>> todd: the former memphis police officers charged with murder in the death of tyre nichols have arraignment date set. there is a brutal and disturbing encounter with nichols. you're watching "fox and friends first," i'm todd piro. >> ashley: i'm ashley strohmier, in for carley shimkus. brooke singman is here with the very latest. >> brooke: the five officers charged for murdering tyre nichols will be arraigned on friday, february 17th. all five officers are facing charges including second-degree murder, aggravated assault, aggravated kidnapping and official oppression. they pulled tyre nichols over on suspicion of reckless driving. four of the five are out after posting bond on friday and there

could be additional charges for others involved. >> we need time to allow the investigation to go forward and further consideration of charges. nothing we did last thursday precludes us from bringing other charges later. >> i believe this is part of the institutional police culture, just as much as those officers are responsible for the death of tyre nichols, so is the implicit bias police culture that exist in america. >> brooke: nichols mother echos that same sentiment and says she will not rest until justice is

served. >> i will not stop until every person that had anything to do with my son's death is prosecuted to the fullest of the law. i hate the fact it was five black men that did this to another black man. my son probably was their age. >> brooke: tyre nichols accepted an invitation to the president's state of the union address next week. >> todd: officers call for a thorough investigation of the memphis pd. >> we know the laptop is legitimate and has damaging evidence -- >> todd: that is a different sound bite, that is james comer. if there is a common thread you heard from the officers we interviewed, it was, what we saw is not policing. nowhere is that policing. does your husband talk about

that? >> ashley: of course, the first thing he said, where was the training on this, this could have been stopped in the first three seconds. you cuff him and move on. i don't know what that was. >> todd: lack of leadership. >> ashley: it is, watch this video, rescuing a suspect after he crashed into the tracks. >> train. [screaming] >> train, move. [sounds of a train] >> ashley: before the crash, police say he stole their car during a routine traffic stop, before taking them on a high-speed chase and the young police officers were thanking them for saving the driver's life. the suspect is being charged with a slew of charges,

including reckless driving and damage to city property. >> todd: when i go over a train track, i think every single time. >> ashley: i don't do train tracks or bridges. >> todd: i love train track. salon in austin, texas on the virge of closing doors for good because a nearby homeless camp is destroying property and scaring away clients. [indiscernible] >> stop. >> ashley: the owners are here to tell us about the danger they are seeing every single day. ♪ ♪ ♪ ♪ ♪

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>> good morning, everyone. let's talk about the potential of an ice storm across the south. kind of quiet right now, things ramp up this afternoon into parts of texas, louisiana, up toward arkansas, mississippi, you see pink on the map, that is icing, really dangerous and people are to stay off the road. travel will be impossible for duration of time for some areas. winter storm warning for texas into oklahoma and ice storm warning for tennessee and toward

kentucky, missouri, that is an issue. look at dallas, looking at a wintry mix today into tuesday. freezing rain on tuesday afternoon. in the south, they are not prepared for this, that is a big deal. we have rain in the forecast through friday. we have a frontal boundary, area of low pressure that ride that frontal boundary and temperatures below freezing, we will get freezing rain threat and the heavy rain where the temperature is above freezing. wind chill is another big deal, dangerous cold as far south as the texas panhandle for the northern plains, upper midwest and temperatures well below zero, into dangerous territory. frost bite within 10 minutes for a lot of folks in the northern plains, that will go until tuesday and we have snow moving in to parts of the rockies and

the interior west. my main concern for today, tomorrow and wednesday is ice for the south, especially texas. folks aren't prepared for that, listen to your local officials. happy monday. >> todd: another one, right? now salon in austin, texas may be forced to close after a neighboring homeless camp continues to destroy their property and scare off clients. >> oh, my gosh. you got to be kidding me. [indiscernible] >> stop. >> hey, police, hurry, police. >> ashley: the co-owners of the salon join us now with more. ladies, thanks for getting up with us. we were just looking at that

