Liberal ninth circuit instead. The latest legal battle enough to block the border policy . What we are learning about the american hero. This iconic world war ii photo. Fox and friends first starts right now. Heather you are watching fox and friends first on tuesday morning. Thank you for starting the day with us. Another busy one on tap. Rod rosenstein expected to step down next month. The departure after former fbi Deputy DirectorAndrew Mccabe revealed an inside job to remove donald trump from office using the 25th amendment. Griff jenkins live in washington with how the president is responding. Reporter the president is not the only one responding, we previously reported, bill barr took over. The confirmation that barr will replace rosenstein with Jeffrey Rosen. He previously served as general counsel and senior policy advisor for the office of management and budget under george w. Bush, the dot prior to that, these changes in the wake of that firestorm by fired fbi director Andrew Mccabe suggesting rosenstein discussed the 25th amendment to drive donald trump from office, willing to wear a wire and claims the doj dismissed. The president was tweeting. The abuse of power and Corruption Scandal in our history is much worse than we thought. Andrew mccabe admitted to doing this when serving in the fbi, before he was fired for lying and leaking. He knows sean hannity and fox news and says treason. Senate judiciary chairman Lindsey Graham wants to know more. A significant moment in American History of true. Oversight is part of my job, checks and balances, Congress Watch those who watch us, try to find out who was in these meetings and talk to all of them. Somebody is lying. Reporter the official announcement of Jeffrey Rosen being picked may come as early as this weekend also comes from senator graham. Heather i wonder if we will see a timeline on that change. Mccabes notice to lunch his own probe into donald trump are under fire. Victor davis hanson says he and other top fbi leaders were expecting to be praised for their actions if Hillary Clinton was president. Trump is a special case, that would be the best take on it. The worst case is they thought all along when they started this during the campaign, Hillary Clinton was going to be elected and that behavior would normally be excused if not rewarded and once that failed we will take this dossier when he says he opened up a counterintelligence investigation he had grounds for doing so. And rumors and smears and slander and the dossier he had been told in 2016 by bruce or himself that his spouse worked on. That is all just rhetoric. Donald trump calls it illegal and treasonous. California leading a multistate lawsuit against donald trump. Emergency declaration, taking the legal battle to the liberal ninth Circuit Court claiming the action is unconstitutional after the president declared a National Emergency allowing him 6 billion in military funds to build the southern border wall. The states say moving money where their economy. The failed 2016 president ial nominee taking aim at the declaration. Hillary clinton pushing Donald Trumps efforts to secure the border, the secretary of state tweeting, quote, the real National Emergency is religious gun violence, children separated from their families, climate change, americans dying for lack of healthcare. President s day saw thousands of people protest nationwide against donald trump and his National Emergency over the border wall. Fox and friends for cohost Robert Schmidt talk to those activists and joins me with more. A huge crowd. Maybe 150, 200 people, another antitrump protest in union square in manhattan and it was pretty colorful, the songs they wrote, they are good at protesting. One of 275 protests across the country, 16 different states filed lawsuits against the president s declaration in the ninth circuit as well as the number of organizations filing lawsuits. I went to union square to check it out. Im a progressive person. What this president is doing is unforgivable. The of the lies, sick of the destruction of democracy happening in the last two years. The president present a legitimate threat. Is trying to bypass the will of congress. If this is and fascism i dont know what his. Antiimmigration or antiillegal . These antinonwhite immigration is what i think. The National Emergency declaration, what do you make of it . There is no National Emergency on our border. There is no crisis. There is a crisis on the planet if we want to talk about climate change. The National Emergency is trump. What should it look like . The country needs secure borders, to treat people with compassion and dignity. Reporter you believe in some kind of barrier but not a wall from sea to see all the way across . I believe there are smart ways to control immigration. Never denied we need a safe border. We have a problem building a massive wall is not going to fix anything. Reporter you think there should be any border at all between countries . I dont know. Ive thought a great deal about it and im not sure there should be a border. We should have an open border. We dont need a wall. Thats 5 billion that could be spent on things that could make more substantive change. It depends on who you ask. There were a slew of different opinions. A number of different protests within this group. There was anger from one protests to another protest. You saw people with a more pragmatic we need a border, we dont want the wall and a lot of people saying give us open borders. There should be a global community. The nato supporters and far left liberals but a lot of