yeah, that's my thing. with at&t business, you do the things you love. our people and network will help do the things you don't. let's take care of business. at&t. >> do not have presidents mobilizing and inserting mob violence. if we go down the road worthy adversary here, mister raskin, asks you to go down, the floodgates will open. jillian: a dangerous precedent, second impeachment trial of donald trump begins after a vote declaring the trial unconstitutional -- constitutional. we are live in washington with a marathon day of arguments. >> chicago finally headed back to school. the overnight vote to restore in

person learning. shannon: threatening to hunt down books and to went maskless after the super bowl, the internet calling fowler's pictures prove the mayor hasn't always followed her own rules. "fox and friends first" starts right now. ♪♪ julie: things, we all know what the one is. she is going to be a big star. and a lot of new rules whether you are in tampa, washington or making up new rules all the time. jillian: hard to keep your head on the street. neil: just wait. can i tease? we have a cat lawyer at the halfway point of the show. don't know if i will make it through the day. if you haven't seen it get ready. if you stick around for one

thing, you are watching "fox and friends first" on wednesday morning. jillian: thank you for joining us. opening arguments will begin in the historic second impeachment trial of donald trump, the senate voting to proceed with a charge of inciting an insurrection. "cavuto" we learn how trump is reacting to the hearing. >> reporter: there were no cat videos but day one is in the history books. the senate voting 56-44 saying the trial is constitutional. six gop senators joining democrats to forge ahead. they are here, collins, cassidy, romney, the vote was a long expected lines low cassidy was a surprise. >> house managers made a compelling, cogent case and the

president's team did not. i'm going to vote on the side it did a good job. >> reporter: the trial opened with a shocking and graphic 13 minute recap of the attack on the capital january 6th. lead house manager jamie bresson told the senators that is what a high crime and misdemeanor is under the constitution, getting emotional during his presentation. >> senators, this cannot be our future. we cannot have presidents inciting and mobilizing mob violence against our government. >> reporter: when it was time for the former president's defense, chris castor delivered a perplexing argument, he changed their strategy on the fly, completing house managers. >> and if we go down the road my very worthy adversaries here, mister raskin asks you to go down the floodgates will open

and partisan impeachments will become commonplace. >> reporter: castor's performance was panned by senators on both sides of the island his client, donald trump described by sources who told fox news the former president was, quote, furious and beyond angry at his defense team particularly on his rambling open. the president's other lawyer fared better on the constitutionality arguments. afterwards defending their case. >> there's nothing they showed today the ties into donald trump. it is a silly argument. what they are doing now, rousing the american public, that is what political speech is about. >> reporter: it starts up at noon, the 16 hours allotted for house managers to make their case followed by the defense team after both sides complete that, four hours allotted for questions, four hours will be equally divided for closing arguments, then comes the vote on whether to convict and based

on the first vote we saw few expect the number of republican senators to cross the aisle. it will take 17 of them to reach a conviction. neil: ted cruz says democrats have a lot to prove as they detract from get a real work done for the american people. >> democrats what they are trying to say is donald trump's rhetoric caused the terrorist attack on the capital. the president's language at times i think is overheated but if you look at the language he used, saying things like site, saying things like go retake our country, if that is now incitement than we better prepare a long line to indict every candidate for office who has ever run, anyone who has ever given a stump speech has said let's go fight, let's go win, let's go retake our country, this is political theater because rather than

address the real problem with real challenges we having this country rather than focus on getting kids back in school and tens of millions of americans back to work the democrats want a week of political theater raging at donald trump. >> reporter: no real chance of conviction, that requires 2 thirds majority in the senate. fox news alert, chicago sending kids back to school overnight, the teachers union approved the reopening plan, have some kids back in classrooms as soon as tomorrow. jillian: here's more on the votes. >> 67% of chicago teachers union members voted to reopen. that plan would allow special needs students to return tomorrow while k-8 students would transition in person learning by march 8th. teachers and staff will have a chance to get the vaccine before returning and accommodations will be made for those with

medically compromised household members. despite voting for the ctu think the plan doesn't do enough to ensure safety saying in a statement this plan is not what any of us deserve, not us, students or families. the fact that cbs did not delay reopening to ramp up vaccinations and preparations in schools is a disgrace. a similar battle going on in san francisco as the city is doing its own school district amid disagreement on how to reopen. >> i am worried the tentative agreement proposed will not get us to a place in the city we will open schools this year. our children are suffering, we have to do better. >> according to ask you is the lack of in person learning may cost the was economy $28 trillion in the long run. the biden administration said it made reopening a priority, the pace may not be what parents are looking for. >> his goal that he set is to have the majority of schools,

