>> a violent crime, they were doing their job and wearing a badge. jillian: thursday october 1st. the man accused of ambushing two los angeles deputies charged with attempted murder. more on his motive as the sheriff cheeks seeks justice. >> the corrupt media refused to do. i hope joe biden accountable for 37 years of lies. >> a national embarrassment. >> reporter: donald trump and joe biden going onto the trail and the commission is considering big changes before they meet again. jillian: hair chemistry solved? ♪ the supersized style of

todd: i tried to do is move dance. todd piro does not do smoothly. jillian: can you believe it is october? todd: october will be done and then something happening november 3rd. jillian: i think i heard that. todd: you are watching "fox and friends first". jillian: donald trump and joe biden hit the campaign trail one day after their fiery first debate, the president of that off as biden blasts him as a national embarrassment. todd: will lose 8 or joining us with a fresh round of attacks. >> reporter: i will send you a calendar link to remind you of that.

keeping a close eye on cleveland's, wasn't crazy how that played out. it was riddled with interruptions at hospital attacks and now they are talking about changes.te in a couple sw, ohio and pennsylvania. >> the president of the united states conducted himself the way he did, i think it is a national embarrassment. >> reporter: the president was rallying voters in minnesota, he said he held biden accountable during the debate and railed against the media. >> i'm not just running against joe biden, i'm running against the corrupt far left media socialists and communists in the democrat party and the special interests who made a living

bleeding our country dry. we will fight other things like a fake impeachment, had to fight a lot of things that are not like wasn't in the agenda. >> here's what the commission on presidential debates had to say about the cleveland debate in the debates yet to come. last night's debate made clear additional structure should be added to the format for a more orderly discussion of the issues. the cpd will consider changes it will adopt and will announce those measures shortly. the trump campaign's communications directed to murtaza this is all an effort to prop up biden. is what he writes. they are only doing this because there guy got pummeled leslie, donald trump was the dominant force and now joe biden is trying to work the rest. they shouldn't be moving the goal posts and changing the in the middle of the game. let's see what happens. the next presidential debate is expected to be or still expected to be a townhall event in miami.

we don't know what changes if any the commission will ultimately make, they may try to enforce time limits, shut off microphones, who knows. >> we are waiting to see what they decide. thank you for your report and thanks for that gift of talent. >> email will be coming. >> as candidates get attacks from the campaign trail, dan bonngina has donald trump is effective in separating joe biden from progressive democrats, take a listen. >> what he did to biden was surgically detached him from the left. that is a real problem because biden need the left to turn out because democrat party has become increasingly liberal. there is a reason trump kept bringing up bernie sanders and got biden to say i beat him handily. there's a reason trump said multiple times you lost the left.

it was to alienate him from the leftist base and i think he did a good job. >> the next debate will be between the vice presidential nominees kamala harris and mike pence. that debate is next week, october 7th. >> james comey defending the russia probe for republican-led senate panel, former fbi director testify he's proud of his work, newly declassified intel but hillary clinton sought to vilify donald trump. >> you don't remember getting that? >> doesn't ring a bell. >> prettiest ordinary thing that it didn't ring a bell but it did come to you. >> for assistance fbi director chris what joins us to weigh in on comey's testimony. >> good lawyer lousy leader. his memory was so selective and his answers so carefully crafted, absolutely ludicrous to think the director of the fbi wouldn't know more about the most important investigation the fbi ever handled. >> reporter: currently adding he doesn't think it is fair to say

the probe was, quote, not done by the book. >> republicans are slamming the biden/harris kim for refusing to answer questions on packing the supreme court. >> the court packing plan is something that is effectively burning down the constitution because democrats don't like what voters said. >> senate minority leader chuck schumer is promising democrats will do all they can to stop judge amy coney barrett from being confirmed to the court. >> i'm not busting my chops to become majority leader to do little or nothing. we are going to do a lot, everything is on the table. >> schumer is considering making washington dc and puerto rico states to get a majority. republicans and democrats battle over the nomination the women in the senate are rallying behind judge barrett calling her a good judge and good mom. >> she is a woman who is shattering barriers and i pray this moment does not tear our country apart. >> i have total confidence in her. it will be a tough process but

