shannon: a fox news alert top republicans slamming new york governor andrew cuomo as a stunning report claims the administration purposely hit data on nursing home does, the push for a federal investigation. >> impeachment showdown in the senate, donald trump's defense team taking the floor today. >> a. not only. either you can't do what you him guilty, no middle ground, no possibility of what is it inappropriate.

todd: republicans say there is less support for convicting trump than ever before. shannon: start your engines, the daytona 500 is this weekend on fox and florida at of the great american dream. "fox and friends first" starts now. ♪♪ todd: really appropriate song for the daytona 500. jillian: ashley strohmeyer is in florida. i wish we had that fireplace. todd: you are watching "fox and friends first" on friday morning. jillian: republicans call for andrew cuomo to be removed from office after the new york post reports one of his aides admitted covering update on nursing home death. todd: more on this bombshell

report. >> reporter: a stunning admission, covid-19 nursing home death higher than previously thought, 15,000 nursing home patients have died from covid-19 new york state according to the associated press. that is a 40% jump. secretary made comments about higher totals during a video call to stay democrat leaders trying to explain why the actual numbers were withheld. it directs the department of justice to do an investigation, basically froze because we were in a position that we weren't sure if what we were going to give to the department of justice or you guys was going to be used against us. we weren't sure there was going to be an investigation. that played a large role into this was the revelation led to calls for swift action, quote, the second most powerful person in state government and top and the governor cuomo admitted on video to the premeditated and willful violation of state law,

what clearly amounts to obstruction of justice. andrew cuomo has abused his power and destroy the trust placed in the office of governor, prosecution and impeachment discussions must begin right away. january 20 ninth the governor addressed nursing home deaths in an interview. >> whether a person died in a hospital or nursing home, the -- people died. we are below the national average in number of deaths in nursing homes but who cares, they died. >> in a stainless both of her in-laws after they were sent to nursing homes with covid-19 at the height of the pandemic. >> we have an admission. i would like to thank whoever the democratic lawmaker was that was the leak yesterday that gave us that information because i

believe all of them should go to jail. there has to be an independent bipartisan investigation now with subpoena power as we need to see these people on the stand with a jury, with us, the people that lost their loved ones in the audience to see them tell the whole truth and nothing but the truth. >> governor cuomo will be meeting with president biden today to discuss the american rescue plan. todd: to capitol hill where former president trump's lawyers will make the case arguing the 40 fifth president did not incite an insurrection at the capital. >> reporter: griff jenkins live in washington dc with more on the trump team's strategy. >> reporter: after the house impeachment manager spent the last two days in the course of 12 hours laying out details and emotional case that donald trump is guilty of incitement to insurrection. >> if you don't find this a high crime and misdemeanor today, you

accept a new terrible standard for presidential misconduct. >> impeachment is not to punish but to prevent. we are not here to punish donald trump. we are here to prevent the seeds of hatred that he planted. >> reporter: is trump's legal team takes the floor look for them to focus on the former president's language before the ride which they say will expose hypocrisy on the part of the democrats. >> a false dichotomy. it is a powerful speech, when he uses the word fight it is clear he's talking about legislators fighting for our rights, people fighting to advocate. >> reporter: the head of today's rebuttal, trump's lawyers mess last make with key gop senators and discuss strategy as the simple matter of math is on their side. >> in order for donald trump to

be convicted it takes 67 votes. there is no chance whatsoever there will be 67 votes to convict was all 100 senators know that, house managers know that, everyone in the room knows that. >> 17 republicans will have to cross the aisle to hit the democrats magic number and no indication that many are willing to vote against trump although minor leader mitch mcconnell has instructed his members to vote their conscience. defense is expected to only spend one day making their case so this will head into the weekend. we will find out if any witnesses will be called and senators will have an opportunity to ask questions before lawyers make their closing arguments. todd: governor rhonda santos blasting the biden administration for domestic travel ban for some states that could include florida. >> restricting the right of americans to travel freely

throughout our country while allowing illegal aliens to pour across the southern border unmolested would be a ridiculous, but very damaging phares. it would not be based in science which would purely be a political attack against the people of florida. >> reporter: the miami herald says the intent is to limit the spread of highly and contagious covid-19 variance. marco rubio says the idea of a ban is unconstitutional on its face. >> trying to punish florida, they are embarrassed by what florida has done, it hosted the super bowl with actual people in the stands, predictions about florida didn't come true and they have to come up with something. at the southern border with a child you will be allowed into the country and to stay, you may ever show up, if you're an american citizen living in florida that wants to travel they will put some form of

