♪ the calming scent of lavender by downy infusions calm. laundry isn't done until it's done with downy. shannon: it is thursday march 2, '05, fox news alert, stunning new report claims governor andrew cuomo ordered officials to give his family priority for covid-19 testing, the governor denying the preferential treatment. steve: kamala harris said this about the border. >> do you plan to visit the border? >> not today. >> reporter: now the biden team's point person on the migrant surge. we are live in washington.

>> something that is out of this world, researchers assembling 12 bottles aged in space. "fox and friends first" starts right now. ♪♪ jillian: i think i would try ones anywhere. steve: think i would too was a glass of space wine, whether it is red or white. good morning, you're watching "fox and friends first" on thursday morning. steve: we start with a fox news alert, new allegations against new york governor andrew cuomo. and the report says he gave his family special access to covid 19 testing at the start of the pandemic.

>> according to that report from the times union governor andrew cuomo more or less let his family skip the line when it came to testing. he and doctor howard zucker gave the order. that would be a violation of new york's constitution which bars state officials from using their position to gain privilege for themselves or others. chris cuomo and his family, the governor's mother and one of his sisters allegedly got priority for covid testing. a report in the new york times says it mostly happened in march of 2020 and the seriousness of the virus was still becoming clear to the broader public and testing was not widely available. when asked if top health officials could be questioned on the issue, new york health

department spokesman said, quote, you are asking professionals who took an oath to protect the patient's privacy to violate that oath and compromise their integrity. this is just the latest scandal to hit the embattled governor, yesterday cuomo sparred with reporters over concerns about staffers still working for his office accusing the democrat of sexual harassment. when asked to respond to critics who say you can no longer do his job this is what cuomo had to say. >> it is clearly not true. the reality is the exact opposite. there are always multiple situations to deal with. >> state lawmakers voted to appeal immunity protections granted to healthcare facilities. >> thank you. another fox news alert, a condo building is evacuated as authorities reportedly remove two pipe bombs, sources tell our local affiliate officers discovered the devices when looking at hazmat situation inside a unit where a man died yesterday morning, no word on the cause of death. the boulder mass shooting suspect will make his first court appearance today. he's expected to hear the pending charges but will not be asked to enter a plea until a later hearing.

hundreds of people lined boulder street for processing to honor eric talley. the men and women in blue honored the heroic officer. boulder mayor sam weaver spoke with president biden about the tragedy. >> he feels the pain that boulder rights of experienced, he sympathizes with our loss and he intends to work with us to try to bring change to the laws that govern the weapons that killed people and our community. >> the fence that surrounds the grocery store has become a wall of remembrance for the 10 people who lost their lives. now to a big update on the border crisis. president biden appoints vice president kamala harris as the person in charge of curbing the migrant surge. live in washington the administration confirms 16,000 migrant kids are now in custody. good morning. >> those numbers continue to

rise just like donald trump and his vice president in charge of covid 19 president biden put his vice president in charge of this surge at the southern border of the united states. president biden made the announcement yesterday with vice president kamala harris alongside also his health and human services secretary and department of homeland security secretary to talk about that surge at the southern border. i want to put up some graphics, the latest numbers from the administration shows 16,513 unaccompanied children in health and human services and customs and border protection custody as of yesterday. 2897 confirmed cases among those unaccompanied children, 319 unaccompanied children tested positive the remaining medical isolation. big news report, none required

hospitalization for covid 19. >> it started with the last administration, we have a responsibility to deal with it humanely and stop what is happening. >> for the first time an independent news organization was allowed inside to look at one of the processing facilities in texas, to show the american public what the facilities look like. jen psaki said the facility is what the administration wants all of them to look like. >> access to the facility, there is an actual problem. >> we are open to providing access there and this is just the first step in the process. these facilities can't become forms for media access all day long.

