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 require additional probably

cause. tactical on the scene in the neighborhood of 50. >> jackie: investigators hired by bryan kohberger's defense team went to the home where the murders took place, taking pictures of the property and getting look of december 15th, bryan kohberger was pulled over for a routine traffic stop with his dad. you can see it there. the family of one victim, kaylee goncalves, is speaking out on what they hope happens there daughter's killer. >> well, considering this person went in there with the intent to kill and showed no mercy, unprovoked and killed our daughter, her best friend and their two friends, we are glad we live in state of idaho with the death penalty. >> ashley: the probably cause affidavit must remain sealed

until he your honor ares to idaho. >> ashley: we spoke with former fbi director who says law enforcement should be proud of pulling through and making this arrest, listen. >> there have been a few missteps in the investigation, but they recovered in terms of how they identified this defendant, surveillance over 2300 miles and the way they rallied in the last week or so and identified this defendant and got him behind bars. this guy is a dangerous killer. you have to be on top of your game to gather up every shred of evidence and convince a jury there is no other person that could have done this. >> ashley: bryan kohberger remained consistent in the belief he will be exonerated for these murder charges. >> todd: learning about the attack on a mexican prison. a cartel was one of the 25

escapee on the loose. pinon was said to flee the prison as the prison was sprayed with bullets. the gunman killing 17 people, including 10 guards, unclear if arrests have been made. did you hear about this? colorado democrat governor, jar ed polis sending migrants to new york, mayor eric adams is not happy about it. >> we were notified yesterday that the governor of colorado is stating 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: polis says the move will help migrants get where they need to go. the state is providing coordination to help migrants

reach their desired final destination, we are carrying out our value of treating every human being with dignity and respect, adams claiming the city cannot handle the influx saying the city received 30,000 migrants since last spring. see if polis gets condemnation like governors abbott and desantis. >> ashley: san francisco bracing for life-threatening storm, it is expected to intensify before slamming the city later today. >> todd: san francisco could get eight inches threatening widespread flooding there. two deaths confirmed from the cyclone that pummelled western new york. janice dean with the fox weather forecast. what is going on? >> janice: what is a bomb cyclone? we have a very intense area of low pressure that upon dros 24 millibars in 24 hours and we've had incredible storm systems over the last couple weeks do

anything that. the next system to do thatlet be the one heading into california, san francisco. we have dire weather warnings for this area and as todd mentioned, could get upward of eight inches of rainfall. first round arrives this afternoon with significant flooding anticipated here, nine inches of rain. this is wettest on record since christmas. the ground is saturated. next system moves in bringing another round of heavy rainfall. when you think about 20 inches of rain in a matter of under two weeks for this area, it is going to be concerning and then we have strong winds that will continue to push this moisture inland and last not only today, from wednesday to friday. san francisco the bullseye, much of california will feel the wrath of the storm, flood

watches in effect for much of the state of california through friday. the worst moving into central and northern california, where debris flow will be possible around burn scars and there will be deaths with this. people need to really heed the warnings, people are advised to stay put, do not go on the road starting now until friday. 911 will be overloaded, people will not be able to get to you. those high wind alerts continue through thursday afternoon. again, over the next seven days, incredible achls of rain. this is once in a generation storm, like we saw in buffalo over christmas, a once in a generation storm. we had 42 deaths from that, take this one seriously and real quick, we have potential for torn other than to today across portions of gulf coast and the

southeast and that is something we'll be tracking, as well, this is a very dangerous epic storm. >> todd: 2023 not messing around. >> janice: foxweather.com will have you posted on details. >> ashley: a quick-thinking bartender takes down a criminal. he is hailed as a hero and we'll be speaking to him live after this. >> todd: and virginia governor youngkin calling for investigation into one of the state's school border for prioritizing equity over students achiefment. >> students achieved real accolade to be national merit scholar and they were not told, because they didn't want to make the other students feel bad. >> todd: tell you what this is all about, keep it here on "fox and friends first."

