todd: security concerns around democrats impeachment vote, the resolution taking shape even without members of their own party. >> this is so ill-advised for joe biden to be coming in trying to heal the country, to be the president of all the people, so divided and fighting again. >> impeachment could hit the floor tomorrow. >> comes in tied at the conference. >> the comes in tied steamrolling ohio state to take home the national championship. "fox and friends first" continues right now. ♪ sometimes i get a good feeling ♪ i get a feeling i never had ♪ no no no ♪ on ♪ >> this is from renowned artist flow ryan, the championship game took place in miami, florida.

i got you, wish i could guess what the producers trying to do. i hope i was right. all of alabama on call. jillian: if you -- i said this in the last hour. if you are waking up a player from ohio state, a coach from ohio state, that is a rough score to lose by. i feel bad for them. 52-24, that is just terrible. >> next time, been nicer. you are watching "fox and friends first" on tuesday morning. jillian: thanks for starting the day with us, new security concerns around the impeachment of donald trump. todd: the president take some responsibility for the violence at the capital. >> reporter: the president taking some of the blame for the capital right according to

minority leader kevin mccarthy who says the president made the acknowledgment in a conversation with him was mccarthy relating that his fellow house republicans on a conference call yesterday according to two sources familiar with that, as the house is set to move forward on a single article of impeachment, incitement of insurrection. house democrats issuing a statement after introducing the article saying everyone involved in this assault must be held accountable beginning with the man most responsible for it, donald trump. we cannot begin to heal the soul of this country without first delivering swift justice to all its enemies, foreign and domestic. speaker pelosi appears confident she has the vote in the house but some democrats in the senate are warning against the move. >> 48 democrats, until we see warnock and senator ossoff. until that happens we need 67 votes, that means 19 republicans.

i don't see that. we have been trying to send that message over. >> house republicans have little power to stop the impeachment, calling on president-elect biden to get involved. >> this president-elect could gain a lot of goodwill among republicans and democrats, americans generally if you told everybody slow down, this president is not an imminent threat to this country at this point, let's get through the inauguration and look back and make some decisions. todd: fox news learns their security concerns lawmakers on both sides of the aisle ahead of impeachment good because measures like fencing and national guard deployment are not fully in place yet. we could hear from donald trump today because he is headed to the texas border where he is expected to tell the completion

of some 450 miles of border wall. >> it will be fascinating to hear if he speaks at the wall today. i can't wait to hear what he says. thanks. >> kimberly says democrats impeachment push has one big problem, time. >> not just there is in the will for this in the senate, you don't have the number of people you need to convict but you don't have the time. the house is going to bring this up on wednesday, even if they did it all in a day that would leave 6 days for the senate to get through an entire impeachment process and that would just deprive the presence of one day in office, this is most hurting joe biden. we don't have any a national security staff nominees confirmed yet, that is unprecedented in the senate simply doesn't have time to do both of these. it would be better if the

president-elect came out and told his party to stand down. >> while impeachment plays out, chad will becomes the latest trump administration official to resign. will previously plan to stay in his post until joe biden's inauguration, wolf said recent events including the ongoing legal battle over the validity of his authority as acting secretary as reasons for stepping down. >> two suspect in the capital right accused of walking away with nancy pelosi's lectern is out of jail. adam johnson released on 25,$000 bond in tampa. the qandon shaman facing charges after his court appearance, he will remain in custody until his detention hearing, the air force veteran seen holding zip ties is being held, he found the ties and planned to give them to police. parlor is suing amazon for suspending it service.censor americans. parlor's ceo ways in.

>> reporter: parlor ceo john mates vowing to take on the tech giant even as he says he fears for his life this morning. >> a lot of people participating in the 5 minutes of hate and egging it on, people threatening my life, i can't go home tonight. jillian: amazon, google and apple removed parlor from their apps store due to failure to moderate egregious content posted by users. >> they did it on the same day without prior warning and after setting that example we get an email after email. >> the company is filing suit against amazon web services for getting kicked off its cloud servers was the complaint claims amazon's move was apparently motivated by simple animus and designed to reduce competition in the microblogging services market to the benefit of twitter is it comes days after donald trump was banned from twitter and other social media platforms

