[crowd chanting] >> a police officer runover as riots break out in philadelphia after mom to black man shot and killed by police. >> philadelphia police say 10 people have been arrested and 12 officers heard. shannon: jackie ibanez as the overnight developments. >> protests over the officer involved shooting started peaceful but tends. [crowd chanting]

shannon: residents marching through the streets demanding police reform and gathering outside the local precinct. violence erupting throughout the night as protesters looting, throwing bricks and rocks at officers, sitting a cruiser on fire and running a cop over. >> reporter: hit a car - he hit a cop! he hit a cop! shannon: a black pickup truck plowing through an intersection, the injured officer was taken to the hospital and is in stable condition with a broken leg, the driver of that car was reportedly arrested. the unrest starting when police responded to a call about a man with a knife.

the man later identified as 27-year-old walter wallace junior reportedly approached two offices with the weapon as they ordered him to drop it. the woman believed to be wallace's mother baking office is not to shoot. wallace made a second approach, the officers fired several shots. one of the officers drags wallace to the hospital where he later died. tensions growing. the police chief tried to calm the crowd. >> i'm here to listen. i don't have answers for what happened today. shannon: both officers involved have been taken off duty for the investigation. the district attorney, they suspended the officer saying they are being vilified for doing their job. todd: jackie ibanez, thanks. jillian: we are one week from election say donald trump campaigning in 3 states after rallying pennsylvania voters. todd: joe biden defending his schedule a surprise appearance on the trail, griff jenkins live in georgia where the former vp

is headed today. >> reporter: we are in warm springs outside fdr's little white house where he sought refuge for polio. biden will come here and make a stop in atlanta. the reason he's coming to georgia so late, they believe they can flip the state. . the most recent polls, the atlanta journal-constitution, cbs putting a virtual tie. the last time a democrat came in number one in georgia was bill clinton. a lot of time democratic candidate campaigned in georgia the final week november 1st, 1992, now biden sensing an opportunity had this to say. >> i'm going to wisconsin, georgia, florida and other places as well. there's a lot we've been doing. >> reporter: donald trump barnstorming the country, doing

3 rallies in michigan, wisconsin and nebraska, to are going to arizona. biden will fly thursday to florida as donald trump hammered biden across pennsylvania over transitioning away from the oil and gas industry. >> joe biden confirmed his plan to abolish the entire us oil industry, no fracking, no jobs, no energy for pennsylvania families. we are in the energy independent that you are big part of it and they want to end that. no more oil, joe, he will eradicate your energy and send pennsylvania into a crippling depression. >> meanwhile biden making a surprise appearance in chester, pennsylvania walking back is fracking position, listen. >> i'm not shutting down oilfields, not eliminating fracking. i'm investing in clean energy. we are going to make sure we don't continue to subsidize the oil companies.

>> is georgia a battleground state? by all appearances it seems like it is, donald trump in 2016 won georgia's 16 electoral votes by 5 points, looks like it is game on here. >> griff jenkins live in warm springs, georgia. jillian: with one week to go, senior advisor to george w. bush karl rove laid out possible path to victory for donald trump. >> great pennsylvania, michigan, wisconsin. of the president wins every one of the states he won in 2016 and carries pennsylvania he has 280 electoral votes, ten more than needed. if he carries wisconsin, only wisconsin he has 270. if he carries michigan out of those 3 states and loses pennsylvania, wisconsin he has 276 oh these are the path to victory in these states.

>> real clear politics polling shows donald trump and joe biden close in 6 swing states, donald trump has 45.4%, joe biden has 49.5%. todd: history in the making. amy coney barrett becoming a supreme court justice today. judge bear taking the first two votes during a ceremony at the white house last night. >> i love the constitution and the democratic republican that it establishes and i will devote myself to preserving it. >> details of this historic event. >> the senate officially confirming amy coney barrett as the 100 fifteenth justice on the supreme court. justice clarence thomas administering her constitutional of during a ceremony at the white house. >> i, amy coney barrett do solemnly swear. >> that i will support and defend the constitution of the united states. >> that i will support and defend the constitution of the

