shannon: i went through it, i am immune, i feel so powerful was when you're the president you can't lock yourself in a basement and say i am not going to bother with the world, you've got to get out. >> tuesday october thirteenth, 3 weeks from election day as donald trump makes his rally return. and joe biden at a sparse ohio crowd as the heat turns up on the trail. >> a justice who has been critical of us holding the affordable care act. >> immediately tacking your faith to undermine, coerce and

confuse the american people. todd: a heated hearing on the hill, democrats all about obamacare is a take aim at judge amy coney barrett, live in washington as day 2 begins in just hours. >> now. now. jillian: a close encounter reminded one man don't miss with mama. todd: "fox and friends first" starts right now. ♪ let's get it started ♪ let's get it started here ♪ let's get it started hot ♪ let's get it started here ♪ jillian: a little different. >> take the online version of

getting covered by the black eyed peas, you are watching "fox and friends first" tuesday morning. jillian: it is official, we are exactly 3 weeks from election day. todd: donald from making his rally return in florida as joe biden hit the trail in ohio. the candidates sprint to the finish line. >> donald trump back and feeling better than ever during his first campaign rallies and spelling covid-19. >> i went through it now they say i am immune. i feel so powerful. i walk in there, everyone in that audience. >> is back, the president addressing a packed crowd in florida, temperature checks were required at entry but concerns were still raised about lack of masks and social distancing in the crowd. 11 days after announcing he was positive for the virus the

president seemed very lively taking aim to remind florida voters he's not a politician. >> if i don't play by the rules of washington establishment it is because i was elected to fight for you and i fight harder than anybody has ever fought for you. >> reporter: donald trump

slamming joe biden's record in washington and his plans to pack the us supreme court. >> they can't get their legitimate, they say that's all right, we will pack the court, but a lot of superlefties on the court and have a different country, not going to happen, we are not going to let it happen and they will destroy our us supreme court and we can't let that happen. >> the former vice president finally gave his opinion on court packing while campaigning in ohio, joe biden telling local news station, quote, i'm not a fan of court packing, but did accuse republicans of packing the court with their supreme court nomination judge amy coney barrett. the former vp focused on the economy while speaking to autoworkers in toledo but raised a few eyebrows with this gas. >> we have to come together, that is why i am running. i'm running as a proud democrat for the senate. >> the candidates are back on the trail today with biden, and the president in pennsylvania, several campaign stops to the schedule including two rallies on friday in florida and georgia. todd: mike huckabee says the president's rally is a sign he is back and ready to roll. >> any question whether he is fit to be president, he has erased that tonight and is coherence, fluid, having a good time, he is in his element and one of the things the press can't handle, he has a great sense of humor, he has fun doing what he does, they take everything seriously and that is

why they've never gotten him but the american people do. todd: the us elections project reports 10 million people have already voted. donald trump raising amy coney barrett while slamming democrats for obstructing her nomination. >> judge barrett, a brilliant scholar who will defend our laws, our rights, our freedom and our constitution like very few people would have the capability of doing. the radical left is hell-bent on destroying everything we love and cherish. >> it comes is judge barrett appeared before the senate on capitol hill for day one of confirmation hearings. republicans coming to her defense is democrats launched attacks on her legal record. >> griff jenkins live in washington with highlights. quite a day yesterday.

>> quite a scene in that room in the heart senate office building with her husband and 7 children seated behind her, some senators, others appearing virtually. judge barrett made her case that as a supreme court justice she would be independent and fair above all. >> courts have a responsibility to the law which is critical to a free society. but courts are not designed to solve every problem or right every wrong in our public life. the policy decisions and value judgments of government must be made by the political branches elected by and accountable to the people. >> democrats in opening statements led by ranking member diane feinstein said she was a serious threat to obamacare noting the high court will soon on a case before them. >> they are asking the supreme court to strike down the affordable care act. there deliberately defying the

will of the people in their attempt to roll back the rights and protections provided under the affordable care act. >> in the midst of a pandemic the republicans want to strike down a law, the 23 million americans rely on. >> republicans came to judge barrett's defense blasting democrats for trying to stop the nomination. >> they dismay me and disappoint me. they reflect the fact that we have allowed for the politicization of the one branch of the federal government that is not political. >> they claim the fact this nomination is occurring at all is illegitimate. doesn't matter who judge barrett is, doesn't matter what she's done, doesn't matter record, doesn't matter. >> they are attacking you as a mom and a woman of faith because they cannot attack your qualifications. >> now comes the questioning and things may get a lot more confrontational. this 12 republicans and 10 democrats on the committee, each get 30 minutes for questioning.