clip we just played before i started talking with you. what was the situation, what happened? >> well, so this is kind of a third instance we had just that week. we started to see this man come act erratical lee in the parking lot, people were getting frightened. we asked him to leave politely, he charged and she ran in and called police and it escalated from there. >> ashley: the police said criminal trespass was issued and the incident is ongoing. they responded, what has the response been from the police, i'm sure you have called multiple times. >> yeah, honestly, i couldn't put a number on how many times we've called them in the last year. ittic tas them from 45 minutes to an hour to arrive when we

make multiple phone calls for incidents like this. >> ashley: 45 minutes. erin, what is the biggest driver as to why you're thinking about shutting down, is there an option to move it or is it not cost effective to do that? >> as far as being cost-effective, we are a small business, small business owners, that would be next to impossible. anywhere in austin is expensive, we're in a great area and this is plaguing our entire city. >> ashley: how long has this been going on? have you seen an uptick in the last six months or going on for a shorter or longer amount of time? >> it has gone on the last four years we have owned the business. definitely the last six months have been the worst we've seen. >> ashley: have you lost customers over this and maybe

employees? >> absolutely. >> ashley: they say this is the number one reason they are not coming back? >> yes. >> yes, people, we have a bunch of women working in here most of the time. you have a 250 pound man charging your store front with a concrete pole, you feel helpful. >> ashley: have you contacted city leaders at all? >> we've been on the phone with them nonstop, it emzoos like until we went to the media to share our experience special show people what we were going through, they have not been responsive in the last four years, hopeful thoughts that things will get betters, we don't trust what they say anymore. >> ashley: as far as the possibility of packing up and leaving, you have been in the area for four years now. was this your dream job to open

a salon and do this? >> definitely. you know, i grew up in austin and i love south austin, i love austin in general. we found this space, it took three years to find a space, we took out a huge construction loan. at the time, i had a toddler and a young baby and erin is a mother of two young kids. it is not an option to close shop, it is not easy as that. >> ashley: how will you support your families? >> egosh, i don't know. >> ashley: i feel like that is something a lot of business owners who deal with the same issues you have right now, hope you can get feedback from city leaders and maybe the police can step in a little more. i don't know what else they can do to help you guys. it is so sad to hear this happening. this is your livelihood, this is what you rely on to feed your families every single day.

i hope this story gets traction and you get attention on this and can have something happen. laura and erin, good luck, we're praying for you. >> thank you so much >> thank you. >> did you hear about this, rhode island vice principal asking teachers to help pay off the cartel coyote who brought a student to the country illegally. >> ashley: a rhode island parent is demanding answers. >> todd: super bowl 57 between ashley strohmier's chiefs and another chiefs, the eagles. one celebration in particular, speaking of the empire state building, ruffled a lot of feathers. we have the highlights for you next. (bridget vo) with thyroid eye disease... i hid from the camera.

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>> ashley: source ares reveal there have been 300,000 known gotaways this fiscal year, counting the number of migrants they have been able to spot. since october 1, 2500 migrants across the border everywhere, it is not just the southwest border. there are migrants wading in snow to cross the border. we spoke to lieutenant chris olivarez last hour. >> really it is impacting the southern and southwest border and no the northern border, you have people coming to the united states because they see what is happening think loo the southern border, they see how easy it is and how individuals are rewarded and incentivized and provided resources to live in the

country. >> ashley: there is 743% spike in migrants trying to cross the northern border. >> todd: that is outlanding border story, listen to this. rhode island assistantant principal getting heat for emails, encouraging people to pay off a cartel coyote. we have a group that helps people that gives timeframe to make a payment of $5000 of those bringing them to the state. we need to raise $2000 to meet goal of $5000 by february 1. a rhode island mom is joining us. nicole. since when are educators describing coyotes as groups that help people. >> this is alarming, parents have enough to worry about with critical race theory and now

human smuggling? the first thing she should have done was call police, not create a fundraiser, they had conspiracy to violate federal immigration law. this is a dangerous situation if this is happening in this school, it puts everybody at risk. if you are ing contacted by a coyote, we are exposing our students to the mexican cartel in public school. what happened, there was a guy -- in charge of this fundraising and the assistantant principal sent out this e-mail. this is alarming for parents and we need to know if there are kids being ransomed by a mexican cartel. teachers are afraid to talk. i got this e-mail because it was

