about the animals there. a staffer recognized him from photos released pie the police. dallas morning news said irvin entered the zoo several times and he had plans to take additional animals. he is charged with six counts of animal cruelty. >> fox news alert, house republicans bringing president biden border crisis to capitol hill with two border patrol agents set to testify just hours from now. you're watching "fox and friends first," i'm todd piro. >> ashley: i'm ashley strohmier, in for carley shimkus. border agents say the border situation has gotten out of control. one homeowner told just how bad things have gotten on her ranch. >> we just finished construction

several months ago, this is the second time they attempted a break-in. it is sad we cannot come up here and enjoy the life that we did several years ago without fearing for our lives. we have constantly got to be armed. there is no feeling of safety, it is fearful. you are looking over your shoulder and listening for sounds that are not familiar to you. you do not feel safe. >> todd: today an arizona man being held on one million dollar bond and facing first degree murder charges for fatally shooting an american citizen for trespassing on his land. >> ashley: the president will deliver has state of the union tonight. we begin with marianne. >> marianne: in arizona, a

rancher sits in jail for shooting and killing a migrant on his land located 75 miles south of tucson, just a mile and a half from the border. the arizona rancher, george allen kelly facing first degree murder charges. the judge refusing to lower his bail despite his pleas to go home fearing for his wife's safety. she is there by herself, no one to take care of her, the livestock or the ranch. border crossings in arizona, illegal migrants and drugs continue to flow freely into the united states and the biden administration failing to acknowledge there is a crisis. >> we have a president and administration that will not acknowledge we have a crisis at our border. it being too the president 718 days to make his way down to the border for three hours when larry, don't forget, he carved out 146 days for vacation time.

>> marianne: and border czar kamala harris continuing to tout the biden administration root cause plan, asking for more taxpayer money, not to give a wall, to give away to countries with largest number of migrants to deter illegal crossings. sbc agents are set to testify today just before tonight's state of the union address. >> ashley: thank you. cbp officers seizing fentanyl pills and nine pounds of cocaine in six loads in just one week. smugglers hid the drugs in bumper and gas tanks, pills were found taped to legs. fentanyl has been seized since january 1. hours from now, president biden

will deliver his state of the union address, expected to brag about what the white house calls economic progress, rising cost at the grocery store and gas pump could make it a tough sale. >> todd: alexandria hoff joins us with more. >> alexandria: the president's goal will be to ensure the american people their lives are better off under his leadership. according to the white house, president biden will show the american people his plan to build on the deficit reduction his leadership has already delivered by having corporations pay their fair share and lower prescription prices. here is brian dies. >> i think the president is hoping to do two things with the economy and the state of the union. first is to put the progress we have made economically back into

the broader frame that really compelled him to run for president in the first place. >> alexandria: dies is among key staff soon leaving the administration, the president is seeking a new chief of staff while dealing with the debt ceiling. kevin mccarthy says he is looking to compromise on that if there is agreement to cut spending. >> mr. president, it's time to get to work. sure we are messengers both agree that the national debt is too high. surely we both agree that inflation hurts american families. surely we can trim waste and streamline programs to make them both stronger and more efficient. let's do this. >> alexandria: tonight's state of the union is seen as kickoff to the 2024 campaign and the president's approval rating is

45%, down since the highest in june of 2021. and president biden and vice president harris will head to states poised to be critical in 2024. >> todd: with that, bring in florida congressman cory mills, many say they are worse off than before president biden took office. 16% say they are better off since joe biden became president. could that be because the economy is not strong despite the urging of the white house? >> cory: that is right, todd, one thing president biden doesn't talk about 13% increase in inflation since he's taken over. he touts the great job report. many of these people in the job reports are having to look for second and third and fourth job

to sustain gas prices, the inflation, cost of living increase and cost of grocerying. a lot of these are not just this, people returning back to the job market after the covid lockdown and shutdowns have gone on. i don't think the numbers are completely accurate, they are a plus up for the state of the union address and don't address the real issues when it comes to still our gas prices are far too high, cost of living is far too high. parents having to make the decision, do i fill my gas tank or buy groceries? that is economic prosperity biden likes to tout around. >> todd: these numbers are going to be revised down because they were juiced up for the state of the union. keep our eyes on that. americans struggling in this economy, total cost up 6.5%, rent up 8.3, food prices 10.4

