>> fox news alert. more mayhem in portland, breaking down the door the police association as protesters ramp back up the chaos playing out in the streets. >> trump ran house of nonviolent options. >> this attack never would have happened but for donald trump. >>

>> the insider into. we are live in washington with more on how the trump legal team plans to respond. >> once a marine always a marine. with a veteran went through to make sure the legacy of a fallen hero lives on. "fox and friends first" continues right now. ♪♪ >> that story about those marines, the stuff that we don't love, that chips away at america and people complaining about america, that story is america. it is a great story, can't wait to bring it to you. you are watching "fox and friends first". jillian: thank you for starting the day with us. house democrats opening arguments are expected to resume for day 3 of the impeachment trial. todd: they use shocking footage from inside the capital during the riot. griff jenkins live in

washington. >> harrowing moment house managers present dramatic never before seen footage of the chaos of the capital laying out a detailed timeline of the attack, riders smashing windows and opening doors as they entered the building, we also see former vice president mike pence and his family fleeing the senate chamber being evacuated down a flight of stairs and that startled senator mitt romney being saved by hero officer eugene goodman who is turned around and away from the approaching mob as prosecutors made the case this is a result of incitement by the former president. >> trump became the insider in chief. >> trump ran out of nonviolent options. >> trump's conduct leading up to january 6th was deliberate and premeditated. >> this attack never would have

happened but for donald trump. >> trump did not send help to these officers were badly "outnumbered". >> defense counsel david showed reacting to opening arguments accusing democrats of wanting to simply attack trump. >> they want a lot of screen time for themselves, just hoping to drum up emotion and get their last shot in that donald trump. >> any indication with the defense's or bottle might look like the trump war room retweeted a tweet from lead manager jamie raskin using the phrase in the past fight like hell, words attributed to trump's incitement at the end of the presentation fireworks flew in the chamber between raskin and senator michael lee, who wanted impeachment managers to withdraw evidence, mischaracterizing his account on call between trump and senator tommy tubbs of the erville. >> strike because they were falls, we are happy to withdraw

if it is not critical. >> the fry resumes at noon, house managers have eight hours left. they don't have to use it all. tomorrow trump's legal team starts their 16 hours of defense, then after that if there are no witnesses we head into the 4 hours of senators questioning followed by closing arguments. shannon: mark levin says democrats can preach only once but the fact remains there is no evidence to convict the former president. >> the russia collusion crowd is back, the pathological liars are back, just because they are dressed up as congressmen and senators doesn't matter. what is lacking? all talk, all the video, what is lacking? evidence. where's the evidence that donald trump, a single one of these groups. there is no evidence. >> senator lindsey graham said after yesterday's arguments that the, quote, not guilty vote is

growing. >> four minutes after the hour, large texts being constructed in a texas border town to house illegal immigrants, republicans now urging the president to act to prevent a crisis. >> jackie ibanez live with the latest balance on this. >> tent city up and running in texas, the facility along the us-mexico border is designed to process illegal immigrants. a spokesperson for u.s. customs and border protection reveals the recent open this location is renovations are underway at its processing center a few miles west. according to cbp 78,000 people were stopped while attempting to cross the border last month. that is up 6% from december. many believing they would be welcome under the biden presidency. >> the fact that we've not had the time as an administration to put in place humane comprehensive process for

processing individuals come to the border, now is not the time to come and the vast majority of people will be turned away. >> for un ambassador nikki haley taking to twitter writing biden reinstituted obama's catch and release policy releasing illegal immigrants back into the us. illegal immigration has had crisis levels overwhelming border patrol facilities and maxing out community resources like covid-19 tests. we should be taking care of our americans first. the surge in numbers triggering several members of congress to call on president biden to reverse his stance on immigration including representatives ted for who joined us last there. >> it seems like the left-wing base, the one thing he promises to leading up to the campaign and right now it is hurting the country, hurting texas, heading north carolinians and the rest of the country so it is concerning what is going on. >> reporter: you may remember

