idaho students is set to be extradited to idaho tomorrow. you are watching "fox and friends first," i'm ashley strohmier in for carley shimkus. >> todd: i'm todd piro. learning new details about who the suspect is and how he eluded to evade authorities for weeks. >> it was alleged the killer was stalking girls at bars and he was wearing gloves around town so not to leave fingerprints behind. the murder suspect wore gloves while shopping at a local grocery store before he was arrested early friday morning in pennsylvania. "a good friend is a cop following him the last couple days and followed him and he wore gloves the entire time, he is not stupid and has been careful," he is pursuing a phd.

his downstairs neighbor told the "new york post" the following, it seemed like he never slept, he was doing something all night, i don't know how he could have killed someone, he doesn't look that tough. there are reports he is a recovering heroin addict. now the families speaking out and rushing to his defense friday saying we have fully cooperated with law enforcement in attempt to seek the truth and promote his presumption of innocence rather than make erroneous assumptions. he drove 2000 miles from idaho to pennsylvania in order to allegedly hide at his parent's homes in the poconos.

the murder weapon has not been recovered. >> todd: here is jonathan gilliam on the case. >> if they have the d.n.a. and we don't know what other evidence they have, typically if they can put a person using the cell tower information and the d.n.a. evidence, once a start building a motive and picture of his movement and evidence that puts him there at the time of the scene, it will be easier case to prove, especially if his d.n.a. was mixed with the d.n.a. of the victims. >> todd: he is facing four first-degree murder charges after his arrest last week. >> ashley: dozen rescued from rushing flood water in northern california yesterday. vehicles went underwater.

>> todd: one person was found dead after two levees were breached by the waters. historic rainstorm pounded the area last week. more rain is in the forecast for the region this week. meteorologist adam klotz is here with the fox weather forecast. tough times out there. >> it is not over yet, round after round, they are seeing and continues into the week ahead. big rain blast we saw last week pushing further inland and turning into snow across the mountain states. dry in northern california and does not stay dry, talking about more rounds of rain. this is future forecast, taking you through the next several days, round after round with heavy rain coming on wednesday. that is a big one and lasts into thursday. there will be dry periods, but

will be three rounds of rain running onshore and gets to higher elevation it your honor its to snow and you talk about winter weather. along coastal area, rain and a snow event. rainfall totals and forecast, the orange and red, another three to five to six inches of total precipitation. inland, in the blue is more snowfalling on the ground, which is on the way. forecast across sierra, nevadas, several feet of snow and works inland and ski resortses get it moving in. i will leave you with your forecast today. seeing spots in the 50s and 60'ses. dry in northern california, more rain is on the way. it is something we'll keep watching. >> todd: tough stuff, for us,

ridiculous. >> 50 in new york city today and stays mild. >> ashley: thank you. fox news alert, near u.s. border, gunmen opened fire on a building killing a dozen and two dozen escaped, we'll have details on this terrifying story. >> todd: and ice is claiming in a new report they arrested twice as many illegal immigrants than the previous year. tom holman calls that a blatant lie. joins us live to explain. ♪ acoustic soul music throughout ♪ man cal lie. joins us live to explain. ho man lie. joins us live to explain. lie. joins us live to explain. ughout ♪ acoustic soul music throughout ♪ ♪ acoustic soul music throughout ♪

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>> ashley: 14 people are dead including guards and 13 injured after gunmen in bullet-proof vehicles opened fire on a mexican prison miles from the border. the military and state police took back control. the prison is nine miles from the u.s. border and 10 miles from el paso. no word on any arrests. we'll bring in ice director "fox news sunday" news contributor tom homan, he is here now. i want your thought on this, that is likelihood the people

escaped and went to the united states considering it is nine and 10 miles from the border? >> this is how powerful the criminal cartels are in mexico. they are brazen. criminal cartel control our border. if they want to escape to the united states, it is going to be pretty easy. this administration has created such a crisis, you have border patrol pulled off patrol to process large groups, the border is vulnerable. criminal cartels in mexico control the entire country, of the law enforcement in mexico and military are corrupt and criminal cartel are making decisions without consequence. this is a scary situation, being close to the united states border and because we lost control of the border. >> ashley: ice put out nie report saying 140,000 migrant