and electricity costs have surged 14.3%. taken as a whole, isn't this the real state of the union? >> yes, that is exactly right. talk about being ises of joe biden, state of the union about successes, this would be one of the shortest state of the union addresses in history. we have record increase in criminality, sexualization of kids in schools, we have the spy balloon that just came over showing weakness on the world stage or the afghanistan botched withdrawal. one thing we didn't see in the last state of the union, how about the commander-in-chief offer condolences to the gold-star families, this something offensive not just to veterans, but other gold star families that deserve this

acknowledgement. >> todd: i don't think we will hear about that tonight or the 718,000 migrant encounters at the border, the spending under the biden administration, we will hear about the climate stuff guaranteed and president biden enjoying 207 days of vacation, just 22 press conferences. are you expecting a speech heavy on climate and very light on the border? >> cory: i think it is going to absolutely step aside when it comes to the border. he will talk about climate change and crease in investment and tout job numbers. he will not address the real issues and things he knows he is failing in. the american people deserve transparency. this is state of the union address, address the good, the

bad, the ugly, be transparent and honest with the american people and joe biden is the least accessible president we've ever had. he will not take hard questions or address real issue. he will spin things for the american people so they can believe he is doing something right. >> todd: i think it will be a polyanna speech. he said climate change is the greatest existintial threat as the balloon made its way across this country. cory mills, thank you. >> ashley: one pittsburgh police officer is dead and another hurt in a shoot out with a man having a mental health crisis. a domestic disturbance call when the man shot at both officers before fleeing the scene. a third officer returned fire.

police are preparing to charge him saying the precinct dealt with him before. the community is mourning the loss of an officer. chuck thomas was released last night. shooting of off-duty officer fighting for his life. charges pending against the suspect accused of shooting the officer in the head during attempted robbery on saturday night. the officer and his brother-in-law were responding to a faceback marketplace ad when the seller pulled out a gun. the victim was taken in, neither the suspect nor victim have been publicly identified just yet. >> todd: florida teenager pleading guilty for the horrific 2021 death of 13-year-old tryst an bailey, who was found with 114 stab wounds half a mile away

from his house on mother's day of 2021. surveillance footage capturing the two walking together and shows him returning home alone. he admitted he was with bailey the night he was killed. this is his first court appearance in two years, he will be charged as an adult. his mother was charged with evident tampering, she washed his blood-stained jeans. and caregiver for alex murdaugh's mother sharing that murdaugh dropped by his mom's house on the night of the murder and was holding what appeared to be a blue tarp. >> blue something in his hand, something blue. like a tarp. >> blue? >> blue. like a tarp that you put on a car to keep your car covered up. >> todd: smith testifying murdaugh remained at the house

20 minutes. he insisted she say he stayed there 30 to 40 minutes. his surviving son will take the stand, buster. fox news alert, 5000 people reported dead after massive 7 not approximate 8 magnitude earthquake in turkey and syria. u.s. deploying teams to the region, understand thises remain trapped in the rubble. >> ashley: the fbi getting set to knowa lies remains of the shot down spy craft. how the government should respond next. >>-- >> president biden: no, made it clear to china what we're going to do, we are not going to back off, we did the right thing.

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>> todd: a fox news alert. the biden administration deploying teams to assist rescue in the earthquake. israel will aid syria, which was also hit. officials in turkey have rescued people buried under rubble, but

expect more to be stuck. the death toll could reach 10,000 people and damage expected to be in billions. prayers for the folks there. the chinese spy balloon heading for investigation. >> ashley: good morning, brooke singman. >> brooke: senators are preparing for third degree's briefing on the chinese spy flight and next steps are respect to china. president biden says his administration is ready to deal with the fall out. >> president biden: we made it clear to china what we're going to do, they understand our position, we will not back off. we did the right thing. this is reality. >> brooke: we're learning the spy flight had the potential for explosives to detonate and

self-destructs, senior government sources will analyze the remains at fbi processing lab. the airship flew over several military bases, weighed nearly 2000 pounds and was 200 feet tall. mike pompeo criticizing the biden administration for allowing something so dangerous to stay in the sky for a week. >> the chinese may have been able to blow this thing up themselves. imagine that, if you knew that, they didn't understand risk. >> brooke: the white house seems to be struggling to defend claims previous -- flew over in the trump administration. >> how is it possible this administration discovered three previous balloons, but trump officials didn't know it was happening. >> i think and we've talked before about how -- when the prc