indefinitely. elon musk tweeting a lot of people are going to be superunhappy with west coast high tech as the they facto arbiter of free >> are mentioned to angela merkel saying the right to freedom of opinion is fundamental importance but that isn't stopping big tech overnight, twitter announced it purged 70,000 accounts associated with qandon content and facebook suitable scrub the phrase stop the steel from its platform. even secretary of state mike pompeo facing conflict after reporters at the government broadcaster voice of america started to broadcast his speech. >> this is an dangerous, not who we are as americans. time to put wokeisemma to sleep. >> another alternative social network is growing in the wake of parlor's shutdown. the ceo of gab services platform gained 600,000 new users. >> i had not heard of gab, and

there you go. thanks. >> two congresswomen test positive after taking shoulder with other lawmakers during the capitol hill rights, democrats bombing watson, blaming colleagues who weren't wearing masks. slamming republicans demanding they be fined and removed from the floor saying a statement overnight, quote, anyone who refuses to wear a mask should be held accountable for endangering our lives because of their selfish idiocy. >> california's disneyland resort, orange county's first massive covid-19 vaccinations site, thousands of people will get vaccinated every day. californians have to register for their vaccination is walk ins are not allowed, disneyland has been closed since march. mega millions in powerball jackpots combined $1.1 billion,

hasn't been a winner for since september. mega millions climbing to 615 million while the powerball prize topping 515 million, that drawing is on saturday. you know how i am an employee here at fox news i'm also an employee at home where my wife gives me assignments. my test today pick up powerball and mega millions. jillian: get from for the team. todd: i work for you, everybody. jillian: wall street pulls back from all-time highs with impeachment swirling in the house. financial expert mitch rochelle on where the market is headed next. todd: an old matchup, tom brady's hilarious post as he andrew breeze gear up to face off on the field. ♪ wanna lose weight and be healthier?

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heather: the stock market pulling back slightly from recognize, democrats induce articles of impeachment against the president. >> the founding powder -- founder mitch result joins us this morning. let's go ahead and pull up the other post from yesterday you will see those numbers on your screen. are you expecting this to be a roller coaster ride in the next you weeks while we see what happens with impeachment? >> it is a roller coaster ride but it won't be as scary as some but i've been on in my life. the market doesn't like uncertainty. impeachment is another round of uncertainty. government dysfunction that could stem from impeachment is uncertainty. everything going on with big tech flexing their muscles is another spate of uncertainty so roller coaster rides are driven by certainty and that is what we have. todd: i think free money trumps

all of those other factors. of interest rates are this low and there is stimulus markets love that way more than the other stuff. twitter shares sinking after donald trump's account was deleted. let's look at this. twitter dropping 6.41%. that is a big nugget. facebook and google falling percentage super wise not as much. let's focus on twitter. is this just a blip or did twitter cause irreparable harm to itself? >> i don't know about irreparable but let's remember the business model of twitter. the president had 80 million followers, some like him, some loved him, some hated him and followed him for that reason but there following and clicking and that clicking leads to revenue because that tells twitter something about those folks and they can target ads toward them. when you take away somebody who

has 80 million followers and take away all those clicks it hurts your revenue model and that is why the stock sold off. jillian: how far does big tech take this until they do do irreparable damage and irreparable harm? >> the markets and the signal. you didn't see a huge selloff in apple, amazon, google, you saw a larger so often twitter. but the market saying if you start poking the bear you can find yourself with regulation and two things are on the table. one, are these the companies monopolies and the other is section 230 that has been debated a bunch over the past year or so. those companies if they start poking the bear may find themselves back in the halls of congress were both sides of the aisle want to ask tough questions which could lead to regulations which the market doesn't like. todd: and legal hat for section 230, could shareholders have a

claim against twitter for what i would call willful, harmful business judgment? >> i'm not a lawyer, i just play one on tv but the question is what damages do they have. right now they have some because the stock market sends a message. if they do have damages, the council will bring illegal action. it is inevitable. it is going to be wait and see. the question is are there damages. todd: poke the bear like you said, bad things flow. we appreciate it as always. jillian: still had police and the national guard mobilized as the fbi warns of armed protests around inauguration day. todd: it shows how unsatisfied people are with government right now. intel officer joins us live next.