biden signed an executive order halting construction of the border wall. back to you guys. >> riders tried to break down the door the portland police association, police saying there was vandalism don't the building but no arrests were made and no one was hurt. in seattle police released surveillance embody camera video of the deadly police shooting of a suspected killer. >> reporter: >> my friend is dying, shot 3 times, please send paramedics. >> the man shot two women inside a car coming one of the main seriously injuring the other. the suspect then started shooting at officers, they fight back, killing the government. it is unclear what led to the shooting. todd: chicago police reopen their doors, preschoolers and special-needs students are

expected to return to class after the teachers union narrowly approved the plan to resume in person learning following disagreements over covid-19 safety protocols. laundry and middle schools will return to class in march. no date has been set for high school students and the clock is ticking. the best story of the day hands-down mission accomplished was a veteran applies across the country to personally deliver a portrait of a fallen marine he never even met. >> reporter: he commissioned this drawing after meeting his sister and learning he lost his life in vietnam when 18 years old. he delivered the portrait to the family without ever putting it in a box. >> to protect the frame and everything. to have them in a box -- you need to be seen. jillian: his sister says the portrait gave her the most overwhelming heartfelt feeling after losing her brother nearly 55 years ago. that was incredible.

todd: you worry about the country. at that moment. jillian: 8 minutes after the hour twitter banning the former president from its platform permanently. former chief strategy officer for facebook reacting to the tech giant's decision next. ♪♪ todd: the national anthem once again playing in dallas thanks to an nba mandate. mark cuban clarifying, that story coming up. ♪♪ research shows that people remember commercials with exciting stunts. so to help you remember that liberty mutual customizes your home insurance, here's something you shouldn't try at home... look, liberty mutual customizes home insurance so we only pay for what we need. it's pretty cool. that is cool! grandma! very cool. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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let's start with all the dads who aren't exactly “sports guys.” narrow it to all the non-sports dads who love watching sports... in the rain. with kids who can catch “almost” everything. especially a cold. that brings us to you. you're the one we made mywalgreens for. an easier way to save, shop, and perhaps catch a break. introducing mywalgreens. join and get 30 minute pickup at walgreens.com >> donald trump and twitter permanently. jillian: brooks joins us with the latest on this. >> twitter doubling down saying even if he run for public office in the future he will not be welcome back on the platform. twitter announced the trump

would be permanently suspended after the capital riot saying the decision was made due to the risk of further incitement of violence. the social media giant this week maintained that suspension is permanent. >> when your move from the platform your move from the platform, policies don't allow people to come back. >> facebook, instagram, youtube and snapchat also suspended trump from their platforms after the riots. trump this week facing his second impeachment trial with house managers arguing trump should lose his political rights and if successful could prevent him running for office again. trump's legal team told me they plan to focus on what the former president said surrounding the capital riots signaling his posts to twitter and facebook could be included in their defense. >> thank you. let's bring in chris kelly, privacy office, first general counsel and head of mobile

public policy at facebook. with a bio like that to borrow from the musical hamilton you have been in the room where it happened. with that in mind, take us inside twitter and how they make a decision like that. >> this was a hard decision for them to make as it is for every major platform but ultimately look incitement the president had taken when he was still president there's a deep concern. twitter made the decision to ban him and reinforced it. facebook decided to referred that to the oversight board it established to allow view of these controversial decisions but mark and the team at the facebook were comfortable making that decision was referring to the oversight board to make sure there was an outside review of this. jillian: you have been inside

facebook but to my knowledge not inside as an employee for twitter or the other companies but what is your opinion, your experience that you have, do you think these companies, these tech companies social media giant provide a diverse enough? is there something that needs to change? we have spent a lot of time talking about donations to democratic campaigns versus republican and there's a big difference. should something be done about this? >> there is a deep understanding in these technology companies there is skepticism on the part of conservatives and libertarians and skepticism on the part of liberals too about how they make their decisions and they tried to play down the middle as much as they can. when i was there, it has been 10 years now, we definitely try to focus on how to make these decisions in the best interests of public information and how political figures are able to connect with voters but not to