arrests is double the number of arrests compared to the previous year, but you are not buying that, why? >> i am not buying it. the report says transparency is at the forefront of this report? it is not. we put out the same report for 15 years and the biden administration comes in and changes the report and turns it upside down to show what ice is not doing. i'm not blaming men and women of ice, they want to do their job, mayorkas does not allow them to do that. they said they made 143,000 arrests, no, they didn't, border patrol made most of arrests. ice merely processed them and they talk about these are at-large risks. where i come from, at-large risk is not when the alien shows up at the ice office.

if you look at what the secretary has done, the secretary said from day one, they want to concentrate on criminals and public safety threat. there are 4300 criminal arrests, this past year 2200, hoofl criminals were arrested this year, than arrested in fy20. ice operations were shut down, they managed to arrest twice the criminals thoon this year. this report is full of misinformation trying to fool the american people, but if you understand the raw data, i was in the agency for three decades, this is a blatant attempt to lie to the american people. >> ashley: texas congressman pat fallon says democrats are mism leading americans. >> playing a game of deception

with the american people by claiming u.s. tax dollars are not going to facilitate illegal immigration, but they are. there are hundreds of mill knowios, perhaps billions, going to illegals and facilitating the migration, but they won't tell us. i can't wait to get in majority and ask how much money is being sent to illegals and what is the plan going forward. >> ashley: tom, do you think we'll get answer on new numbers, anything happening at the border republicans are set to take over the house? >> if they conduct oversight hearings, call people and put them under oath, they will hear the truth. they double number of arrests made 143,000 arrests anden it0 of the 143,000 were arrested by different agent and processed

them. i tell you how bad it is at ice, number of people have not shown up in court and ice goes out and looks for people, in my day, if you don't show up in court, you are a fugitive and we make you see a judge because you are in detention. now ice agents go out and seek those who did not show up in courts, they are not detaining them, they are counciling them to show up at a future date. it is ridiculous law enforcement is no longer enforcing the law, but acting as counselors and the men and women of ice deserve better. it is disgusting. >> ashley: there has been four million border encounters since vp harris was assigned to address the problem. do you think by the lack of effort at border, this is failing the american people and the migrants?

>> absolutely, migrants have died, nearly 1700. kamala harris is doing what the administration wanted her to do, that is why they picked her, they knew she would fail. shy supported open border and sanctuary city and that is who you put in place as border czar? she will get an award from the administration, she has cheated the american people and sold out our national security to progressive left on open borders. she failed on were approximate. this whole thing is not mismanagement, not incompetence, this is by design, open border is what they wanted and open border is what we have. >> ashley: tom homan, thank you, we appreciate it. illinois safety act is being billed as most dangerous law in america for provision that eshg

eliminates circumstance bail. >> todd: state supreme court issuing 11th hour ruling to keep violent criminals behind bars for now. david webb is here to react. at adp, we use data-driven insights

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>> todd: the illinois supreme court putting a hold on the governor's plan to eliminate cash bail all coming after lower court ruled pre-trial fairness acts was unconstitutional. that said, the state is already appealing the decision. >> ashley: they say this is being done to maintain procedure in illinois until the court can hear the appeal. >> todd: david webb joins us now. david, how much of a bullet did the people of illinois just dodge for now? >> they may have dodged this

bullet issue that is good because illinois is not the most unsafe place in the nation. there are more bullets in the gun and the people of illinois need to turn to the supreme court justice in illinois and put pressure publicly on the court to pay attention to their safety while they that you can about the nuances and it is important of pretrial hearing and ekwap application, talking about broad judicial discretion in this legislative fiasco that governor pritzker signed into law, taking away your ability for recourse in the judicial system because the criminal gets the benefits and the victim pays the price. >> todd: you are saying put pressure on the court through