>> the white house is saying it is aspirational, the big news today that we are covering on fox news live, president biden will hold his first news conference as commander-in-chief at 1:15 in the east room and you can bet the border will come up. shannon: thank you. senator lindsey graham introduced legislation to reform the current border policy. he says of the biden administration doesn't make changes soon it will be a dark stain on his presidency. take a listen. >> this is a nightmare along the border. how do you fix it? go back to the trump policy of telling unaccompanied minor that if you come to america you will go back home, you're not going to stay here. if you want to seek asylum in this country you have to apply outside of america you are not going to be released inside the country hoping you show up for 5 years later for your court date. if you do those things which my bill does this. in about 2 weeks. if you don't do this it will never stop. we will be undoing the immigration policies if they don't change course. shannon: senator graham is among the senders heading to the

border tomorrow. fox news alert, north korea firing two short range ballistic missiles into the sea near japan. the rogue regime's second missile launch this week. they are the first ballistic missile test by north korea in nearly a year. and the first under president biden. the us military command unit releasing a statement saying this activity highlights the threat north korea's illicit weapons program poses to its neighbors and the international community. a us marshall shot in a gunfight in ohio, violent fugitive ran out the front door and was injured in the shooting and reportedly in critical condition. he's wanted in virginia for aggravated robbery. is expected to make a full recovery. a police chase comes to a fiery end, flies off of the freeway

outside los angeles. the suspect's vehicles erupt in flames after landing upside down in a parking destroying other cars, also took out a transformer and a power pole. he is in custody amazingly with no injuries. you could say these researchers are on cloud wine, spent a year in space. bottles of merlot were aboard the international space station along with grapevines as part of an effort to make plants on earth more resilient. researchers say that out of this world wine has leather and campfire aroma and the burnt orange taste. carley: don't know what that has to do with climate change but i am okay, they know more than me. it is 9 minutes after the hour.

la firefighters race to rescue people trapped on the roof of a burning building, that story straight ahead. jillian: covid 19 can't break this bonds, a couple married more than 70 years you and i for the first time in a year. ♪♪

>> you plan to visit the border? >> not today. >> the most qualified person to lead our for with mexico and the northern triangle. and countries that need help with the movement of so many

folks stemming migration to the southern border. jillian: president biden tapping vice president harris, as there's an unprecedented surge of the southern border. here is what it might cost to keep up with this surge for the immigration site. good morning to you. the average american new how much this is costing they would call washington screaming. do enlighten us. >> it is tremendous. not only is this making a mockery, causing public safety problems but the cost is enormous, the cost of processing new arrivals arriving by the hundreds especially families and kids for the most part being released, we don't have all the numbers from the biden administration but we do know

that ice has contracted $86 million worth of hotel rooms to accommodate this overflow in addition to the residential centers i already operate where people stay weeks at a time. these residential centers offer food, clothing and recreational programs, healthcare and schooling to all these new arrivals and that, most scholars think it is about millions a day, several million dollars a day. that doesn't count the cost of the resettlement of these families and kids in communities all over the country where they want to go and join friends and family. then we are faced with the cost of enrolling these kids in the public school system, with the special programs, special

teaching assistants, what that involved so it is a huge unfunded mandate for state and local taxpayers primarily. >> what makes someone qualified, she is the vice president, she's qualified to do a lot but what makes someone qualified for this role in particular when they haven't yet visited the southern border since taking office? i would think you would want to go down there and see firsthand, recently, not in the past but recently what is going on. >> no substitute for seeing what is going on in person and seeing the facilities that are needed to accommodate them. i've been to some of the family residential centers, she needs to go down there and see what is happening. it is not clear she ever did that when she was in california, in second window, making california a sanctuary state. that's one of the reasons people are coming here now, many of them settling in california, they heard through their

networks that what they have waiting for them in places like california and the eastern seaboard, texas and so on so she needs to hustle on down there and get a look at this because this is going to be a problem that is going to fester and get worse if not addressed very quickly. they need to use them. shannon: when do you think she will go down there? shannon: good question. i don't know. he doesn't seem to be in much of a hurry to do it. shannon: she will serve as diplomatic liaison between the us in talks with mexico, guatemala, el salvador, honduras, try to figure out the root cause of immigration but if you ask illegal immigrants were coming over here, it is because of president biden's lenient policies at the border and typically when you get in conversation with those countries it ends up being a financial cost to the us,

sending money to those countries and a lot of times people themselves don't even see it so that's another financial cost that may not actually address the cause of illegal immigration. >> exactly right. this started after election day in november when migrants started searching to the border, expecting joe biden was going to let them in and they were right, they knew this. our researchers were talking to migrants then. she talks to migrants, that is what she will find out, they are coming because of the policies and we can throw all the money in the world at countries in central america and it's not going to change a thing as long as we are letting everyone in at the southern border. shannon: thank you for joining us, have a good day. steve: still had california has long been a democrat stronghold but could the blue states see a red wave?