step on too many lines. todd: you can look up chris's bio online, he is a democrat and did run against somebody you may recall, attorney general of california who has a new job, kamala harris, but i understand what you're saying about twitter. my question, how long can the twitter business model sustain itself if it is ticking off half the country? >> that is one of the challenges platform faces when there's a belief they are discriminating against anyone. twitter has to address that and facebook by referring these to the oversight board and trying to play these things as much down the middle as they can. twitter will continue to try to assess these things based on overall policies and do the best they can but ultimately in the marketplace of ideas, if actions are taken against people who no longer believe in the platform

ultimately people will leave the platform. jillian: was this the right decision? >> obviously there were a bunch of challenges posed by advocacy for incitement that you have seen the president presented in the last few days particularly for impeachment hearings, both platforms, facebook and twitter were comfortable with the decisions at the time and facebook referring to the oversight board is willing to have that outside assessment. we will see if twitter, reaffirmation on the part of the president or anybody else who was active in inciting the insurrection to repent and look at this differently. todd: you seem confident in the oversight board at facebook. got to see if it works. we have to see. >> they have reached out to a number of figures and global

free-speech policy and we will see how that goes. it may work out extraordinarily well, it may not work out ultimately but we will see and it is a better approach than just saying we are a platform, we have our first amendment rights, we will decide anyway that we want. jillian: thank you for joining us. todd: the let them play movement spreads, some schools allowing kids back on the court. >> so excited especially for the cross. >> wearing a mask. jillian: brian kilmeade, school safely returning to competition and getting teams to see the outlet during the pandemic, he joins us live with that story. ♪♪

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jillian: when governor cuomo announced hire a school boards could reopen, quick to get athletes back in the game. todd: how do they make it happen? brian kilmeade went to find out? >> the numbers were so low in new york and august and september. there is great hope they were going to put football and soccer and everything they do. in september and didn't happen. winter sports is not going to happen and suddenly two weeks ago things change and not only do they play, you play fall sports in the winter, start winter into spring. we will do it all in a few

months. let's see how kids feel and how coaches feel and if the rest of the country will do the same. watch. >> everyone was hopeful we would get the pandemic under control. they made the prudent decision to cancel high school sports. >> why not ask my daughter. >> especially the scene years, who will play for the last time. >> just sports, only 2% of athletes get a scholarship anyway. university of wisconsin did a study. how do you feel about this being canceled? 60% feel anxiety. >> more than a game to learn about hard work, dedication. >> cope with anything going on and how they make friends.

outside of that you don't see that. >> being able to do something you work well with together. >> they push you to be her best. >> they will now decide to do something different. they could not be happier. especially for lacrosse. ♪♪ >> i was so happy. >> reporter: 6 weeks later, the spring sports and basketball teams behind us. >> fall football in the spring. >> we will play when we can

play. >> it is a modified season. >> the county executives have different plans but the same goal. >> it sounds normal to our kids. >> get kids back on the field. >> some of the things we are dealing with. >> 56, some are not allowing and some are. we feel they are enough to make those decisions. >> one county. >> we have rules in place. they wear a mask off the court on the bench. the kids were taking get across the country characterwise. >> trying to figure out the best

way to handle things. >> it has been easy to follow. >> it is tough. >> to just finish my last year and enjoy every moment. steve: the basketball game you saw, they won the long island championship and en route to the state final when they got the word the season was canceled there -- they were going to win a state championship. they thought the season was canceled and two weeks ago they thought they were going to go out to play and there will be hurdles and quarantine so the game will be postponed. it happened to ohio state, the the nfl, the nba but they are working through it and it

matters. jillian: listening to these kids. i played sports my entire life. i didn't have many friends at the start of high school and it made me develop as a person and it is important they are so impressionable and sports has so much for that. >> sometimes you talk to kids, i need to get out and have normalcy. i want to complain about it so everyone's normalcy, td ameritrade did a study, 40% of scholarships are in jeopardy because of the pandemic. everyone has to change, why make it unnecessarily painful is the