united states. >> reporter: her confirmation secure the 6-3 conservative majority on the nation's highest court, but during the white house speech judge barrett stressed the importance of remaining politically impartial. >> it is the job of a judge to resist her policy preferences. it would be a dereliction of duty for her to give in to them. federal judges don't stand for election. thus they have no basis for claiming their preferences reflect those of the people. >> monday's vote in the speeding confirmation process that listed less than 40 days as donald trump pushed for the confirmation take place before the election. >> justice barrett made clear this will be based on a faithful reading of the law and the constitution as written, not

legislate from the bench. >> her confirmation not without controversy. of 45 senate democrats voted against it as demonstrators gathered in protest. joe biden speaking out calling barrett at confirmation rushed and unprecedented in a stark reminder to every american that your vote matters. judge barrett will start her new role after chief justice john roberts administers her judicial oath later today. todd: lindsey graham praising amy coney barrett at confirmation as a win for all conservative women. >> all those conservative women who go through hell for being conservative, who get beat up by the mainstream media for embracing their faith, being

pro-life, being traditional in your family structure you are a winner tonight. there's a seat at the table for you. this is not a glass ceiling being broken but a concrete barrier being broken. amy coney barrett represents every aspiration of the young conservative woman, she's going to do awesome. i cannot wait for her to be on the supreme court. >> she justice roberts will administer the judicial oath today in a private ceremony at the supreme court. >> hillary clinton slamming the gop after barrett's confirmation for clinton tweeting, quote, the republicans just pushed through a supreme court justice who will help them take away americans healthcare in the middle of a pandemic. for them this is victory. vote them out. congresswoman alexandria ocasio cortez and ilhan omar are calling for more seats to be added, both of them simply tweeting expand the court. >> extreme weather. after making landfall overnight.

category one storm pounding resort towns on the yucatán peninsula with winds up to 80 miles per hour. let's go live to part of the gulf coast under hurricane watch as is a that is expected to hit louisiana tomorrow. >> stock futures are looking up this morning as wall street looks to rebound from monday's selloff, the dow plunged 650 points, the biggest single they drop the beginning of september. the nasdaq and s&p 500 both posting the worst days since september as well. it comes as negotiations are stalled in washington on the next covid-19 relief package and a surge of coronavirus cases. we will have more on the state of the economy in the next hour. >> 10 minutes after the hour joe biden grill over his flip-flop on fracking and saying he wants to transition away from oil. >> our next guest built a booming oilfield business and says a biden administration would devastate the community, she joins us live next.

>> don't i put in the energy industry on its head announcing he will transition away from oil but days later he's backpedaling and leaving workers in limbo over whether their jobs will be secure. >> founder and endorses, overwhelming sense of confidence and strong desire to grow your career. shannon: let's take a listen to what joe biden had to say and a little bit of backtracking here. listen to this. >> i will transition, we have to replace by renewable energy. >> i'm not shutting down oilfields. i'm not eliminating fracking. i'm investing in clean energy and we are going to make sure we

don't continue to subsidize the oil companies. >> when you hear him say that what does that mean to you? what does that mean for your industry, what does that mean to the town to thrive on these businesses? >> the fact that he plans on phasing out oil and gas and focusing on solar or wind sounds absolutely devastating and i have not heard biden explain how he is going to create jobs in ohio or pennsylvania to replace the ones he will be eliminating when he bands fracking or shutdown the oil and gas industry. >> in addition to the industry itself what does this do to the vendors that support these industries and not just vendors

like you but folk to supply food to these community use, the lawyers, doctors, bankers in these communities? >> it affects everybody, it affects local cashiers, waitresses, hotel clerks, absolutely devastating. the 10 years i've been here in ohio and pennsylvania, the growth and explosion and overall positivity i see in local communities is amazing and sent chills down my spine that biden could potentially disrupt all that. shannon: let's talk about trump rallies we've seen all over the country, three and pennsylvania yesterday. i know you've seen from firsthand. you've been part of organizing some. what do you see in that enthusiasm? >> it was amazing. we had a rally last saturday from one store to the other from ohio through west virginia to pennsylvania and the best part of the event was when we played the national anthem in the parade started. it was amazing to see the american flag waving, horn

