curry, on the right, one of our great producers, been with us almost from the very beginning of the "the angle" is going to bigger and better things, she's getting married. malcolm is a lucky guy. we will miss you. she is one of the greats, what can i say? up next, gutfeld. >> todd: fox news alert, day two of the new congress and no speaker of the house. kevin mccarthy hit with a wall of republican resistance and now only hours left to win him over before they try again for the fourth time. you're watching "fox and friends first"s, i'm todd piro. >> ashley: i'm ashley strohmier. mccarthy is heading into today's vote confident he can get it done. listen. >> leader mccarthy?

>> yes. i have the record for the longest speech ever on the floor, i don't have a problem getting the record for most votes, too. >> ashley: talking to congressman elect jeff vandrew. start with david live in washington, good morning. >> good morning, kevin mccarthy and his supporters will be back at it in a few hours, hoping to gain more votes, like 15 or 20 to be more specific with 20 republicans holding out, mccarthient cabe speaker and the business of house cannot begin. margin over democrats are too thin. mccarthy has no plan to drop out, will stay on for a fourth, fifth or sixth ballot. on the first round, he gained 203 votes, on the final it was down to 200, these are republicans who voted against mccarthy in third and final

round yesterday before breaking. congressman donald flipped his vote in the final round from mccarthy to jim jordan. >> does anybody think this institution is work something all due respect to kevin, he's been in leadership since 2009, the debt was $11 trillion then and $32 trillion now. when leadership votes with minority, with the democrats, the past history of our republican leadership, maybe we should do something different. >> my thinking is weller mccarthy doesn't have the votes, pretty apparent, you have to consider alternatives, jim would make a tremendous speaker. >> mccarthy has plenty supporters, 200 that are angry this is turning into such a spectacle. >> there is a point where you go

from new york to a hostage situation and 90% of republicans voted in can't be held hostage for the agenda of a few, especially when there is a lot of concession toward the agenda. >> somebody has to get 218 votes and kevin mccarthy is the only one that is close in the conference. >> you bet the democrats are enjoying the spectacle. there is a tweet, we're breaking the popcountry out and the dem caucus until republicans get their act together. republicans 222 members and democrats 212, mccarthy cannot lose more support. as you heard in the sound bite, he will get the most votes for speaker, that was before first, second and third round yesterday. back to you. >> todd: you want to start the

new year clean, they are doing the opsits, trying to put on the weight, instead of going on cleanse and trying to lose weight. thank you for the update. former speaker newt gingrich weighing in on the drama saying there could be negative consequences for know ares voting against mccarthy. watch. >> a number of so-called insurgents, whatever you call them, are putting re-election at risk now because people will say, how can you hold the entire party hostage, how can you hold the house hostage, who do you think you are to have this authority? >> todd: let's bring in new jersey congressman elect jeff vandrew. it feels weird to call you congressman election, a week ago we would have called you congressman. what is going to happen today

congressman elect? more of what we saw yesterday or will we pick a speaker? >> we are going to pick a speaker andevery congressman is a congressman-elect, we haven't gotten the job done. we worked hard to get this majority, americans worked hard, they want to see improvements in government and fiscal situation and do something about open borders, something to do with education, with policing, with military. we have a lot of work to do and we have plans issue the bills, the resolutions, it is this nonsense that is interfering, two i think thises i don't want to see, one for this to drag on forever. we got to get this done, done today or tomorrow and it is time for us to move on and make a difference in america. second thing, we will not have and i will not tolerate, neither will others, democratic speaker.