restriction in your way, is clearly unconstitutional. >> the white house says no decisions have been made that would change domestic travel. >> reporter: president biden considering ending the trump administration's remain in mexico policy, it would allow migrants into the us to apply for asylum after a health screening. it comes as president biden ends the national emergency declaration that donald trump put in place to fund the border wall. 3600 troops will remain at the border through september to help agents. >> reporter: police release these photos of two persons of interest in the search for a stolen funeral home van. it was stolen from the gas station parking lot after it was left running and unattended. the van is a white nissan with william c harris funeral details on the side. jillian: six that it doesn't hurt after icy conditions led to

a massive pile up in fort worth, texas. 130 horrors were involved democrats, first responders frigid temperatures to pull people to safety as winter storms are expected to hit the country impacting 20 million americans over the weekend. airlines delaying 1200 flights, temperatures are expected to dip to record levels in kansas, oklahoma, texas and arkansas. >> the cdc expected to. guidance reopening schools, this comes after white house press secretary jen psaki revealed the president's plan for school reopenings. >> his goal but he said is to have the majority of schools, more than 50% open by day 100 of his presidency and that means some teaching in classrooms. at least one day a week, hopefully more. >> that got a lot of attention. jen psaki pressed on parents perception. >> why should we be satisfied with that? >> they shouldn't be. i wouldn't be as a parent and i am a parent.

>> jen psaki went on to say that is just the starting point and will not be celebrated when accomplished. as for the actual guidance it is expected to focus on medication through masks and distancing through vaccination for teachers and classifies schools based on transmission rates with red being most severe. jillian: the defense team for donald trump makes the case in the impeachment trial. >> i think if you analyze that speech, under no circumstances could be incitement. it is a powerful speech. >> reporter: robert charles served in the reagan and bush 41 administration that he joins us to break down the arguments and impact of impeachment on the nation next. todd: why can't the giants get players like this? watch this and don't mess with texas mom. one woman's takedown of a suspected peeping tom, the video everyone is talking about

including nfl scouts. "fox and friends first" on friday returns. ♪♪ ♪♪ making me a fighter ♪♪

>> it is a powerful speech. he's talking about legislators to advocate. >> day 3 of donald trump's impeachment trial wraps up as democrats link his words to the capital writers actions. todd: writers who broke into the capital, robert charles, great to see you. democrats are winning the

theatrics, and are they losing on the law, what you need to prove incitement? >> they are. the iron is generally speaking liberals have argued effectively over the years for free speech, this is the law. 46% of senators that sits right now i lawyers and study constitutional law, it is 1969 case of specific intent and you need specific intent to direct lawless or criminal behavior and the specific crime has to occur in that direction. none of that occurs. if you criminalize free-speech, make the argument they are

making, you have effectively done that everywhere. last summer through 2020, democrats arguing for unrest in the streets. nancy pelosi called for a nationwide uprising and maxine waters get up in people's faces. is that free speech disallowed? even if 10,000 people were arrested in 25 killed, as a direct result of a lot of the upheaval last summer. there is no criminality so consistent application of the same standard means the president is not guilty. there is no constitutional -- there are other constitutional problems here. jillian: how does this look on the world stage? >> great question. that's the question of the hour. the sadness to me is most people

were paying attention, even though they saw the events, the speech and heard the rancor it looks like a show trial. i spent my time in government and argued strongly that due process does matter. around the world human rights depend on not having show trials. in artificial crime, created something out of nothing because it is politically advantageous is what the legitimate governments do all over the world. the principle is a show trial. in a place like china doing show trials, we just don't believe in that. it makes a mockery of the constitution. the notion of using the fourteenth amendment directed at keeping confederates out of government as a backup plan, it looks very political. todd: you heard democrats complain the senators who are jurors in this case on the president's legal team, this

video was edited. would not be admitted in a court of law. if this were a court of law with this case have been thrown out by now? >> it would have been thrown out, motion to dismiss at the beginning and it would have been thrown out on summary judgment. jillian: thank you for that insight. todd: even though jillian's question was a great question, number 2, we will fight about this in the break, mike dropped, really appreciate it. still had miami herald reports the biden administration could band a mystic travel but that won't fly in his state. >> it would be unconstitutional, unwise and unjust. todd: florida state senator ways in the next. jillian: abe lincoln was never

quite this cool, this snowy tribute to the former president. we will tell you about it. ♪♪ larger-than-life ♪♪

