workers. >> president biden: i intend to be the most pro-union president in history. a lot of politicians in this country can't say the word union. i'm not one of them. i'm proud to say the word and be the most pro-union president in american history. [cheering] >> president biden: i promised you i would be, i said i would be the most pro-union president in american history and make no apology for it. >> carley: the feeling does not seem mutual. brooke singman has more. >> brooke: the country's largest auto workers union speeding toward historic strike that would cost the u.s. economy $5 billion in just 10 days. president biden is brushing off that threat. >> mr. president, are you aware of an auto strike? [indiscernible] -- don't think it is going to happen. >> brooke: the president of the auto unioned he was shocked to hear him say that at this point. they want cost of living allowances and defined benefits and pension. when corporation come to the government, there is always a raent why it can't happen. it is earned, actions speak louder than words. >> brooke: the president spent labor day taking jabs at his predecessor. >> just one of two presidents in history who left office with fewer jobs in america than when he was elected. the last guy didn't bottomed a damn thing. >> he hit back, united auto workers vote for trump. they have one week to reach an agreement with the union and avoid the strike. another blow to the president, new polling shows 37% approve af biden handling of the economy and 34% on his job on inflation. >> todd: bring in director for center of economic opportunity patrice onwuka. referencing the president of the united states, low inflation, really? trump shipped jobs to china, that did not happen. taking return for credit for return of jobs, that simply happened with the end of the pandemic. will the lies overcome what people feel in their wallets and hearts? >> no, they won't. i've seen a headline that says it all, president biden is touting bidenomics and americans are not buying it. his policies are the result of his policies. whether talking about inflation or his disingenuous dig about creating 14 million jobs. 70% of the jobs were because of the economy returning. biden's job creation record is not as strong, revision down every month, june, july and every month previously suggest he is not good at creating jobs. we know government does not create jobs except government jobs. what stimulates economy is small business, private sector allowing people to start businesses and biden policies are not helping. >> carley: what about the possible auto worker strike. the president said he is not worried about a strike, it is not going to happen and that drew surprised reaction from the auto workers president. it would result in $859 million and manufacturing loss of almost a billion dollars. there are political stakes here, big-time economic stakes, how does this play out? >> it will not help him certainly, particularly in areas with large car manufacturing places like michigan. some states that president biden need to win over blue-collar workers. i think it is interesting to see what his acting labor secretary will be doing, whether secretary pete buttigieg is involved in negotiations. i worry about the idea the federal government needs to grease the squeaky wheel to keep the auto workers, i think negotiation will go on behinds scenes and i worry about taxpayers when one companies we need more tax dollars. we need to focus on small businesses and when you look at president biden's policies, just ones released last week will hammer businesses with new labor cost that will make buying cars and everything else more expensive. >> todd: "wall street journal" poll shows trump and biden tied in a general election match up despite not one, not two, not three, but four indictments against president trump. what is your take? >> biden has no advantage whatsoever and this beats well for president trump. look at republican voters, these indictments are politically driven and absolutely motivating their support for him. this looks good for president trump. >> carley: thank you for joining us. thousands of migrant children are expected to enter the new york city schools this week. a charter school group said they offered to upon had, but city hall is not calling them back, we are breaking it down. >> todd: to college basketball. wait, this was college football and one heck of an upset. >> making a house call with exclamation point on this one. down goes clemson, 28-7. >> todd: we'll show you how the unranked duke blue devils smoke the clemson tigers, when "fox and friends first" moves along. ♪ ♪ beer for breakfast, hangover fix. ♪ ♪ (fisher investments) in this market, you'll find fisher investments is different than other money managers. 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(female announcer) now, millions more are covered by medicare. take advantage of the expanded coverage by calling today. >> carley: fox weather alert. active weather scene over the atlantic ocean, three areas being monitored as we approach peak hurricane season. >> todd: disturbance near the african coast has potential of hurricane lee sometime this week. janice dean has fox weather forecast, tis the season. >> janice: it is peak season heading into this week, not out of the question we will see a hurricane in the atlantic. i think it will be a strong one. will it come toward the u.s.? not sure yet. this is possible tropical storm lee. it is close to caribbean probably as major hurricane. all of these islands, puerto rico, monitor this system. past five days, a lot of discr discrepancy, it is too early to tell. we will keep you posted. here is tropical storm frequency, we are reaching peak season with 64% of activity remaining, we will be talking about this into september, i think. scorching heat for southwest, southernin plas. dallas, what a summer, mississippi, alabama. today in 90s in new york city, 95 in nyc tomorrow. hanging on to the heat as kids are going back to school. schools are possibly closing because of how hot it is going to be across the country. we could see potential for stronger storms today over upper midwest as front moves