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comcast business. powering possibilities. >> ashley: stop and watch this, surveillance showing a bartender springing into action and tackling a gunman to the ground. the bartender rushed to help when the armed criminal put a woman in a headlock and started

firing shots. the bartender pried the gun away before anyone was hurt. he was honored and given an award for saving lives. the sheriff and the gentleman are with us now. thank you for being with us this morning. >> you're welcome. >> thank you very much. >> ashley: david, start with you. we saw video of you hopping the bar. you tackled the man and got the gun away. what was going through your head at that instance? what were you thinking? was it knee-jerk reaction, i got to help this woman? >> first instinct was to jump over the bar and protect this woman. i wasn't aware of the firearm until i was face-to-face with the man. >> ashley: when you knew he had a gun, did it change everything once you saw that gun? >> absolutely. >> ashley: what did you think then? >> put me right into shock, at

that point, i need to secure this gun and make sure he doesn't kill anybody. >> ashley: had you ever had anything happen like this in your bar? >> i have never and neither has my uncle in the 20 plus years he's been a bar owner. >> ashley: sheriff, this was no-brainer to give him this award, explain the process with your department. >> well, we have an awards committee, in this case, i saw the video and was made aware of what occurred and said we're going to give this guy the life-saving award, that is what he did. david was moving back to new york and we made a special award ceremony at the new operation center we were opening that day and david was first to receive an award in that building and he deserved it. >> ashley: everyone would agree

on that. david, were you ever worried for your safety in this situation? >> it didn't come to my mind at all, to be honest. >> ashley: what did your parents and family say when they found out this person in the video, the whole nation was talking about, was you? >> everybody is just happy that everybody is all right, nobody was injured. luckily, nobody was killed, could have went way south and everybody is happy it didn't. >> ashley: what did that woman say to you? >> she was crying to me, when she walked back inside, it broke my heart. she was crying and wanted a hug from me. >> ashley: she is very thankful that you were working that night. sheriff, not saying you have knowa easy job, i assume people like david make it easier when they can deal with this, subdue them until you guys can get there? >> he did a great job. he's truly a hero, that is why

we recognized him. we will recognize some other patrons, too, he clearly was the star of the show that night and gave us great description and our deputies caught the suspect hiding in the woods nearby. everybody did a great job. >> ashley: david, talk about the award you were given, that has to make you feel really good. >> i am completely honored to receive that award and i'm thankful that pauly and everybody else will receive reward, i'm honord and shocked and happy to be here. >> ashley: are you going back to wosh at that bar? >> you never know, i will take things day at a time and see how it goes. >> ashley: yeah, sheriff, this is not new york, this is florida, the laws are much different there, what can you tell us about the suspect, have you arrested him before? >> we have. but i guess what i would say

here and i'm a strong second amendment supporter, but alcohol, guns and anger don't mix and here is a prime example of that, that is exactly what occurred in this case. we're blessed god was looking out for everybody, that no one was struck by the rounds that he fired and he is in jail where he belongs. >> ashley: i believe six shots were fired off, if i read that correctly, david, is that right? >> correct, felt like more. >> ashley: i'm sure it did and i'm sure that situation seemed longer, as well, david, you are a true hero, we all appreciate what you did, especially that woman and those people in the bar. sheriff rick staly, thank you for being with us and thank you for giving him that award, people like him need to be recognized. thank you both. have a good day. kentucky is pucking wokeness on

notice calling out top banks for coy cotting energy companies. >> todd: what they are doing to hit back at those progressive policies. ♪