they are laughing and shame on us, we need to get this done. there is a group of people that want to really hold out and that is unfortunate because it is time to move on. a lot of concessions were made, we have a lot of fiscal restraint now in the rules, way of removing a speaker, even if five individual members think that person should be put up for election again and aren't satisfied with his work. it is enough, it is time to move on and unfortunate that this is going on. we can achieve greatness, bring our country home, do the things people want and that is what i'm going to push for, work for and i don't care how many hours, we must elect a speaker. >> ashley: this has not happened since 1923, when it went through nine ballots. it went through three yesterday. mccarthy feels confident he will

get the votes. potentially getting a democrats speaker, what is the chance hakeem jeffries would get that spot? that would infuriate people when the house won by small majority. >> it would not just infuriate the people, that would infuriate me, it is intolerable and will not happen, i will jump up and down on the floor of the house of representatives and so will others. work it out and move on, this is chance for a small group to have a big voice because the margin is so thin. they can't use that to what americans can accomplish and do. that is where we must go. what this is really about is not just choosing a speaker, it is about choosing a future for america, a better future, we can

do this, we have great ideas and bills. the list of bills we're doing know with the next week or so, i felt good for the first time walking into the floor house, there were things i could vote for to make a difference, things like making sure we do the right thing when it comes to the border, doing the right thing with so many issues, energy, etcetera, we've got it. we're there, we know what needs to be done, we got to get through this part. it is important, i don't want to make history, great, interesting, footnote, let's move on. by the way, jim jordan does not want to be speaker, he nominated kevin mccarthy, spoke in favor of kevin mccarthy, he wanted to be chair of judiciary and i hope

to serve with him for a long time. he's going to be an excellent chair, it is what the man wants and that should be respected and what he deserves. it is foolishness to keep nominating him to the position that he will not accept. stop it. don't do that. find out what we can do. kevin mccarthy is by far still the closest with 200 plus people who want to see him, vast majority of republicans want to see him become the speaker. if he doesn't do a good job, we'll be first to let him know. >> todd: as far as kevin mccarthy, the sound bite leading to your interview here, he said he is dug in. can you envision any scenario where hes look, i don't have the votes. the votes are not breaking my way, i need to do what is best for the republican party and

nation and give up, do you see a scenario where he does that? >> you never know what is going to happen in of well. i know kevin is truly dug in. he's worked really hard. i don't know that everybody agrees with every single thing he's ever done, who does with anybody. he worked hard to raise money for new, young freshmen coming in, diverse and exciting class coming in to comp liment those who have been there a while and worked hard to make sure we got majority, every year we've increased the number of republicans and something to be said for that. that is not easy in the country these days because democrats have a lot more money, they have billionaires around this country and everywhere else supporting them and pushing for them to change the fabric of this country and he's worked hard to make sure we have a voice and we

change that. that is something to be said. at this point, it will take a lot to get him to remove or move his position, let's see what is going to happen. >> ashley: you hope there are no repercussions. go on. >> and i call upon people's higher -- i guess higher abilitieses, higher thoughts, their better desires, when i say people, i mean the people who are actual ly the 19 or 20 most involved with doing this, they have a lot of concessions and have are good, things i agree with and think they are good, good, fiscal conservative ideas, areas we need to be more careful. the other thing we have to be careful, people try to blame the terrible things that have happened over the last couple years on mccarthy.

it is nonsense, we don't have majority, something we have to understand, you get what you vote for and people voted for this back then and boy, they got it. it was terrible. it is terrible. now is our chance once we get through to say, this is what we can do, we'll show you the bills and resolutions. we'll show you the investigations and you tell us you think this has value. i think it does and i think people will realize that and that is where this turns around. this will be in my opinion, once we go through and hope it takes a day or two, whenever it is done, a memory. >> ashley: you hope so. a lot of people, especially republicans and gop hope there is no repercussions from this, when it comes to the election and they think, why vote for the gop if they can't agree, when they work for the people and this is postponing anything done for the american people.

