what to expect but is it too soon going into the spring semester? >> they are making the right call, recent outbreak. we are projected to have deaths by 2021, we don't want that to happen. 5% in the community, we have to take it back. if you can do it from home do it from home versus do you have to do it on campus? they are making the right call

to gain control of the outbreak and before they go back they need to make sure they have a strategic action plan for what to do if someone has contact tracing. jillian: kids on campus versus sending them home and spread it that way. >> thank you. todd: 26 after the hour, donald trump slams the left's vision for healthcare while touting his own. >> democrat parties pushing a socialist nightmare, their plans result in rational care. jillian: which plan is best for americans, senior fellow at the national taxpayers union,

>> we have to be careful at the ballots. we want to make sure the election is honest and i'm not sure it can be. todd: democrat lunch attacks over the comments on the transfer of power. >> reporter: the president voicing frustration on whether this election would be fair due to the ballot issue after a news conference at the white house wednesday when trump wouldn't say whether there would be a peaceful transition of power, democrats and some republicans concerned. >> the gravest threat to democracy in america is donald trump. >> a president of the united states placing in doubt the idea of a peaceful transfer of power is no surprise. >> wants total authoritarian, he wants autocracy.

it is not who we are. jillian: reassuring its support for a peaceful transition of power if one were to happen. >> we have had an orderly transfer of power every four years since washington was selected for a second term in 1792. that will happen again to the winner of the november 3rd election january 20th, 2021. jillian: if voters were to choose right now they would pick biden over trump in the battleground state of nevada and pennsylvania. the poll shows trump ahead of biden in all 3 states among people who will be voting in person and those who choose to vote by mail shows biden over trump. donald trump laid out his healthcare plan in north carolina. when issue addressing preexisting conditions, the other dealing with congress addressing surprise medical

billing. bernie sanders saying the president is ready to undermine democracy. >> we must ensure in this unprecedented moment in american history that this is an election that is free and fair. this is not just an election between donald trump and joe biden. this is an election between donald trump and democracy. and democracy must win. >> reporter: we are 39 days from election day with the first debate between trump and biden set for next tuesday. todd: now that donald trump has unveiled his america first healthcare plan how does it compare to joe biden's plan and which plan is better for you? senior fellow at national taxpayers union joins me live. it is great to have you here. let us begin with the

president's america first healthcare plan, i want to draw everyone's attention to one thing, that is a good border to protect those with preexisting conditions. does this but to rest once and for all claims by democrats the trump does not want to protect people with preexisting conditions? >> you would think so but we're in election season so there are allegations being thrown about what the president's executive order does or doesn't do. i think one of the most remarkable things about the executive order is it is laying out common sense differences between what the president would do in a second term and what is 70 with our healthcare system. the common sense things laid out in the executive order are things like telemedicine. allowing people to access health records, things americans are consistently perplexed about and think the president continues to draw that contrast not only between himself and joe biden

but between himself and common sense conflicts americans have with the health care system, that will set him up for success in november. todd: let's look at the joe biden healthcare plan. the one overarching aspect of this is unlike the president, joe biden wants to expand the affordable care act. what else should americans be focusing on? >> the challenge with the affordable care act known as obamacare, promised by the obama biden administration is something that would illuminate coverage gaps for americans and that is not the case. the census bureau, 30 million americans, at the core of the promise, made by biden and obama. the other thing in mind, 0 about the individual mandate, vice president biden said he would bring that back. the thing about the individual mandate is people who are paying

it, 80% of americans make less than 50,$000 a year. you heard joe biden talk about if you make less than 400,$000 you won't pay more taxes under his administration, that is false, the individual mandate is the number one thing i would 0 in on when talking about healthcare with the biden administration. heather: taxes are your jam, that is how it says it in your resume, some new york lawmakers follow new jersey in raising taxes on millionaires. people in these states pay a lot of taxes, that does include millionaires. california, new jersey and new york are the ones we are highlighting. who is going to fund these states when the millionaires move out? >> reporter: that is exactly the question. if you tax something you get less of it, the same challenge with income.