leaked to a friend of mine that gave it to me. teachers say the students just appear, they ask the students, they say they just walked here. if they are walking across the southern border and arriving in rhode island public schools, it is important to understand not a single person crosses the southern border without help the mexican cartel, who deal in drugs and violence. they are selling human beings and fentanyl and use that money to buy weapons to shoot at our law enforcement and invade our country. the mexican cartel is in public school and that endangers everyone. we don't know if this student is a child, maybe they are posing as a child to facilitate crime like sex trafficking and drug distribution and cartel recruitment.

imagine they befriend this person and have a keksz to the mexican cartel? they kill people. are our kids being friends with kids or other adults who are going to be killed if they don't pay their ransom. how do you tell the difference in an 18 year old and 20 year old if they are enrolled in school? >> todd: all strong and frightening points. here is response from the principal. i appreciate the faculty and staff contributing to the cause that supports this student, the request is not appropriate, school principal immediately retracted when she learned the e-mail is now -- how dangerous is it for anyone associated with

a school, anyone associated with our kids to be normalizing human smuggling? >> it is dangerous. it is ignorant and naive. you are not helping people funding mexican cartel, you are hurting people. mexican cartel coyotes kill people if they don't pay the ransom and will probably kill you if you do pay the ransom and don't continue to do their bidding. it is amazing this happened on the heels of national school week and human trafficking awareness month, which joe biden just declared. >> todd: it is just words when they use them, just words to signal. the proof is not in the pudding, they don't do the work, as i like to say to get results to stop human trafficking and human

smuggling. they use words and this is sickening, a group that upon hads people is how they describe the cartel. nicole, thank you. democrats booted from house committees and here is ilhan omar's response. >> i wasn't aware of the fact there are -- money that has been very enlightening part of this journey. >> ashley: what schiff and eric swalwell had to say when we talk to joe concha next. (jennifer) the reason why golo customers have such long term success is because the golo plan takes a holistic approach to weight loss. we focus on real foods in the right balance so you get the results you want.

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>> ashley: democrats adam schiff and eric swalwell taken off guard. they are in the hot seat over committee assignment snubs. >> you said there was direct evidence of the fact donald trump colluded with russia in 2016, republicans argue that is proof you used your position on intelligence committee to mislead americans, which is why you should not be on the committee. >> only real explanation is he

needs votes and wants to retaliate. >> did you put yourself in a vulnerable position in any way so this alleged chinese spy could have benefited or even learned american secrets? >> absolutely not. there is nothing there. i did what every american should have. this is some bs, it is kevin mccarthy weaponizing his political views, he perceives me as an effective opponent. >> congresswoman omar, republicans are saying there is pattern of antisemitic statements that make you unfit to sit on in your case the house foreign affairs committee. >> i wasn't aware of the fact there are -- money that has been very enlightening part of this journey. >> todd: get to fox news

contributor joe concha with his reacton. what do you think of all that? >> joe: credit where credit is due, obvious facts were presented regarding adam schiff and his myriad of lies and leaking regarding evident of trump russia collusion, eric swalwell and his spooing with a chinese spy named fang-fangand ilhan omar and antisemitism toward israel. she called for boycott of israel and compared it to like boycotting the soviet union and nazi germany. the beauty of all three democratic lawmakers was justified here. only card they have left to play is the victim card and they look pathetic in doing so. elections have consequences, they should not be on these

committees based on their action and lies to the american people. >> ashley: they had to know these question, no matter what network, the questions would come to them, this is a hot topic right now. it emzoos like they do not believe they should have been taken off, especially eric swalwell, that is the one that gets me most, joe. >> joe: no doubt. they feel that what do you mean you are taking us off the committees? this is democratic play book that was established, the democratic precedent when they booted republicans off committees in the last congress. you can say, well, that should have been justified, once you set that precedent kevin mccarthy was going to do that. it is justified payback for all the reasons we listed in regard to schiff, swalwell and ilhan omar, todd. >> todd: is this a good sign