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>> it would be unconstitutional, unwise and unjust. restricting the right of americans to travel freely throughout our country while allowing illegal aliens to pour across the southern border unmolested would be a ridiculous and very damaging farce. jillian: florida governor ron desantis slams the biden administration after miami herald report suggest the white house is considering domestic travel ban to stop the surge of the uk variant of the coronavirus. thanks for being here.

appreciate your time. let's take a look at the numbers here of the confirmed uk covid-19 variant cases in florida, 343 right now. what is your response to this idea of a potential travel ban to >> in florida we take that as an insult. we have been doing better than most problem states, we are doing the best in the entire country with covid-19. the president's concept of shutting down domestic travel, the governor is spot on, unconstitutional, would shut down our economy. our economy in comparison to others, we left businesses open the best we can. it is important to protect our citizens but this one on accomplish anything. with all due respect, allow

florida to do its business the way we have, business first. jillian: this quote from jen psaki, quote, notices that been made around additional public health measures that would delay or change domestic travel consideration. if you recall, early on in the pandemic, governor ron desantis issued an executive order requiring travelers from new york, connecticut and new jersey to isolate for 14 days in florida, some point to that, others say he still letting them come to florida, just need to quarantine the wasn't exactly a travel restriction. >> it was a precaution. the government and those states was not properly protecting citizens and just coming from florida to protect those here in the state. was we were trying to say is not the president's strategy, to

completely shut down the economy. shutting down certain people from coming to the country and add to the states of florida. i am not sure why he is doing that, specifically pointing out the complete opposite. jillian: i would be remiss if i didn't point out florida has been open and a lot of people have been pointing to florida as examples on how to do certain things. people might ask, we are seeing this surge of this uk variant in that state. >> it is not about the surge, minnesota or wisconsin, everything has to be relative.

tourism when it comes to the reason the economy is gorgeous and the reason we have more cases than wisconsin but that is not a good comparison, look at the state, and on the other hand allowing illegal immigrants, undocumented individuals into the country -- need to be treated with respect. screening individuals on the border, for covid-19, they visit our country on a daily basis. instead we send checks. now we want to shut down travel to one of our own states. jillian: a fair point, thank you for joining us, have a good day. todd: president biden says he will take a tougher stance on china. >> we spent a lot of time to

gather over the years. todd: heard that in a different context. gordon chang said to practice what he preaches we need to act fast. when you have a two-inch lift. when you have goodyear duratrac tires. when you have rancho shocks and an integrated dual exhaust. when you have all that, the last thing you'll need... is a road. the chevy silverado trail boss. ready to off-road, right from the factory.

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todd: republicans calling for andrew cuomo to be removed from office after one of his eighth admitted to covering of data on nursing home death. >> according to the associated press, 15,000 nursing home patients died in new york state up from 8500 previously reported. >> comments about higher totals during the video, trying to explain why the actual numbers, a lot more on this.

>> president biden's order to shutdown the keystone pipeline cost more jobs for all your workers. todd: carley shimkus on the meeting with president biden. carley: more jobs on the line as a result of president biden's executive order. in mobile alabama, tasked with instructing piping for the keystone project, the company forced to cancel a large portion of that order and as a result 100 people facing layoffs, furloughs, reductions in hours. the number of temporary workers have been let go. this as the ceo of an energy company pleads for a sitdown with president biden saying rural americans are being overlooked. >> we are soon to be forgotten, to get the word out that they, improvements in businesses based on what they thought was coming

and gone. they can't make the payments, i want somebody to listen. instead of everybody just saying it is done. >> reporter: keystone xl made be just the beginning, dozens of high-powered liberties writing a letter to the president demanding he shutdown the dakota access pipeline as well but many of them not concerned about the climate when it comes to their own luxury travel. leonardo dicaprio using a private jet to pick up an environmental award in 2016, chris evans, scott johansson, amy schumer, chelsea handler signed a letter of all been known to fly private as well. a double standard that is not lost on one of the pipeline workers who just lost his job. >> these people made a living, they portray fictional characters on tv. i represent real america. let me worry about the pipeline,

you worry about making movies. jillian: the average price of gas hitting 12 month high due to covid-19 recovery as well as rising oil demand globally. neil: world health organization chief, the origins of the coronavirus need further investigating after the team says it is unlikely it started in a lab. the media presses the biden administration on holding china accountable. >> there has been concern about lack of transparency and more information we need to make sure it doesn't happen again. >> any interest in punishing china for not being truthful with covid-19 last year? jillian: senior fellow gordon chang, great to see you, thanks for being here.