women are just naturally strong. >> this is what a mom can do. >> barrett's confirmation hearing is set to begin october 12th. >> reporter: attempted murder charges as the man accused of shooting two los angeles county sheriff's deputies in a brazen attempt, on camera. we learn that suspect is already in custody for different dangerous crime. >> reporter: the suspect, dion t marie pleaded not guilty to the charges included attempted murder which if he is found guilty could spend the rest of his life in prison. >> a motive for why he did it? >> other than the fact he hates policemen and wants them dead, not specifically. >> reporter: the two were sitting in their patrol car when marie allegedly unprovoked ran up and shot them both multiple times. a photo taken from surveillance right after it happened, 31-year-old woman put attorney goner 24-year-old partner who

got shot in the head despite her being shot in the head as well. >> they became victims of violent crime for one reason, they were doing their job and wearing a badge. >> reporter: mary was already in jail and had suspected gang tie that a lengthy rap sheet. the sheriff arrested him two weeks ago after a long standoff but at the time they said was unrelated to the deputy shooting but instead connected to a carjacking. his bond was raised from 1 million to just over $6 million. those deputies are out of the hospital but according to the sheriff it will be a long road to recovery because of additional reconstructive surgery. one woman i would want on my side if that whatever happened. overnight donald trump signed a stopgap spending bill funding the government through december. lawmakers approved the measure in 84-10 vote hours before the

government shutdown deadline. todd: the washington monument reopening to visitors today, shut down because of covid-19, new safety measures include touchless chickens, daily disinfectant procedures, tickets available online to discourage standing in line, you must wear a mask. jillian: one of two louisville police officer shot during unrest back on the beat, a message of unity. todd: a postdebate battleground bullets, small crowds suggest he may have an enthusiasm problem. he explained next. and because it's a ninja foodi, it can do things no other oven can, like flip away. the ninja foodi air fry oven, the oven that crisps and flips away. robinwithout the commission fees. so, you can start

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>> a president who is standing up for america and standing up for the great people of minnesota.

>> you are the backbone of america. i look at scranton, basically looks down on us. >> donald trump rallying supporters in minnesota while joe biden starts at 8 stop train tour through pennsylvania and ohio. jillian: with 33 days until the election were devoted standing battleground states? joining us to analyze the numbers, justin mullen, thanks for being here, we appreciate it. let's let you do you thing and analyze these numbers, you can see in minnesota joe biden with a lead, 48 percent-42%. and ohio joe biden up 5 person. in pennsylvania joe biden leading 49% to donald trump's 40%. what do these numbers tell you? >> on the face of it we can see there is an advantage for biden,

more in some states than others. it is quite close in terms of polling and margin of error. biden did largely survive the onslaught by donald trump which was designed to make them locals, biden came out of it appearing lucid at the beginning of the debate, a higher hurdle when he cleared that and began his train stop with a train. i'm not trying to be rude about this or tough but it also looks old, train travel up years old. i like train travel, the first stop had 30 people. jillian: if i could interrupt in fairness that has been his thing, always traveled on amtrak. that is his thing. anything to say about that? >> i like the man of the people

kind of thing, we travel by train on the east coast but the challenges that he appears a little bit low on enthusiasm is true, he doesn't appear very perky. this is compounded when you look at people at his rallies. he had 30 people at the first stop and this -- joe biden has an enthusiasm problem in the debate did nothing to help either candidate but joe biden needs to get people to return those ballots by mail or showing up in person. we have two huge issues, supreme court nomination, we have yet to say which way gravity is going and we have the economy which continues to so pain throughout america and we don't know where they will assign responsibility. >> speaking of debates, more

