like he is going to make a strong recovery. carley: the plainclothes officer approached a man carrying this handgun when he was struck below his bulletproof vest. the 31-year-old cop, in a gun violence division fired back running the suspect at least once. the suspect believed to be the gunman is now in custody. it comes after an hours long manhunt ends in texas is a man suspected of shooting at texas deputy is in custody. authorities arresting martinez after searching for him for hours. officers responding to reports of a suspicious person when martinez opened fire, hitting at the beauty. police say martinez was facing two felony charges at the time of his arrest. the deputy who was injured is expected to make a full recovery. todd: another fox news alert, two killed after a 6-hour hostage standoff at a children's medical center in texas, the initial 9 one one call about an armed suspect after in depression from your office and taking hostages, the suspect was call the doctor but they've not identified that person. police center robot inside a building where explosions could be heard. police plan to release more information. >> in washington climate change is on the agenda as president biden is said to unveil new policies to a national security priority. todd: griff jenkins live in the nations capital as the deportation freeze hit a snag. >> another day another slew of effective actions, today about the climate crisis. john kerry at the white house today. we will hear a lot about an expected ban on new leases for oil and gas drilling and fracking on federal land. a move that is trying push back from democrats over industry job losses. it is all about healthcare, friday's immigration. yesterday the president tackled racial inequity. >> we never lived up to the founding principles of this nation that all people are created equal and have a right to be treated equally throughout their lives. our soul is in trouble as long as systemic racism is alive and persists. >> reporter: a federal judge delivers a blow to the administration's 100 a moratorium on deportation siding with texas's attorney general who claims in a lawsuit it could cause, quote, imminent and irreparable harm to the state, the white house responded in a statement saying this, quote, we are confident as the case proceeds it will be clear it was wholly appropriate in ordering a temporary pause, with policies and procedures while allowing threats to public safety and national security. meanwhile on the impeachment front looks like democrats do not have the votes to convict donald trump. senator and paul forcing a vote on the constitutionality of the trial but it failed to show carley: republicans are on board with the democrats. >> the constitution doesn't allow impeachment of a private citizen. we put this issue forward but the most important take away from the issue is they don't have the votes to convict. we have 45 people, 45 republican senators say the whole charade is unconstitutional. it means impeachment is dead on arrival. >> reporter: democrats need 17 republicans to cross the aisle, the trial starts february 9th with senator patrick leahy presiding. a little bit of a health care for the senator yesterday, he was in the hospital but a spokesman says he is home not doing well and looks forward to getting back to work. carley: thanks for the update. todd: marco rubio and ted cruz agree impeachment is unconstitutional and our blasting democrats for playing political games. >> it is not even constitutional. logic tells you that. the automatic consequence of impeachment and trial of convicted the on the consequences removed from office. that is the consequence of this process. how can you put someone through a process where the automatic consequence is impossible, you can't remove donald trump from office, he's not in office. >> what the house did in the so-called impeachment doesn't meet constitutional standard. they didn't pretend to do due process, they didn't pretend to have hearing to look at any facts or evidence this was an exercise of political rage. in december of 2016 before trump was sworn in said they wanted to impeach him, they wanted to impeach him from the beginning, they did a year ago. i feel i'm trapped in groundhog day where apparently every january we are doing another impeachment. todd: democrats impeached donald trump last year for a phone call he had with the leader of ukraine. carley: a big tech accountability platform to guide conservatives, it happened with social media critical issues, it would increase transparency and enhanced accountability, push for consistency and explore competition issues as youtube extends donald trump's suspension indefinitely while d monetizing rudy giuliani's account on the platform and bird watch is blocking conservative radio host dana lash due to previous violation for tweeting about the hunter biden story. bird watch hasn't even been put on the platform totally and they are already censoring dana lash, josh holly has been going after big tech censorship since he was first elected. he says -- that is not really what they want. take a listen. >> the desire by the left to try to silence all opposition, they talk about unity now, joe biden talks about unity, they don't want unity, they want control, they want total and complete control, a lemonade all opposition, silence anybody, any speech they don't agree with. the bird watch thing is giving a license to the woke leftists who run twitter already giving them license to comment and run people off the platform they don't like. >> bird watch is in its pilot phase, the word when it will be made public. todd: a lot more on the way. a teenager accused of murdering his family in indianapolis would be charged as a result, the 17-year-old suspect shot and killed his