security measures already underway for president-elect joe biden's inauguration next week. >> the theme of america united despite deep divisions within our country. >> the department of homeland security is already ramping up security measures for the inauguration a week early as president-elect joe biden's team announced the theme of the inauguration will be america united despite these divisions in the country. hours before stepping down from his position acting dhs secretary chad wolf said the secret service will begin implementing security measures tomorrow instead of january 19th due to the evolving security landscaping this is warranted in light of recent eventss.

a federal law enforcement source told fox news an internal fbi memo is warning of plans for armed protests in all 50 states capital cities ahead of the inauguration was the memo warning the protests could be staged before, on or after inauguration day. with just a week left until donald trump leaves office the biden teams is the inauguration marks a new chapter for the american people, one of healing, unifying and coming together. former presidents obama, bush and clinton will join biden at the inauguration but donald trump says he will not be going, and an extra name of making the first to skip the ceremony of his successor since 1869. mike pence is expected to attend. >> to break down the fbi warning out of inauguration day former intel officer john braemar. what do you make of the intel you are hearing?

>> what we call chatter, the fbi and all the intel community in the united states coming together and putting together bits and pieces of information to try to put together an opinion. they are getting enough information through social media contacts and across the country to realize this has the potential of being a danger to the country. todd: fbi internal memo reads our focus is not on peaceful protesters but threatening the safety and the safety of other citizens with violence and destruction of property. this could be happening in all 50 state capitals. my question is are you confident the federal, state and local authorities that have to deal with this information are one, taking it seriously but 2, really preparing so that nothing happens? >> what i think is we have a law enforcement community right now

that has been beaten down for the vast majority of the past year so to ask them to put themselves on the line right now they're more row is very low. i hope they are coming together but it is a trying time for law enforcement when in many states they are afraid to do their job. todd: following the summer you understand the sentiments, you're trying to do the job and getting attacked orally and physically for doing your job you might not want to do it a few months later. the trump administration designated cuba as a state-sponsored terrorism years after the obama era reversal. here's mike pompeo, quote, we once again hold cuba's government accountable and said the message that the castro regime a end it support for international terrorism and subversion of the us. is this the right move? >> it was only 5 years ago right before obama took office, he took cuba off the terrorism

list. since that time cuba continues to side-by-side with its allies, iran, north korea and china and even housing members in their country to continue to plan attacks and terrorism in colombia and nearby countries. we've not seen much outreach from cuba in the last few years in bringing their relationship to the united states. todd: does biden release this? >> possibly you could see it but i hope new people coming into the administration will take time, and see if evaluation will let them move forward. todd: thanks for getting -- getting up with us. appreciate it. jillian: democrats full speed ahead with impeachment but is the law on their side. democrats playing politics, it takes credibility away from

their efforts. the constitutional expert is next. >> we cannot stay closed until the vaccine has critical mass. the cost is too high. todd: joe borelli says it is about time but what about all the bankrupted businesses, the new york city council and sounds off coming up. feeling sluggish or weighed down?

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to promote healthy blood sugar levels. so you can feel lighter and more energetic. metamucil. support your daily digestive health. take the metamucil two week challenge and feel lighter and more energetic. sign up today at metamucil.com. >> a real need to doing impeachment that you have to strip down and not have the due process that would normally be attendant to house impeachment person, just wait around until the provisions political time for schumer and biden, that's not impeachment, that is the game. >> with two weeks left until donald trump's term ends, there introducing an article of impeachment. >> ilias appearances it takes credibility away from democrats

efforts and joins us now. this is a 2-part approach, there's articles of impeachment but also 20 fifth amendment. let's start with the 20 fifth. you say not the way to go based on the law. >> the constitution says 20 fifth amendment is for when the president is unable to discharge the duties and powers of his office. i don't think that's the case, i don't think trump is physically or mentally unable to exercise his powers. this is clearly a case for impeachment to make the argument he has violated the public trust, with you call it inciting insurrection or however you talk about his speech and the relationship to the mob attacked the capitalism not a matter of being unable to discharge the office. jillian: what would it take to charge him with incitement insurrection? >> an article of impeachment. i don't want to get hung up on particular terms. it's not about the criminal definition of incitement, nothing to do with the first amendment or criminal law, there