that is 11 hours over the course of the next two days but barring any procedural challenges, or surprises from democrats, as a republican suggested we have to find out. and when it senate confirmation would be normal without protesters, 21 of arrested yesterday trying to block the senate entrance, not what we've seen in recent years but we will see where things go today. >> when lindsey graham went through the timeline i thought to myself that's a lot of tv watching in the next couple days. thanks. shannon: molly hemingway says this is only the beginning, take a listen. >> it looks good to remember generally speaking the way to oppose a republican nominee to the supreme court if you're a democrat is not during the initial hearing process but to

drop a smear after the hearings amended. that's what you saw with justice thomas, brett kavanaugh, they made it through their hearings unscathed, that is when everything broke loose. it isn't the end of the story. the problem for democrats shows in his convoluted healthcare argument, they don't have a lot of ammunition not a lot of goodwill given how they handle the brett kavanaugh confirmation process two years ago. >> you can watch day 2, the coverage starts at 8:50 a.m. eastern. >> fox news alert, johnson & johnson hitting the positive monitor kim jong un for vaccine city, and honestly illness is being evaluated. adverse reactions are being evaluated. stage iii started in september, there are 60,000 participants. astrazeneca posits vaccine file for similar reasons.

jillian: two people arrested for toppling statues and smashing business windows in portland, 30,$000 damage was done to the abraham lincoln and theodore roosevelt statues which they are vowing to go after others involved. >> a fairly high level of violence taking place. we need to come together and be mindful about what we want as a city and what we are willing to tolerate. >> reporter: tom homan joins us to react on the city's unrest. >> congressman doug collins introducing a resolution to remove nancy pelosi and house become a, the republican lawmaker accusing pelosi of wasting house time by launching fruitless investigations against the trump administration, the resolution says policy, quote, started to demonstrate decline in mental fitness calling into question her ability to adequately serve the house of representatives and the american

people. >> reporter: at the vice presidential debate mike pence addresses the buzz. >> my daughter helped me with debate prep and my marine corps son and his wife were a, they told me you did okay but they didn't tell me about the fly. it was a good laugh. shannon: got to do that was the moment lighting up social media for a full two minutes. >> that will be social media, big take away. 11 minutes after the hour. a 5-year-old boy 5 years old fights off gunmen holding his mother hostage was his heroic act caught on camera. >> this hearing itself is a microcosm of trump's dangerous ineptitude. >> this shouldn't be donald

trump. >> democrats using judge barrett's confirmation hearing to slam donald trump but how does this compare to past hearings. attorney john choose served bush 41 and 43 and joins us live next.

>> there comes donald trump has sought. donald trump said last week to stop negotiation over a covid-19 relief package into, quote, focus full-time on confirming judge barrett. >> they are attacking you as a mom and a woman of faith because they cannot attack your qualifications. >> democrats using judge barrett's confirmation hearing is an opportunity to slam donald trump while for the pub republicans condemn them for their attacks but how does this contentiousness compared to

proceedings past. >> our next guest serve presidents bush and john chu and joins us now, appreciate your time. before we get into how this compares to past confirmation hearings i'm sort of asking you to look into a crystal ball. after day one how do you think history will remember this confirmation hearing so far? >> history will remember this day of opening statements to be very painful for judge barrett as she had to sit there the whole time until her own statements at the end with a mask on, never seen this before where members of one party came in with massive poster boards to talk about very personal stories of their constituents which have heart tugging as they may be don't have anything to do with amy coney barrett's qualifications to sit on the high court.

