>> 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.

>> 3 weeks until election day, donald trump returns to the campaign trail he and joe biden targeting swing states in the final stretch. >> "fox and friends first" continues right now. ♪ >> this out to be titanium, left and right of each other. >> i feel bad for the people who sing those songs because they never get recognition. >> initially i was going perfect to this and that but my mind went to million places when i heard that song, you are watching "fox and friends first". todd: donald trump praising judge amy coney barrett while slamming democrats for obstructing her nomination.

>> judge barrett, a brilliant scholar who will defend our laws, our rights, our freedoms 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. >> as barrett appeared before the senate on capitol hill from day one of confirmation hearings. republicans coming to her defense as democrats wants to tax on her legal record. >> griff jenkins is live in washington with the highlights. >> it was an image for the history books yesterday, judge barrett seated with her husband appealing to senators that as a supreme court justice she would be independent and fair to all. >> courts of the vital responsibility to the rule of law which is critical to a free society. 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. >> reporter: democrats in opening statements like diane feinstein cast her as a threat to obamacare. >> they are asking the supreme court to strike down the affordable care act, deliberately defining the will of the people in their attempt to roll back the rights and protections provided the affordable care act. >> in the midst of a pandemic the republicans want to strike down the law 23 million americans rely on. todd: republicans came to her defense blasting democrats for opposing her. >> they does may me and disappoint me and reflect the fact that we all out for the

politicization of the one branch of the federal government that is not political. >> the fact is nomination is occurring at all is a legitimate. doesn't matter who judge barrett is. doesn't matter what she has done. doesn't matter her record. >> they are attacking you as a mom and a woman of faith because they cannot attack your qualifications. >> now comes the questioning and likely a lot of fireworks, 12 republicans and 10 democrats on the committee, each senator gets 30 minutes so we are in for 11 hours in the next two days barring any procedural challenges or surprises from democrats attempting to delay. outside there were 21 protesters arrested trying to block the senate entrance. we shall see what today brings. it rained a little bit yesterday. maybe more protesters outside but a different scene than with the brett kavanaugh confirmation.

>> kim jong un for tamping down the protest numbers but there are always a few. >> senate judiciary chairman lindsey graham says confirming judge barrett would have a major impact on young conservative women. >> justice scalia got 98 photo justice ginsburg got 96 votes. it used to not be this way, thomas, alito, brett kavanaugh, who will step forward in the conservative world? if we can be this wonderful qualified conservative woman on the court we will be making a statement while young conservative women there's a place at the table for you. >> you can watch a day 2 of the confirmation hearings on the fox news channel, coverage starts at 8:50 eastern. jillian: believe it or not it is official, we are 3 weeks from election day. >> donald from making his big

rally return in florida as joe biden hits the trail in ohio. the candidate sprint to the finish line. >> reporter: donald trump saying he is back and feels 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 walking into that audience, walking there and kissed everyone in that audience. >> the president addressing a packed crowd in tampa, florida, temperature checks were required at entry but concerns were raised about lack of masks and social distancing, 11 days after announcing he was positive for the virus the president seemed very lively taking time to remind florida voters he's not a politician. >> 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 thought.

>> reporter: trump slamming joe biden's record in washington and his plans to pack the supreme court. >> they can't get their legitimacy, that is all right, we will pack the court, up a lot of superleftys on the court and have a whole different country, not going to happen, we are not going to let it happen. and nicole will destroy the 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, telling the local news station i'm not a fan of court packing, biden did accuse republicans packing the court with their supreme court nomination, judge amy coney barrett was former vp focused on autoworkers in toledo but raised a few eyebrows with this gas. >> we have to come together. that's why i am running. i'm running as a proud democrat for the senate. >> the candidates are back on the trail today with biden