-- >> ashley: those students were named condemned students and governor youngkin said delayed

notification appears to be deliberate attempt to disadvantage high-performing students going as far to call this human rights violation. >> todd: kentucky officials putting wokeness on notice calling out banks like blackrock, citigroup over use of fossil fuel. jp morgan defending their position, we believe business practice are in line with kentucky law and we hope deeper look will lead to reconsideration. kentucky state treasurer allison ball says this will not be tolerated. thanks for being here. what do the banks need to do now that they have been put on notice? >> i would like to see them stop boycotting fossil fuel energy. it is important for america and kentucky. >> todd: if they don't, what are the kentucky consequences to

them? >> the consequences are serious in kentucky, two i think thises account happen. we could divest them, no longer include them and two, we wouldn't have government contract with them, would not enter more contractses with emthis. >> todd: you confident you have the law on your side with regard to these actions? >> absolutely, this bill was passed last year, if you are boycotting fossil fuel energy, then kentucky will not do business with you, the law is clear and tasked me with responsibility to make sure i'm doing what i'm supposed to do on this and feel confident on this list. >> todd: i read the jp morgan chase response, here is blackrock. we deliver for clients and have invested energy company globally blackrock does not boycott energy companies and will continue to be investors across

the energy sector. your response? >> sure, it is double speak. we looked at their public comment and commitments and looked at responses they gave to us directly and being looking at the busy of everything they said, we had no choice but to put them on the list. they are boycotting strongly and explicitly, we have not been haphazard, we have been thorough, same standard for everybody and every one of those organizations is engaging in fossil fuel boycott occurring to kentucky law. >> todd: what is interesting, blackrock says they deliver best financial result for clientses, energy had a good 2022, in terms of stock market, price, equity growth, you think that if they

were actually sticking to that delivering the best financial results, they would stick in energy, right, allison? >> absolutely, it is a great investment, we need it issue the world needs it headlines coming out of -- it makes me question what i thought all along, when they say they are not investing in energy because it is not profit believa, not a good future, i don't see facts to support that. they don't like fossil fuels and want to push it out of business. >> todd: kentucky is seventh largest coal producing state, generating 71% of electricity from coal-fired plants, i think this is popular in your state, this action. thank you for your time, we appreciate it. prayers and tributes for damar hamlin flooding in from across the sports world.

>> ashley: and we just got another update on his condition. dr. nicole sapphire is here next. while it's more unpredicta, its possibilities are endless. from paying your people from anywhere to supporting your talent everywhere, we use data driven insights to design hr solutions and services to help businesses of all size work smarter today. so, they can have more success tomorrow. ♪ one thing leads to another ♪

>> todd: the buffalo bills say safety damar hamlin condition is improving after a scary cardiac arrest during monday night's game. >> dr. saphier: the bills announcing hamlin condition is improving, he is still sedated

in critical condition. hamlin's family is speaking out publicly for the first time since monday. they say they are deeply moved by the prayers, kind words across the country and want to acknowledge. players on the buffalo sabres, wearing t-shirts that say love for three before their game with the capitals and the fer i wheel in maryland lit up with the number three last night, referencing hamlin jersey num numbers. dion dawkins talk about how sobering this was and jack brewer says buffalo return to game action will not be easy, listen. > >>y -- we are human, we are not athletes, not soutuperstars, wee

human at this moment. >> to have to go back out on the field, next week or the week after or the week after, it will be very difficult for these men to walk out there. >> dr. saphier: tampa bay buccaneers quarterback tom brady, we're praying for damar hamlin and his family, this puts into perspective what it takes to play the game we love. brady contributing $10,000 to chasing ends foundation, which has raised $6 million since monday night. they support initiatives in his hometown. the family updating gofundme page to thank fans, adding that the funds are being used for his

treatment. >> todd: bringing in dr. nicole saphier, what is your update? >> dr. saphier: i remain caut cautiously optimistic, he suffered severe attack on this football field, cardiac arrest, which is seization of the heart ability to be able to pump, lost electricity to the heart. they restored that heartbeat on the field, he had to be resuscitated while in the hospital. he is on a breathing machine to decrease the body's demand for the heart to pump. he is placed face down to get fluid off the lung. when the heart stops breathing, fluid backs up into lungs and blood is not able to go to the