are criminal laws against this. high crimes and misdemeanors doesn't have to be a crime, just has to be a serious breach of the public trust and i think there is a strong argument to be made that he did that but the way democrats are going about this i think as you discussed in the intro discredits the whole effort. jillian: i guess i meant to elaborate on articles of impeachment, specifically where we are with timing. you look at the fact that he has days left in his presidency, the fact that the senate isn't back in session until the nineteenth, the fact that the inauguration is happening, look at the whole case surrounding this you just wonder where we go in the next few days and weeks and tabling some of these articles until joe biden is in office. >> reporter: there is time for the house to pass impeachment, they can do that, they could

have done it last friday frankly but the senate coming back into session, it would take unanimous consent which mcconnell could engineer he wanted to. he's not beholden to trump anymore. there is a debate about whether a former official can be impeached. i think the answer is probably. it has been done once. a secretary of war in 1876, congress didn't know they had resigned when they went about impeaching and did not convict, did not reach the 2 thirds in the senate that would be required so it is possible the senate could come back whenever it comes back, they could take this up in order not at that point to remove him from office but to disqualify him from future office. >> based on an earlier answer it appears that question, can donald trump be impeached after joe biden is out of office, a person who is not president of impeachment proceedings, we will

see. 30 seconds, how does this resolved itself? >> if i had a crystal ball with a lot of money in the stock market the magic number 17. you need 17 republicans to go along with the democrats to convict and disqualify in the future. nine days we will see, we are into 2021. jillian: thank you for joining us, appreciate it. todd: how the weather resolve itself? ainsley: laura: >> we have a storm system that will move off the coast and temperatures will be warm for many of us are around average and getting into next week things look interesting. there is that tease, we could

get colder temperatures and a few rounds of snow. temperatures are called across portions of the upper midwest and great lakes but not what you usually typically see this time of year which is arctic air which could be coming next week. satellite radar imagery, that storm system that brought snow to texas, we've seen amazing pictures of texas, louisiana and mississippi and then we will deal with this system across the northwest bringing heavy rain over the coastal areas and heavy snow for the mountains, that is the routine for this area for the last several weeks, another round of heavy rain and mountain snow and things are pretty quiet, pretty good-looking forecast for much of the country but looking at some of the forecast models into next week things could get wintery. jillian: what does that mean?

lou: more cold air and more chances for snow for many. todd: she is holding her cards. all right. back on top. >> the crimson tide and the conference. todd: i did that roll tide. university of alabama rolling over ohio state to take on the 18 national championship ties. i love this guy, heisman winner devonte a smith, and nick sabin winning his seventh national title beating out, bear bright is a legend. >> i am proud of our team for what they have accomplished all season long, they had to

overcome and go undefeated. >> they flooded tuscaloosa disarray, police clearing the area due to covid-19 concerns. shouldn't take away from the championship. jillian: to you think they will take him? todd: can i live in happiness for two seconds? jillian: tom brady having fun, tampa bay buccaneers tweeting this photoshop picture of the two adult men after someone said the game should be on the history channel, this is good. the first quarterback a 40 to face each other in the playoff games. this sunday on fox. todd: he looks like a civil war general in that shot. still ahead ron paul, one of the latest targets of big tech censorship pleading for an explanation coming up.

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>> former congressman ron paul blocked from editing his own facebook account, the latest conservative to speak out on the tech censorship. carley: a rather surprised texas congressman ron paul posted this week yesterday saying with no explanation other than repeatedly going against community standards facebook has blocked me from managing my page. never did we receive notice of filing community standards and nowhere is the offending post identified. ironically the last thing he posted on his facebook page was an article denouncing social media censorship. facebook has not released a statement saying why they blocked the former congressman but his son kentucky senator f

considers advocating for liberty to be sedition was where what end? a bunch of comments coming in. look on twitter says that liberty included business's right to reserve service or customer, kurt chiming and say you can never convince me this isn't partisan. facebook says the former congressman repeatedly went against community standards. he says he had no idea he was doing that nor does he understand which post exactly is presenting him from managing his facebook page. todd: he was a big trump critic. somebody not in the libertarian part of the world is hillary clinton. she wants the impeachment will not remove white supremacy. carley: have a risk of stating the obvious hillary clinton is backing impeachment, she wrote an op-ed saying trump should be impeached, removing trump is