if you tax high income earners they will not tolerate it anymore especially with coronavirus, it is a question for a lot of city voters. it raises the question of the trends of living in a city here. funding the services in these cities, they are not going to tolerate it, they will lower income migration data, people vote with their feet. todd: people with the most mobility are those with the most money, they can work somewhere else, they can buy a house like that. we appreciate you being on the show. >> thanks. jillian: conferences voting to play college football this fall. they will play 7 game season beginning november 6th while the mountain west conference announced in a game season kicking off october 20 fourth.

every conference has submitted to playing ball after postponing during the pandemic. todd: what is your take on college football? is the most pure fun i have. todd: i wish i went to a college that had real college -- todd: i think about that every day. time about to be 37 after the hour, protesters harassing diners in florida. we will show you the full tenth exchange coming up. >> your mission should you choose to accept it will be to save texas. jillian: it is no action movie even though it looks like. a new campaign ad. ♪ it's the faster way to clean as you go just spray, wipe and rinse it cleans grease five times faster dawn powerwash. spray, wipe, rinse. a livcustomizeper iquickbooks for me. okay, you're all set up. thanks!

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[crowd chanting]

todd: what a world we live in, demonstrated tackling diners, swiping a table from that couple. >> carley shimkus with a growing outrage. >> becoming an all too familiar scene. a tampa bay times reporter said protesters in st. petersburg were going restaurant to restaurant chanting at diners. in this situation things got more heated because the mail diner gave the protesters the middle finger and that is why some say they were targeted. here's how that played out. [crowd chanting] >> this video has received 3 million views on twitter, the perfect storm. people eating outside because of

covid-19, eating feet away from protesters and this becoming a situation the restaurant owner, the small business owner already hurt by the pandemic has to worry about. additional worries. todd: we had david webb on the show, who said this will not end peacefully. that was his warning and that could be the case as well, switching gears entirely. dan crenshaw channeling michael bennett. >> your mission, should you choose to accept it, will be to save texas. carley: they say everything is bigger in texas, campaign ads being one of those things, texas congressman dan crenshaw releasing a 4-minute campaign ad commission impossible style where his mission was to save texas so he recruited a bunch of conservative candidates to help

him do it and social media is loving it. boom goes the occlusion, greatest political ad of all time, captain america who? in a commentator, don't mess with texas. my question, is it going to be a thing? are political ads going to be the next super bowl commercial? the greatest things in this morning in america to get people more interested in politics. jillian: one of our next guest had a campaign ad. >> amazon unveiling new dashcam that can record police stocks. jillian: but sticking with steve -- steve doocy. >> doesn't seem like this with longest week of the year. >> seems like the longest month of the year.

>> diagram that sentence. thank goodness it is fox and fox news at night getting an early wake-up call this friday morning. white house chief of staff mark meadows joining us, judge janine. go joining us from her courtroom, geraldo rivera and pastor darrell scott. country music star and friend of this show, we love john rich with his new song earth to god, first-ever national prayer march in washington dc tomorrow, he will perform it live. todd and jillian back in a couple. ♪

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>> ruth bader ginsburg, buying and stated the us capital. >> the president and first the lady pay their respects as protesters chanted vote him out. >> a rally last night in florida to tease the nomination when calling on joe biden to release his list. jillian: the founder of the media newsletter wants to know why the supreme court nominee gets attacked for her catholic faith while joe biden appears to get a pass. >> an article in npr about joe biden on sunday, how his faith informs his politics. they think it informs is politics in a positive way, rosaries and going to church but

you start, they like joe biden's politics, when they don't like him, but amy coney barrett's fate is scary and weird. todd: similar attacks during meal gorsuch chaps confirmation hearings. >> security companies ranked rolling out a new device that may help you during a traffic stop. todd: cheryl casone with more on the new device. >> reporter: are you one of those drivers that when you get pulled over you find it necessary to do this? >> follow too closely, ran a stop sign, across law, change lanes without signaling while running a red light and speeding. >> is that all?