heading, the president in pennsylvania. several campaign stops added to the schedule including two rallies on friday in florida and georgia. jillian: joe biden says he's not a fan of court packing but hasn't said if he will do it if elected. todd: this despite the senator calling franklin d roosevelt attempt to do so or power grab in 2005. >> roosevelt, remember the adage about power corrupts and absolute power corrupts absolutely, corrupted by power, unveiled his court packing plan, wanted to increase the number of justices to 15, aligned himself to nominate additional judges, to connect of courage in his own party, institution, to stand up against this power grab. todd: ted cruz echoing biden's comments from the past when it comes to court packing, take a

listen. >> there answer is yes, they intend to pack the court, they intend it as a partisan power grab, they know it is not popular with the voters so they are trying to hide it. they will have the votes, it will be a straight party line vote, wake up in january with biden, schumer and pelosi in charge, end the filibuster, and two new states to the united states, democratic senators and i think they will pack the court and every senate democrat is in on the joke. >> there have been 9 justices on the supreme court since 1869. >> 9 minutes after the hour, fox news alert, johnson & johnson, a volunteer's unexplained illness is now being evaluated.

adverse reaction expected including studies in september. there are 60,000 participants. last month astrazeneca held its vaccine trial for similar reasons. >> monday night football, states rallying to win by matter of inches. >> williams and soaring, might have saved the game for new orleans. jillian: the chargers with 5-9 in overtime. the chargers blowing a double digit lead for the second week in a row, the tennessee titans face-off tonight, delay due to a covid-19 outbreak. todd: that was amazing work, 10 minutes after the hour, hail through a plane's windshield, a frightening ride for a flight full of passengers.

>> less than one month americans will lose their health insurance. todd: joe biden accusing the supreme court pick of trying to overturn obamacare but is the aca what people want? ♪ how will we do it, at a time like this? we've been asked that before. and through pandemics, and depressions, wars that split a nation, and fractured the world.

americans have always found a way to vote and make their voices heard. so stand with the national council on election integrity and help make sure every vote is counted. no matter who you vote for, or how. because while this election may feel different, we all call america home.

>> you trying to get a justice onto the court in time to assure they can strip way protections of the for the character. >> in 28 days, 20 million americans may lose their healthcare. the president wants to get rid of the affordable care act. keep your eye on the ball. >> kamala harris using her a lot of time in the amy coney barrett confirmation hearing to slam senate republicans for rushing

their nominee through to appeal obamacare. >> healthcare expert joins us live. in layman's terms walk us through the obamacare case and why this isn't a gladiator like live or die decision democrats make it out to be. >> in 2018, federal judge out of texas as a result of the tax cuts and job act which limited the individual mandate that it was no longer constitutional because if you remember in 2012 chief justice roberts gave the deciding opinion that the penalty was a tax and the aca didn't file a commerce laws because americans could by health insurance or pay a tax. when the tax went away according to judge o'connor, held by the fifth circuit, it is in violation so that is in front of the supreme court.

there is another severability coming in their haste to pass the affordable care act in the we hours of 2009 democrats left severability language out of the law so the question is twofold. first, is the individual mandate constitutional because there is no tax and second, and that portion of the lobby set and the supreme court, not preexisting conditions or knock the bill in its entirety. todd: we will have healthcare which is far better than obamacare at a lower cost, big premium reduction, people with preexisting conditions will be protected at a higher level and now, highly unpopular and unfair individual mandate already terminated, in presidential style, you're welcome is the same thing. from what you know of the two parties who do you think has the plan that will benefit the most americans? >> neither and that is the

problem. the president hasn't released a plan. he released a lot of marketing pieces and made some statements on twitter and i appreciate the things he has done around transparency aering the cost of healthcare but not released a plan that will lower the cost of healthcare. everything seems to be focused on health insurance from the democrat side. they haven't released a plan, the president must release the plan before the election and tell the american people this is how i am going to fix it over the next four years. >> and doubling back to the summer hole, the democrats have a plan to attack healthcare and say this judge will be the grim reaper for all these people on these poster boards. that is not, first of all there is not a republican out there that would risk their political

career to impose preexisting conditions once again. second, even before the affordable care act many preexisting conditions were protected by having health insurance are being on employer plan or medicare. out of the hundred million people that have preexisting conditions the vast majority are already protected and that means as we move forward regardless what comes out of these hearings, or the scotus hearings on this case that will be heard in mid-november preexisting conditions will be protected. >> very interesting. appreciate it. >> governor cuomo out with a new book touting his handling of the pandemic even though we are still in the pandemic. jillian: job are really joins us live next.