todd: you heard the comparison mindset broader yesterday's hearing but in the time we have now can you compare what we saw yesterday to proceedings past? >> we've never seen anything like this in terms of bringing in big poster boards, talking about heart tugging stories, democrats had a plan to focus on the affordable care act also known as obamacare. very bad they just assumed judge barrett would vote or decide a certain way although this is an obamacare case it isn't about obamacare. it is about severability which means can you cut one piece of legislation and maintain the law or does the whole thing have to be reformed. it is not about obamacare per se. it is a sub issue. jillian: let's listen to what kamala harris had to say

yesterday. >> every american must understand with this nomination equal justice under law is at stake. our voting rights are at stake. workers rights are at stake. the right to safe and legal abortion is at stake. shannon: is that accurate and fair? >> it is not accurate because senator harris or any other senator, republican or democrat has any idea at all how judge barrett might want a particular case. judge barrett is the kind of person that is very open-minded and she will not rule or decide on any particular case until she has heard all the relevant facts and analyze the relevant law and argument so it is inappropriate and wrong for any senator to

assume how judge barrett will decide or vote on any particular case just based on her personality or personal beliefs. in 1993 when president clinton nominated judge ginsburg joe biden who was head of the judiciary committee instituted the ginsburg rule which said you couldn't ask a nominee for the supreme court about his or her personal beliefs and how they might impact any particular case, judge ginsburg prior to becoming a judge had been an aggressive advocate of -- very open about her personal beliefs but the ginsburg was put in place, we followed that ever since. >> certainly help the american people understand that expectation as this week proceeds, thank you. it is 19 after the hour. joe biden's campaign sounding like a trump rally.

>> and she sees you, you're always interviewed. shannon: supporters crashed biden f-stop in ohio. >> 3 weeks until election day, 3 weeks from today, young voters hold the key to several battleground states. our next guest says joe biden has the most to lose with that group when we come back. the medicare enrollment deadline is only weeks away. with so many changes, do you know if your plan is still the right fit? having the wrong plan may cost you thousands of dollars out of pocket. and that's why i love healthmarkets, your insurance marketplace. with healthmarkets' fitscore, they compare thousands of plans from national insurance companies to find the right medicare plan that fits you. call or visit healthmarkets to find your fitscore today. in minutes, you can find out if your current plan is the right fit and once you've let the fitscore do the work, sit back and enjoy not having to shop for insurance again. healthmarkets' fitscore forever technology

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>> i don't have to be locked up in my basement and i wouldn't allow that to happen anyway. when you are the president you

can't lock yourself in a basement and say i'm not going to bother with the world, you got to get out and it is risky, sleepy joe had a rally and nobody showed up. >> donald trump's return to the campaign trail kicking off a busy week in his home state of florida but is there time to make up lost ground? it is good to see you, thanks for being here. do you think there's enough time for the president to do what he wants to do? >> i certainly do and already we've seen the excitement and moment for this president is electrifying. tens of thousands of people show up to interact with the president in person safely with the clearance of his official physician but you can't say the same for the left side of the aisle. both former vice president joe biden and senator harris showed up to do an event and local news reported no one showed up. trump supporters are showing up to these events and will continue to show up including an

election day. >> i saw a clip of a reporter standing outside saying there's not really people here. let's talk about this, the big question, our young people going to get out and vote. i want to get your reaction to these, let's start with this one, presidential preference, if the election was today who would you vote for and as you can see 51% say joe biden, 25% to donald trump, 16% say don't know, no opinion, 8% on and decided. does that surprise you? >> it certainly doesn't because polling data statistically in the united states typically tend to lean more to the left and the right. i'm more focused in the activism work i do interacting with my generation every day and what is happening in front of us in real life, not in the confusing world of falling. when it comes to what is happening with digital activism

and grassroots organization there is a massive conservative movement happening in the united states, students for trump is one of the organizations i'm very lucky to work with and instagram accounts approaching 700,000 followers, instagram being a platform we get our primaries from an hosting supersaturday events where hundreds of college age students, age 18 to 23 are showing up to educate their peers, not doors and participate in the grassroots organization. on the other side of the aisle i had a hard time finding a social media account for students for biden and they aren't making a big impact on college campuses. >> the deck about enthusiasm, this, which of the following best describes your vote for biden, 52% say their voting for him, 45% say they are voting against donald trump, same question about whether or not you are voting for trump, the following describes vote for trump, 75% say they are voting for donald trump, 21% voting against joe biden. your final word. >> definitely a lack of