moderates as well. Kind of a slew of antitrump. Heather like how you described it, colorful. Reporter they know how to protest. Heather donald trump addressing the crisis in venezuela warning against the dangers of socialism. Socialists have done in venezuela all of the same things socialists, communists, totalitarians have done everywhere. They had a chance to rule. The results have been catastrophic. This will never happen to us. Heather the president telling a crowd of venezuelan americans in miami than a new day is coming up. He slammed Nicholas Maduro for blocking humanitarian aid from entering the country and reiterated support for interim president juan guaido. First responders saving 16 people stranded on an Amusement Park ride overnight. Passengers including children and a baby were left hanging over water in san diego, it took hours to save them one by one, lowering them into rescue both using harnesses. This you world ride came to a sudden stop after a strong gust of wind tripped the circuit breaker. The ride will be inspected before it reopens. Scary. Happening today. The missing colorado mom heads to court. Prosecutors try to prove theres enough evidence to put patrick frady on trial, her body has never been found. Her parents say he killed her over a custody dispute surrounding the couples oneyearold daughter. An update for you. Ruth Bader Ginsburg expected to return to the Supreme Court bench today. Arguments for the First Time Since having surgery to remove cancer in her lungs. Shes been working from home before her recent absence, she never missed and moral arguments and being confirmed in 1993. Time is 11 minutes after the top of the hour and donald trump says the chaos in venezuela should be a warning to everyone in america. Socialism promises a Better Future but it always returns to the darkest chapters of the past. Heather debbie desousa was born in venezuela and says what is happening there is a threat to our country, she joined us next to explain. One waitress gets a big tip for a small check. The heartwarming story behind this photo is going viral. In a crossfit gym, were really engaged with who we are as people and making everybody feel welcome. Ordering custom ink tshirts has been a really smart decision for our business. I love the custom ink design lab because its really easy to use. They have Customer Service that you can reach anytime. Tshirts help us immediately get a sense of who we are as a group. From the moment clients walk in, theyre 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. We know the truth about socialism. Socialism promises prosperity but it delivers poverty. Socialism promises unity but it delivers hatred and it delivers division. Heather donald trump denouncing socialism in venezuela and slamming the maduro regime assuring americans this time the danger of socialist society will never have a place in our country. What, if anything, should the us be doing . Debbie was born in venezuela and joins us with her message about the true impact of socialism. Really appreciate it. I once to begin with this. In terms of what the president had to say last night. Speak to that and add your experience. Donald trump was correct, socialism is the opposite of freedom and democracy. The promise of socialism, freeforall, free for everybody. And everybody becomes equally miserable. The only people that benefit are the government elite, the ruling class. Everyone else suffers from it and the message is socialism is not what kids think these days. They think it is cool, free this, free that, free school, and it is not. It robs the workingclass people from their labor. I want to equate it to something it would be slavery, it is present day slavery. In terms of what the us should do. Listen to the message to the maduro regime in the military specifically. We want to restore venezuelan democracy. If you choose this path, the opportunity to forge a safe and prosperous future, continuing to support maduro. You choose this path, you will find no safe harbor, no easy exit, no way out. You will lose everything. The maduro regime, will probably have impact. Maduro is a tyrant and tyrants dont usually give up power willingly. The military in venezuela is right now under his watch and they are very, very subjected to him so the only way he can help you to talk to the military in venezuela and ask them to please do the right thing. And help get this tyrant out. Heather he i want to reference what you are speaking of in terms of young people not realizing what socialism is and what the implications are. We have this poll that 50 of self identified liberals have this favorable view of socialism. Why do they seem to want to mirror a situation we see unfolding in venezuela, also when we hear potential 2020 Democratic Candidates for president speak to the socialist agenda as if it is a favorable thing . They dont understand what socialism is. They hear the rhetoric and fall for the lies. They think socialism is a good thing, that it is humanitarian, that it helps the poor but it doesnt. It robs people of their own labor. In venezuela that is what happened. People started to flee the country because they no longer could stay in a country that had everything nationalized. So the humanitarian aid is something that they needed maduro being the tyrant that he is is not letting them have it so the only way to have that for the people is to remove that tyrants. Heather thank you so much for joining us, we appreciate it. The time is 20 minutes after the top of the our. Kamala harris says shes not like Bernie Sanders and alexandria