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>> andrew cuomo taking a victory lap as he promotes the launch of his new book leadership lessons from the covid-19 pandemic. >> in the halftime of this, writing a book, a retrospective in the middle of it celebrating the things you did right feels strange. >> it is not a celebration at all. the game isn't over. todd: part of new york city reentered lockdown and yesterday the governor said a second statewide lockdown is possible. are there losses premature? joining us a city councilman joe borelli.

>> sorry about the pathetic circumstances. todd: let's look at these numbers, new york state coronavirus depth 33,301 total state death and you can see 6600 nursing home deaths. a lot of people take issue with a book like this. do you? >> they certainly should. given those numbers we saw more deaths than the entire country of france, an entire large populated european country, new york state still has more deaths, what is so insulting is as people are still dying, still getting sick, as the uncertainty continues and businesses were closing this was a guy who use the government not only for contemporary is notes for a future book but was glad handing publishers, shopping for agents, writing this book, this is in the thick of this pandemic when we lost people more than any other state easily but more than

places like france and spain. it is upsetting, it is troubling. i don't think there needs to be a boycott, given the last book sales, 3000 copies it doesn't seem people are interested in him as an author to begin with but people should understand how insulting it is for families to see this man profiting off of this book. >> one of those families is meteorologist janice dean, she's been fighting this battle day in and day out, both of her in-laws died in assisted living care facilities, she's one of many people who still want questions on this and he was on yesterday with willie giese and asked the question and listen to how this exchange went down. >> what have you learned about the early stages you can apply, was it a mistake to send those covid-19 patients back into nursing homes? >> the first lesson for the nation, how did you not know the virus was coming to the united states?

shannon: that's not an answer to that question? >> this is why he is dodging for so long that he has people like janice dean who is up in albany every weekend on her time off meeting with legislators, hosting rallies and raising awareness about governor cuomo. talking about whatever he governor could have done better to prevent loss of life, governor cuomo is one of the only state governors, we are able to point to something he did that actually caused loss of life in this pandemic, almost unprecedented around the world. the march 20 fifth order that placed people with covid-19 in nursing homes putting people in the most vulnerable populations one could imagine and this is something that he did. this book is as relevant as napoleon writing how to invade russia. it is so upsetting, so many

people, to see this man having this victory tour where he gets the softball questions on the morning news shows. jillian: a lot of people say he would be better served to say here is what we learned and what we are going to do going forward but you are not hearing that. appreciate your time as always. todd: the left using fear to derail a supreme court nominee. >> every american must understand that with this nomination equal justice under the law is at stake. todd: will the fear mongering and attacks on judge barrett work? judicial watch reacts to the scare tactics plus this. >> throw it! now! todd: that is how carly acts. don't mess with mama. he came face-to-face with the cougar coming up.

♪

>> to return back to a time when women had no right to control their own bodies. the concern about voting rights, workers rights, the rights of lgbt q community. >> every american needs to understand that with this nomination, equal testing under the law is at stake. todd: senate democrats coming after judge barrett on day one of confirmation hearing saying she's a threat to the right of women and minorities as republicans focus on the nominees credentials. what do you make of these attacks on what barrett would do? she's not supposed to say how she would ruling any case ever.