excitement among jen the voters for joe biden. we are looking for innovative exciting leadership in washington, not empty campaign promises from someone who's been in office more than twice as long as we've been alive. >> thank you for joining us, appreciate your time. >> 27 after the hour. after chaotic summer in the city the nypd preparing four more protesters we near election day. tom homan joins us live on the expected arrests next. these folks, they don't have time to go to the post office they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer all the amazing services of the post office only cheaper get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/now and never go to the post office again!

>> a leaked memo in the new york post from nypd commissioner mcshane a warning officers to brace for intensified protests in the final weeks leading up to the election. tom homan joins me to react, we

will pop up a memo on the screen. what is your reaction? >> reporter: the nypd is a great law enforcement organization, the finest in the world doing what they should be doing. i agree this will be a hotly contested election, there will be voter fraud involved and hillary clinton telling joe biden do not submit to defeat in the selection. it is going to be controversial and the left is shown with they are capable of doing even before the election by looting and burning and rioting, attacks on police and they are going to -- protests will turn into criminal activity. >> speaking of protests the mayor and police chief in portland condemning protesters who toppled roosevelt, lincoln statues in rage toward columbus day.

>> the serum scene, an affront to the values of this community. as mayor i will never tolerate or condone violence or criminal distraction. >> was our officials going to do about this now? >> that mayor is a failure, too little too late. he wanted to be a sanctuary city, the ice office was taken over by antifa and he refused to have local police respond to protect law enforcement officers in that building, not just law enforcement but the support staff attached to the city of portland that he refused to protect, too late to lose a little, he let the anarchists take control of the city which he should've done, if law enforcement officers done their job, there's a record where he totally -- told him to stand

down 24, protesters are not protesters, once you tear down a statue or said something on fire or attack a police officer you are a criminal, you're a thug, law enforcement officers need to enforce the law and prosecutors prosecute crimes and he feels to do that. >> along those lines would we be seeing this if the feds had come in or allowed to come in right off the bat? >> know. when they took over, antifa took over an ice building it wasn't until they allowed ice in there and take control back and donald trump offered this across the country, accepting help at his word, if he wants to protect the citizens of portland which is his job he should take the help offered by the white house. neil: tom homan, we thank you. >> two stop republican senators

are pushing feds to hand over all of andrew mccabe's text messages relating to the russia probe. senators ron johnson and chuck grassley writing a letter to christopher ray saying in part, quote, it is simply an acceptable we've waited so long to receive so little, text messages released earlier this month were given to them years ago. so far they've only received 8%, the 300 pages they now exist. michigan supreme court strikes down governor gretchen witmer's pandemic executive orders effective immediately, following the court actually but the governor violated the state constitution, they asked to delay the ruling from taking effect until october 30th for transition, michigan's health department issued separate orders on facemasks and limits on gatherings that are not affected by the decision. today is really leaders are set to debate how to reopen the economy from a nationwide covid-19 lockdown as british

lawmakers vote on new restrictions. >> good morning, 38 million people around the world have been infected with covid-19 and now countries are tasked with not only fighting a second waiver trying to reopen their economies. in israel the country unfortunately surpassed 200,000 people further death toll this weekend total. starting later this month is real will likely begin to lift lockdown restrictions as part of the multistage exit strategy. lawmakers will debate the strategy today as total cases in a jewish state approach 300,000. israel remains one of the worst to countries in the world based on its population. to the united kingdom local lockdowns are going into place as the second wave of coronavirus spreads, the uk has a 3-tier system the classifies areas based on levels of infection with 12,000 daily cases, british prime minister