essential and he should be impeached, she spoke about big tech, she agrees with twitter, facebook, banning donald trump from their platforms but also says big tech companies, do more to stop the spread of ireland speech, she wants biden told social media companies accountable. jillian: american airlines doing some explaining. carley: american airlines defendant the pilot who had this to say to some pro-trump passengers chanting usa on board his flight, take a listen. >> i don't care, we will do that if that is what it takes. carley: he said we will put this plane down in the middle of kansas and some people off, i don't care, we will do that if that is what it takes. please behave. footage shows some of those passengers were wearing themaga has an chanting usa on board the plane. american airlines released a statement saying prior to the

part of the pilot on board flight 1242 made an announcement emphasizing the important to following crewmember instructions and mandatory face covering policy. they say it wasn't a political statement by the pilot, some of these passengers were not wearing face masks, emphasizing the rules on that front. jillian: i'm sure we will hear more about this. todd: kansas a great state to be put down in. i want to make that point. peter doocy is from there. new york city council and salvador on governor cuomo's sudden epiphany on india lockdowns. joe borelli next. service! ♪ stand back, i'm gonna show ya ♪ ♪ how doug and limu roll, ya ♪ ♪ you know you got to live it ♪ ♪ if you wanna wi... [ music stops ] time out! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

>> when "fox and friends" takes root we have an action-packed shell. doctor jerome adams will talk

about vaccine distribution and will get his second post, should we all do that? biden will change the whole thing around. what happens with tech stocks, they suffer and find out why, lawrence jones will be here and dave rubin on the new crackdown for corporate and big tech. speaking of conservative republicans we have one coming your way, christie noel teaming up with the duffy family, an exclusive announcement you will only here on "fox and friends" at 8:30 eastern time. and major-league baseball all-star dedicating his life to ministry inside the 1986 minutes. now back to jillian. jillian: the end to lockdowns in

the empire state, governor cuomo changing his tune after months of restrictions that have crippled the state's economy. >> we cannot stay closed until the vaccine hits critical mass. we will have nothing left to open. must reopen the economy but do it safely. . . and we have so many people, and the science and the owners say how about we follow the science. where did it come from.

>> this not just the evolution of someone's opinion, this is a complete 180 degree reversal of everything he's digging his heels in front last year. it is 60 days and he locked down my neighborhood. it has been a month since he locked down restaurant in new york city and only now is he coming to the realization this is not working even though the science is not there, he admitted the data was not going to be there, to support any benefit from this. he's making his claim, the first time he heard it. jillian: i'm sure you are happy to hear we need to reopen. >> it is a punch in the gut. this is a guy who made no effort to reopen businesses, they are much better over the summer,

late spring, early fall, this is a guy who made no urgency of reopening new york's economy whatsoever the entire time. you still have to be happy there are signs of life from his administration. every governor wants the state of the state to make national news and this governor making national news because he's trying to be so fundamentally hypocritical and going against everything he can demand new yorkers do for the past few months. >> the numbers are startling. let's talk about the vaccine distribution, hundreds of new york city vaccines go unfilled, cuomo warrants priority groups to wait 14 weeks to make an appointment. what is going on, operation warp speed, everybody worked so hard to get this vaccine available and ready for us as quickly as possible and it is a hard time being distributed and that is not just new york city but across the country.

>> new york state is receiving 300,000 doses per weekend we are only able to give out 250,000 at this point. it is past week for. these are things you would except in week one and 2 but we are a month into this thing, the number of doses coming in, it is unacceptable. we have a 51 question questionnaire and online application, vaccinated in new york city almost as though a web developer never met a senior, upload documents before you come in and a life-saving vaccine, and bureaucratic hurdles. the city and state are trying to do rather than vaccinate people. jillian: this quote here from

new york city comptroller, they are having trouble navigating this complex system. this is not how you roll out the most important vaccine of our lifetime. a lot of people feel that way. todd: sweeping moves to silence conservative sending off alarm bells in washington. tom fitton, president of judicial watch live next. hey, guys! they have customized solutions to help our family's special needs... giving us confidence in our future ...and in kevin's. voya. well planned. well invested. well protected.