congressman-elect, jeff van drew, we appreciate your time. the bills say hamlines condition is improving. he was resuscitated twice. >> todd: brooke singman has the latest. >> brooke: the bills say he is still sedated in critical condition. his family is speaking out publicly for the first time since monday. they say they are deeply moved by the prayers, kind words and donations from fans and want to acknowledge the dedicated first responders at university of cincinnati medical center who have provided exceptional care from damar hamlin. players wearing t-shirts that say love before their game with the capitals and the harbor

ferris wheel lit up with the number three last night. both trib utributes. dan orlovsky led prayer for the family. >> pray for strength for damar hamlin, comfort for damar, to be with his family, give him peace, if we didn't believe prayer didn't work, we wouldn't ask this of you, god. i believe in prayer, we believe in prayer. we lift up damar hamlin name in your name. amen. >> amen. >> amen. >> ashley: tom brady says we are praying for damar and his family, moments like this put into perspective what itten moos to play this game we love. brady contributing $10,000 to damar hamlin chasing ends

foundation which raised $6 million since monday night. it supports mckey rock. the family updated go fund me page saying donations are being used to fund his treatment. >> todd: i'm gleaning there is improvement, it does appear not out of the woods in any way, shape or form. prayers continue. the outpouring of support for this individual and his family, for the team, the buffalo bills and the league continues. if there is positive to take away, in times of tragedy, our country comes together and rally and we put petty differences

aside to a degree. if you look online, there is some -- always, but by and large come together on this. >> ashley: there is always a select few going to push against what majority of people are saying. it is really about this young man's family, his health, coming together for really america, especially when it is such a divided nation when you think in the grand scheme of things. really we just pray for a speedy recovery. when you saw that happen on the field, it was startling and for people watching live, people who watched football their whole lives say they have never seen anything like that happen before. hope there can be comfort brought that he can make his way out of this and everything will be okay and this will just be a memory at some point. you hope and pray for the safety of the rest of the players, as

well. >> todd: yesterday, not a lot of focus on what happens to the game itself, the bills and bengals game and unclear what happen with that and the nfl schedule. it is appropriate, we are focused on the health of this individual. there are so many questions. i have questions and i'm looking forward to speaking with former n.f.l. player, jack brewer, friend of the show. i am looking forward to hearing his perspective and i think he will give interesting perspective on what players and retired players are thinking this morning. turning our attention to the southern border, learning more about the attack on the mexican prison miles from el paso. a mexican gang leader is now on the loose. mexico secretaries pinon fled the prison as gunmen

sprayed the prison with bullets. he was serving in connection with kidnapings and abductions, the gunman killing people and guards, unclear if arrests have been made. did you hear about this, colorado democrat governor is sending migrants to big cities like new york city and mayor eric adams is not happy about it. >> notified yesterday that the governor of colorado is now stating that they are going to be sending migrants to places like new york and chicago. this is just unfair for local governments to have to take on this national obligation. >> todd: but the move is to help migrants get where they need to go, providing transportation to help migrants reach their destination, carrying out our value of treating every human being with dignity and upon are,

wonder if he gets same criticism of abbott or desantis. eric adams says the city received 30,000 migrants since last spring. >> ashley: youngkin calling into an investigation of a high school telling students they receive national merit awardless to protect feelings of those who didn't. >> violation of civil liberties, students achieved a real accolade to be national merit scholar and they were not told because they didn't want the other students to feel bad. >> ashley: students named condemned students by the corporation and governor youngkin says the delayed notification appears to be deliberate attempt to disadvantage high-performing students calling this human rights violation, that is unbelievable.

>> todd: i worked my tail off to get that, sf that was deprived, there would have been h-e-double hockey sticks that ain't right. >> todd: there is one thing parents want once the killer is convicted. >> the latest on the case after this. e wolfgang puck home i knew there would be a lot of orders to fill and i wanted them to ship out fast that's why i chose shipstation shipstation helps manage orders reduce shipping costs and print out shipping labels it's my secret ingredient shipstation the number 1 choice of online sellers and wolfgang puck go to shipstation.com/tv and get 2 months free

>> ashley: the 28-year-old man accused of killing four university of idaho students agree to be extradited back. jackie ibanez joins us. >> bryan kohberger will face murder charges, he mouthed the words, i love you to his parents and his sisters yesterday. authorities have not said when bryan kohberger will be taken back to idaho, they believe within a 10-day window. police say several doors and windows were open during the morning hours of december 30th.

