was not advised against putting all us troops out of afghanistan. todd: border patrol agents being told to get the coronavirus vaccine by november or lose their jobs as a little immigrants for through the southern border without being tested or vaccinated. jillian: "fox and friends first" on wednesday morning. a lot of news to get to. todd: we begin in washington, president biden changes his plan to stop a deepening divide among democrats on capitol hill. jillian: nancy pelosi want to vote on infrastructure tomorrow. jillian: 30 joins us, to vote no unless their demands are met. >> reporter: president biden canceled a plan chicago trip to deal with democrat infighting in washington over two massive bills worth $4.7 trillion. house progressives say they will vote no on the infrastructure plan unless the president's much larger $3 trillion bills back better act is passed first. the white house saying democrat leadership is saying course. >> the president is deeply engaged, working in lockstep with speaker pelosi, leader schumer to get this done. >> reporter: the division among democrats is apparent, speaker pelosi told members of the house the reconciliation bill is not ready for a vote after saying agreement has been reached. senator bernie sanders urging to hold a vote on the smaller bill hostage saying, quote, no infrastructure bill to pass without a $3 trillion reconciliation bill. that is the agreement being made and must be kept. infrastructure is important but the needs of working families and combating climate change is more important. progress approached left, moderate senate democrats christensen and joe manchin on on board with the massive spending bill, republicans have democrat division could work to their advantage. >> if it work i like it. i encourage more of this from bernie sanders. i will be cheering him from the sidelines if he can get people to reach that conclusion it if that helps us take this reconciliation bill. >> reporter: negotiations to raise the debt ceiling continue and an october 18th deadline looming treasury secretary janet yellen warning of the financial crisis and recession. a houseboat on the smaller infrastructure package is expected thursday. todd: thanks. jillian: top military generals to capitol hill to face house lawmakers on the troop withdrawal from afghanistan. >> they reveal president biden went against their advice to keep troops on the ground. we have a breakdown of the senate's hearing. >> reporter: another busy day today, mark really, secretary of defense lloyd austin and frank mckenzie took heat from both sides of the aisle and expect the same to happen again in a few hours. several highlights from yesterday's testimony including an admission from the man overseeing the mission in afghanistan, general mckenzie, who claims he advised the administration to leave a presence on the ground in the country. >> i recommend that we maintain 2500 troops in afghanistan. i have a view the withdrawal of those processes would lead to the collapse of the afghan military forces and the afghan government. >> i'm very much satisfied that we had a thorough policy review. all of the parties had an opportunity to provide input and that input was received. >> reporter: it was president biden who insisted on multiple occasions no one gave him specifically that advice. listen to this interview from six weeks ago. >> no one told your military advisers we should keep 2500 troops, a stable situation for the last several years? >> president biden: no one said that to me that i can recall. >> reporter: senators were furious on both sides of the aisle, senator josh holly called on generally and defense secretary austin to resign. >> why haven't you resigned? >> it would be an incredible act of political defiance to resign because my dad didn't get a choice at iwo jima, they don't get a choice to resign so i'm not going to resign. >> reporter: that was senators on cotton from arkansas. josh holly from missouri called on those resignations. generally defended his calls with chinese counterpart last october and earlier this year, he said he would warn china if the us was prepared to attack, the calls were routine and he was, quote, de-escalating a tense situation not to mention others on call saying they were no secret. >> let's think about the admission of what we heard yesterday. this was groundbreaking. i don't think the magnitude of it is getting enough play in the mainstream media, and admission this was a strategic failure. and admission the war was lost and that our credibility has been damaged which leads me to think of that is what they are telling us imagine what they are not. president biden rejected the advice of top military aides and we are going to pay the price in untold ways for years to come including 13 american service members who lost their lives. jillian: there are many things you can breakdown from yesterday. what stands out to me you heard how general mckenzie and generally said they recommended keeping 2500 troops if not more on the ground in afghanistan and you heard that interview with george stephanopoulos, who asked if he was advised to keep troops on the ground and the president said no one said that that he can recall and that is a huge admission and it does make you wonder what was behind the scenes in these conversations leading to this point in august and the question remains how many americans and allies are on the ground in afghanistan? we don't know that exact answer. >> i personally don't believe there are 4000 american citizens left in afghanistan but cannot confirm or deny that. jillian: how can we not confirm or dean i? i don't understand. >> you are the leader of the pentagon in the united states of america, we should have an answer or at least some sense of eagerness to find the answer. potentially thousands of american citizens was this boils down to lack of accountability at the end of the day, lack of leadership, all of this explained by larry logan here. >> didn't hear an apology to american servicemen, veterans and active-duty soldiers who stood shoulder to shoulder with afghan special operations forces who are still fighting today and apologize for dragging them down the shame of betrayal, it is not okay, and americans less safe. we need a general who is going to leave. >> this is down to one question, is this what america is now. do we are our enemies with $80 billion in equipment, that is a sad state of affairs. >> americans still over there for family members who are here. four our service members, we were reporting this after this was before the deadline. we are seeing spikes and calls, and in the 20 year war, to lose those 13 servicemembers as we did, and we deserve them. >> the pride and the country. this is how they get repaid with displays like yesterday. 