honking, cheering from the passengers, we did it, we gave all these people a chance to come together and show their support for trump's reelection. todd: interesting to see how that counteracts was we are seeing in the polls, differently a battle between voter enthusiasm and rallies like you put on it like we've seen so far and those polls. we will find out soon after election day. thanks so much. time, 17 after the hour. amy coney barrett sworn in to the supreme court as joe biden raises the idea of rotating justices. >> there is some literature about the possibility of going from one course to another court, not just always the supreme court. jillian: attorney john chooses that idea has been around since the 80s it is just as bad now,

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[ muffled scream ] stop living with at&t. xfinity can deliver gig to the most homes. >> amy coney barrett will take her judicial oath of office allowing her to begin work as the supreme court associate justice. >> the final step follows a whirlwind confirmation process for the president's third appointee to the high court. >> joining us to erect react, attorney john peter, don't want to spend much time on the first question but walk us through what happens next. >> thanks for having me. what happens now is later today chief justice roberts will administer the second dose, what

is known as the judicial oath, the first vote monday night that justice thomas gave was the constitutional oath so the judicial oath judge barrett will swear to dispense equal justice without regard to person and to do, quote, you call right without regard to rich or poor and once she takes the judicial oath she will be allowed to go at intake her seat and occupy her chambers at the supreme court and begin work. there is one more ceremony which has yet to be announced and that is the formal investiture ceremony where all members of the supreme court will be there and she will be formerly invested as a member of the high court. >> let's look at a few things, the first is the senate voting to confirm barrett, the simple majority, 52 yeses, 48 nos. let's listen to what chuck schumer had to say on the confirmation. >> amy coney barrett, the next associate justice of the supreme court but you will never, never

get your credibility back. history will record that by brute political force, this republican majority confirmed a lifetime appointment on the eve of an election. >> with your reaction to that? >> senator schumer is wrong on his history in the sense that other supreme court justices have been confirmed very quickly, justice burn was nominated and confirmed on the same day, justice stanton was nominated and confirmed within a few days so the idea that this was unusual is not correct. furthermore i hesitate to call what the republicans did brute force. what they really did was follow the letter of the constitution. after justice ginsburg unfortunately passed away the

president, whether anybody, democrat, republican, whatever the president has the power to nominate and it is up to the senate to decide whether they advise and consent and if they do consent they vote like they do now. justice ginsburg said herself there's no time limit, the resident is president for four years, not three years in the senate can go ahead and exercise its powers as it sees fit. >> in response joe biden reached deep into the playbook raising the idea of rotating supreme court justices. take a listen. >> some literature among constitutional scholars about the possibility of going from one court to another court, not just always the supreme court, just a group of serious constitutional scholars with a number of ideas how to proceed from this time on. >> reporter: in 30 seconds, how would that work? >> it would require a constitutional amendment which

is a long and difficult process, the constitution gives judges a lifetime appointment, the idea of rotating justice with term limits is not possible without a constitutional amendment. jillian: more to follow. appreciate your time. fox news alert, following two stories, chaos in philadelphia after deadly police shooting. hurricane the data heading for the us as it lashes mexico. live update on both stories and minutes. todd: donald trump won with terry veterans in 2016. in the survey says the majority will vote for him again this year. army veterans on why the military is standing behind the commander in chief next. lly pai, straining, and bloating, again and again. no way. more exercise. more water. and more fiber is the only way to manage it. is it? maybe you think... it's occasional constipation.