point. i give credit to new york for giving it a shot. it's not going to be easy. there will be setbacks. i'm not hanging out with anyone but teammates. i don't want to jeopardize my program. that could be a plus. todd: you get one shot at life. i will cherish them for the rest of my life. >> 28 after the hour, a suspect arrested after two conducted a carjacking. we will get you up to speed coming up. swollen, painful. tremfya® is approved to help reduce joint symptoms in adults with active psoriatic arthritis. some patients even felt less fatigued. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms

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jillian: extreme weather, snow and ice blank of the country impacting tens of millions of people from texas to the east coast.

planes get off the runway. todd: everyone was evacuated for several hours. the preconditions causing this vehicle to slam into parked cars in west virginia. janice dean joins us with the latest. >> janice: an ice storm for parts of arkansas through kentucky this morning as we got a shallow layer of freezing precipitation freezing on contact with the roadways, power lines, really dangerous and we had incredible wind chill. that is what it feels like, minus 30 is what it feels like. we have windchill warnings in effect where people are urged to stay indoors, frostbite in just minutes. the winter storm bringing the ice again for areas across arkansas to the tennessee, this is the river valley through the day today. it will be really dangerous. have a ninja of ice on the power

lines and south of that showers and thunderstorms and a little bit of snow for the dc area not as much as we anticipated but we will get some flurries. the storm system across the southeast, very cold air on the northern planes with wind chills minus 40 degrees, that is really dangerously cold. we will keep you posted. todd: you thought you were an expert after 11 months. the cdc showing new guidance on how to wear a mask. >> the cdc is updating mask information for the public on the cdc website to provide new options on how to improve, this includes wearing a mask with a moldable knows wire, wearing a cloth mask over a disposable mask. jillian: the double masking

guidance no surprise, doctor dr. nicole saphier joins us. things change as you get more information, we update things. what people have a hard time, close to a year and things change a lot. what is the best way for me to do it? >> good morning. it is no surprise. i am surprised they update mask recommendations. to see and observe people are not just wearing masks, they are very loosefitting masks, single-layer cotton mask and continue to take it off. not covering their nose and mouth, a mask wearing hasn't had the effect that it should. the cdc's recent experiment, a lot of the emerging evidence shows mask wearing truly can decrease viral transmission and

the cdc experiment shows if you put a tightfitting cloth mask on top of a surgical mask you can reduce viral transmission by 92.5%. like most things in medicine it is -- the 92.5% is good at decreasing viral transmission. todd: we will see if people follow. the us called out the biden white house after jen psaki said the administration could only reopen schools one day a week by the end of april. here's the soundbite again. >> his goal that he said is to have the majority of schools, 50% open by day 100. teaching one day a week. that is where we would like the majority of schools across the country to be which they are not. neil: you are saying this is, quote, anti-science. >> reporter: they are setting the bar low. the biden administration

carefully picking their verbiage when talking about school reopenings. the world health organization, had little to do with community spread and other measures such as distancing, inside capacity has greater effect than school closures and emerging science we have seen through 2020, little transmission in schools especially the elementary school. the world health organization has showed through the country that people bringing viruses into the school system are the staffs, the adults. there are more adult to adult transmission than child to child or child to adult, the same we see in retail and restaurants. it is not the patrons or the customers but the staff that congregate in their break rooms with their mask off. when we look at besides the science tells us to get back to school.

they are safe ways to do it. the biden administration is saying having children in school one day a week counts for them. hey have a checkmark say we open the schools, kids are back to school for one day, that is ridiculous. children need to be back full-time, there are safe ways to do it, community transmission down, mask wearing and physical distancing, this is what is best for our children, best for our future generations and we have to get them back in school. 50% of schools have to have this one day opening but 50% of schools have that and that is for children with mental disabilities. are they concluding those in school reopenings because if that is the case those schools have been open since before biden took office so i don't appreciate they are changing their verbiage just to make office look good. jillian: dr. nicole saphier, you had quite an extensive shoulder surgery.