9 minutes after the hour it was a lower, on november 1st to get vaccinated or the hired. the biden administration would crackdown, instead of illegal immigrants crossing the border. >> people busting tales and enforcing their lawn doing their job on the border, and no big deal. >> fox news learning florida is suing the biden administration accusing of violating its authority if not breaking the law, and cvp encountered 200,000 migrants at the border. >> in mexico a crisis as thousands fled processing centers in a soccer stadium. >> immigration activist says the biden administration's mixed messaging. >> mexican officials with the operation for refugees in an olympic-sized stadium but the national guard brought in to maintain order, just outside the stadium, a surprise visit from the director of the us-based immigration, and instrumental in organizing in 2019 blasting mexican officials and blasting the biden administration's handling of the crisis. >> getting a mixed message from the biden administration, to tell migrants not to come. what they are doing on immigration. >> reporter: as we talk about caravans, the first pictures coming out of the caravan, from panama, obviously it will take time to get here, and if they can't handle it can they stop them from going north to the us border, that is anybody's guess. jillian: gabby petito's family, brian laundrie to turn himself in during a joint news conference. >> people are inspired by her, hard to put into words but means a lot that she touched so many lives already. >> petito's body was found in wyoming park. brian's parents went camping reportedly with their son in early september. new matching tattoos say let it be. the same words gabby had tattooed on her arm. the family formally announcing the creation of the gabby petito foundation to help other families of missing children. carley: she wrote over 4000 thank you notes to police say it is her goal to reach the nypd, 36,000 officers. >> to write letters to servicemembers stationed overseas in iraq and afghanistan. why she backs the blue. it is 13 after the hour. teachers in the big apple are suing over mayor bill deblasio's vaccine mandate. talking to one of them about how the policy hurts students the most. todd: joe concha, pete hegseth and michael walsh on "fox and friends first," don't go anywhere. h, a stormy day. ♪ ♪ we see a close up of the grille ...an overhead shot. she drives hands free along the coast. make it palm springs. cadillac is going electric. if you want to be bold, you have to go off - script. why do nearlyrience the one million businessesc lyric. choose stamps.com to mail and ship? no more trips to the post office no more paying full price for postage and great rates from usps and ups mail letters ship packages anytime anywhere for less a lot less get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again and there you have it- a 4-week trial plus postage woah. a digital scale wireless on the most reliable network nationwide. wow. -big deal! ...we get unlimited for just 30 bucks. sweet, i get that too and mine has 5g included. that's cool, but ours save us serious clam-aroonies. relax people, my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one upping itself. jillian: a suspected killer of 29-year-old sheriffs deputy is over. law enforcement in nassau county capturing patrick mcdowell after a 5-day manhunt. mcdowell is accused of shooting twice during a traffic stop. the sheriff saying, quote, i wish he would have given us an opportunity to shoot him but he didn't, he crawled out like a coward. seeking medical care after being wounded during the manhunt. manhattan district attorney, to no longer ask for bailey nonviolent cases. a new policy as a result of the ongoing chaos airport made conditions are under scrutiny. in a memo to trial division attorneys the democrats executive assistant insists the policy may cause a a, endeavor to ensure our practices are as equitable as possible even though releasing some individuals may lead to additional low-level crimes. the pfizer covid vaccine may not be available until november. the trial of the vaccine for kids age 5 to 11, pfizer says the vaccine is safe for younger children as the federal judge blocks a ban on mask mandate in south carolina schools, the law discriminates against children with disabilities. governor henry mcmaster is found to defend parents rights to decide on masks. todd: new york city educators suing mayor bill deblasio calling out the city's fraudulent exemption process for the vaccine mandate as the mayor warns unvaccinated employees could be out of a job. >> the department of education employee, you have until friday at 5:00 pm to get the first dose, and then assume you're not coming to work and immediately find a substitute. >> michael kane and teachers for choice attorney, thanks to both of you, how bleak does the situation look come friday. >> our attorney is ready to file for straight ahead of us based on the fact the religious and medical exemptions process put out by the city is completely fraudulent and a shame the largest education department in the