california senate candidate elizabeth hanks says republicans can win the golden state, she will explain how next. a police team find itself in the middle of the feeding frenzy. a close encounter with the shark feast. ♪♪

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so you say there is hope for republicans in california and you're basing this on the 2020 election. please explain. >> if you look at the 2020 race a key component we need to look at is there were major outside the presidential race major wins in a deep blue state. look at the winds we had, we had congressman kim, michelle steele, congressman david, the first time california republicans have won over a democrat incumbent since 1994 and i do believe we are seeing a breakdown in the block voting

dems have nationally pinned their hopes with american minority voters in these individuals that won these races were able to break through and if you look at young kim and michelle steele were korean american they were able to break through the minority voters in targeted states, targeted seats. on top of that, david is portuguese, was able to win in a district that had monday% latino in a tough election year. we are really seeing how there are these pockets that republicans are able to break through. jillian: and a lot of anger towards governor gavin newsom because of his coronavirus restrictions. i remember reading over the summer about a record number of people who were fleeing california because of politics and the restrictions and high

taxes as well. >> absolutely, californians are furious. if you look at 2021, our giver gets recalled, our businesses have been shuttered, everybody has a neighbor, a small business that has been decimated and closed. if you look at the school system we still are in shutdown and children are not being able to go to school and it has been a full year. people are fleeing the state because of high taxes and it has been absolutely unacceptable. this 2021 we will see a revolt with recalling our governor. >> 311 days of california stay-at-home orders. tell us about your race, you are running against alex who is replacing vice president kamala harris. >> i just announced a few weeks ago and i'm ecstatic about the

outreach we had across the state and the country. people do not want to take california's bad policies that individuals such as governor gavin newsom has applied towards california to washington dc. alex padilla was appointed by him and is taking a lot of the same policies nationally and we can't have that. jillian: thank you so much. thanks for having me. jillian: governor cuomo facing another scandal is a new report claims he put his family at the front of the line for covid 19 testing as new yorkers push to lift 11:00 pm curfew. one lawmaker and business owner join us live. ce

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>> new allegations against andrew cuomo, the times union reporting cuomo gave family special access to covid 19 testing jen psaki the pandemic which be a violation of the state's constitution. family members including his brother chris cuomo got priority testing. this is just the latest controversy for the embattled governor amid sexual harassment allegations to nursing homes's and his slow rollback of coronavirus restrictions. restaurant of islamic is questioning the government to end the 11:00 pm curfew. joining me now is restaurant owner patrick mcnamee and we will get to 11:00 pm curfew conversation in a moment but i want to start on cuomo's reported special treatment for family. what do you think of this new information we are learning? >> thank you for having me.

if these allegations are true, i saw the report last night it is just another hit against the governor's office and his reign as new york state governor. it brings into question their ability to lead this state. i call for the governor over a month ago to resign or face impeachment trials and i think at this point of these allegations are true it is just another hit against his office and leading the state. >> according to this article in the times union it says there is a senior advisor to the governor that says in the early days of the pandemic senior health officials what often drive to people's houses in rochelle. that was the epicenter of all this to do testing. that is the stand they are taking this morning it looks like. we will follow this because part of the question is where you using certain public officials to do this so still a lot of questions. in the meantime let's talk about

the 11:00 pm curfew that is going on and i want to bring you in as a restaurant owner, you on a bunch of them in the new york city area. how his disaffected you? >> 11:00 pm doesn't cut it. we have a lot of bills to pay, water bills, taxes, a lot of employees, to make more money, the ppp money, it will be a long road toward recovery. >> it would be worked, a lot of people who are essential personnel to that awful scene, nurses, doctors, different officials, on any given day this

would otherwise be packed. >> our businesses between 11:00, and 4:00, people who finish their shift, front-line workers, fdny, nypd, hotel, restaurant workers who come in and have a great time and afterwords hitting the diner afterwards, the restaurant on the way home. shannon: why are you calling on the governor to end this curfew. it has gone on longer than a year since the pandemic first started and in a lot of areas, new york in particular business owners are having a hard time, trying to get back on track. >> i agree with you and a lot of these businesses count on that time. go between 11:00 to 4 am to keep their businesses running. that is when they get busy and see a lot of their foot traffic essentially.

