York City Police Officers was embarrassing. You dont turn around and get back in the car and drive away, you take the perpetrator into custody. The blame hes placing on bill diblasio and the reaction erupting online. And brothers in blue not just by the badge, the heartwarming story that will make your morning. Fox and friends first starts right now. And good morning to you, you are watching fox and friends first on this tuesday morning. Thank you for starting your day with us and we begin with that fox news alert, the number of deaths in the El Paso Walmart massacre rising is two more victims die in the hospital just days after a gunman opened fire. All of this as we learn how that suspect and up in the store in the first place. Jonathan syria has brandnew details. Is authorities investigate this case as a possible hate crime they are searching for a motive. City officials believe the gunmen may have targeted el paso because it is a border town that prides itself on bicultural population but where he struck in this town may have been random. He took 7 or 11 from texas to el paso and was lost in the neighborhood. After that he found his way to walmart. This carpenter on his victims using handmade memorial delivers wooden crosses to a Gathering Place overlooking the crime scene in el paso. It has become a place for prayer and hope. If you look around, so many people have come down to support us from so many different places. I talked to a few that came from everywhere and regardless of color they are here and supporting us so it is not about that. Reporter two victims with serious injuries died in the hospital increasing beautiful 22, police of a release the names of all of the victims, ranging in age from 15 to 90. From the white house donald trump offered the sympathies of the grieving nation. Our hearts are shattered for every family whose parents, children, husbands and wives were ripped from their arms and their lives. America weeps for the fallen. We are a loving nation and our children are entitled to grow up in a just, peaceful and loving society. Organizes say 1500 people attended a memorial vigil for the youngest victim, Xavier Rodriguez who would have started his sophomore year in ice, friends say he was a good student and enjoyed soccer. And police say a total of 27 people suffered injuries, 15 of them remain hospitalized, 2 of them in critical condition. Back to you. Lets hope they all recover. Jonathan syria live for us this morning. Ohio Governor Mike Dewine is expected to unveil some new gun and Mental Health measures after a gunman opened fire on a packed street in that state killing 9 people. He has backed Senate Leaders on passing red flag laws which would remove guns from person found to be dangerous, donald trump supporting those laws. Officials say the shooter fired off at least 41 rounds with his ar 15 rifle. He did that in just 30 seconds before being shot and killed by police. He had 250 rounds on him. One of the victims his own sister. A motive remains unknown. The memorial continues to grow in downtown district. Much more to come on that. Donald trump is expected to visit el paso and dayton tomorrow after strongly condemning racism in the wake of the two Mass Shootings the killed 31 people. Griff jenkins joins us with more on the push for Bipartisan Solutions to gun violence. Reporter setting partisanship aside and find common resolutions to violence but first he addressed the white supremacist sent hate in our country. In one voice our nation must condemn racist bigotry and White Supremacy. These sinister ideologies must be defeated. Hate has no place in america. Mental illness and hatred pulled the trigger, not the gun. Reporter the Lawmakers Said the president s words dont go far enough. They Want Congress to pass guncontrol legislation. Democrats across the board demanding Mitch Mcconnell returned to washington. Mcconnell, not calling for lawmakers return, issued a statement saying republicans are prepared to do our part. I spoke with chairman graham on the senate judiciary, chairman wicker of the Senate Commerce committee and chairman alexander of the Senate Health committee and ask them to reflect on the subjects the president raised in their jurisdictions and encourage them to engage in bipartisan discussions of potential solutions to protect our Community Without infringing on americans Constitutional Rights as protesters gathered outside his kentucky home where he is recovering from a fractured shoulder. Former president obama weighing in on this saying we should soundly reject language coming out of the mouths of any of our leaders that the the climate of fear and hatred or normalizes racist sentiments. El pasos mayor looks forward to the president s visit tomorrow. He is coming out here on wednesday. I asked donald trump to support our efforts on federal resources. A recovery is no small task. Reporter as for renewed calls on gun control the real question is, in this divided washington can they get it done . That remains to be seen. Shannon should have returned to get it done . Griff jenkins, thank you. In addition to condemning weight extremism interesting terrorism donald trump is considering Legal Initiatives to curb gun violence. Andrew pollock who said donald trump is right to put politics aside as he looks for real solutions. Politicians jumped on these events and push the political agendas and they arent even in the ground yet, and pushing an agenda without even looking at the facts of what went wrong. Every channel and every politician jumped on that bandwagon of