country had no idea what the first amendment and establishment clause of the first amendment is, had an established religion, under the first amendment, not allowed what religions are established and are not. what the situation might look bleak, we will find justice in courts. >> 7500 new york city teachers forced to choose between taking the covid vaccine and their job. a statement from the department of education on the federal ruling, quote, vaccinations are strong in the fight against covid 19. and will protect students, staff 100% of educators and staff will be vaccinated. you are the attorney, you heard him mention the temporary restraining order. what is in your legal toolbox to deal with this? >> two court sufficient restraining orders, it shows everybody understands on an instinctual level it is totally illegal, the most draconian mandate i have ever seen that has ever been issued but not even medical exemption in it. you have anaphylactic shock or a heart attack you keep getting vaccinated. the others have a much broader we shouldn't have to be vaccinated arguments but bringing forth targeted arguments based on exemptions being illegal which are quite straightforward and the fact the courts have already granted two temporary restraining order is, looking for that, to say this is illegal, we just have to find the right argument. >> lawyers practiced in multiple courts. is this sheer activism? >> takes time to have the argument narrow enough so courts can make a holding that will not be too broad but the reason we are seeing these suggestions, so clearly unconstitutional. >> with so much in this pandemic the adults do all the arguing and the kids are the ones that suffer. how much i these kids in their education in jeopardy in new york city? >> there are dozens of principles across new york city in panic attacks, not just with teachers but security guards, about to see shortages we've never seen before, a substitute who was never in that school before who aren't licensed in the area they are supposed to be in. i had students come to me saying is a you are leaving as words come out and i hope not, that they work for us now. the cdc director on cnn said covid vaccines do not stop transmission of the sars covid violence - the argument this vaccine is necessary for safety is not correct. we have many other layers of mitigation and safety strategies being implemented in our schools right now. is a mixed messaging is off the charts. and going to private schools, not the economic status and overall sad situation. keep us posted. jillian: was president biden lying when he said his advisers supported total troop withdrawal from afghanistan or top generals when they told senators, urge to keep boots on the ground. doctor rebecca grant reacts to the foreign-policy fiasco. a wild night in virginia as the second and final debate between glenn youngken and terry mcauliffe goes off the rails. we will be right back. todd: vice president kamala harris applauding a virginia college student after she accuses israel of committing ethnic genocide. >> backing israel which hurts my heart because ethnic genocide, i'm sure you are aware. >> your perspective and your experience, your truth cannot be suppressed. >> that exchange prompting spokesman for senators a cruise to tweet, unbelievable. last vote divides the democratic party, even bringing aoc to tears on the house floor. the us rejecting a charter plane carrying 100 americans and us marine cardholders from afghanistan. the founder of project diagnoses the group chartered a flight on a private afghan airline but got stuck at abu dhabi airport because they were not cleared to land in the us. the flight had 117 people on board including 59 kids, dhs is not commented. jillian: who is telling the truth, biden's top military officials testify on capitol hill contradicting the president. >> your military advisor did not say we should keep 2500 troops? >> president biden: no one said that that i can recall. >> i recommend that we maintain 2500 troops in afghanistan. >> keep a steady state of 2500 and it could bounce to 3500 or something like that. jillian: doctor rebecca grant joins me to break down what happened during the hearing yesterday. would things in this estimation have been different if the president listened to the advice of the generals with them recommending and advising keeping 2500 on the ground. >> the taliban would not be in control of kabul in afghanistan. president biden made the decision way back in april. he said he wanted to turn it over to the diplomats and we didn't need american boots on the ground. we are hearing from all three commanders and secretary austen that that was a bad decision and those three are the ones telling the truth. jillian: you have a president saying i was never advised that at least that i recall that these generals testifying that is there belief, that the president knew that. how do we get answers now? that is a distinct difference between what you have the president saying at what the generals are saying and that is the problem. >> it is scary, their stories match testifying to congress, but what scares me is secretary austen, general milley, general mckenzie, all 3 of them together couldn't talk sense into this white house and that scares me because what happens with the next crisis when it is china, taiwan, iran, something like that, will president biden's team listen next time? clearly he did not listen this time and it was a tragic outcome. jillian: a lot of people are calling for the stop military generals to be fired or relieved of their duty. where do you stand on this? >> i would like to see somebody fire step up and say we made mistakes. i think secretary blinken is the one who should go. general milley has not covered himself in glory, he's not been an effective chairman, his job was to backup general mckenzie and safe forces of afghanistan, his job was to convince president biden and make that stick, he