mother, father and three siblings, one of his sisters died along with her unborn son. investigators revealed the suspect -- his dad school and him for leaving the home without permission. the younger brother was shot, survived and is recovering in a hospital right now. the death penalty is off the table according to indiana law because of his age. >> one person is killed and 30 others hurt after an ef 2 tornado tears their alabama. the twister, 135 miles per hour flaming homes, scattering debris so high it showed up on radar as dramatic video shows a family battling with their dog from the rubble after their home collapsed. >> come on. carley: the waffle house is helping, despite a tornado knocking out power of the restaurant. todd: president biden says his administration is boosting weekly supply by 16%, the administration's goals, 300 million americans by the end of summer. and walked back the president's comments being available to all americans by spring. it ordered 200 million doses in hopes of vaccinating every american by the end of summer. new york governor andrew cuomo says the distribution plan is not enough as they face a shortage of doses. >> the board of education approved a plan to strip names of historical figures and 44 schools. the decision comes more than two years after they created a panel on the appropriateness of school names while george washington high school and abraham lincoln high school are on that list. the electric school named after senator dianne feinstein, george washington, abraham lincoln house. todd: how will this enhance the education. still ahead, she faced a series of scandals from benghazi to unmasking trump officials. new concerns that susan rice is the one calling shots in the white house. they are credited with saving 25 americans in the attack in benghazi on the power rice has next. todd: a california democrat botches the pledge of allegiance, that story coming up. >> i pledge allegiance to the flag of the united states of america. indivisible - >> susan rice is inside the white house, no question she's running domestic and foreign policy. susan rice is excited vice president harris is preoccupied in the senate and the shadow presidency, susan rice his friend and center, no question about that. todd: a stern warning from rick brunel who says white house to mystic policy advisor susan rice calling shots from behind the curtain. >> save 25 lives. great having you on. it is not a cabinet level which requires senate confirmation. what is your reaction, actually calling the shots here? >> tasked with the foreign policy which served as ambassador to the un as well as national security, they are putting her in for domestic policy. we know what she does, the obama administration and biden administration, who knows what is next? neil: you enjoy the play, mrs. lincoln, line, putting aside what you said doesn't make sense to have anyone in charge of domestic policy if their portfolio really doesn't have a lot of domestic policy in it. especially when the role is in the white house. >> it is. you are putting somebody in who had no history, no experience dealing with domestic policy, the things she is talking about doing, the direction she wants to take the mystic policy is concerning to a lot of veterans. a lot of americans across the country. jillian: susan rice held a press conference with jen psaki, listen to what she had to say. >> reporter: how serious a problem we face from national said white supremacists, the president has ordered the intelligence committee, to compile a comprehensive assessment of the nature of this threat, taking it seriously. jillian: let's talk about the problems, the security problems the country faces. joe biden's mission is to undo everything donald trump is an including possibly getting back into the iran nuclear deal. what do we see in terms of national security in the early days of the biden white house? >> she wants to focus on a major threat which is white supremacy, the protests that occurred around the capital building as an example of that but the truth threats we need to look at our overseas. we need to look at china, russia and how they have been trying to hack into the system have recently. into the iran nuclear deal and we can't forget isis and those that are still out there, still trying to attack americans around the world. todd: rice said the administration will advance racial justice and equity, what does that mean for folks watching right now? how will their live >> as a result. >> we have seen democrats in charge of major cities, what she called inequality across the country, they've been in charge of the city's for a long time and haven't done anything to help. the biden administration is not doing anything but talk. saying whatever he wants or however you wants to appease the people that never following through. todd: the biden administration is on the clock with less than four years to advance their policy agenda, thank you for your service to our great nation. >> thanks very much. carley: democrats pushing plans to pack the court. our next guest call the brazen attack on rule apply republicans ramp up their own plans to fight back. todd: take a listen. heroic rescue caught on camera, the trooper who rushed into a burning home to save an elderly couple when "fox and friends first" continues. ♪♪ the to marco rubio be igniting the fight against court packing is eric holder pushes the fight to add more justices. >> democrats and progressives must use the power they now have to have diversity on the bench including race, gender and professional experience, a diverse bench is a better bench. todd: senate director jennifer rose harris. here is senator rubio introducing a measure to block court packing, saying this is a radical left-wing idea that would further