i grew up in a restaurant. my mother owned a restaurant, a small business owner, so i understand a lot of the struggles they are going through and it is hard to make ends meet normally in normal times, no less with the pandemic, makes it that much harder and the 11 perfect -- curfew is arbitrary, obviously coronavirus does not stop or start at 11:0 one at night. when you have the bowling alley opening, pool halls opening that are able to stay open at a certain time at different capacity i think it is unfair, no longer following the science. i grew up in a small business, it is about time this administration and the legislature get back to work and park boulevard is just as

important as park avenue and mainstream bayshore is as important as wall street. these people have to get back to work. keep their businesses open, provide for their families, done everything we do. and at this point it is our job, to do what is best for them. the legislature can vote on our resolutions and it has been 21 days since we took away the governor's powers of the legislature to this point failed to act on those and not changed one role and we have constant bills going in they bring to the floor and vote on to save the small businesses. >> not everyone needs dinner at 5 or 6:00 pm. i'm an example of this. i eat dinner at 11 am because of the schedule i work, people working night shift, a lot of those, front-line workers who if they want to grab a quick bite or drink after work they can't do that. what would you say to the governor if you were to have a conversation with him?

>> need hours to survive. a lot of places will fold up this year. it will be another couple of hard years of it. until 2 am >> even 100%, there is no hotels, the theater is next door. how are we supposed to survive q 40 seventh street, through the lincoln tunnel over new jersey, 15 minutes later to 3 am, makes no logic. shannon: keep us updated on your businesses and legislation, we appreciate your time, have a good day.

let's get to this. a community mourns a fallen firefighter in new york, jared lloyd sacrificed his life to save others when he ran inside a burning nursing home. he became trapped in the flames trying to get people out of that building. and official praising the firefighter for his bravery. >> the loss is devastating, no other way to put it. the heroism will never be forgotten. >> reporter: go fund me for his two sons has raised 230,$000 in less then 24 hours, that happens the bridge lighting up in red in honor of the fallen hero. a jeffrey epstein accuser slamming kamala harris over her decision to appear with former president bill clinton at her event on women empowerment tweeting she's asking clinton

how to empower women? wrong person. what should be asking him is what was clinton doing on epstein island in private jet 27 times, clinton has previously denied flying on the convicted sex offender's private plane. to the roof of the building on fire in downtown los angeles, the flames separating them from the ground level leaving no other option but up. firefighters were able to rescue some of the people before the fire was knocked out, the rest of the group managed to escape down the stairs, no one in that situation was hurt. take a look at this. a shark feeding frenzy is caught on camera by a police dive team in florida, the sarasota police department says the video was captured during offshore training. no one was hurt but officials say they got out of the water because it looked like something off of national geographic. nothing could break this bond.

a couple holds hands and embraces for the first time in a year. francis and roberta have been married 75 years but since roberta lives in a nursing facility covid protocols kept them apart. they have been reunited after both being vaccinated. they say it is a new chapter in their love story and life together. i love that picture, the close-up shot of their hands. the time is 39 minutes after the hour. north korea testing the biden administration was a live report on more missile tests by the rogue regime. >> a member of the nuclear patriots praise for stepping up to help a stranger. >> if there's someone in need don't turn a blind eye. >> violent attack stopped next.

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shannon: we are back with fox news would north korea firing two short range ballistic missiles and the senior read japan. the second missile launch this week. >> benjamin all joins us with the latest. >> reporter: this is like clockwork. when a new administration comes in the white house we always see the north koreans starting to test the administration because they desperately need sanction relief. that is what we are seeing again. this latest upgrade missile launch believed to be two short range ballistic missiles was the second this week they fired 280 miles to be used in see of japan, japan's prime minister said it threatens the peace and security of the region and our nation and is also against the un resolution, we strictly and strongly protesters launch. the second launch coming just a few days after the first is likely a reaction to president biden having downplayed, laughing off the test over the weekend, the north korean regime

will react, no us or japanese troops are threatened by the us statement read in part this activity highlights the threat that north korea's illicit weapons program poses to its neighbors and the international community. the us commitment to the defense of the republic of korea and japan remains ironclad. the biden administration said it is in the final stages of reviewing its own north korea policy that will likely include carrying on the harsh sanctions the trumpet ministration put in place but whether or not we see more tests will likely depend on whether the biden administration wants to talk to north korea or doesn't, we are waiting to see what their policy will be. >> a pentagon watchdog report find a navy auditor had a 20 year history of sexual harassment, the report says former navy auditor general ronnie booth requested sexual

favors in exchange for career advancement, creating a hostile work environment causing a number of women to leave their job or ask for transfers. with retired in 2019 after misconduct probe began. a patriots lineman is healthy hero along with another good samaritan after they stop the sexual assault in an arizona park. police say justin help save a 71-year-old woman's life by detaining the suspect and speaking out after an emotional meeting. >> reporter: she can see the person who saved a life, i think that coming together and having that connection. >> the suspect was taken into custody. a minnesota man faces a decade behind bars for allegedly stealing $1,200 worth from a loading dock.