>> it is an old playbook the left is in using against conservative judicial nominees for 30, 40 years. it doesn't work. there's a reason they didn't want to have this debate. they didn't want a confirmation process. it is because americans don't want judges to make up law. they want them to apply the law. they don't want coefficients in robes. here you have arguments with judge barrett as opposed to how she will apply the law and most americans want legislatures to decide whether or not to protect unborn life, they don't want the supreme court to say we have abortion on demand for the entire 9 months and as far as the left is concerned they want you all to pay for it. this is why they are so upset about it and specifically they know there will be political fight illegal fights on election matters and they are deathly

afraid people like judge barrett are not going to bite into changing the's just before, just after the election to help count votes to throw out the candidate they don't like, namely donald trump. todd: do you think this is set up by democrats to delegitimize the court system, specifically the supreme court so when they try to sell court packing, what really is court packing, expanding the court, not this notion in the last couple days when a try to sell it to the american people the american people might buy it? >> they want to frighten the justices as they going, they targeted brett kavanaugh and are targeting amy coney barrett. they leave the nasty stuff their allies, attacking faith and family but you are right, we face a dire threat to our constitutional system with this court packing program. if you want to see where court packing has gone on go to hugo chavez's venezuela. they want to destroy separation

of powers and the worst developments in the election cycle has been joe biden's refusal to stand by the constitution and say i don't want to have the legislative branch eliminate the judicial branch by turning it into a convention or judicial body the size of the house of representatives. todd: democrats went all in on healthcare. should republicans have a better rebuttal to that line of questioning? republicans want us to do your qualifications to be on that court? >> they don't want to talk about how in any particular cases i am not playing a republican here, obamacare is unconstitutional, decimated the healthcare system, made a more expensive for people with preexisting conditions to

get healthcare and if i were a conservative or republican in the house or senate. and should be eliminated. as opposed to try to browbeat the court. >> hopefully we get it over the course of the next few days. >> two people were arrested, smashing businesses in portland, the mayor is vowing after others involve the retired acting ice director tom homan joined us earlier and said that is long overdue. >> anarchist to control of the city. and a record where law enforcement officers stand down to antifa.

>> theodore roosevelt's statue. >> united airlines flight makes an emergency landing after hailstorm shatters the windshield. the flight turned around over lake michigan and returned to chicago's o'hare international airport. the jet landed safely and passengers were put on a plane. janice dean is tracking everything going on out there. >> janice: acquire forecast. we've been busy in the tropics, those are quiet. we have a few weeks to go before hurricane season officially ends but nothing to report right now. let's look at temperatures, 40s and 50s, feeling cooler across the east coast where we have a batch of moisture moving in especially northern new england and finally move out in better conditions through wednesday.

the future radar that patch of rain through new england will start to be much improved as we get through the rest of the work week. across the northwest we have very active weather moving into the coast, rain along the coast and higher elevation snow pushing towards the northern plains. unfortunately that rain, that moisture not getting into the area really needs it where we have the wildfires they continue to burn across the west and wildfire danger continues for parts of the southwest as well. we will keep you up to date but all in all a fairly good forecast. jillian: thank you. todd: terrifying video showing a man being stalked by a mountain lion while running on a treadmill. >> go away! go away! now! todd: he flies. kyle burgess says near this path in utah, mom started following

him for 6 minutes. jillian: burgess walked backwards as she longed and growled at him. eventually through a rocket the big cat. i would be petrified to throw anything at that. todd: that closing speed is mind-boggling. jillian: breaking overnight johnson & johnson halting its covid-19 vaccine trial. todd: cheryl casone joins us with potential impact on the vaccine timeline. ♪ ♪ ♪ this is the feeling of total protection now that we protect your identity, and mobile phone, as well as auto home and life you've never been in better hands allstate click or call for a quote today

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one.5%, the company posits covid-19 vaccine trial because of volunteer developed an unexplained illness. the company was in phase 3 trials last month, and rolling 50,000 people in the us and throughout several other countries. in a statement the company said, quote, we are committed to providing transparent updates throughout the clinical development process a vaccine candidate in compliance with regular tory standards and around high ethical and scientific principles. they will review the participant's illness, the company said illnesses and side effects are an expected part of any clinical study. this does not mean failure. astrazeneca's trial was part last month after a woman in the uk had an inflamed illness which one us official said was a spinal cord problem. in july was another pause for the same trial, turned out to be a multiple sclerosis diagnosis. astrazeneca resume their trial.