government surveillance balloons transited the united states three times during the president's prior administration, intelligence community is prepared to give briefings to key officials. >> brooke: gop lawmakers claim this was a divergency in shooting down the -- >> ashley: if it didn't do the most damage it was now because there were so many americans who actually saw this balloon go from corner to other than coer of the united states and i think that is most pressing situation right now. also, we don't know what this balloon was collecting. >> brooke: we don't and i spoke with key officials and they said they were not as concerned about

this balloon because they said that the intelligence gathering capabilitieses were not any more aggressive than the chinese communist party uses when collecting intelligence on the u.s. americans looked up and saw this. people are not aware of the chinese threat, i don't think the government has explained this. this is what house republican are sounding the alarm on. communist party send people to the united states to collect information. christopher wray warned chinese intel gathering in the u.s. is opened once every 12 hours. >> todd: all tiktok, i don't mean to drag tiktok into this, this is surveillance tool on 100

million americans. get your thought on what democrats are saying. they are saying two things, trump, even though nobody in the trump administration had knowledge of anything balloon wise happening during their administration and we've learned if something happened, it was discovered after trump was out of office. democrats is saying we have gained intel by allowing the balloon to traverse the country. if we would have shot it undo, we would have gained the same intel before it gave intel back to china, right? >> brooke: military and defense officials are not saying that, they held a briefing saying we didn't let it travel across the country, we waited for it to get over water to have the best shot and not to shoot it down over states that could potentially cause damage. democrats can say that, officials at the pentagon are

not saying they were waiting to gather intelligence, that is not why they waited. >> todd: we're talking about this, there is confusion and president biden has his state of the union, he'll talk about the good things in joe biden's america. here is what the "new york post" thinks everybody will be talking about. deflate of the union, this china balloon, joe biden's address, whether he addresses anything but celebratory mood is disingenuous, china infiltrated the united states. eric adams lifting vaccine mandate for city workers, we'll look bab at the workers who have been left behind. >> second-class citizens, they don't care about it us. >> you don't want to comply, okay, yeah, bye.

>> ashley: plus, the ohio governor ordered thousands living within a mile of this train derailment to -- live with two residents in the area on what they are seeing next.

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>> ashley: the governor of ohio is ordering residentses of a small town to evacuate homes after fears of a catastrophic explosion from a train derailment. workers are planning to release toxic chemicals to avoid a chemical blast. joining me are east palestine basketball coach tristan reynolds. you know you are not home right now, where are you staying? >> at a hotel. >> ashley: about 15 miles from your house? >> about eight to 15, yeah.

>> ashley: where were you when this train derailment happened? how did you find out and what did you do once you found out? >> i stayed back after the basketball game on friday cleaning up a little bit. last out of the building and decided to go home through the middle of town. when i did, i seen the train come to a almost like a screeching halt, which is rare to see. i decided to take the detour down my road close to where it was burning and get out of my car and i see arguably the biggest flame i've ever seen. >> ashley: what did you smell? >> i can't really put my finger on it, to be honest, pretty intense smell that almost hit your eyes first before anything

else. it was potent and strong. >> ashley: one of the main hazardous materials being carried in the rail cars was called vinyl chloride and risks are rare form of liver cancer, primary cancer, leukemia, one of the most toxic chemicals to the environment, as well. do you have any idea when you will be able to go back home, has anyone said anything or no idea? >> i feel like more of sit and wait type of deal. i feel like they have the situation under control for the toxins, i don't know anything about that aspect of it, i have a feeling those close enough to the zone, it will be decent amount of time before letting everything settle. i feel like it got in my house a little bit being that close, that will take a process airing out. >> ashley: looking at the

images, it is astounding how bad it looked and that is pictures and videos and things look worse in person when dealing with this. you were talking about the chemicals penetrating your house, what is the worry with that? what if you go back home and you can still smell that? what are you going to do from there? or do you not know? >> honestly, i do not know the answer to that, it is a type of situation before you go back, you do research and make sure everything is safe, not just for you, for everyone involved and then you start to look at the cleaning crew aspects of everything and make sure everything is taken care of before you go back in. i don't know the answer of when, i just know sit and wait and fill it out. >> ashley: you have to feel are if the people working to clean that up, no matter what they have on, hazmat or whatever, there is stuff that will still

get through. >> one man said he was staying home taking care of his elderly mother. do you know, has everyone you know evacuated? are they safe or staying? >> i know some people do not want to evacuate, i don't know who, i just see different reports here and there. people close to me, family, friends, in the area, have evacuated, yes. >> ashley: you know, you see the images and it is so tough to see. i have to say, we love our dog lovers on this show, we know you went back to get your dog out of your home and that has been a struggle to find a place. you stayed at the high school overnight, but it wasn't

