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>> a boston jury finds mob boss whitey bulger guilty. >> the 83-year-old was convicted of murder racket earring and conspiracy charges. >> accused of taking part in 19 killing. the jury found him guilty in 11 of those. >> we always knew who killed him and still couldn't get a guilty. >> i don't understand. >> a natural gas pipeline exploded last night. residents living within a mile of the explosion had to be evacuated. >> hillary clinton gave the first public speech on public policy. >> anthony weiner suggested his wife would work in hillary clinton's 2016 campaign. >> do you know what her role in hillary clinton's 2016 campaign will be? >> i do. >> what? >> i'm in the telling you. >> fell to his death during the home game. >> hannah anderson is back with her family this morning. authorities say james lee dimaggio got off two or three shots before he was killed. >> she has been through a horrendous, terrific ordeal. i'm very proud of her and i love her very much. >> a federal judge ruled that the new york city police department's controversial stop and terrific policy is unconstitutional. >> in idaho a massive wildfire continues. the elk fire has grown to more than 90,000 acres. >> you next time? >> that's right. that's my new role in america. >> in all that matters. >> a panda family reunion in china. this adorable giant panda cub was reintroduced to her mother last week. she was born july 6th but taken away when her leg was hurt. >> on "cbs this morning." >> the executives at blackberry are considering selling off the company. it's being called a very lucrative move by six years ago magazine. captioning funded by cbs welcome to "cbs this morning" and good morning, norah. >> good morning to you charlie. >> lots of interesting stories this morning. we begin with this new concerns that al qaeda is on the move. the iraq al qaeda group has changed its name to the islamic state of iraq to show their growing ambition. >> and there are growing fears syria is to become the new haven for terrorists. they warn it could create the world's great eterror threat. lara logan, good morning. >> good morning, norah, good morning, charlie. >> how dangerous is al qaeda in syria and what are you worried about? >> dangerous enough for the deputy director of the cia to say there are more foreign fighters flooding into syria to fight with al qaeda today than there ever were at the height of the war in iraq which kind of says it all. why? when you think of this according to al qaeda experts and academics i speak to regularly is that the army in syria, al qaeda's guerilla army. they will move that army to whatever front is next anywhere in the world. many probably came from afghanistan or iraq where they learned to fight the u.s. they come from north africa, yemen, they come from all over. that organization particularly has very close contact with ahman al zawahiri over in the pakistan region. it's very much a movement based on ideology that has very little to do with the kind of organization we're used to. it's right there in the center of a country that has massive chemical weapons. >> speak to that point in terms of what is the threat if al qaeda and al qaeda affiliates get control of a state? >> well the people who know the most about chemical weapons in the united states, charlie, say that what is scary about syria is not just the presence of chemical stockpiles it's the knowledge, the technical knowledge and training and know how and delivery systems that are required to deliver those weapons. a dirty bomb is terrifying as a concept but it really is not even as effective as many conventional weapons. what they are afraid of in syria is that the people who know how to use them and the delivery systems that are required to deliver chemical weapons to the most devastating effect is all sitting there. nobody knows who is going to win the peace in syria, it may very will be al qaeda. >> they are insurgents fighting somewhat with themselves. >> that's interesting, charlie. it's become a word everybody loves to use to describe these organizations. when you track what al qaeda says and the movement of their people, this is not an organization divided up into different regions and does their own thing. they are united by their ideology. they make that very plain. they have the same intent. their intent today is exactly the same as it was pre9/11. it's exactly what osama bin laden said it was, and it's never changed. if you read their magazines, listen to their videos all their statements they point out. they sent their best bombmaker in the world to run part of their organization in algeria. it's the training ground to send fighters to different front all around the world. we have this sense we want to divide anything up and say today yemen is the most dangerous tomorrow algeria, then north africa. the fact is al qaeda's ideology is what's at the core. that's why they are called the base. the base is the uniting factor. that's where it comes electric. taking more terror and spreading ideology and that's that what's them more dangerous. >> good to see you. a massive pipe explosion. it happened near erie. flames shot 300 feet in the air, could be seen for 80 miles. people forced out but most allowed back in this morning. crews shut off a natural gas line but flames expected to burn for several hours. no injuries reported. former isn't of state hillary clinton is doing little to end speculation she wants to be the next president. in san francisco she announced she'll be making policy speeches in the fall. john blackstone shows us how political watchers are reading between the lines. >> i am so deeply grateful to you for this award. >> accepting an award from the american bar association, hillary clinton criticized the supreme court decision striking down protections in the voting rights act. >> as secretary of state, i saw other countries take steps to increase voter participation and strengthen democratic processes. there's no reason we cannot do the same here in america. >> while the potential presidential candidate did not mention the 2016 election, she outlined plans that sounded a lot like a launch pad for a campaign. >> i will talk about the balance and transparency necessary in our national security policies as we move beyond a decade of wars to face new threats. >> bruce cain stanford university political scientist. >> it's definitely a shadow campaign. there's no question about that. everybody in the party assumes hillary clinton will run. everybody in the democratic party assumes she'll be the front-runner. >> republicans seems to assume that, too. a new ad reeled by the gop criticizes clinton's handling of the terrorist attack in benghazi. >> was it because guys out for a walk one night decided they would kill americans. what difference at this point does it make. >> in iowa the first caucus state, emily's list a woman that promotes women candidates has launched a campaign. clinton wasn't at the town hall meeting but undoubtedly on everyone's mind. for "cbs this morning," john blackstone san francisco. >> while clinton isn't showing her hand we might get clues from anthony weiner. the embattled mayor candidate gave an interview. good morning. >> the interview took place at a manhattan bar. he skips the traditional beer for iced coffee. once he got settled he talked scandal, politics and family. in an interview late monday with viral website buzz feed anthony weiner admitted he's still getting help in the wake of his sexting scandal. >> you never go out of therapy. they have this thing where you remain in forever. i still see a therapist from time to time. >> throughout the 45-minute sitdown, he opened up about everything from his campaign to his wife huma abedin longtime aide to hillary clinton. >> do you know what her role in hillary's 2016 campaign will be? >> i do. >> what will it be? >> i'm not telling you. >> do you feel like you've damaged her place in that world? >> i feel what i've done has hurt her, yeah. it's hurt her professionally hurt her personally. >> the interview came hours after a new poll revealed a record 80% of new york voters have an unfavorable opinion of the new york hopeful. >> i put out two books of new ideas. >> reporter: while weiner didn't mention the polls or scandal in a new tv ad he did call out his critics. >> look, powerful voices have made it clear from the very beginning they didn't want me to win. this isn't about what they want. they have gotten their way for far too long. >> throughout last night's interview weiner blasted what they called the media's brutal coverage of his campaign at one point taking aim at a major newspaper. >> "the new york times," wait for it doesn't want me to win. this is the same people that brought you a third term from mike bloomberg. i don't care. it makes them nuts i don't care. >> he didn't spare host and buzz feed editor in chief ben smith. >> you can do this or show videos of cats or whatever it is you do at buzz feed. >> weiner also said he hasn't spoken to the clintons in months. he said in general he's keeping his distance from his colleagues in public life because he knows he has a lot to prove to them. charlie, norah. >> thanks elaine. new york's current mayor michael bloomberg is furious over the federal judge's ruling. the judge says the stop and frisk policies illegally targets minorities. she's naming an independent monitor to overseas changes. bloomberg says the policy has saved thousands of lives, most of whom are young minority men. >> this is a very dangerous decision made by a judge that i think just does not understand how policing works. we believe we have done exactly what the courts allow and the constitution allows us to do and we will continue to do everything we can to keep this city safe. >> bloomberg is vowing to appeal the ruling. >> a florida security guard is hailed as a hero. he evacuated people from a resort near was the disney world and collapsed into a sinkhole. it took about 15 minutes to remove guests staying at summer bay resort sunday night. manuel, good morning. >> reporter: good morning, charlie and norah and viewers in the west. resort management indicated the sinkhole is as big as it will get, 100 feet wide. engineers are still boring into the ground to determine whether it will expand. guests who were staying in this three-story building knew something is wrong when it started to creak and windows shattered. >> where? >> it's not a patient. we have a building that's potentially collapsing. i don't know if it's a sinkhole or what. >> a security guard helped evacuate more than 100 people before this happened. eventually a third of the building fell into the hole. maggie gamry, her 3-year-old son and their friends had just checked into the resort sunday evening. >> i started hearing banging even before i walked in, i heard this clank, like metal on metal, like someone hitting something hard. i was looking where it was coming from. right away my alerts were raised. windows were exploding, people throwing their luggage out the window. >> everyone made it out safely. sinkholes are a common site in florida. here is why. underneath much of the state is a layer of porous limestone washed away by seeping water. all that remains is a thin bridge of clay soil and sand which can collapse. >> like an hourglass, sands through the hourglass, it slowly creeps in. >> geologists say a sinkhole this size is not uncommon but difficult to predict. >> the cavities themselves form over thousands of years. it's at a point like this one, very suddenly that material can collapse into that cavity. >> but you have no idea it might happen. >> that's true. >> reporter: next month the florida geological survey will begin a new mapping project hoping to identify areas where sinkholes are likely to form. charlie and norah. >> manuel thank you. a man fell to his death last night at turner field in atlanta. ronald hobert, jr.,'s mother said he called her from the braves phillies game. he said he was going back in from the rain delay. they think the fall from the upper decrease was an accident. >> hannah anderson was abducted near san diego last week. authorities say james dimaggio took her to idaho. they say he fired at least one shot before fbi agents returned fire killing him saturday. anderson didn't learn that her mother and brother had been killed until after her rescue. her father is now asking for privacy. >> as for my daughter the healing process will be slow. she has been through a tremendous horrific ordeal. i am very proud of her and i love her very much. >> authorities confirm hannah was a victim through the ordeal held against her will. >> one of the most infamous mobsters in american history finally faces justice. a jury has convicted james "whitey" bulger on all but one of the 32 counts. then we're hearing from one of the jewelers don dahler outside the courthouse. good morning. >> reporter: good morning, charlie. this was a culmination of whitey bulger's legendary life of crime to span two decades. the man who ruled with an iron fist showed little emotion when the verdict came down. >> james "whitey" bulger now stands convicted for his role as the ringleader as theof the gang. >> convicted on 31 counts extortion, arms trafficking, murder. >> the evidence presented over the last months left no do the to anyone of the atrocities committed by mr. bulger and his associates. >> whitey bulger run the irish mafia, a living legend in the world of crime. he was the inspiration behind jack nicholson's character. >> swear on your mother's grave. >> testimony from more than 60 witnesses in bulger's trial was much like a screen play. witnesses whose tooets were pulled to keep them from being identified strangulations torture. among victims michael donahue, an innocent bystander gunned down for being in the wrong place at the wrong time. donahue's wife and son say the guilty verdict has been a long time coming. >> after 30 years, an overwhelming feeling. >> never giving up. no matter how much it took out of me i wasn't going to stop until the very end, until he was found guilty. >> the juror told boston affiliate wbz that even some of his fellow jurors were afraid of the aging mobster. >> people talking about the mob still existing, afraid they would be singled out. some lived in south boston. >> bulger's conviction came after 16 years on the run with help from corrupt law enforcement agencies. they tracked him down in california where he was living the life of a retiree. >> mr. bulger knew as soon as he was arrested that he was going to die behind the walls of a prison. >> reporter: bulger will be sentenced on november 13th. charlie and norah, his lawyers say they will appeal. >> don thanks. time to show you some of this morning's headlines. "the washington post" looks into a study of near death experiences. it finds bright lights and sensations by some people created in the brain. the university of michigan finds even when the heart stops, brain activity can surge. >> the "san francisco chronicle" says asiana airline offering $10,000 to people on the plane that crash landed. three died on impact and in the minutes after the accident last month. the money is meant to cover medical cost and transportation. it's not a settlement and they can sue. >> "wall street journal" looks at cancer treatments narrowly promised drug promised to be more effective than chemotherapy. the news is called some of the most extraordinary progress ever in the fight against cancer. colorado's gazette introduces us to the woman who shattered the glass ceiling at the air force academy. lieutenant general is the first woman to ever leave the academy. she graduated in 1981. she served as nato's top planner for operations in afghanistan and kosovo. "usa today" says the more siblings you have the less likely you are to get a divorce. each additional sibling reduces the chance of divorce by 2%. >> well i have three siblings so that reduces it by six. >> you're okay. >> i'm okay. today we'll hear from the 16 workers in new jersey who are living the powerball dream. they won a third of last week's $448 million jackpot. their share is $86 million before taxes. that's almost $4 million each. they call themselves ocean's 16 because they all work for ocean county vehicle services department. excited to hear from them and congratulations. >> very happy people toda good morning. more sunshine coming our way today. just some patchy fog outside right now out over the bay bridge, even broken skies looking toward more sunshine in the afternoon and some warmer weather too. high pressure now building in out of the desert southwest. that is going to crank these temperatures up especially inland today. likely to see some 90s there. plenty of 70s and 80s around the bay area and 60s at the coastline. next couple of days, we'll keep these temperatures right around seasonal then cooling down into the weekend. >> announcer: this national weather report >> announcer: this national weather report sponsored by walmart. come to walmart and get more school for your money guaranteed. the interview already making headlines. my conversation with oracle ceo larry ellison. he is going after the titans including the founders of google. >> suddenly you think they're evil? >> oh, i think what they did was -- >> larry page? >> 100% larry page. >> only on "cbs this morning," an interview from silicon >> announcer: this portion of "cbs this morning" sponsored by choice hotels. the official hotel of summer. book direct at choicehotels.com. k9 advantix ii not only kills fleas and ticks, it also repels most ticks before they can attach. the leading brand kills, but doesn't repel. a tick that isn't repelled or killed may attach and make a meal of us. get veterinarian recommended k9 advantix ii! 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[ male announcer ] if you can't afford your medication astrazeneca may be able to help. (announcer) born with a natural energy cycle... cats. they were born to play. to eat. then rest. to fuel the metabolic cycle they were born to have, purina one created new healthy metabolism wet and dry. with purina one and the right activity, we're turning feeding into a true nature experience. join us at purinaone.com morning in hayward. union leaders say the city refuses to bargain with them on good morning. 7:26. i'm frank mallicoat. city workers are on strike this morning. this is in hayward. union leaders say the city refuses to bargain with them on a new contract. the workers plan to stay off the job through thursday. however, the union says members will continue to employee sensing services like 911 dispatching and animal control for the city. 8 people displacedded after a two-alarm department. it began at 1 a.m. at marleau drive. no reports of injuries. and the cause is still under investigation. traffic and weather for your tuesday coming up after the break. liza battalones here. delays on 880 in fremont earlier accident jammed up traffic. it is still slow southbound 880 jammed up out of hayward. nearby at the san mateo bridge westbound traffic very heavy approaching the san mateo bridge toll plaza and the bay bridge commute backed up from the foot of the maze. >> all right. we have some clouds outside right now especially gray out at the beaches but by the afternoon a lot of sunshine coming our way and most spots away from the coastline. temperatures going to be heating up. right now some 50s and some 60s already. but by the afternoon 90s in the valleys, 60s at the coastline, 70s and 80s around the bay. next couple of days hot inland but cool at the coastline. more fog and low clouds on the way as we head into friday and saturday. ♪ well if this doesn't warm your heart this morning, i don't know what will. look at this reunion between a panda mom and her infant daughter. >> and as you pointed out to me. >> oh, yeah the baby had been recovering in an incubator after a leg injury. and they returned her to her mom. look at this embrace. today, they let the mom hold the baby and feed her. soon, they'll be reunited. >> whatever that said it's wonderful. welcome back to "cbs this morning." coming up in this half hour we all know the dangers of texting and driving, but many still do it. a new documentary by an acclaimed filmmaker is said to be so powerful it will stop anyone who sees from doing it again. larry ellison is america third richest man. his company oracle makes a widely used database it's used by even nsa. but oracle is an legal battle with google accusing the search giant of using its language without its permission. i sat down with >> you know larry and sergey you have trouble with? >> larry specifically. >> larry -- i think -- >> larry per se. >> larry per se >> why? >> because he makes the decisions over there. he runs that company. no one else runs that company. and they decided -- let me be very clear. when you write a program, you write it. you use the oracle oracle/java tools for everything. up press a button and say convert this to android format. we don't compete with google. we just took our stock. that's a completely separate issue. >> but think they're evil. >> i think what they did was absolutely --. >> and you blame larry page. >> so larry page is evil -- that makes larry page evil? >> no i know his slogan is don't be evil. i think he slipped up this one time. >> he's a good time except for this one time when he -- >> this really bothers me. i don't see how he thinks you can just copy someone else's stuff. >> let's talk about steve jobs. >> yeah, my best friend for 25 years. >> what is it about him? he recognized the fact that he loved apple and he wanted to make apple great, handy did. what was it about him that he was able to do it other than he worked hard? >> he was brilliant. he was our picasso. he was an incredible inventser.orinventor. >> what happens to am? >> we already know. >> what? >> conducted the experiment and it's been done. we saw apple with steve jobs. we saw apple without steve jobs. we saw apple with steve jobs. now, we're going to see apple without steve jobs. >> so you're shorting -- >> i'm not shorting him. >> you said 'apple is going down without steve jobs? >> i'll say it publicly he's irreplaceable. they will not nearly be so successful because he's gone. >> did you watch him dying? >> close, close -- >> was i there -- >> no, no did you watch him go through his -- >> i saw -- i would describe it i'd go over there all the time and the walks -- we would always go for walks. we would always go for walks. and the walks just kept getting shorter. until near the end, we'd kind of walk around the block. or maybe four blocks. something like that. and you just watched him getting weaker. i mean this is the strongest guy i knew. this was absolutely the strongest, most willful person i have ever met. and after seven years, the cancer even wore him out. and that was what it was. he was just tired of fighting. tired of the pain. and he decided, shocked loraine, shocked everybody, that the medication was going to stop. he just pulled off the meds i think on a saturday or sunday and by the following wednesday, he was gone. >> if you love someone, it's hard to see them do that although it's their choice. >> yeah i -- it had reached the point where he was -- he was definitely suffering. there's just so much pain. >> there is no other steve jobs? >> no. my eulogy began, i guess we're all told no one irreplaceable. >> where do you come down on what nsa is doing? >> well the great thing is we live in a democracy. if we don't like what nsa is doing, we can always just get rid of the government and put in a different government. i think -- actually we've been collecting this information for so long, and long before nsa was collecting it. let me tell you who was collecting it. american express. bank of america -- visa all of your credit card data. and all of your financial records. this whole issue of privacy is utterly fascinating to me. who's ever heard of this information being misused bit government, in what way? >> i can hear you clearly, you're saying whatever nsa is doing is okay with me? >> it's great, it's essential. president obama thinks it's essential. it's essential if we want -- if we want to minimize the kind of strikes that we just had in boston. it's absolutely essential. >> but what point would it be alarming to you, in terms of government surveillance? at what point would your red line be crossed? >> if the government used it to do political targeting, if the democrats used it to go after republicans. if republicans used it to go after democrats. in other words if it became -- we stopped looking for terrorists, and we started looking for people with on the other side of the aisle. >> it's so interesting, charlie, to hear from larry ellison because he does so few interviews. it's rare to hear from him, especially on this nsa issue. so does he think we deserve privacy? >> he doesn't -- well i think he probably does think there's some point. but i do not get him to tell me where the red line was. >> yeah. >> you know that debate in fact hillary clinton said in her speech one of the things she's going to make a speech about is the balance between security, and freedom and privacy. >> and he was seeing to try to make the case look long before american express visa is collecting data. >> he is he you want to know who knows who you are, go to those countries when you apply for a credit card. they have more information than you would imagine. >> that's great. >> interesting. he's the third richest man. and the fact that steve jobs wanted him to speak at his service, says volumes about the relationship between the two of them. >> yeah. all right. >> we'll have much more on my interview with larry ellison tomorrow, he's talked about his quest for the america's cup which has has won. that's thunderstorm on "cbs this morning." its ig's anything but a true documentary. it shows the true cost of texting and driving. this is one you don't want to miss on "cbs this morning" ♪ privacy privacy ♪ [ man ] launch sequence initiated. 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[ male announcer ] nutella. breakfast never tasted this good. ♪ a new documentary takes on the growing problem of texting and driving. it uses raw emotion and brutal honesty. jan drawfordcrawford is in arlington, virginia. good morning. >> reporter: good morning, charlie, good morning, norah, texting while driving a safety concern. the national safety council estimates, listen to this 1.6 million accidents every year with drivers using their cell phones and texting. most states have outlawed it. in fact, here in virginia it became illegal just last month. and now, we've got this acclaimed filmmaker weighing in with a gritty and compelling new documentary. >> i had my brother in my hand and all of a sudden, my hand was empty. >> reporter: lives forever changed because of four car accidents. >> paralyzed from the diaphragm down. >> reporter: from milwaukee, wisconsin, to burlington vermont. >> the white mailbox is where my sister was struck was carried on the hood of the car. >> reporter: stories told in this 35-minute documentary to influence anyone who gets behind the wheel. ♪ testimony from victims and drivers who admit to texting while driving. in bluffton indiana -- >> this was the last text message i sent before i caused an accident that killed three people. >> reporter: and logan, utah. >> i decided that texting and driving was more important to me than those two men were to their families. >> reporter: it was commissioned and paid for by the company who provides cell phone service, including at&t and verizon. this man, legendary german filmmake filmmaker werner herzog is behind the documentary. >> it's became more dangerous than drinking and driving. >> reporter: herzog is responsible for more than 60 films. from a grizzly bear enthusiast mauled to death to the creature he loves, to a texas prisonering waiting tour executed. >> vanilla cake ice cream emotion, shock value it's not in the film. but it touches -- it touches our hearts very deeply. >> reporter: herzog insisted on interviewing all of the people profiled in the documentary. the mother whose son is now paralyzed. >> any money understands. >> reporter: and the driver who hit an amish buggy, killing three people including a 3 and 5-year-old. >> please don't ever text and drive. it's life. you get one chance. and you live with the choices you make. >> reporter: herzog says his message is clear. >> don't text while driving. it's simply said. pull over, do your message and then drive on. >> reporter: now, the documentary is called "from one second to the next." it's available online. and charlie, and norah, listen to this this is important. it's also going to be distributed to 40,000 schools across the country. >> all right, jan, thank you. >> they've attempted to do smartphone things that get you to realize you can't do it. >> i think it's not just texting, too. you can be driving and the phone rings, you go to reach for it when you should pick it up or either get the bluetooth thing or completely ignore because it's incredibly dangerous, you're not only putting yourself at risk but the people in your car and some other people. it's a powerful documentary. >> it's a moment good morning. more sunshine coming our way today. just some patchy fog outside right now out over the bay bridge, even broken skies looking toward more sunshine in the afternoon and some warmer weather too. high pressure now building in out of the desert southwest. that is going to crank these temperatures up especially inland today. likely to see some 90s there. plenty of 70s and 80s around the bay area and 60s at the coastline. next couple of days, we'll keep these temperatures right around seasonal then cooling down into the weekend. san diego mayor bob filner's opponents have launched a recall campaign. looking for 100,000 signatures on a petition to call a new election. and now, filner is responding. the story ahead on "cbs this morning." >> announcer: this portion of "cbs this morning" sponsored by lifestyle lift. find out how you can light up your light. ♪ ♪ the acidic levels in some foods... orange juice...tomato sauce... can cause acid erosion. the enamel starts to wear down. and you can't grow your enamel back. my dentist recommended that i use pronamel. because it helps to strengthen the enamel that you have. and i believe it's doing a good job. 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[ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories. ♪ ♪ most of the movies have been at least tolerable. >> right. >> and up from there. otherwise, you should find something else to talk about. >> exactly. >> exactly. i asked you about it before i started, remember? >> yeah, yeah. >> i was looking. that was the thing most concerning me. i said you got to help me. >> exactly. >> remember your father to me. i haven't had to use that yet. [ laughter ] remember your father to me. that was going to be my tell. >> you can tell that. >> what did he say? >> he came up to me and said i'm going to do this thing, what do you think? how should i go about it? i said if all else fails, ask him that, please remember your father. i'm so embarrassed that he brought it up. there you go. very bright from cambridge, very smart. he's doing a spectacular job. and at the same time is worshipful of jon stewart. i love it. what paula deen was sued for racial discrimination it started a chain reaction. we'll see why a judge has thrown out the charge and what it means coming up. 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[ female announcer ] acne is a medical condition that can happen at any age. fortunately, a dermatologist can prescribe aczone (dapsone) gel... fda approved for the topical treatment of acne, and proven in clinical studies with people 12 years and older. talk to your doctor about any medical conditions you have, including g6pd deficiency, and any medications you are using. use of benzoyl peroxide with aczone gel may cause your skin to temporarily turn yellow or orange at the site of application. the most common side effects with aczone gel are dryness, redness, oiliness and peeling of treated skin. looked great. [ female announcer ] ask about a free sample size of aczone gel. aczone gel. see a dermatologist and see for yourself. at panera, we believe in starting the day right with freshly baked whole grain bread. then we add all-natural eggs... lean antibiotic-free ham... and vermont white cheddar. get 16 grams of protein and 23 grams of whole grain in the breakfast power sandwich. >> your realtime captioner: linda marie macdonald good morning. 7:56. i'm frank mallicoat. get you updated on some bay area headlines now. another shift in the opening date of the new eastern span of the bay bridge. this time, it could be back to labor day now. the feds have given caltrans the green light finding no reason to delay the opening of the bridge to traffic. a committee will be reviewing that option later today. and this is a scene outside hayward city hall this morning. city workers started a three- day strike taste because contract talks have stalled. the city negotiators ended talks with the union last month. the strike could affect city services including water services, street maintenance and emergency dispatchers, as well. traffic and weather for your tuesday right after the break. good morning. liza battalones here. an accident delaying traffic in the concord area westbound highway 4 near 242. highway 4 had already been slow any way still jammed up leaving antioch heading towards pittsburg. the earlier caltrain delays have cleared out. all local transit now moving well with no problems reported for bart. bay bridge commuting those delays are starting to thin out a little bit only slow from the end of the east parking lot. lawrence? >> liza, we have some patchy fog around the bay area to start out the day more sunshine though coming our way looking good from our mount vaca early on just a little haze in the atmosphere there. as we head toward the afternoon these 50s and 60s going to warm up, some 90s in the valleys this afternoon. 70s and 80s around the bay. 60s coastside. warm the next couple of days. it is 8:00 a.m. in the west. welcome bam to "cbs this morning." i recall campaign is underway to force bob filner out of office. he says he will not resign times square is getting one of its biggest, brightest signs ever. some critics call it corporate grafyty. republican senator, rand paul, comes to studio 57 to talk about working with the white house. first, a look at today's eye-opener at 8:00. the delivery systems that are required to deliver chemical weapons to the most devastating effect is all sitting there. nobody knows yet who is going to win the peace in syria. it might very well be all chi d.a. hillary clinton is doing little to end speculation she wants to be the next president. in san francisco, she announced she will be making policy speeches in the fall. at a manhattan bar anthony weiner talks scandal, politics and policy. our police officers fight crime wherever it is occurred. they don't worry if their work doesn't match up to a census chart. a mandel to his death in atlanta. resort management says engineers have indicated the sinkhole is as big as it will get, about 100 feet wide. bull injuryger will be sentenced on november 13g9 and his lawyers will appeal. >> you think they are evil? >> i think what they did was. >> you blame larry page? >> 100% larry page the obamas are vacationle in martha's vineyards. the president was playing golf photographed in this position either golfing or taking a zumba class, i'm not sure which. i'm charlie rose with norah o'donnell. gayle king is off. san diego's embattled mayor is officially fighting to stay in office. bob filner is telling the organizers of a recall campaign he will not quit. he is being sued by a former aide who says he sexually harassed her. he met a deadline to respond. he is staying away from his office but his commitritics are not. >> reporter: this was not the kind of welcome back party mayor bob fell ner wasilner was hoping for. they made it clear, they hope the mayor go away and stay away. >> we will do whatever it takes within our legal measures to remove bob filner from office. >> at least 13 women have come forward accusing the democrat of serial sexual harassment. all nine members of the city council and both california senators have told filner to resign. he was supposed to spend two weeks in intensive behavioral therapy but did just one. the mayor did not return our calls. now, a recall effort has been launched. its website states that filner staying in office, quote, puts the city at risk from lawsuits compromises the ability to get city business done and makes san diego the brunt of jokes on late night tv. >> the details are a little disturbing. if you have children in the room, they are about to grow up real quick. >> reporter: michael palomeri is one of the organizers. >> the mayor has refused to resign. do you believe there is any way for him to be effective as the mayor of san diego? >> that's one of the reasons i am recalling him. the answer is, no. if you think about the concept that they won't allow women to come into his office alone, how can you be effective as a mayor of the eighth largest city? >> reporter: late monday mayor filner issued a statement to be included in the recall petition. he outlined his accomplishments saying, now is not the time to go backwards. as your mayor, i am committed to moving san diego forward. it will take more than 100,000 valid signatures to get a recall on the ballot. for "cbs this morning," ben tracy, san diego. we're hearing from one of the jurors that found whitey bulger guilty of 11 murders. the 83-year-old former mob boss will be sentenced in november. >> the juror spoke to our boston station, wbz and said the discussions often got heated during the five days of deliberation. >> he was going to jail to the end of the universe basically in my opinion. that's what i said. people shouded at me like i was nuts. people said, you are emotional. i saw the trial. i felt he was guilty. you can't say he was guilty. for two days. what do you mean i can't? i don't think you know what you are talking about. i have the right to say he is guilty. look at this stuff that he did. >> cbs news analyst, ricky cleveland, has been following the story since day one. >> good morning. >> good morning. >> what does this verdict mean for all the people involved? >> the real meaning is healing for the city of boston. we look at victims and the families of victims. one of the things we have to remember is that this was a city that was injured. it was a collective not only injured by whitey bulger the gangster that ran this reign of terror but really injured by its government. i think what we take away is good. someone who was out on the lamb for 16 years brought to justice, brought now to say he will never see the light of day. we also got to expose government corruption at a level that is staggering. >> there is no doubt he was a character and no doubt he was a vicious murderer. as you point out, this was also a lot about the fbi and their actions as well which raised a lot of questions about what they were doing for decades with their association with whitey bulger. >> the fbi had its worst era of corruption during the decades that involved bulger and his predecessor, fleming. what we saw was an fbi that was involved with crime but facilitated, encouraged these people and pointed out people to hit or kill. that should never happen again. one of the things that's interesting about the families and their appreciation of these appointed defense lawyers is that the defense lawyers through cross-examination, they are the ones that brought out the corruption. i very rarely share a direct quote with you about you i think it is worth sharing today. the defense says from hank brennan, jay and are encouraged that this government's corruption and coverup has been exposed but this is just tip of the iceberg. the victims families and citizens deserve a congressional inquiry and insistence on government accountability. >> what did the fbi say, well a couple of bad apples but it is a very rare exception? >> yes, that's what they said. what the argument has been by many many people who have followed this trial and its saga is that this was endemic, this was not a couple of bad apples. >> what did the dmefsefense in reality expect to get out of this trial. they agreed there was extortion, drug dealing, money laundering. the only things contested really were the murders and particularly of the two women. one, there was a finding of proven. one, no finding at all. but, ultimately, the department of justice through this u.s. attorney's office is the victor. this is some saga. i've lived through it in that town since the '70s. it is good that it has come to a close. >> rikki klieman, good thank very much. celebrity chef paula dean has won a partial victory in the lawsuit that began her down fall. most of her sponsors dropped her after she revealed in a court deposition she had used racial slurs. a federal judge yesterday threw out a racial discrimination charge made by a former manager at one of dean's restaurants. the judge ruled lisa jackson cannot make that claim, because she is white. jackson also claims she was sexually harassed and that case will continue the new york city liner is full of eye-catching skyscrapers. one building could upstage them all if a clothing maker gets its way. that's in times square. good morning. >> reporter: good morning to you. the adds are only out numbered by the tourists. one company has big plans to rise above all that noise. >> reporter: 48 stories high and 70 feet tall the signs coming to this new york city skyscraper will be unmissable and, that's the point. >> you will certainly be able to see it anywhere you can see the top of the building. >> reporter: jordan barowitz works for durst, the company that owns this building. when they approached them with their advertising plan they said welcome to the neighborhood. >> it took h&m to have the vision to see the kind of reach and power these signs will have. >> reporter: a 1400-square foot sign will adorn each of the four sides of the building. the largest advertisements in the largest city in the country. for some new yorkers, that's a big issue. >> no one should be allowed to mess with new york's skyline. >> reporter: marissa readdanty lives nearby. >> the buildings are like a forest and now we have something interrupting the whole flow. >> reporter: if not new york city, where does a sign like this go? >> in the garbage. >> reporter: they would not speak to us on camera but said times square is the world's most visited tourist attracts. h&m is thrilled to be a part of the attracts. new york is no stranger to high-profile renovations. last year the empire state building unveiled it's new lighting system. they promised no commercials and no logos. times square is different. the area has been a long commercial eyesore for veteran new yorkers. the bright ads have mainly stayed street level. >> that's above everything. in other words, new jersey can see it. >> reporter: in typical new york fashion, the billing is offering no apologies. >> reporter: you are proud of this? >> absolutely we're proud of it. if you don't like times and times square don't come to times square. that's what this neighborhood is all about. >> reporter: 39 million people visit times square every year. they and just about everyone else in the area will see these ads complete by the end of this year. charlie, norah? >> the doctors' visits are supposed to be private. visits are supposed to be private. one physician will show us why some of her patients are getting checkups in groups. all that mattered in 1982 the movie that created a generation of stars, you remember the name. the answer is next on "cbs this morning." the answer is next on "cbs this morning." ame? the answer is next on "cbs this morning." 