undermine america's confident in our institutions and our democracy. if biden is sincere about healing our country he will support this effort to protect the supreme court. this probably has no chance of going anywhere, democrats control the senate but you say it was a smart strategic move by senator rubio. >> it is important for him to get his colleagues on record and get the president on record whether he supports his radical idea and it is a radical idea, so radical even ruth bader ginsburg spoke out against it. 62% of americans oppose court packing. they want to keep the supreme court at 9 justices which is the number we have had for 150 years ever since in the modern era we have always had nine justices, that is the number we need to keep. todd: you heard in eric holder's soundbite to use the power, you heard that phrase record by the left a lot. how worried are you that going forward liberal justices would be added to the 9 we currently have despite overtures from more moderate democrats like joe manchin that they won't along with that? >> this legitimate use of power and a legitimate use of power, legitimate use of power is filling vacancies with justices that support your judicial philosophy so if there's a vacancy on the supreme court at any time during the president's tenure he has the right to fill that seat, likewise he has the right to fill the seat of the lower appellate and federal district court with judges that share his judicial philosophy but what he doesn't have the power to do is expand the court for the sole purpose of getting his way. you cannot expand the court for the purpose of forcing the court to a certain way and when you say you are interested in doing that what you are doing is threatening the current judges and justices of the court. as we want you to or we will appoint judges who will. todd: we have 45 seconds on his next topic speaking of the lower court, federal judge appointed by donald trump striking down joe biden's 100 a deportation moratorium. how much will this hurt joe biden's attempt to rush through immigration policy through executive action? >> it is a 14 day temporary restraining order. i am not sure the judge in this case is right. the biden immigration policy is wrong and we have seen rushing to the border since he was elected, rush to the border as a result of his politics. the federal government has wide discretion in immigration issues so i am not sure that he is not within his authority to hit the pause button within 100 days. todd: i wonder if this will make it to the supreme court, they like to punt on issues like this but we will see. we appreciate your time this morning. carley: signing way the keystone pipeline and thousands of jobs with it. our next guest block to coal mining job under the obama administration and confronted hillary clinton. he joins us live with a new warning about biden's climate agenda. ♪♪ there ain't no easy way out no way. more exercise. more water. and more fiber is the only way to manage it. is it? maybe you think... it's occasional constipation. maybe it's not. it could be a chronic medical condition called ibs-c, and time to say yesss! to linzess. linzess works differently than laxatives. it helps relieve belly pain and lets you have more frequent and complete bowel movements. do not give linzess to children less than six and it should not be given to children six to less than 18, it may harm them. do not take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain, especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe, stop taking linzess and call your doctor right away. other side effects include gas, stomach area pain, and swelling. change your thinking to ibs-c. if your constipation and belly pain keeps coming back, tell your doctor and say yesss! to linzess. >> extraordinary bravery. he was in good spirits. a strong recovery. todd: bill deblasio giving an update on nypd officer shot in the back, plainclothes officer approached him and carrying a handgun. assigned to a gun violence division striking the suspect at least once. the suspect in custody. it ends overnight in texas. authorities arresting martinez, the injured deputy is expected to make a full recovery. carley: west virginia, laid out during the obama administration says this to hillary clinton in 2016. >> when you make comments but we will put call miners out of jobs these are the kind of people you are affecting. carley: that man, paid the same price, the keystone xl pipeline project. he joins me with his thoughts. great to have you on. carley: joe biden put pen to paper and thousands of people lost their jobs. you lost your call mining job in 2015. what was your reaction when you heard déjà vu all over again, joe biden, the pipeline is no longer going to happen. >> very sad. we are living in an economy devastated by a pandemic and you have something people can build a future on, they put food on the table for their families, in the first hundred days, in the first day, with a stroke of a pen he eliminates thousands of american jobs that our economy is desperate for at this time. >> he will sign another executive order that will ultimately end drilling on federal lands which i am sure will cost more people their jobs. supporters say 1000 jobs here and there or energy independence, we have a climate crisis on our hands, we need to change now. >> those folks should take a walk in someone else's shoes, someone who has been faced with those ramifications to those thousands of jobs that may be 1000 here or thousand there, for me it is a family of five. they gave a picture of my kids to hillary, don't look in my eyes and say i didn't mean those words, look at those children, who wonder is my dad going to put food on the table, will we be able to afford to do this to see this happen