>> force was used and warrantses were issued and in pennsylvania that requires additional cause. tactical on the scene were in the neighborhood of 50. >> investigators hired by bryan kohberger's defense team went to the home where the murders took place. bryan kohberger was pulled over for routine traffic stop with his dad. the family of one victim, kaylee goncalves, is speaking out on what they hope happens to their daughter's killer. listen. >> considering this person went in there that night with the intent to kill and showed no mercy unprovoked and killed our daughter, her best friend and two friend, we are glad we live

in the state of idaho with the death penalty. >> the probably cause affidavit connecting him to the murders must remained seal until he returns to idaho. >> ashley: we will bring in chris swecker. we want to get more details on the circumstances of his arrest once it is revealed. you said something interesting, no matter public defender or private attorney, first thing they will do is challenge sanitization of the crime scene. why do you say that? >> well, as i read up on it, i don't know how far they got into the cleaning up or sanitization of the house. i'm a former prosecutor before going into the fbi, you have to be tuned into due process being afforded the defendant. you don't want to create issues. in this case, you could argue

sanitizing that house is basically denying the defense an opportunity to gather their own evidence and that is probably why defense investigators are inside the house. it is due pros issue, you have to give the defense every opportunity to analyze evidence at the crime scene that might exonerate the defendant. hope they didn't get too far into the cleaning process. >> todd: why did the idaho authorities move toen cloo up this crime scene so quickly? >> unknown, i think it is an unforced error. as soon as they announced it, someone represent being the court or thought they might be perspective defense attorney got them to call it off. there have been a few missteps in the investigation, but they

really recovered in terms of how they identified the defendant, surveillance over 2300 miles and way they rallied in the last week or so and identified this defendant and got him behind bars. this guy is a dangerous killer, that is most important thing to get him into custody. >> ashley: my mother-in-law said her friend had an elantra in new york and police were looking at her car because it was a white hyundai elantra, so it was cross-country. do you think they have the right guy? anything he is saying trying to say he is innocent that would make you change your mind? >> i don't think it is a slam dunk case at this point. i don't think they would have arrested him and we'll know when they show the affidavit

supporting the warrant, it will layout the facts. i don't think it is slam dunk case, it is circumstantial case because there are no eyewitnesses to the crimes we know of. may be some people who saw the elantra, you don't have a tag on that elantra. i think it is inherently circumstantial and those type of cases, there are defenses and you have to be on top of your game to gather every shred of evidence and convince the jury no other person could have done this. >> todd: continue. please, you. >> i will say that this, they did the investigators and this was the fbi, not taking anything away from the pennsylvania state police or idaho state police and sheriff departments, fbi came in and did the cross-country

surveillance and probably tracked down the elantra. this is what they do it. >> todd: maybe they should continue to do that as opposed to attending school board meetings. latest batch of twitter file reveal twitters was under pressure from democrats to look into russian propaganda after hillary clinton lost to donald trump. after internal investigation in 2017, twitter stated, we see no evidence of coordinated approach, all accounts seem to be lone wolf type activity, yet democrats still put the pressure on twitter and the media. democrats and the media leading to this alignment with the fbi. what is your reaction to the latest revelation? how easily the fbi and twitter were brought together in a sim biotic relationship? >> these are two very powerful

institutions. i think it is a booming violation of the attorney general guideline to governor how the fbi operates and just in law in the first amendment. it is unheard of in my opinion. i understand the industry outreach part, counter espionage started a long time ago, taken it beyond constitutional parameters and this is one area where congressional investigation will shed more light on what happened here and there may be a need for reform, i look back to the church committee in the '60s which resulted in significant changes and how the fbi operate and they need to take a hard look at this and put a stop to it. >> ashley: chris swecker, thank you for getting up with us on wednesday morning, we appreciate it. good to talk to you. >> thank you, take care.