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[ bottle ] ensure®. nutrition in charge™. discover card. how can i help you? oh, you're real? you know i'm real! at discover, we're always here to talk. good, 'cause i don't have time for machines. some companies just don't appreciate the power of conversation! you know, i like you! i like you too! at discover, we treat you like you'd treat you. get the it card and talk to a real person. my asthma's under control. i don't miss out... you sat out most of our game yesterday! asthma doesn't affect my job... you were out sick last week. my asthma doesn't bother my family... you coughed all through our date night! i hardly use my rescue inhaler at all. what did you say? how about - every day? coping with asthma isn't controlling it. test your level of control at asthma.com, then talk to your doctor. there may be more you could do for your asthma. ♪ mr. mr. mr. spicoli. >> that's the name they gave me. >> all that mattered 31 years ago today, "fast times at ridgemonth high" debuted. collectively, the ensemble cast had been nominated for 10 oscars, winning 4. they have also been nominated for 10 18 golden globes winning five. the movie grossed more than $27 million at the box office and continues to be a cult classic. "fast time's" mark whittaker who now stars in "the butler" joins us this morning. would you share your doctor's appointment with the stranger. the number of physicians offering group visits have doubled since 2005. dr. devi nampiaparampil has offered group visits. good morning. >> good morning. >> how does a group doctor visit work? >> patients can have a lot of frustration with the health care system. if they have a problem today, they might have to wait several weeks for an appointment. when they get that appointment, they may only have 10-15 minutes of actual face to face time. with a group visit, you may have more face to face time with the doctor, maybe an hour to two hours but you just have to share that time with other people. so you all get to ask your questions and get more information in the group setting. >> that's the benefit. what's the down side? what do people say about their privacy. >> privacy is one thing. we try to emphasize to people this is still a medical visit. they have to respect other people's privacy and not share any of the information outside of the group. the other down side is that you would only use this for chronic conditions, things where your condition is pretty stable and not necessarily that controversial. >> such as? >> so for example diabetes high blood pressure high cholesterol. you wouldn't use something like this for a drug or alcohol abuse problem, for example. we still emphasize privacy but it is a different nature in terms of the stakes of the privacy. >> is it your judgment that most of the patients who do this are saturdays fitd by satisfied by the experience and believe it was worthy? >> people that do it volunteer for it. it is not something forced upon it. the people that do it usually do like it. some of them like the group setting, specially for patients that are quiet or think of questions later. the group setting is nice. other people may ask questions and think of things they might not otherwise ask about and they might get support. >> people at homer saying i don't want to share my time with the doctor. i have my own concern, some privacy concerns. is this about cost effectiveness? does it save money? >> it wouldn't substitute for the actual individual visit. this would be sort of in addition, if they wanted more information. in terms of cost savings, the studies are mixed. it has only been studied in a few conditions soes far. it looks like generally speaking, it saves people on hospitalizations. for example, with diabetes people are less likely to be hospitalize. that can save up to $7500 per patient. dr. devi thank you. rand paul is here in studio 57. he will tell us why he is putting aside party differences and working with president obama in one key battle. that's ahead on "cbs this morning." >> announcer: health health"cbs healthwatch" sponsored by allergan. talk to your doctor about chronic migraine. sponsored by allergan. talk to your doctor about chronic migraine. 15 or more headache days a month each lasting 4 hours or more. it's proven to actually prevent headache days. and it's injected by a doctor once every 3 months. the effects of botox® (onabotulinumtoxina) may spread hours to weeks after injection causing serious symptoms. alert your doctor right away as difficulty swallowing speaking, breathing, eye problems, or muscle weakness can be a sign of a life-threatening condition. side effects may include allergic reactions neck and injection site pain fatigue, and headache. don't take botox® if you have a skin infection. tell your doctor about your medical history muscle or nerve conditions and medications, including botulinum toxins as these may increase the risk of serious side effects. the dose of botox® is not the same as other botulinum toxins. put the odds on your side. visit botoxchronicmigraine.com and talk to a headache specialist. coming up on >> your realtime captioner: linda marie macdonald good morning. i'm frank mallicoat. 8:25. time for some news headlines on this tuesday morning. city workers are on strike this morning in hayward. they are picketing in front of city hall. they say the city refuses to bargain with them on a new contract. they plan to strike through thursday. but the union says members will continue to employee sensing services such as 911 dispatching and animal control for the city. there was a slippery mess on a road in solano county this morning. tomatoes everywhere! they were all dumped on pedrick road near 80 in dixon. the truck wrecked just before 3:00. the road was reopened at 6:00. the interstate unaffected a law signed by governor brown gives california's transgender children a choice starting the first of the year. the state's 6 million public school students can choose restrooms and the locker rooms now based on gender identity. traffic and weather for a tuesday right after the break. ♪ ♪ [ male announcer ] wouldn't it be great if all devices had backup power? the chevrolet volt does. it's ingeniously designed to seamlessly switch from electricity to gas to extend your driving range. no wonder volt is america's best-selling plug-in. that's american ingenuity to find new roads. right now, get a 2013 chevrolet volt for around $269 per month. good morning, everybody. liza battalones here. we have slow traffic on both 880 and 237 in the milpitas area. southbound 880 slow from dixon landing road. earlier delays on local transit have cleared out. caltrains on time. no problems systemwide for bart. and over at the bay bridge, it's all good. wide open at the bay bridge toll plaza. we have some sunshine coming our way today. the temperatures going to be heating up outside as we take you out there now, looking toward mount diablo. calm winds and we have plenty of sunshine there. patchy fog at the coast. 50s and 60s right now but by the afternoon, summer makes a big return. temperatures popping up into the 90s in the valleys. you will see sunshine and a few 80s around the bay. and even some 60s back toward the coastline, but some patchy fog if you're headed in that direction. next couple of days, high pressure overhead that will crank up the temperatures inland but about 30 degrees cooler toward the coast. looks like everybody cools down as we head in toward the weekend. ♪ welcome back to "cbs this morning." coming up in this half hour the new pga championship winner jason dufner turns his luck around after a stinging loss two years ago. he tells us about that. plus we'll learn the story behind dufnering and how it's gone viral. and art taking over england. see how tens of thousands of british works are now popping up across the uk. businesses are giving up millions to make it happen. that story's ahead. right now, this morning's headlines from around the globe. britain's telegraph said bins have been banned. using serial numbers and signals coming from the smartphones. the secret surveillance is collected through trash chance on the streets fitted with recording devices. forbes says the world's top-winning author is e.l. james. the author of "fist shades of gray" $95 million in a year. james patterson earned $91 million. and suzanne collins earned $55 million. >> time to turn to writing. >> what can we write? the times said a jerry lewis move never seen by the public has surfaced. it is called "the day the clown cried." it's about the holocaust. lewis admits it's bad, bad, bad. george lucas welcome home baby daughter with mellody hobson. they becomed home a baby girl. her name is everybody rest. everierest. and rand fall has been in high-profile spats both with republican chris christie and the white house. his latest book is called "government bullies: how every day americans are being harassed abused and imprisoned by the feds." senator, good morning. >> good morning. thanks for having me. >> what do you think about the views of the attorney general about the mandatory sentencing and how has that changed things? >> people don't realize this young people are caught up and make mistakes with drugs. instead of a judge having the ability to give them a sentence that's appropriate, they're stuck with giving them 5, 10 even 20 years with no discretion. if it's your child or my child, with extenuating circumstances, the judge can't listen to any of that. the judge is trapped and has to give them 20 years in prison sometimes. there are people serving lime for nonviolent crimes. >> what about lawmakers who say this drug sentencing has gotten a lot of users off the streets and those type of crimes lead to bigger crimes in the future? >> well, what happens is a lot of people have criminal recorders and cannot get jobs and it's a downward spiral into poverty and more crimes. what i would say for nonviolent crimes we need to treat this as a health problem. >> i want to come to the fact of you agreeing with the white house on this. what's the common ground? >> well it's interesting. there's probably more than that meets the eye. sometimes, people play up differences more than similarities. on mandatory minimums this is something i've worked hard on with senator patrick leahy. and the e-mails should be protected. >> and why can't republicans in the senate work more often in terms of creating that kind of result? >> it's kind of interesting. some people think compromise is meeting halfways in the middle. whereas, i think you can passionately believe in something and do bipartisanship. for example, jill gillibrand working with her on the military, i believe as strongly as she does there's a lot of sexual assaults that go unreported. and that justice isn't being served through primarily women in the military. >> one of the big debates in this country, in part because of edward snowden, and his now get ago asylum in russia. and the nsa surveillance. >> when you get information on someone's records, you should get a warrant can means the fourth amendment says you have to be individualized to the person and place and what you want. so i think it's really wrong that we write one order from a secret court and we get everybody's phone numbers. i think that's a real mistake. >> can i just get to you respond i know this has been played out in your disagreement with chris christie who says those libertarians -- >> you're not going get me started on that are you? >> do you want to get started? >> i guess i will. >> there are two views. but you heard chris christie really denouncing the libertarian wing. >> and we want young people to come to the republican party. they don't have any money but they're not concerned with taxes and regulations but they all have a cell phone and on the internet so they're concerned about their privacy. i think the republican party ought to be a party that is concerned with it and privacy. i think for the most part it means that you believe sincerely in the strict interpretation of rights and privacy. >> and can i turn to those among those thinking about running for president? >> the thought has crossed my mind. >> make trips to iowa and other places. what will make you decide to run? >> you know it's an enormous invasion of your privacy to run for national office. it will be a big discussion with my family on whether or not, one, we want to withstand sort of the onslaught and the scrutiny that you get with this. really a lot of this is not fair. it's to your family and your kids. >> but they overcome that don't they? >> some, yes and no. it is a big decision. >> you're from kentucky. it looks like at the polls that the minority leader in the senate mitch mcconnell is in trouble. >> depends which polls you look at. i would sate good news for someone like senator mcconnell and myself is that we voted 61% for someone like mitt romney. and the president, 40% of democrats voted undecided in the last primary in 2012 when the president was on the ballot against none of the above. >> he said he has to hold his nose and known as someone who strongly supports you? >> i know the campaign manager well i've been on a campaign bus before. i'm guessing it's mcconnell who has to hold his nose sometimes. >> meaning? >> well, we'll just have to let that stand as is you know. but, you know i think that -- well, i've met and worked with the campaign manager. and i see nothing but sincerity really to have senator mcconnell re-elected. i think he'll do everything in his power to make that happen. >> go ahead. >> i was going to say thank you. >> the feud is over with governor christie? >> i've offered him a beer. offered a beer summit. i would even come to new jersey and buy the beer. so far i haven't gotten any response. >> can the republican party get past this? can they appeal to moderate? >> i think republican party is big enough for all of us really to tell you the truth, people who want to attack the libertarian conservatives in the party, they need to realize the republican party is big enough to win right now. we need more people than less people. jason dufner tells us about ♪ he can handle the rest of this. >> spectacular. jason dufner takes the pga. >> with a tap-in jason dufner won the pga championship sunday by two shots. it is his first major title. the 36-year-old secured his place in golf history by shooting a round of 68 at oak hill country club in rochester, new york. two days earlier, he set the course record with a 63. jason dufner welcome. >> good morning. >> what are you thinking about, coming down the back nine, knowing in the past in 2011 you came into a rough patch? >> yeah. i was using this experience that time to help me out. i was confident this time around and really be aggressive and give myself a chance to at least win that a-a amazing feat. >> and aggressive means what? >> i think sometimes, guys get in the lead sand get passive and play conservative. you get away from your game plan that maybe got you to that point. i really wanted to keep making birdies. and keep trying to widen that gap with the lead that i had. >> how much of this was about redemption? >> you know, there's been a lot of that going on in golf with the majors. you have great players who have failed earlier in their career with the majors. and i kind of kept that in the back of my head that maybe this year could be the year for the pga championship. >> adam scott and rory mcilroy came back. >> you heard jim nance calling you stoic, but spectacular. in the way that jim nance does that. there's a lot made of the way you don't show much emotion on the course. why is that? >> that's just my personality. i tried to stay true to that. there's a lot of emotions going on inside of me. i'm nervous just like all the other guys. but i just have a better way of hiding it, i think. >> what does it take to shoot a 63 in a major? >> you got to do a lot of great things. guys have rounds like that out on tour where everything seems to go right. everything clicks. my happened to be at this pga championship. >> you thought you could do it. a 62 the first player ever to shoot a 62 at a major? >> that would have been pretty special. like i said earlier, i don't think i've ever been the first to do anything in my life. it's nerve-racking, actually on friday compared to the rest of the week. >> the guy who beat you two years ago was your friend keegan bradley. and he helped make dufnering famous. which has really gone nuts on social media. how did that come about? >> you know i had a charity function that i was doing for a tournament that i won last year. we were in a school setting, sitting on the floor. and i just kind of checked out there for a couple minutes. photo op took advantage of me in that situation. you know how social media is now. people were trying to gab at me and make fun of it. it caught on and people latched on with it. >> what is it? >> you're just kind of sitting on the floor with your hands under your legs totally zoning out. it was pretty neat how it took off. >> do you simply try to make sure that you are cool and calm, and that you don't let emotions overcome you? >> that's the key to it. you don't have to do anything you just do it. >> i know you're quoted as saying, i don't like stress because stress stresses me out? >> yeah. >> it's sort of an obvious statement. and yet, a lot of people attributed what happened on sunday to you being very even keel? >> you know for me that would. some guys are high-energy guys. for me to be flatlined out there, keep my emotions at check, that make please successful on the golf course. >> you mean after you shot a 50-foot putt you don't want to go like this -- >> every once in a while, ryder cup, it gets hectic out there. >> what was the first thing you said to your wife? >> i just told her, i couldn't believe this just happened you know. >> we did notice while you gave your wife a hug, you also gave your wife a love tap? >> yeah that's taken off on the social media part again. i keep getting caught by photographers in awkward situations, looking. >> what's the key to your game. someone said you have a ben hogan-like swing? >> yeah, i think one of the things i try to do it be consistent with the swing. my bad days aren't too bad. my good days are really good. that's from being good in all areas of the game. i think being consistent for me is the real key on the pga tour to being successful. >> you got a pretty quick swing. pretty good swing. >> jason, for all the moms out there saying what's going on with his hair this morning? >> it's all natural. that's how it's always been. >> great to have you here. congratulations. >> thank you very much. >> good luck. >> thanks. in england, beauty is all around you in unlikely places. >> reporter: i'm charlie d'agata in central london coming up on "cbs this morning," we'll have the story of one man's mission to turn the art of advertising into the advertising of art. ♪ aw baby, i'm seeing triple again. do you see the 10% back in points plus another 10% plus free shipping? yeah. you're good. this is the member triple play deal. this is sears. the world's largest art show opens this week in the united kingdom, but you don't have to go to a museum to see it. charlie d'agata shows us why it will be hard to miss. >> reporter: we're in the heart of central london and this bus stop would normally be advertising things like burger kings and banks but not today. the art of advertising has taken a backseat to works of art to people like hockny turner and damien hurst, the brightest. the target says it everywhere. in the next two weeks, british art will be plastered across billboards, subway stations bus stops and the sides of buses. >> it's all about flitting off-street with art and turning the uk into the world's largest art galleries. >> reporter: the brand vision is the brainchild of entrepreneur richard reed who was walking through a neighborhood when something caught his eye. >> one day, somebody put up art. i stopped and fell in love with it. i didn't know what it was, what the piece of art was, but it just gave me a lift as i walked down this road on my commute to work. >> reporter: first, he had to convince advertising companies to give up a few prime ad spaces. >> we wanted to flood the streets with art? >> reporter: you're not talking 10 or 20 or 15 -- >> 22,000 across the country. on the way on the bus, on the tube driving in you'll see something that hopefully gives you a lift or a smile and you'll remember it. >> reporter: the 57 works of art were voted for by the british public selected from a short list drawn up with the help of london's tate gallon ris, the top choice was lady of schlot. we asked whether critics might see taking work out of the gallon galleries is cheapening it. >> yes, there may be mayfairs who see that. nothing compared to seeing the real thing. and we're talking today in one of the world's great art galleries. everything you see here you can see online. nothing beats the real thing. >> reporter: posting artworks in 22,000 locations meant launching the biggest single-shot rollout british advertising companies had ever seen. and are you selling art? >> yeah you could argue this as -- well this is actually an ad campaign for the beauty of arts. that's fine with me. it's just about getting people exposed to it. to see it. >> reporter: after britain, organizers are hoping to goe ing toing to global starting with united states. you have made those predictions yet? whether or not you could pull that out in the united states? >> it's start right here. >> reporter: this is day one? >> this is day one, baby. cbs. people, i need help. >> reporter: you there go coming to a billboard or a bus stop near you. now, it didn't come cheap. advertising companies say they lost something like $5 million in revenue. but printing up the posters and putting them up everywhere that all came from donations. art everywhere paid for by art lovers everywhere. for "cbs this morning," i'm charlie d'agata in london. >> what a great idea. art everywhere. >> art everywhere. i think it's a fantastic idea. >> it may cause some people to go to the museum to seat rest of the work in that campaign and see the real thing. >> of which there are great museums here in new york. >> art everywhere. that does it for us. your local news is next. we'll see you tomorrow on "cbs this morning." ♪ the federal highway administration is caltrans the g >> your realtime captioner: linda marie macdonald. good morning, everyone. 8:55. i'm frank mallicoat. we good your kpix 5 headlines on this tuesday morning. federal highway administration is now giving caltrans the green light to open the new eastern span of the bay bridge by labor day. the feds say caltrans can place three inch steel shims in the bridge's swiveling bearings to keep them from moving in an earthquake. today in a conference call a committee that includes the head of caltrans will decide whether to go ahead with a september opening. we may learn today if the body found in vacaville on friday is that of sandra coke, the alameda county coroner awaiting autopsy results. coke was last seen more than a week ago with randy alana a violent sex offender with a long criminal history. he is under arrest in an unrelated parole violation. how about the weather? looks like a good start anyway, lawrence, right? >> we are going to see a lot of summer sunshine around the bay area today. more than yesterday. and i think the next few days will be heating up the temperatures quite a bit. some 90s expected in the valleys as high pressure builds in out of the desert southwest. it will hang around for a few days so some patchy fog along the coastline will keep temperatures cool into the 60s. inside the bay plenty of sunshine, 70s and a few 80s into san jose and redwood city. but hot 90s beginning to show up in some of the interior valleys. next couple of days, going to be hot inland, cool at the coastline, with some patchy fog. then those temperatures begin to drop off as we head in toward friday and saturday. then warming up toward the beginning of next week. your "timesaver traffic" is coming up next. performance? 0 to 60? or 60 to 0? [ tires screech ] a car performs in a quarter-mile? [ engine revs ] or a quarter-century? is performance about the joy of driving? or the importance... of surviving. to us, performance is not about doing one thing well. it is about doing everything well. because in the end... everything matters. the best or nothing. that is what drives us. good morning, everybody. liza battalones here. great news for the bay bridge commute, backups are cleared out traffic at the limit approaching the bay bridge toll plaza. if you are heading for the 880/237 interchange, there is an accident on 237 and just the usual delays for southbound 880. you can see those backups now in the left-hand side of your screen. caltrain earlier delays have cleared out. wayne: yeah! open curtain number one. you won a car! you've got $20,000! you've got the big deal of the day! it is fabulous! jonathan: it's time for “let's make a deal.” now, here's tv's big dealer, wayne brady. wayne: hey, america, welcome to “let's make a deal.” i'm wayne brady. it's time to make some deals. three people. who wants to make a deal? let's see. the gypsy guy right there. i think you're a gypsy or a pirate. the pirate right here. the statue of liberty. and in the corner with the afro, the flower child with the afro with the glasses. all right, you may stand right there for me. and you'll stand next to him. so i have our three. you are? - kennet

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Transcripts For MSNBC News Nation 20130812

the judge just reminding everyone to remain silent in the courtroom as we wait for the verdict. >> talk about who's allowed to be in that courtroom. you've mentioned certain family members have been there. do we know who's inside today? >> reporter: yeah, inside today is a niece of whitey bulger. we're waiting for his brother, who's been here throughout, to be back in the whitey bulger family row. but a lot of the murder victims' families have been here as well. one man who i've been speaking to throughout whose sister was murdered allegedly by whitey bulger. so he's been here throughout. also, the son of one man who was murdered through all of this. so they've been here watching. then there were also ten seats available to the public and a lot -- oh, judge is reading the verdict right now, thomas. we're still waiting. i'm getting that word. stand by and we can have that for you. yeah, a lot of victims' families, the public watching. today really a packed courtroom as that verdict is being read right now. >> kristen, you said there are ten seats that are allotted to the public. obviously something through a lottery that goes out to those ten individuals. >> reporter: yeah, the public has been able to line up in the mornings and to get in as well. ten seats, not a lot. there's been intense interest in this case. let me just check and see, actually. we've been watching twitter as well to see if i can get you some type of verdict and if anyone is hearing it in the control room as well, if they can let me know what the verdict is. >> again, for those just joining us, it's breaking news coverage right now of the whitey bulger trial. our kristen dahlgren is on the scene. this is after five days of deliberations that this boston jury has come back with a verdict, all in reference to the federal racketeering charges against a person known in boston and certainly around the country as being this infamous mob boss. he he faces life in prison if found guilty of these 19 counts of murder and dozens of other charges. kristen, any word yet from our producer inside? >> reporter: yeah, still no word. the foreman is sitting forward in his chair, we're reading. a lot of tweets. any second now. the judge was looking over the verdict. again, a really long verdict form. had to look at each of those counts to make sure it was filled out properly. so the judge now looking through those. then we'll wait to hear it actually being read out in the courtroom. so a lot of anticipation here as we wait for that. and one reason this case has struck so much interest is that whitey bulger was on the run for quite a long time. on the eve of an indictment -- on count one now, we're hearing guilty. it looks like on count one, at least on one of those counts. let me look through my notes here. that is the racketeering conspiracy. so on racketeering conspiracy, count one, found guilty. count two, also one of those counts is guilty. that's another racketeering substantive. it looks like that is the death of michael malano. at least on one of those murder counts, it looks like the jury found that he did cause the death of that victim. now, whitey bulger, 83 years old. as you're looking at this, the most he could get is a life sentence. really, if you're looking at any amount of time, it looks like whitey bulger will be spending the rest of his life in prison. so waiting as it comes in. it's coming in kind of shorthand here. we're having to look through it. >> kristen, let me give you a break. i'll recap here while you collect what you've got. count one has come in guilty. that's racketeering conspiracy. also, count two has come in as guilty. that's racketeering substantive offense. under that count of count two means there are subsections, which then the jury needs to go through and decide that if the government has proven its case, as opposed to saying guilty or not guilty, the onus is being on proved or not proved. then the jury has to go through and decide that on all these subcounts against whitey bulger. if they had found him to be not guilty of count two of racketeering, they wouldn't have to go through that litany of other charges beneath that. so this is a large -- this will be a large ruling coming down against whitey bulger because they did come to a determination he was guilty on count two. legal analyst and lawyer karen desoto joins me right now. you're hearing this breaking news. again, whitey bulger found guilty of count one and count two. am i interpreting that right for everybody about count two and the fact that there are all these other issues that need to be proven or not proven by the government? >> yes, you are. with the racketeering, it gets a little tricky in these cases because you have to find that two of the incidents were within ten years. so there's some technicalities that i think has been a surprise to everybody that he was found guilty on the racketeering and the extortion. it does get a little technical with the racketeering cases because the law is pretty extensive and complicated. however, on the murder and the killing, those are pretty, you know, simple in that regard. again, as was said, he's 83 years old. so even a ten-year sentence is going to be a life sentence for mr. bulger. >> just so i can explain to everybody, again, i have the list of charges in front of me. when we go underneath the count two itself, how it's broken down, it would be the murder of michael malano, the murder of al plumber, the murder of james o'toole, the conspiracy to murder james sosa, the murder of james sosa, murder of paul ma n magonagle. so this goes on and on. it's a true litany. the jury has to decide whether the government has proved or not proved its case. if they came back on count two of racketeering in finding him guilty, does that mean that they would have automatically filled in the blanks, so to speak that, the government did prove the fact of that charge for all of the sub counts? >> yes, essentially that's what it means. as we've learned with a lot of these cases, the jury instructions are often very complicated. with these federal instructions -- and like i said, the racketeering, it gets very confusing for the jury. they try their best to go through. remember, there's 32 counts, 19 killings, extortion, money laundering, weapons charges. they try to make it as easy as possible for the jury. that's kind of tough when you have something as technical as this. >> with the amount of charges leveled against whitey bulger in five days that this jury deliberated, are you surprised with a five-day turn around, or does that sound like it was a substantial amount of time? >> no, i think they had him at hello, thomas. there have been lifetime movies and books written on mr. bulger. it's no surprise. there was mountains of evidence, even with his associates in other cases and other trials. that actually was an issue ongoing in this trial with evidence against the others and the associates and how it was brought into this particular trial. but i don't think it's any surprise, especially to those in boston, given such an iconic monster, if you will. there's been so much information in movies and books on this particular person. so, you know, in principle, even though he's 83 years old and he's been on the run as an fbi informant, i think that this was an important case for the government to bring forward and finally bring closure to a lot of these people. there are 19 killings. we don't know if there's even more of those, but closure to the families and other people correlated to this case. >> attorney karen desoto. thanks for your insight. want to go back to nbc's kristen dahlgren outside on the scene in boston. you heard karen say this jury had him at hello. what more insight can you give us about the counts leveled against him? >> reporter: yeah, so the first two counts, racketeering conspiracy and also racketeering substantive ochffense, guilty verdicts in those two. within the second one were all of these acts. that includes all the acts of murder. so there were some that were not proven and some that were proven. so racketeering act number one, which was conspiracy to murder members of the group, that was not proven as was the murder of michael malano. i misspoke earlier. that was not proven either. the murder of al plumber, not proven. then as we get into some of those later counts, if we get into count eight, the murder of paul magonagle, we have the jury found that was proven. the murder of edward connors, proven. then moving on here, excuse me. we have the conspiracy to murder thomas king proven. the murder of thomas king, it looks like that one i don't have yet. but the murder of francis leonard, not proven. so again, a very lengthy trial. a lot for them to look at when you're looking at in the racketeering charge. there were multiple counts under that. so that's all still being read now in the courtroom. so the significant part of it is on those two counts, the racketeering counts. it looks like he was found guilty. they really only needed to prove two of those acts committed within ten years of each other in order to get that guilty. so there were multiple murders that were proven there. so we're continuing to get things in here. it looks like more guiltys found as well as we go through this. so it looks like the reputed mob boss whitey bulger will be going to prison for the rest of his life, thomas. >> kristen, we're going to let you regroup and go back to your phone and check off what's proven and not proven. we have michael smerconish here, syndicated radio show host. you're here for another segment. lucky for me, i have you here now. as kristen was telling us, we have the racketeering conspiracy, racketeering substantive offense, both guilty on those counts. as we go through and look at what the information kristen is getting in, the conspiracy to murder members of the group, not proven. michael, not provb. al plumber, not proven. then we get into paul, thomas king. those were proven. that's just the tip of the iceberg with the amount of charges that they still have to go. >> what matters most to whitey bulger, and this may found foolish because here's a guy going away for the rest of his life, was sort of the trial within the trial. thomas, he wanted something clearly understood, that he was not a snitch and that he did not kill women or order or participate in the killing of women. there were some outbursts in the course of this trial where individuals were offering testimony against him and it was like straight out of a movie. he would engage them. he would trash talk them. there were expletives going back and forth. it wasn't about 90% of that. it was about the issue of whether he cooperated with the feds and whether he participated in the killing of women. there's this mob code. you know, it's sort of okay if you're participating in a murder but not women and you can't be a snitch. >> well, it depends on if it's apples to apples. if you're taking out someone that's like you or in the same business as you. also, the snitch thing, i know that goes in deep for the mob code. you don't want to be seen as some kind of rat. meanwhile, he was, you know, off the radar for a very long time, being on the wanted list for so long. it's very interesting, as kristen points out. certainly an infamous type of person in boston, but for the rest of the country to get to know who this character is and then to hear how this trial has gone down, it's been fascinating to hear about. cameras not being allowed into the courtroom just leaves us all to read those transcripts. you're absolutely right. the f-bombs were going back and forth. >> on those issues, right. most of this, you almost got the impression he was proud of it. like, yeah, that's me and that's what i've done. yes, i was the head of this crime family in boston and so forth. just don't say those other things about me because that's when you cross a line. it's hard for the rest of us to understand from the outside looking in, but it's truly like godfather part four, which they never made. >> again, our kristen dahlgren, thanks there to her for this. whitey bulger, the verdict is in. he is guilty of count one, racketeering conspiracy, guilty of count two, which is the racketeering with lesser offenses involving the different murders that he was charged with being either in charge of or conspiracy of. karen desoto is still on the line for us. karen, as we were getting from kristen dahlgren about these other charges, whether or not they were proved or not proved by the government, it seems almost half and half what they were able to prof in terms of which murders they are considering him to be guilty of as opposed to the ones they're not. >> right, exactly. i mean, with the case of 72 witnesses, 840 exhibits, and there was a lot of back and forth. obviously, other people have gone in for the murders correlated to this case. one of the ongoing arguments was, you know, the evidence from the other trials, whether that was going to be allowed into this trial. obviously, when you have so many -- when you have 19 killings, obviously the prosecutors did a great job with doing as much as they could. you know what? as far as the jury, really, great job that they were able to, you know, go through all of these cases, the 19 killings, and actually have a clear head enough to say, you know what, there wasn't enough evidence in one, but there was enough in the others, especially in a case where you have so many mountains of evidence and a lot of attorneys say, well, you know, if you have evidence against one, then they're going to find you guilty on everything. you know, as we can see from this case, jurors do take the case seriously, and they went through the evidence. it's not surprising that one or two murders are going to get off in a case like this. normally, thomas, you never have a case with 19 murders. this is really a serial killer. >> karen, were you able to hear michael smerconish and his observation about the fact that whitey bulger was a guy that didn't want to be seen as a snitch and didn't want to be seen as someone who killed women, but the rest of it was all okay. >> well, obviously, anyone who's committed 19 murders isn't, you know, dealing with -- you have some mental issues there as well. but, you know, the fact that you murdered 19 people and you're worried about honor, that's not surprising. when you have multiple killings like this, you're not going to be dealing with people who have a full deck. it's important for them to get those issues across at the end of the day as long as they get -- go to prison and they're not in charge of a crime family from far away or operating it from prison. i mean, that's a win. so no, that's not surprising. you're not dealing with an every day person. and it is intriguing. the information that was brought out by these witnesses, i mean, it really was like listening to -- watching "the sopranos" and all of those deep, dark things everyone is interested in. i'm sure if there were cameras in the courtroom, if they were allowed in federal court, you would -- people would be, you know, fascinated with the type of life that this man has led. >> all right. well, again, if you're just joining us, we've been following the breaking news out of boston. the verdict is back in the federal trial against whitey bulger. the jury has found him guilty of the two largest counts. count one, racketeering conspiracy. count two, racketeering substantive offense. we're going to be back with much more after this. alón rojo, is kicking off fun and fitness on and off the field, with the help of soccer stars. these free clinics, help kids gain confidence in their game, and learn how important it is to get moving every day. it's part of our goal to inspire more than 3 million people, to re-discover