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>> he has been kneecapped by twitter. he can no longer use the account to do you will at various and asundry things that he does. >> the president has just lost his biggest mega phone. >> twitter has stepped in and said no that world leader, the president is too dangerous to use our platform. jillian: some in the mainstream media celebrating president trump's ban from social media. rob: overseas not as positive. appearing gla merkel expressing concern over the move. jillian: here to react president of judicial watch tom fitton. thank you for being here. >> good morning. >> pull up angela merkel's statement the chancellor considers it problematic that the accounts of the u.s. president have have now been permanently blocked. platforms bear great responsibility for political conversation not being poisoned bay hatred, by lies and by by incitement to violence. what do you make of this now being on the world stage and people reacting? >> i think the german leader and

i think other fair-minded americans are concerned that the civil liberties of americans the god-given right for free speech are being hampered and sensorred by these private actors that have this unique role in our nation's public life and our up ability to communicate section 230 is the excuse. bad faith censorship of individuals in this case the president of the united states for political reasons. when you look at twitter's statement about the censorship of president trump. he is being targeted over a tweet promoting peace. this is just alice in wonderland logic. in my view when you have big businesses lying about what they are doing those to beyond

section 230. business fraud. if i were the federal trade commission or security trade commission where you have major publicly traded corporations lying that they are doing it for one reason when in fact they are doing it for another of. for instance, i have been locked out of twitter. i posted a tweet that i had posted repeatedly time and time again that specifically twitter had already found to be in compliance with its rules. and then they, without warning, told me not only do i have to take it down. even if i did i would be locked out for seven days. judicial watch's account lost, i think it's 135,000 followers. i have lost over 10% of my followers. jillian: wow. >> don't tell me it's not anything other than the fact that i'm a conservative and it should trouble every american that watchdog organization and head of the watchdog organization can't have a voice on a major component of onlibrary free speech platform because of a politic. it's really a terrible time for

america. will. todd: tom, you mentioned a number of theories. antitrust. preventing a competitor from getting on a platform you are committing arguably antitrust violations. let's not forget about that. i want to go back to section 230 for a moment. i know you are not a lawyer. is big tech walking into a section 230 trap especially if a case, let's say the parler case makes it to the supreme court? >> well, perhaps. you know, i would encourage everyone to review what justice thomas wrote last year on section 230. he is -- he looked at the basic law and said it's being misinterpreted misapplied by many courts. even when you look at it, it doesn't allow you to engage in bad faith discrimination. look, no one would say that big tech can keep someone off because of their race. why would we think that they can keep someone off because of their politics just because they can? this is not something that

section 230 allows. this is bad faith. this is them telling us they are taking it off for one reason and targeting a specific segment of the american population paced on their political beliefs. and in some jurisdictions, like here in the district of columbia, that may be illegal to do. jillian: twitter does say that the changes in follower accounts can be caused by a weighed range of factors come out and said they suspended more than 70,000 accounts queue than content since friday. this is not going away any time soon. we have about 10 seconds left if you want to wrap it up. >> it isn't going away. you see from hillary clinton and other politicians the real danger here is they are working hand and glove with am lied politicians to target critics now of the government with. we have got to be on the watch for this. jillian: yeah, absolutely. todd: tom fitton thank you for your insight as always. >> you are welcome. jillian: thank you.

todd: a lot of issues to discuss. "fox & friends" is going to take it from here and discuss many if not all of those issues. jillian: absolutely. we will keep you covered here. in the mean time "fox & friends" starts right now. see you back here tomorrow 4:00 to 6:00 a.m. have a great day everybody, bye-bye. >> security concerns surrounding democrats' rushed impeachment vote. >> so ill advised for joe biden come in trying to heal the country. >> it would be better if the president-elect came out and told his party to stand down. >> parler suing amazon for suspension of its service. >> it's not just our they can shut down a billion-dollar company overnight. >> political the rest of it is about shutting down voices that they and their staff do not agree with. >> that's not america and that's what i find so very depressing about this. [crying] you guys are angels. >> that's the oldest bar west of the mississippi. to lose a bar like that and have nobody pay attention, that's why