most americans realize these three should not be near classified information? the fact dana from cnn not necessarily right wing media is saying that? >> joe: exactly, todd, particularly in regard to schiff. he leaked to the press more times than you can count regarding classified information in the middle of hearings, this is the biggest open secret in washington and he was going to do so again if he was on any committee now, particularly the intel committee, which isful having so much sensitive information. this is what happens when you have a new house speaker, he or she can use the gavel how he or she desires, nancy pelosi. feeling pain republicans felt in the last congress. >> ashley: novak djokovic won the u.s. open one year after he was banned over the covid

vaccine mandate, quite a win and message there, joe. >> joe: i was floored that the u.s. open last year would not allow the best player in the world to play in the tournament because he wasn't vaccivaccinat. if you are unvaccinated or vaccinated, you can still transmit coronavirus to other people. if you're a world-class athlete, there is almost no chance you will die or get sick from coronavirus, given you're young, you have antibodies and you can fight this stuff. the fact djokovic had covid, therefore had natural antibodies and they wouldn't allow him to play is unbelievable. especially when you look at the u.s. southern border and you see people coming over unvaccinated, they are allowed to stay, but

djokovic couldn't fly to new york and play in the u.s. open because he wasn't vaccinated. this sends a message that should have neverhappened and good for him as he continues his march to win more majors than any tennis player in history. he's one of the greatest of all time and earned it this weekend. >> todd: huge win for djokovic and huge win for standing up for freedom. people got dragged through the mud, seems like he is getting his due. >> ashley: i noticed in the northeast you and joe say tournament, where i'm from, it is tournament. every time i hear it, hmm. >> joe: do you say caribbean or caribbean? i dp caribbean. >> ashley: opposite day. >> todd: go to joe's house and see how ashley and joe say them

different. joe, thank you. >> joe: okay, chiefs, by the way. >> todd: with that in mind, we know who is heading to the super bowl. joe just gave it away, in the afc, ashley strohmier kansis city chiefs, fighting stros between now and two weeks from now, played the bengals after game-winning drive led by who else but patrick mahomes? >> still got a chance, take your time and take the shot down. patrick mahomes rolling out on third and four, going for the -- marker and got the out of bounds to stop it. flag coming in to put them 15 yards closer. from 45 yards. all the way, it's done. >> todd: couple things, we could let this have go longer, i want tony romo in my ear telling me

what to do. that set up the game-winning field goal, chiefs take it 23-25, not happy, controversy with 10 minutes bengals stop the chiefs, however, refs ordered a do over. first down after penalty. chiefs star kelce sending a message to those who talked smack. >> wise words for the cincinnati mayor, know your role and shut your mouth. you got to fight for your right to party. >> ashley: he's something else. >> todd: did you know dwayne the rock johnson was your tight end? my sources tell me there was another game, i blocked it out.

philadelphia eagles stopped the 49ers 31-7. again, eagles won both playoff games by combined 55 points. they wrote that to make me sad. city of philadelphia celebrating and this happened. what? the empire state building, which is in new york city, where the giants play, turning green and white, new yorkers not happy about it. calling the display bird brained. man, this got me fired up. you can watch the super bowl on sunday, february 12, on fox. i'm a corporate guy, i will stop being angry toward the eagles. i will enjoy my anger and get on board leading up to the super bowl tomorrow. >> ashley: he will be cheering harder for the chiefs than i will be. >> todd: i will be full on -- >> ashley: isn't travis kelce playing his brother jason kelce? interesting match up.

>> todd: i hope travis wins. president giving us his word that america is bright, 71% of americans couldn't disagree more. >> ashley: cheryl casone is here next.