through. watching the tropics, 95 in new york city for september, much of the country in the heat. >> todd: thank you. >> janice: see you soon. >> as legislator, i vote to protect unborn, women sports and parental rights. the woke mob does not want me in congress, i am running anyway, i know how to take them on and win. >> todd: only republican legislator from north carolina now running for congress. state representative erin pare hopes to unseat the 13th district. she joins us now. how do you think culture war issues that we heard in your campaign ad are going to play in a district that just elected a democrat in 2022? >> well, thanks for having me on this morning, todd. i'm a conservative legislator that represents population of 86,000 people, in the house of representatives. i was able to flip that seat in 2020 from democrat to republican, having been outspent 20-1. i've been voting to block the radical left's agenda since then. these are common sense issues. i am a business owner, military wife and a mother. i worry about the future of my kids as they leave school and enter the work force in adulthood. that is why i'm running and i think regardless of what affiliation from a partisan standpoint people find themselves in, they are scratching their head and want somebody to do something about it. that is why i'm running. >> todd: drill down on that. to win the state rep position, you have to get democrats votes. when you are out campaigning and you can taking to democrats who you need to win, what do they think about the far left push of their party on issues like gender identity in sports? >> well, the issue of fairness in women sports crosses party lines. over 70% of voters support the bill. it passed house and senate and survived veto from our democratic governor. that is a popular issue. i think when you are talking to voters, even democrats, when you go too far, they think, this is enough and common sense wins the day and prevails and i think that is where we are heading on issues like parental rights in education and fairness in sports. people want leadership in congress, people who live it everyday. i'm a suburban mom. issues are the same for them as it is for me and they want leadership right now. >> todd: you are a military wife, drill down on that. your husband deployed eight times to iraq and afghanistan. thank him for his service and thank you. if elected, what will you do to hold the biden administration accountable for the disastrous afghanistan withdrawal. >> the afghanistan withdrawal was tragic. i've been in the position of these military families. 12 years of our marriage, we were active military. i did so much to support families of deployed soldiers. i remember seeing him off when he left fer deployment and i remember dreading that possible knock at the door. when in that position, you put your faith in leadership and believe in the mission, families believe in the mission. this is catastrophic strategic failure at that level and it is on the biden administration. it comes down to leadership, we have to hold the biden administration accountable for these blunders. these were 13 american service be ms, we can't brush them under the rug. we have to address this and i will do that. >> todd: keep us posted on your campaign. staying in north carolina, switching gears. college football. duke stunning the college football world last night with a massive upset against the ninth ranked clemson tigers. >> fumbles the ball and picked up by stetson. being chased midfield and tracks him down and maybe saves a touchdown. >> todd: duke blue devils, forcing three turnovers on their way to the victory. final score 28-7. >> incredibly disappointing loss. all my years of football, i've never been part of a game like that ever. >> todd: it is okay, dabo, as ainsley has said, she really likes you. first time clemson has latest a season opener since 2014. >> carley: when ainsley likes, you ultimate win. and competing for first time since 2005. tiafoe and fritz will play today. gauff is hoping to punch her ticket to the women's semifinal in her match today against latvia. >> todd: looking forward to it. carol kim jong-un is meeting with -- >> todd: chinese nationals caught trying to access u.s. military bases, some posing as tourists saying we're here to go to the hotel. it is wild and raising espionage concern and we are asking congressman michael waltz about it next. >> todd: dictator kim jong-un expected to meet with -- >> carley: just days before president biden departs for the summit in india. >> it is possible president biden trip to asia will overlap with kim jong-un's. north korea leaders likely to arrive to russia pacific coast on september tenth. urging russia to provide anti-tank missiles. un will be seeking food for people going hungry while under his leadership. united states first warned of north korea aiding -- provided this update last week. >> trying to convince pyongyang to sell to russia. kim jong-un have exchanged letters alleging to increase bilateral cooperation. under potential deals, russia would receive significant quantity and ammunition which the russian military plan to use in ukraine. >> on thursday, president biden will head to new delhi for the summit taking place over the weekend. president biden did not respond to questions about mr. kim's travel. >> what do you think about kim jong-un going to russia, sir? >> kept on walking there. any chance president had 've meeting xi jinping, the president will not attend. >> carley: let's bring in congressman michael waltz who serves on the foreign affairs committee. it is incredibly rare for kim jong-un to leave the country, he will take a trip to russia to talk about a possible arms deal. put this in perspective for us. >> this has been in the works for a while. r russian defense minister visited pyongyang a month ago to set this deal up. this is significant in a couple of ways. i'm not as worried about the equipment, north korea has been stockpiling and using russian-made equipment for 70 years in military dictatorship. i am very worried about the amount of ammunition they could provide, particularly artillery. they can provide thousands of rounds, allowing russia to push the