suitable with the dog. thank you for going to get your pet. please stay safe. >> absolutely, thank you for having me. >> todd: horrible situation there. mayor eric adams ending the covid-19 mandate for city workers that caused 2000 employees to lose their jobs. vaccines are option now starting on friday, but those workers will not get their old jobs back. the cities they can reapply for their role. you have 2000 people here who will not get their jobs back unless they apply. >> ashley: this infuriates me to a different level, i have to take a step back. you have workers, you have people who were still working majority of them during covid, teachers, sanitation workers, police officers, don't forget

about them, who put their lives on the line during covid. as soon as the vaccine came out they are mandating it for city workers, i think every employee who was fired deserve back pay and need to be reinstated. i think a lot of people wouldn't want to have that job back. they were treated like trash. we had a group of teachers on yesterday, two teachers, joy and cassy. joy has a small child, she was forced into termination and cassy was a math teacher for 25 years and they fired her. not only did she come out of retirement to help during covid, she got the weekly testing and they fired her because she did not get vaccinated. i cannot stress enough, people

deserve back pay more than anything really. the option to get their job back. they need restitution type pay back. first thing the city does. >> todd: we need to remember what happened here. their lives were up-ended for a private health decision. remember that. they made a private health, think of all the private health decisions you and i make on day-to-day basis and we're not fired. the state government decided to get rid of these people because of private health decision. the employees, specifically with the police officers issue not like we're in a situation where we can do away with as many police officers, we are desperate for police officers. the fact they need to reapply for their jobs is incomprehensible. these people decided to work during the pandemic during a

time nobody knew what was going on, they sucked it up and provided for their state. this is what the state does to them. we had some on the show. let's take a listen to some of them. >> we are second-class citizens, if we are not making mill knowios, they don't kier about us. >> we went from heroes to zeros. everybody was empathetic and we were congratulated. all of a know is, you don't want to comply? yeah, bye. education is not to be discriminated against, huge discrimination against the city and children and harm done. >> todd: again, lifting this mandate months after they lift the private mandate, remember that, as well. this doesn't jibe together and it is wrong what we are doing to the workers. >> ashley: unions representing police officers and firefighters, has been a mess.

city workers are planning to go to court suing for back pay for members put on leave without pay. one litigation, it was illegal punishment and they were not given due pros. that is what i say about back pay, any city workers, that is the first thing that comes out of their mouth, that was their livelihood. >> todd: when you look at kathy hochul budget, it is in hundred of billions of dollars and back pay should be included in that. fed up with woke curriculum, wait until you hear about lesson plans across the country this black lives matter week. >> ashley: there is this. >> congress must fix our broken immigration system. and congress must provide the necessary funds for border security. >> ashley: vice president kamala harris wants someone else to handle the border crisis she was assigned to tackle and now even

democrats are losing confidence in her abilities. that is next.

>> todd: the owner of the rob delaney repair shot that received hunter biden laptop says hunter's legal team broke

the law in the claim the layoffs was stolen. the first son's lawyers violated federal and state law after mac isaac says hunter signed a release form. signed by hunter and the hard drive to which the data was recovered 90 days later, it became abandoned property. the best disposal of the laptop would be to turn them over to the authority. hunter biden legal team denies the laptop belongs to him after last week when they sort of acknowledged it belonged to him. >> ashley: democrats losing faith in kamala harris. in private conversations over the past months, dozens of

democrats in the white house and around the nation says she has not risen to the challenge of proving herself as a future leader of the country. i can't think of one thing she's done except stay out of the way and stand beside him at certain ceremonies. >> todd: she's had two years, what has she done besides nonsensical word salad and talking about getting to the root causes and she's done nothing. democrats are scared, don't put it past the democrats to view this as opportunity and i think ted cruz summarizes this knives out mentality perfectly. take a listen. >> when democrats want to kill each other, they have the "new york times" on speed dial number one. and what this article is, is everyone ambest of my recollection democrats looking at joe biden. joe biden will not run in '24, i

do not believe he will be the democratic nominee in 2024 and ambest of my recollection democrats are measuring the drapes and looki elizabeth warrn and pete buttigieg and you are right, hillary is seething with jealous and knives from every direction. >> todd: two parts of this. one, concept ted cruz is you can taking about, primary before the primary and reality of the situation, she hasn't done anything to earn accolades or kudos. >> ashley: democrats and cruz summed it up, look at her as being in the way. she's second in command right now, one of those you waltz in situations. kamala harris is just a wash as