to american workers. carley: what was hillary clinton's response? >> she said she was taken out of context. later i saw the rest of the video and she did say she wanted to help people in our area but the problem with something like this is biden is in office and already doing this and taking these jobs away, want us to move toward a cleaner future and cleaner type of energy and the problem is people that are losing their jobs right now, how far out are those clean energy jobs, that people are able to go directly into and how long will it be. carley: we are hearing from those people who lost their jobs, they were counting on pipeline jobs and now they are out of work in a market that is doing that. were you able to find another job after losing yours in 2015? >> it took a little while but we had some stops along the way, probably a little longer, we ran from u.s. senate in west virginia, warehouse tech, another coal company, very fortunate, in a metallurgical field and that is better than circumstances i was in before but not everyone had those opportunities and these are well-paying jobs that the groundwork was laid and able to go into and we want to continue our independence on foreign entities, don't have the capability of doing it in the united states. carley: you are patriotic clients we are glad you landed on your feet. >> appreciate you having me. carley: todd: president biden holding an important phone call with russian president vladimir putin. carley: what did the two leaders discuss on the call? >> reporter: yesterday president biden held his first phone call with russian president vladimir putin. the two world leaders discussed a variety of topics related to jen psaki, those topics include us support for ukraine, the poisoning of the russian opposition leader and the new start treaty. the strategic arms reduction treaty is a deal with nuclear nonproliferation. they extended the agreement for five years. the statement saying, quote, they complete the necessary procedures that ensure further functioning of this important international legal nuclear arms control tool. biden talks with russian leader about the solar wind and interference in the elections. they said president biden made clear the united states will act firmly in defense of its national interest in response to actions by russia but harm us or our allies. with consistent communication going forward. has more information on the call peter doocy did you lower question to president biden asking him what else was discussed. the president of the responded you, he senses best, not a transparent or clear answer from the president. carley: a 60-year-old girl stabbed to death to death in a louisiana walmart and it is caught on camera. girls arrested between ages of 12 and 14, live streams that attack. the sheriff said they use knives from the store to carry out the killing. >> i have seen a lot of things in my career and this is one of those you wish you didn't have to see. there isn't even any remorse in these videos. it is sad. carley: detectives are looking at a motive but believe the fight started in a movie theater. todd: a district attorney in california putting governor gavin newsom on blast for refusing to stop the release of a convicted killer. he was in the country illegally when he murdered a teen 20 years ago, before larry county da saying it is a sad day for families who had to endure the loss of a loved one due to violent crime. how governor newsom refused to take a stand, is beyond comprehension. it is unclear when he will walk free. carley: california@implement fraud scandal grossed $11 billion while another $20 billion remains under investigation. the state's labor secretary said they didn't have enough security measures in place to prevent people from taking advantage of the coronavirus relief. official adding the program, eligibility requirements made it an easy target for criminal. todd: another year you didn't make the hall. carley: i was pushing to be included. carley: no one will be inducted into the hall of fame for the first time in 1960. curt schilling and roger clemens all on the ballot, threshold needed to be inducted showing a rebuke for the decision, to be taken out of consideration for next year. a former player thinks i am, then i will assess that. schilling is getting a lot of heat from the left for his pro-trump stances after clemens getting a lot of heat because - carley: is it political? sports getting political? todd: sticking with guns on that one. 38 after the hour, members of a gun rights group band ahead of an annual event. carley: the latest move to silence conservatives joins us live next. so you want to make the best burger ever? then make it! that means selling everything. and eating nothing but cheese till you find the perfect slice... even if everyone asks you... another burger truck? don't listen to them! that means cooking day and night until you get... [ ding ] you got paid! that means adding people to the payroll. hi mom. that means... best burger ever. intuit quickbooks helps small businesses be more successful with payments, payroll, banking and live bookkeeping. todd: facebook reversing its ban against a virginia gun rights group one week after suspending its agents a related account, facebook says the citizens defense league was shut down by accident, police, social media director believes they were targeted for sticking to their guns. can you explain any of this? >> right before the election weird things started happening, we started getting violations on our page, we started getting this rule, clicked for more information and no such information exists. our logo says gun saves lives and also has a picture of a minuteman on the other side and if you say minuteman or guy with a logo, shut it down and looks at some