failed. at this point he's not an effective chairman. jillian: joni ernst asked yes or no, if we are less safe, that doesn't make americans feel comfortable or safer at home and those who fought this 20 year war for us, how are they supposed to feel? >> president biden's excuse is terrorists and al qaeda all over the world in different spots but don't forget the reason we went to afghanistan was to make sure it would not be a safe harbor for terrorists. president biden didn't listen to his military advisers and afghanistan is a magnet for terrorist groups. it is a fail. jillian: i don't want to think about another attack on the homeland, and to successfully lead us through it, for what you've seen so far. >> work in afghanistan did yield result, better at finding and flushing out terrorism but confidence in this white house, they have to prove they are able to make tough military decisions. they made the wrong decisions. i was they would admit their mistakes and move on but i'm worried about this. jillian: thank you for joining us, appreciate your time. todd: a group of high schoolers were singled out and separated from their classmates and sent home for the day as punishment. jillian: lawmakers go head to head tonight, carley shimkus live ahead of tonight's congressional baseball game. jillian: some drama in the final debate for the virginia governor's race. shouting at the candidates and moderator chuck todd from being barred from participating in the debate. >> we will take a quick commercial break. we will be right back. for not being included, i refuse to play by the rules of the duopoly. moderator chuck todd tried to continue through the interruption but finally colin security to take blaming away. the daily wire's matt walsh talking about the policy allowing students to choose bathrooms, locker rooms and others that match their gender identity. >> to indoctrinate them. jillian: walsh hosting a rally in the mountain county school board for hundreds of parents who stand against the district's new policy joining the ingraham angle. >> they know their policies are indefensible. they are indoctrinating kids into fanatical religious cult. jillian: originally walsh was allowed to speak because he was not a resident but he did rent a room from a friend for one dollar making him eligible to speak of the timing of all this was coincidental. todd: pushing back against mask mandates, students say they were singled out and kicked out of their class because they were not following mask guidelines. the students joined us now, we begin with you. thanks for being with us on a very early wednesday morning. you say you are being used as upon as part of a greater agenda. what do you mean by that? >> we are being pushed out into the public and being seen by everybody and that is being used by the schools and the government to make everybody think they have to wear masks. laura: describe the interaction with your teacher when they got after you about wearing a mask and ultimately segregated you. >> i was walking to class at the beginning of the day and got stopped in the hallway by a teacher that i haven't seen at the school before. i kept walking. she got close and asked if i thought i was being funny and said i need to wear a mask to go to class. i turned around and told her this isn't funny at all but i'm not going to wear a mask it will continue to class. if you want me to leave you will have to send a school cop to get me. i went back to class, sat down without a mask and probably not even 5 minutes into class, the classroom teacher sent me out of the classroom. laura: why was she so fired up? was she so believing in the mask or was there something about trying to control people the teacher seems to enjoy? >> i think it is about control. scary start to me about all this, segregation between the students, the control and the power trips people in positions of authority are having and it is taken up on a lot of it being taken out on us as kids and students. it is definitely more controlling, not because they genuinely believe these mandates are going to work and protect us. in my opinion it is a control thing. >> you were moved to a portable classroom. i'm trying to think of what a portable classroom looks like in a high school. you had multiple subjects in high school. in kindergarten you have half-day, how much learning is going on in this portable classroom? >> they don't require learning and they encourage us to lock into our chrome books but most of the time the teacher would talk to us, not even about education or classes and where we were but like i said, there's no learning going on and any learning going on was what we wanted to do. ashley: you are in school to learn and they are actively not teaching you. what has this pandemic talk you about how the adults that make decisions what they think of kids? >> my opinion on the adults is the same as it has always been. i knew these people before the pandemic a respect to these people before the pandemic and i feel these people are just trying to go out and kind of enforced things they have no reason, no right to enforce, they get orders from our governor and our governor is not a medical official, these teachers are not medical officials and they are giving out medical advice to us as kids when their job is to teach us and their job is to help us learn and achieve academic success. todd: i don't know if i have the gumption to do what you four gentlemen did. you are informed on the issue and presented very cogent arguments to the adults in charge, let's see where it goes from here. keep us posted. appreciate you coming on this one, go back to sleep. jillian: lawmakers will find themselves on opposite sides of the diamond for the congressional baseball game. todd: carley shimkus in washington dc with a preview. carley: the congressional baseball game is a tradition that dates back to 1909 but it is happening at an interesting time because it is so