more than 50% open by day 100 of his presidency and that means some teaching in classrooms which at least one day a week, hopefully more. >> the majority qualify, you said some teachers in school, not majority. >> teaching at least one day a week, in the majority of schools by day 100. >> reporter: the cdc is expected to release back to school plan by sometime today. >> a lot of personnel, thank you. >> one person is dead and four others hurt in a mass shooting at a minnesota health clinic. police say the suspect targeted the facility because he was upset with treatment he received, the shooting happening tuesday 40 miles west of minneapolis. investigators found suspicious devices at the building as well as the motel where gregory aldrich was staying. todd: an officer being

assaulted, look at that. watch the men walk up, punch the officer before being taken down by other cops, this after a spike in violence, there have been 5 subway/things in the past week alone. mayor bill deblasio downplaying the uptick. >> we had incredible and total disruption in 2020. our entire lives were turned upside down. global pandemic, perfect storm and we are in the process of overcoming that. >> don't know how that leads people to thislash other people. looks like it is needed. president biden feeling bipartisan pressure to reverse a decision on the keystone pipeline. in a letter, joe manzo much in writing the pipeline, quote, supports your build back better priority by keeping americans working while strengthening american economic energy security. 14 republican attorneys general wrote biden a warning that

revoking the permit would be devastating to all-americans. a federal judge delaying a hearing on the dakota access pipeline. carley shimkus went to arkansas, spoke to pipeline workers that are now out of a job. we will hear from her and then later this hour. it is 10 minutes after the hour. coming up governor cuomo pushing star-studded pop-ups while many venues remain closed which our next guest called the move discussing was why he said leaders are sticking it to small business. shannon: priceless video of a lawyer's zoom appearance. >> can you hear me, judge? >> i can hear you. i think it is a filter. >> don't know how to remove it. i am not a cat. jillian: the feline filter lawyer using his 5 minutes to send a message to america. that story coming up.

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many of them have been out of work since march. we are going to accelerate that reopening with 300 plus pop up art events all across the state. jillian: andrew cuomo backing up star-studded pop-up events is artists struggle due to covid-19. todd: the governor should focus on saving small business instead of moonlighting as an entertainment producer. danny, thank you for being here. at first glance this seems like not a horrible idea, seems like a fine idea but what does it do for small clubs like yours whether you are in music or

comedy or whatever the you are the lifeblood of the city? >> the question is who is helping these star-studded pop ups, their venues that have been producing comedy shows. on the rooftops and courtyards, is venues and performers has been hustling to bring comedy to new yorkers, illegally i might add because comedy shows are prohibited indoors so when he announced these pop-up shows, produced in partnership with pilot producers and big celebrities cutting out these performers who have come to new

york. jillian: is this the nail in the coffin for a lot of small independent businesses that have been trying so hard to stay afloat somehow? >> the new grant will be helpful. it is a good relief package. 15 billion venues, music venues, that is helpful. a lifeline for small businesses, he had that open. steve: us unemployment, arts and entertainment and recreation, 8.6% at the start of the pandemic and take a look. this past month, 19.one%.

that is not good news. the artist -- by way of example, my wife told me got moved again to october of this year. 9 months from now will your business still be around by then if cuomo's rules don't change? >> yes. up in their 12 years, a great landlord, landlords need to work, tenants help them stay in business. we were approached yesterday from a company called common health that offered to give free healthcare visits and tests until the whole pandemic ends. those are the things we want to

see new yorkers come together with. to do something really -- pop up events, not helping venues, not helping the performers that need it. jillian: is this a nail in the coffin, taking the place of force should be the local independent business owners who should have their case. thank you for joining us. keep us updated. todd: that is where those stars get their star especially in comedy. coming up disney reportedly eyeing a move from shutdown california to wide-open florida. sunshine state frenzy heating up with big apple restaurants flocking to miami. chief financial officer on why

the state is better for business. ♪♪

todd: welcome, florida, the happiest place on earth could move its business out of one of the most expensive places on earth. jillian: the walt disney company moving some jobs from california to the sunshine state. florida's chief financial officer joins us to explain the potential money-saving move from mickey. thank you for being here. does any of this surprise you? >> reporter: florida is for winners. what tom brady did, moved to the state of florida. a successful super bowl, he

walked away and mvp. i am looking at what has happened. gavin newsom is nonresponsive, businesses are fleeing the state, disney has a proven track record. we like to allow them to grow and expand their business. todd: 10 major corporations have moved from california since 2019 when gavin newsom became governor. you see a lot, mitsubishi motors, hp and the like. california versus florida, the one that stands out is the hotline, income tax, florida whopping.30%, florida a whopping 0. you alluded to this in your first answer. why didn't they make this move sooner especially with a second home in orlando?