body. time will tell how much damage he will face. it will be a long road to recovery, thankful and optimistic he issic maing some progress. >> ashley: with everything you have heard and everything that we know, is there a potential for a full recovery for this young man? >> dr. saphier: anything is possible in the field of medicine and where we are today is much different than where we were 10 years ago, when you have cardiac arrest and you are not in a medical facility, mortality is very high. it is incredible what happened, nay initiated cpr and recognized what was going on, to instill that heart rate in under 10 minutes is great. they were potentially able to shock him. he got straight to the hospital. this is best case scenario for

someone who experiences cardiac arrest, only time will tell if he will be able to fully recover. >> todd: you have the best of best medical professionals within feet of where this went down. all of the injuries we've seen on football fields, nfl wanted to be as prepared as possible and it appears thank god they were. looking ahead to the next 24 hours, that is oftentimes how medical professionals view the situations, what are you paying attention to over the next 24 hours? >> dr. saphier: we're only hearing updates from his family, but one thing we're all waiting and watching to see is when they will try to get him off the ventilator or breathing machine, once they wean him, that is when we will know how well his braen is recovering. right now he is essentially in a medically induced coma, or heavily sedated.

we don't know know how his brain is functioning. we will see if he is able to start breathing on his own and what his coherrency is, is a big step. >> ashley: they said shoulder bads cover the chest. when you look at an nfl player, it is obviously not as bulky as on the shoulder. do you think that piece over the chest is enough protection for such a vital organ like the heart? >> dr. saphier: football is a very dangerous sport and we worry about brain injuries, spine injuries and as we see in this case, cardiac injuries. the pads support the chest. courtis is what potentially did happen, that happens with blunt force trauma to specific part of the chest at very specific time in the heart's electrical cycle temperature is possible that is

what happened, there are many possibilities what led to this cardiac arrest. the most likely or most often when you see it, it is in adolescence, baseball players and soccer players thattic tathe ball directly to their chest there chest wall is weaker than an adult. do pad need to be more protective? i don't know, they have done a pretty great job. i think they are going to have to look at this and see are these pads enough and what can we do to further protect our players. >> todd: we have so many questions, hope they are answered within the next couples. dr. nicole saphier, thank you so much. >> ashley: thank you. >> todd: the latest batch of twitter files reveal california congressman schiff pressured platform to suspend accounts he

didn't like, we have details. >> ashley: and white house deflecting on the hunter biden investigation as the gop probe up to investigate the first son. >> they want to investigate the president and his family, not the american people and their family. >> ashley: we have joe concha on deck to respond next.

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>> ashley: new batch of twitter file expose congressman adam schiff's office for asking for individuals they didn't like to be banned from the platform. >> todd: joe concha joins us with more. joe, can you hear us? hello. >> joe: i don't hear anything. >> todd: still working on joe, we'll show a picture of adam schiff and my general question and more rhetorical question, ashley. who the heck does adam schiff think he is, that he thinks it is appropriate for a member of the federal government that has to follow the constitution to ban a member of the free press? >> ashley: we do want to go to

this, let's look at this thread. even twitter declined to honor schiff's request at the time, repeatedly saying we don't do this, even though the account in. u.s. government agent demanded suspe suspensions. i don't see how this was allowed, these are things you think will never happen and elon musk takes over and everything is coming to light. >> todd: we have a healthy respect for the constitution and know that even if topic x doesn't help us, we understand there is bigger issue at play, the republic, the united states of america and rules we have in place to govern said republic. it evolves from the constitution. joe, we have you back in here.

does the left not comprehend selective enforcement much freedom of the press is no freedom at all? >> joe: they comprehend it, but know they can take advantage of the fact the media to a certain extent and twitter was there to serve at the pleasure of their party and no member of congress, by the way, we know this, more interested in the media than adam schiff of california, who elections more than submarine screen door. again, time and again with the -- exposing shadow banning does exist, showing the fbi did work with twitter to suppress certain stories and now obviously we're seeing this with adam schiff, receipts are there and everybody in the media outside of this network and handful of others are covering