vp, i can't think of anything other than giving billion dollars to central america when the border is wide open and cartel is filtrating the united states and we have a fentanyl problem and crime crisis and illegal migrant crisis, a lot of things she could be helping with. she is the border czar and she is yelling at congress saying they are not giving funds to secure it. then why isn't she making them do this. she needs to go to the border. she went to texas at some points, she went to talk about reproductive issues, she could have made a flight to a border city, i'm here and looking at it and assessing the situation, let's get something done. she did not do that. >> todd: two things stood out, the phrase lost hope is different than we wish she could

be better. lost hope is bad for kamala harris, that is coming from allies, not from detractors. secondarily, that donor you mentioned, he said one main argument against biden, he picked her and he's 80. the vice president is important role if the president cannot serve remainder of his term. we have been talking about her failures and watching them over two years and hasn't got know better. >> ashley: i will say this, i sit up here and push on them a lot, we all do, it is not that we don't want them to succeed, if they don't succeed, none of us succeed. it is about pushing them, hopefully they watch and they are like, we need to get this problem solved. they need to work with border states and cities and do something to get this under

control. >> todd: here is the main area we need them to succeed. vice president harris continues searching for root cause of mass migration instead of securing the border. she is unveiling 1 billion private sector investment to central america, bringing the total to 4.2 billion. >> ashley: former ice director is joining us this morning. we just touched on this in our ad lib there for a second. i want to talk about vice president kamala harris and how she's calling on congress to address the border crisis. listen to this. >> at the end of last year, we saw rising level of migration from other countries. congress must fix our broken

immigration system. and congress must provide the necessary funds for border security. >> ashley: jonathan, what do you think? do you think she has control of this or she's pushing it off on congress because she doesn't want to do it? >> exactly, she could do something. this administration could do something. this idea is utter nonsense, they won't enforce the law. every policy they introduced since president has been in office is to deter enforcement and encourage illegal immigration. it is utter nonsense and it will continue for the next two years. they are hoping the media will blame it on congress act. they are not enforcing the law, why enforce the next law is the question. >> todd: when you blame

congress, people think of the house under republican control, this there way of blaming republicans for a problem they caused. with that, this billion dollars that is going to the border, isn't that wasted money and should it be used on border security? >> or maybe invest in america and jobs here. back to nonsense of this root cause thing, this is money from ump cans t that might be investing there anyway. immigration is being caused because of climate in guatemala or because they don't have bank cards is utter and complete nonsense. if they are asylum seekers, try are we trying to deter them from coming and contradiktss illegal immigration is good for the country. why are we trying to solve the

root problem to deter something that is good? >> todd: good point. >> utter and complete nonsense, all lies and the lies contradict each other. it is true if you look at it. >> ashley: jonathan, today border chiefs are set to testify before congress, house oversight committee. do you think, what do you think will come out of that? do you think the biden administration will take what they hear and put to good use? >> no. what will come out of it is more attention to the issue. if they testify truthfully, they'll testify at utter lack and catastrophic leadership of the dhs secretary who is not only promoting false narratives on a daily basis, he's throwing border patrol agents under the bus and makes it harder and more dangerous to do their job in addition to making it dangerous for american citizens.

hope to bring more attention to it, will they listen in good faith and try to solve this problem? absolutely not. they want this to happen. theyun waed the open border, they campaigned on it and they didn't suffer at the ballot box, this will continue for two more years. >> todd: i wonder if mayorkas survives this, he did not want these individuals to testify. that is another black mark on his record. jonathan fahey, thank you, we appreciate it. >> todd: counting down to president biden's state of the union address tonight, what can we expect to hear and how will republicans counter his message? >> ashley: mike mike huckabee is here to tell us how has daughter sarah huckabee sanders will have a response. h huck

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>> todd: a fox news alert, the fbi getting set to analyze remains of the shot-down chinese spy craft that may have contained explosives to destroy itself. you're watching "fox and friends first," i'm todd piro. >> ashley: i'm ashley strohmier. look at biden's decision-making, which saw the chinese spy balloon cross the entire united states before being shot down off the coast of north carolina. brooke singman has details. >> brooke: possible debris from t the -- analyze the remains of the flight at an fbi processing lab. senators prepare for a briefing