hostile on capitol hill, allowing to overspend but 7:05, republicans are leaving partisan ship at the door. this is a massive crowd here, and with $1 million for charity and lawmakers are excited because it was canceled because of the pandemic and this event took on a new meaning on june 14th, 2017. shooting several people including congressman steve scalise talking to later in the morning so looking forward to that interview, and a republican organizer says republicans, have been practicing since april? democrats a won 10 of the last 11, louisiana congressman cedric richmond, and advisor for president biden. it will come out on top? you can catch all the action at 7:0 nine eastern. >> is a time to get carley shimkus the first pitch? will we make that happen. todd: remember that? >> it will be like that or $0.50. todd: thank you. and outspoken marine officer outspoken in the aftermath of the afghanistan withdrawal. >> the only officer in the american coalition. >> his parents want to out of jail and want answers. we are talking to both of them next. ♪♪ and honest bidding site. we sold an ipad worth $505 for less than $24. a stand mixer for less than $20. a 4k television for under $2. a macbook pro for under $16. as well as a playstation 4 for under $16. and brand new cars for less than $900. dealdash.com offers hundreds of auctions every day. all auctions start at $0 and everything must go. and don't forget, we offer a full 90 day money back guarantee on your first bid pack purchase. i won these bluetooth headphones for $20. i got these three suitcases for less than $40. and shipping is always free. go to dealdash.com today and see how much you can save. there are auctions going on right now, so what are you waiting for? and there you have it- woah. wireless on the most reliable network nationwide. wow. -big deal! ...we get unlimited for just 30 bucks. sweet, i get that too and mine has 5g included. that's cool, but ours save us serious clam-aroonies. relax people, my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one upping itself. baaam. internet that doesn't miss a beat. that's cute, but my internet streams to my ride. adorable, but does yours block malware? nope. -it crushes it. pshh, mine's so fast, no one can catch me. big whoop! mine gives me a 4k streaming box. -for free! that's because you all have the same internet. xfinity xfi. so powerful, it keeps one-upping itself. can your internet do that? >> demand accountability. for the stability, laid out - for all those things. the american coalition in afghanistan fallout. jillian: stuart schiller who publicly called out military leaders over the afghanistan withdrawal in viral videos is in pretrial confinement. his mother and father join me live, thank you for being here. the situation is so mind-boggling. your son saturday, seemed like he knew what he was up against it was more important for him to speak his truth and his beliefs. is that your understanding? >> for the last 30 days our son has spoken his truth and he is a proud american, proud marine, principled man and stood his ground and that is what the marines have taught him for the past 17 years of his service. he is continuing to stand his ground. >> in that post he suggests he knew he could be facing felony charges. he believed he is ready to go to jail based on his beliefs. in his post he criticizes many leaders including donald trump, general mattis, general flynn, seems like this isn't politically charged or politically motivated. he wanted to speak out. have you spoken to him since he has been in confinement? >> we only received one phone call from him as they took him into the break he got two minutes, he asked me specifically, mom, tell everyone, that the last i heard of him. >> as america is waking up this morning, i am offended by the term pretrial confinement which is a nice comfortable term marines like to use. he is waking up in a cold jail cell, solitary confinement, no books, no journals, nothing but his thoughts and he knew he was going to go there for the principled stand he took, but i am telling you right now he does not deserve to be in prison. jillian: when it is years of service - >> he said 17 years of service, he has been deployed four or five times, deployment is usually 7 months. he served a 4-year at one point. he served with his men in the infantry. he has done many amazing things. >> every day on deployment. he is an american hero. >> he went after people who were making ieds that were killing service men and women, had to find people that were making them. he served valiantly. he only spoke because what he saw happening in kabul, he couldn't take it. he had to stand his ground. >> defense secretary lloyd austen was asked about this and doesn't have specifics what caused your son to be held in pretrial confinement. and psaki doesn't have details on the circumstances it seems odd that they don't have details considering that but >> i would love to fill them in on the circumstances. >> they put him in prison the week they had senate and house committee hearings to shut him up. it is an outrage and we are asking americans to stand up. if as an american you find this is no way to treat a 17 year american hero stand up, call it right your congressman today, they will be talking to these generals and demand accountability. jillian: thank you for joining us, we will stay on top of this as we will be right back. regina approaches the all-electric cadillac lyriq. it's a sunny day. nah, a stormy day. ♪ ♪ we see a close up of the grille ...an overhead shot. she drives hands free along the coast. make it palm springs. cadillac is going electric. if you want to be bold, you have to go off - script. experience the all-electric cadillac lyric. jillian: democrat leaders scrambling to satisfy the far left wing of the party as progressives to take president biden's agenda. >> they recommended we remain consisnt

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