structure to the next debate. let's look at the tale of the tape, biden interrupted 49 time interrupted joe biden. we have that announcement from the debate commission. with reaction from various campaigns biden's campaign saying joe biden looking forward to the townhall in miami under whatever senate rules the commission develops to contain donald trump's behavior and donald trump's campai because t guy got pummeled last night, biden is trying to work the rest. and the time we have remaining what is your take on this move by the debate commission and are candidates going to follow the rules? >> the debate commission's move is the right move for a number of reasons. it really was a disturbing event. it was described in so many colorful words by a lot of folks the next day but the ratings

were down 35% from the first debate in 2016. there is a problem. president debates as a spectacle don't work, it is not what the american people want or need, they need to hear about track records and visions for the future. we didn't get a chance to hear that and they need to hear about it. whether that will stick or not i have my doubts. the problem from donald trump's side he didn't achieve one of the core goals he wanted which was to make biden appear incapable and given his personality he made the whole down it would be a shame to have those be honored by americans. >> really interesting insight, appreciate you taking the time this morning. >> thanks for having me. dozens of california wineries devastated by wildfires. >> napa valley winery owner suffered major losses. those fires becoming a bigger

problem for wine country. he joins us next.

>> california wildfires tearing through napa and panola county for the vineyard, 19 wineries and restaurants of already been destroyed. hourglass winery owner jeff smith knows about it firsthand come his vineyard suffered severe damage this week, thank you for being here, sad to talk to you under the circumstances, how are you holding up? >> we are getting through. the fires are still kind of raging in the northern part of the valley right now so although our saga is a little over at this point we are worrying a lot about our friends and family and so forth, we are very connected in napa valley. >> this is part of the glass fire and this started miles down the road from your winery, on the road where you live, where your home is, your son was home at the time you got the phone call so initially you worried about your home, you get to your son and realize he's safe and then faced with the reality my

business and everything me and my father worked for is potentially destroyed, tell me when you realized that is what that is like? >> in a lifetime your first reaction is to get out of harm's way and these are powerful and moving very rapidly. we just evacuated as fast as we could from our home, got to the winery where we were hunkered down figuring out what the next move was going to be and the fire moved rapidly north above us and at that moment you think this is getting close. we didn't know what would happen. we had to get out. we evacuated four times as the fire was moving around us.

jillian: i have been dear winery, the first week of march before everything shutdown. outside the old ranch built in 1858, completely destroyed. in your cave a couple of my best girlfriends. i was telling you we were texting yesterday i had never met you, didn't know anyone at the winery we went as part of the trip and this was a special place to visit. when my friends and i talk about visiting your winery and seen these images of it burning we are devastated for you. it is a small winery, you see 1000 people a year but the impact you have on people is incredible. are you going to rebuild? >> we are resilient bunch and this is what we do. i grew up in napa. i love napa, napa is a national treasure and we have to do everything we can to carry on and continue to make great wine

and represent napa so we will absolutely carry on. jillian: how can people help if they want? people are asking how to get your wine at home. >> you can go to our website, glasses abovewine.com and go to our mailing list. we still have inventories of wine, the kegs themselves did not burn and we will have some challenges keeping everything together, but we will so if anybody is interested you can go to the website and be happy to make that happen for you. jillian: we look forward to seeing the return once you guys are able to rebuild, glad everyone is safe, thanks for joining us, it is a hard situation. >> we look forward to welcoming you back. todd: a complicated process, such an expensive process as the

clock turns to october, what are folks looking at as they face the horrific in this? >> talking about october it is not feeling like october and portions of the west that is fueling these fires, extreme heat will be lingering, 72 fires across the west. a lot of these along the west coast and that is where the heat is peaking. we have heat advisory stretching from northern california to the border, san diego where you see heat warnings, these places will get to triple digit temperatures once again. this is southern california and those 105, 106 degree along the water 94-95 degrees, just extreme heat lingering across this area. the west in general seeing heat, we see wildfire danger a lot of these areas, the wind is there, the he is there. it is october and still feeling

like summer. >> thanks. todd: former fbi director's fuzzy memory frustrating senators as they grill him on the russia probe. >> i don't recall that. todd: michael burgess reacts to james comey's testimony next.