>> ashley: more players and support pouring in for damar hamlin after his collapse on the field. >> todd: former n.f.l. player, jack brewer is here next.

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bracing for life-threatening storms, expected to intensify into a bomb cyclone before slamming the city later today. san francisco could get up to eight inches. bay weather warning it could be one of the most impactful systems we've seen in a long time. the christmas bomb cyclone pummelled western new york, one victim found dead in a snow bank and the other passed away from lack of oxygen during a power outages, raising the storm devastation to 42. follow weather developments by downloading the fox weather app to connected devices. >> todd: prayers and support

pour in for damar hamlin after his frightening collapse on monday against bengals. the teams he respondent last night in the intensive care unit. we are grateful and thankful for outpouring of support thus far and his temperatures sharing powerful messages. take a listen to his teammate. >> we are human, we are not athletes, not super stars or celebrities, we are not anything. we are humans at this moment. >> todd: jack brewer is former nfl player and ceo of the brewer group andin jos me now. what have the last 36 hours been like for the players and retired players like you? >> jack: you relive your worst nightmare, most of us, before we take the field, i myself before

each kickoff, i said that prayer of protection. i knew that the job at hand could cost or harm my life. this was chilling, man. it is hard to watch or even think about, but as a little boy playing this game, you're always thinking about that possibility and so to see it happen right there in the field and to see cpr being given to a young man for nine minutes was very difficult to watch. >> todd: if i'm hearing correctly, jack, you knew the next hit could be your last and could be one that hurt you, end your career or god forbid, worse? >> jack: definitely. you had to deal with that reality. i had nine surgeries from sports and three in my last -- excuse me, six in my last few seasons.

injuries are just something that are part of the game. you never want to have to comprehend having that career-ending or life-threatening injury. we've all seen them, whether spinal cord injuries and neck injuries or people being knocked out unconscious, these things are a part of one of the most violent games on the planet. it is hard to see and i think that is why the reaction of the players were what they were, to have to go back out on the field and not just that same game, next week or the week after or the week after, it is going to be very difficult for these men to walk out there because just like that gentleman said, we are human. so i just pray that folks start to understand what goes into a

game like football. >> todd: walk us through the mindset in the locker room and on the sideline and just in general there families that is going to take place between now and sunday when we have another slate of nfl action. >> jack: todd, i watched this play with my mom, she was in for the holidays. she was the woman that pushed me out of the doctor in a wheelchair when my career was over. so just hearing her perspective and what that mother must have felt like coming from the stands to the ambulance, not knowing if her know sowas even alive echl families have to watch their sons and their fathers and their husbands run down a football field and collide with grown men going full speed every play. they are not necessarily just concerned aboutin withes or losses, they are concerned about seeing their loved one again in

a normal state. i think that is real. you haven zoo the word "pray" go across our nation more than i've seen in a long, long time. i've seen more people on their knees than i've seen in a long, long time. you have to take from that that god is telling us something right now, moving a nation to get onnure on knees just like scripture says in the bible, every knee should bow and every tongue confess. the national football league, i thank for supporting prayer, i thank corporations for supporting prayer, i was wondering if this nation had forgotten how to pray and i pray this situation continues to show us what is important and that is praying, not just bad times, but good times. >> todd: you have been on our show countless times and you incorporate prayer into your

message, it emzoos like the american people were not paying attention, this is different, everybody seems to be galvanizing in prayer. focusing on the game itself, i've been up front saying i do not see the game itself changing because of what happened on monday night, i'm not part of the nfl players like yourself, do you see the game changing in light of the injury that happened on monday night? >> jack: i do, i think there will be a different response to injury. i think the league is waking up, you saw how coach sean mcdermott handled this situation, he wouldn't let his team go out and play and they called an nfl game for the first time ever. you have never seen a game end like this, i think in the first

quarter of the ball game thchl did shift things in the nfl. you will start seeing them take better care of players and i pray that happens. we need leaders like coach sean mcdermott, who i actually played for, to continue to take a stand for righteousness and humanity. >> todd: with that, we'll be right back. over 45 years has taken a toll on my body. i take qunol turmeric because it helps with healthy joints and inflammation support. why qunol? it has superior absorption compared to regular turmeric. qunol. the brand i trust.