>> those corporations as they get comfortable in their business environment, the of hollywood, 51 acre studio in burbank, got an investment and a relationship but when you are not doing that enough is enough like the corporations you pointed out. two of the things i would like to note. florida for 3 years in a row, all three major credit agencies, aaa bond rating. on top of that, 49 consecutive years of declining violent crime rates. not only is florida a great place to grow business but a safe place for business. jillian: people across the country going there, a year or 6 months and a lot of people going to open restaurants and businesses they haven't been able to keep open. have you noticed that? >> i have.

in my previous life in the restaurant business, i know how hard it is to recruit good talent, shifts, management, when you have markets like new york which is one of the greatest restaurants cities in the world when it shutdown, that talent will leave and florida is having success in growing their successful restaurant industry like orlando and miami, fleeing markets that are closer to business. >> you can't get more contrasting, 0% indoor dining in new york city since the fourteenth of december, 100% capacity since october 12th. i could understand comparing with some random towns in the midwest, these are two big cities, metropolitan cities. why such a contrast? >> cuomo god bless him, what happened is a comedy of errors

and a train wreck, totally shut down and offering to buy people dinner and can't make up his mind what he wants to do. his own state of the union address wanting to get the economy back rolling, but it is sad, people's lives, people's businesses, people's life fortunes are gone because of his inability to lead. todd: jimmy petronas coming up with a slogan, thank you. >> appreciate you. >> download the super 6 apps, chance to win $5,000, just predict 6 outcomes in the super6 quiz show. download the super 6 apps now. the mayor of tampa called out

online accused of violating or unmasked restrictions. >> teachers unions returned to the classroom but does this follow the science. how soon can you reopen without covid-19 case? the superintendent joins us next. thousands of jewish survivors still suffering today. god calls on people who believe in him to act on his word. "comfort ye, comfort my people." when i come here and i sit with lilia i realize what she needs right now is food. these elderly jews are weak and they're sick. they're living on $2 a day this now, is how god's children are living. take this time to send a survival food box to these forgotten jews.

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todd: divided senate voting the impeachment trial is constitutional. jillian: more on whether a conviction is possible. >> reporter: that is the big question. you are an attorney, you understand the map of jurors considering with take a supermajority to convict donald trump. 17 republicans would have to join democrats in voting to impeach and yesterday's vote unconstitutionality is any guide a conviction honestly is highly

unlikely. the senate voted 56-44 saying the trial is unconstitutional. six gop senators joining democrats forging ahead, collins, cassidy, murkowski and to me, that was a long expected lines cassidy being the only real surprise. the trial opened with a 13 minute recap of the violence, the attack on the capital on january 6th. jamie raskin pointing to that video telling senators that is why it is constitutional to impeach donald trump. >> senators, this cannot be our future. we cannot have presidents inciting and mobilizing bob violence against our government. >> reporter: when it was time for bruce castor who was making the case that it is

unconstitutional for a private citizen, castor delivered, complement to the house managers case, david shown made a stronger argument. >> former civil officer who is not impeached is the same. we have a judicial process in this country. the ability theater tells us is the appropriate one for prosecution and punishment. >> reporter: it was not applauded by donald trump, the former president was furious and beyond angry at castor as rim bowling. it starts again at noon. house managers make their case and that is followed by the same time the defense team, each side must use no greater been two days to make their case. then after both sides do that, four hours for questions and

four hours for closing arguments. todd: a very factually argument -- accurate argument a special where he mentioned my mask. jillian: a new op-ed in the wall street journal argues democrats already know the outcome of the impeachment trial, they want a trial so they can hurt republicans and further polar divide the country. todd: while this trial? the answers trance political. the democratic party of single most unifying principle, democrats haven't crossed politically since mister trump was elected and they would like to keep him as a foil for as long as they can. jillian: tucker carlson lays it out saying this impeachment trial is a joke. listen to what he said. >> it is ridiculous. they are literally impeach a president who is and even the president anymore. they are yelling at someone who has already left the room. it is a farce, insulting and absurd. anyone who talks about the