cardio cortez. The democratic socialists part of the party. Im not a democratic socialist. Heather she is trying to split from the socialist wing of her party. Social media spread. The juicy small it story is falling apart. Carly shimkus with more. Want more from your Entertainment Experience . Just say teach me more. Into your xfinice remote to discover all sorts of tips and tricks in x1. Can i find my wifi password . Just ask. [ ding ] show me my wifi password. Hey now [ ding ] you can even troubleshoot, learn new voice commands and much more. Clean my daughters room. [ ding ] oh, it wont do that. Welp, someone should. Just say teach me more into your voice remote and see how you can have an even better x1 experience. Simple. Easy. Awesome. Heather social media accused of censorship again. They are trying to hide post about the now disputed hate attack on actor Jussie Smollett. Carly shimkus with serious xm 115 here with more on the viral controversy. I will answer anything from you. Donald from junior says facebook owns instagram, remove the post of his that marked the Jussie Smollett story. He later went to instagram and complained, you center any conservative voice but theres nothing in here that wasnt covered in every news source, it was fine to discuss at length but now it is a hate crime, and instagram told the daily call his post was removed in error. Moving on to facebook, conservative authors say that their posts about the Jussie Smollett story were also banned from the site. One of them was from the daily caller, a facebook message saying her post goes against Community Standards and folks are sounding off on social media, one person taking to facebook saying unreal they would take it down but hate speech toward conservatives is okay and another Facebook User said this sort of censorship continues i am done with every media outlet that doesnt present both sides of the debate. This is happened so many times. The post was removed as a mistake but how many mistakes todd 1 why these things are happening and stop it from happening. Ill on omar in this message that went out. Reporter omar had to apologize for antisemitic tweets and she is seeing support from wellknown antisemite louis farrakhan. Sweetheart, dont do that, you do have a sweet heart and your is using it to shake the government up. You have nothing to apologize for. Reporter a lot of folks on social media talking about this was when twitter user says telling omar not to apologize for her antisemitic comments, absolutely disgusting, tom tweets will omar condemned the speech . Not the person most politicians want support from. Heather this iconic picture everyone will recognize from world war ii. We see this beautiful picture before. The man kissing that nurse, somebody the end of world war ii, has died. He reflected on that photo saying he was so happy world war ii had ended that he grabbed her and kissed her even though the two had never met before. He died two days shy of his 96 birthday. One of the times the entire nation was relieved and joyous without exception it will rain says rest in peace, thank you for your service. Very proud of that photo and service, we thank him. A lot of artists have replicated that in paintings and murals and things like that. Thank you. The time is 28 minutes after the hour. 16 states are suing to stop Donald TrumpsEmergency Declaration for the wall. Not on the list, pennsylvania. Mike kelly says that is because his state wants to protect the American People and he joins us up next. This is an urgent message from the International Fellowship of christians and jews. There is an emergency food crisis for elderly Holocaust Survivors in the former soviet union. This is a fight against time. What we are dealing with is coming out meeting someone who is 85, 90 years old, cant get around, has no food, has no water, and just wants to give up and die. And thats where we come in. We are called to comfort these people. To be a blessing to their lives. For just 25 well rush an emergency survival package to help one desperate elderly person for a month. Call right now. Soft melancholy music in ukraine there is no support network. They dont have food cards or neighbors that come in to help. Theyre turning to us because they have no where else to turn. Your gift is a lifeline to help these elderly jewish Holocaust Survivors. Help them to live out their final years with dignity and love. Call right now. Soft melancholy music what i pray is that you wont turn your eyes but you will look at their suffering and your heart will be changed. With your gift of just 25 we can rush an emergency survival package to help one desperate elderly person for a month. Call right now. Soft melancholy music heather a look at our top stories, Rod Rosenstein expected to step down as Deputy Attorney general next month. The departure coming after a bombshell admission from Andrew Mccabe about an inside job to remove donald trump from office. Deputy secretary Jeffrey Rosen expected to replace him. No school today, for 250,000 children in West Virginia as teachers had the picket lines hours from now upset about a new Education Bill that would use public money to Fund Charter Schools and private school vouchers. The same teachers went on a strike for 13 days last year triggering a series of teacher strikes across the country. California has a lawsuit against Donald TrumpsEmergency Declaration, 16 democratic attorney general taking the legal battle to the liberal ninth Circuit Court, they say the president using money to build a border wall will hurt their economy. Penns