the joy of being active this summer. see the difference all of us can make. together. more on the breaking news out of boston. the jury is back in the federal trial against alleged mob boss whitey bulger. now he has been found guilty on different conspiracy and racketeering charges. let's go to our kristen dahlgren. she's outside the courthouse there in boston. kristen, what more have you put together? >> reporter: yeah, hi, thomas. among those racketeering charges were 19 separate acts of murder. according to the jury, it was proven that he committed or was co-conspirator in 11 of those killings. whitey bulger found responsible for 11 of the 19 killings that he was accused of. that's part of those racketeering charges. now, in the courtroom right now, the jury has left. the judge has instructed them that they don't need to speak. the judge earlier today was trying to make the decision on when she would release the names of those jurors. so we're still waiting for that. it's expected then that the victims' families will file out of the courtroom and courthouse and will address the media and then we should hear from the defense attorneys and then finally the u.s. attorney in this case will speak, the prosecutors who actually tried the case will not speak until after the sentencing. that sentencing, the judge says, is going to begin on november 13th. it's expected that could take several days. sometime in mid-november we'll we'll find out exactly how long whitey bulger will spend in prison. >> kristen dahlgren outside the boston courthouse, thank you very much. i want to bring in a journalist from "the boston globe." it's good to have you with us. mike, we have the proof, the conviction from this jury on the 11 different killings. the gangland crimes of whitey bulger. he's going to spend the rest of his life in jail. he's 83 years old. are you surprised at how quickly the jury came back, five days? >> not really. this was a very sophisticated, sweeping racketeering indictment. you had 33 acts, criminal acts. it was complicated. they went through all these -- i think one by one in terms of the violations. what was interesting was that, you know, he was convicted of 11 of 19 murders. my interesting point was obviously the jury may have had a problem believing one of the key witnesses in this case, perhaps a hitman who testified about a number of murders, murders he committed, and the jury felt that bulger's involvement in those murders was not proven. on the other hand, there was some key victories for the prosecution. the waterfront murder in south boston in 1982 of michael donah donahue. a couple other murders, the murder of roger wheeler in oklahoma. the jury took a long time. i think people expected this to come back a lot quicker. they went through all kinds of deliberations on each of the charges. so i think they took their time and did it very deliberately. >> again, this was a two-month trial. mike, do you agree with the assessment? as federal prosecutors portrayed whitey bulger during this time as a cold-blooded guy that didn't think twice about taking you out, the one thing that bulger did not want to be seen as during this trial was a snitch or somebody that went after women. >> well, i think the prosecution read a whole detailed file on his fbi informant days and loaded a lot of evidence that suggested that he provide information to the fbi on a variety of issues and other underworld activities. i also think they found him guilty of the murder of debra hussie. the only thing they didn't find him guilty in the killing of a woman was debra davis. no finding in that murder. it was alleged he had strangled davis. that was interesting the jury separated those two. they found him guilty of strangling one but not the other. we'd love to hear from the jury. unfortunately, we probably won't get their names for another week. it was interesting the way the jury went separate ways on that. >> again, james whitey bulger convicted today on charges against him in conspiracy and racketeering. we're waiting to find out exactly what the details will be for sentencing. we'll be back with much more right after this. is like hammering. riding against the wind. uphill. every day. we make money on saddles and tubes. but not on bikes. my margins are thinner than these tires. anything that gives me some breathing room makes a difference. membership helps make the most of your cashflow. i'm nelson gutierrez of strictly bicycles and my money works as hard as i do. this is what membership is. this is what membership does. humans. even when we cross our t's and dot our i's, we still run into problems. namely, other humans. which is why at liberty mutual insurance, auto policies come with new car replacement and accident forgiveness if you qualify. see what else comes standard at libertymutual.com. liberty mutual insurance. responsibility. what's your policy? "the news nation" also following two developing stories. first, in the past hour, attorney general eric holder unveiled major changes in federal policy concerning drug offenses. in an effort to relieve overcrowding in federal prisons, the attorney general announced prosecutors will no longer seek what he called draconian mandatory minimum sentences for many low-level, nonviolent drug offenders. >> it's clear as we come together today that too many americans go to too many prisons for far too long and for no truly good law enforcement reason. it's clear -- [ applause ] >> also today, a federal judge ruled new york city's controversial stop and frisk program violents the constitutional rights of minorities by conducting stops in a racially discriminatory manner. the judge called for a federal monitor to oversee reforms. mayor michael bloomberg reacted minutes ago taking aim at the judge. >> she conveyed a disturbing disregard for the good intentions of our police officers who form the most diverse police department in the country and who put their lives on the line for us every single day. throughout the case, we didn't believe that we were getting a fair trial. this decision confirms that suspicion. we'll be presenting evidence of that unfairness to the appeals court. >> i want to bring in syndicated columnist earl hutchinson. great to have you here. i want to start with the attorney general. obviously holder's announcement is big news when it comes to changing policies for low-level, nonviolent drug offenders. i want to play more of what he had to say in this announcement 37 . >> let's be honest. some of the enforcement priorities we have set have had a destabilizing effect on particularly community, largely poor and of color. and applied inappropriately, they are ultimately counterproductive. >> earl, what's your reaction to this, and how do you think this is going to go over as the attorney general tries to move forward with this? >> well, i think it was a major announcement. i think it will be greeted very, very well among civil rights advocates, civil libertarians, and of course among african-americans and of course hispanic leaders. one of the -- two big things about this. it's been building for a while. the administration has made it clear going back in time that there are disparities in terms of how the drug laws are being enforced and more particularly how the sentencing is playing out. i mean, we've seen the statistics over and over again. a disproportionate number of african-americans and hispanics, crack cocaine, marijuana, all the drugs. young whites? no. you've seen that. in 2010, equalized crack cocaine versus powder cocaine in terms of the sentencing on that. so there were hints all along from the obama administration and attorney general eric holder they were going to make some changes. i think it will play very well because it really is, when you strip everything away, it's an issue as the attorney general said, an issue of fairness. i think this, certainly, many people are mindful of. >> so you say there have been hinting placed all along from the administration or from the a.g. should people not be scratching their head with the question of why is the attorney general doing this now? >> no, no. because going back three years, essentially when they gave a mandate to congress, the obama administration and attorney general holder, let's change the laws, let's modify the laws. they've also talked about marijuana, how we deal with those and enforce those laws. and also other drugs too. i think the overriding concern on the part of the attorney general and of course president obama is this. you have so many african-americans, especially young african-american males, so many young hispanic males that are essentially in prison for long terms under the mandatory sentencing laws with no recourse. they feel, and correctly so, it's just simply not fair. >> let's look at the ruling that came out today from the federal judge here in new york talking about the city's stop and frisk program, that it violates the constitutional rights of new york city residents. no comment so far from the white house on this. however, the naacp president ben jealous has reacted by saying this is a ground-breaking victory. in this federal judge's decision, it recognized what the naacp has been saying all along for years, that the racial profiling tactic of stop and frisk has no play in our enlightened society. do you think that -- now, again, this has been going in new york city for a very long time. we heard the mayor come out and give his reaction, that he thinks that the judge has overreached. do you think that this will get the proper oversight? it seems as if the judge wants to put on this now. they can look at this program and see exactly what it's doing. >> i think the judge wisely understood one thing. it's not going to be greeted by the mayor and among police officials with any joy. no one is going to be popping the champagne cork. i think that's why she put in we need to monitor. but i think there's a bigger issue here. mayor bloomberg -- and i have to be honest -- and new york police officials and other police officials that applaud stob and frisk are not dealing with. they've never given an answer to one burning question. you have 90% of those that have been stopped in new york city -- by the way, in other cities too. it's not just new york. but especially new york. overwhelmingly, young hispanics, overwhelmingly young african-americans, and yet, there has been no charges, no criminal allegations, or activities or even suspicion. in other words, they've been released. how do you justify that? if, in fact, you were really stopping crime through stop and frisk, i would think the numbers would be much greater. the fact is, most people that are stopped, most people that are frisked, most people that are violated, they are charged with nothing. mayor bloomberg, you have a responsibility in your appeal to address that question. >> so what would you say to those on the other side that say this type of law and intimidation law is actually working? the numbers support it in that respect. because people know that it exists. it intimidates people from that behavior so they don't do it. >> no, it doesn't work that way. the fact of the matter is, one thing that mr. bloomberg and new york police officials have said over and over again to support stop and frisk t goes like this. crime is down, murders are down, violent crime and all things that are essentially major crimes in the city are down. they attribute it to stop and frisk. here's the problem with that. crime is down in all major cities across the country. murders are down in all major cities across the country. the fbi has documented that the last few years. so you cannot make a direct connection between one and the other. thomas, the dots are just not connecting here. i'm sorry. it's not working that way. >> earl hutchinson, as always, great to see you. thank you for your time. >> thank you. still ahead, new information on how officials tracked down the san diego man who kidnapped his friend's 16-year-old daughter. >> we seen the amber alert. i seen the girl's face on television. i told my wife, i said, that's the girl we seen on the mountain. >> earlier today, i had a chance to speak with the people who helped police rescue the girl. why they say they knew something was wrong. you need to see it, hear it for yourself. we're back after this. this digiorno dinner from walmart is less than $2.30 a serving. replacing one pizza dinner out a week saves your family of 4 over $1,200 a year. save money. live better. walmart. ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good around ♪ ♪ turn around barry ♪ i finally found the right snack ♪ ♪ diarrhea, gas, bloating? 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[ phillips' lady ] live the regular life. phillips'. so we're learning much more now about the moments leading up to hanna anderson's abduction in an interview with a local station. the san diego sheriff said the teen had no idea her mom and brother had been killed before she was taken. hann hannah's father is expected to speak out today. brett anderson was reunited with his daughter yesterday, one day after she was rescued by the fbi. authorities say she was being held under duress by her alleged abductor. meanwhile, earlier today i had the opportunity to speak with the four horseback riders who tipped off authorities about spotting hannah and her captor. they said right away they noticed something was off with this pair. >> they sure didn't fit in idaho. he was carrying a cat. there was just a lot of things that was out of place. so when we seen the amber alert, i seen the girl's face on television, i told my wife, i said, that's the girl we seen on the mountain. >> amazing those four people spotted them. our luke russert is in san diego, which is hannah's hometown. what more are we learning about hannah anderson and being back with her father? because there was word that her dad may speak out today. >> reporter: yeah, he's going to have that press conference at 2:30 pacific time, thomas. something that the family had feared was that hannah would not be aware of what happened to her mother or brother. the sheriff here, bill gordon, in an interview with a local station confirmed she was unaware that her mother and brother were actually killed in that fire, presumably set by mr. dimaggio. that is something that the family has been quite worried about. obviously, she went through a traumatic experience being kidnapped and driven on a week-long hostage situation up to idaho, but now that she's coming back to a society where her mom is dead, her brother is dead, thankfully she is alive, but it now becomes a story, thomas, of survival. that is something that her family, while they are very happy she was found yesterday, they've already sort of made that transition into we now need to make sure that this place, this environment is the best it possibly can be for hannah. she now adds her name to the list of the people like elizabeth smart, these folks who sort of grow up in the media spotlight because of something awful and traumatic that happened to them. that's something the family is really trying to prepare for now in san diego. >> as you point out, a press conference expected at 2:30 pacific. luke, thank you. still ahead, presidential hopefuls campaigning in iowa like it's 2016. several very big name republicans are already laying out the ground work. but the potential democratic contenders are not far behind. 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[ female announcer ] by their second kid, every mom is an expert and more likely to choose luvs than first time moms. live, learn, & get luvs. humans. even when we cross our "ts" and dot our "i's", we still run into problems. that's why liberty mutual insurance offers accident forgiveness with our auto policies. if you qualify, your rates won't go up due to your first accident. because making mistakes is only human, and so are we. we also offer new car replacement, so if you total your new car, we'll give you the money for a new one. call liberty mutual insurance at... and ask us all about our auto features, like guaranteed repairs, where if you get into an accident and use one of our certified repair shops, the repairs are guaranteed for life. so call... to talk with an insurance expert about everything that comes standard with our base auto policy. and if you switch, you could save up to $423. liberty mutual insurance -- responsibility. what's your policy? peoi go to angie's listt for all kinds of reasons. to gauge whether or not the projects will be done in a timely fashion and within budget. angie's list members can tell you which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact i can go onto angie's list and look for pediatricians. the service providers that i've found on angie's list actually have blown me away. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. more now on the breaking news outside the boston courtroom where whitey bulger has been convicted on counts with conspiracy and racketeering. this man is steven davis. he is the brother of one of the alleged whitey bulger victims. let's listen in. >> just -- i'd like to hear the testimony all over again. i'd like to hear the -- just all over again. i mean, i come out here feeling good because it was no finding. if it was a not guilty, it would have been a positive on the prosecution end. they did a good job. both sides did a good job. i have no complaints there. >> [ inaudible ]. >> through what i heard through this whole case, i don't. you know, i can't stand him for my personal run-in with him years ago. i can't stand him, but i personally don't think -- i really don't. but that's my personal opinion through the case and what i've heard through testimony and from witnesses. >> do you think he was there? >> i think he was there, had part. i don't think he would have allowed it, being 27.5 feet away from his brother billy bulger's house. if anything was to follow up on steve flemming's part, he probably would have killed him. >> so you think flemming killed your sister? >> oh, definitely, definitely. >> we've been listening to steven davis. he is the brother of one of whitey bulger's alleged victims. we still say alleged here because there was apparently no finding in the murder of this man's sister. however, whitey bulger was found guilty of racketeering and conspiracy and different murder charges. some were proven, some were not proven. steven davis' sister's murder, there was no finding from this jury. all right. so we switch gears now and focus our attention on politics and ask you the question, is there such a thing as being too early to the party? not if you ask this very forward-thinking group of republican presidential hopefuls over the weekend in iowa, where it looked and sounded a lot like primary time. >> i have a lot of faith still in the people of iowa in 2016 and beyond to use their good judgment. >> there is no more important regulatory reform that we can do than to repeal every single word of obama care. >> obama should have been beaten. hillary's going to be tougher to beat. >> so hillary clinton was not in iowa, but there were plenty of people who hope she will be soon enough, including missouri senator claire mccaskill. >> we have to have millions of people engaged and ready for what will be a pivotal race in america's history. and that is about getting everyone excited now about what i hope will be that moment in 2017 when we all get to say madam president to hillary clinton. [ applause ] >> so vice president joe biden reportedly spent his weekend in the hamptons, but he did have iowa on the brain because aides are confirming he's headed to the state next month for tom harkin's an july steak fry. all this 2016 coverage now is very, very early, isn't it, guys? but let's start out with it seems like we're seeing the same cast in iowa singing the same political song but expecting a different outcome. i want to the start with rick santorum, who has recently in the last couple weeks on "meet the press," has not discounted he might run again for president. he was there in iowa. take a look at what he had to say. >> my challenge to the republican party is to take a page out of our book and start putting forth an agenda of ideas to raise up folks who want to vote for us. you saw it for the last election. they didn't want to vote for president obama. at least he went out and talked to them. at least he went out and spoke about them. we didn't do that. we marginalized them. >> so chris, do you think he's on to something there? i mean, he gets the fact that the voters were marginalized, but is there enough within the republican party platform that's a wide, open-arm embrace? >> the idea of the republican party kind of taking more of a populous tack, if you will, yeah, there's a strategic value to that. the problem the republican party has, more specifically rick santorum, is he's never going to be the messenger of that. 2016 is going to be a very different race than it was in 2012. you had an incredibly weak republican field. you're going to have much more serious candidates. what's interesting about the folks that are going to iowa now, you know, you have trump, santorum, senator cruz. i hate to say it, the right-wing version of the three stooges. this is not going to play well if they become the voices on the far right and move candidates that are more viable folks like christie, you know, to compete with them. that's where they get in trouble. that's what happened last time. it seems like, you know, history is going to repeat itself. >> let's talk more about ted cruz. the daily beast has an article up "cruzzing to victory here." they laughed at his jokes, hissed at his political opponents and rose to their feet for his applause lines. is he somebody who's a gathering storm? meanwhile, there still needs to be the vetting of figuring out whether the canadian-born cruz can run for president because he was born to an american citizen. >> well, absolutely. he's starting to drive some of the conversation. you know, we've all focused a lot on senator rubio for the past couple of months. you've seen senator cruz kind of come from behind and really have a message that plays well in iowa and across to some of the real different conservative base. he's starting to drum that up to try to create a national movement, and it will kind of -- time will only tell whether or not he's able to kind of get those specific pockets. >> all right. so chris, what about fatigue? i mean, is it too early to consider that fatigue is a real and concerning syndrome? and that people are going to get -- they're going to scratch their heads. i mean, iowa is used to being courted. io iowans are used to seeing tv ads and presidential contenders come to their state and show up courting them. but for everybody else, is it going to be too much too soon? >> well, forget about 2016. i'm really excited about 2020. that's going to be a presidential race to watch. yeah, i mean, fatigue is a serious problem. people who are in the business, who love politics, like all of us, are clearly interested in talking about this. to the average person, you know, they're not really focused on 2016 presidential politics. the real story of what's going on here is the organizational and financial difficulties or obstacles that candidates face to run a presidential election today. what's driving this is not simply, you know, ego -- clearly that's part of it. what's really driving this is they need so much money. they need so many resources to be able to compete that it's driving the date of when you're running to a point where it's almost ridiculous. that's what's happening right now. >> anna, do you agree? >> absolutely. you're starting to see -- i can't even believe we're talking about 2016 right now. >> well, he wants to talk 2020. >> well, certainly, i think one of the things you're also seeing is people like claire mccaskill who came out very early in front for obama when he ran the first time, are trying to get on the right side of clinton. you know, if hillary clinton does decide to run, so she's definitely kind of positioning herself. you're seeing maybe a rick santorum try to position himself to try to drive that message or be a surrogate if he doesn't run for one of the republican candidates. >> all right, guys. great to have you on. i'm sorry if we're fatiguing so soon. chris, i love the idea that you're already looking ahead to 2020. we'll have lots and lots of time to talk about it. ann anna, chris, thanks. still ahead, a story that's raised a lot of questions when it comes to medical ethics. a woman whose cells were generated without permission have made advancements in science. 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Transcripts For FOXNEWSW Special Report With Bret Baier 20140917

"today's" testimony before congress. and we'll begin with chief white house correspondent ed henry and the -- late word, ed, on funding for the war effort. >> good evening, brett, the house just voted to give the president the power and $500 million to train and arm the syrian rebels. but the struggle on another front. there's three top defense leaders that say u.s. ground troops should at least be on the table. his credibility on the line over whether he'll stick to his promise of not sending u.s. combat troops to iraq or steera, president obama visited u.s. central command to try to close the door opened by his top military advisor general dempsey. >> the top military that has been deployed to iraq will not have a combat mission. >> as his own former defense -- flatly told cbs news the u.s. cannot win without sending in combat troops. >> there will be boots on the ground if there is to be any hope of success and the strategy, and i think by continuing to repeat that, the president in effect traps 4i8s. >> the president also doubled down on his claims the u.s. can count on the iraqis to serve as the ground troops. >> it is more effective to use our unique capabilities in surp port of partners on the ground so they can secure their own country's futures. >> even the army chief of staff today raised serious questions about the iraqi forces saying they did not fight at all when confronted by isis. tells isis, you've got to have ground forces that are capable of going in and rooting them out, adding that u.s. air strikes will not be the be all and end all solution in iraq. the president is facing real political pressure from the left. >> we are not there to support combat troops in any of these engagements. >> the president's own support continues to dip, with a new new york city times cbs news news poll finding, with 34% approve of his foreign policy, 58% disapprove. republicans like joe manchin are questioning the president's strategy and the coalition john kerry says he's putting together. >> it is important to know your enemy, it is equally important to know our allies and i'm not confident that we know who our allies are. >> reporter: as kerry faced heat from key republicans. >> this doesn't even seem see, it seems like a -- it seems like a political answer to the united states as they cry out got this uncivilized activity. >> i must say to you, i really find it somewhat surprising as we have come back from a week of very serious meetings with nations around the world, all of whom are committed to this. that you sit there and suggest that it's not serious. >> now iranian president denounced isis for it's savagery in an interview with nbc news, by it also charged the u.s. coalition is ridiculous saying the white house is scared of casualties on the ground in iraq. >> ed henry, live on the north lawn, thank you. obama administration officials say illegals from almost 150 countries, some of them state sponsors of terrorism have crossed into the u.s. through the southern border. isis has made no secret of its intention to bring its holy war to america. tonight correspondent doug mcelway reports to prevent that from happening in the future, it is useful to examine how it's happened in the past. >> reporter: egyptian born mahmoud alima stayed in the uls after his visa expired by claiming to be an agricultural worker. he helped carry out the world trade center bombing. today three obama administration officials testified about the latest efforts to protect the homeland from a new generation of terrorists. >> how will you assure the american people that another trvt h terrorist will not slip through the cracks? >> congressman, i am very focused on knowing as much as we can about individuals who are undocumented in this country. if an earned path to citizenship were to become law, that would encourage people to come forward and submit to a background check. >> do we honestly believe that any would-be terrorist or criminal or drug dealer is going to come forward to have a criminal back ground check done on him? >> reporter: some members were concerned that hard lesson e s learned are being minimized. >> the white house ziterred without taking action and the president played down the danger. >> reporter: despite this summer's wave of illegal border crossings, 70% to 890% are apprehended. but he was confronted with dh s's own facts. >> we have been -- 143 countries, according to to the internal statistics, 13 were from syria, six were from iraq, four were from iran. >> but the porous border is only one access route. >> our airports because so many of them come from countries that grant them vote visas to our nation. given the sheer magnitude of world traveling, there's thousands of ways to get from the united states to syria. and there's tens of thousands of americans who travel for legitimate purposes every single day. >> reporter: that doesn't include the growing homegrown event. yesterday polluters inditd a terrorist that was providing support to isis. >> reporter: the committee heard today that despite the growth, it is al qaeda that remains the biggest terrorist threat, and their fight for supremacy may be driving up membership in both organizations as they vie for global support. now to a terror attack that has already happened. the select committee on benghazi held its first public session today and it could easily be characterized as the bipartisan calm before what is expected to be a highly partisan storm. chief congressional sporpt mike manuel was there. >> former secretary of state hillary clinton was at the benghazi select committee's first open hearing, but she was introduced into the discussion and a witness wouldn't answer. >> the secretary of state should personally review the security situation of diplomatic facilities closing those who are highly vulnerable and threatened. why do you think the 1999 arb went out of its way to use the word personally? >> no comment, sir. >> reporter: today's hearing focused on a democrat member's idea looking at the latest state department accountability review board recommendations after benghazi and implementation. >> maybe, just maybe we can be what those four brave men were, neither republican nor democrat. >> reporter: the panel's top democrat said it's too late to bring back the americans killed at benghazi, but there's an opportunity to make a difference now. >> the things that we do today and over the next few months will have lasting affects even when we're gone on to heaven. and that's how we have to look at this. >> reporter: lawmakers heard from security officials who reviewed state department policy with one raising this red flag that there continues to be a prebenghazi approach to diplomatic security. >> clear the smoke, remove the mirrors, now is the time for the department of state to finally institutionalize some real, meaningful and progressive change. >> reporter: there was also an attack on the arb report itself. and ohio republican congressman jim jordan said those everybodying in libya should have been a high priority due to the danger there. >> if you had been in benghazi, would you have been lobbying for more security help in benghazi? >> i would be frequently frustrated -- >> you get the request from these guys on the ground for more help, would you have fought to make that request happen ". >> i would have put a significant -- >> feature more fireworks when the panel looks into explosive allegations made by robert maxwell that aides to then secretary clinton scrubbed benghazi documents that made top officials look bad. >> mr. maxwell's allegations will certainly be a part of what we're doing. i'm confident that mr. maxwell will come before the hearing. up next, vice president biden on hillary clinton's heels and the key presidential state of iowa hey. first here's some of what our fox affiliates across the country are covering tonight. a skunk wearing a beer can. police in oxford say the skunk was spotted near a fraternity house. an animal control officer was able to remove the can from the skunk without getting sprayed. yes, they're covering that. fox affiliates all over the country are running this video of a 3-year-old boy breaking military protocol to ski his mom. she had been deployed to afghanistan for the last nine months along with nearly 100 of her fellow national guard members. here's a live look at phoenix, the big story there tonight, more rain for arizona. the remnants of tropical storm odeal are moving across the state. phoenix will get soaked, we're told. tucson is expected to get up to fi five inches of rain. that's a live look at outside the belt way. our special report will be right back. really? 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(breath of relief) oh, what a relief it is. thanks. anytime. is all ready the brand ofstate the year.d berkshire hathaway home services. good to know. less than 7 weeks before the midterm, vice president joe biden joined a voter participation rally. >> you're looking at a kid who had 12 years of catholic education. i woke up every morning saying yes sister, no sister. >> he repeatedly congratulated the nuns for supporting the administration's priorities. >> the nuns on the bus fought like the devil for health care. >> reporter: the white house called biden's campaign style event an official visit and comes just days after hillary clinton made her first visit to the iowa caucus state. biden has not ruled out a run, notwithstanding clinton ooels -- >> if we pass the immigration bill, the gross existic product will increase, we will make social security more solvent, not les, we reduce our budget deficit by well over a trillion dollars over a period of time. >> he took a much tougher and populous line than clinton. >> why has corporate productivity gone up eight times? it's a good thing it's gone up, but eight times faster than your salary over the last 35 years. >> reporter: as the vice president was courting liberal catholic nuns he referred to big banks who fake advantage of servicemen and women as shylocks. >> what's happening at home in terms of foreclosures, in terms of bad loans, these shylocks that took advantage of these women and men overseas. >> reporter: the head of the nc president should have been more careful and that prompted the vice president to issue a statement saying he should have been more careful with what he said. whether it's courting the jews or the nonpartisan -- joe biten is back on the 2014 and perhaps the 2016 campaign trail. >> carl cameron of des moines. the republican quest to gain six seats in the u.s. senate and take control of that chamber appears to be picking up steam in some places tonight. but in one red state, a surprising turn according to the latest fox news battleground poll showing republican joanie earnst tied. this is for the seat of retiring democratic senator tom harkin. in kansas, republican pat roberts could be in trouble, he has only a small lead over greg orman. the democrat has dropped out, taylor, but he may still be on the ballot. head to ahead, ormond actually trails. mary landrieu trails republican bill cassidy in the latest polls by four, if no one gets more than 50% in that race, the top two will have a runoff december 6. and the balance of power could hang on that vote if it goes there. and in north carolina, republican tom tillis is within five points of democratic incumbent kay haygan. democrats and unions badly want to defeat republican governor scott walker this fall. mike tobin reports from milwaukee tonight on their chances of doing it. scott walker boasts unemployment decreased by nearly 40% on his watch. he won all his battles but this next one won't come easily. >> there's 40% who vote for the definitely. they don't care what's on the ballot, they'll vote against scott walker. >> has the governor challenged with challenger mary burke at 46%. undecided is a razor thin 5%. he benefitted from an anti-recall vote that's not necessarily pro walker. >> obviously some of that margin of victory two years ago was reflective of people who just voted against the recall on principal. not necessarily for or against a candidate. >> reporter: the unions have sworn this election will be a vendetta for walker's union bussing act 10. that was largely cemented by the recall vote and isn't much of an issue this time around. burke, a relative newcomer from the trek bicycle family pounced on walker's shortcoming on his promise to create 2 50,000 jobs. walker counters that he created 100 thooirks. >> coming out of the biggest recession since the great depression, everybody created jobs, but the reality is wisconsin is lagging behind. >> reporter: the campaigns are both very careful not to offend the small undecided ranks, so the vice president greeted president obama over the weekend, the democrat dodged the photo-op. and in a state marked by bitter partisanship, the campaigns are surprisingly polite. >> the tactics that usually works wasn't working. >> reporter: the difference may come out of a court of -- dissolved the injunction between wisconsin's voter id law. there's only a handful of voter who is won't get id'd before election day. both sides are locked in and even a handful can tip the scales. >> in milwaukee, mike, thank you. still ahead, afghanistan wants another half billion of viewer dollars. first is the uk about to be a lot less united? scotland votes on independence tomorrow. tomorrow is voting day in scott land. at stake is nothing less than a country's future, whether it be as a partner in the uk or as a totally independent nation. senior foreign affairs correspondent amy kellogg has the last-minute details from edinburgh tonight. >> reporter: the scottish national party promises a better economy and health care in an independent scotland. but ultimately much of what's driving decisions here is pure emotion. >> i think it's better if we all pull together. >> we should definitely take over because we don't get many opportunities. >> freedom. >> reporter: but with that freedom comes the great unknown. take oil, the reserves satisfies half the country's energy needs right now. alex salmon has pledged scott land would be better off if it didn't have to share it's oil wells with britain, but studies show -- taking a future on a volatile commodity is risky business. and britain is saying an independent scotland would no longer be able to use the pound as currency, and there's no plan b. the financial services sector in scotland is nervous, with major banks saying they will relocate headquarters to britain. the uk's nuclear deterrent is based in scott larpd's waters, the nationalists say it will go if they become independent. and britain doesn't have another suitable place for these subs. that's one issue that scares undecided voters. >> what will happen to the military that's my fear. >> george robertson himself a proud scott says it should make others uneasy as well. >> it's going reduce the capability of the uk at the very time in the world when strength and solidarity and an effectiveness is going to carry so much against, you know, the forces of darkness that threaten us all. >> reporter: meanwhile some english are as passionate as the scotts about the referendum. this man traveled all the way from london with a simple message that britain would be a sad place without the sc krrksc the mix. >> they are the celtic fringe and we in england don't want to do without that. >> reporter: given separatist rumblings in other marts of europe. institutions by the eu and nato might even be a bit coy about welcoming a newly independent scotland back into the fold. >> live in a foggy scotland tonight. amy, thank you. we'll follow that and have more on the panel. federal reserve signaled that it plans to keep a key interest rate at a record low because of a broad range of u.s. economic measures remaining sub par, that isn't the dow up 25 to close at a new record high. the s&p 500 was up three, the nasdaq gained nine. did you know you paid for a musical about climate change? we'll have the reviews. and the not entire dollcit tones, berng bernie sanders in congress. better things than the pain, stiffness, and joint damage of moderate to severe rheumatoid arthritis. before you and your rheumatologist decide on a biologic, ask if xeljanz is right for you. xeljanz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz can relieve ra symptoms, and help stop further joint damage. xeljanz can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers have happened in patients taking xeljanz. don't start xeljanz if you have any infection, unless ok with your doctor. tears in the stomach or intestines, low blood cell counts and higher liver tests and cholesterol levels have happened. your doctor should perform blood tests before you start and while taking xeljanz and routinely check certain liver tests. tell your doctor if you have been to a region where fungal infections are common, and if you have had tb, hepatitis b or c, or are prone to infections. tell your doctor about all the medicines you take. one pill, twice daily, xeljanz can reduce ra pain and help stop further joint damage, even without methotrexate. ask about xeljanz. even without methotrexate. if you don't think beat con mewhen you think aarp, you don't know "aarp." the aarp fraud watch network helps everyone protect themselves and their families against scams and identity theft. find more real possibilities at aarp.org/possibilities. now for a fresh take on the political grapevine, it is once again legal to wear saggy pants in ocala, florida. last month the city voted to ban panels that sit two inches or more below the waistline exposing underwear or one's back site while on any city property. the naacp took issue with the city -- the curtain has come down early on a musical your tax dollars paid for about climate change. the great immensity was founded by the national science foundation to education the audience about the earth's bioatmosphebi biosphere. the show closed