>> now. jillian: >> reporter: you go further, security camera for cars, this is her warning. simply say i'm getting pulled over and it will automatically start recording and notify family member you have been pulled over and monitors for attempts to break in and call for help if you are involved in a crash or feel like confessing. i have gotten pulled over. todd: no comment on this. >> it is fascinating, so many questions. united airlines rolling out a new covid-19 testing program. >> starting october 15th, they will started testing program for passengers traveling from san francisco to hawaii, and the

plan is to expand quickly. >> the international market starts to open up, something that will be critical for us. >> reporter: abbott labs, comes in 15 minutes and at home test, 10 days before your flight. i did this to go to the caribbean a couple weeks ago. >> days in advance you could technically contract the virus. >> yeah. todd: have a good one. a fox news at it, louisville protests erupting for a second night in the breonna taylor case.

jillian: the baltimore area, she reacts to the violence response to the incident next.

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jillian: a first alert. protests erupt overnight for the lack of charges in brornt death. todd: next guest saw a similar situation in her town following the death of freddie gray in police custody. kimberly klacik joins us to compare that experience then to

what we are seeing now. always great it have you here. what's your message to those you are seeing on the streets to these communities about the impact on those communities following incidents like. this yeah. thank you so much for having me this morning. >> a as we saw in baltimore we knew we had to react immediately after we saw so many businesses being looted and riots breaking out everywhere. what i would say is if you are in the community and have you these bad actors are outside influencers and tearing up your community, it's best at the probably go out and try to do something along with the police to get this to escalate. they are ruining their communities yet they don't live there. and the people that are going to be hurt by this are those that actually live in the community. excess of force. i love that president trump talked about sending the national guard n many areas. that's what it's going to take. jillian: what is it like for the

community for those people that own businesses in the communities years later, we are talking months even years down the road when you have businesses who have been demolished by looting and fires and the rioting and the violence that's been happening. a lot of business owners have been forced to close their doors because of the situations we have seen on our streets in addition to covid even when the riots and protests are done. >> in baltimore we can speak from experience. you know, president obama spentt billions of dollars to the corridor which had 14 businesses that were destroyed. unfortunately, here we are in 2020 and many of those businesses have yet to reopen. and probably will not. unfortunately. would were hit hard on our pharmacies. i guess the cvs is up now. the other pharmacies have not reopened their doors and that

really hurts the community. we have a lot of senior citizens in west baltimore that were depending on those pharmacies and their medicine. unfortunately these communities will seat same results. todd: kim, one scene that is standing fraught louisville as protesters signs, shields other supplies. here is the video from that u-haul truck. who knows if these rioters are even from the louisville community. as a congresswoman do you to stop. this protesters the ones protesting peacefully can have their voices heard. >> yeah. so this is when we need to come together from all sides, right? members of congress needs to work with their local leaders, they need to work with their police commissioner and their police department to make sure this does stop. because you are right, todd, a lot of these individuals do come in from out of town. as you saw with that u-haul truck. i would be investigating who rented that u-haul. have you got to follow the money in this situation. obviously it's near election time, right, november 3rd is around the corner.

it's clear to me that somebody has an agenda. now you have to investigate and, again, arrest bad actors immediately. jillian: you just wonder in the 30 seconds we have remaining if arrests are not made immediately as you referenced there. where do we go from here? how much further? how much worse does this get on the streets in our cities? >> yeah. we have got to do something. i mean, it's sad to see. like you said, with covid, a lot of people lost their businesses and were facing eviction. it's a really tough time right now. but i think at the end of the day, this is going to make sure that trump is reelected. american people are not stupid. and they see what's going on and they can relate this to the democrat party so i don't know if this is their strategy, you know, moving to november 3rd but it's a bad one. todd: yes or no answer do your ravens beat the super bowl winning chiefs this weekend? >> yeah, of course. todd: you heard it here first football with kim klacik. kim, we always appreciate your time. best of luck. >> you too.

have a good one. todd: with that set your dvr 4:00 a.m. every weekday morning. so you never miss an addition of fox and friends first. jillian: fox and friends starts right now. >> you will hundreds of protesters getting in the faces of officers, screaming profanities. >> i hear these fools on tv talking about defund the police and things like that. who are black people supposed to call, ghostbusters? >> joe biden called another early morning lid on press conference in the morning. >> we cannot have a low energy individual as our president. we can't. [chanting four more years] >> president trump saying he is close to a final choice on his supreme court nominee. >> we intend to move forward to exercise our responsibility and to vote. >> they say everythin