they are on positive the us. as fate would have it this morning j and j will be reporting earnings at the 6 am our eastern time, full coverage at foxbusiness, putting new 8 and new focus on those earnings. todd: that is the business perspective. on the medical perspective it is important to note this is the checks and balances in these studies that people don't get sick. thank you. jillian: brain kilmeade with what is coming up on "fox and friends". good morning, how are you? brian: we will talk about what is coming through the morning and afternoon in the next few days. senate judiciary committee gearing up for day 2 of judge amy coney barrett's confirmation hearing, they talked around her, not to her, two republican senators, john kennedy and turner phrase like no one else and marsha blackburn on what

they expect today. also on deck, senators tom cotton and newt gingrich on the most important election since 1860. democrats coming to the offensive the affordable care act, that this would nomination would be the end of obamacare. is that fair? dr. nicole saphier on lockdown, the world health organization saying they don't work. turning to the election, joe biden finally giving and how he feels about democrats and doesn't like columbus day anymore. biden trying to appeal to workers in america's heartland by yelling at them. 's message, will it resonate? charles payne will be here. always has opinions, always a good one. hmm!.. hmm!.. hmm!.. (woman on porch vo) can we vote by mail here? (grandma vo) you'll be safe, right? (daughter vo) yes! (four girls vo) the polls! voted!

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>> majority of americans want whoever wins the election to fill this seat in my republican colleagues know that. yes, they are deliberately defying the will of the people in their attempt to rollback the rights and protections provided under the affordable care act. jillian: senator kamala harris calling her colleagues at amy coney barrett's supreme court confirmation hearing. heather: the vice presidential nominee claiming russia republicans are rushing the process. donald trump's attorney rudy giuliani joins us on screen. what are you expecting? >> i guess today we get into difficult questions by the democrats was they have legitimate questions. they have a right to probe. they won't get an answer about the affordable care act. she will say i am sure her

comments, various things she did as a professor have no bearing on what she would do as a judge, those are academic observations. you have heard that before from ginsburg and elana kagan. the judge did not make up their minds. then we get to row and the extensions on it. it is very frustrating. they will go over prior writings about catholicism and how she feels about it. they hope they get into a religious test of office. and when she was up last time. so far they tried to avoid that. what happens? jillian: let's talk about the president on the campaign trail in florida, joe biden was making

a stop in ohio, a couple things to note, doctor conley said the president tested negative for the coronavirus on consecutive days which is what people were concerned about. the other thing is anthony fauci said the president was asking for trouble by holding rallies. they say people in the background not wearing masks. >> i have respect for anthony fauci. he told us she shook hands again. one discipline takes it to the in degree, people know the risk they are taking. most of those people in the no risk zone meaning anywhere from birth to 60, very few, in

elderly people down dramatically. anthony fauci made delia with a margin days and not deal with the october disease. serious but not the kind of fatal numbers we had back then. people have more room to live their life, getting the immunity, more choices now plus treatment that didn't exist back then, the treatment the president took didn't exist when anthony fauci said he couldn't shake hands. working on government time. knowing in 30 years, these medicines would be out there by the end of this summer. jillian: one thing is for sure, the president's supporters have a lot of enthusiasm.

>> i was in philadelphia, columbus statute covered in a box, looks like it is being shipped to be thrown in the see. i was supposed to have a group of 20 people at a surprise event, at an office where there were 500 people. we ended up with 200 people. just came out of nowhere. todd: we will get more into the italian stuff after the break. more rudy after this. smart xl grill. just pick your protein, select your doneness, and let the grill monitor your food. it also turns into an air fryer. bring outdoor grilling flavors indoors with the grill that grills for you.