the court system through lawyers and amicus briefs, correct? >> the supreme court is a political body in the states, different from the u.s. supreme court because justices are elected, there are different methods and appointments, she is appointed chief justice where she sits. legal groups need to step up immediately before this expedited hearing. >> ashley: david, break down this illinois safety act aims to eliminate cash bail, instead judges decide if pretrial detainment is necessary based on charges and danger and limit law enforcement as flight risk and allows defend notas to leave home for 48 hours without charges them with escape. last bit gets me, give them 48

hours to leave home, how is this legal? >> it is not only not legal, even though they passed a law, violated judicial responsibility with court assistantance, it is one of the stupidest thing i've seen done by a governor and the pritzker family, which is powerful in business and politics, this is his decision, they have decided the people of illinois should be subje gaited to the criminals. 48 hours is lead time to commit more crime and possibly for example flee across state lines, therefore dealing with other jurisdictions surrounding states. anyone should be concerned. >> todd: it is insane, you are giving criminals a head start to make cop lives more difficult, that makes no sense. what i like about the supreme

court decision from illinois, it ep coos discretion in the hands of judges in lower courtses. those judges should be able to review the total circumstances and determine whether or not criminal or suspect x should be free on bail and shouldn't just come out of a book that is ignored half the time by prosecutors in woke, woke blue districts. >> yeah, and take a look at fox in chicago, look at lower half of illinois, just to put a broad view of it, objects to this. parts of the state not brown to cook county, when you look at kim fox and woke prosecutors, they have lied to the public and let criminals go and people continue to pay the price. for states and those that follow the states, realize they have

similar separation of legislative and judicial responsibilities and requirements under the state constitution and what the woke prosecutors that the left has been working to get in place are attempting to do is overrun the actual judicial system at the same time they take control of some of the courts. >> ashley: david, when you look at the crime stats in chicago, total crime up 41%, robbery up 14%, burglary 14%, theft up 56%. todd and i were talking in the break a minute ago, getting rid of cash bail, why are they pushing this so hard, but only seeing it in chicago, new york, d.c.? >> i'll go back to something tom homan just said, this is deliberate policy, talking about border or no cash bail,

releasing criminals, eviscerating citizen rights or victim rights. it is deliberate strategy of the left in this country. a projected started by george soros getting woke prosecutors in place and putting a million dollars into alvin bragg's campaign, now see what is going on. look at kim gardener in st. louis county. it is deliberate policy. >> todd: and continuing in 2023, hopefully cooler heads and smarter minds prevail and get rid of it. david webb, thank you for joining us on the new year. new year, new congress and republicans set to take control

of the house tomorrow with several major items at the top of the agenda and a vote to decide if kevin mccarthy takes the speaker's gavel. >> ashley: fauci files could happen this week, we are talking about it with james comer next. ♪ focus on what matters in life... being together. celebrating together. ♪

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>> todd: president biden returns from vacation today. >> ashley: they will vote on speaker as leader kevin mccarthy faces resistance in the house. live from washington with the details. good morning. >> good morning, a new era is about to begin in washington tomorrow, republicans regain control of the house for the first time since 2019. kevin mccarthy is running for the speaker job. he is considered front-runner, by far. he is addressing how he would operate and he said the simple fact is congress is broken and need to change. mccarthy is walking a tight rope, he needs 218 votes, the gop controls 222, which leaves him little room to lose votes. nine lawmakers have yet to back

mccarthy, they have a provision to make it easier to change leaders, but lawmakers say they are not on the mccarthy train quite yet. they say despites progress achieved mr. mccarthy is late to address continued deficiency ahead of the congress beginning on january 3rd. mccarthy has large amount of support in the party, insisting he will be the next speaker. >> i think cooler heads will prevail, he will have requisite number of votes to become speaker. >> end of the day, recognizing if five or six people hold out, we're empowering the other side and not having a speaker because there is no question over 200 members, republican members will stick with kevin mccarthy again and again and again. >> as far as president biden, he is wrapping up his caribbean