abruptly after reaching it's first stop reaching just 5% of its anticipated audience. critics and lawmakers alike were not impressed. the musical mystery tour is an uneasy mix of fax and credit duality stretching fiction, it's neither flora nor fawna. the nsf used taxpayer dollars to underwrite political advocacy dressed up as a musical. and speaking of music, a little throw back. thanks to a senator and possible presidential contender, it turns out independent bernie sanders of vermont made a little for ray into music in the 80s while he was mayor of burlington. he owned a recording site owe and came up with the idea of laying down some tracks and the rest, as they say is history. >> all around me -- ♪ this land is your land ♪ this land is my land ♪ >> lockwood says the cassette was one of his label's best selling of the year due in no small part to people purchasing them as gag gifts, he says. afghanistan wants your money. and a lot of it. the cry for a handout comes as the expenses pile up for american action elsewhere in the middle east and in africa a national security important jennifer griffin looks at the numbers tonight. >> as the pentagon tries to figure out how it's going to pay for the new armed conflict in iraq and combat the ebola virus in west africa, the afghan government claims it is broke, asking the u.s. for an immediate $537 million bailout. without it the government in kabul says it won't be able to pay its employees. >> we have spent too much money too fast and have built an in a infrastructure that the afghans cannot afford. >> by the end of this year, we will have spent more money in afghanistan over $104 billion than we did for the entire marshall plan for europe. just this year alone, our reconstruction budget there will be greater than the next four countries combined. and that's israel, egypt, iraq and pakistan. >> reporter: the afghans blame their current financial wores on the stalemate of presidential results. secretary of state john kerry was in kabul recently trying to arrange a unity government, but neither candidate is willing to step aside. after a trip to afghanistan in may, president obama said the nation's foreign policy needed to shift away from the afghan and iraq wars. >> when i took office, we had nearly 180,000 troops in harm's way. by the end of this year, we will have less than 10,000. i think americans have learned that it's harder to end than it is to begin them. >> the warning from the u.s. inspector general comes as the taliban is increasing pressure around kabul, killing two americans, major michael donahue and steven bias outside the u.s. embassy in a suicide bombing tuesday. without a new -- all u.s. troops will need to pull out by the end of the year, a situation reminiscent of iraq three years ago. >> jennifer, thank you. tonight we hear from the parents of a new jersey teenager who was gunned down and what the confessed shooter says was a revenge killing for the u.s. role in the middle east. police say brendan tevlin was killed while his car sat at a stoplight in june. his parents tell greta van sustren it was a premeditated murder. >> do i think he was there to kill somebody? yes, without a doubt. he definitely that night was looking to kill somebody. he changed his clothes, put fatigues on. he was there to do what he did and what he accomplished. >> you can see the full interview with brendan tevlin's parents tonight on the record 7:00 eastern. president obama again promises not to send u.s. combat troops to iraq and syria, while the experts say he'll have to eventually. we'll talk about the mixed messages s on isis when the p joins me after the break. who's going to do it? who's going to make it happen? discover a new energy source. turn ocean waves into power. design cars that capture their emissions. build bridges that fix themselves. get more clean water to everyone. who's going to take the leap? who's going to write the code? who's going to do it? engineers. that's who. that's what i want to do. be an engineer. join the scientists and engineers of exxonmobil in inspiring america's future engineers. energy lives here. >> the american forces that have been deployed to iraq do not and will not have a combat mission. i will not commit you and the rest of our amprmed forces to fighting another ground war in iraq. >> they are not going to be successful against isis trickily from the air or strictly depending on the iraqi forces or the peshmerga or the sunni tribes acting on their own, so there will be boots on the ground if there is to be any hope of success and the strategy. and i think that by continuing to repeat that, the president in effect traps himself. >> former defense secretary robert gates talking about boots on the ground in this fight against isis. you also have the army chief of staff weighing in, genere odierno. saying this, you've got to have ground troops that are capable of going in and rooting them out, referring to isis. the air strikes will not be the be all and end all in iraq. and the jihadists cannot be allowed to have a safe haven in syria. those forces may not be u.s. forces but they have to be somebody on the ground. let's bring in our panel, steve hayes, julie pace, white house correspondent for the associated press and syndicated columnist. >> the white house seems to have this issue with messaging. general dempsey said there might be a time when forward deployed forces are called to work with iraqi forces and called in laser guided strikes. that's combat. >> yeah, i mean in some ways this is an issue of semantics, but what we really have to talk about is what the mission is. boots on the ground is almost a meaning less metric at this point. >> it's an offensive to some military. >> it is, but we have people on the ground, there have been about 1,600 americans who have been sent to iraq since the beginning of this summer. the question is are they going to be involved in combat. not necessarily is that going to be their mission when they're sent over there, but by being in some cases embedded with iraqi military units in forward positions, will they be drawn into combat? that is a big question and i think a lot of americans remain uncomfortable with that situation. >> what are the expectations if they get fired upon? and if they're next to some iraqi or kurdish fighter or a sere yang fighter and they are calling in strikes, guess what? that is combat. >> and there's no question if they're fired upon they will fire backs. it is a semantic debate but it's an important one for the people who are on the ground engaged in combat. but take a step back and think about what message this sends to isis. the president gives a speech, a nationally televised prime time speech in which he announces a nonwar war, and then he spends a week nationally and internationally what they're going to do. the president and his team can't decide what to call it a war or not, they can't decide what there will be boots on the ground or not, they can't agree on whether there will be later ground forces or not. this is exactly the wrong way to begin a concerted campaign, a determined effort to root out an enemy that the president of the united states has identified as a critical threat. in effect, what he's saying s isis and related groups are a threat to our core interests. we're going to get some other people to fight them. >> speaking of the people, secretary kerry was on capitol hill, some interesting exchanges including one with senator manag mccain on the free syrian army. >> i don't believe it's going to be ultimately a wait and see because i don't believe that number one that the people supporting the opposition in various parts of the region are ever going to stop until thes a sat problem is resolved and number two, i don't believe isil -- u don't believe the modern opposition will modestly stop. so there will be these two prongs, there's no way to avoid that. >> i hope there will be two prongs and not isis first. >> if we don't stop isil first, there may not be much left of the other prong. >> that means we can't take on two adversaries at once, that's bogus and false. >> a wink at the end there, charles? >> i think they're both right in the sense, you don't want to have an all-out war on syria today, you have to do one at a time, the first supposedly will be isis. the syrian government is using the interval between now and u.s. attacks on syria, they're using the free syrian army, and assad's strategy all along has been to attack the good guys, the free syrian army guy and have this quiet understanding with isis, i leave you alone, you leave me alone. and the one area where the good guys are getting squeezed is aleppo, which is essentially the largest city in syria and their last holdout. isis has the suburbs in the north, assad has the suburbs in the south, and if you relieve the pressure on east effort of the two bad guy's party, that means they can hit the free syrian army. >> and as senator hagel said, as this is happening, the free syrian army is engaged in u.s. forces, the isil forces will attack the assad forces, we have a situation which is three dimensional chess. >> hagel did not look as if he had prepared his answer to that. it looked entirely off the cuff and made up. i have no idea what it's real policy, but he seemed to say we will come in in support of the free syrian army. it was a proposal for the syria crisis group which is the good guy monitors who have been reporting on syria. that would save them at least in the short run from isis and from the assad government. >> julia, on the threat from isis here, a couple of tweets, kenny k., absent real leadership in the who is and in congress on both sides of the aisle, terrorists see america as weak, i have great faith that our military and our intelligence folks will stop it's cities from attacking our homeland. on the other side of the capitol hill, there was this hearing about that threat. is the white house, is the administration, do you think taking this threat here seriously? >> well, i think they're taking it seriously in the sense that it has gotten the united states involved in a military conflict that president barack obama has been trying to avoid for several years. right now intelligence shows that there is no direct threat to the homeland, but there is a big concern about foreign fighters, americans, europeans who have passports for these countries are and fighting in syria, getting radicalized and could come home to their home countries, you're going to see a lot of attention focused on that when the president goes to the u.n. and meets with other foreign leaders. >> there was concerns about the southern border, concerns about people who are contributing and just saying they're going to get involved in isis here in the u.s.? >> right. i mean there's a lot we don't know about isis and it's intentions. it's capabilities here in the united states. but i don't buy the argument that the administration intelligence, some intelligence folks, not all, but some intelligence folks are making that there's no direct threats to the homeland. if you would ask the director of the cia on september 10, 2001, do you know of a direct threat to the homeland, he would have said no. when you have the leader of isis telling you that he's going to come attack in new york, when you have consistent threats from isis and related groups saying that they're going to attack america here, you ought to pay attention to those. >> next up, will scotland bolt from the uk? on my journey acro, i've learned that when you ask someone in texas if they want "big" savings on car insurance, it's a bit like asking if they want a big hat... ...'scuse me... ...or a big steak... ...or big hair... i think we have our answer. geico. fifteen minutes could save you fifteen percent or more on car insurance. that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. go to comcastbusiness.com/ checkyourspeed. if we can't offer faster speeds or save you money we'll give you $150. comcast business built for business. they are leading us into a trap. have confidence and say to our friends, for reasons of solidarity, sharing, justice, pride in scotland, the only answer for scotland's sake and for scotland's future is vote no. >> i say -- last minute promises from westminster and from a former prime minister no power seems like a panic attack. >> interesting this week one of the biggest stories really. this independence vote for scotland tomorrow. president obama weighing in today. saying in a tweet the u.k. is an extraordinary partner for america and a force for good in an unstable world. i hope it remains strong robust and united. >> the latest polls it's really close. within the margin of error. and pollsters there are saying they really don't know if they have a sense of this because of all the nationalistic fervour in scotland about this vote. we're back with the panel. charles? >> i'm not sure it really helps u.k. unity to have a message from the president of the united states. subtle one from the queen and now you have just informed me from mel gibson about this issue. i lived through something like this in quebec, which had the same instinct to suck seek from canada referendum last month. they stayed in canada by a whisker. less than half of 1%. i think what's really happened here. had you a poll last week showing succession, winning. and now you have the latest poll showing a real tightening. i think in these situations there is often the desire to go independent. and then at the last second when you think about all the implications, and they are huge for scotland economically, it receives a lot from westminster, a lot more than it gives back, it's isolationist economy and diplomacy. i think there would be a counter reaction to stay within u.k. my guess would be that it will be really close but like quebec they might at the end flinch. >> julia, it's interesting to think about the politics and the dynamics there. scotland is much more liberal than great britain is. and when you look at that, they don't want any of the nuclear weapons located on scotland. they don't like a the love the national defense decisions being made. >> what's interesting is to hear david cammeron talking to the scotts the last week or so as these polls have come out. his message has been you may not like me but you won't have me forever. if you take this vote you will be separating forever from britain. it's almost interesting to hear a politician say i know i'm not so popular here but let's not separated completely. i think in his comments and comments from other officials you are suddenly seeing a little more concern about these concerns people in scotland have that feel like they have been ignored for years. even if there is a no vote there is going to have to be something done to address the concerns. we will see the independent movements come up. >> great things can grow out of principles move away from the british empire. i don't think that's what's going to happen here. what's interesting about charles, charles is right. you can easily see it going this way where the problem with the people pushing independence is because it became such a big issue. sort of underground issue obviously here but in particular over there then a series of polls that showed it close. wait a second. on the other hand, "new york times" reported today that the yes offices were buzzing with people and volunteers and pushing leaflets and talking to people and the no offices were basically empty for the last 48 hours. >> the pollsters are saying we might not have this right. >> what about for the u.s.? because obviously we are always concerned about what it means for us. >> it's not going to be the end of the world. it's not going to be half the end of the world. u.k. is our best ally. stronger it is, larger it is, remember, the nuclear deterrent is in scotland. the scotts have said it's got to go. that's got to be a a huge headache. the stakes were lower than they were in 1776. the reason is that we have so much internationalism. scotland will remain in the eu, you know. so much of the independence of states has been given over to the eu in brussels. that it's really are you going to have a flag and a seat at the u.n.? there is not that much hanging on it in the end. but, prosecute from the united states progressive, why would we want to cooperate. in the same way we didn't want quebec to separate. you want them to remain song. >> we can get some haggats on this yes or no. >> i go with a squeaker no. >> no. >> i think they do it. >> that is it for the panel. stay tuned on an update on the story we brought you last week in the grapevine. an impact on something as big as your retirement? i don't think so. well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years, that retirement challenge might not seem so big after all. ♪ you're thinking beneful. [announcer]beneful has wholesome grains,real beef,even accents of spinach,carrots and peas. [guy] you love it so much. yes you do. but it's good for you, too. [announcer] healthful. flavorful. beneful. from purina. the two spent six at as together on a deserted island, filming a reality show about team work. well, now they are both on capitol hill back up there and apparently still in survival mode. how can would he be assured here that the new protocols that are in place with these new recommendations being implemented will be followed? [ laughter ] >> oh, yes. quickly. congrats to the washington nationals who clinched the nl east last night in atlanta. i will say some on this panel who were a little wishy washy about the chances at the beginning of the season. i'm actually not going to say who that was. >> i three weeks ago. >> thanks for inviting. greta right now. >> could it really be just a coincidence. just hours after president obama's top military advisor said he was keeping the ground open to send ground troops to fight isis. the chilling. a movie like video threatening to kill american ground forces if president obama deploys him. and senator kelly ayotte joins us. good evening, senator. >> good evening, greta. >> senator, this video is absolutely chilling. just released. you have seen it? >> i have seen portions of it and it's totally disturbing. what it shows is that if you wonder if they are coming after us or if they're a threat to us, i think it's very clear from this video. >> the video was very personal about the united states. even had the pictures of -- when president bush was president

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Transcripts For FOXNEWSW Fox And Friends First 20181031

launched by both parties. is this the best taliban costume ever? jillian: turning heads this morning. "fox and friends first" continues right now. ♪ i've been running through the jungle ♪ i've been running with the world ♪ i have been down the dark side of the moon ♪ to you ♪ to get to you ♪ jillian: thriller in the last hour in heather's show and couldn't get enough of this. rob: we will get some halloween music. we will get some. jillian: you are watching "fox and friends first" this wednesday morning. rob: thanks for getting up early with us, donald trump getting up for a new immigration showdown, vowing to ban birthright citizenship for babies born in the united states. lawmakers on both sides of the aisle criticizing this plan, many calling his plan unconstitutional. jillian: doug mikell way, third migrant caravan could be on the way. >> reporter: three caravans of central americans continue to make their way to the southern us border donald trump is vowing to further crackdown on illegal immigration planning to sign an executive order that would end birthright citizenship. the 14th amendment's guarantee the give citizenship to a child born in the us to foreign parents. >> you can definitely do it with an act of congress but now they are saying i can do it with an executive order. how ridiculous? we are the only country in the world where a person comes in, has a baby and the baby is essentially a citizen of the united states for 85 years with all its benefits. it is ridiculous. it is ridiculous. and it has to end. >> reporter: many legal scholars and congressional credit from both sides of the aisle say the president is wrong. it would require a constitutional amendment. a 2 thirds majority of congress and ratification by 4/5 of the states. >> you cannot legal birthright citizenship with an executive order. as a conservative i believe in following the plain text of the constitution and the 14th amendment is pretty clear. that would involve a very lengthy constitutional process. >> reporter: not everybody as opposed. lindsey graham is supporting the president tweeting in addition i plan to introduce legislation along the same lines as the proposed executive order for the president, the aclu slamming the president's proposal tweeting this is a blatantly unconstitutional attempt to fan the flames of anti-immigrant hatred in the days ahead of the midterms was the 14th amendment citizenship guarantee is clear, you can't erase the constitution with anything of order at real donald trump. all this as the us military announces 5200 troops will be deployed along the south border to stop what is now 3 separate caravans making their way to the us. jillian: thank you for that report. family mourning the loss of their three innocent children, mason and big sister olivia hit and killed by a truck as they walked to their school bus in indiana. there uncle says the family is devastated. >> what do you tell your little brother? how do you tell your little brother it is going to be better? you can't. >> reporter: the suspect alyssa shepard is charged with reckless homicide. another child was airlifted to the hospital. the ntsb is investigating. rob: rutgers university football players accused of planning to kill his friend's family. isaiah charged in a double murder plot in new jersey, the junior linebacker planned to kill two people. the intended victims are not tied to the university and were never hurt. he has been dismissed. he had it coming. the families of james whitey bolger's victims reacting as the notorious mobster is killed in prison. >> i'm overwhelmed with joy. i won't be sobbing. we have been sobbing for 36 years. >> pop that cork. he died the way he lived. you kill people, you are killed. >> reporter: five years ago in santa monica, california, he was hiding out. michael donahue speaking out after bolger was shot -- the 89-year-old was responsible for 11 murders, he had just been transferred to a new high security prison in west virginia where he was reportedly attacked by inmates with ties to the mafia and been to death. jillian: honoring the victims. more funerals planned today for those killed in the pittsburgh synagogue shooting. the president met with protesters as they pay their respects. todd pyro joins us with those images. >> reporter: powerful scene in response to a national tragedy, the president and first lady visiting memorial to the lost so senselessly saturday. among his stops donald trump met with the widow of one of the 11 people killed spending an hour with her after visiting the synagogue and meeting first responders at the hospital but the visit wasn't without controversy, hundreds protesting the visit holding signs and singing in hebrew. ♪ >> reporter: donald trump accusing to focus on the family sonata protests. sarah sanders saying, quote, it was a great honor to be in pittsburgh with the first lady to be with such incredible people who have shown such bravery. the first responders that likely saved countless lives at the synagogue honored in an emotional tribute at the islanders penguins game. >> officer anthony first and officer mike speck. >> reporter: those officers you just heard the public address announcer announced in the ceremonial puck drop. at half -- scott schubert followed bearing the american flag colored black and blue. jillian: iraqi refugee in the us accused of making bombs to be used in terror attacks. according to documents obtained by the daily mail and fbi source asked the suspect, quote, show him how to make a car bomb. he agreed and traveled with undercover agents to las vegas where officials say he built the device and described what he was doing. the suspect has been in the us for 10 years. rob: chinese until officers charged with attacking businesses to steal information. the doj accusing people connected to the chinese government is trying to swipe airline engine data. american aviation companies, none of the suspects are in us custody. extradition treaty with china. we will see how it turns out as the trump administration increases spending on cyber warfare amid heightened threats from russia, china and north korea. jillian: texas democratic senate candidate beto o'rourke explains why democrats have shifted from blue-collar roots to the rich and famous. >> i think there are too many, too beholden to special interests. we got to return to people. jillian: speaking to chris matthews, o'rourke claims donald trump is stroking paranoia after announcing his plans to issue an executive order ending birthright citizenship. >> interesting he drops this proposal with a week until the november 6th election. interesting he tries to stoke paranoia and fear about a group of migrants who are hundreds of miles, weeks from the us-mexico border if they even make it this far. >> reporter: a new taxi strategy cbs poll shows or work trailing ted cruz by 10 points. rob: let's check the forecast. wandering around with little kids tonight and -- jillian: very nice. >> very nice, good spirits right there. everyone is out there in their festive gear. east coast looks good but we have stormy weather across the central us. we will warm up very nicely across the east coast. 45 in new york, we will hit 60s today, good night for trick or treating. the central us, the rockies dealing with stormy weather. snow across portions of the rockies, colorado getting hit hard and in the northwest a storm system moving in. there is your snow in new mexico and colorado. that will hook up with a frontal system bringing potential for heavy rain and strong storms across texas and louisiana. you want to pay close attention to your local forecast. if there is severe weather keep the kids indoors. there is your severe threat for parts of texas, louisiana, mississippi towards arkansas. could see large hail and damaging winds and tornadoes. this is the area of concern. forecast precipitation a lot of heavy rain across the gulf coast toward the ohio valley so those areas we will watch real quick. there is your forecast. we are watching ohio valley, the east coast, 64 daytime high in new york city. heather: what are you wearing for halloween? rob: i had my halloween fun. i'm a little old for trick or treating. >> you are never too >> i snuck up behind you. >> nicely done. you're my kind of cop. >> i was an exotic dancer, i was actually a cop. who is that? is that -- heather: that is me. my brother, my mom handmade those costumes. i am on the left, the girl. >> that is a creepy clown. rob: very cool. kim jong un heather: that is me and my brother too. rob: that is solid. >> martha washington. >> this is the one time i don't have to get dressed up for halloween. >> i have the brown shoes. >> did very well. >> dressed up as rob schmidt for halloween. >> you have a police officer outfit? rob: i wore a three days ago, definitely still have it. jillian: should i leave too? you want to arrest me? rob: okay. let's get back to some news. 12 minutes after the hour donald trump vowing to end birthright citizenship. >> always told to me you needed a constitutional amendment. rob: our next guest, what could be the next executive order but not many other people do. george rodriguez says it is the most abused immigration loophole. jillian: the candy converter making your halloween dreams become a reality. don't go anywhere. ♪ oh! oh! ♪ ozempic®! ♪ (vo) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? 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rodriguez served in the reagan and george hw bush administration. a lot of people argue this gives many people the incentive to come here and want to stay here. >> exactly right. this is a terrible magnet that brings illegal immigrants into the united states. this is going on a long time. those raised down here in the border region have known of women that would come across the border to have babies and acquire dual citizenship if they could take advantage at a later time. we had a lot of men, a lot of temporary workers that fathered children and took advantage of that but now it is completely abused. in 2013 there was a bust of asian tourists that would come to southern california and have a baby and most recently in miami there were russians, it is crazy. rob: an escalating problem we are seeing grow and grow. there is actually 30 something over -- the developed stations, us and canada, if the uk got rid of this, why do you think there is backlash to the idea of the united states? >> it is obvious. particularly democrats want to replenish voters in particular, more conservative in their voting and attitudes. they need to replenish those voters and bring in new voters and immigrants and in new york in the 1860s, take advantage of immigrants as they got off the boats. the same thing is happening in the border region. and that is what i want to do. >> it would live up to a supreme court ruling? >> it will take a double frontal attack. congress has got to act on it, close this loophole. and citizen birthrights. there has to be a legal challenge of the supreme court got to redefine. in 1898 there was a case that defined the citizenship birthright for foreign-born parents. that loophole has got to be close and that issue addressed. rob: the subject to the jurisdiction thereof in the 14th amendment, it could go to the supreme court and we will see how they judge on the more conservative bench. thank you for your time. jillian: a pandemic is possible. a startling morning from the cdc director, the nightmare that keeps him awake at night. >> that was a new one. >> you are not calling a dark. rob: you could never who one over on mister feeney, the burglar who learned that the hard way. ♪ (chime) - [narrator] meet shark's newest robot vacuum. it powerfully cleans from floors to carpets, even pet hair, with ease, and now for cleaning surfaces above the floor, it comes with a built in shark handheld. one dock, two sharks. the shark ion robot cleaning system. your insurance rates a scratch so smallr you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. ♪ liberty. liberty. liberty. liberty. ♪ unstopand it's strengthenedting place, the by xfi pods,gateway. which plug in to extend the wifi even farther, past anything that stands in its way. ...well almost anything. leave no room behind with xfi pods. simple. easy. awesome. click or visit a retail store today. rob: a major warning about a flu pandemic, the head of the cdc fearing this could be as deadly as an outbreak 100 years ago that killed 50 million people worldwide. >> it keeps me up at night. it is very possible. we are at risk for another pandemic. >> your final warning, 80,000 americans died from the flu last year. the cdc urging people to get vaccinated. the cdc fights the flu struggling to stop a mysterious illness paralyzing kids, the organization under fire after confirming 10 new cases of the polio like disease bringing the total to 72 nationwide. earlier on the show we asked doctor nicole safire why it is so tough to pinpoint the cause. >> the cdc -- everyone has report these cases. if you are not reporting these cases, what is actually the cause. >> the dow surging 400 points logging its best day in two week standing at 24,874 points with the s&p closing at 2682. the nasdaq finishing at 7151 points after a wild day on wall street with stocks swinging and trade tensions with china. rob: you have to explain this. reese's installing a vending machine that flops out that having candy for peanut butter cups. jillian: ms. after a poll commission found 90% of americans traded their unwanted halloween candy. the vending machine is only available tonight for trick-or-treat in new york. i love that. rob: peanut butter cups. jillian: pumpkin is where it is, seasonal reese's, more peanut butter. rob: i haven't tried that. jillian: 25 after the hour. voters in oregon will decide the state of the state's controversial law, felons fighting for the right to vote. kristin tate will break down the ballot initiative next. rob: both parties bringing out big names in a final midterm blitz. >> i am sick and tired of this administration. rob: jackie ibanez here with last minute midterm message for democrats and republicans. ♪ if you have psoriasis, little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats moderate to severe plaque psoriasis differently. with otezla,75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. you may haveum disease and could be on a journey to much worse. try parodontax toothpaste. it's three times more effective at removing plaque, the main cause of bleeding gums. leave bleeding gums behind with parodontax toothpaste. leave bleeding gums behind they're all going in the same direction but in very different ways and pampers gives all of them our driest best fitting diaper. pampers cruisers with three-way fit. they adapt at the waist, legs and bottom with up to twelve hours of protection for all the freedom to move their way in pampers cruisers only pampers diapers are the number one choice of hospitals, nurses and parents. rob: political leaders coming up support for the candidates with six table for the midterm elections. jillian: jackie ibanez joins us with the president's final push republicans and how the democrats are responding. >> reporter: democrats and republicans pulling out all the stops ahead of next week's midterms, donald trump kicking campaigning into high gear with a mag a rally in florida tonight urging voters to support republican ron desantis who is in a tight race for governor with democrat andrew gillam. the mayor tallahassee getting a boost of his own at the university of florida today and former president barack obama will rally for gillam friday. democrat and former vice president joe biden on the campaign trail stumping in wisconsin last night and criticizing donald trump. >> i am sick and tired of this administration. sick and tired of being sick and tired, hope you are too. >> reporter: in wisconsin donald trump's son eric campaigning, and a very familiar face walking door-to-door, former presidential nominee mitt romney running for senate and exercised his main priorities to peter doocy. >> my first responsibility is people who voted for me in utah. that is job one but the concerns of the people here, people across the country. jillian: 6 days ago. donald trump will make 10 more campaign stops through sunday and by that time he will have hosted 63 rallies in 23 states and all early voter turnout is surging in several key states, positive sign that more americans may cast their ballot in the midterms. jillian: one of the democrats that could prove crucial is the african-american vote. rob: donald trump says the black vote is leaving the democratic party for the gop, something star parker is a credit to the administration. >> loyal to the democratic party because blacks but the idea of activists government, something exciting is happening with trump in office, the trump administration is focusing on urban communities and initiative so we have two things happening that are very exciting, number one, african-american millennials, kanye west, motivated, can do so when, motivated to say what have democrats done for us? the millennial does not by this racism behind every rock narrative of the democrat party because they are divers, they have grown up in a society post civil rights era. secondly they are individualist. they like uniqueness, they see the tattoo they were, the idea of collectivism doesn't work for them as well. jillian: black unemployment is at record lows under the trump administration. rob: the convicted 9/11 accomplice is out of prison and living reportedly like a hero. a terrorist living in morocco is a free man after spending 15 years in jail for serving as treasurer for the hijackers. he was deported from germany. friends tell the daily mail people from all over morocco are coming to see this man. senator donnelly and republican challenger mike braun go head to head in their final debate clashing over health care. >> mike braun supports a lawsuit today, today, that would take away preexisting condition coverage. >> i took on the health insurance companies ten years ago. regardless what his democratic talking points are, i would never be for any replacement that doesn't cover preexisting conditions. rob: could be a flip for the republicans. the latest politics average poll shows the tight race. jillian: time winding down, midterms six days away and voter motivation is surging. despite candidates, what else is on the candidate getting people to the polls? here to break down the top initiatives nationwide is kristin tate, contributor for the hill and daughter of how the why tax thee? a lot to talk about. let's start in oregon and on the ballot is repealing oregon sanctuary state policies and breakdown what this means, measure 105 on the ballot. it has been a thing to worry state and 1987. law enforcement cooperation with federal immigration authorities. what do you think? >> 28 of oregon's counties voted in favor of trump in 2016 and the president's popularity has surged. it is under these circumstances that oregon voters will decide whether to repeal the state's sanctuary law which protect illegal immigrants from deportation. currently there is an estimated 146,000 undocumented immigrants at a cost of $1.2 billion to taxpayers each year. supporters of the repeal point to violent crimes committed by illegal immigrants. there was one case that went to national news coverage last year when an illegal immigrant who had been previously deported 13 times from the county prison where he went on several days later to brutally assault two women in portland and opponents of the repeal say it would deter immigrants from coming forward with information on crime. this is a contentious issue in the state of oregon and it will be a close call. jillian: we are talking about restoring voting rights for felons in florida. 