let's get your reaction on the origins of covid-19, quote, the introduction through an intermediary host species is the most likely pathway, laboratory incidents is extremely unlikely to explain the introduction of the virus to the human population. your response? >> the who commission which wrapped up came up with an explanation that doesn't make sense. they spent a grand total of 3.5 hours at the wuhan institute of virology, how could they have made that determination especially if they go there one year after the chinese general who described as china's top weapons expert cleaned up the lab and this idea of transfer from animal to human doesn't make much sense, the british medical journal made clear because the first coronavirus

case in china had no connection with the wet market where this is not a transfer was supposed to happen. many of the initial cases have no connection with that wet market. there's a lot we don't understand and the who should not be ruling out scenarios. >> don't know many people who can clean their own house in 3 and half hours much less perform a detailed scientific investigation. president biden says china will eat our lunch after downplaying the threat in 2019. >> china is going to eat our lunch? come on, man. they are not bad folks. they are not in competition for us. i was on the phone for two straight hours with xi jinping. >> that lunch line uttered in two different circumstances is a flip-flop, the definition of a flip-flop. does that give you newfound confidence that biden is on to china and is going to do whatever it takes to make sure that the us comes out on top?

>> many of the things biden has been saying since he has been president are quite robust on china. things that he is doing is very distressing. he has been giving so many gifts to china and we haven't been getting anything in return. i too hope the actually will start to pay attention to what china is doing it to make some investments in the technology and also impose costs on china for spreading the disease to the united states. we will have to see. right now biden says one thing and does another and that is not a good sign for the american people. todd: how important is it that president biden is tough on china from the beginning? people make the argument with each day that goes on he's not being force for tough with china, king they would get away with more things? >> you put your finger on

something important and that is the chinese think they can push biden around. we know this, those people may not be right, the chinese are very arrogant right now in doing things that will be dangerous. on january 20 third with nuclear capable bombers practice an attack on the roosevelt carriers in the south china sea. those are the things that can start conflicts. he needs to tell the chinese in no uncertain terms they can't do this, we might be in conflict with china. todd: is at some other person? we don't know yet. check out the great us china tech war. congratulations on the book and thank you for joining us.

jillian: us marshals offering a $5,000 reward for information leading to the arrest of the person of interest named in the killing of a grad student. kevin j was shot and killed last week. police are searching for kim, who could be staying with friends or family in the atlanta area, he is armed and dangerous. todd: charges dropped against a buffalo police officer pushing a 75-year-old man during a protest, assault charges against officers robert mccabe and aaron towardgolfski, shoving them into the ground fracturing his skull. the man has recovered from his injuries. todd: this mom in texas goes mama bear on a suspected peeping tom, tackling the man she says she can't peeking into her 15-year-old daughter's window, that was captured on dashcam. the suspect, 19-year-old vein harkens tried to run away from

two offices, she took matters into her own hands with that bone crunching hit. todd: police is her perfect tackling form. this is pretty cool too. a new jersey man constructed a replica of the lincoln memorial out of snow. robertshaw built the statue of honest abe, it took 60 hours to build and getting the attention of the paper, how could it not? look at that. is pretty impressive. still ahead democrats working overtime to push a $15 minimum wage hike into the covid-19 relief bill. jillian: nascar fans counting down to the daytona 500. ashley strohmeyer is on that. >> reporter: coming up in a

couple minutes, differences from this year's daytona 12 years past. we will show you that in a couple minutes. ♪♪

jillian: the biden administration is attractive ask a 300 million americans by the end of july. the president announcing a deal for 200 additional doses of pfizer and modern's fixing, to 600 million doses by the end of the summer, the cdc says 32 million americans received one dose of the coronavirus vaccine. todd: democrats digging on their push to increase minimum wage to $15. nancy pelosi promising away take in the covid-19 relief package. >> $15 minimum wage -

>> very proud of that. todd: pelosi hopes to pass the $1.9 trillion bill in the next two weeks. 32 after the hour, down to florida, the daytona 500 this sunday, the 60 third running of the great american race starting off the 2021 nascar season. jillian: ashley strohmeyer has more on the race. >> reporter: at the daytona 500, not going to lie, the weather is a little nicer than it is back home in new york. the annual daytona 500 will take place this sunday at 2:30 p.m. eastern time. dean hamlin is looking to win his third straight daytona 500, the first to do so and 63 year history of the race.