vacation, spent last several days in the u.s. virgin islands. we are waiting to see how the white house will handle the new congress. the president said he was willing to work with the gop, we'll see what the rest of the week brings. >> ashley: interesting, mark, thank you. cory mills will be sworn in tomorrow, he joined us earlier to discuss his top priorities, watch this. >> cory: making sure we can control the increased criminalality and rid ourselves of indoctrine agtion and holdin adversaries accountable and stopping china and russia who are out to destroy the northern hemmis sphere and get inflation in control. how we step in on january 3 matters, we will governor, unite

and try to take the lead. >> todd: james comer joins me now, congressman, a lot to break down there. what else is on top of your priority list? >> we're certainly concerned about inflation, the reason we have inflation in america is because democrats in washington spent too much money. one thing we can do in divided congress is put brakes on run away spending. what i want to do is identify waste, fraud, abuse and corruption in the federal government and hold people accountable, reducflation in ef. >> todd: are you confident republicans can undo what democrats have done over the past two years? >> we are certainly going to try, we are upset about the omnibus bill.

republicans could haven tathe pencil and start cutting unnecessary spending. if we want to get to a balanced budget scenario, we will have to make steep cuts, that we can do and while protecting social security and medicare, there is that much waste in unnecessary spending in wash ush wa. this is priority of house republicans, we are ready to get started tomorrow, we're excited and we believe we have mandate from people to make change and get government more responsive to taxpayers. >> todd: you have been on this very program at least once a week talking about the investigations that you are going to run when in the majority, that majority takes place tomorrow. how soon before you begin the hunter, twitter and other investigations? >> we've been working on it for

over a year, we'll start tomorrow with hopefully bringing people in to start taking interviews, we'll do trans kriebed interviews and getting subpoenas ready and request more information. last week, the white house made an announcement at 4:30 a.m. that they would disregard every request made over the past two years and told us those requests didn't mean anything because we were not in the majority, tomorrow we will be in the majority. we expect the white house to work with us to do our job, oversight committee is supposed to ensure taxpayer dollars are not wasted. we know billions, if not trillions have been wasted overthe past two years without a single hearing with respect to wasted tax dollars, that will

change tomorrow, we'll work on getting people in to take depositions, to do transcribed interviews, our investigations start tomorrow. >> todd: nothing else can happen until you have speaker of the house, who is speaker 48 hours from now? >> i hope it is kevin mccarthy, right now he has 97% of the republicans, that is a mandate as far as i'm concerned, kevin has worked hard and raised money, that is the difficult part about trying to beat the democrats, they have been spending more than republicans, democrats have been raising money to tune of outraging republicans in every crucial house race over the past two years. if kevin mccarthy hadn't been involved in raising money as he can and working hard to recruit the right candidates, we have

record number of candidates, record number of female candidates who have won and will be sworn in as republicans tomorrow. kevin deserves the job and it is unfortunate he's being blamed for the sin of past speakers. kevin is his own guy and deserves a chance and i will vote for him tomorrow. >> todd: elon musk just teased release of fauci files this week, tweeting hope you're having a great day 1/23, one thing for sure, it won't be boring. are you expecting a smoking gun with regard to anthony fauci in the fauci files? >> i'm expecting to see more involvement from the government in censuring speech and this is concerning, this is something we've been talking about for the past several weeks on your show, the government should not play a role in censuring speech. the government spent taxpayer

dollars creating task force of employees to do nothing, but censure social media post and conservative speech. history will show dr. fauci made a lot of mistakes and hift radio will show and i think elon musk will have a big role in that, government played a large role in trying to combat anyone who was a critic of dr. fauci or questioned dr. fauci's science in ensuring their voices were not heard. we're paying the price everyday for mistakes dr. fauci made during covid. elon musk has opportunity to show how big a role the government played in getting dr. fauci's back on every controversial statement he made that affected our lives in a negative way over the past three years. >> todd: i'm sure you are excited to call dr. anthony fauci to the halls of congress to testify, hold that for a later segment, thanks much.

president biden sharing new year's message with americans and touting his administration's accompli accomplishmentes. >> president biden: there is nothing you can't achief, that is who we are. >> ashley: what about the times biden didn't deliver? joe concha is here with a review of the performance of the president. ♪ ♪limu emu & doug♪ hey, man. nice pace! clearly, you're a safe driver. you could save hundreds for safe driving with liberty mutual. they customize your car insurance... ...so you only pay for what you need! [squawks] whoo! we gotta go again. only pay for what you need. ♪liberty liberty liberty♪