1.15 million florida felons, it could be restored. this would not be apply to murderers or sex offenders but a lot of people have opinions on this one. >> this would need 60% of votes to pass. polling shows 70% of floridians support this. people assume the democrats would benefit from these 1.4 million new voters who would enter the florida voting pool before 2020 but there's no proof of that. it is yet to be seen which political party would benefit most. what is sure is the addition of 1.4 million votes in florida could sway elections in future races to come for generations. jillian: a lot of them. let's talk about legalizing marijuana. in michigan at north dakota, it would legalize recreational marijuana used for residents 21 years of age. when you talk about missouri, utah for medicinal purposes, what happens in these states? >> ballot initiatives in north dakota facing an uphill battle but the initiatives in michigan and utah are likely to pass. these initiatives are in line with public opinion on this issue, 60% of americans support legalization of marijuana a figure that increases every year. opponents argue the legalization of marijuana will lead to chaos and increased crime but that is not what we have seen in states that have done this. in colorado there has been no uptick in fatal traffic accidents. in washington state crime actually decreased after legalization. we are seeing other states including some that are traditionally conservative to move in that direction as well. jillian: michigan in north dakota facing an uphill battle. why do you think that is? >> it is political calculus that is specific to those states. in a state like north dakota, in a state where voters tend to be more conservative they may not be ready for something like this yet. it is very unusual that we expect to see a path in utah because there are a lot of right leaning voters in the states of folks are surprised about this initiative. jillian: thank you for your time, appreciate it. rob: 37 minutes after the hour. and ice cream protest serving up the side of politics with a brand-new flavor in time for the midterms. also he vowed to move to canada once before but barbra streisand finally going to make the big move? carly shimkus with online reaction why the singer could be heading north. ♪ can't go wrong ♪ who says you can't go back ♪ okay. [ buttons clicking ] [ camera shutter clicks ] so, now that you have a house, you can use homequote explorer. quiet. i'm blasting my quads. janice, look. i'm in a meeting. -janice, look. -[ chuckles ] -look, look. -i'm looking. it's easy. you just answer some simple questions online, and you get coverage options to choose from. you're ruining my workout. cycling is my passion. you're ruining my workout. ♪ ♪ parts of me i didn't even know. results revealed i find out i'm 19% native american specifically from the chihuahua people. what?! that's - i find that crazy. it traces their journey from the mid-1800s from central mexico to texas. learning about the risks they took for a better life it gives me so much respect and gratitude. it just shed so much light in my past that i never even would've known was there. connecting 20 million members to a deeper family story. order your kit at ancestry.com >> vowed to move to canada once before but is she making the big move. >> carly shimkus with why the singer might be heading north. >> the question is here today gone tomorrow, maybe, maybe not but singer barbra streisand does say she may move if the democrats don't regain control of the house next week. the singer telling the new york times i want to sleep tonight if we take the house, sleep a little better. but do i want to move to canada? i don't know. i'm so saddened by this thing happening to our country. she went on to say donald trump is making her fat because every time she hears something she doesn't like coming out of his mouth she eats pancakes. she has tweeted about the pancake trump thing before. everybody has their thing and pancakes are hers. a lot of folks on social media talking about this. why do hollywood elite liberals think it is a threat to the rest of us if they leave the country? another twitter user chiming and saying all the more reason for the gop to hold on to the house. scott quoted her saying this thing happening to our country adding you mean success. a whole bunch of celebrities said they are moving to canada or other countries because of donald trump. nobody has besides madonna. rob: the house in every country, canada in october is not when you move to canada, very cold. suzanne somers and roseanne barr. >> suzanne somers weighing in on abc, firing roseanne barr. she doesn't think it was a good business move saying the -- i think the network lost big. she had the eye of the storm with 50% of the country who is pro-trump and 50% who is not. it is true the premiere episode of the connors received a pretty good 10.5 million viewers nowhere near as much of the 18 million the roseanne reboot received in its first episode. more reaction to suzanne somers's comment. suzanne is right, this was abc's loss. another facebook user says i have no interest in watching the show now. this is interesting. abc fired suzanne somers 40 years ago for asking for equal pay. and weighing in on another controversial firing. jillian: 91 years old mister feeney has still got it. >> the actor best known for playing mister feeney in the sitcom boy meets world is making news again. apparently still teaching right from wrong. we have a little sound. >> feeney! >> that was a new one. >> you are not calling a duck. >> he is 91 years old and successfully stopped a burglar from breaking into his house. someone tried to force open the back door, he turned on the lights, police rushed in, and the guy you saw on screen, don't mess with mister feeney. >> time to check in with brian kilmeade. >> i don't know if it is me, there is a little tension. sarah sanders will tell us the white house perspective on the visit to honor those who lost their lives in the synagogue shooting, 6 days, rhonda mcdaniel not only about her uncle but chances of tennessee and utah in response to the house, and what about the birthright citizenship? he knows a lot about immigration and the caravan. we have trick-or-treaters, the children, may be that used in the country, addressing other things live at a costume parade. find that exclusive story on "fox and friends," please get dressed. there's no heavy bucket, or mop to wring out, because the absorb and lock technology traps dirt and liquid inside the pad. it's safe to use on all finished surfaces tile, laminate and hardwood. and it prevents streaks and hazing better than a micro fiber strip mop, giving you a thorough clean the first time. for a convenient clean, try swiffer wetjet with a money back guarantee. brand power. helping you buy better. i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome. jillian: welcome back. the so-called resistance seems to be everywhere, even your ice cream. ben and jerry's revealing peak on resist. the company donated $100 for progressive causes as part of the big reveal. it is a new way to lick injustice and champion those fighting to create a more just and equitable nation. taylor swift announcing she voted early in tennessee. the popstar writing these two tennessee women voted for the candidate who has proven himself to be reasonable and trustworthy. we went leadership not extremism. with referring to his republican opponent marsha blackburn who she bashed on instagram earlier this month calling her voting record appalling. rob: donald from met by protesters, the first family gave their condolences in pittsburgh yesterday many on the left blaming the president's rhetoric for inciting the horrific shooting saturday. them even calling him anti-semitic. the president's record with israel speaks for itself. you to debate this topic is democratic political analyst jason nichols and senior advisor for the trump 20/20 campaign, thanks for coming on this morning. the president responsible for saturday and yc anti-semitic? >> i would not say the president is anti-semitic. that is not a claim anyone can make. he has rhetoric to condone violence and hatred and he knows better than anyone, the jewish community knows injustice anywhere is a threat to justice anywhere and their freedom is connected to every person's freedom, that is why they are part of the civil rights movement. when you target muslims, foreigners and other people, they understand they are always next on the list. they are rejecting the president for those reasons. rob: your response. >> there are people out there in the media including the protesters you mentioned that are saying donald trump is somehow responsible for this insanity and calling him an anti-semite and his record shows the opposite but that doesn't fit with the rhetoric the left wants to perpetuate going into the midterm a few days away. this is definitely resistance over the record, the president having a daughter that converted to judaism, married a jew and several jewish children. another attack against the president the left likes to make without regard for the left's consistent connection to louis farrakhan. rob: the shooter in this thing did not like the president. let's show you the connection the president has to israel. the boldest move, moving the embassy to jerusalem, the closest relationship with benjamin netanyahu. jared and of uncle trump named the third most influential jews by the washington post was the western wall prank station named after donald trump. there are a number of things he can say the point him to be a supporter of israel and the man who committed this crime is an anti-semite. let's pull up the picture of the former president hanging out all smiles with louis farrakhan, a man who compared the jews to termites. he is awfully happy in that picture. there are a number of democrats with strong connections to louis farrakhan and yet no one blames any democrats for what happened. >> we know the president has been praised by david dukes, the worst anti-semites around, matthew heimbach. if you're going to make those connections, i can tell you those are white nationalists that led to people's death. that was farrakhan, tell me who louis farrakhan has killed or the nation of islam has been involved in direct violence with jewish communities or any other communities. what we can say is the president is praised and loved by the white nationalist community which is a remotely anti-semitic. we have to acknowledge that if you're going to bring louis farrakhan into the discussion. >> you will notice the actual question was not answered. the difference i will point out is donald trump isn't out posing in pictures with supremacists in any fashion but hillary clinton and bill clinton recently shared a stage with louis farrakhan. a huge difference here. we absolutely need to see the left be more consistent when it comes to the criticism with regards to racism and anti-semitism because right now it is all directed at trump without any regard to the fact. rob: you make strong points, appreciate your time. we will leave it there. jillian: 5 minutes until the top of the hour. a creepy halloween costume turning heads, it is going viral in the good, the bad, and the ugly, halloween addition. ♪ as 30 minutes it will be crispy on the outside, juicy on the inside, and on your table. the ninja foodi, the pressure cooker that crisps. . . jillian: everyone's favorite time the good, the bad, and the ugly, halloween edition. first the good. tiny patients getting into the halloween spirit. adorable newborn babies nicu los angeles hospital modeling first halloween hospitals. volunteers. rob: cute kids. taken into custody for wearing new ammunition on terminator halloween costume. police say though it's not illegal to carry ammo on campus. it is in poor taste. he is not facing any charges. jillian: the ugly. 2-year-old losing head over halloween. appearing to hold her own seferred head. it is build above her soldiers making her appear harmless. that's a scary costume. i would say. eye makeup. another angle showing her and her sister. that's really scary. if you can find that video online spooky. very dark. i like that on halloween. jillian: thanks for watching, have a good day. "fox & friends" starts right now. will be rob happy halloween. >> only country in a world where a person comes in and has a baby and a citizen of the united states that has to end. >> rule of law and i salute the president for doing it. >> watch harry reid explain his views on birthright citizenship. >> how about offering an award for being illegal immigrant. no sane country would do that. >> second caravan has made its way through guatemala now into mexico. >> president trump has frankly changed the rules of the game and that should change the equation in their head whether they should continue. >> powerful scene and the president and first lady visiting the memorials to those lost so senselessly on saturday. >> the democrats

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Transcripts For FOXNEWSW Fox And Friends First 20181031

shannon: if you can't protest, ben and jerry's serving up outside of politics with a new flavor just in time for the midterms. does this look familiar 20 moms? homeric selling costume going viral. ♪ thriller ♪ thriller of the night ♪ ♪ jillian: a fitting song to wake up on halloween morning. you are watching "fox and friends first" wednesday morning on a spectacular shot of new york city. thanks for starting your day with us. let's begin with donald trump who is gearing up for a new immigration showdown vowing to end birthright citizenship for babies born in the us. lawmakers on both sides criticizing the plan many calling it unconstitutional. doug mikell way live in dc as we learn a third migrants caravan could be on the way. >> reporter: we are headed for another major showdown over immigration after the president expressed his intention to end birthright citizenship by executive order. the constitutional guarantee that a child born in the united states to foreign parents has a becomes a citizen of the united states, the president suggesting it lowers many illegals here for the purpose of anchor babies. >> you can do it with an act of congress but they are saying i can do it with an executive order. how ridiculous, we are the only country in the world where a person comes in, has a baby and the baby is essentially a citizen of the united states with all those benefits. it is ridiculous, it is ridiculous and it has to end. >> reporter: the president is meeting stiff resistance not just from democrats but many within his own party. >> you cannot end birthright citizenship with an executive order. as a conservative i believe in following the plain text of the constitution and the 14th amendment is pretty clear. that would involve a very lengthy constitutional process. >> the president will not be able to take away the birthright by executive order or legislation. that birthright is there. it is the 14th amendment of the constitution. you need a lot of votes to amend the constitution and they won't be there. >> reporter: senator lindsey graham is among the president -- in addition i plan to introduce legislation along the same lines as the proposed executive order. this fight is brewing as the us military announces it is beefing up show of force on the southwestern border vowing to deploy 5200 soldiers by the end of this week and to stop 3 caravans of central americans heading to the united states. shannon: a lot of debate as to the wording of the 14th amendment and we will hear a lot throughout the day. brand-new passenger plane that plunged into the sea minutes after takeoff may have just been found. indonesian military officials detecting pings from the crashed boeing jet's black box in tobin the flight data recorder will help them figure out what went wrong. some human remains we are told have been found but all 189 passengers are presumed to be dead. chinese intelligence officers are charged with hacking us businesses to steal secret information. the doj accusing eight people connected to the chinese government of trying to swipe airline engine data from american aviation companies. none of the suspects are in us custody and we do not have a next tradition treaty with china. all of this as the trump administration increases spending on cyber warfare amid heightened threats from russia, china and north korea. the fiancé of jamal khashoggi demanding to know where his body is, also revealing the columnist feared entering the saudi consulate in istanbul where he was ultimately murdered. >> translator: yes, he was worried he could be captured and sent back to saudi arabia. it wasn't until the saudi's confessed they killed him that i acknowledged the horrible tragedy of what had happened. >> reporter: he had gone to the consulate to get paperwork for his upcoming wedding. heather: more funerals for the pittsburgh synagogue shooting, presidents paying respects with first lady milania as the city begins to heal. todd pyro joins us with attaching images. >> reporter: a powerful scene to a national tragedy. the president and first lady visiting memorial for those lost so senselessly saturday. among his stops donald trump met with the widow of one of the 11 people killed spending an hour with her after visiting the synagogue and meeting first responders at the hospital but the visit wasn't without controversy. hundreds protesting the president's visit holding signs and singing in hebrew. ♪ >> reporter: donald from focusing on the family's about the protests. in a statement through sarah sanders saying, quote, it was a great honor to be in pittsburgh with the first lady, to be with such incredible people who have shown such bravery. outgoing us ambassador to the united nations nikki haley slamming those blaming donald trump's rhetoric for the shooting pointing out president obama was not blamed after a shooter opened fire at an african-american church in charleston, south carolina. nikki haley writes i have struggled with what happened in pittsburgh because it is similar to what happened in charleston. the company that is the country was racially divided, we didn't once blame president obama, we focus on the lives lost in the family's. have some respect for these families and stop the blame. many pittsburgh officials said they didn't want the president to visit, others such as the rabbi of tree of life synagogue said donald trump is always welcome. >> that rabbi reporting he received deluge of hate mail coming forward with that and that doesn't help, that is no solution. >> reporter: hate mail following 11 members of the congregation. now to a foxbusiness alert, without searching for hundred points logging its best day in two weeks, 24,874 points with the s&p closing at 2682. this comes after a while day on wall street, with trade tensions with china. republican ron desantis demanding andrew gillam cut ties with an anti-police group. the candidates i won't in the race for florida governor and desantis focusing on links to the dream defenders and a pledge not to accept donations from the nra and private prisons. the state group works to shift resources away from prisons and police. desantis told breitbart news, quote, he will not disavow them because this is who he is. when he says he's part of the movement they are not lying. the republican also criticized gillam's support for the group in a debate last week. boston red sox fans are in for a treat this how to wean. the world series winners holding a championship parade in beantown today, kicking off at 11 am eastern. hundreds of thousands expected to line the streets. no definitive word whether the team will visit the white house but there's word they will. the time is 9 minutes after the top of the hour and a shocking threat. a new threat from isis. the new plot targeting pope francis. >> what trump said that he would do for the american people turned out to be a live. >> this is a moment to fight. >> democrat 2020 hopefuls hitting the campaign trail really but shouldn't the focus be on the midterms just 6 days away? kaylee mcinerney is here to react to their midterm messaging. nner! that's a win. but it's not the only reason i switched. hi! geico has licensed agents who i can reach 24/7. great savings and round the clock service? now that's a win-win. winner. winner. yay me! oh, hi! good luck. switch to geico®. it's a win-win. get stronger... get closer. start listening today to the world's largest selection of audiobooks on audible. and now, get more. for just $14.95 a month, you'll get a credit a month good for any audiobook, plus two audible originals exclusive titles you can't find anywhere else. if you don't like a book, you can exchange it any time, no questions asked. automatically roll your credits over to the next month if you don't use them. with the free audible app, you can listen anytime, and anywhere. plus for the first time ever, you'll get access to exclusive fitness programs a $95 value free with membership. start a 30-day trial today and your first audiobook is free. cancel anytime and your books are yours to keep forever. audible. the most inspiring minds. the most compelling stories. text "listen16" to 500500 to start your free trial today. >> i am sick and tired of this administration. >> what trump said that he would do for the american people turned out to be a lie. >> this is the moment to fight for the best of who we are. >> we stand strong, we stand together, we stand convicted. let us fight forward. heather: 2020 residential candidates, are they focused on the midterms or laying the groundwork for a presidential run. working 24 hours a day. so we have 2020 hopefulss on the campaign trail. what benefit is that? >> the only benefits for themselves. think for the past year there have been auditions for 2020 all throughout the year, spartacus, the infinite moment, the dna test, everyone shaking their head. how to this help our candidates? it is more about themselves and the 2020 run gauging how they should jump into it or if they should jump into it. heather: is an audition, the auditions began. >> not only are they the campaign trail that states like south carolina, and primary states, the first caucus in iowa. you have folks like michael avenatti putting the team together. we will get the first announcement running for president shortly after the midterms because there is an advantage if you are a relative unknown. you might start hearing announcements. heather: not necessarily an advantage they are campaigning for the midterms, do they do them at a disadvantage? >> they do when you have the dna test, good narrative of the democratic party to say i'm not native american but i am native american. that is not a good narrative, no democrat wanted to be asked about that on the campaign trail, it wasn't about as a foreign. heather: some democratic leaders considering a 2020 run saying the president's announcement doing away with birthright citizenship is basically to rev up his base. do you believe that is the case? >> it is not just to rev up his base, the president cares about immigration, he wants to show he is a law and order president especially as you have thousands of people barreling toward the border and sending the national guard and military personnel and birthright citizenship. >> let's listen to harry reid in 1993 who seemed to agree with the president about this. >> if making it easy to be an illegal alien is enough how about offering a reward for being an illegal immigrant? no sane country would do that? guess again. >> that was then but this is now. he reversed his opinion on that and apologized for it but at one point he agreed with what the president is saying. >> sounds quite familiar. we have heard similar statements from chuck schumer, hillary clinton who used to have a hard-line position on immigration and under pressure from the far left they caved and came around and said let's go with open borders, really hypocritical. >> then you have even republicans like paul ryan coming out yesterday and throwing water on what the president had to say talking about the 14th amendment, the question will develop through the day and we can bring that for people call all people born or naturalized in the united states are subject to the jurisdiction thereof, citizens of the united states and the state wherein today. you study constitutional law so you can tell us what is the discrepancy and what is up for debate. >> folks who say this guarantees birthright citizenship meaning if you happen to be in the united states and have a child your child is a citizen, folks who say that ignore the fact that it doesn't say just if you are born here but subject to the jurisdiction thereof meaning say you have a right to get a drivers license, your subject to the laws of the united states, a permanent resident of the united states. that is why you see so much conflict between paul ryan, it is a live legal question. >> we will see what happens and it will be debated through the day. thank you so much. the time is 18 minutes after the top of the hour. under fire the cdc facing backlash as a dozen cases of that polio like illness are confirmed. doctor nicole safire says there are a lot of questions that may not get answers and she is he alive to explain that. >> it made me feel like superman. i love this guy right here. let me take this hat off. heather: is kanye west getting out of politics for good? place, the xfinity xfi gateway. and it's strengthened by xfi pods, which plug in to extend the wifi even farther, past anything that stands in its way. ...well almost anything. leave no room behind with xfi pods. simple. easy. awesome. click or visit a retail store today. >> convicted 9/11 accomplice out of prison being treated like a hero. the terrorist in morocco is a free man after spending 15 years in jail for serving as a treasurer for the al qaeda hijackers. he was released early and deported from germany. friend still the daily mail people from all over morocco are coming to see him. a victim in an attempted subway bombing in new york city breaks down in court nearly a year after the failed attack, he suffers from hearing problems, has trouble riding the subway to work testifying i called my wife train after train goes by, i don't get on and when i get on i get off before my stop just to get above ground some time. he pleaded not guilty. the story continues to be so troubling. ten new cases of a polio like disease leaving children paralyzed, now confirmed, total of 72 cases nationwide. the cdc accused of dragging its feet as families beg for answers. what can be done? joining us to discuss is doctor nicole safire. this is so disturbing, 10 new cases. >> reporter: that brings us to 72 for the year, 400 in the last several years. there has been an uptick. the problem is questions are not being answered and people are asking to criticize the cdc and their response to this. having a polio like illness, they have a viral or bacterial illness and becoming paralyzed, some dying from it, some recovering and some having what appears to be permanent paralysis in the cdc is not made it so people report these cases. if you don't report these cases how do we find out the cause? it is not up to the cdc to mandate reporting but there is a counselor recommended people don't have to report this but the cdc could be giving more information to hospitals, physicians, to recognize not only the symptoms but the best treatment options. heather: we don't know if cases that are increasing more in certain areas because we don't know if we are getting direct reports. >> right now it seems like it has to do with the normal g.i. bug that a lot of kids get. i have three kids and they all get it but a lot of the kids maybe had a recent virus but kids are not being tested and we don't know all the cases, it is hard to find it but we do know it seems you are not able to transmit from person-to-person. of one child has it, it is not necessarily transferable. heather: something else, allergies, peanut allergies, they can't give that allergy to another child but this life-threatening reaction the children, tripled in the past couple years. >> used to be one in a couple hundred and now it is one in 75 has life-threatening allergies but a lot of people are familiar with peanut allergies and it may have to do with our cleanliness lifestyle. everyone is constantly hand sanitizing, washing their hands, going to urgent care, only you -- overutilization of antibiotics and muskets playing outside so keeping ourselves too clean, our immune systems are attacking what is normal. national institutes of health recommended we actually introduce enough and other substances earlier on at 4 to 6 months under care of a physician. heather: halloween, kids will be trick-or-treating, you need to be aware of what you see in your child's candy. >> when it comes to being healthy and safe on halloween if there's a huge amount, make sure, reflecting costumes, take a look at where your children's candy, we saw candy test positive to methamphetamines. any open candy throw away. heather: keep your kids safe. of the lights are turned off don't let your kids go to the house, please keep an eye on your kids tonight. thank you so much. happy halloween. the time is half past the top of the hour. 6 days until voters head to the polls and both parties bringing out big names to win over the voters. >> i am sick and tired of this administration. heather: all out bullets from democrats and republicans and ben and jerry's has a new flavor taking aim at donald trump. carly shimkus and jackie ibanez live with those stories and more, full house. ♪ i'm all shook up ♪ what the heck is that?! whoa! what truck brand comes from the family of the most dependable, longest-lasting full-size pickups on the road? i think it's the chevy. ford. is it ford? nope, it's not ford. i think it's ram. is it ram? not ram. that's a chevy! it's chevy! that's right. from the family of the most dependable, longest-lasting full-size pickups on the road. gorgeous. chevy hit it out of the ballpark with these. with who we are as people and making everybody feel welcome. ordering custom ink t-shirts has been a really smart decision for our business. i love the custom ink design lab because it's really easy to use. they have customer service that you can reach anytime. t-shirts help us immediately get a sense of who we are as a group. from the moment clients walk in, they're able to feel like part of the family. - [spokesman] custom ink has hundreds of products for your business and free shipping. upload your logo or start your design today at customink.com. and i'm the founder of ugmonk. before shipstation it was crazy. it's great when you see a hundred orders come in, a hundred orders come in, but then you realize i've got a hundred orders i have to ship out. shipstation streamlined that wh the order data, the weights of , everything is seamlessly put into shipstation, so when we print the shipping ll everything's pretty much done. it's so much easier so now, we're ready, bring on t. shipstation. the number one ch of online sellers. go to shipstation.com/tv and get two months free. heather: half past the top of the hour, you are watching "fox and friends first," political leaders coming up support for their party's candidates with 6 days until the midterm elections. jackie ibanez joins us live for the final push for republicans and how democrats are responding. >> reporter: democrats and republicans pulling out all the stops ahead of next week's midterms, donald trump kicking campaigning into high gear, urging voters to support republican ron desantis who is locked in a tight race for governor with andrew gillam, the mayor of tallahassee getting a boost since bernie sanders and former president barack obama will rally for him friday. democrat and former vice president joe biden on the campaign trail jumping in wisconsin and criticizing donald trump. >> i am sick and tired of this administration, sick and tired of being sick and tired, hope you are too. >> reporter: also in wisconsin donald trump's son eric campaigning. in utah familiar face walking door-to-door, former presidential nominee mitt romney running for senate and emphasized his priority to peter doocy. >> as a senator my first responsibility is to care for people who voted for me in utah. that is job one but the concerns of the people here are for people across the country. >> reporter: 6 days to go, donald trump will make ten more campaign stops keeping very busy. he will have hosted 53 rallies in 23 states since taking office and early voter turnout is surging in several key states, positive sign that more americans may cast their ballots in the midterms. heather: the stamina of folks on the campaign trail is unbelievable. thank you so much. voter enthusiasm surging on both sides since brett cavanagh's confirmation, lindsey graham says republicans have no shortage of reasons to vote. >> you are legally dead, brett cavanagh is an assault on everything we hold near and dear. this has been a nightmare for red state trump democrats between brett kavanaugh debacle, despicable character assassination and the caravan trying to overrun our borders has been a nightmare for red state democrats, whether you are. republican a trump republican, vegetarian republican you're upset what they are doing to brett cavanagh, trying to destroy this man's life to hold open the seat so they could fill it. they do not recognize donald trump won the election. it is resonating all over this country, it has united republicans and put democrats on the defense. heather: republicans have to flip several seats, they hold a slim 51 seat majority. fox news alert. isis issuing the latest assassination threat against pope francis, the terror group releasing this photo showing the jihadist wearing and isis wristband while pointing a gun at the contest with the words, quote, don't think you are away from our tax. the photo was taken from pope francis's visit in 2016 to auschwitz. he had it coming. james whitey bolger's victims. he was killed in prison. that is the wrong graphic. we can tell you one of the victims, michael donahue, his family speaking out long after bolger shot him to death. he was responsible for at least 11 murders. he has been transferred to a new high security prison in west virginia where he was reportedly attacked by inmates with ties to the mafia. fedex cutting ties with the nra, the shipping giant will stop providing discounts to members of the gun rights of group. this after 11 people were shot and killed at a pittsburgh synagogue. fedex to the decision is unrelated to that tragedy. in addition to the nra, changing discounts to 100 other companies. fox news executive chairman rupert murdoch receiving the first ever legends award at the american australian association dinner. murdoch's father founded the organization 70 years ago after the end of world war ii. roger goodell at the event in new york. >> no challenge is too daunting for rupert. he built empires. he finds new frontiers. >> if i could end with a thought from my father. i believe in the good purpose of life and the beauty of the universe. and the high destiny of man. i believe in the power and spirit and triumph. >> harris fokker celebrating the 70th anniversary of advancing relations between australia and the us. kanye west having a change of heart, getting out of politics for good. carly shimkus with fox news headlines here with the announcement that is sending shockwaves over the internet. >> he has a tendency to do that. three weeks after visiting the white house kanye west says he is done with politics. the rapper making news on twitter once again writing my eyes are now wide open, to realize i have been used to spread messages i don't believe in. i'm distancing myself from politics and focusing on being creative. and another tweet he mentioned the exit movement by candace owens which encourages black people to leave the democratic party. he writes i introduced candace to the person who made the logo and they didn't want their name on it. i never wanted any association with it. i have nothing to do with it. a brief history. kanye west shock to people in 2016 when he visited trump tower to speak with donald trump. he declared both of them have dragon energy, posting pictures of him with a make america great again hat. all of that may be over. social media is reacting. steve on twitter says get the hint from liberal friends, too much room to stand was another twitter user rights west got publicity out of it. in return, he has not complained. deborah on twitter says more likely being bullied and backing away. he is leaving politics, give his political opinion saying he supports prison reform, common sense gun law and compassion for people seeking asylum. heather: we will hear some more. the only thing consistent about him is he is completely inconsistent. >> ben and jerry's consistent in terms of getting involved in politics. they released this anti-trump p con resist flavor. >> that is the name of the ice cream they introduced on twitter saying we launched econ resist, creating a more just and equitable nation for us all and to our fighting donald trump's regressive agenda. at an event unveiling that flavor, here is what she had to say. >> in this country violence is violence. i don't just want you to vote but make a plan to vote and take somebody with you to the polls. >> we got to talk about what is inside the container. it has chocolate ice cream, white and dark p cons, walnuts, fudge covered almonds. one tweet says no problems i will resist purchasing any products from ben and jerry's. it may sound delicious but some people not biting. heather: upset about linda's connection to sharia law. finally a teenager praised for the perfect tired mom costume. >> happy halloween. to celebrate for a moment, 13-year-old girl going viral for this hilarious tired mom costume so many can relate to. she has a messy bun, cheerios in her hair, baby doll strapped to her leg. she had a bunch of fun. she is one of 9 kids so she knows about helping out with little ones and being a tired mom herself. heather: things you have around the house. we have some halloween costumes right now. >> may be. heather: i think, trying to be a scarecrow. my sister has on rollerskates. >> both adorable. >> i am a which. i like that one. >> that is great. >> that is me as a princess probably 4 years old and i have always loved candy and eating everything bad for you. this one my modeling debut. that billboard, this isn't the one but in giants stadium. >> that is better than mine. >> party city add, my first, one of my only modeling jobs, party city. >> what is your favorite howling candy? >> reese's. heather: my favorite is candy corn. you can't go wrong. happy halloween. the time is 20 minutes until the top of the hour, she was harassed by protesters and not allowed to show the video proof on the internet. facebook censoring marsha blackburn. the republican candidate got the last laugh. heather: google accused of trying to censor marsha blackburn's campaign ads, the campaign video showing protesters interrupting her moment of silence for pittsburgh synagogue victims. >> a moment of silence. >> marsha blackburn is a white supremacist! [shouting] heather: during a moment of silence for victims of the synagogue shooting. the tennessee senate candidate's videos of, quote, shocking content. a new poll showing the republican is pulling ahead by 5% in the tennessee senate race against democrat phil vbredesen. bernie sanders cannot commit to finishing his senator every elected. he has not ruled out a 2020 presidential wanting the simple truth is i have not made that decision but i'm not going to sit here and tell you i may not run. i may. if i run and when the likelihood is i will not be vermont's senator. she said she will not run for president but millennials want oprah in the oval office. the former talkshow host taking the top spot in a new survey that asked americans which celebrities they want to be president and tom hanks came in second with dwayne the rock johnson trailing closely behind. oprah may not be running but barbra streisand could be moving. the actress once again considers relocating to canada if democrats don't win control of the house in the midterms, telling the new york times, quote, i have been thinking about do i want to move to canada? i don't know. i am so saddened by this thing happening to our country. the actress is an open creek of donald trump so this is no surprise, previously she threatened to move north if he won the 2016 election but she didn't. 10 minutes until the top of the hour and voter turnout could be historic this coming tuesday. a record number of young americans expected at the polls. will it help democrats and their open border rally cry? not so fast, joins us live up next. place, the xfinity xfi gateway. and it's strengthened by xfi pods, which plug in to extend the wifi even farther, past anything that stands in its way. ...well almost anything. leave no room behind with xfi pods. simple. easy. awesome. click or visit a retail store today. heather: you are watching "fox and friends first". youth verna -- voter turnout has historically been lowing midterms put into a new paul it may turn out in record numbers next week. not only that but most say they will be voting for democrats. our next guest spoke with students to see how they feel about the hottest issues of the midterms. >> we should let them in. >> diverse we create strength. >> i feel like it is not that big a problem. heather: joining us is media director cabot phillips. we love having you with us. 40% of young adults 18-29 say they will vote november 6th but traditionally they may say they are going to but not necessarily turn out in large numbers. >> when it comes to voter turnout especially on the left will come down to what are you telling you your party's for. so far the midterm cycle democrats have not had a unified message this is what we are for, here is what a vote for the democrat party is. just a vote for resistance. it is the party of anti-trump, anti-republican and at a certain point you have to say here's what supporting is actually means as opposed we are against everything. they have not done a good job presenting that. heather: when you look at these poll numbers in terms of interest in the midterms 54% are more likely to vote democrat, only 43% republican. >> there is pressure for young people to say they support democrats more than anyone else. they feel campus reform, student pressure people feel and young people as a whole see what happens, people who are vocal in support of republican and conservative causes, violence, threats they face on a daily basis, many go along with leftist ideology because it is easier on a daily basis. a lot of young people feel pressure to go along with the narrative even if they don't know what it is about. heather: young people pressured to say they support democrats even though privately they may support republicans. the same type of issue in the black community we keep hearing about. >> and look at who is involved and who is not. i find young conservative students across the spectrum because they have to be informed, having to defend themselves and being attacked and having to debate their ideas. left-wing students have their ideas in the mainstream media, they don't have to be challenged that much. another important part is how so many young democrats feel disenfranchised from their party. in the 2016 primary they feel it was rigged against hillary clinton which was by the dnc against bernie sanders and a lot are still angry, still present the democrat party and don't identify with them. heather: bernie sanders is leading in the polling as a potential for 2020. would that motivate? >> hard to know. a lot of young people -- this video at campus reform about the caravan. heather: i once to ask about that. when you are talking with the students, what do you find to be the number one issue driving them to the polls this particular midterm? >> right now the most common thing is donald trump. that is enough to get them to vote. brought up immigration. on the left, this environment where you are either pro legal immigration or the no phobic. no middle ground where you can have a reasonable discussion about i'm pro-immigration and i support border security and rule of law and push the conversation so far to the extreme there is not room for people to have disagreements. that is a problem where it is so extreme a lot of reasonable people say surely i can support they don't have to be mutually -- the enough oh or support legal immigration. heather: that is a growing issue and a dangerous issue. lack of middle ground with a host of issues, not just immigration. appreciate it, have you back, busy time. the time now is 5 minutes until the top of the hour and it is halloween. wait until you see the scary prank a college student just pooled off, spooky addition of the good, the bad and the ugly next. ♪ what the heck is that?! whoa! what truck brand comes from the family of the most dependable, longest-lasting full-size pickups on the road? i think it's the chevy. ford. is it ford? nope, it's not ford. i think it's ram. is it ram? not ram. that's a chevy! it's chevy! that's right. from the family of the most dependable, longest-lasting full-size pickups on the road. gorgeous. chevy hit it out of the ballpark with these. and our shirts from custom ink help bring us together. we order custom ink to welcome new employees, personalize team shirts, and even for company events. the design lab is so easy to use. we just upload out logo and if we have any questions, customer service is there to help. seeing our team together in custom ink gear is an amazing reminder of how far we've come as a business. - [narrator] custom ink has hundreds of products to help you look and feel like a team. upload your logo or start your design today at customink.com heather: time for the good, the bad and the ugly. and adorable puppy asking for help picking out a halloween costume that will get you the most treats today, reagan testing out a lion, pumpkin, pirate, mickey mouse and firefighter costume. that video going viral. now the bad. trick or treat, be on the lookout for a halloween county heist. >> all the candy all gone. >> 86% of parents say they are guilty of stealing candy his mom and dad eat a quarter of their kids halloween hall. the ugly. from treats to tricks. a college student brings alawite horror to campus. [laughter] heather: the student terrorizing classmates with this bodysuit in nebraska. that wraps up this hour of "fox and friends first". thank you for joining us, have a great halloween. "fox and friends first" continues right now. goodbye. rob: wednesday, october 31st. birthright blocked? donald trump vowing to change citizenship rules with the stroke of a pen. jillian: constitutional firestorm ignited on both sides. countdown to the midterms. democrat heavy hitters taking their best swing. >> i am sick and tired of this administration.

