Warning to voters about election day chaos and a far left future. Welcome to the pandemies. Of course we dont have an audience, this isnt a maga rally, its the emmys. The emmys get political, the good, the bad and the ugly of this years awards show. Fox friends first starts right now. Its a beautiful morning. Ah, i think ill go outside for a while. And just smile. If you like that chilly fall weather its a beautiful day, at least in new york. Todd it was a beautiful weekend. I was in your neck of the woods, its beautiful down there. It is. We welcome you with open arms. Good morning to you. You are watching Fox Friends First on this monday morning. Im jillian mele. Todd we welcome you with open arms as well. Im todd piro. The Supreme Court draped in black to honor the life of Ruth Bader Ginsburg as the nation mourns her passing. Jillian the debate intensifying of on whether President Trump should fill the seat ahead of an election. Todd Griff Jenkins joins us with the latest. Reporter good morning, todd and gillian. Justice ginsburg, a champion of womens rights with an ill illustrious legal career. Thousands came here to the Supreme Court over the weekend to pay their respects and it comes as the senate is returning to washington today, gearing up for a bruising fight over the president s intention to nominate her replacement with joe biden appealing to Senate Republicans to wait until after the election. Listen. Donald trump wins the election, then the senate should move on his selection and weigh the nominee he chooses fairly. But if i win this election, President Trumps nominee should be withdrawn. As the new president , i should be the one who nominates Justice Ginsburgs successor. Reporter Speaker Pelosi vowing to fight tooth and nail, threatening impeachment within the realm of tactics to stop the process. We have our options. We have arrows in our quiver that im not about to discuss right now. But the fact is, we have a big challenge in our country. This president has threatened to not even accept the results of the election. With statements that he and his henchmen have made. Reporter numerous democrats are threatening to pack the court and say things like nothing is off the table, these are bizarre and dangerous power grabs by democrats who will stop at nothing to erode the constitution to enact the radical agenda. This comes as republican senator Lisa Murkowski becomes the second gop vote after Susan Collins to say she will not support moving forward on a nominee, writing in part, i did not support taking up a nomination eight months before the 2016 election to fill the vacancy created by the passing of justice scalia. The 2020 election is less than two months out and i believe the same standard must apply. Majority leader mcconnell says he plans to move forward today. We have all eyes on senators like mitt romney, cory gardner and Chuck Grassley to see where they stand. Democrats need two more votes to block a nomination. Todd so much of our next couple of weeks are going to be filled with which one of those senators is going to cave and which one is going to stick their position out. Who knows, griff. Youre there at the Supreme Court to keep us posted to keep jillian massachusetts congressman joe kennedy the third tweeted, quote, if he holds a vote in 2020 we pack the court in 2021. Its that simple. And house judiciary chairman jerry nadler tweeting if senator mcconnell and the senate gop were to force through a nominee during a lame duck session, then the Incoming Senate should look to expand the Supreme Court, filling the vacancy during a lame duck session is undemocratic and a clear violation of the public trust in elected officials. Congress would have to act and expanding the court would the right place to start. Todd as democrats look ahead to potentially packing the court, charlie kirk warns against a split court in the immediate future. I think it would be a mistake to leave the court with only eight people going into a most likely contested president ial election. Bush versus gore showed up thatt when elections go to the courts, you need an order number to break the tie. I think it would be irresponsible constitutionally for Mitch Mcconnell and the republicans to leave this with eight people and possibly being a tie. I think that would probably spell more chaos. Todd where does the constitution stand on all this, judge Andrew Napolitano answers that question live, next hour. Jillian sparks flying on the campaign as november 3rd looms closer. Todd President Trump slams joe biden over his far left policies and mailin voting. Jillian the democratic nominee is pushing back. Jackie abanez joins us live with the war on words. Reporter the candidates are not holding back any punches. In an exclusive fox news interview, President Trump warns of potential election week chaos due to a surge in mailin voting. The president called it out. Take a look at the governors in charge of the ballots. Beyond partisan. In many cases political hacks. Reporter among the states sending out ballots to voters is new jersey, thats where senator cory booker is encouraging voters to let their voices be heard. Early ballots are going out across the country. We need to win this election. Everything is on the line and that should be in my opinion