thanks for joining us. southwest ceo growing the opposition to covid-19 requirements for domestic flights warning it will put jobs at risk. todd: cheryl casone joins us with more. >> reporter: southwest the latest airlines words the federal government not to mandate testing for all domestic travelers. ceo gary kelly says it is raining the testing capacity would be costly, does the ceo do that? >> it would be a horrible idea. it will not keep the mystic fire safe. it would be a logistical nightmare, not just transportation and travel industry but the hospitality sector, the hotels set us back probably another year in recovery. jillian: us airlines carrying 1 million passengers a day.

jillian: gavin newsom has been heckled by recall supporters during a briefing. >> the governor was heckled by supporters during the covid-19 briefing in fresno. the crowd shouting recall in the background, organizing the latest campaign saying over 1.4 million signatures. close to what they need and the white house is paying attention. jen psaki tweeted in addition to sharing the commitment, from addressing the climate crisis, getting the pandemic under control, opposes any effort to recall gavin newsom. recall organizers responded when they have to call out the big guns like that they know there is trouble. had to get them to come out as more evidence they are in trouble.

todd: dave fortnoise is taking off a lot of people that is right. >> reporter: you are already starting in on this. he has created a pizza war on twitter, he tweeted this, the pizza capital of the united states is new haven, connecticut. anyone who says otherwise is wrong. everyone from new york, to new jersey at least on twitter, someone wrote the reason, you can blithely walk into 90% of pizzerias, your place is going to be bombed, governor mercy's offices it is the capital and also responded to calls to make pizza in connecticut, officials say food was just one word, no. the war is on but no more from dave fortnoise. jillian: i've not experienced new york city pizza in four years. todd: i grew up in jersey and new york and connecticut.

>> reporter: there 25 original - but you know. todd: cheryl casone, thank you very much. >> past the pizza, that is what i say.

jillian: president biden makes his first call with xi jinping layout a plan for us china relations. todd: he addresses concerns over chinese abuses. >> the first us china face-off of the new biden administration on the phone. joe biden met with xi jinping and got down to business calling out china for their economic practices.

he said he human rights concerns, beijing's treatment of hong kong democracy activists, referring to white house readout, president biden committed, when it advances the interests of the american people and those of our allies. the chinese military threat that was in focus, incursions into the south china sea where us ships were active as well. it was the central country mentioned in president biden's first speech at the pentagon. >> i was briefed on a new china task force. and the operational concept, technology and posture and so much more. the task force will work quickly across the department so we can charge a strong path forward on

china-related matters. >> sign's handling, a fairly friendly report from the world health organization team which just departed china, one who member fired up tweet at a skeptical white house that trust then verify. if you remember that is what we used to say about then soviet union. maybe that is what we need to say about china now. todd: the national anthem once again playing before mavericks game. jillian: mark cuban clarifying why he pulled the star-spangled banner, that story coming your way next.

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♪♪ todd: there you hear it, dallas mavericks playing the national anthem for their game after the nda mandate requires them. jillian: mark cuban says he didn't cancel the anthem even that was not played in the first two games of the season. carley shimkus is here to break it down. carley: one day after it was reported that mark cuban decided to cancel the national anthem he went on espn and told a very different story. >> during the first preseason game we decided not to play it and see what the response was, knowing we were going to have ongoing conversations. the bottom line is we always discussed we would have played it when fans came back but there

was never a final decision to not play the anthem. carley: doesn't matter anymore because the nba stepped in and said all teams have to play the national anthem before a game. texas lieutenant governor dan patrick announced a bill that would require the national anthem be played before all nationally funded events. i never thought i would see a day the national anthem becomes controversial in texas. jillian: it has been a long-standing league policy to play the national anthem. todd: a week on zoom starting with the cat. >> this is a filter. don't know how to remove it. i'm here live but i am not a cat. >> i can see that. jillian: who can forget that? now minnesota congressman tom ever adding to the hilarity. take a listen.