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>> todd: president biden heading to baltimore today to tout infrastructure bill and generating buzz ahead of his trip with this tweet. my word as biden, i've never been more optimistic about america's future than today. >> ashley: he said it just like that, too, cheryl casone is here. >> cheryl: a lot of heat online about that, in particular, according to recent poll from nbc news, nobody feels that way except president biden. 71% of americans believe the nation is heading in the wrong direction and who could believe this know wo, chuck todd, meet the press, putting a point on it. listen. >> more than two-thirds use negative terms and phrases, downhill, disaster, both sides of the aisle. we're in the longest sustained

period of wrong-track number that high in the history of our poll. it's been 2-1/2 years of sustained pessimism. >> cheryl: best response from chuck todd, the woke are now waking up, question mark? here is the economy. he is going to be touting this new tunnel, baltimore potomac tunnel that needs to get fixed, fair enough. the $1.2 trillion dollar infrastructure package, money will start flooding the system and that caused inflation, it is coming full circle. >> todd: if 71% number stays up to 2024, i can't see him getting reelection. big tech censoring of the hunter biden laptop story. >> cheryl: a hearing on february 8, will be several former

twitter executives, we don't know their names yet, they are testifying before the house oversight committee. big tech's role in censoring the hunter biden laptop story. elon musk fired those responsible for censoring the "new york post" and hunter biden laptop story. the other thing, we've learned from twitter files, politicization of twitter in the part of. the hearing will be interesting, but same time, elon musk made a lot of changes at twitter. >> ashley: we spoke to congressman comer this morning, a lot of people want to know what is coming out of this are hadding, a lot of questions asked, not necessarily about hunter -- >> cheryl: we have a sound bite from james comer, play that real quick.

>> we know the laptop is legitimate and has damaging evidence for several members of the biden family, including the president of the united states. why did they take extreme measures to know bathe "new york post," what process the federal government took in coordinating with twitter and we will learn later on what process they played in having facebook and other social media platforms. we'll see a lot of stories that the federal government and talking about fbi and doj, played in suppressing conservative speech. >> cheryl: james comer, new committeeir cha, his first big hearing. >> ashley: it will be and this one, n.b.a. star steph curry and his wife are asking the town to invest in a considerably taller

fence around their mansion. i don't know the politics, it doesn't matter, it is the point, it is privacy. >> cheryl: that is definitely the story. let me show you part of the letter they wrote to officials in california, wealthy, wealthy area, everybody. safety and privacy for us and our kids continues to be our top priority and the reason we chose this as home, this is the condo projects, there are concerns with safety and privacy. this is san mateo county, most expensive zip code was natherton. 7.5 million is the average price of a home. they don't want a projects? anybody that buys three-story townhomeland securities in atherton will have a lot of

money, not like they are building track homes next to steph curry home in natherton. other people are complaining about we bought mansions here and they are saying you can't build townhomes next to us. the horror. >> todd: interesting. >> cheryl: they want the city to pay for them to have higher fences. what? happy monday. >> ashley: thanks, cheryl. >> todd: top lawmakers sounding the alarm war with china could be coming as soon as 2025. >> i think as long as biden is in office projecting weakness, as he did with afghanistan that led to putin invading ukraine, odds are high we could see conflict with china and taiwan. >> todd: that is scary, lawmakers don't believe our military is ready, joey jones,

is on deck. >> ashley: check in with brian kilmeade. good morning. >> brian: what we have on tap, hope it is okay. dozens of migrants seeking shelter in new york city and refuse to leave, why they are against trading acommendations, including food and clothing. people in a small mississippi town may be without clean drinking water for a decade, how it is pacting their way of life and chicago mayor lori lightfoot turns violent streets into a dance party. what does the democrat face reelection to celebrate? she is leaving. young finance guru shares how owning $200,000 car is within rich. i don't know where you find a $200,000 car. piers morgan seems nice and jim gray will break down the super bowl match up and dave reuben

knows everything about everything, we'll talk to him and will and christine, don't miss a minutes, we advise strongly that you get dressed. .