officer stopped joel whitaker when he noticed 20 cases of girl scout cookies in his car, charged with burglary and theft. people can't get enough of girl scout cookies duncan is bubbling up 3 but signature flavors, a line of ready to drink ice coffee in coconut, caramel and s'mores flavors. supermarkets and drugstores, but beware, each is 250 calories. steve: that's not bad. >> and regular coffee? >> of girl scout coffee, get a little double dose. that's a lot. >> president country alarmed at the rise of critical race. schools. a member who says she knows how to fight the woke trends, joins us next week from our friends at

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jillian: as the senate moves to confirm president biden's nominee for deputy secretary of education cindy martin, critics are raising the flag on the california superintendent's ideology including our next guest who is taking a stance to combat critical race theory in classrooms. joining us is vicki manning.

this is such an important topic. a place to start would be your definition of critical race theory and why you are concerned about it. >> thank you for having me. it is not necessarily being called critical race theory. they are using semantics, culturally responsive equity. our students, teachers are being taught that our country is innately racist, students and teachers are being pitted against one another based on their skin color. >> exactly right. this is something that teaches students that america is a racist white supremacist country and teaches minority students that they are victims and white students that they are oppressors. imagine what that does to young kids. what is your advice to parents who are concerned about this? >> the first is school board. colonel allen west says the school board is the most

important position on the ballot. make sure you know who you are voting for and consider running yourself. the second, if you're a parent or teacher and see things that you disagree with contact school board or media or hire an attorney. the last to stand firm. you will be attacked for this, you will be called a racist, you will be called nasty things, stand firm was god made us in his image and we are not innately racist. >> i see you yourself are getting a lot of threats because you're speaking on critical race theory as well. >> i was attacked in a school board meeting by colleagues on the school board on tuesday falsely accused of sharing teacher personal information which is not true and attacked about other things which are false.

i hired an attorney and we we fighting back. we need more people to stand up and fight back on these things. >> the nominee for deputy secretary of education, critical race theory, thinks it is important for kids to school over the summer because a lot of them were virtually learning. take a listen. >> summer school is important, we think of summer school as students who are behind need to become up. everybody is in touch by this pandemic, nobody has escaped. with we are planning for our students is recovery. >> learning loss recovery. unfortunate a lot of these kids were virtually learning for so long that now they may have to go back to summer school. >> that should be a local decision. we have a robust summer learning program in virginia beach a locality for students and it is optional. i don't believe the federal government should be mandating anything at the local level

regarding summer, i'm not opposed to summer learning. it is important but it should be a local decision and should be apparent choice as well. shannon: thank you for joining us, appreciate it. jillian: a big our still ahead on "fox and friends first," congressman buddy carter and matt rosedale, doctor janette nesheiwat, joe conand pete hegseth next.

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jillian: thursday march 20 fifth. another covid-19 controversy, andrew cuomo accused of pulling strings to keep his family safe. the colorado shooting suspect will face a judge for the first time today as hundreds gathered

to honor here officer and 9 others killed on the attack. >> you plan to visit the border? >> not today. >> the most qualified person. >> the vice president was laughing then but now in charge of border response. "fox and friends first" continues right now. ♪♪ steve: carley: if you're watching congratulations, you did not start, you got up. jillian: or you are awake on the west coast. maybe are about to go to bed. >> we are having fun here. we are watching "fox and friends

first" on thursday morning. benjamin: thanks for joining us as we begin with the crisis at the border. president biden appoints vice president kamala harris as the person in charge of curbing the migrant surge. >> the administration confirm 16,000 migrant children are now in custody. >> those numbers continue to increase. it was a year ago when donald trump appointed his vice president to take over the covid-19 pandemic, now we have president biden appointing vice president harris, he made the announcement yesterday, taking over the surge of the southern border of the united states, joining president biden yesterday, health and human services secretary xavier