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todd: and we are back with rudy giuliani. before the break we were discussing what i call the italian stuff basically your columbus day trip to philadelphia. rudy, there is a serious question in there. when i was growing up, under the impression that most democrats -- excuse me most italians voted democrat. it seemed like that was the way things were going for a very long time. is that changing? >> dramatically. sure. my family is an example. my mother was a republican. and my father was a democrat. and they loved politics. that's how i got interested in it. they debated it all the time. eventually around the time of mcgovern and oh, going into ronald reagan, my father turned. answered turned because he felt the party had left him. he was a anti-communist

pro-social program democrat. in other words, hard foreign policy, much more liberal social policy. but he found that the democrats had gone so far to accommodating the soviet union he couldn't take it anymore. he became a big fan of ronald reagan and that sort of ended it. i think italian americans are pretty mixed. they may be slightly more republicans now. they are still in registration still a lot of them registered democrat. but those areas that we think we can turn. they were part of the reagan vote. they were part of the trump vote. not much different than irish catholics and polish catholics. they began as democrats maybe 55, 60% now republican the. the kind of attack they have on the church is very, very damaging because, look, you get at least two kinds of catholics. very strict, go to church all the time. go to church on easter, christmas. and funerals. todd: right. >> sometimes those catholics get

angrier. the ones that are a little separated get angrier if church is attacked. i can criticize my family but you better not criticize my family. threading on very dangerous ground. >> jillian: we want to get your opinion on this. pull up headline. this is from axios. buzz grows around cuomo, of course talking about andrew cuomo as biden's attorney general pick. what do you think about this report that is swirling right now? >> well, i mean, i have differences with andrew over the way a lot of things were handled. i basically have differences with him because he has changed his tune on the president. he was his biggest supporter until somebody from the democratic party called him up and said you are going to reelect him if you keep saying what a good job he had. i'm sure of that up until the end of march what a great response by the president. he gave me 1,000 beds. all of a sudden the president is killing people. all right. that's politics.

andrew is a very fine lawyer. if we're talking about attorney general. he a logical pick for a democrat. i don't know that he would want to leave being governor. but there are a lot of other democrats who would want to be attorney general. from my point of view, he wouldn't be one of the left wing crazy attorney generals that would like to let everybody out of prison, i hope. todd: interesting. but what would a justice department led by andrew cuomo look like for our country? >> well, there certainly wouldn't be the crackdown on crime. you look at new york. he hasn't cracked down on crime in new york. he could have intervened. crime is going up by record rates in the city of new york. the percentages. the monthly percentages never happened before. when crime went up before, at least it took two or three years going go up. now it's going up 40%, 50% a month. in philadelphia three times as bad. going up all over the country. nobody is taking charge of it.

accepted program for how to handle it that worked for 20 years. and because they are driven by black lives matter antifa, and their agenda on crime, no bail, which means criminals come right out on the street. every once in a while we have a big release of about 200, 300 prisoners, 400, 500. very light sentencing. and very little enforcement. the da in st. louis turns down 60% of the cases. the da in philadelphia turns down 40% of the cases. both of them put there by george soros by the way another interesting story. why did soros elect all these das in 24 dinner places and all of them don't enforce the law? todd: mr. giuliani i do want to get you on one more thing before we go. how do we solve the yankees? unfortunately only have 30 seconds left in the show before we need to give it up to "fox & friends." mr. giuliani, thank you for being here. >> thank you, great show. do you a great show.

>> jillian: thank you, we appreciate it. continued coverage of today's supreme court hearing that starts on "fox & friends." they are going to recap day one of the hearings and then, of course, look ahead to what day two could potentially bring. todd: don't go anywhere. big day on the channel starts right now. ♪ >> i believe americans of all background deserve an independent supreme court that interprets our constitution and laws as they are written. >> if judge barrett is confirmed. americans stand to lose the benefits that the aca provides. >> it was a curious scene. not used to having all these blowed up pictures that portrayed her like some type of serial killer these people going to lose all of their healthcare. [chanting u.s.a.] >> and if i don't always play by the rules with washington establishment, it's because i was elected to fight for you and i fight harder than anybody has ever fought for you. >> the president feeling very