this, everybody else silence of the lambs, guys. >> ashley: in all times we've talked to you, i've never seen issues with your shot. good to hear your voice, joe. >> joe: first time for everything. >> ashley: right. federal investigation into hunter biden enters year four, white house press secretary karine jean-pierre is dodging questions on if the president knew anything about his son's business dealings. take a listen. >> they have evidence that joe biden lied about his involvement in family business schemes, did he? >> house republicans promise fighting inflation was going to be number one priority, instead what they are doing is wanting to do an investigation on the president and his family, that is their focus, they do not focus on the american people and their family. they focus on political division. >> ashley: is she deflecting, joe? >> joe: she's reading, ashley,

she had to turn to the page. where is the answer from the question i will get from doocy as pertains to the laptop? exact definition of deflection and here is the thing, preview of what we're going to see from the white house and allies in the media that republicans once they get their act together in congress, that may be time, they will engage in witch hunt of hunter biden and the president because they seek to embarrass the first family, diminish credibility and criminal role doesn't exist, that is their argument, congress doesn't have to do that without trying much and consider the hunter biden laptop have been verified and show influence pedalling in places like ukraine, china, russia, all on i were pa. can republicans get to point they can launch investigation

and need speaker of the house to do that. we have just as much of chance being that as anybody else. >> todd: i'm throwing my hat in the ring. i will throw my hat in the ring. joe, karine jean-pierre did the dodgeball thing, dip and dodge, dip and dodge. i find on social media, with regard to my own account and other people on the left, there is an active like pro-active attacking of the right when it comes to the hunter biden story, the jest is, you are wrong about asking questions about hunter biden as relates to joe. there can't be a story baz and never fill in the because. have you noticed that when it comes to the hunter biden story? >> joe: todd, it is so apparent and what objective journalists have is one gene, curiosity.

boy, these e-mails show a lot and no one is denying they are real. everything that is going on with china, and they are our biggest adversary and ukraine getting billions upon billions of dollars and russia bill adversary and the president's son did business in all these places and e-mails show 10% went to the big guy and bobulinski, biden's primary business partner. if this was donald trump jr.'s laptop and the big guy was donald trump, i have a feeling this would be the big story of the year and instead denied, dismissed, bias of omission. >> joe concha, happy wednesday, sir, hope the storm passes over the great state of new jersey.

>> todd: house lawmakers will try to elect a speak upper of the house today. congressman-election zinke joins us live. >> ashley: what is coming up on "fox and friends"? good morning, steve? >> steve: 12 minutes and eight seconds from now, will the fourth time be a charge? kevin mccarthy lost first, second and third vote for speaker of the house. what to expect as house reconvenes at high noon. and bryan kohberger accused of murdering four university of idahoun stereos spotted for the first time in court with police releasing some details of the forceful arrest in pennsylvania and now the parents of one of the victims speaking out, their message coming up and bills safety damar hamlin showing

improvement, but remains in critical condition in icu unit? cincinnati. his uncle gives an update on his current status. plus, look at that, congressman-elect, byron donald and dolan, newt gingrich, howard ford jr. and cheryl casone, we have a busy wednesday coming up 11 minutes from now on the channel you trust for morning news, todd and ashley, back in a couple, you are watching "fox and friends first."

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david spunt live in washington with the details. good morning, david. >> well, after a few hours from the drama on the floor, kevin mccarthy and his supporters will be back at it in just a few more hours hoping to gain more votes like 15 or 20 to be specific with 20 republicans holding out. mccarthy cannot be speaker. the margins over democrats are too thin to begin with mccarthy has no plans to drop out and will stay on for a fourth ballot. even a fifth or sixth if necessary. on the first round gained 203 votes. on the final 200. these are the republicans who voted against mccarthy in the third and final round yesterday. congressman elect byron donalds flipped his vote in the final round to jim jordan. >> my only thinking was that, you know, leader mccarthy doesn't have the votes. it's pretty apparent off the first two ballots. at that point then you have to start considering al turner tistles if he cannot get there i