later. there are eight moderators to follow the rules. philip vancleave, one of lawmakers, glenn davis in virginia beach acted as a liaison, they were apologizing and everything back to normal but not back to normal but there's plenty we can't do. philip vancleave's personal pages are blocked. todd: they say the page was removed in error, apologize for the inconvenience, out of a very real and credible threat people can gain the system. what do they mean by that? >> they don't know what they are talking about. there is no way to call and talk to them, nope have a click this and they get back to you, like any other it company in the world, you've got a violation on your page, click here for more details, there are no more details available to show you. 50-70,000 people at the capital. todd: begin your point. it was tough with the focus. the gun control plan for biden is as follows he wants to ban assault weapons, to regulate position of route resisting assault weapons, voluntary buyback assault weapons, firearms and ammunition and background checks. do you worry you will see more of these facebook, quote, errors as groups like yours ultimately oppose the plan? >> i do but we are also diverse the social media networks like gab and parlor. and we update stuff. the social media aspect of it, as i am the aspect of what he is doing, all these things, criminals and bad guys doing the crime. to defend ourselves and our family. we are not the guys causing the crime and all these laws and stuff are targeted at us. >> give us those graphics ahead of time. we will put them on screen so our viewers can see, thanks. >> appreciate it. jillian: ohio state retail the hero after this. >> you saw it, the trooper rushing into a burning home after hearing an elderly couple was still inside, his quick action saving both of their lives. officials say the fire started next door. a promise made but apparently not kept. >> things you can't do by executive order, we need consensus. todd: our next guest says executive order spree being driven by far left advisors independent women's forum analyst joins us live next. carley: president biden signing a record number of executive orders during his first week in office just months after slamming the so-called overuse of executive authority. >> i have a strange notion, republican friends and democratic friends say if you can't get the vote by executive order you will do something, things you can't do by executive order make you a dictator for democracy, we need consensus. carley: what changed? senior policy analyst at the independent women's forum joins us to react. 17 executive orders on the part of president biden, told us he didn't like executive authority. >> good morning. he has gone from consensus joe to eo joe in the blink of an eye and it is because of people pushing him farther to the left. we were told joe biden was going to be a moderate president, what we see with executive orders is these are not moderate, not bipartisan but very partisan, things that would not get through congress. i understand what he was coming from in october, executive orders are not the way to govern. it shortcuts around congress when you know you can't get bipartisan support. it is interesting he is flip-floping entirely because he's pushing a farther left agenda than a lot of voters thought he would. carley: this has to do with making a splash in the first week, he race as much of donald trump's presidency as possible. >> that is part of it. it seems he's doing a lot on day one. when you are you racing a lot of the policies of the trump administration but when you dig down into these executive orders, to make an impact, the keystone pipeline, the racing thousands of jobs but others who are more the icing on the cake of the real problem. carley: the 100 day mask challenge which a large majority of people are wearing masks in this country but president biden did sign an executive order racial equity yesterday and then included a ban on private prisons. we heard a lot from the left criticizing private prisons, what is the criticism there? >> the left considers private prisons the bogeyman of mass incarceration, mass incarceration not driven by private prisons, 2.3 million people incarcerated in the country, less than 10% are in private prisons right now. this executive order is ceremonial about executive orders in general but not getting to the issue of why people are locked out. there are good reasons we have private prisons. you read all the negatives but they have positive economic impact in local communities, they can control the overcrowding in their facilities compared to public facilities and save taxpayer dollars. fix all the problems of black people, it is a fallacy. >> they could always be reversed by the next president, they don't have staying power. thank you for joining us, appreciate it. >> la city councilman under fire after forgetting the words to the pledge of allegiance. >> i pledge allegiance to the flag of the united states of america, pledge of allegiance to the flag of the united states of america, with liberty and justice for all. carley: i feel sad for him. todd: butchering the words after being asked to be the pledge, tweeting calling the moment embarrassing. carley: those moments you get up there and say something in -- you do a great job. todd: coming up in the next hour of "fox and friends first," bar battle heating up. >> i don't know what the jury was thinking, i am absolutely shocked. >> the man who declared his bar and autonomous zone, he is the sheriff's office as his goons squad. carley: sarah logan on bird watch in the next hour. ♪♪ what doesn't kill you makes you stronger ♪♪ hey, i just got a text from my sister. you remember rick, her neighbor? 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