the focus right now. Reporter the president also taking aim at the democratic partys far left policies, calling them regressive. We could be if that kind of stuff gets put in, we will be except on major steroids. Reporter former Vice President joe biden fighting back and accusing the president of dividing the nation. This nation needs to come together. Donald trump seems to want to divide this nation between red states and blue states. I will not be that president. Ill be a president for the whole country. Reporter the war of words also heating up over the coronavirus pandemic. Biden released this ad during the emmy awards last night. I want to know that kids in the United States are not going to fall catastrophically behind because there was no plan and no leadership. Reporter President Trump says democrats are only upset because a Coronavirus Vaccine is just around the corner. They want to denigrate it, this started about three weeks ago because they started hearing rumors we were going to have this vaccine in super record time. They think ill get credit if we have a vaccine near the election. Reporter President Trump will hit the campaign trail today with two stops in ohio, first he will join fox friends this morning at you 8 00 a. M. Eastern time. Todd televisions biggest night goes virtual for the emmy awards, Host Jimmy Kimmel taking aim at President Trump in his Opening Monday log. Of course im here all alone, of course we dont have an audience, this isnt a maga rally, its the emmys. Todd politics taking center stage all night. Regina king accepting her em me memmywhile wearing the brianna r shirt. Jillian the first show to ever sweep the comedy category, all four acting trophies, and succession taking home the emmy for best drama, the creator of the show used his speech to slam the president for his handling of the pandemic. Unthank you to President Trump for his crummy and uncoordinated response. Jillian it is 10 o 1 minutes r the hour. President trump says hell nominate a woman to fill the seat of Ruth Bader Ginsburg. Our next guest breaks down the record of two contenders. Todd we remember Justice Ginsburg for her unique sense of you humor and her relation layingshipwith the late justice. Someone asked how could i be friends with someone with such different ideas. Some very good people have some very bad ideas. We said that if for any reason we have a vacancy on the United StatesSupreme Court, we will fill that vacancy. I will be putting forth the nominee. It will be a woman. Jillian President Trump promises a female replacement for late Supreme Court justice Ruth Bader Ginsburg. Todd a few names appearing as favorites for the nomination. How do the contenders on the short list stack up. Jillian mark smith joins us now. Thank you for being here. We appreciate it. Thank you. Good morning. Jillian good morning. So lets get right into it and start with sa Amy Coney Barrett. What do you think we need to know about her. Judge Amy Coney Barrett is a veteran of the Supreme Court nomination discussions. Shes been on the list of donald trump since 2017. In fact, it is said that she was really the finalist for the seat of Anthony Kennedy which was ultimately filled by brett kavanaugh. So shes been discussed and vetted for several years now as someone that could be the next Supreme Court pick by this president and then you have of course Barbara Lagoa, the other potential judge who is really a rival to this debate, who appeared on President Trumps most recent list, just two weeks ago. What we need to know about Amy Coney Barrett is really that shes a former Supreme Court law clerk to ant anybod antonin scaa professor at Notre Dame Law School where she was teacher of the year three times. In terms of her judicial record, she has been on the court since 2017, she has major rulings that i think would teach where she stands when it comes to how to interpret the constitution. In particular, theres a case called cantor versus barr which interpreted and applied the Second Amendments right to keep and bear arms, in that case judge Coney Barrett concluded that the Second Amendment protects people who have been convicted of crimes and they have the right to keep and bear arms, even if convicted of a felony, provided the felony they were convicted of was nonviolent which is a statement in favor of the robust view of the right to bear arms. Todd it seems to the lay person its Amy Coney Barretts to lose at this point but what about Barbara Lagoa stands out to you making her lets call it the dark rac horse in this race. I think judge lagoa is interesting. Obviously the state of florida is a swing state. She is very well respected in the state of florida. She was a Florida State judge for over 10 years, served on the florida Supreme Court before being nominated and elevated to the federal bench, the 11th Circuit Court of appeals. Shes been a federal judge for a year or so, she was a state judge in florida for over a decade and is very well respected, in particular among republican circles, including governor de santis. In terms of the politics of the near and the now, you could look to judge lagoa and say this would be an interesting pick. I believe she was the first hispanic selected and served on the Supreme Court. If youre worried about winning