guncontrol and i took a step back. Let the police do their job pushing an agenda. That is not going to solve anything. When i think of someone who in that walmart hoping to get saved and there is no one coming to save you. They are sitting like my daughter on the third floor. To push the gun control agenda and take our rights away from victims, i couldnt be there for my daughter and my daughter got shot at point blank and a lot of other victims so to me it is important we can defend ourselves in a mass shooting situation. The Administration Says it is looking at enhanced background checks and the president is open to a discussion on an assault weapons ban. Overnight china threatening to take action if the us sets up new missiles in the asiapacific region. China will not stand idly by and be forced to take countermeasures should the us deploy groundbased missiles. The warning coming days after marcus first spoke in favor of deploying the weapons within months. The us pulling out of a Nuclear Arms Control treaty that china was not a part of sparking fears of an arms more. North korea threatening to take a new road after fire four missiles. The third launch in weeks, the us and south korea started new joint military drills. The rogue nation calling that a flagrant violation of peace talks as the United Nations accused north korea of funding its Nuclear Program by stealing 2 billion from banks through cyberattacks. The man who mailed pipe bombs to high profile democrats and media organizations will spend 2 decades behind bars, in tears telling the court he was, quote, beyond sorry for sending 16 packages to target including hillary clinton, cnn, and people he considered critics of donald trump. He faces the possibility of life in prison but a judge ruled he never intended for the bombs to explode. The granddaughter of Robert F Kennedy has been laid to rest. Family and friends gathered in cape cod to say their last goodbye to certify kennedy hill who died from an overdose, she would be buried next to her aunt who committed suicide in 2012, the niece of fox news correspondent douglas kennedy. A fox news alert donald trump calling for Mental Health of guncontrol after the shooting so what action can Congress Take . Attorney Jenna Ellis Reeves has congress has to stick to the constitution and she is here live. Barred from the ballot, not so fast. The roadblock to californias new law to get Donald Trumps tax returns. Termites, feasting on homes 24 7. Were on the move. Roger. Hey rick, all good . Oh yeah, were good. Were good. Termites never stop trying to get in, we never stop working to keep them out. Terminix. Defenders of home. Voice our nation must condemn racism, bigotry and White Supremacy. These sinister ideologies must be defeated. Hate has no place in america. Donald trump condemning racism and White Supremacy while calling on congress to act in the wake of the deadly texas and ohio shooting but what does congress have the authority to do . A constitutional law attorney would know, trump 2020 Advisory Board member, thank you for joining us. A lot of talk about congress and how they should return from break to get something done but realistically what can congress do in terms of guncontrol . What could they get done . Congress has more limited authority than Lindsey Graham or anyone else would like to believe. In the wake of these tragedies everyone is saying lets get something done but lets remember the constitution preserves and protects our individual rights and one of the specifically enumerated rights is the right to selfdefense and to keep and bear arms of congress has very limited authority of what they can do and they still have to stay within the margins of the u. S. Constitution because red flag laws like they are calling for have to make sure they abide by due process and our system of government does not punish individuals preemptively before they commit crimes so we can do you do deterrence, but a lot of different measures but we have to make sure it abides by due process. Shannon before we get to red flag laws i want to ask about this tweet donald trump sent out, in this tweet if we can pull it up he married guncontrol laws with immigration. Would that be a possibility . It always depends on statutory construction and this would be congresss. View. They are the legislative branch, donald trump is right to call on congress to act but we have to make sure the legislation itself is constitutional. For Immigration Reform absolutely when he calls for border control, to make sure people are here legally. Shannon could the two be brought together . They could depending on how it is phrased so making sure we have everything within the margins of the u. S. Constitution and anyone who is here legally even if they are an immigrant that they are provided due process and all of their fundamental rights are equally protected. He talked about changes in Mental Health laws to help with guncontrol. What about that is a possibility in terms of Congress Getting involved . That is a possibility but the danger is congress cant be too overbroad. My concern with what Lindsey Graham said yesterday as he is trying to tie this with funding and thats a way to manipulate the states, take money from the federal government to manipulate them to do what the federal government is asking for that goes against our entire notion of federalism so we have to make sure we are protecting the lawabiding Citizens Rights while we look at things like Mental Health, while we look at making sure to prevent, but again we are obligated as a government