>> ashley: footage shows good samaritans helping police lift a car off a 65-year-old cyclist who was mowed down by a stolen car. >> one, two, three, go. okay, okay, okay, okay. good job. good job. >> ashley: my goodness, the car plowed into the victim, panning him to the ground, when the suspect fleed the scene. the victim was gasping for air when they pulled him out, he is now stable. police other than able to catch the suspect who is now in custody facing charges including possession of a stolen vehicle, wreckless driving causing bodily injury and evading police. this is why people need to be in good shape, you never know when you will have to lift a car off

of someone. that is incredible. >> todd: i don't want to make light of this, it is a serious situation, i will travel with your husband issue he's only person who could lift a car off someone. >> ashley: he is an nypd officer and he says this is why police need to be in shape. good for the people who helped them and jumped in. we will check another wild from new year's day. police were chasing this stolen car when the driver took off over an embankment, causing the car to free fall on to a car. it clipped a house and then almost crush a bystander, the suspect fled the scene, both suspects were taken to the hospital before released to police custody. can we keep showing that? i want to see it one more time. >> todd: this begs a bigger

question, maybe i'm naive, i thought it was tough to steal a car with all the technology in are cas. >> ashley: that is probably how they tracked him down. >> todd: seems like thieves steal cars like they did in the 1960s. >> ashley: how would you like to be that guy in the driveway and that coming over the top. >> todd: that is not what you anticipate could go wrong in a day. sam bankman-fried pleading not guilty to security fraud and conspiracy, the former ftx founder facing 115 years in prison, set to take the stand in october, manhattan attorney general's office is creating task force to recover money lost by investors. officials met with bankman-fried on four occasions last year claiming they talked about p pandemic prevention.

his downfall is compared to bernie madoff. >> he federate poison to joe biden, did drug money buy the senate? 41 million into the democrat dirty war chest, where stolen kooip money come from? if we're learning anything from bernie madoff story, it is this is a lot of dirty stolen money and people are dying over it. the past few months, there has been a slew of crypto executives dropping dead. yeah. one died in his sleep, another from a helicopter crash and the other died drowning in puerto rico. is this coincidence? we don't know. if investors were cartels and vestors? he is in trouble and so are brokers who lost mob's money.

miniis vegan, more worried about next lunch. >> todd: a lot qualifyies asked by jesse watters there. >> ashley: i wouldn't give my money to that guy. >> todd: tough to trace, it is crypto. >> ashley: makes no sense to me. house return without a speaker, kevin mccarthy losing three votes in a row. >> todd: weighing in on the drama and joe concha and dr. nicole sapphire here next.

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s >> ashley: the suspect accused of murdering four idahoun stereos will be extradited back to idaho. you are watching "fox and friends first" on wednesday morning, i'm ashley strohmier in

for carley shimkus. >> todd: bryan kohberger appeared in front of a judge for first time since the murders. the parents say they have no sympathy for the suspect, nor should they. jackie ibanezin jos us with the latest. jacky. >> jackie: bryan kohberger will head back to idaho and face murder charges for killings. bryan kohberger mouthed words i love you to his fparents and tw sisters. authorities believe he will be taken back to idaho within the court-ordered 10-day window. several doors and windows were broken to gain access to the bryan kohberger home during the morning hours of december 30th. >> force was used and warrants issued, which in pennsylvania requir