war out in ukraine. if the counter offensive breaks down, this will allow putin to continue the war and the other thing, this is extension of the unholy alliance of iran, china, russia and north korea, new axis of evil and im00 not seeing anything in terms of strategy from the biden administration to drive wedges in between the axis of evil to disrupt this new alliance. you just see a shoulder shrug from the white house. >> carley: you mention china and "wall street journal"s chinese nationals posing as tourists have gained access to military bases 100 times. chinese nationals found crossing into u.s. missile range in new mexico near u.s. government rocket-launch site? florida. when they get caught, they use scripted language saying they are tourists who lost their way. how serious is this? what information are they trying to obtain and have any of them been successful? >> it is incredibly serious and this is part of the avalanche of espi espionage, chinese espionage, whether cyber, spy balloon, new spy bases in cuba, taking play out of soviet union play book. they are just throwing as many out there to see what sticks and see what they can collect and a lot of people are being coerced, whether researchers, students or tourists because if they don't do it, their chinese families suffer back home and that is how they force them to do it. the problem is what is the consequences from the biden administration? nothing. they get more meetings from cabinet secretaries. the message in beijing, no down side to doing this, let's do more. there is no consequences. >> carley: imagine how an american be treated in china. these suspected spies are getting trespassing violation, essentially a parking ticket. something needs to happen there. the g-20 summit will take place in india this weekend. xi jinpings he will not go. >> i am disappointed, but i will get to see him. >> carley: why wouldn't the chinese president go? what do you make of this? >> i was just in india and this is about china disputed border with india. chinese just released new map showing it taking over south china sea and portions of india, as well. this chinese aggression can't go unchecked and biden administration is stuck in the thinking, if we can engage them more and send more high-level meetings, chinese will begin behaving responsibly and it will not work. they see it, beijing seeing this as signal to take more and biden is disappointed because he was sending cabinet secretaries to lead up to a meeting with he and xi jinping and xi jinping nows, i will not bother and we will continue spying and with ag aggression. >> carley: congressman, thank you for joining us, we appreciate it. back here in the u.s., democrats are accused of using the court to keep donald trump off the trail and now trying to keep him auch the ballot. >> i think it is a valid argument, the 14th amendment, section three is clear, it is disqualification from holding office again and fits donald trump to a tee. >> todd: ask former acting attorney general matt whitaker if this is constitutional, legal, all of it. don't go anywhere. icy hot. ice works fast. ♪ heat makes it last. feel the power of contrast therapy. ♪ so you can rise from pain. icy hot. every day, businesses everywhere are asking: is it possible? with comcast business... it is. is it possible to use predictive monitoring to address operations issues? we can help with that. can we provide health care virtually anywhere? we can help with that, too. is it possible to survey foot traffic across all of our locations? yeah! absolutely. with the advanced connectivity and intelligence of global secure networking from comcast business. it's not just possible. it's happening. >> carley: pennsylvania state police taking over the search for this convicted murderer who escaped from prison on thursday. he has been spotted four times, including by a trooper who tried chasing the convict. he was seen mile and a half from the prison on saturday. he is an illegal immigrant from brazil, where he is wanted on murder charges. there is a video of his mother begging her son to surrender. defense team for alex murdaugh set to speak publicly about the push for a new trial. they say they have new evidence in the case. alex murdaugh was convicted of the killing of his wife and youngest son. he is serving two consecutive life sentences and will appear in federal court for financial crimes. >> todd: democrats trying to keep former president trump from being on the ballot in 2024 and their argument is the 14th amendment. >> the language is specific, if you give aid and comfort to those who engage in insurrection against the constitution of the united states. there is powerful argument to be made, it is disqualification from holding office and it fits donald trump to a tee. >> todd: law professor jonathan turley says the amendment was written to deal with those who engage in an actual rebellion, causing hundreds of thousands of death, including unsupported claims and challenges involving election fraud. former acting attorney general matt whitaker joins us now. to jump off what jonathan turley was saying, to me, this case following. there is not enough evidence for somebody like jack smith to charge donald trump with insurrectorion, democrats want to keep trump off the ballot because in their mind this feels insurrectoriony to them. what say you? >> it is good to be with you today. fortunately, that is not how the law is interpreted, not a matter of insurrectorion, what matters is intent and obviously the 14th amendment that you quoted was meant to cover the civil war over 100 years ago, a very dark moment in american history, jonathan turleyin points out thousands died in that conflict. the left want to disqualify donald trump because they think he is effective and they worry about him becoming president. i come down on this, so much of our constitution gives power to the people and people have to decide who the president should be in 2024, not some judge in some random courthouse in america or congress. >> todd: if trump were to be kicked off a ballot, could our system survive? this is weaponizing the law and flawed interpretation of the law to keep political opponents off the