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>> todd: four star air force generals reportedly telling his officers to prepare for war with china within the next two years. head of the 50,000 air mobility command saying quote i hope i am wrong. my gut tells me we will fight in 2025. the house of the hair foreign affairs committee agreeing with the general's prediction. listen. >> i hope he is wrong as well. i think is he right though. i think china is looking at reunification of taiwan, right? that's how they call it. there are several ways to do that the first one is to influence the election that will take place a year from today president xi's party is running for re-election. if they don't win in that one, they are going to look at

military invasion. >> ashley: fox news contributor and retired marine bomb tech. >> joe: y jones joins us now. what do you think about all of this? do you think we are going to be with war in china by 20205. >> i think predicting war representative need to think things through a little bit differently. you talked about the chairman you just had on. even the ranking member on the democrat side. they said very different political things. basically mccaul saying biden is weak. smith is saying that it's not inevitable. as a matter of fact, it's unlikely. what they both said maybe where the truth is that we are not prepared. culturally report all the time about our military being trained on things that err on the side of feelings and acceptedness and kum ba yah. and air force general put out a

memo you might want to put yourself in check because we could go war in a couple years. that's not controversial. that's leadership. i don't know if this general halls any insight through his command. it doesn't seem like he is on any high intelligence post as far as combat and commander goes, but he's in charge of tens of thousands of troops and it's his job to make sure they know that they are not going to mardi gras, they are going to war. thawhat they need to be prepared for. that's a very responsible thing to do. >> todd: you just mentioned the comment from the top democrat on the house armed services committee about military red redness. listen to what he had to say. >> this is a huge problem. we don't have the industrial base and we don't have the ability to ramp up that industrial base. the reason that they don't have the ability to makes a many weapons as we now need is because they don't want to make that major investment without what they refer to as a demand signal. we need increase that ability to surge when we need it. >> todd: joey, can we do anything this late in the game to bolster our defenses both

when it comes to the equipment but also in terms of the things you just mentioned trach, things that don't make us war fighters but make us, in your words, kum ba yah lovers. >> can we? absolutely. the question is will we and how effectively will we? you have to take a 30,000-foot view on this. it's not the american people's fault or the ground troops fault that the afghan war was botched for 20 years and spent billions more dollars there than we had to accomplish what we did. now in ukraine giving them every weapon we can i'm not saying that's right or wrong. you have to be prepared for it. if we send them a tank we should be building one more back here one to he radio place it and the one to replace the one we already should have built. that's the type of plan we have to have. that takes a whole lot of spending. who do you spend that money had when we gave $2.5 million in the mdaa just for fuel inflation. not for fuel itself. that's a problem we have is

failed leadership. president biden has to take a little bit of responsibility for ukraine getting to where it is. for afghanistan being what it was and now is we are spread very thin with the threats we have around the world for whatever reason that may be and no matter who the next president is, right now it's president biden's problem. right now it's the generals in charge, it's their problem. and they should be prepared and they should be telling their troops war is always around the corner. listen, if somebody beats you up and takes your lunch money yesterday, that doesn't mean you tell the next bull i couldn't can't do that because i just got my lunch money taken. we just got out of a war we might be actively in the middle of one. but we have to keep our eye what is on the horizon. i don't know if that means a ton more spending or maybe a change in culture in leadership and men and women use whatever equipment we have to defend us mentally, physically and professionally prepared and i just don't think that's our goal and that's where our efforts are right now. >> todd: if you sign up to be part of our military, like you

did, joey, our nation owes you, owes you the best equipment the best resources the best effort behind you. right now that doesn't seem like that's the case it. seems like we are setting our brave men and women up to fail. >> ashley: look at the numbers, dwindling. shall. >> todd: with that, "fox & friends" begins right now. have a great monday, everybody. ♪ ♪ >> ashley: arraignment date set for the exmemphis police officers set for the death of tireee mic columns. >> dealing with abuse of policing. >> you are not getting the best of the best. >> president biden on the road touting infrastructure word. >> my word as a biden i have never been more optimistic. 71% of the nation believe the nation is heading in the wrong direction. >> more than two thirds use negative words, counsel hill, off track. >> telling fox news that nearly 300,000 illegal immigrants