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>> todd: president biden ringing in 2023 while on vacation in sunny st. croix, he shared a message with americans, recapping his year of delivering for the american people. listen to this. >> president biden: today offer proof that the soul of america is vibrant, future of america is bright and the promise is real. it is never easy, we're proving america, no matter how long the roads, progress does come. >> ashley: biden forgot to mention highest inflation in 40 years, surging energy cost, rord

migrant crisis and rise in fentanyl poisonings in the u.s. joe concha is joining us now. i didn't expect him to acknowledge the horrible things happening. since it is so bad, wouldn't it make him look better if he said there is a lot going, just stick with me. >> joe: one would think that, this administration believes quantity or quality and they are twerking over highly successful year and everything americans dislike about the swamp. disconnection from reality. for example, just because you pass the inflation reduction act doesn't mean it is a accomplishment, because that bill only adds to government spending and does not reduce inflation.

fox news poll finds 23% of americans believe 2022 was a good year and 70% believe it was not, we are going in the wrong direction. they believe everything is hunky dorey. >> todd: it is ap t here, what my dad uses all the time. this promotional video, they have not addressed any of the crucial issues that matter to every american in their two years in office. going into 2023, do you have hope or optimism they will address inflation, border, anything that every single person in america should be concerned about? >> joe: it is like when you are an alcoholic,ac knowledge you have a problem, they don't acknowledge you have be prosecutes, right, this is a failing presidency, how could the administration talk about

massive progress when it allowed five million people, including 100 people on the terror watch list into the country? is it massive progress, inflation is five times higher than when joe biden took office? cities from philadelphia to portland are setting homicide records and from a parental perspective, the most important issue, our educational system is falling far behind other developed countries. this president has a crush on randi weingarten. when you add these things up, i can't see how you can say endzone dance time, spike the football when in 2023, things will get worse, they don't acknowledge they have a problem. >> ashley: the president is

dodging questions about running, watch this. >> joe: okay. >> running for reelection, sir? >> there is an election coming up? i didn't know that. >> how was dinner? >> ashley: not cute, just answer yes or no. constant games with the american people. >> joe: ashley, can we remember a time, whether talking about trump or obama or bush or clinton or elder bush or reagan, when they are asked are you running for president again, all would answer, of course i am, you can't say i'm doing a great job, look at 2022, and say i'm wishy washy in terms of running for president or not. yes or no, very simple question and yet he's dodging on that, i wonder why? >> todd: this vacation was

supposed to be used to make that determ determination, you should assume you are going to get a question like that and have a prepared answer. giants are in the playoffs, joe. >> joe: that is correct, bears got beat, lions just scored again three minuteses ago. congratulations, giants back in the playoffs, have fun losing first round. >> todd: pete hegseth vikings will be the rematch and i think the giants take it. happy new year. >> joe: happy new year, go giants. >> todd: suspect in the machete attack on three nypd officers was already on the radar. claudia tenney join us about that. >> ashley: hi, steve. >> steve: they are the new

jersey giants, okay. >> todd: i'm jersey guy, i like the fact they play in our state. the history of new york, i will not get in this fight, i'm in a happy mood, i don't want negativity. >> steve: i'm in a happy mood, the chiefs are doing well. >> todd: ashley strohmier's, too, both you guys. >> steve: great to see you on monday, coming up on "fox news sunday," new congress will be sworn in tomorrow, republicans have to election a speaker and they are having problems, we will have a live report on what will happen tomorrow and bob goode, who he supports and newt gingrich knows what it is like to become speaker, he will weigh in, dr. michael bodin is talking about what is going on in idaho and he will help us understand

how authorities tracked down the murderer using d.n.a. how did they use that if they didn't get it from himalayan? and dan roccato shares tips where to park money in 2023. we have a busy show, kicks off nine minutes from now on the channel you trust for morning news. ashley and todd back in a couple, you are watching "fox and friends first" on a monday. , getrefunds.com can see if it may qualify for a payroll tax refund of up to $26,000 per employee. all it takes is eight minutes to get started. then work with professionals to assist your business with its forms and submit the application. go to getrefunds.com to learn more.