boris johnson is going to be re-implementing a number of restrictions we saw before. listen to what he had to say earlier this week. >> more people in hospital with covid-19 than when we went into lockdown. i take no pleasure whatsoever in imposing restrictions on these citizens. i want to stop people enjoying themselves. but we must act to save lives. >> as global covid-19 developments do continue donald from rally last night in the united states in the state of florida where he pointed out the world health organization now says lockdowns do have a severe economic impact on economies and can cause long-term damage. shannon: thank you. fox news medical contributor doctor mark siegel says the world health organization's turnaround is a good one. >> i'm very happy to see doctor and a a come out and say lockdowns can help a little bit

as you regroup or if you're healthcare workers are exhausted but the cost is enormous and should not be a primary strategy. stick to your masking and your distancing. >> in a study shows the pandemic and current lockdowns the cost americans $16 trillion. >> a police chief pushing back on calls to fire an officer who shot and killed a teenager in wisconsin. >> there's been no reason up to this point that he should be removed from the force. he has acted legally and lawfully. >> he was not charged in the shooting death about him:february. the district attorney says the 17-year-old shot at offices while running away. the milwaukee suburb has seen days of protests after the decision. >> senator mitch mcconnell's democratic how challenger dodging a question about packing courts during their first debate. >> would you favor and large in

the court? >> we should be working on unpacking the senate right now because he has polarized and made this partisan mess of the supreme court. >> democrat amy mcgrath says she was not looking at the court and was focus on focusing on confirming covid-19 instead of coronavirus relief. there are no other debate scheduled between the candidates. >> and 11-year-old boy in custody after taking a stolen school bus on a joyride. take a listen. he was moving. police chasing a speeding bus with a child in the passenger seat through the louisiana. it ended when the bus had a gas line. police putting the boy in a juvenile detention facility. no major damage or injuries were reported. >> army soldier paying an electrifying tribute to the late the time. and eddie van halen, listen. ♪

jillian: playing than halen's eruption, the city has 2 million views. eddie van halen died after battling throat cancer at the age of 5. todd: 39 after the hour, early voting an exhausting ordeal, people were forced to wait 6 hours to cast their ballot. jillian: a lot of pep in the president's step as he learns social media, dance moves.

shannon: welcome back. a very brave 5-year-old boy comes to his mother's rescue trying to fight off the gunmen dating their home. surveillance video showing the moment the armed men broken and fired shots, little david went

into action. >> tried to his the guy. >> through my car at. >> police are looking for those men, but he is a hero. look at that. >> terrifying video showing a man stalked by a mountain lion when running on a trail. >> go away. go away. now. now. no! >> look at that closing speed. >> i didn't know. >> kyle burgess says he saw company the passing utah. that's when the mother, started down and followed him for 6 minutes. he walks backwards as she wanted and growled at him. eventually threw a rock which

made a runoff but that closing distance that is just while. never seen it. >> throwing a rock. i would think she would -- wow. the birthday of early voting in georgia saw high turnout with some waiting 6 hours to cast their ballots. >> carley shimkus here with more. >> some of these videos are unbelievable, people standing in seemingly endless lines to cast their ballots and vote in the 2020 election early. some folks were forced to wait over 6 hours to vote. high voter turnout wasn't the only issue as these two counties briefly had a problem with the electronic publics use to check in voters. there were also reports of some people passing out in line and

election official tells fox news notice other locations have much shorter lines and voters can vote in any location, this is not the only place to vote early. we had one voter who had a back issue and was feeling bad so medical services were calls. people very eager to vote. there were reports of cheers when people brought out pizza to feed the crowd. the energy was high although the wait time was very long. >> the energy was hired a biden event in ohio but wasn't really how you would expected to be. >> wasn't really for biden. the former vice president visited toledo ohio, some trump supporters drowned about with these chants. >> influential in congress, she's honest. >> biden after to our marked the first time he visited the state in the 2020 general election. look at these poll numbers,

biden at 49%, trump at 50%. and in the race in the buckeye state. >> a few points on this last store. >> he was really excited about this story. >> you can get yourself clean, you can have a good meal and 3, you can do whatever you feel like. >> that is right. we will just take it away, feeling very energized after is rally in florida yesterday. take a listen to this. there he is dancing to the ymca. the president has worn many hats throughout his life, real estate mogul, tv star, president. this is the first time we've seen him in the hype man role. look at him go, their years. >> watch that all day.