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shannon: hit a cop! he had a cop! >> back with the fox news alert. a police officer is runover as rights break out in philadelphia after an armed man is shot and killed by police. >> 20 people have been arrested and we just confirmed minutes ago that 30 officers have been injured including female sergeant hit by a truck. she is in stable condition with a broken leg. >> reporter: protesters looting, throwing bricks and rocks and setting a police cruiser on fire. >> this began when police officers responded to a domestic disturbance call. walter wallace junior approach two offices with a knife and ignored orders to drop before shots were fired. >> bath officers involved been taken off duty for the investigation. joining me to react, doctor porcher, we are having this conversation again. a lot happening in the city of philadelphia, people just waking up.

you read details, saw the video you have on the air a second ago. what do you make of the situation so far? >> this is troubling and problematic. we need to refer to the teacherable moments, the aftermath of george floyd passed away. we had riots that plagued the country in new york, seattle, portland and chicago and it was to no avail. it amounted to property damage and socioeconomic impoverishment in these areas. look at what happened in philadelphia, it is not taking us to a plausible solution. it is separating us and bring us to a worse place. jillian: how are officers trained to respond if someone is coming at them with a knife? >> traditionally what you want to do, not neutralize the threat as quickly and safely as possible. mini's beak to the introduction

of a taser into this equation but when you look at the video in this particular mentality the officers didn't have much time or space to act. this was what they felt was the most mechanism to use to neutralize the situation. when we go back to the training perspective, using the lowest level of force possible. when we look at this interaction or engagement, it was the best course of action to keep the officer safe. jillian: i've been in contact with the philadelphia police department all night long, 30 officers have been injured as we've been reporting. we know a female officer was hit by a truck in one of the streets in west philadelphia. as an officer how are you approaching your job today in philadelphia?

>> it is a tough situation for an officer not just in philadelphia but major cities throughout the country in the wake of violence from urban nations. and officer in philadelphia basically has to keep their head on a swivel and the goal is not just to keep the officer safe but the population they serve as a whole. police officers are the first line of defense for society and as a result, difference to what police officers to ensure the safety of that population it is a very troubling narrative that is occurring in philadelphia but i'm confident the police department will subsequently maintain a level of order because order is necessary to keep that society afloat living forward. >> not just philadelphia because we did see over the summer it seemed the riots went from city to city and a lot of people waking up this morning in that

city and beyond wondering how this is going to play out. thank you for your insight, we appreciate it. >> new polling reveals the majority of veterans plan to back donald trump at the polls next week but the result a little more divided compared to his decisive win with that group in 2016. us army veteran castlebarry and turning point usa contributor graham allen. thank you to both of you and most importantly thank you for your service. let's go to the poll, an online poll showing veterans preferred donald trump in 2020, 52% to joe biden, 42%. what do you make of this? >> it is significant to note, for vice president biden, the percentage will be a lot smaller, veterans tend to be more conservative but you are seeing a growing number of veterans flocking to buy for

many reasons, one, vice president biden is a military family member, has two sons that are veterans as well as a growing number of conservative veterans flocking to joe biden because they were attracted to his centrist platform. when you look at older veterans they tend to see donald trump, the facts they lean to conservatism, they take immigration policy and supreme court appointments very serious. with the younger that's their issues are more important in terms of healthcare as well as addressing racial inequality. it is based on policies as well. >> i should mention something interesting, joe biden's family military history, focusing on his late son bo. how significant is that in closing the gap from 2016 when hillary clinton did not have a close family member like a son in the military.

>> that is a personal question for individual military servicemembers. for me individually it wouldn't have played much of a role. because you have family members and the military doesn't mean you're going to make a good leader per se for the military. i will say this. i wouldn't get too caught up on this particular poll. i think the polls are far more in favor of donald trump than they are joe biden. the military right now is the highest morale it has been. i send after president bush and president obama, the military today is more taken care of than ever before. the court donald trump is that with the va, pay bonuses, etc. etc.. the military is excited about donald trump and i think it's going to show up a lot bigger than what this particular poll shows.