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the midterms. >> this year the republicans have to stay fired up right through tuesday. >> all i'm saying is we will win. we will win. ♪ who says you can't go home ♪ only one place to call home ♪ boy born a rolling stone. steve: october 31st. you know what that is. it's halloween. six days before the midterm elections and everybody seems to be talking about it. ainsley: very important. next six days. got to go out and vote next tuesday. brian: i can count on one hand the people who aren't voting. steve: who are they? brian brian do you want me to mention their names. roll the five people that don't vote because you will have no excuse. i'm encouraged. best news about all of this. the best thing democrats and republicans can agree to this is supposed to be the best midterm turnout since 1914 if early voting is any indication. ainsley: so close. people on both sides realize how important it is to go out there and vote for your voices to be heard. steve: people are energized. if you don't vote, you can't complain. ainsley: the president is going to be in florida for a rally today. yesterday he and the first lady went to pittsburgh to remember those victims, those 11 individuals. it was the bloodiest anti-semitic attack in u.s. history and they went to pay their respects. steve: outside the tree of life synagogue where 11 people were murdered. one by one the president and first lady made their way down that line of 11 wooden stars of david. the president placed a stone. the first lady placed a white rose. ainsley: jewish tradition. steve: the president at one point did meet the widow of one of the 11 people killed richard god freed. sarah huckabee sanders said on air force one the woman wanted to meet the president to let him know that the people wanted him there. brian: there were protests that said he came too soon. brine brian the rabbi sadly got some blow back and hate emails because he did welcome the president, which is mind boggling. steve: there are the victims right there. the president spent an hour and 20 minutes inside the hospital. he spoke with one of the officers who was recovering. he also visited with the victim in a patient's room. the hospital chief medical officer said, quote: the president kept a solemn tone and was gracious. the beauty of it was there was nothing political, nothing profound. he was interested in hearing the patient's stories and meeting the doctors and the caregivers. brian: meanwhile the president of the united states is going to be extremely busy. you know his schedule. you know how much he wants to have the party hold the house and the senate. the senate seems more likely. the house very much up in the air. the president made it be clear that he thinks that one of the things that he would like to do and focus on is immigration reform. not only focusing on the caravan and the thousands that are coming here that we put a reporter with. also kind of surprising when he sat down with axios and a show that's going to air on sunday. he talked about birthright citizenship. why is it that if you are born here. if you are a child of illegal immigrants and that child born here, i don't think it's right that they automatically get citizenship. i think it's time to have this constitutional debate. ainsley: he said i'm fine with people doing it the right way. but it's not fair to people who havoc o have been on the lit and doing it the right way. these babies born here and live here 85 years and enjoin the benefits while the parents were doing till legally. listen to part of that interview. >> we're the only country in the world where a person comes in, has a baby and the baby is essentially a citizen of the united states for 85 years with all of those benefits. it's ridiculous. it's ridiculous. and it has to end. steve: well, after he said that, and we reported that in the 6:00 hour yesterday, a number of legal scholars have dismissed the idea say it is unconstitutional. if the president were to try to enact it with some sort of executive order, undoubtedly it would be immediately challenged and then would certainly go all the way up to the top of the supreme court. michael anton, who worked with the administration for a while says it all comes down to a few words and how those words are interpreted. watch this. >> they base that belief on a misreading of the very first sentence of the 14th amendment which says all persons born or naturalized in the united states are citizens. you read the debates over the amendment. they said it means that you don't uh-oh allegiance to any foreign power, you are subject to the complete jurisdiction of the united states. which means you are not a citizen of another country it clearly doesn't apply to people who aren't citizens or who were born to people who aren't citizens who are subject to the jurisdiction of another country. the constitution is clear on that point. there is no statute that says otherwise. brian: jonathan turley said something very similar. this is a debate we need to have at the highest levels. is he a constitutional attorney. he does this every single day. he is looking forward to the debate. he believes the founding fathers in some way said let the next generation figure this out what's best. ainsley: 14th amendment says if you are born in the united states and subject to the jurisdiction thereof, subject to the jurisdiction thereof, that's what is interpreted differently depending on how talk to. steve: what does that mean? ainsley: anton goes in to explain what they are saying in those few words you are the child of citizens or the child of legal immigrants then you are entitled to citizenship. he says the president can do this. that the 14th amendment says your parents have to be citizens. steve: do you know who says you can't do that? paul ryan, speaker of the houses that's not going to work. obviously, if you wanted it work, you would have to change the law. >> steve: lindsey graham came out yesterday and said i'm behind a plan changing the law. ainsley: he said that a long time ago, too. brian: and he will introduce legislation. ending birthright citizenship and put it throughout and let people weigh in. maybe this won't cut on party lines. steve: let's see. tom homan who used to be the acting lies director thinks the president's plan would be great. >> entices people to come to this country. encourages people to come to this country. i have been doing this job a long time. they have hide out long enough the democrats talk about abolishing ice and talk about sanctuary cities and all these issues that entice people that come to this country. we have got to stand by the rule of law. that's what the president is doing and i salute him for doing it. brian: look at the numbers and who this effects, we went back to 2014. they there were 2075 babies born to unauthorized immigrants, people here illegally for whatever reason. 7% of the 4 million. how many years are we going to do this before we have to make a ruling on this on birthright citizenship because it dates back hundreds of years. but, as usual, when the president proposes something that's different and might be unorthodox, i think is worthy of a debate, people marginalize him right away. listen. >> what used to be five years ago, 10 years ago, dog whistles to appeal to the fear of white voters now are just stated openly. this is the hard line, immigration message. the fear of immigrants changing the way of life of americans. >> really hearkens back to some of the darkest chapters in america's history when in 1857 the dred scott decision. >> we are questions about national identity. it's not that far to get from that to issues of racism. steve: certainly it's a debate about immigration in this country. however, back in 1993, then senator harry reid of the great state of nevada introduced the -- to the senate judiciary committee the immigration stabilization act. and do you know what? it sounds a lot like what the president has suggested. here is harry back in '93. >> if making it easy to be an illegal alien isn't enough, how about offering a reward for being an illegal immigrant? no sane country would do that, right? guess again. if you break our laws by entering this country without permission to give birth to a child, we reward that child with u.s. citizenship and guarantee a full access to all public and social services this society provides. and that's a lot of services. is it any wonder that two thirds of the babies born at taxpayer expense country county run hospital in los angeles are born to illegal alien mothers. brian: i don't know, can you hear the dog whistle? i don't hear the dog whistle. do you? steve: that was in 1993. six years later when he was out doing a interview with las vegas, nevada he apologized and said he changed his mind. ainsley: his legislation ended up dying in subcommittee. here we are discussin discussin. lindsey graham called to verify the 14th amendment. president saying use executive order. some saying no it takes an act of congress. we will continue to talk about this. brian: it's worthy of debate. you don't have to call someone a racist or horrible person or ignorant. it's worthy of debate. that's what it shows in 1993, harry reid feels one way. he is not a horrible person. 199 he feels a dinner way he is not a horrible person. president trump brings this up like he did on the stump. he's not a horrible personal. way to debate on immigration reform. ainsley: tough issue for. we all are compassionate. have to do the right way. see how america thinks next tuesday do you support the president? steve: the president has made it about immigration. not that many months ago the president was apparently talking to chuck schumer and chuck schumer said listen, i will give you the money for the wall but have you got to let the dreamers stay. apghtsd the president made a political calculation, i think i can get more. ainsley: healthcare was the top of the list for everyone a few weeks ago. then the caravan started coming up. yesterday we were out on fox square. most of the people we talked, to i think maybe 100 percent said immigration was the number one issue. steve: to democrats it's healthcare and that's why they made it a corner stone. brian: so strange that democrats don't talk about immigration at all. they are not even engaging in it. ainsley: they were told not to. steve: it's 6:11 on this halloween morning and jillian joins us with the news. jillian: good morning. we start with a fox news alert now. the brand new passenger plane that plunged into the sea minutes after takeoff may have just been found. indonesian military officials detecting pings from the crashed boeing black box. they are hoping the recorder will help them figure out what went wrong. all 189 passengers are presumed dead. the family of james whitey bulger's family reacting after the notorious mobster is killed in prison. >> i was overwhelmed with joy. i was very pleased to hear that he was dead. of course i hope he suffered. my family has been suffering for over 36 years. >> i just wanted to get a bottle of champagne and pop that cork. you die the way you live. he was killing people. he was killed. >> michael donahue's family speaking out after bulger shot him to death. the 89-year-old was responsible for at least 11 murders. he had just been transferred to a new high security prison in west virginia where he was reportedly attacked by inmates with ties to the mafia. indiana democratic senator joe donnelly and republican challenger mike braun go head to head in final debate. candidates clashing over healthcare. >> mike braun supports a lawsuit today, today that would take away pre-existing conditions coverage. >> i took on the health insurance companies 10 years ago and regardless of what his democratic talking points are, i would never be for any replacement that doesn't cover pre-existing conditions. jillian: latest real clear politics average polls show the tight race as a toss-up. and check this out; installing a vending machine. get this, it swaps out bad halloween candy stuff you don't want for peanut butter cups. the company creating a converter found 90% of americans traded unwanted halloween candy. the vending machine is only available tonight for trick-or-treaters in new york. but i feel like that's something that should be everywhere all the time. steve: when you get a reese's or snicker's for me those are the best. jillian: mickey way, kit kat. steve: not a mill can i way mil. ainsley: resistance everywhere. even in your ice cream. brian: finally. benjamin franklin captured lightning in a bottle. over 260 years later as the nation's leader in energy storage we're ensuring americans have the energy they need, whenever they need it nextera energy. there lots of people who are confused about which medicare plan is right for them. hey, that's me. i barely know where to start. well, start here with me, karen. i'm a licensed humana sales agent. well, it's nice to meet you, karen. i'm john smith. hi, john. at humana, we know you're unique. so you have different needs from other john smiths. yah, i've always thought so. and together, we can find a plan that's right for you. great! i go to the doctor a couple of times a year. and i have some prescriptions. but i'm never fully sure of what's covered and what's not. with humana's all-in-one medicare advantage plans, you get coverage for hospital stays, doctor visits, and part d prescription drug benefits. all for an affordable, and sometimes, no monthly plan premium. do you have any more information? sure. i'll get a decision guide in the mail to you today. they're free. finally. someone who understands the real me. your health and happiness is important to us. call or go online now to get your free decision guide. call a licensed humana sales agent today. making my dreams a reality takes more than just investment advice. from insurance to savings to retirement, it takes someone with experience and knowledge who can help me build a complete plan. brian, my certified financial planner™ professional, is committed to working in my best interest. i call it my "comfortable future plan," and it's all possible with a cfp® professional. find your certified financial planner™ professional at letsmakeaplan.org. brian: president trump heating up the immigration debate by considering a executive order to end birthright citizenship. new op-ed the next guest says the debate comes down to six poorly chosen words in the 14th amendment. here to explain is constitutional law professor who always uses the right words, jonathan turley. jonathan, first off, let's get the words out of the way and this is the ones you told us to bracket on your column today. all persons born or naturalized in the united states and subjected to the jurisdiction thereof are citizens of the united states and of the state where in they reside. what do you think is hard to figure out in those sentences? >> first of all, we have to element remember the purpose of the amendment. the amendment was put forth because many states were trying to deny free slaves the full rights and powers of citizenship. the sentence was designed to guarantee those americans recognized at full citizens. that clause is what has caused the confusion since the minute this was ratified there has been debate about unlimited birthright citizenship. some of the dreaforts o draftere 1st amendment did not believe this language was unlimited birth right protections or guarantees. some of them actually put in legislation limiting birthright citizenship to children of citizens or legal residents. so, there has been a long standing debate. brian: yeah, you can have a good faith argument on both sides and still be a good person. not a dog whistle argument for anything else because people are now not using it for the original intention. many cases they are using it as a strategy to become citizens. come here, have a kid, make that kid an american citizen, just for that reason that's not the reason this amendment was written. >> i don't understand all the hyperbole and anger about this. this has been a long standing debate. there is good faith arguments on both sides. the natural reading of this amendment would seem to support unlimited birthright citizenship. the history, some of the drafters tend to go the other way. courts view clauses like this as having meaning. they don't just dispense them. the question is why was this clause put in? what was it referencing? and you can make -- can you certainly make a good faith argument that it limits birthright citizenship. the united states is something of an outlier. only about 30 countries that recognize unlimited birthright citizenship that doesn't mean you can use an executive order. i testified against president obama using executive orders. and i think it was wrong then. i think it's wrong now. but i think lindsey graham's proposal for legislation could have a stronger case to make in court. brian: it's interesting. is he a jag officer. is he not just throwing it out there to get votes. he is not up for election. let's see them go through the process and have a high level debate on this. i would love that instead of just marginalizing people with labels. jonathan turley, thanks so much. >> thanks, brian. brian: hundreds of thousands of people got healthcare coverage when they weren't supposed to. it all adds up to a 4 billion-dollar mistake. how does that happen? plus, we have shown you the videos of protesters heckling marsha blackburn during a moment of silence. apparently they are too for google. (burke) fender-biter. seen it, covered it. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ ito take care of anyct messy situations.. and put irritation in its place. and if i can get comfortable keeping this tookus safe and protected... you can get comfortable doing the same with yours. preparation h. get comfortable with it. - [narrator] meet shark's newest robot vacuum. it powerfully cleans from floors to carpets, even pet hair, with ease, and now for cleaning surfaces above the floor, it comes with a built in shark handheld. the shark ion robot cleaning system. i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome. ainsley: today more funerals for the synagogue shooting in pittsburgh. visiting a victim's widow and first responder in the hospital. our next guest calls the politicization of the left toxic. jeff, a member of the trump advisory board and/or though docks jus jew and joins us now. this has been so politicized. so political, what's your reaction to that? >> it's just pure pain. i mean, like many orthodox jews, we found out about the news many hours later. and our first. ainsley: because of the sabbath. >> because of the sabbath, right, thank you. our first introduction of the news was through a very hostile political filter. and it was bewildering all you wanted to do was but being bombarded with overtly hostile political messages. it was terrible. ainsley: you were speaking to students yesterday. what was your message to them. >> speaking to group of students last night just generally about the political atmosphere not specifically about jewish students. young woman asked me a question pleading her eyes and voice our country has become so polarized do we think something this shocking might bring us together? i didn't know what to say to her. i don't see that there seems to be no humanity left in this debate, in this process. and say you disagree with this president on a number of issues, it's really impossible not to see how much he cares about israel and the jewish people. it's impossible. and in fact, that seems to be driving so much of the politicization, so many of the lies about him and calling him names and arguing that he doesn't like us. and then it flipped on itself it's so obvious that he cares about jews yesterday, when i say this almost no limits, there were so-called jewish groups, people call themselves as though they are speaking for jews, not only shouldn't he come to pittsburgh but saying those who support him, jews who support him shouldn't be welcomed in our synagogues. that's insane, that's the opposite of a reaction like this. never in history -- i can't say that i'm not aware of any time in my life that a tragedy like this would separate jews as opposed to bring us together. i think it's symbolic as our nation as a whole has become. ainsley: see the president and first lady putting white stones from the white house and white roses on each of the stars to remember the victims. jared was there as well. so was ivanka. why was it important for you as an orthodox jew to see him and his family there. >> take away the word orthodox in that unites us all. those divisions are theological divisions. nothing to do with the fact that jews are not just a faith but really a family. that's really the emotion. that's what's being lost here which is what is so terrifying to me. it can't be lost. it is very important. the presence of jewish family members that close to the president of the united states, it's obviously unprecedented. the fact that people keep on repeating it. the fact that the president has jewish children, jewish grandchildren. the fact that his grandchildren are great grandchildren of holocaust survivors. i get the terrible sense that it's ratcheting up the anti-trump rhetoric more to try to demonize him as opposed to look at the obvious. is he clearly supportive of the jewish people and israel. one of evil horrible person was apparently angry about that the president is too good to jews in israel. ainsley: jeff, thank you so much for being here. >> thank you. ainsley: still ahead, nancy pelosi is sounding pretty confident about the midterms. listen. >> let me tell you this, if the election were held today we would win. now i'm saying we will win. ainsley: what happens if they don't win, if the blue wave comes crashing down plus, young voters are expected to turn out in record numbers in just six days. so, how do they feel about the caravan? >> i think we should let hem in. >> i think it's diversity creates strength. i mean, i feel like it's not really that big of a problem. oh! oh! ♪ ozempic®! ♪ (vo) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? 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[laughter] we will win. >> please don't say that do you want to say that on hillary's fireworks barge that's been cancelled? please, please, please don't say that. >> we will win. we own the ground. ainsley: don't jinx it. please don't say that. brian: nobody can actually say that i know they have internal polls, 435 races. i know the crystal ball of larry sabato has 21 toss-up seats. you need to get to 218. neither side have it. if you watched the last elections, i don't know if you heard, but the president was within the margin of error and all the states he ended up winning and that's why he won. ainsley: that's why she had to cancel the fireworks. steve: stephen colbert said after she said that i feel like i should sacrifice a goat to take the hex what you just said. ainsley: is he superstitious. steve: talking about the "new york times" and whether or not the republicans would lose control of the house she said she is thinking about if they do take control of the house perhaps moving to canada. ainsley: blamed the president for gaining weight. every time she. steve: making me fat. i hear what he said now and i have to go eat pancakes now and pancakes are very fattening. we make them with healthy flour though, almond flour and coconut flour. sounds delicious. brian: list of celebrities that said they would move after results of the last election. see how they are doing? barbra streisand is still here. amy schueler. jon stewart still has a farm. stacey handler believe she is tweeting from america. hamill. ainsley: on scream. ainsley: little lie rose. whoopi goldberg, miley cyrus. steve: number of celebrities that moved after the 2016 election zero. we believe. john mcglok lynn zero over the hollywood sign. trump campaign polster says ultimately for both sides, with six days to go, it all comes down to one thing. turnout. >> the election really depends upon a turnout for the rest of this week and on tuesday because the early voting states you can see the republicans are doing better than they -- they are doing about what they did in 2016 in florida. not as well as they did in 2014. the democrats in the anti-trump vote are coming out a little bit better. plus, you can't let up on election day. remember, everybody was saying a year ago when you had virginia and alabama, they were saying gee, the democrats won't come out. we will get our vote out it will be usual turnout. no, instead of 2.2 million in virginia. 2.6 million. 11% more democrats. this year the republicans have to stay fired up right through tuesday. and that's why the president is out there doing the rallies as he is doing. steve: that could be one of the reasons why stephen colbert said to nancy pelosi, let's not do that right now. doesn't want to become complacent, thinking it's in the bag. both sides want their base to show up along with the independents to cast a vote by tuesday. ainsley: the president has 11 -- 11 rallies in a matter of seven days. and tonight he is going to be in florida. steve: yeah. ainsley: at the hurts arena. brian: g.o.p. outspending democrats in battle ground states tune of 5 to 1. seems like democrats have more money. republicans are doing a lot more spending. i'm not sure what they're saving it for. governor's races as intriguing as the senate races. i sense we will be staring at florida for a long time. governor's race is really tight and senate race with nelson and rick scott is really tight. steve: it could be a late night on tuesday. you will see all the coverage right here on fox where we have the news like right now with jillian. jillian: that's right. get you caught up on the stories we are following, including. this human zones uncovered at the vatican embassy in rome could help crack a 35-year-old mystery. officials believe the remains could belong to olandy the teenage daughter of employee who vanished in 1993. remains were found during construction at the embassy. officials are trying to determine the gender and age of the person they belong to. google accused of trying to censor congressman marsha blackburn saying they show quote shocking content. >> a moment of silence. [shouting] [bleep] >> google ads not approving her campaign videos showing protesters interrupting her moment of silence for pittsburgh synagogue victims. california's medical program paid $4 billion to recipients who may have been ineligible. the "l.a. times" reports it could be due to discrepancies between state and county level record keeping. audit found 430,000 beneficiary sherries marked as eligible in state records were not considered eligible at the county level. the recipients may have died, moved, organ making too much money to qualify for the program. 21st century fox executive chairman rupert murdoch receiving the first ever legends award at the american australian association dinner. the group's goal to advance relations between australia and the u.s. nfl commissioner roger goodell introducing mr. murdock at the event in new york. watch. >> no challenge is too daunting for rupert. he builds empires and once built he finds new frontiers to conquer. jillian: chairman murdock's father founded the organization 70 years ago after the end of world war ii. >> if i could end with a thought from my father, i believe in the good purpose of life and the beauty of the universe and the high destiny of man. i believe in the power and the spirit and the triumph of the good in heart. jillian: as you can see right there our very own harris faulkner emceed the benefit dinner. congratulations and she looked amazing as always. ainsley: she did a good job. i went last night. his dad started that organization 70 years ago. he does so much for this organization. carrying out his dad's legacy. everyone there was just so appreciative of him. his dad was a sir, sir murdock. and just a great businessman. and so rupert has done so much with this company and such an amazing person. he was there with his wife. and we were all there to support him. harris was on stage. she is so dynamic. she is so good in front of a crowd. keith urban was there. this organization is so great. we raised money -- this organization raises money to send students in america to australia for higher learning and australia sends kids here so it's a great organization and then a good relationship. brian: here's the key. i know we got involved little rocky start between the trump administration and current australian administration are we okay now? ainsley: everyone was in a good mood there, yes. steve: congratulations to the boss. all right. 20 minutes before the top of the hour go outside. janice dean, it's a little cold? >> it's a little chilly. we will warm up for excellent festivities. halloween, of course, this evening here across the east coast. temperatures will be warm, relatively warm and we won't have any precipitation but, behind that that's where we have a cold front. you can see where that cold air is north of the front ahead of the front along the front is where we will see the potential for showers, thunderstorms, maybe severe storms. you can see that snow as well across portions of the rockies. colorado certainly got quite a bit of snow. measurable snow over the last 24 to 48 hours. that system is going to move in towards texas, louisiana, mississippi, arkansas, and bring the threat for strong storms. including, perhaps tornadoes, so you need to listen to your local forecasters, okay, if you are going to be going outside, you may have to keep things indoors. look at all that heavy rain. it's going to put a damper on some of those halloween festivities, unfortunately. we will keep you up to date. anybody wearing costumes later on? brian, i know you are out. no costume for you. ainsley: the kids are wearing them. steve: halloween. ainsley: all about the children. a lot of people who work at fox are bringing their kids in. janice: yea. steve: we have a little parade at the conclusion of the show. all right, j.d., thank you very much. the left's rhetoric is ramping um as we close in on next tuesday in the midterms. >> when they go low, we kick them. >> told to appeal to fears of white voters. >> campaign of distraction. steve: next guest says that kind language could backfire at the ballot box. we have him explain. brian: topic for voters and consumer confidence is at new 20 year high. i'm confident that stuart varney got our message and we boocketd him last night. he didn't return the call. if stuart is here, please come to the studio. we are ready for you. ♪ ♪ connecting the world inside, with the world outside. so you can move through both a little easier. introducing the well-connected 2019 lincoln mkc. steve: countdown the days until the mid 2er78 elections. >> when they go low we kick them. what used to be five years ago, 10 years ago dog whistles to the fears of white voters. now are just stated openly. >> he is now joined by donald trump in the campaign of distraction. a campaign that is providing cover for people who are now taking their political differences and going to the next extreme to create political violence. steve: will these attacks on president trump and the republicans actually resonate with the voters? here to react is the host of michael knowles show. >> good to see you. steve: what do you think. >> i think this rhetoric might resonate. the trouble for democrats i don't think it's going to resonate the way they want. to say the trouble with the rhetoric is that it's not reminding voters of why we don't like trump. it's reminding voters of why we don't like them. it's the same attacks we have heard over and over he's a racist. he is a bigot. he is a this. he is a that. what this rhetoric does is reminds us of their own failures. so barack obama goes out on the campaign trail and says that donald trump is a shameless liar. donald trump has a pretty good record on keeping his promises. barack obama not so much. it reminds us of all those awful lies of his administration. if you like your doctor, can you keep your doctor, in the wake of pittsburgh, they are now blaming president trump for violence for antisemitism in particular. president trump is probably the most pro-jewish president in american history. there is a train station named after him in jerusalem. meanwhile, democratic figures like barack obama are smiling in photographs are louis farrakhan. and then finally you have hillary clinton going out and saying things are so awful under president trump shshe may run for president again. this reminds us of why we voted for trump in the first place. you don't need to take my word for it swings state democrats like claire mccaskill are running against, quote, crazy democrats in her own party. steve: yeah, no kidding. actor james cromwell said this about president trump if we don't stop president trump now then we have a revolution for real. then there will be blood in the streets what do you think of that. >> this is their promise. they have been ramping up the violence. steve: you say the left is ramping up the violence? >> absolutely. there is violence on the fringes of both sides, sure. but in the mainstream the violence is only on the left. on the mainstream of political parties it's only being encouraged by democrats. gangs of antifa running portland, oregon, people harassing republicans in restaurants where they sleep. this does not load good to voter. mob violence and lynch mobs coming for brett kavanaugh decisive moment as well. when voters see this on television, absolutely we should talk about how all of the fringes are of both parties. but, if one is encouraging mainstream violence, i think voters are going to reject that at the ballot box. steve: michael, you are suggesting that the rhetoric, is going to back fire on them. why not backfire on the right. >> it's going to backfire on them because they have gone too far. the trouble with making the elections about donald trump is we have all known donald trump for 30 years. he has been a tabloid legend. everyone knows all of his flaws and also know he is not a fascist. he is not a racist. they are not a bigot. the boy who cried wolf and creates a big credibility problem for them and reminds us of all of those failures of their eight years governing the country that they were hoping we would have forgotten under the first two years of trump. back on the campaign trail and things are going pretty well right now. steve: let's see what happens tuesday. good to see you. >> you bet. steve: very busy wednesday. resistance is everywhere. even in ben and jerry's ice cream. we will explain that what is the state of the race for republicans with six days left until the midterms? we will talk with rnc chairwoman ronna mcdaniel. she is joining us next. ♪ get ready ♪ get ready ♪ 'cause here i come ♪ ainsley: hard to believe we are less than one week away from the election. president trump pulling out all the stops. campaign rallies in this final stretch. brian: what stage is the rnc focusing on? i'm going to ask that and then you guys will ask follow-up questions to rnc chairperson ronna mcdaniel. ronna, a lot of people are looking at minnesota in particular? terms of the races that could tip the balance in the house. you brought us to minnesota's first district. right away. this is real close. first district jim hagedorn is running a tight race. former congressman tim waltz running for governor there we think that's a state we can pick up. the eighth district in minnesota. we have a great candidate pete stauber. we see good numbers coming out of that district. third in nevada third and fourth looking well. there are pickups for us on the board. obviously we have a lot of seats in play that hillary clinton won where we have republican incumbents. it's neck in neck right now. it's going to depend on turnout. steve: when you look at the national news, ronna, there has been so much about the caravan last week and then yesterday at the 11th hour the president wants to add to the debate whether or not to end this birthright citizenship for people born in this country to parents who are not americans. does that help the republican message? i think it highlights how silent the democrats have been on immigration reform we obviously have a problem in this country. the president is leading the way. he wants to work with democrats. we have this huge caravan heading towards our border. we have another one setting up to come to our border. we have to solve our immigration problems in this country. and democrats are silent again. and so i think it feeds into this results vs. resistance narrative we have seen this election. republicans are focusing on results and getting things done for the american people and the democrats are only focused on resist and obstruct. i think the voters are taking note. ainsley: what would you say the biggest problem facing the republican party is? is it women? what's your message. >> the democrats have -- on healthcare and tried to tell people that republicans are going to take pre-existing conditions. that's flat out false. president has been on the stump refuting that. sharing family members of their kids of their mothers who have pre-existing conditions. of course would never take away that right. that's one of the things the democrats are trying to do try to scare their voters. we are running on higher wages, more jobs, our economy doing well. taking on the opioid crisis. there are so many things that have come out of these first two years of president trump and republican leadership. we are saying to voters do you want to go back? we need to continue this come back. there is so much at stake. we have the number one campaign on the trail, president trump energizing our base. brian: asides that you have a very strong digital campaign. you leap frogd over what the democrats were doing. have you invested $275 million, the largest ever in a ground game. is there something that president trump did that can be beneficial the way he microtargetted in the midterms even though not technically on the ballot build off what he was able to do. >> absolutely. when we do these rallies we are collecting data on the voters to come. we do peer texts where we are texting messages. get your absentee ballot and make sure you turn out. talk to your neighbors. this digital campaign using the rnc data and what we are gaining from the president with his huge donor base of 175,000 new small online donors in 2018 alone is helping propel our voters to the ballot box. and let me just say we are seeing 2016 turnout across the country and republicans are matching the democrat energy. that's very good news. we need to sustain that through election day. steve: all about the turnout. prediction? >> i think we are going to keep our majority in the senate and potentially expand it. which is unprecedented in a presidential year that first midterm. and i think we're going to keep the house. it is neck in neck. everyone needs to turn out. talk to your friends and neighbors. go call your old college roommates. turn them out to vote for republican. brian: by the way. steve: i can't find my college roommates. >> call high school friends. talk to a stranger. we need to turn them out. brian: exgirlfriends, whatever. ainsley: i advise you not to do that. brian: they said the house was locked up already might as well turn in the towel. >> they said hillary was going to wins a well. so simple, so good. get the recipes at walnuts.org. little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats moderate to severe plaque psoriasis differently. with otezla,75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper 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person comes in and has a baby and the baby is a citizen of the united states. it has to end. >> i don't understand all the hyperbole and anger about this. this has been a long standing debate. there is good faith argument on both sides. >> we have to stand by the rule of law. that's what the president is doing. i salute him for doing it. >> more u.s. troops will be deploying to our southern border as a second caravan has made its way through guatemala now into mexico. >> president trump is frankly changed the rules of the game. and that should change the equation in their head whether they should continue. >> the president and first lady went to pittsburgh to remember those victims. those 11 individuals that went to pay their respects. >> six days before the midterm election. people are energized. >> this year the republicans have to stay fired up right through tuesday. >> the trump administration is focusing on urban communities and initiatives. something very exciting that is happening now with trump in office. ♪ running down a dream ♪ working on a mystery steve: live from new york city, it is the 31st day of october. that's right. it is halloween. and as we heard from janice dean just about 20 minutes ago. it's going to be soggy across much of the country. as you dress up your trick-or-treaters think something water repellant. ainsley: dress them up as mary poppins because she carried an umbrella. six days until the midterms, guys. right around the corner next tuesday. steve: we have been talking about it so long, the president is going to have over the next six days 11 dinner rallies. we will talk abou -- different . the president flew to pittsburgh to pay homage to the 11 murdered at the tree of life synagogue. can you see one by one the first lady and president made their way down that line of wooden stars of david. he placed a stone on each, the first lady a white rose. brian: jared kushner and ivanka, his daughter, also joined him. obviously she converted and he is orthodox jew wanted to be there. the presiden president of the ud states paid his respects. you heard the protesters there some of the congregation thought the president came too soon. and i'm sure there is a lot of people if you wait another week would have said he waited too long president formed his way through. he went yesterday. mission accomplished. shame people went out of their way to protest. ainsley: reverend jesse myers accompanied them. the president and first lady are welcome there we welcome them with open arms. we appreciate them showing respect to these 11 individuals that were killed in the bloodiest anti-semitic attack in u.s. history. went to the hospital i at the university of pittsburgh medical center. steve: he met with the widow of one of the 11 people killed. she said, according to sarah huckabee sanders who recounted the passage up on air force one that was flying home, the bid toe wanted to meewidowwanted to meee president to let him know the people wanted him there. ainsley: beautiful tradition they bright white stones from the white house and placed them each at the star of david. each of those 11 stars. brian: the president is now when he goes back to the campaign, obviously less important than life and death, the issues we saw on saturday, has made it clear that part of his agenda, even when he was running was doing doing immigration reform. one of which bolstering the border. 