cnn slammed for cutting out of the supreme court confirmation hearing for this. >> no protections for lgbt people, no protections for women, this is the approach judge barrett endorsed. >> media reporter says there is a clear double standard in how the mainstream media treats gop nominees, he's live to explain next.

todd: historic down the hill as senators judd -- grill amy coney barrett.

they cut away from the hearing offering their own analysis. >> that she would be much more open to reconsidering row. >> no protections for lgbt people, no protections for women. this is the approach judge barrett endorsed. >> they just don't seem to care how many people get sick and how many people die. as long they can push their justice through. shannon: here to react is joe consciousa. i will go out on a limb and say you are probably not surprised by this. >> it is expected. i embrace it at this point because i predict before hand this is will happen in terms of coverage and sure enough that is how it works at this point. that is amazing about cnn, cutting out from the testimony of amy coney barrett and the questions going back and forth from lawmakers, almost as if they are saying don't listen to

what is actually happening live right now on the senate floor, you're going through the senate floor, you're going to listen to us instead where we will interpret everything that is happening and give you not a fair and balanced phrase but type of approach but actually give you the most anti-conservative, anti-barrett sort of rhetoric possible and this is the same network that covers every minute of every joe biden campaign speech but will not show you one minute of donald trump's campaign speech and this is biased omission, the worst kind because your keeping information from your viewers when it comes to the presidential candidates. >> to why don't they want their viewers to see this? >> good question. probably because they could make

up their own minds if they hear from the justice nominee, that is possible and they want to control their own narrative, the message, give their viewers comfort food, telling them what they want to hear instead of what they should here and why they are a distant third in terms of ratings, people see through the bias. a poll a few weeks ago showed 80% of the american people, not just republicans, 86% of the american people believe that the media is biased, 84% believe it bears the blame for the divide in this country and that is what this coverage does, divide the country, only tells half the story, only half the audience is getting what they should be hearing instead of what they want to hear which is not news anymore, that is entertainment. todd: total duration of hearings 4 hours and 18 minutes, cnn coverage 45 minutes and 15 seconds.

will they change their coverage in light of these criticisms? >> i don't think they care about the criticisms. i think they will do what they are going to do. they have a formula that works with their audiences. unless the criticism starts to come from places like the new york times or the washington post or nbc's media team they won't care, we get hit by the right, we are not going to let that impact us. only when they get hit by the left do they change. one example, c-span moderator, that was a big story when he tweeted out to anthony scaramucci should i respond to trump and said he was active over it and the commission on presidential debates put out a statement saying he was hacked, c-span put out a statement saying he was act, cnn did not touch that story for one second, a legitimate media store, the bias of omission, going by your own rules instead of basic rules of journalism.

>> let's give your view on this, the ap -- let's pull this appear. if i could find myself called out for adopting democratic language on court packing forced to issue a correction. you can see on your screen, if confirmed she would be open to measures to depoliticize the court including adding judges to the bench, practice critics called packing the court, this is the editor's note, the new store has been added to make clear it is an opinion rather than an a fact that adding justices would be publicizing the court, what is your reaction to that? >> people have to understand what ap does. they are a wire service. a lot of local papers that had a lot of layoffs depend on the wire services to fill their papers and when you start to put

this sort of propaganda out, opinion, that is an issue. is the ap you have to report the facts because that's literally the only reason you exist. even their ap style guide, told reporters and editors, urging them not to use the word riot in any of their stories. tell the people of portland to have seen 100 straight nights of riots going on. this is what is going on, the associated press is absolutely not, got to go. it is my daughter's birthday week. it's iconic a because we have to split up parties to every night we have to have a party. and she is benefiting greatly. >> good to see you. >> my number one will come on you are 18, you are out the door. >> thanks. coming up in the next hour rudy giuliani joins us on the supreme court battle, the president's returned to the campaign trail.

>> it is tuesday october 13th, breaking overnight johnson & johnson putting its vaccine trial after unexplained illness in one volunteer, the delay this could bring to the race for a vaccine. >> of fiery first day of confirmation hearings, live in washington ahead of day 2.