>> i held joe biden accountable for 47 years of lies and betrayal than 47 years of failure. all nations saw the truth, joe biden lost badly, his supporters saying you should cancel the rest of the debates, we will see what happens. jillian: donald from rallying voters saying he held joe biden

accountable during your debate. the former vice president blasting the president's debate performance on a train tour through ohio and pennsylvania. >> the president of the united states conducting himself the way he did, a national embarrassment. jillian: biden adding donald from, quote, doesn't deserve to be commander-in-chief. todd: james comey testifying before the senate judiciary committee on the origins of the russia probe. >> what effort has been made to verify the dossier. >> the russian agent, the basis for an fbi investigation, any due diligence on this at all. >> anything about the fact that have been revealed.

todd: texas congressman michael burgess joins me to discuss. what is your reaction to comey's forgetfulness? >> extremely frustrating but was portrayed as someone with a swiss watch type of fine memory, the clearest details, he would make contemporaneous notes, baffled at the loss for inserts the two personalities don't add up. todd: at the university of chicago graduate, the inability to recall certain things. one of the more fired up senators was michael we from utah. >> you don't know anything about an investigation you ran, how can you show up and speculate between president putin and donald trump?

>> i have eyes and ears and that strikes me watching the president in helsinki. >> is that the perfect microcosm of james comey? >> the frustrating thing i hear in texas, here is someone who got a fisa warrant, a special kind of situation where they don't have the due process protections as a citizen. if i am a judge, i would be pretty sore. i don't understand why someone is not charged or incarcerated because of that failure. todd: the question we get asked the most of any question we get asked. there is a amy coney barrett meeting with tom gop senators on capitol hill.

>> it depends who are you are talking to. so please with the. i was in that camp earlier, justice kennedy retired, i really like what he will bring to the court and a perfect pick, can't be supportive enough of her as a nominee and the vice president's courage. >> in 30 seconds a number of top democrats including chuck schumer saying they are not going to meet with her. is that good politics? >> a terrible mistake in the years to come. whether you agree with her politics or not, that is are you

can ask for an injustice. >> senator ted cruz meeting with judge barrett, slamming democratic colleagues for politicizing her nomination process and vowing to confirm her. >> i spent 45 minutes with her at the capital and democrats, everything is political to them. everything is hatred of the president. the senate will take up and confirm judge barrett and will do so by the end of the month and will do so before election day and consistent with 200 years of precedent. >> barrett's confirmation hearing october 12th. >> a judge approved in $800 million settlement for victims of the las vegas mass shooting. the insurers will pay 4000 victims as family members. the third anniversary of the

attack, 58 people were killed and 800 were hurt. when the government opens fire, the deadliest mass shooting in modern us history. louisville police major shot during protests returns to work calling for peace. >> all of us are in this together. if we can't come together to find solutions we are not going anywhere and hate and violence progresses nothing. >> major gregory and officer robinson word shot last week, protests were triggered by the decision in the prion a taylor case. driving 6 kids around the steel from campaign signs, they found several stolen signs when they pulled her over. she faces multiple charges including child endangerment and

possession of stolen property. there is a new interesting approach to turn voters blue. and anonymous group review in a brand-new brand called biden beauty. they are selling biden sweatshirt, a blue totebag, it is a biden beat. and that is interesting. trash overflowing honest new york city streets. outrage overflowing. >> >> it is on camera. >> sharing that laugh with democratic lawmaker, masked messaging all about optics.