florida, which is a swing state, judge lagoa is someone you would look to for perhaps a shortterm political a appointment. I think this wont be an overriding consideration. Jillian thank you for breaking it down. Todd iran threatening retaliation over u. S. Sanctions. Jillian were live with secretary of state mike pompeos message for the world. I feel like were forgetting something. Let me check. Xfinity home gives you peace of mind from anywhere with professionally monitored Home Security built around you. No, i think were good. Good. So when youre away, you dont have to worry. The tent. We forgot. The tent. Except about that. Xfinity home. Simple. Easy. Awesome. Hey look, i found the tent get xfinity home with no Term Contract required. Click or call today. Jillian welcome back many the Trump Administration could put sanctions on two dozen targets tied to irans arms program as early as today. Trey yingst is live in jerusalem as irans president promises a harsh response. Trey. Reporter gillian, good morning. The Trump Administration will reportedly target two dozen individuals and entities with sanctions amid growing concerns about irans ability to make a nuclear weapon. We according to senior officials speaking to reuters that the Islamic Republic could have enough material to make a nuclear bomb by the end of the year. This comes as the United States reimposed sanctions on iran over the weekend. Secretary of state mike pompeo released a statement saying there would be consequences for any country that violates the sanctions. This ensures iran is unable to receive any help with nuclear aspirations. After President Trump pulled out of the iran nuclear deal, the Islamic Republic increased enrichment and storage beyond the agreement. Although iranian president is threatening a crushing response to the moves, pompeo doubled down, saying when he was speaking with sunday morning futures over the weekend that iran is a major threat to the United States. The world needs to unite around the central idea that the Islamic Republic is the greatest threat and when the regime changes its behavior we have a chance to create true global stability in the region. Reporter this comes amid continued tension between iran and u. S. Allies in the region. Yesterday, bahrain said it foiled a terror plot that was being organized by a group of people linked to the Islamic Republic. Todd. Todd trey yingst live for us in jerusalem. Trey, thank you. The white house will issue an executive order later today spelling out how they will enforce sanctions. Joining me with more, middle east expert cory mills. Lets listen to what the president is saying about this iran nuclear deal. The iran deal was a disaster. This was the stupidist deal. It made it impossible to do anything. So i terminated that deal. Thats not to say theyre not violent and vicious but theyre poor. Id like them to be strong again but they cannot have a nuclear weapon. Todd you heard that other countries, france, britain, do not support what were trying to do with the sanctions. How is this going to play out . Well, todd, jillian, thanks for having me on today. Firstly, i think secretary pompeo is absolutely correct. His biggest thing is trying to prevent iran from trying to modernize weapons and warfare. We know that iran is the largest state sponsor of terror. You see that with the mut huthid hezbollah. We know they utilize nonstate and state threats to target israel and other nations in the area. There is a right though o to pre security necessary to try to stabilize the middle east region. The failure to do that i think puts not only the United States and our allies at risk but the entire global war on terrorism. Todd what happens if the allies like france and britain dont support us in this . I think we cant look at the u. S. As explicitly listed under article 31, which names out what they consider to be the jcpoa participants, we have a right to youth lies that snapback. If not, we can utilize the nonproliferation act, the war against the United States terror act, but we can also look at domestic sanctioning and also hold the un members accountable to try to continue to trade deals as well as Security Cooperation or any other circumvention of those sanctions, we can utilize domestic retaliation as a result of that. Todd the u. S. Army boosted its presence in syria, says isis still poses a threat. Weve been distracted in the United States over the course of the last eight months. Has isis come back . How worried should we be about isis . I think from a regionally global perspective we should be concerned with terrorism. The change and the shift is with the tactics that isis is continuing to use. Originally they were using a large land craft, more conventional force fighting. When we saw them grow to nearly the size of the united kingdom. They are using a guerrilla war fare tactic. I think having this resurgence of a guerrilla insurgency based war fare fact particular should be concerning for those wanting to combat isis and control the region. Todd it reminds russia we are not out of the region so they cant run amuck in the area as well. Cory, we appreciate your time this morning. Thanks so much. Thank you for having me, todd. Todd jillian, over to you. Jillian it is 26 minutes after the hour. Joe