>> if we could put up that full screen that shows the various accomplishments of the trump administration, not going to go through it but va employment, full g.i. bill, work on veteran suicide which is an increasingly important issue and caregivers on the mission act. 15 seconds, should that record you see right there lead people when they go to the polls to vote for donald trump, or do you want to see more? >> i want to see more. we need to continue to build up addressing the veteran suicide issue as well as how covid-19 is disproportionately impacting veterans. we have a lot to do. for the most part we need to build on making sure veterans are taken care of. >> thank you for your time, can't emphasize this enough,

thank you for your service. >> charred pieces of mail discovered in boston for the second time in days, police removing the box after a postal worker found the damaged mail just one block from where ballot dropbox was burned over the weekend, the suspect charged with setting that 5 a without bail, police don't believe it is politically motivated and didn't say if the fires are connected. federal prosecutors considering terrorism charges for 6 of the men accused of plotting to kidnap michigan's governor after bombmaking material was discovered. prosecutors say the suspect talked about blowing up a bridge near governor gretchen witmer's home was the feds are asking the court for more time to update their case. a total of 14 men are charged in connection to the foiled plot. >> hurricane sata making landfall overnight.

>> the category one storm pounding resort towns in the yucatán peninsula with winds up to 80 miles per hour, parts of the gulf coast now under hurricane watch. janice dean joins us live. where is it now? >> good morning. just about to get into the gulf of mexico. we expected to we can because it is across land and lost its fuel which is the warm water but we expected to strengthen again and make landfall tomorrow afternoon, wednesday afternoon into wednesday evening over the storm ravaged state of louisiana, the fifth storm that has gone through this area and that is what is so devastating about this so more storm surge, more heavy rain, tropical storm force winds for duration of time, hurricane watches and warnings in effect including the new orleans area so this is going to be more of a central eastern louisiana event as opposed to a central western louisiana event but still this

whole state has been ravaged by so many storms this season and that is why this is so tragic. we will watch the continued forward speed of this storm and we do expect a landfall wednesday afternoon, wednesday evening, heavy rainfall is a big issue and on the backside of this we have a winter storm happening across texas and oklahoma with ice storm warnings in effect. all of this is going to be influential on the path of this system and we will continue to monitor it. i cannot believe were talking about another storm moving into louisiana. back to you. >> the end of this week beginning next week november, 30 days left in hurricane season. expected to peter out toward the end. >> promoting clean politics. ohio having fun with the presidential election.

laser wash getting its own results. todd: customers choose the left lane for joe biden or the right lane for donald trump. we will send a reporter out. 40 minutes after the are, health experts suggest a national mask mandate as we head into winter. jillian: is it necessary? dr. janette nesheiwat has that next.

>> shocking new numbers in the fight against covid-19. as hospitalization spike the number of deaths is going down. todd: here's dr. janette nesheiwat, good to see you. let's look at the hospitalization increase over the past 7 days. it is, 13.71%. my initial reaction, i am

wondering is this the second wave or a continuation of the first? >> as a doctor on the front lines it feels like another wave because there was a period i wasn't seeing a lot of cases but the past few days i diagnosed several cases in patients i haven't seen previously. the spike in numbers, extraordinarily high and it is of concern to me. when we have the cold winter, travel, people going back to work and back to school, increased testing and some people who are noncompliant, that leads to increase in the number of cases. when you have such a large number of cases you have increased hospitalizations. for some people that could lead to death if you have underlying comorbidities. in wisconsin and utah and new mexico they are reaching hospital capacity and talking about rationing care.

this could overwhelm the hospitals, cause the hospital systems to crash and that is concerning especially with the confluence of influenza like strip pneumonia and not just coronavirus, we have to look at the big picture. jillian: tell me what you think of this, you see the spikes and the charts, from april, may until now makes it seem like now is so much worse but we are doing more testing, looking at the daily death average, 70% drop in deaths from april as you can see. one death is too many and that is obvious, i feel like we have to say that but is it because we are doing more testing that we are seeing all these increases in numbers? is it because we have the therapeutics out there why the death rate is down? what is your synopsis of the situation compared to april? >> i definitely think more testing plays a huge role, 3

million tests a day. i'm able to test 100% of my patients to come in to see me. 6 months ago i could barely test 5, 10% of them. that plays a role and i think the mortality rate is decreased because we've learned so much and come such a long way with therapeutics, the antivirals, convalescent plasma, the antibodies, steroids and other types of medication, no nuts to put a patient on a ventilator soon as they are to the hospital. we learned so much in this is contributed to the lower death rate which is fantastic but we have to be careful not to overwhelm the hospital system. we have over 40,000 americans hospitalized for coronavirus and