details that are important is probably trying to distract you from something that actually is important. todd: something that is important is getting kids back to school. however still no start date for so many districts around the country as teachers worry about safety. one connecticut school district says they brought back in person learning and haven't seen covid-19 case in weeks. superintendent of public pools joined me now. what are they doing right? >> reporter: what a lot of districts in our state are doing which is focusing on keeping people safe so schools remain open. that means lots of medication. lots of ppe, teachers keeping distance from students when possible. students being encouraged to

stay home and go remote if they are not well and we started planning for recovery within weeks after closing. by april 1st already planning for recovery and that allowed us to get ppe, planning on our buildings, retrofitting buildings with protective barriers and fortunate to have the support of teachers, administrators, parents, students, emergency management, resources in the health department and the region but we pull those resources to gather as a community and it is worked well for us. todd: you mentioned districts following your lead, a lot of cities and towns throughout the nation that haven't done this and education in connecticut, a

bunch of cities in connecticut, 150 other towns more or less the same. located in different areas and similarly situated. why the contrast? why could those places not open up? >> hard for me to comment on every community situation. all the resources we've been able to pull together starting last spring but each community has different resources, different situations. a superintendent is different from being a superintendent in collier county, florida or chicago, illinois or any small community. even small communities in my state have their own flavor and their own resources and their own community support. it is hard to comment on that. the planning that has been done with all of those groups together starting last spring made a big difference for us and

we continue to communicate all-time not only with stakeholders in our community and students about the importance of doing the right thing and being responsible but also with superintendents and professional organization that were sharing our best practices. i do think it has been a huge team effort. in connecticut, a lot of people, to have kids present as much as possible. everybody agrees in person learning is important for academic, social and emotional health, for the economy, for the family of parents to be at work. everybody's goal is to get there and everyone is driving towards it. todd: i heard good things about you from people. i live in connecticut and i know what is going on which i can't wait until the summer when i take my annual trip to hang out with fans and you are doing it right.

jillian: the summer of todd. the mayor of tampa taking heat for what critics call hypocrisy. jane castor blasting tampa bay buccaneers fans for celebrity the team's super bowl win without masks and some could face relief. they are celebrating the tampa bay lightning in september. the mayor's office did not respond. todd's favorite story of the day or the year, texas lawyer struggles with virtual hearings. >> did you hear me, judge? >> i can hear you. i think it is a filter. >> i don't know how to renew that. my assistant is trying to. i'm prepared to go forward with it. i am here live. i am not a cat. >> i can see that.

todd: i have been worried about this all david holds together. the county attorney seen here as a white fluffy kitten, now gaining online fame for this mishap. i couldn't go to sleep for half an hour, i was rolling in bed laughing. the funniest thing i have ever seen. jillian: i didn't watch this, i haven't watched it yet. todd: the eyes of the cat and he has to acknowledge i am not a cat. jillian: 39 minutes after the hour, president biden's decision to revoke the keystone pipeline permit reverberating across america. todd: carley shimkus went to arkansas where one community is struggling to survive. her live report next.

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todd: president biden's decision to cut down the keystone pipeline leaving thousands of americans jobless. jillian: carley shimkus spoke to workers struggling to survive, joins us with her story. carley: president biden saying this will help the climate and create green energy jobs. but those laid off workers tell a different story. to get the full picture i went to south arkansas, a town comprised of pipeline workers and they say this executive order will crush their community. watch. >> you are looking at

unemployment office. everyone here is affected and out of work. >> you were in nebraska working on a pump station. that executive order comes down with the signature on a piece of paper, you become one of the first -- >> future is not looking so bright. hard to make plans with an administration trying to push your future. >> this has been your family home for you and your free boys. >> the land has been in my family for years. carley: you don't have a job. >> in this day and age. you need to keep people working. >> my husband and i to have the opportunity to work on the keystone, having our little boy to have that future just completely taken away by one signature. >> there's a lot of people in this country, he edited the list.

>> our youngest daughter is a junior in high school and supposed to be going to college too and i don't know how i am going to pay for it. i have no idea. >> third or fourth generation. these guys depend on these jobs. >> not going to lose jobs. it will create jobs. >> thousands and thousands of people. >> they go to work to make solar panels. >> when you hear president biden and other folks in the administration say they can get jobs working in renewable energy what do you say? >> my husband spent many hours practicing to become a welder, to go into different job trade completely. he would be starting over. >> small-town industries are not there. providing jobs he says they are simply not there. >> it is not easy to get rid of

everything you worked so hard on. >> this pipeline was going to bring 800,000 barrels of oil into the united states from alberta, canada. now that the pipeline is not happening what is going to happen? >> this pipeline is not a new source but a transportation, we can't run the country on green energy alone. we are supposed to be a superpower and can't keep the lights on in this country. >> it will take generations and right now is not the time. >> it is completely political coming in regardless, the pipeline allows a safe way, safer way. all he is doing is taking a bunch of men willing to use their hands and work dependent on the government. >> if you could talk to president biden what would you say to him? >> i would love for biden to look at the keystone pipeline and see how green it is because he doesn't know. he has no idea. >> for environmental reasons, not political.