♪ had to have the last word last night ♪ what everything is about ♪

>> the white house said donald trump is willing to make a deal on her rotavirus relief. todd: a compromise could be in the works. >> the house delay in that vote on a corona package, nancy pelosi and steve mnuchin failed to reach a deal that would give americans $600 a week, healthy airlines but the bill included stimulus checks for illegal

immigrants, protections from deportation for those deemed essential workers and protect employers who hire illegal workers. it would be symbolic of this whole thing. which will, posted the price tag. republicans in the white house, $5 trillion number is a better number although the president may be willing to go over $1.5 trillion but nowhere near $2 trillion so what happens today? todd: what is $200 million between friends? could relations be coming to the golden state? >> governor gazza newsom -- gavin newsom looks for ways to compare operations to dissent of black play. it would figure what compensation should be awarded to those who are eligible but also recommend, for human rights violations. todd: small business owners are fed up.

>> do we have enough -- >> governor cuomo offered new york city clean up the trash lining the street, what arrives, look at the video, and the sunshine bakery on "fox and friends" in the 8 am hour to talk about this but this, i watched the whole film. it is beyond gross. todd: a first world country. it boggles the mind. >> we need intervention. todd: it is tough. >> let's go to brian kilmeade for what is coming up on "fox

and friends," you will talk about business owner. >> between the hallways and mentally ill, that is what new york city is about we get back to work. we check with kevin mccarthy who will talk about the aftermath of the debate and what it means in the house and the senate. senator mike lee is going at it with james comey, comey forgot everything he ever did, questions about crossfire hurricane. david bernhardt opening the washington monument. they have great footage. off on deck stuart varney on joe biden, is there any substance to it. and democrats resist judge amy coney barrett, asking many

things including her faith with katie have which asked what happened to supporting women. jason chaffetz will be here, he is tall. david rubin not quite as tall.

>> reporter: i will take my mask off. >> stuff we can do. so that it is on camera. todd: public safety or political theater, two pennsylvania leaders caught in a hot mike laughing. jillian: carley shimkus with serious xm 115 here with online reaction and i'm sure there's a lot. carley: that video shows although off camera pennsylvania democratic governor tom wolfe

and state representative wendy allman talking about whether to wear a mask during a press conference and she said she where hers in the beginning for the cameras because it is political theater. some conservatives, save the quiet part out loud, restrict coronavirus measures, just for political theater. rick grenell said the pennsylvania governor is hurting the economy to score political points was voters should take note, the mayor of slippery rock adding governor wolf can't hot mike giggling at referring to masks as political theater. the distraction of the livelihoods of millions of pennsylvanians is no laughing matter and we don't find this entertaining. the importance of mask wearing, in front of the cameras, definitely a little bit of political theater.

todd: if you had mcdonald's french fries causing trump's hair growth on your 2020 bingo card. todd: out of all the things he could tweet about who knew this would be one of them? a report in 2018 about a chemical and mcdonald's french fries but yours baldness. the president apparently saw the report and posted a tweet about it, no wonder i didn't lose my hair, loves mcdonald's, even served at the white house during the government shutdown. a lot of commentary and speculation, - todd: college football. jillian: we've seen photo shoots, this is the most interesting. couple took an empty nest photo shoot, so sad about not having their kids

anymore, actually they are not. they are celebrating their newfound freedom, just kidding. these pictures got hundreds of thousands of likes on instagram. a lot of parents, virtual learning, probably thinking, i like the matching shirts. how funny is that? todd: a great long life ahead. probably mcdonald's french fries. >> the commission on presidential the bates considers changing the rules after tuesday night. todd: reinoehl facing anti-catholic attacks from the left, the wall street journal says if joe biden wants to restore civility in america he must speak out now. ♪

and because it's a ninja foodi, it can do things no other oven can, like flip away. the ninja foodi air fry oven, the oven that crisps and flips away.