800 miles to go to get to our border. the president put out troops to let them know you can't come. other caravan coming up behind you can't do that said something to axios who is doing a special on sunday on -- with the president, said i'm going to throw something when it comes to birth right citizenship. i can do it through an executive order. i am going to rid our nation of it if you read the constitution, i can do it. listen. >> only country in the world where a person comes, in has a baby and the baby is essentially a citizen of the united states for 85 years with all of those benefits. it's ridiculous. it's ridiculous. and it has to end at the 11th hour a week before the election. the president is trying to add this to the debate. he and the republicans feel that the caravan is a winning topic for them. but then when you throw this in to end something that is, you know, the legal scholars, they are largely feel what the president is suggesting is unconstitutional but we had jonathan turley on a little while ago and he said, you know what? maybe it's time for a debate on this because there are arguments that are good on both sides. >> some of the drafters of the 14th amendment indicated they did not believe that this language was unlimited birth right protection or guarantees. some of them actually put in legislation limiting birthright citizenship to children of citizens or legal residents. courts view clauses like this as having meaning. they don't just dispense them. the question was why was this clause put in? what was it referencing? you can certainly make a good faith argument that it limits birthright citizenship. >> what is he talking about in the amendment, the interpretation of the 14th amendment has been disputed since the beginning. since it was written. supreme court has never taken up this issue. and the phrase that he is looking at. he says in the 14th amendment all people born in the united states and subject to the jurisdiction thereof. what does that mean? the jurisdiction thereof? michael anton, former national security advisor for the president. he is saying in that phrase it says if you are the child of citizenships or the child of legal immigrants, then you are entitled to citizenship. so he is saying you have to be born of a spin. brian: australia changed their law 1985, 1986. why are going to stop that a lot of european nations the same. high level debate by two level headed side present their issue and maybe as a country we would not marginalize people for even bringing it up. that didn't stop the media for claiming that the president has some secret agenda listen. >> what used to be five years ago, 10 years ago dog whistles to appeal to the fears of white voters now are just stated openly. this is the hard line immigration message. the fear of immigrants changing the way of life of americans. >> hearkens back to some of the darkest chapters in america's history when this 1857 the dred scott decision. >> we were arguing questions about national identity and it's not that far to get from that to issues of racism. steve: where do we go from here? will the president sign an executive order? maybe. then again maybe it's just one of those things that happens before an election? if he did sign it, there would certainly be a court challenge immediately and it would wind up going up the court system. lindsey graham has a better idea. he would like to change the law. is he going to propose doing just that which would be easier than a constitutional amendment, which takes a gigantic amounts of support in the house and in the senate across the states. at the same time, look at whether they would get a bill through these days, good luck. ainsley: harry reid back in the early 1990s, actually proposed it to. his bill actually died, didn't even make it onto the floor. but, he later apologized said he doesn't agree with that anymore. back in the 1990s, democrats were saying the same thing. brian: i just don't understand. we had vcrs back then and chuck schumer against chain migration. you see harry reid against the lottery system. harry reid against birth right citizenship. democrats on the record saying we need a barrier and senator obama saying the same thing. meanwhile, we have to find a way to get comprehensive immigration reform. if you look at the issues. i believe 70% of the imforeign relation issues both democrats and republicans agree on michael knowles weighed in i think this rhetoric might let son nate. the trouble for democrats is not going to resonate the way they want. to say the trouble with the rhetoric, reminding voters of why we don't like trump. it's reminding voters why we don't like them. same attacks we have heard over and over. he is a racist. he is a bigot. he is a this or that. reminds us of their own failures. steve: so what he is saying is the sharp rhetoric on the -- you know, we hear it from the right and the left. but he said in the interview we just did about 20 minutes ago. he said that he thinks it's going to backfire on the left. when asked why it wouldn't backfire on the right. you heard the answer right there. ainsley: we will find out on tuesday. steve: we will indeed. star parker is the founder of urban cure and she in this sound bite explain why a number of people are supporting president trump who have not supported republicans in the past. listen. >> they have been loyal to the democratic party because blacks brought this idea of activist government. something happening trump in office. trump administration is focusing on urban communities and initiatives so we have two things happening right now that are very, very exciting. first of all the millennial does not buy this racism behind every rock narrative of the democrat party because their friends are diverse. they have grown up in a society post civil rights era. so they don't know that world at all. secondly, they are individual lists. they like uniqueness. we see that on the tattoos they wear. this whole idea of collectivism and big government doesn't work for them as well. brian: darrell scott somebody working in the administration. opportunity zones zones and tax plan. you will see a lot of focus over the next two years if these models are correct on what's happening in urban communities and leading the charges republican senator tim scott and ben carson, obviously doing the same thing. it looks like they did lose kanye west last night. i don't know if you saw. he suddenly says i'm out of politics. i don't like this new term that candace owens came up. ainsley: came up with blexit. black peter exiting the democratic party. i just helped her find a designer. i don't want to be a part of blexit. steve: so much going on in the run-up to the midterms. ainsley: do you think is he out of politics forever? brian: four or five minutes. ainsley: agree. until he is not. jillian: good morning. let's get you caught up with this fox news alert now. brand new heart-breaking video showing a passenger's final moments before his plane crashed into the sea his wife says he sent her the clip before boarding the doomed flight in indonesia. military officials now say they have detected pings from the crashed boeing jet's black box in the java sea. they are hoping that flight data recorder will help them figure out what went wrong right after takeoff. all 18 passengers presumed dead that plane had only been in service since august. an exmafia hit man serving a life sentence is reportedly a suspect in the beating death of mobster whitey bulger. that's according to a new report by the "boston globe." the families of his victims now reacting to his death. >> i was overwhelmed with joy. of course i hope he suffered. my family suffered for 36 years. >> i wanted to get a bottle of champagne and pop that cork. you die the way you live. he killed people. he was killed. jillian: 89-year-old was responsible for at least 11 murders. bulger had just been transferred to a new high security prison in west virginia. other inmates reportedly wheeled him in his wheelchairs out of view of the surveillance cameras and beat him with a padlock inside a sock. two utility workers are dead after helicopter crashes into power lines they were working on. you are looking at pieces of the aircraft dangling at the fiery scene in upstate new york. the four workers inside the chopper were inspecting the power lines when they got tangled and crashed. two others on board miraculously survived. the pittsburgh penguins paid tribute to the first responders who helped save lives after the synagogue shooting. >> officer anthony burke and officer mike spink. [cheers] jillian: anthony burke and mike taking part in the ceremonial before the game. officer behind them american flag colored black and blue. brian: penguins stood up for those who lost their lives and steelers. whole posting and free game was all about the synagogue shooting. which was pretty amazing. jillian: all of our hearts are heavy. ainsley: thank you, jillian. steve: is bernie sanders running for president in 2020 or what? what he just said is raising some eyebrows, serious eyebrows. ainsley: plus, the trump economy is a big topic for you, the voter, in the midterms and consumer confidence at near 20-year high. stuart varney on what that means for the midterms in six days. brian: got here just in time. ainsley: hi. ♪ i got it all on the line ♪ for a piece of the promised land ♪ and i'm burning my candle at both ends ♪fe >> teacher: let's turn in your science papers. >> tech vo: this teacher always puts her students first. >> student: i did mine on volcanoes. >> teacher: you did?! oh, i can't wait to read it. >> tech vo: so when she had auto glass damage... she chose safelite. with safelite, she could see exactly when we'd be there. >> teacher: you must be pascal. >> tech: yes ma'am. >> tech vo: saving her time... [honk, honk] >> kids: bye! >> tech vo: ...so she can save the science project. >> kids: whoa! >> kids vo: ♪ safelite repair, safelite replace ♪ before discovering nexium 24hr to treat her frequent heartburn, claire could only imagine enjoying chocolate cake. now she can have her cake and eat it too. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn? brian: seems to be more winning under president trump. u.s. consumer confidence is crushing expectation. highest level of consumer confidence in 18 years. steve: will that impact the voters when they head to the poll next week, here to weigh in steward varney host of varney and company on the fox business network. so many issues that people are considering as they run up to the midterms. you are saying this is one of the big ones? >> i think this is very important as we run up to the midterms. i think this historically high level of consumer confidence will have a positive impact on the election in favor of g.o.p. and president trump look, this is indicator of how we feel. it's not a normal economic indicator like an unemployment rate 3.7% or a growth rate 3.5. no. this is how we feel. it's a sentiment indicator. the truth is, when we're -- we got this high level of confidence. we spend more, we might take another vacation. we probably tip a little bit more. we might even consider buying an extra suite of furniture or whatever it is. we are feeling positive about our financial future. ainsley: everyone wants to have more money in their pocketbook. once we get to this point i will share the wealth and be nicer to everyone. i will tip better and let you use my beach house, you know? >> it's a very positive feeling. we feel good. i think there is a buzz in the air. i think there is a buzz which we have not seen in more than a decade. think about it. if you are 20-something. you don't remember really prosperous times. you don't remember walking down the street and seeing higher -- we want to hire people signs everywhere. you've not seen that before. this positive buzz and if the economy is the baseline for voters in this election, i think it favors mr. trump and the g.o.p. brian: the way i understanding it lending seems looser and regulation less. >> a little. brian: fact it's trending that way makes people more optimistic about doing something, taking a risk. opening up a business. >> i just wish they could do something about getting a mortgage. because that is still paperwork nightmare. if they could do something about that we might open up the housing market. ainsley: after 2008 it was so hard to get a house or you had to put 20% down cash. steve: it was too easy before that to get money. ainsley: true. >> still very, very tight. the paperwork that you have to go through to get a loan is just astronomical. very difficult process. ease that up and have an easing up in the housing market to long with everything else. brian: that's why we have gone to loan sharks. we are trying to do it underhanded. >> you mean you came to me for one. steve: thank you very much. brian: watching 9:00 to noon. >> thank you very much. brian: nancy pelosi is sounding pretty confident about the midterms. >> let me say this. up until today, i would have said if the election were held today, we would win. now, what i'm say something we will win. brian: next guest says nannies shouldn't get too excited. ainsley: you know how you can't stop eating all that halloween candy? it's just sitting there. you can't say no to it. there is actually a scientific reason for that. we will tell you about it. ♪ billions of mouths. billions of problems. morning breath? garlic breath? stinky breath? there's a therabreath for you. therabreath fresh breath oral rinse instantly fights all types of bad breath and works for 24 hours. so you can... breathe easy. there's therabreath at walmart. - mwith the best ofodi, the prespressure cooking andsps, air frying all in one. with our tendercrisp technology, you can quickly cook food, juicy on the inside and crispy on the outside. go from fresh to deliciously done in half the time. which means it may become the only thing you use in your kitchen. (tapping) for cooking, at least. (upbeat music) the ninja foodi, with tendercrisp, the cooking while parenting technology. unstopand it's strengthenedting place, the by xfi pods,gateway. which plug in to extend the wifi even farther, past anything that stands in its way. ...well almost anything. leave no room behind with xfi pods. simple. easy. awesome. click or visit a retail store today. ainsley: time now for news by the numbers. first, 86%. how many parents admit to steal their kids' candy. new poll crest toothpaste mom and dad eat a quarter of their kids' halloween candy. next, $11,000. that's how much kfc is giving a couple who named their baby girl after colonel harland sanders. harland rose is her name. born on september. colonel sanders' birthday. the money will go to her college tuition. how cute is she. fox news, thanks to you guys, the most watched cable channel for the 28th straight month. our network averaging more than 1.7 million viewers per day and 2.8 million in prime time. and it's all thanks to you. more people tune in as the day progresses. brian: i like that last story. steve: meanwhile, less than one week till the midterm elections and nancy pelosi sounds confident that they are going to win. >> let me tell yo let me ask yo. if the election were held today we would win. now what i'm saying is we will win. [cheers] >> we will win. >> please don't say that. >> we will win. >> please don't say that do you want to say that on hillary's fireworks barge that she cancelled? please, please, please don't say that. >> we will win. we own the ground. brian: next guest warns nancy pelosi not to get too excited here to explain radio talk show host. why should she say that? maybe she has polls we don't have access. >> to no, remember the exact same people who two years ago said hillary clinton was going to be president same people saying democrat will win the house today. they ask a certain number of people who they are going to vote for. filter that down based off likely voters who they think will vote. but they're just guessing. i read an article this morning in the interceptor why millennials aren't voting one of the number one reasons why millennials don't vote is because they don't know where to buy stamps, brian. they don't know where to buy stamps. because they can't mail in -- they don't know where to mail-in their ballot. i hear democrat enthusiasm high when buying a stamp is a hurdle too high to climb. steve: aren't those things already stamped? holy cow. ainsley: she said we own the ground. what does me mean by that? >> well, i think about voter enthusiasm. right? i actually think voter enthusiasm is higher among republicans. let's not forget what happened to kavanaugh. i don't think republican voters do. i don't think this caravan stuff from the south of our border helps the democrats. i think it actually helps donald trump. you just had stuart on who rightfully said the economy is humming. i think republican voters are fired up and want to keep this party going. steve: the president has felt and his team has felt that the caravan has been a winning issue for him and the republicans but then at the 11th hour he throws in this birthright citizenship thing does that help the republicans? >> i think that does, too. a law professor on an hour ago. this is not a bigot the sentiment to have. it's a very sensible. it's very historically accurate sentiment. and you again i think minnesota voters are like yeah, this birth right stuff that doesn't make a lot of sense. we do need to look into that. more winning issues for the president. especially immigration. brian: remember when the irs did the investigations on the tea party. everybody walls outraged and nobody ever paid the price for that lois learner and company. voters were marginalized and president obama was able to benefit. now you see the social media companies like facebook and google seem to be -- seem to be really pushing down on conservative groupings. that plays a huge role in this. >> oh, yeah. absolutely feel silenced. i know you guys saw what happened with marcia black burden of proof the other day and how her ads with the democratic mob trying to silence her. she was ads about it and google and facebook wouldn't lit her do that these tech companies have a lot of power. pretty much the entire internet is filtered through these big tech companies. and they don't care much for conservatives. and they are -- it's very easy to manipulate results to try to manipulate people and manipulate votes. it's very dangerous to our republic. you talk about silencing conservatives. you know who google and twitter and the rest are not silencing? twitter still has accounts and comments from louis farrakhan. wildly anti-semitic comments from farrakhan. twitter still has isis accounts and hard core pornography accounts and antifa accounts they are going to strike down on marsha blackburn? that's crazy. steve: let's see what happens. mike slater, joins us today. thank you for your point of view. brian: good luck on your radio show later today. 31 minutes to the top of the hour. ainsley: still ahead, one professor's advice change the professor from fox news when your parents aren't watching, seriously. how do you think that worked out? steve: the resistance? look at that now frozen. ♪ you're cold as ice ♪ you're willing to sacrifice our love ♪ ♪ ♪ my gums are irritated. i don't have to worry about that, do i? actually, you do. harmful bacteria lurk just below the gum line. crest gum detoxify works below the gum line to neutralize harmful plaque bacteria and help reverse early gum damage. and, now there's new crest gum and enamel repair... it gives you clinically proven healthier gums and helps repair and strengthen weakened enamel. gum detoxify and gum and enamel repair, from crest. gums are good, so is my check-up! crest. healthy, beautiful smiles for life. introducing the new capital one savor card. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet? steve: we have been talking about fox nation coming up. they are going to launch at the end of november, november 27th, and you've heard about it, you know go, to foxnation.com to sign up, learn more about it a lot of people still don't get what it's about. >> so many of you watch fox and hear it from so many of you when we go out on the road. this is for the super fans. ma'am of you are super fans you want more of it more in-depth. stories are longer. documentaries, history lessons. steve: stuff you don't get mere on the channel. brian brine we have been shooting for about a year. giving you in chunks and giving you an idea what's coming up. here is a new look at fox nation. >> i'm walking down the hallway to the office talking about life and talking about business. whatever it is. ♪ brian: our greatness, willingness to challenge dates back to before when we had a president. >> bernard is in a special sell on rhode island tonight. >> another story remembered always our american. >> ladies and gentlemen, we got him. >> that is a moment where george washington proves what a leader. >> biggest mistake conservatives made in the past half century was to vacate the universities and hand it all over to liberals. >> look at certain way. always be a smart, big guy. >> the fox nation. >> have to get through the crust. >> for me chili is comfort food. >> what do you think about a trump biden matchup? they threatened to fight each other. >> leaned toward us like this and said gentlemen, i know why you are here. are you here because of the dead body in the basement? ♪ >> brawley was a pawn. >> no injuries from an assault. >> what is this? >> this is one of a number of history books that written and really timely. >> do you ever wonder how make-a-wish foundation grants thousands of wishes every year. >> documents at the heart of dan rather's report are now called into question. >> many fear the war has come to our shores. >> great admiration from an entire nation welcome home. >> can you come down here and kennedy says i prefer you come to me. ♪ how great is that soon to the a device near you. more information, go to foxnation.com. remember, this is not a new capable channel. this is a streaming service. so you will be able to watch it on your phone, on your laptop, on your streaming television. ainsley: all the time. any time. brian: taped programming and live programming on it. you have a variety. almost like netflix you can click on different tiles and decide what you actually want. steve: you can bring. brian: binge. >> hit click cost you $5 a month. 60 year. all kinds of incentive to get three year plan or two year plan. steve: fox nation, check it out. in other news, president trump kicking off final campaign blitz before the midterms. brian: he is going to be heading to 8 states in just six days. and he is starting with a rally today in florida. kind of dueling with bernie sanders. ainsley: doug mckelway joins us live white house with a preview what we can expect this week. >> ron desantis governor of florida is unabashed supporter of president trump he will need all the help he can get from the president when the president goes down to fort myers tonight for another make america great again rally. one of 11 rallies that he will be holding in these closing days. take a look at this list for meyers tonight. columbia, missouri, the day after that huntington, west virginia, minneapolis. on the 2nd. montana. 3rd. georgia, chattanooga. last day before the election cleveland, fort wayne and cape garrardo. andrew gillum has been making a really strong showing in florida last night speaking to an overflow crowd. all that despite the fact that he is under a state ethics investigation. accused of accepting gifts and money from an fbi agent posing as a developer. mr. trump has tweeted about gillum a dem who is a thief and mayor of a poorly run city tallahassee said to be one of the most corrupt city in the country. gillum's ethics problems do not seem to be sticking at this point. he wasn't asked a single question at that rally last night about it he responded, however, to trump's tweet saying in his own tweet and i quote: as my grandmother told me, never wrestle with a pig. you both get dirty. but the pig likes it. desantis, meantime, has been hammering away at gillum's open borders policy. >> andrew has open border policies. he basically said that's what he wants. he wants florida to be a sanctuary state and have sanctuary city. when you do that obviously, there is folks who come in who we don't know who they are, it's really a wet kiss to the drug cartels because they can move this product in. >> the real clear politics average of polls has gillum up by 3 percentage points in florida. again, mr. trump heads down there. at fort myers for a rally tonight at 7:00 p.m. back to you. steve: all right. doug mckelway, north lawn, white house. thank you, sir. brian: gillum not only tangling with desantis. he has been tangling with the president. is he going directly at it we will see. it's not a gray area. charlie crist, a moderate. started as a republican. went independent. there wasn't much of a difference. this is going to be a dramatic difference for florida. ainsley: you think florida. you think conservative. this election is totally different. people are saying is he more socialist than he is, you know, the other way. so we will see. it's very interesting what's happening around the country. brian: got a lot of charisma. steve: that's why the president is heading down there tonight. in the meantime. head on over to jillian who has news from new jersey. jillian: let's get you updated on this a rutgers university football player accusing to kill his friend's family. bullock charged in a double murder plot in new jersey. the junior linebacker allegedly planned to kill two people. two victims not tied to the university and never injured. he has been dismissed from the teen. vermont senator bernie sanders says he can't commit to finish a senate term if he is reelected. he hasn't ruled out a 2020 presidential run. the simple truth is i have not made that decision. i'm not going to sit here and tell you that i may not run. i may. if i run and win the likelihood is i will not be vermont's senator. the college professor is apologizing after telling students to block fox news from their families. a opportunity tweeting this photo of a paper handed out by the nc state reading in part, quote: when they are not looking, set the parental controls on the tvs of your family members to block fox news. fox news spreads bigotry and hatred. the school says the professor now realizes she crossed the line between educating and advocating. so there you have it. steve: i wonder if anybody did it. brian: i hope that doesn't catch fire. steve: thank you very much, jillian. outside janice dean is preparing for halloween here in the big town where it is chilly to start. janice: not too bad though. it's going to warm up. any birthdays or anniversaries my friends? birthday right here. what are you doing to celebrate? >> we are in new york. >> we came to new york. janice: and on "fox & friends." >> we are here. janice: you are from texas. >> exactly. >> are you excited for halloween in new york city? does anybody sing or dance? okay. later. we will talk about that. take a look at the maps across the nation. we do have potential for strong storms because of a cold front. along this cold front we could see the potential for heavy rain as well as some severe weather. look at that snow across the colorado, rockies, so just a warning. if you are doing any festivities this afternoon this evening, gunk along the ohio valley. that's where we could see the potential for strong to severe weather. make sure you are looking at your forecast and stay inside if we are dealing with severe storms. there your forecast precipitation over the next 24 hours there your trick or treat forecast. all right. did nibble buy breakfast? you did. >> yes. >> where are you from. >> i'm from baltimore, maryland. janice: very nice. warm are you from. >> georgia. >> novembe nova scotia, canada. >> janice is from as well. she defected a long time ago. still ahead, white house -- welcome, janice. sarah huckabee sanders will be here. she will join us live next hour. steve: with six days to go until the midterms are democrats wasting money in places they can't win? we have interesting numbers come up ♪ whatever it takes ♪ and, at his age, he's at greater risk for lows. tresiba® releases slow and steady and works all day and night like the body's insulin. 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(vo) ask your diabetes care specialist about tresiba®. what do you look for i want free access to research. yep, td ameritrade's got that. free access to every platform. yeah, that too. i want to know what i'm paying upfront. yes, absolutely. everything you want. one low price. td ameritrade. ♪ when did you see the sign? when i needed to jumpstart sales. build attendance for an event. help people find their way. fastsigns designed new directional signage. and got them back on track. get started at fastsigns.com. is my competitive edge. it senses our movements and automatically adjusts to keep us both effortlessly comfortable. so i'm at my best for this team... and the home team. sleep number proven quality sleep, from $999. jillian: good wednesday morning to you. welcome back. we have headlines now. the so-called resistance seems to be everywhere these days. even in your ice cream. ben and jerry's revealing a brand new flavor pecan resist. the company also donating $100,000 to four progressive causes. it's not our fault we can't stop eating that halloween candy. it's science. a nutritionist tells "time" magazine the trifecta of sugar fat and candy revs up your body's system focuses on eating for pleasure. other thing to blame nostalgia. the positive memories we trying tore certain foods can trigger reaction. making it difficult to put the candy bowl down. you don't have to put it down today. brian? brian: thanks, jillian. we are now just six days away from the midterm elections. so much at stake for both parties and so much still up in the air. what are some of the biggest toss-up races keeping pollsters up at night and democrats, are they wasting money because they feel as though they have a shot at many, many districts? here to discuss is real clear politics senior election analyst sean trendy. sean, let's take a look at this map right now if you have a monitor. look how many districts are listed as toss-up right now? and you see how much is still up in the air come tuesday? and i ask you, if you are a democrat, you have a tough decision to make. if you are now in play in red -- in red districts, where do you throw the money? and if you spread it out too much, is it totally ineffective? >> yeah. i mean, in a sense, this is a problem that democrats love to have. but in other sense, it is a problem. if you throw a lot of money into some of these very red districts, where you don't have a great shot, but you might bring your vote share up and waste effective lay bunch of votes, you might win the national vote by a lot but you are not going to pick up these seats. so, it's potentially a problem for democrats. brian: take a look at this. look at money spent. unbelievable. think money would be spent better on something else if we could take money out of politics. 240 million spent by the dccc. 148 million on the other side. this is just for this election cycle. you've got to wonder how much higher that is than past years. >> it's been record-breaking, the amount of money that's flowing into these elections. you know, and so some of it is going to be well-spent. some of it is going to be pouring 40, $50 million into beto o'rourke's campaign in texas. where he will do well but he is probably not going to win. brian: beto o'rourke has maybe the same shot as republican does in new jersey, possible but not likely. look at the balance of power right now. 29235 to 13. do you agree with 538 who is saying there is an 85% chance the democrats take the house? >> nate is a great analyst. steve: nate silver. >> yeah, nate silver and he has a great track record. i think he is a little bit too bullish on the democrats right now. i would put the republican chances more on the 1 in 4 to 1 in 3 range. i think right now it's certainly rather be the democrats rather than the republicans. brian: in terms of momentum and trends, where are they legged? >> well they -- heading. we saw something in september with the kavanaugh hearings and even into early october that there was some momentum on the republican side. that's probably blungtsed the democrats' ability to flip some of these deep red districts. at the same time, we think we have seen it level off. now, whether it's turned the other way and gone against republicans, we don't know yet. i would say we are still kind of flat lining where republicans have improved their chances but not dramatically enough. brian: the senate seems secure for republicans? >> the senate does, yeah. senate looks a much better than it did a month and a half ago. brian: sean, always the x factor people not wanting to tell people they are supporting president trump or the republican parity because of some of the backlash we have seen. >> you know, that's something we did see to some extent in 20167: obviously the polls had a pro-democratic lean that year that could happen this year. polsters are trying to fix that with their weighting and math that i won't poor your watchers to tears with. we are hoping that they figured it out. brian: sean trendy get some sleep today you will not get it much over the next six days. >> thank you. brian: media hammering president trump and republicans ahead of the midterms. >> the president is unleashing a torrent of exaggerations. >> many republicans adopting trump's signature combative style. >> a bad nine days for the republicans. brian: just how biased is the coverage? you are not going to believe the numbers. plus, white house press secretary sarah huckabee sanders here live in moments, in 10 minutes ♪ we're on the move ♪ ain't no stopping us now ♪ we've got the groove ♪ ar, what good is it? you'd be better off just taking your money and throwing it right into the harbor. i'm gonna regret that. with new car replacement, if your brand new car gets totaled, liberty mutual will pay the entire value plus depreciation. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪ ♪ steve: well, you know by now we are in the final stretch before the highly anticipated midterm elections on tuesday and the mainstream media continues a lot of negative spin regarding republicans and president trump. watch this. >> the president is unleashing a torrent of exaggerations. >> many republicans adopting trump's signature combative style. >> a bad nine days for the republicans to have the president in this kind of pickle. steve: this kind of pickle. a new study by the media research center looking at evening network newscast from september 1st through october 26th found that midterm coverage for the republicans has been 88% negative compared to just 53% negative coverage for the democrats. ainsley: here to weigh in on this is david harsony senior editor at "the federalist" and author of the new book called "freedom" thank you so much for joining us. >> thanks for having me. ainsley: what's the reason for this. >> the reflection of the trump era and the media's ability active way of becoming a part of a democratic party infrastructure and pushing candidates. i know more about beta o'rourke than i know about some of my own family members. that kind of glowing coverage is just now -- they feel more open and able to do it because of their reaction to donald trump. steve: right, but, david, you say oftentimes skewed coverage has essentially the opposite effect. >> i think so. i think most voters now view the media through the prism of a partisan because they realize that most of the mainstream media is just an activist wing of the democratic party. so, they react negatively towards that sort of coverage rather than positively. i think that happens quite often. ainsley: what are you seeing as far as what are the biggest concerns for democrats and republicans? we have heard healthcare for democrats, immigration for republicans. >> well, i think immigration is a bigger deal than democrats realize. so, when you are talking about the caravan or just talking about the 14th amendment, democrats seem very sure in the mainstream media seems very sure that that is something that is going to work in their favor. i'm not sure that people are as open about that in polling as they really feel. i think that that's an issue they should be worried about. and obviously healthcare is an issue for democrats. i think the overall and biggest issue for them is always donald trump. steve: yeah. so, according to mrc. i'm looking at the big screen once again. democrats' coverage is 35% more positive than republicans and republican' coverage is 35% more negative. why is that? >> why is the coverage more negative? you know, because they feel comfortable campaigning for people like beto o'rourke. they talk, about for instance, voter suppression or things of that nature, which negatively reflect republicans where that doesn't even exist at all. ainsley: we will see if it works on tuesday. steve: david harsanyi. ainsley: white house press secretary sarah huckabee sanders is here live next. . . cal: we saved our money and now, we get to spend it - our way. ♪ valerie: but we worry if we have enough to last. ♪ cal: ellen, our certified financial planner™ professional, helps us manage our cash flow and plan for the unexpected. valerie: her experience and training gave us the courage to go for it. it's our "confident forever plan"... cal: ...and it's all possible with a cfp® professional. find your certified financial planner™ professional at letsmakeaplan.org. we really pride ourselvesglass, on making it easy to get your windshield fixed. with safelite, you can see exactly when we'll be there. saving you time for what you love most. >> kids: whoa! >> kids vo: ♪ safelite repair, safelite replace ♪ ♪ >> we're the only country in a world, person comes in, has a babe, the baby essentially a citizen of united states, that has to end. >> caravan put out 5000 troops telling them you can't come. there are other caravans behind. you can't do that. >> president trump changed the rules of the game. that should change the equation in their head whether they should continue. >> they went to pittsburgh to remember the victims, the 11 individuals. they went to pay their respects. brian: u.s. consumer confidence is crushing expectation this is month. the highest level of consumer confidence in 18 years. >> if the economy is baseline for voters in this election i think it favors mr. trump. steve: six days before the midterm elections, people are energized. republicans have to stay fired up right through tuesday. >> republicans have to focus on getting things done for the american people and democrats are focused on resist and obstruct. and i think the voters are taking note. ♪ steve: live from new york city it is "fox & friends." thanks to you, the world's number one cable morning news show. it is 31st day, the final day of october. that means it is halloween. ainsley: halloween, get your costumes ready. steve: it is sings days before the midterms. this is something we've been talking about the midterms. as soon as the presidential was done, people started talking about the midterms. we're six days away from that. brian: president of the united states had a chance to pay respects to the victims and some of the survivors after the horrific shooting on saturday. that brought him to pittsburgh. now it is back to the midterms. and it is back to trying to do the best he can to hold on to the house, hold on to the senate. for a lot of people, republicans in particular, this will be maybe their second biggest day. their payingest day was 2016. this is another chance to show people 2016 was no fluke. ainsley: we have sarah huckabee sanders at the white house. very busy week, very next few days. he will be all over the country. he has 11 rallies yesterday into the midterms. it is crazy. >> it is crazy. the ability the president has day in, day out, not just to bring these massive crowds out but to actually deliver and with the amount of energy and stamina that he has, and that he has shown over the last month has been incredible and unprecedented. it is amazing the amount of time and energy that he has spent helping push republicans over the line and i think you're going to see that fruitful, particularly when it comes to the senate. the president has done an incredible job telling story of first to years in the administration, number of successes he has had. i think you will see that on full display next week. steve: we looked at a map the states the president will visit in the next six days. are those states where the candidate is in trouble, are those states it is so close a a visit by the president could push the republican over the finish line? >> those are states where the president is incredibly popular and has ability to carry individuals over the finish line. a great way to close, president of the united states comes in, talk about the booming economy. talk about securing the border. talk about remaking judiciary and how more republicans help get better policy in place. a great contrast between republicans and democrats. you will see him lay that out. that will be a huge difference-maker next week. brian: i'm just amazed at, when the president brings up birthright citizenship, a story jonathan swan had been following on "axios." he brings it up, it becomes a big story. to me when you talk to constitutional attorneys like jonathan turley, he says this is the debate we need to have, yet some people are interpreting this some type of xenophobic racist quest to change america. are you surprised how some are playing the presidenting the president's would be executive order? >> i'm not at all surprised, media, democrats, which sometimes can be one in the same would overplay their hand whether on this issue or anything else the president brings up. this is the party of no. this is the party of obstruction. they have no ideas. they have no policies. the reason we're in this position in the first place because democrats failed to come to the table, they failed to work with this president and pass legislation that helps protect our country. that helps protect the citizens of america because they do not want to secure our borders. they do not want to have a law and order country. the reason we're in this predictment because democrats in congress failed to do their job. the president will look at any way possible that he can find legally and constitutionally to make sure that we're doing everything we can. ainsley: will he be able to use an executive order? i know at first i thought it was act of congress, i thought i could use executive order to make sure babies born here to illegals are not citizens. what are the facts here? can he use executive order? does he have to go through congress? >> there are a number of legal scholars certainly think he can, again let's not forget why we're even here at all that is because of the failure of congress, democrats in congress to actually do their job. again the president is going to take whatever powers he has to protect our borders and to protect our country. steve: so congress has not been close on doing anything but, sarah, you remember it was a number of months back where the president and chuck schumer sounded like they came real close to a deal, where chuck said you know what, i give you money for the wall, i just want dreamers to say here in the united states. the president according to the stories we heard, you know what, i think i can get more, no. was that a mistake not to take that deal at that point? >> the president laid out -- we need more than one piece of the puzzle. the president wants to see total reform take place. we have mass live loopholes in our immigration system we have to close, or we're just going to continue kicking the can down the road. the president is not someone that keeps passing the buck here. he wants to solve the problem. that is why he was elected. he will continue to fighting to make sure he pets the job done. brian: what can you tell us about the communications between guatemala, el salvador and honduras? there is third caravan mobilizing this direction. is there talk with the leaders along with putting 5200 troops on the border? >> we're in constant communication with other countries. mexico has stepped up in an unprecedented way. we want to work with them. hopefully -- brian: how will they step up? everybody got through. how do they step up? >> they helped stop a lot of transportation means in these individuals in the caravans, forcing them walking. they have helped us in new ways to slow this down, to break this up and keep it from moving aggressively towards the united states. again they can do more but the at end of the day the president will secure the border and not let people we don't know who they are, why they are coming or what they're coming for into our country. there is a legal system. we want people to come into this country. we want them to do it in a legal way. and the process that exists. we certainly want to fix that process so that it works better. so that more people can come here legally, once they have gone through the system. but democrats refuse to help us on that. until they do, the president will do what it takes to secure our border. ainsley: the president said he will cut off aid to those countrieses that are not cooperating or stopping their citizens from working their way up to the united states. has that happened? >> the president is looking at all options at his disposal, to put influence and break up the caravans and stop these people from illegally entering our country. steve: over the last week, sarah, we had news of the guy in florida sending out bombs over to prominent democrats at cnn as well, and there was the horrible mass murder in the synagogue in pennsylvania. since then there have been a lot of people on television, elsewhere accusing the president of inflaming, raising the temperature, the political temperature by his rhetoric. i know you've been asked that question. what do you tell people who say, the president is somewhat responsible for the tone of the political dialogue in the country right now? >> look, the only people that are responsible for these heinous acts are the people who carried them out. one of the things that we saw yesterday was the strength of our country, the community that we were in, that the president visited yesterday, of pittsburgh. far more about the united states of america than the two cowards that acted so outrageously over the last week. we saw that in the rabbi. we saw that in the bravery of the law enforcement. we saw that in the strength of the community that came together. that is who america is. we won't be defined by these go cowards. we certainly won't have blame placed on any one of the other other than the individuals. steve: ask you a question about the synagogue survivors. the president went yesterday and talked with the widow of somebody who was murdered. would it be okay if you told us what she told the president? >> he did. he spent about an hour at the hospital with the video of dr. godfrey yesterday, late evening yesterday. congressman rothfus from pennsylvania was with the president as well during that time. she said that she wanted to be there in order to show him that people wanted him there. he spent a good bit of time with her and said he was very humbled and very saddened by the experience that he had yesterday an in pittsburgh. brian: when you look at number of positive republican stories, they're under 20%, democratic stories, over 50%, according to an m-rc study, president famously has 92% of the stories against, negative to him, you're the press secretary, you see it, you hear a lot about that, do you believe the networks are mobilized to stop the president and stop the republicans? >> i certainly hope not because that is not what our country is about but i think ultimately when people go to the ballot box they have a very clear decision. they can either vote for lower taxes, they can vote for secure borders, they can vote for the defeat of isis, they can vote for a president who stands for something and for a party who stands for something or they can vote for open borders, they can vote for higher taxes and vote for activist judges. there is never a clearer contrast between two different groups of people. the president will make that case. you will see him do that over the next couple of days, leading up until tuesday. i don't think there is any better messenger for republicans than this president who has had an incredible success story. we expect that to be on full display and i think it will turn out well on thursday. steve: sarah, i hope you have on tennis shoes you will be running between now and next wednesday. >> i will keep that in mind. i need that for chasing my kids for trick-or-treat tonight. ainsley: thanks, more headlines. jillian: following a number of stories starting with a fox news alert. breaking video showing a passengerrer's final moments before his plane crashed into the sea. his wife says he sent her the clip before boarding the doomed flight in indonesia. military officials now say they have detected pings from the crashed boeing jet black box in the java sea. they are hoping the flight data recorder will help them figure out what went wrong right after takeoff. all 189 passengers are presumed dead. that plane was only in service since august. the package bomb suspect had been planning his attacks for months. brand new court documents said the chilling plot started in july. the d o.j. made the discovery after finding the victims addresses on cesar sayoc's laptop. he did not enter a plea during his first court appearance on monday. an ex-mafia hitman, serving a life sentence, reportedly a suspect in beating of mobster white at this bolger. the family of victims. >> i was overjoyed. i hope he suffered. my family has been suffering 36 years. >> i want to get a bottle of champagne and pop that cork. he died the way he lived. jillian: michael donahue's family speaking out after bolger shot him to death. steve: what a story that is. brian: thank you, jillian. 13 minutes after the hour. the migrant caravan are on the move again. more troops are headed to the border. we're going live to mexico next. , get a ford. if you want waze and amazon alexa compatibility, get a ford. if you want a car that doesn't have any of that, get anything... but a ford. otherwise, you're gonna want a ford. ♪ ...that's why i've got the power of 1-2-3 medicines with trelegy. the only fda-approved 3-in-1 copd treatment. ♪ trelegy. the power of 1-2-3 ♪ trelegy 1-2-3 trelegy with trelegy and the power of 1-2-3, i'm breathing better. trelegy works 3 ways to... ...open airways,... ...keep them open... ...and reduce inflammation... ...for 24 hours of better breathing. trelegy won't replace a rescue inhaler for sudden breathing problems. trelegy is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling,.. ...problems urinating, vision changes, or eye pain occur. think your copd medicine is doing enough? maybe you should think again. ask your doctor about once-daily trelegy and the power of 1-2-3. ♪ trelegy 1-2-3 save at trelegy.com. steve: fox news alert. a third migrant caravan now apparently joining the march toward the u.s. border. ainsley: the pentagon is increasing the number of troops headed to our southern border. william la jeunesse is in mexico with more. william. reporter: ainsley the caravan is not walking today. they are requesting buses to go to mexico city. so they're going to stay here another day, slowing down obviously. they want safe an dignified travel to mexico city. basically for safety reasons. that is because the next stretch of road, the next 100 miles, it is single lane in some cases. it is winding. there are blind curves. for the safety of the caravan as well as motorists they think buses are the best solution. there was election last night here. three men and three women were elected to represent the interests of the caravan. as you know until now this u.s. organization, open borders has been representing them so to speak. maybe they don't have their best interests at heart. now six representatives from the caravan who will speak with government officials about potentially staying here in mexico, the terms of that, or transportation to the u.s. border. as i said it is slowing down and also shrinking, now probably under 5000. police gave me a number of yesterday inside of this abandoned railway station, right now, four thousand. many are sleeping outside. under five right now. some people are dropping out. it is going too slow. i spoke to several people yesterday, listen, this isn't working for us. got to go home. got to make money. there are medical issues, swollen glands, inflamed muscles, sinus issues, ankles, knees, blisters, people don't have that kind of shoes for this walk are dropping out as well. there is a rally last night. several hours. played the movie "coco." or mentioning president trump or bringing in soldiers or putting tents along the border people could be detained indefinitely. no mention of that. these people are uninformed what they face when they reach the u.s. border. if it wasn't for the generosity of mexican people, this caravan could be dead in the water because basically they're depending on food and water to sustain themselves. right now, going forward we're not sure. back to you. steve: william la jeunesse down in mexico with the very latest. ainsley: thanks, william. steve: some on the political left keep blaming president trump for violence in our nation, but our next guest says politicizing the attacks won't have any effect on the midterms. michael goodwin will explain that next. ainsley: barbra streisand is still here after threatening to move to canada if the president won, if president trump won. this morning her bags are really packed. ♪ ito take care of anyct messy situations.. and put irritation in its place. and if i can get comfortable keeping this tookus safe and protected... you can get comfortable doing the same with yours. preparation h. get comfortable with it. hey guys. today we're here to talk about trucks. i love trucks. what the heck is that?! whoa! what truck brand comes from the family of the most dependable, longest-lasting full-size pickups on the road? i think it's the chevy. ford. is it ford? nope, it's not ford. i think it's ram. is it ram? not ram. that's a chevy! it's chevy! that's right. from the family of the most dependable, longest-lasting full-size pickups on the road. gorgeous. chevy hit it out of the ballpark with these. i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome. steve: some on the political left, some on the media continue to blame the president for reese act the of violence in our country. take a look at this. >> at the center unapologetically incendiary president. >> not hard to look to see if it is connected. we've seen rise in hot political rhetoric. >> i think this president's whole modus operandi is to divide us. steve: but our next guest says these recent acts will probably not affect the midterms. he writes about it in a new op-ed. here to explain, "new york post" columnist, michael goodwin. good morning to you. >> thanks,. steve: steve no impact? >> i wrote that on saturday right after the synagogue massacre. my reading of the national mood of course yes the left will try to blame it on the president but events are moving so quickly there are some other issues to focus on, not as though the president's supporters will peel off and suddenly decide, yes, we agree with cnn, he is a racist, he is the worst human being whoever lived. i think those events were horrible but there are some other issues, including how well the economy is doing, including the caravan, including the brett kavanaugh situation. so i think we've had a lot of issues. i don't think these two will by themselves separate and determine the outcome next week. steve: i was reading a column this morning by howie kurtz, he says the president's interview with "axios" really sparked the kind of media reaction he wanted to remind people, hey, remember the caravan. remember immigration which he feels is a winner for the republicans. >> i would agree with that. i think the caravan is front and center again. it was knocked off a little bit by those horrible events but i think it is back. i think there is still the kavanaugh overhang for a lot of republicans and conservatives. i think what unites a lot of these things is the overreach on the other side. the fact that the democrats, for example, rush to blame the president for everything. the way the character assassination attempt on kavanaugh. now here in the caravan you don't hear democrats talking at all about it. they have no plan. they have no alternative idea, other than, we don't like trump. trump sends the military. trump has a plan on birthright citizenship. democrats have no plan. they're going silent because anything they say will be used against them. steve: democratic leaders in washington thought a rallying cry, a winner for them would would be let's you talk about health care. those darn republicans, tried to get rid of the affordability care act and if you have a preexisting condition you're in trouble. >> every campaign comes down to gets define the term of the debate. what is the election about. the president put immigration back on the front burner. even his talk about birthright citizenship is poo-pooed. for a lot of people it strikes the right cord. yes, there are fundamental things we have to do to secure the borders to limit illegal immigration. it's a good political win. it may be substantive in the end. we don't know how congress will deal with it. steve: ultimately the fight is over eyeballs. as people look at images of those now three caravans heading our way, because we've got these loopholes in the law, if they do something about it, change the law, that is if somebody comes to the country, steps foot into the nation, asks for asylum, they have to wind up with due process. there are a lot of people who don't like the law. >> look. brian: michael mukasey, former tone general, and former federal judge says the constitution is not a suicide pact. so america can fix these things. we don't have to give up our country because our laws are filled with loophole or they're the wrong laws. there are ways to fix these things. the president is one of the most skilled politicians we've seen in a very long time. at changing the focus of the debate. he uses the bully pulpit to great advantage. when he goes out there, talks about immigration, and all of these rallies, talks about birthright citizenship in the interview with "axios," he is really focusing the nation's attention on a topic where he wants it to be focused. steve: that is why he has got that twitter. love it or hate it. that is why he got it. >> he uses all the aspects of his advantage. steve: michael goodwin, thank you very much. >> my pleasure. steve: straight ahead kris kobach of kansas helped draft the immigration's policy. he says the migrant caravans are the just the beginning of the left's open border policy. you will hear from him next. nancy pelosi sounding pretty confident about the democrats winning on tuesday. >> let me say this up until today i would have said if the election were held today we would win. now i'm saying, we will win. steve: pounds pretty positive there, what happens if that doesn't happen? 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ainsley: nancy pelosi was on with stephen colbert last night. he was asking her about what is going to happen on tuesday. and she said democrats are definitely going to win. listen to his reaction. a little superstitious. watch. >> let me say this, up until today i would have said if the election were held today we would win. now i'm saying, is we will win. [cheers and applause] we will win. we will win. >> please don't say that. do you want to say that on hillary's fireworks barge that she canceled. please, please, don't say that. >> we will win. we own the ground. steve: doesn't that sound familiar. it was two years ago, people were going, hillary clinton, she is going to win. look at the polls, she is going to win. ainsley: normally he is funny guy, he crossed his arms, i don't like this. don't like it. don't say it. steve: to brian's point you hear your side is going to win, why do i have to go on tuesday and vote because i hear we're going to win? brian: nancy pelosi say i'm speaker of the house. i made it happen. she is pouring money into florida big time as well as mike bloomberg. as well as is tom steyer. they're trying to flood the zone. i don't see any of the polls pulling the democrats away. steve: in "axios" this morning mike allen writes he talked to a democratic operative, they said that if they have a super low turnout, democrats win. if they have a super high turnout, democrat win. but, a medium turnout, that scares them, he says. the gop owns the voters who aren't quite as intense as our voters but who often show up often voters. democrats win, they go high. number wise, win low. in the middle, republicans. ainsley: most experts say senate will remain republican. but it is the house everyone is you have wag. a lot of people retiring. some of these seats are too close to call. and no one really believes the polls anymore because remember in 2016 everyone said hillary would win. hillary didn't even campaign in some. states because she was so confident. steve: look at polls. we had a poll meeting. she did win the popular vote. ainsley: we know that she reminds us. steve: polling was based on raw number. ainsley: right, not the electoral college. brian: base i had on popular vote, deciding a football game on total yards gained. it's a different metric. maximize what you can do in california. in george bush maximize what he does in texas. go into your state to maximize, that is a whole new game, whole new set of rules. steve: it is indeed. we'll know on tuesday night, midnight, maybe. jillian joins with us news out of florida. jillian: let's get right to this. one of florida's top prosecutors says the state's "stand your ground" law is unconstitutional. miami-dade state attorney katherine fernandez run dell, wants the state supreme court to get rid of it, requires self-defense cases decided before a judge instead of a jury. barbra streisand is once again considering relocating to canada if democrats don't win control of the house in the midterms. streisand telling "the new york times," quote, i've been thinking about do i want to move to canada? i don't know. i'm just so saddened by this thing happening to our country. the actress previously threatened to move north if president trump won the 2016 election. so we'll see. prosecutors a team is accused of carrying out a jewelry heist right out of a hollywood movie. >> this is the vault at the bellagio. located below the strip, beneath 200 feet of solid earth. safeguard every dime that passes through each of the three casinos above it, and we're going to rob it. >> smash and grab job, huh? >> slightly more complicated that than. jillian: this man on the screen led a crew of acrobats, electricians, and others to strike 1times between new york city and los angeles. they got away with more than $10 million. 21st century fox and fox news executive chairman rupert murdoch receiving the first ever legends award at the american australian association dinner. the group's goal? to advance relations between australia and the u.s. nfl commissioner roger goodell introducing mr. murdoch at the event in new york. >> no challenge is too daunting for rupert. he builds empires, and once built he finds new frontiers to conquer. jillian: chairman murdoch's father, keith murdoch founded the organization 70 years ago after the end of world war ii. >> if i could end with a thought from my father, i quote, i believe in the good purpose of life, in the beauty of the universe, and the high destiny of man. i believe in the power and the spirit and the triumph of the good in heart. jillian: as you can see our very own harris faulkner mc'd the benefits dinner. ainsley, you were there. ainsley: it was so special. it really was. we know rupert he created an empire. we're greatful to him, given us all a great job, put food on our table, loves all of us, loves this company and pours into your life too. you see him on stage honoring his own father and the legacy his father left behind it is so cool. he is just like all of us, he wants to please his parent. he wants to make his parents proud. he made his dad proud. i'm sure his dad is looking down on him saying well done, son, well done. you build empire, using all tools i gave you t was sentimental and touching. brian: highlights u.s.-australian relations, i understand to our australian correspondent greg norman, he believes our relations are strong. they are still trying to figure out trump interest. maybe he should visit australia. ainsley: i want to go table to table to hear all the accepts. australian accent is so beautiful. brian: they want to hear yours. ainsley: yes. great organization. steve: it is trick-or-treat day. janice joins us from outside. janice: wave everybody, where are you from. hurry, where are you from. >> bernadette. john. >> peachtree city, georgia. janice: you have a anniversary. how long have you been married for? >> 36 years. he is from ohio, i'm from indiana. janice: what is secret? >> compromise and. janice: watching "fox & friends." a lot of canadians watching "fox & friends." i like it. we'll look at the maps. we'll talk about our halloween forecast. this is our trick-or-treat forecast for this evening. rain is across the ohio river valley, interior northeast. along the coast we'll deal with fantastic conditions. gulf coast, texas, louisiana, mississippi, alabama. could you deal with severe storms. look that, snow is wrapping up across the rockies but still i think a lot of costumes will have to have snow suits on top or underneath. there is the future radar. showers and thunderstorms goes across the mississippi river valley tomorrow. keep that in mind. listen to the local forecast. stay indoors if you have to. i'm sure your parents give you candy. i would. there is forecast for precipitation. real quick, why did you guys fall in love? >> because she looks like janice dean. janice: yes. that is amazing. >> he says i'm kissing janice dean. janice: my goodness. all right. brian: line of the day. ainsley: that's great. he pictures you, when he kisses his wife. steve: all right, jd. janice is out the street and brian hitting the road on friday. brian: andrew jackson book is in paperback. going to the ford library to speak at the ford museum. gerald ford. that sold out. but on friday i will be at shula books in grand rapids. saturday, elkhart, indiana. with the noise event with our affiliate wibc out there. back-to-back and home on sunday. ainsley: working hard. brian: you seem surprised. 19 minutes before the top of the hour. we've shown you video of protesters heckling marsha blackburn during a moment of silence. but apparently they're too shocking for google? that is censorship, next. making my dreams a reality takes more than just investment advice. from insurance to savings to retirement, it takes someone with experience and knowledge who can help me build a complete plan. brian, my certified financial planner™ professional, is committed to working in my best interest. i call it my "comfortable future plan," and it's all possible with a cfp® professional. find your certified financial planner™ professional at letsmakeaplan.org. ♪ >> a moment of silence. >> marsha blackburn is a white supremacist. [bleep]. [bleep] ainsley: welcome back to some quick headlines. google accused of trying to sensor marsha blackburn campaign ads, saying they show shocking content. "daily caller" saying not approving campaign videos showing protesters interrupting her moments of silence for pittsburgh synagogue victims. taylor swift announcing she voted for blackburn's democratic opponent, phil bredesen. the pop star wrote, we voted to the candidate proven himself to be reasonable and trustworthy. we want leadership, not fear based extremism. swift appearing to refer to blackburn who she bashed on instagram earlier this month. ainsley? ainsley: immigration is one of hottest topics in our country right now including the migrant caravans making their way up to the southern border. steve: he says this is just the left's next stage of their open border policy. brian: kansas secretary of state and candidate for governor, kris kobach joins us right now. chris, first off, what the president is doing is not new to you. did you ever think we would get to the point where 5000 military members would be sent to the border? >> you know, we've sent the national guard and the military to the border before but send them in advance of these massive caravans, no, i didn't think we would get to the point where illegal aliens entering our country would be coming in groups of 5000, 7,000, with the media in tow. normally in past we've seen small groups sneaking in the dead of night. this group is coming in broad daylight, demanding entry into the united states. steve: what about the president suggesting in an interview with "axios" saying that with a executive order he would end birthright citizenship. >> people are under the misi am preg the 14th amendment commands it. it doesn't say all persons born in the united states are citizens of the united states. it says all persons born in the united states and subject to the jurisdiction thereof are citizens. and what that meant according to framers of the 14th amendment in 1866 if you're here temporarily, if you're a foreign diplomat, if you're a foreign visitor, you don't become a citizen if you have a child or that child doesn't become a citizen. same thing with foreign army. if some one has a child, that person doesn't become a citizen. so obviously illegal aliens and temporary visitors are not citizens of the united states by birth here don't have to be under 14th amendment. the way congress can change it or the way statute is currently drafted the president can change it through regulation. ainsley: i know you want to be the next governor of the great state of kansas. you are neck-and-neck with your open point. you're at 44%. laura kelly at 43%. if you have people watching right now, they're still on the friends what would you like to say to try to win this election? >> i would say look at the issue we're talking about right now, the caravan. one of the reasons we see such mass immigration to the united states because many states are rewarding illegal aliens with welfare benefits and kansas unfortunately is one of them. we give in-state tuition benefits, we give other welfare benefits. we have sanctuary counties. my opponent voted for all these of those things. i obviously will get rid of all three of those things. this is decisive issue. steve: i'm from kansas. donald trump won the state by 20. why is it so close? >> i think you may remember, steve, we have a history in kansas for the past 50 years of alternating between republican and democrat governor administration. steve: absolutely. >> even though our presidential totals are very strong in the republican column, our governor races have always been very close. steve: they have indeed. we reached out to laura kelly's campaign. she declined to appear on the program. ainsley: we would love to talk to her. she is always welcome. wish all the best. >> thank you very much. brian: kris kobach, wants to the be next governor of kansas. 11 minutes to the top of the hour. ainsley: coming up next. a "fox & friends" tradition. stick around for the most adorable halloween parade you've ever seen. aren't they cut? steve: first here is bill hemmer. >> boo. ainsley: a lot of babies in our green room. >> i can sense that. morning to you guys. in six days can you feel it. what is the president's travel strategy. figure a lot of this out. we have all the angles. martha mcsally in a tight raise in arizona. she will make her case live here in a moment. is california the decider in the house? a great lineup. see you on halloween, 11 minutes away. t. >> student: i did mine on volcanoes. >> teacher: you did?! oh, i can't wait to read it. >> tech vo: so when she had auto glass damage... she chose safelite. with safelite, she could see exactly when we'd be there. >> teacher: you must be pascal. >> tech: yes ma'am. >> tech vo: saving her time... [honk, honk] >> kids: bye! >> tech vo: ...so she can save the science project. >> kids: whoa! >> kids vo: ♪ safelite repair, safelite replace ♪ >> halloween time, guys, time to continue one of our favorite "fox & friends" tradition. our annual halloween parade. steve: first to trick-or-treat, first contestant, jackie bring your kids on up. we have dakota, jude and vince. >> here you go. ainsley: i like your earings. brian: this is supposed to be one fun house. >> we are very busy. ainsley: what are they dressed as? >> uncorn girl. steve: girls, come on over here. there you go. stand right there. come on over here. brian: i think it is time for kelly cramer's daughter he will la. steve: escorted by, kelly. ainsley: you are so cute. kelly is about to have another one. next year you will be carrying two. precious girl. what is she dressed as? >> tinkerbell. brian: if you, you want vegetables. ainsley: you want can't did i? what does she like? >> anything. steve: there we go. next up we have allison. brian's producer on the radio. brian: this is richard. ainsley: hi, richard. putting his finger in his chin dimple. that is so cute. steve: candy. ainsley: he is so beautiful. >> he loves america. we have a flag. ainsley: are you loving being a mama. >> oh it is the best. he a good kid too. steve: are you talking about brian? brian: she is raising me too. step on over here. ainsley: this is lena. come on over with her precious two little children. she just had a little girl. her husband, matt, we okayed overnights for years. we got promoted to "fox & friends." i have known this family forever. they are so cute. brian: okay. ainsley: what is she dressed as? >> bat girl and batman. ainsley: is she a good baby? i know she is. i know you're a good big brother. brian: don't like sweets evidently. steve: final sisters, julia and lydia. ainsley: come on over, girls. what are you dressed as? what are you dressed as today? >> ariel. ainsley: you're beautiful. >> moana. ainsley: you're so cute and smart. brian: dig into the cauldron. ainsley: their dad worked with me on overnights too. we all started on the overnights. right, jacqui? steve: luke, come on over here with your mom. ainsley: luca. hi. hey, lauren. steve: is that reindeer? ainsley: he is a deer. hi, cutie. steve: go on -- ainsley: isn't it? steve: he is over with her daughter. ainsley: debbie is executive producer. is that the right title, of "fox & friends" first. we love her. hi. just had a baby. what is it like having two? >> precious olivia. ainsley: okay. steve: thank party city, spirit halloween and disney store for amazing costumes. foxandfriends.com. we'll be right back. jority of as lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? (vo) and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? (vo) a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? ♪ ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis. do not share needles or pens. don't reuse needles. do not take ozempic® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. stop taking ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. serious side effects may happen, including pancreatitis. tell your doctor if you have diabetic retinopathy or vision changes. taking ozempic® with a sulfonylurea or insulin may increase the risk for low blood sugar. common side effects are nausea, vomiting, diarrhea, stomach pain, and constipation. some side effects can lead to dehydration, which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ (vo) ask your healthcare provider if ozempic® is right for you. >> thanks to everybody for stopping by today. if you're out trick and treating tonight, be careful. >> cutest kids in america. >> bill: good morning. fox news alert. the fight over president trump's plan to end birthright citizenship rages in washington while some republicans call hypocrisy on the left. i'm live inside of "america's newsroom," i'm bill hemmer. >> julie: i'm julie banderas in for sandra smith this morning. critics slamming the president's plan saying an executive order on birthright citizenship is unconstitutional. sarah sanders is placing blame on the democrats. >> let's not forget why we're even here at all. that's because of the failure of congress, democrats in congress to actually do their job. again, the president is going

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