in 2018-19 we have over 400,000 patients hospitalized for influenza alone, you at those two together and it could potentially be a recipe for disaster if we don't remain vigilant with our cdc recommendations to protect ourselves, where your mass, social distancing. >> speaking of masks, doctor scott gottlieb says the us should consider in national mask mandate for this winter. the you agree? >> if we look at the data, just recently a couple days ago published in nature medicine it showed we could potentially save 100,000 lives by february. the past year. being around covid-19 patients every day because i wore a mask. i wouldn't step foot in a patient room without a mask because i know they work, they can save lives. it's easy to use. especially in areas where we see surges and spikes where the positivity rate is extremely high, 25% that needs to be a consideration especially when we

have the vulnerable people we need to look out for during the cold winter months we are approaching. jillian: we appreciate your insight, you're working hard every day, thank you. >> in case you hadn't heard, one week until election day republicans need to pick up 18 seats to win the house. >> we expect the red wave, blue tsunami on tuesday, we break down the key races next.

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jillian: welcome back. election day is one week from today. we are looking at the key races that could determine who takes control of the house. we break down the top in congress.

thank you for being here. good to see you. the balance of the house 17 seats needed to flip the majority. we will focus on congressional democratic district starting in california with the 21st district and this is a genuine tossup. why? >> all the seats we talk about the republican side lost in 2018, california this see, my josé, not my home district but my home state is a tossup because the seat is so close, it was so closely fought in 2018, lost by the same candidate who is now challenging incumbent fox. republicans seat was lost, we have no credible recent polling that shows us anything about the race, too close to call. a lot of money has been spent there. >> in iowa, democrats did flip the seat in 2018. as you look at it right now do you think it will stay that way?

>> i do think it stays blue. we have a lot of recent goldplated polling absolute credible that shows the democratic incumbent with 8-12 point advantage. >> minnesota is close, 52.one%, 47.8%, how does this play out? >> this when i think leans republican. an interesting seat. trump carried that seat by 31 points in 2016 at the democratic incumbent, 15 term democratic incumbent has been week against relatively weak gop candidates. in the cycle, a former lieutenant governor, very credible candidate, there's no reason credible polling that shows, give us any indication on -- all the factors in this race suggest it may go republican. >> let's go to the second district in new mexico, this was

close in 2018, close in 2018, proving to remain close right now. what is happening here? >> another rematch. taurus small won this race and is being challenged by the person who ran against her last time. the race was won by less than two points, very close polling which is credible shows the race within a point, too close to call but interesting signaling by the democratic incumbent, vote for person, not the party, going around new mexico, the things indicate a problem in the race. there is every chance to slide into the republican camp. >> oklahoma 5 the one donald trump carried, this flipped in 2018, this also is very close at this point. how does it play out? >> too close to call with the polling. it was won by a small margin,

you would think it is an opportunity for gop pickup. mainly because the republican challenger exited a tough primary in late august. if you look at the polling, this is interesting. if you pick a candidate you particularly like i will show you a poll -- >> let's go to the final one in utah for a friend of the show, burgess oh wins in the running. is burgess able to walk away with it? >> this one is too close to call, it was run by a democratic opponent in 2018, looks like a very potential pickup for a republican challenger, credit

polling shows within one%, too close to call. jillian: all too close to call at this point. that is what makes it exciting. we appreciate your time. todd: 30 officers heard in philadelphia as riots erupt, nypd detective doctor oscar odom joins us live. iowa farmer sets the record straight after his pictures used on a democrat flyer. the democrat is not one that he supports. the misleading mail i went "fox and friends first" on tuesday morning rolls along. if you have medicare, listen up.

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>> hit a cop! oh my god, he hit a copper. >> a car plows into a police officer and dozens of others are injured. riots erupting in philadelphia over the deadly pellucid in of a black man armed with a knife. the mass disruption and violence. >> in washington a historic moment. amy coney barrett sworn in. >> the oath that