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test test test

♪ ♪ carry on ♪ jillian: good morning, welcome back. i are taking a live look at new york city. this is sixth avenue, avenue of the americas is also known as, todd. it looks pretty nice out there right now. todd: a few more lights on.

polyanna pyro. jillian: the next presidential debate could be different after the widespread backlash. considering changing the format. todd: former speech writer for george w. bush bill mcgurn. bill, thanks as always for being here. read the line from the debate commission it says as follows. quote last night's debate made clear that additional structure should be added to the format of the remaining debates to ensure a more orderly discussion of the issues. is that a good idea? >> well, it depends. look, i share the conventional view that the debate the other night had too many interruptions. it was not edifying and you couldn't follow it. that said, i don't mind rocks lh custody baits. lincoln douglas debate incredibly raucous. answers that you gave that you couldn't print today the way they were done. now, but you have to be able to hear each other. that's my only concern.

they have to be able to hear each other. other thing i would like to see more of less moderator, more candidates. i think it's more interesting when the candidates pick the questions for the other candidate. presumably, they are going to ask the toughest questions. so i would like to see a little more of that i like it when they go at it. i just want to be able to hear them. jillian: here is a criticism of the president that i have heard a lot since this debate is perhaps in the next debate he might be better suited sitting back a little bit more and letting joe biden speak because, as we have seen from the last few months you know joe biden does trip himself up a lot. he has had a lot of gaffes. i think people say that might work into the president's hand a little bit better. what do you say about that? >> yeah. i agree with that i think dana perino was saying that, that it looked like biden was on the one yard line and about to fumble and sometimes president trump kind of saved him by intervening. so, you know, i think you have

to use a little more judgment. look, what's going to be interesting is how both sides recalibrate after this first debate and what they do in the second one. you know, sitting presidents have a bad record when they run for office in their first debates. gerald ford said the soviets didn't dominate eastern europe. reagan, of course, had a horrible time with mondale in the first debate. george w. bush was really terrible against john kerry in the first debate. even barack obama really lost the first one to mitt romney. so, there's a record of presidents. maybe they kind of think i'm in a tough job. i can kind of wing this or i'm used to this, but that's not out of the ordinary. >> meantime, bill, you have a new op-ed out called amy coney barrett and joe biden two catholics and one double standard. let's listen of a little of that double standard so far. >> amy coney barrett catholic, really catholic you, i mean

really really catholic speaking in tongues. >> her catholic faith a core value and value to questions on how she would rule on issues like abortion. >> we have seen no such outrage for this potential nominee in judge amy coney barrett talking about her catholic belief. i wonder why that might be. todd: so will catholic joe biden be forced to repudiate those attacks on amy coney barrett's catholic faith? >> well, he should have been asked. they are both catholics. joe biden went out of his way at the convention to present the democratic party a an asset make a better person. we heard it all throughout the democratic convention. this threatens to do it. these christmas come from democratic senators and so forth. i think he should have been asked to repudiate it during the debate. and i also think that if he did, it would have been a sister

soldier moment for him. it would have made him look strong. frankly, i don't think he has it within him to do it. jillian: all right, bill mcgurn thank you. if people want to check out your op-ed it is posted online so "wall street journal" as you can see. bill mcgurn thank you for joining us thank you your your time and insight. >> thanks, jillian. jillian: have a good day. todd: set your dvr 4:00 a.m. morning so you never miss a minute of fox and friends first. jillian: that's right still lots of come as we talked earlier in this hour business owner here in new york city who is completely frustrated by trash and everything that's going on. stay tuned for that. have a good day. todd: bye-bye. >> i held joe biden accountable for his 47 years of lies. 47 years of betrayal. and 47 years of failure. >> i think it was a national embarrassment. >> amy coney barrett meeting with several senators. >> i think i'm in awe.

this is what a mom can do. >> she is a woman who is shattering barriers, glass ceilings. >> fbi director james comey talking about the origins of the russian probe. >> it essentially gave the sergeant schultz the fence. i see nothing, i know nothing. >> i don't know specifically. i don't recall being informed. i don't recall ever being told anything like that. >> charges