not to prevent people who are otherwise lawabiding citizens from exercising their rights but punishing that goes to what we wanted to hit on which is the red flag laws and individual states, we can bring up 17 states that have enacted red flag laws already with four other states proposing them. The question is can we make this a federal goal and should we . Im hearing you say we should not. I dont think we should because this does not fall within congresss purview. What Lindsey Graham suggested was to tell the states we will give you money if you go along with what we want you to do, that is a very bad idea. People here about, take the ohio shooter specifically, there were red flags that showed up with him in terms of this kill list and rape list he had in high school, a friend he pulled a gun on who is no longer his friend, red flag like that. Is that what we are talking about . Could it infringe on the rights of others . Potentially. We can always look back after the fact and say now that we know this person has become a mass shooter we can look at it through the lens of 2020 vision but when we make sure we look at what red flags would be across the board up front we have to be very careful that we are not putting everyone categorically as presumptively criminal simply because they may exhibit certain similar behaviors such as video games which donald trump is right to look into, look into Mental Health, we have to be careful with red flag laws the we are still abiding by due process and are overbroad by taking away your and my right as lawabiding citizens while trying to protect the country. You know the constitution. Thank you so much, we appreciate it. The time is 19 after the top of the hour and a third shooting plot foiled at the last minute. How the suspect thats grandmother stopped him from carrying out the attack in new york City Police Officers take the high road after being assaulted in and doused with water but someone thinks their actions were embarrassing. Carly shimkus with your reaction to those comments up next. Heather the New York Times caving to democrats who didnt like the papers headline following Donald Trumps address where he called for unity. That was the first one. Carly shimkus with serious xm 115 is here with online reaction. Reporter following Donald Trumps piece where he condemned the shooting the New York Times announced the cover of todays paper would read trump urges unity versus racism which he did do. He urged unity and this led to widespread backlash from his critics. Look at these tweets. Beto orourke tweet unbelievable. Kirsten gillibrand says that is not what happened. Cory booker responded lives literally depends on you doing better, New York Times, please do. And bill diblasio said, hey, New York Times, what happened to the truth is worth it, not the truth, not worth it. The paper changed the cover and it will now read as hate but not guns. That is how that shaped up. You can debate if it is appropriate for a paper to change what they were going to say based on a Certain Group of people. Democratic candidates and a lot of other media, the mainstream media. Why wouldnt you want to put on the paper on the front page unity . Lets all unify . Lets move to the second topic. Governor cuomo being slammed by nypd brass over response to the water dousing videos we have shown you and what is he saying . He calls the moment and embarrassing one. One of the most disturbing, embarrassing situations that i have seen. I dont know how we are training Police Officers, when you are basically assaulted and it is an assault you retreat. He is blaming Police Leadership for improper training and the head of the nypd police union agrees with cuomo saying cops who dont have support from the mayor or the Police Commissioner and therefore you see situations like this where Police Officers literally feel they have to walk away rather than make an obvious arrest. When twitter user said it is amazing the state has any functionality. We pick interesting leaders. Shannon they are afraid to respond. Bill diblasio has come out against these what about the tax but hasnt criticized the past for making anticop statement and not supporting the nypd. Thank you, appreciate it, 26 minutes after the top of the hour, suspected el paso shooter posted a racist manifesto on the anonymous message board a chance were other recent attackers posted their extremist messages so just how dangerous is online radicalization and how exactly do we fight it . Our next guest has a solution. The video is incredible. And suv going airborne crashing into a tree. And offduty officer is there who saved the driver. That often joins us live, stay tuned for that. We are back with a fox news alert, 22 people now confirmed dead following the deadly shooting rampage at an El Paso Walmart after doctors who two patients died in the hospital. City Officials Say the gunman targeted el paso because of its bicultural population but where the shooting occurred, random. 10 11 from texas to el paso. Is an is he got here, he was lost in a neighborhood. After that he found his way to the walmart. Police say the suspect is cooperating with their investigation. 15 victims remain in the hospital. In ohio today, Ohio Governor mike the wine is expected to unveil new gun and Mental Health measures after a gunman opened fire on a packed street killing 9 people. Officials now revealing the shooter fired off at least 41 rounds with his ar 15 rifle in just 30 seconds before being shot and killed by police in dayton. He had 250 rounds on. Governor the wine ha