that hurts us the most. from the gulf coast all the way to canada. this is a small part of what is going on in this country. >> when you take away, prices go up, people pay more for groceries, they don't pay more for houses. right now we are paying with our lives. shannon: he says they are paying with this decision for their lives. hard-working people who don't want a government handout and they don't feel they are being heard. president biden is saying killing the pipeline will help the economy, help the environment, that is simply not true and when you realize this is a virtue signal to environmental groups and pain and suffering is completely unnecessary becomes a more difficult pill to swallow. there are group of attorney general who wrote a letter to president biden yesterday hoping he will change his mind and they say if he doesn't, they must take legal action. hopefully something can get done on this front.

jillian: i'm sure you noticed it is a lot of businesses that thrive on these workers being in town. it is hotels, restaurants and things that will suffer from the domino effect. >> so true and you hear it time and again, it is easy for president biden and people in the administration to say get another job in something you have never done before but in practice it is more different and quite frankly insulting. todd: these are not college sophomores, these are 50-year-old, 60-year-old adults who need to support a family, they can't just -- thank you. jillian: still had justice for hairstylist who defied the michigan governor's lockdown order. >> failed to prosecute on this. i will grant a motion to dismiss. >> a huge weight was lifted from her shoulders next.

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so more students can be ready for anything. i'm trying to do some homework here. >> i would ask all 6 cases be dismissed. >> failed to prosecute on this and i make a motion to dismiss. on all charges. >> thank you. todd: a michigan judge dismissing charges against six hairstylists who defied coronavirus restrictions by cutting hair outside the state's capital. dubbed operation haircut they were protesting of undergraduate were's decision to ban salons and barbershops from opening in may. brenda route and attorney david,

thank you for being here. brenda, i will start with you. how are you feeling? breathing a sigh of relief? >> yes i am was a big weight lifted off my shoulders but we have a way to go. jillian: and what is that? >> to secure my license. they are trying to take that away also. >> tell me how this went down and why you think they didn't decide to show up? >> good question for the attorney general's office. this started because the clients who are all business owners, 6 hairstylists decided to show up for an operation to protest at the state capital. on the grounds, and cut here to protest governor witmer's executive order shutting down barbers and hairstylists. they were there that day peacefully protesting. people were getting their hair cut and they got charged

criminally for doing so, charged with operating a business that is illegal. i didn't realize cutting hair was an illegal business. that is usually used for gambling or prostitution or things like that which is clearly not at play here. they brought this lawsuit, we got a hearing on a motion to dismiss and the judge granted it. todd: you have been charged with disorderly conduct for operating what they called that illegal professional business. the charge would be punishable by a $500 fine or 93 days in jail. this involves six of you but do you feel the weight is across the country with people in the same position as you, people with the same thing you are? >> absolutely. it is hard for people. we didn't have income for a long time, trying to make ends meet. jillian: what has been the hardest part?

>> wondering if i will be able to keep my profession. jillian: how long have you been in this profession? >> 31 years. jillian: why did you decide to take on this case? >> this gets to the heart of the constitution, the right of free speech for all of us. you should be alive to come out, peacefully protest any government without the fear of being prosecuted, having your business taken away from you, people need to realize what is going on, and not be intimidated, stand up, have your voice heard and understand you will prevail in the court process if the state does come after you. the free-speech implications for this are important, enormous and hands-off to 6 clients, that

were prosecuted. >> against the stylists, when will we know more about that? >> we will keep you updated. we are in negotiations. jillian: thank you for joining us. todd: mark cuban next to the national anthem before mavericks games. joe concha, congressman michael burgess joining us live next hour.

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>> democrats told us you couldn't go to work, could because we loved ones funeral, kids couldn't go to school and now they are trying to tell the same americans you can't vote for the guy you want to vote for in 2024. that is how obsessed they are. todd: and impeachment trial against a former president resuming in hours. we take you live to washington with the case against and for donald trump. >> the goal that he set is to have the majority of schools, more than 50% open by day 100 at least one day a week or more. jillian: goalposts keep moving