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for me to sustain weight loss. golo has been more sustainable. i can fit it into family life, i can make meals that the whole family will enjoy. it just works in everyday life as a mom. ♪ >> todd: the suspect in that machete attack on nypd officers was on an fbi watch list before the new year's eve assault. bureau says islamic extremist became radicalized years before this weekend's attack on three police officers at a security check point just blocks from the times square new year's eve celebration. >> ashley: joining me now is claudia cowan tiny who sits on the house foreign affairs and

business committees. thanks for joining us this morning. when you think about this attack on nypd officers this was the first nonrestricted event in times square since covid. so, from a security standpoint, what does that say that, you know, they are not ruling out that this suspect could have traveled to new york to attack officers. that is still something that they're investigating. what's that say for police in the future coming into 2023? >> well, certainly, this -- defund and demoralize movement that was really like just more of like a bumper sticker type of campaign has grown into this disastrous policy in new york state and across the nation as we know famously new york state got rid of the cash bail among many other terrible laws put in place that were so-called criminal justice reforms but hurt christmas. hurt the population. and you are seeing this in new york city and also upstate new york. we had the same laws across the entire state.

but new york city is large. it's congested and this type of activity is going on. as prior guests have pointed out we have a high murder rate highest in 20 years. politics from the democrats like the cashless bail system and now we have a new law in illinois trying to copy new york. only one thing better that i think one of your price guests say they do give discretion to judges to discuss and to assess the dangerous standard of a criminal. here's the fbi, busy attacking president trump, not really keeping us safe, going after all kinds of political enemies, not actual people on the streets. here is a fine 00 terrorist watch list slipped through the cracks. i wonder how many others are out there all across the nation, particularly in new york city that the nypd has he unable to coordinate with the fbi to stop? >> todd: that's my question if the fbi was less focused on parents at school board meetings and suppressing voices on twitter, do you think, congresswoman tenney, that they would have stopped this guy

before he attacked? >> i think they certainly would have had some information. obviously, they're doing a lot of surveillance on social media, whether it's twitter, facebook. this young man was radicalized, obviously, probably through social media because where else would he get information on the taliban and afghanistan, which is reportedly what his -- what happened this guy. got on an amtrak train allegedly, went to new york city near times square and really attacked a rookie officer. a guy whose first dagen othe job. hard enough to be a police officer but then to have this negative campaign against you and on social media. and, you know, the fact that we have got fbi agents say focused on twitter, focused on social media. not looking at the people able to look at the true criminals. not the people out there who are political enemies. i think this is going to be something we are going to investigate as we go into tomorrow. obviously the republicans take over the house. not a lot we can do on the federal level. what i have done is put out a bill that says if you are a

municipality that attempts to defund your police, you will not receive your funding from the federal government. it will be detained until you actually support our police make sure we have retention and recruitment of police officers. record low right now. can't get people to serve. why would you want to certain when you have a guy on a terrorist watch list out with a machete on new year's eve a time when we were supposed to be celebrating the world is watching where the wall drops not too far from times square this man first made his attack on three officers. >> ashley: that rookie also was in the academy. he was that new. but you know we live in this liberal state and liberal city. do you think is he going to stay behind bars? do you think they will let him out at some point? under federal law he has to stay behind bars because he was on the terrorist watch list.

he may be able to be released. he is an adult now set. 19. so, again, these laws are failing new yorkers, failing no, making our streets and our cities and i am from rural upstate new york it's dangerous up here too. >> todd: the entire state is a disaster. congresswoman claudia tenney, thanks for joining us here on a monday. "fox & friends" begins right now. ♪ ♪ i can't believe she's mine ♪ now all i see. >> steve: live from new york city, it is monday, january 2nd, 2023 as you look at earth cam view, you know, it was just less than 48 hours ago that that square was filled with close to a million people a