>> sole proprietor to the smallest of small businesses. >> will the gentleman suspend. i am sorry, mister ever? are you okay? >> i am. carley: i don't know which one i like more. he did eventually fix the issue. there must be something going on. no one can work zoom. jillian: we follow on our minds. we to we should not give credit to maxine waters or not? was she making fun or -- carley: to answer your question, he is not a cat and he is okay. jillian: attorney general leslie signed a letter standing up for pipeline workers next. shouldn't try at home...

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>> i don't want to draw unemployment. >> you want to work. >> our youngest daughter is a junior in high school. she is supposed to go to college, i don't know how i'll pay for it. >> we would be starting over. >> the best stimulus they could do for this country is keep people working. jillian: laid off keystone xl pipeline workers left out of work after president biden shut it down on the first day of office.

todd: arkansas ag leslie rutledge joins us now. we talked about how carley went to your great state. do you expect the letter that you wrote to go anywhere? >> we hope so. you heard from those who have lost their jobs or lost those opportunities because of president biden's decision to eliminate the keystone pipeline permit. these are great american jobs. also, it's great american independence had that jon is willing to throw away. jillian: let's take a look at some of the projections, before halted for the pipeline, 11,000 had been expected to been employed, including 8,000 plus union workers, 1.6 billion had been expected in gross wages and the white house's statement on this reads, quote, the biden, harris administration has proposed transformative investments in infrastructure that will create millions of good union jobs here in america. boost to the u.s. economy and advance our climate and clean energy goals. i think the problem here, at

least what i'm hearing from a lot of the people that carley spoke with, they're saying where are the jobs then? because you have the administration saying we're going to have jobs for people. but they're not getting them right now. >> that's exactly right. these people have lost their jobs, they're going to lose their jobs and joe biden's and kamala harris' plan is -- it's a green new deal. perhaps john kerry was on the carbon emitting jet when he came up with policy. it's not working for energy independence. the green new jobs they're supposedly creating, they're not creating them here in the natural state of arkansas and across the country. this is 14 attorneys general from across the country. we encourage our colleagues from across the aisle to join us in telling president biden enough is enough. we need the keystone pipeline for energy independence. todd: do you worry that these jobs are ultimately going to end up in quite frankly blue you

states that supported joe biden and that as a sort of political payback, you paid for my campaign, i'm going to put the organizations in my state that quite frankly your residents will have to move. >> we're worried they'll move to another state. we want americans to be working and we want the energy independence. we don't want to see it to go to some flash in the pan job that's not going to last with some new green deal that they're proposing. jillian: real quick, what do you think people don't understand about these jobs, about these projects, about the pipeline? >> these jobs are gone and it's going to cost americans more money. joe biden is going to take more out of your pocket, and he's going to put it into something that's not going to work and america is going to lose its energy independence if joe biden continues this road that he's on. jillian: ag leslie rutledge, thank you for joining us. we appreciate your time. >> thank you. todd: make sure you download the fox news app, open your camera, scan the qr code at the bottom of the screen.

jillian: set your dvr, 4:00 a.m. eastern every morning so you never miss a minute of "fox & friends first." with that in mind, anything else to say. todd: that brady video, if you haven't watched it, take a look. live like brady at least once. jillian: "fox & friends" starts right now. >> house managers spent much of yesterday laying out a detailed time line of the attack on the capitol. >> they don't have any evidence. >> another swing and a miss for them, the second failed impeachment. >> the biden administration holding a tent city in texas to handle the influx of illegal immigrants. >> we need time to put in place pros of he'sing at the border. >> there were quite a few people the that voiced fears that national an them does not fully represent them. >> we've forgotten about the country we are in america. >> more than a dozen republican states attorneys general are blasting president biden's job killing executive order. >> your decis