the daytona dual qualified races, 7:20 p.m. thursday night. eric won the personal giving them the number 3 spot for sunday's race, driver alex bowman and willie byron start on the front row in daytona, 37 other starting positions for the 2021 daytona 500 were determined in thursday's dual. there will only be 30,000 tickets allotted for this race, usually 102,000. the stands will be different, not only that but the same story, you have to wear a mask, they will be streamed with temperature checks, and as i said a mask is required everywhere you go and it will be the largest since covid-19 began, usually they have stand on the finish line but no fans as daytona is going to paint

tweets online. fox nation teaming up with racing, i spoke to the drivers how they feel about the partnership and what it means to be driving in the 500. take a listen. >> i'm excited to take this and have fox nation this weekend. >> they will come together and watch great racing, paint this amazing picture of what it is like to have fox nation as well. jillian: it is interesting because the first daytona 500, it is pretty to get different viewpoints and fox nation, it is all american coming up in the 5:00 hour, you will hear from

what they say about beating red, white and blue. >> pretty neat. >> download the super6 apps and play for a chance to win 10,$000, predict 6 outcomes, the super 6 quiz show, download the super 6 apps now. todd: the white house wants to study those displaced by climate change but where is the helper pipeline is whose jobs were displaced? >> giano caldwell to react. ♪♪

>> donald trump gave the chinese government an opening to create a false equivalency between hong kong are is protesting for democracy and violent insurrection us trying to overthrow it. russia has also seized on this attack against our government, they are using donald trump's incitement of an insurrection to declare that democracy is over. >> democrats like congressman joaquin castor arguing trump's inside with of the capital right alleged in the statement damage the credibility of the united states that is impeaching the former president restoring it? giano caldwell joins me, earlier in the show, how is the impeachment itself helping or hurting our credibility in the world? >> we know it is political.

covid-19 situation is out of control, so many states shutdown and trying to get vaccinated, an economy that needs to rebound and democrats of chosen what they believe the priorities are and that is to impeach a former president, not just impeach him but invite him as well. this is disingenuous on so many levels the things they say they wants to do in terms of uniting this country. these efforts show they are not about unity, they are about destruction. hard to believe anything out of the democratic party especially in congress and this is going to be a key example why people vote to put republicans back in charge in 2022. todd: a biden executive order, a study on resettling those, quote, displaced by climate change, putting aside exactly what that means and how you

would do that i am questioning, what does he think of those who were displaced by the keystone xl pipeline order, those 11,000 people who all of a sudden woke up one day at the stroke of a pen and don't have a job anymore. >> individual impacted by the decision of joe biden or neil cavuto's coast-to-coast show, people like aoc and joe biden are laughing at the fact that they don't have a job now. it is reported that there are over 11,000 people impacted including 8000 union workers totaling over $1 billion in wages and that is just what we know has been reported. it is much more expensive than that. the first week in office joe biden decides to lay off thousands of americans. that is not the president who's going to build back better but is going to destroy what has already been built, you can create jobs, that is fine but at

least protect those americans who need it, they have nowhere to go. >> your home state of illinois making news, the board of education voting on a new, quote, culturally responsive teaching standard that would enforce educators to embrace and encourage progressive viewpoints. look at what the illinois profamily alliance had to say on this, quote, this requirement will create potential conflicts with deeply held religious convictions of teachers, parents and students, not all teachers will be able to comply with the new standards without violating their conscience. putting aside, how is this preparing kids to go to the working world and be adults and earn a living? >> they should let the individual make their own decisions like any good journalist and they are

encouraging teachers to teach more aggressive educational curriculum is not just disappointing but brainwashing kids at this point, teaching them the point of view you think is appropriate versus allowing people to have individual skills that make them decide between good and battle right and wrong and in accordance with what they have been taught, this is something that is going to drive many people out of the public school system and people go into private schools where they can be taught, what is your point of view and what do you believe is the right course of action? it is disappointing to use tax dollars to enforce progressive line of thinking on students. >> if there are not already private schools because covid-19.

jillian: the biden administration builds a tent city to handle influx of migrants, a border crisis is lillian restaurant owner by diane officer by night, lawrence jones introduces us to the hard-working american and the struggle he faces with the pandemic and the anti-police climate still to come. hey, i just got a text from my sister. you remember rick, her neighbor? sure, he's the 76-year-old guy who still runs marathons, right? sadly, not anymore. -what, you mean-- -mhm. -just like that. -wow. so sudden.

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todd: fox news alert, slamming andrew cuomo is a stunning report says his administration purposely hit data on nursing home deaths. jillian: a showdown in the senate, donald trump's defense team takes the floor today. >> either you condemn what he said and find him guilty, there is no middle ground, no possibility thinking what he did was inappropriate. jillian: why republicans say there's less support for convicting trump than ever before. todd: ladies and gentlemen, start your engines, the daytona 500 is this weekend on fox, we are live in florida. "fox and friends first," wrapped up and started. we continue right now.