think jim would institution is working? with awe due respect to kevin, he has been in leadership since 2009. let me be clear, the debt was $11 trillion then. it's $32 trillion now. when the leadership actually votes with the minority, votes with the democrats, to steam roll republicans which is the past history of our republican leadership, then maybe we should do something different. >> but jim jordan doesn't want the speaker's gavel. he is supporting kevin mccarthy. despite the 20 votes against him, mccarthy has plenty of supporters, 200, who are angry, many of them angry this is turning into such a spectacle. i said right from the beginning i didn't want any circular firing squads. we worked hard to get this majority. americans worked hard. they want to see improvements in our government and our fiscal situation. we have a lot of work to do. here's the deal. we've got the plans, we have the bills. we have the resolutions, it's

this than sense now that is interfering. >> meanwhile democrats are enjoying the chaos, showing pictures of popcorn. here is reuben gallego tweeting we are breaking out the popcorn in the dem caucus until republicans get their act together. right now republicans have 220 members and house democrats have 212. it's unlikely republicans would consider voting for remember technically, anybody can be speaker if they get the majority of the votes. they don't even have to be a member of the house. back to you. >> todd: david spunt. ashley strohmier. >> ashley: i already said i'm out. >> me too. >> todd: ryan zinke. congressman elect, will kevin mccarthy have the votes on day two? >> we'll see. you know, it's interesting to watch this unfold. because most of us were elected to get things done. and not be, you know, banners of

chaos. and, what we saw yesterday really was chaos. and the goal is to govern. so it's really not about kevin as a speaker or a speaker in general. it's about can the republicans vote to have a governing majority. and the speaker is the first step. there's going to be a lot of difficult bills on this journey. and, quite frankly, i have been to a lot of battles in my life. and i have. not every commanding general is george s. patton. we win because everyone does their job. the front line wins battles, not the gener general. in the house, it's not the speakers who passes the bills. it's the membership. there is a lot of work to be done. we have high inflation. all of these things are at risk because we can't find a path to get kevin mccarthy. in and there is a holdout from. a military pepper. you can't have snirns inside the

perimeter. when the battle begins. this is a battle for america on energy, on the border. on important things that americans want to see congress do. check the biden administration. have an investigations to open up transparency. all these now are set aside until the republicans unite together in a common message for the american people. asheville ash so what are these 20 g.o.p. house members trying to prove? what is the end goal here? the only reason the republicans won the house is because of the american people. they need these investigations to start. they need things to change, especially after the last couple of years under the biden administration. >> well, the frustration shifted from a policy where there's a lot of rules in the house and most of the demands that the freedom caucus, remember, the freedom caucus now is split. so we're talking about 90% of the republicans stand firmly behind kevin mccarthy. but the few, you know, what are

their demands? that was asked yesterday. to that there was very little, little answers other than individuals in the freedom caucus want gavels, individuals want priorities. individuals want special favors being pole vaulted among members that have been there. worked hard. raised money and made sure other candace win. there is a lot of hard work. took tough votes but, yet, a few members that squeal and demand special favors tend to have a voice right now. and a lot of these members, quite frankly, have been irrelevant. they haven't passed anything. and now they are in the limelight and enjoying fundraising off this, tomfoolery. this is chaos. the american public deserves better. we get to get to business. i think our country is failing. i think most americans feel the pressure on inflation and energy and the border. and these issues need to be

addressed now. this is preventing the congress from being functional. >> todd: congressman elect ryan zinke, we certainly hope you have a much shorter day dealing with all of these shenanigans today than you did yesterday but we'll see. we appreciate you getting up early on the day regardless. >> i still remain an optimist. let's hang in there and get the job done. >> todd: "fox & friends" now. ♪ ♪ >> day two of the new congress and still no speaker of the house. >> my hand is starting to cramp. >> after three failed tries kevin mccarthy will be back at it in a few more hours hoping to gain more votes. >> there is a point where you go from negotiation to a hostage situation. >> brian kohberger will be heading back to idaho where he will face murder charges for the killings of madison, kaylee, ethan. >> we're glad we live in the state of idaho with the death penalty. >> improving after scaring cardiac arrest during monday