ballot. >> every action has equal and opposite reaction and this is no different. this legal theory were to be used, then you would expect that when given the chance, folks on right would use that power against the left's candidate. that is not how it is supposed to work. i don't think they will be successful, this is just another attack that the left is trying to use to disqualify donald trump. >> todd: the founders created checks and balances, including the supreme court. any chance the supreme court allows a state to do this? >> i don't think so, i suspect this would move quickly through the court, if it happened, talking about essentially a ballot challenge and if states were to remove a candidate, i expect that would move through the court on an expedited basis and we would know within weeks whether this holds weight. >> todd: the president told people to protest peacefully, hey was not carrying a musket. >> peacefully and patriotically. >> todd: michelle obama's name keeps coming up as backup plan for biden in 2024. >> carley: steve doocy will look at what is coming up on "fox and friends." >> steve: hello, carley, welcome back from vacation. >> carley: thank you. >> steve: i've been tracking you on instagram with your beautiful baby. hi, todd. coming up nine minutes and 31 seconds from now. roadblock ahead? president biden down plays an auto strike that could cost billions of dollars. donald trump plans to use this strike to his advantage if the union will go along. hopes of vaporizing retail theft, how fog is being deployed to deter shop lifters. they have no idea where they are. we'll tell you how it works and michigan police officer thought he was pulling over a reckless driver during rush hour, ends up saving a choking baby. the dramatic rescue and hero cop coming up. nancy grace and leo terrell on a busy tuesday morning. pour yourself some coffee, "fox and friends" startless on the channel you trust for your morning news. todd and carley back in a couple. start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. ♪ chevy silverado has what it takes to do it all. with up to 13 camera views. and the z71 off-road package. ♪ you ok? 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>> well, he is spending too much time on vacation. but, also, how tone deaf to make a comment like that. you know, you have got people that have been impacted by hurricane. people impacted by wildfires in maui that literally do not have a home to go to and you have the president and commander-in-chief talking about how he has to go to his vacation home on the beach because his other home is currently being upgraded and then he jokes about homelessness which is also affecting a record number of americans particularly in blue states like california. so, completely tone deaf all around. and, also, the notion that he has to go to delaware and the one house isn't available. he has got to go to the other one. last time i checked he is probably go anywhere in the united states and probably find some place to stay. i would suggest east palestine, ohio but we know he told us a couple days that he doesn't have time to go there either. he was planning on it, and then someone reminded him that he has to literally go around the world so no time to go there either. it's about seven months since those people experienced disaster. the president, apparently though does not have time to make it there what a shame. >> i don't know if there are any billionaires in east palestine they could put him up. also, tomi, this definitely feels like middle class joe biden definitely one of those people starting to turn summer into a verb as opposed to the middle class people that he fights for. want to get your thoughts on this. michelle obama could give president biden a run for his money if she wanted to run for president. look at this in hypothetical matchup 48% of democratic voters would choose the former first lady only 36% would choose the president. your thoughts on this, tomi? >> i think that we have all known for a long time that michelle obama would be a big threat running as a democrat whether it was against joe biden in place of joe biden, what have you. you know. she has been incredibly popular the democrats love the fact that she checks a lot of boxes. speaking of that, it's going to be really hard to convince kamala harris to step aside for michelle obama. they still have that kamala problem. it also speaks to what a horrible vice president that she is. they would look to michelle obama instead of lifting her up for that role. whether it's michelle obama or gavin newsom or joe biden. this is not going to be a easy race. people looking at the country think 2024 is going to be a landslide for republicans, whoever that republican nominee is wait and watch because the democrats are very good at this game. if it's michelle obama we are in trouble. if it it's gavin newsom we are in trouble. even if it's joe biden we're in trouble. that's why we have to be lidge lent and keep our grassroots game strong. nothing is a about given at this point, guys, as you well know. >> there is a new "wall street journal" poll says they are only three years apart. 73% of voters feel that biden is too old to seek a second term compared to 47% of voters who said the same for 77-year-old trump. so age is certainly going to play a factor in the 2024 election as well. tomi, got to leave there thank you so much for joining us. we appreciate it. >> thank you, guys. >> todd: tomi does raise an important point. democrats do better at running elections and republicans got to pay attention to that "fox & friends" starts now. ♪ ♪ >> president biden out there pushing his jobs agenda. >> great real estate builder. the last guy here he didn't build a damn thing. on my watch infrastructure is decade and it's a headline. >> people on main street across america aren't feeling it? >> that biden, he's getting old, man, i will tell you what. >> is biden too old to run for president? 73% say yes. 22% no. >> both parties seem to be sticking theirening beginningers in the here na na na, i can't hear you, i can't hear you. >> some companyings using a disorienting and

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