heather: the 70th annual emmy awards living up to the hype. "fox and friends first" starts right now. ♪ ♪ heather: live in the moment especially if you're moment tunes you into "fox and friends first". it is 4:00 it is 4:00 am, live show on the fox news channel and happy tuesday morning. let's begin with this confirmation of brett kavanaugh, put on hold, the supreme court nominee and the woman accusing him of sexual assault are set to testify on capitol hill. douglas later live with reaction from all sides and there's a lot of reaction to talk about. >> reporter: it will be an explosive hearing on capitol hill assuming christine agrees to testify, she accused brett kavanaugh of sexually assaulting her when the two were in high school. donald trump is standing by brett kavanaugh. >> i think he is on track. i wish the democrats could have done this sooner. >> reporter: deputies are looking for a significant delay, beyond the midterm elections. to that end many are demanding a full fbi investigation. the senate minority leader, chuck schumer saying in a statement we need the fbi to assure the senate and the american people have complete information about this alleged troubling incident before a hearing is held. that could take weeks although the fbi indicated there is not much for them to investigate as far as federal crimes are concerned. much of this comes down to the degree that moderate republicans are swayed by brett kavanaugh's accuser. >> i don't know enough about doctor ford and her allegations. obviously if brett kavanaugh has lied about what happened, that would be qualified. >> reporter: it is possible, even likely we may never know which person is telling the truth. >> reporter: definitely remarkable, everything that happened in such a short time. what doug was talking about, questions raised about brett kavanaugh's accuser and what she told lawmakers, lindsey graham who sits on the judiciary committee says her story is not lining up. >> if miss ford did not want to come forward, never planned to come forward, why doesn't she pay for a polygraph in august entire a lawyer in august if she never intended to do what she is doing? i think it is part of a pattern. they can't beat him on the law so they are trying to destroy his life. if a conservative edited a tape of the liberal nominee to the court where you take the words and turn them upside down, remember what kamala harris did to brett cavanagh trying to put words in his mouth, they tried to say, that he has knowledge of stolen documents when he did not? their has been a pattern by democrats on this committee to take his words out of context and accused him of things he had nothing to do with in the last straw the allegation that came about last thursday and why didn't they ask before? >> reporter: centigrams of the confirmation cannot go forward until brett cavanagh's accuser is heard. another big story breaking, donald trump ordering several key fbi documents in the russia probe to be released. devon nunez says it is a critical step. >> the mainstream media is buying the kool-aid this will endanger national security, don't know how many times they will run that but it is laughable that this will endanger national security. this is full transparency for the american people, all the information the american people need to see because for two years we have been force-feeding this russia kool-aid. >> reporter: this includes the 5 that -- fisa warrant which allowed surveillance on carter page, this was unexpected, the president wants texts released from james comey and andrew mccabe and more from peter stzrok and lisa page. sheriff deputies killed in a shootout with a suspect, officers responded to a call from an auto shop near sacramento, california, no idea the suspect was armed. 27-year-old the beauty died, the suspect also died, the suspect was shot and hospitalized. another deputy and bystander were hit, both are okay. he is a 4-year veterans of the force, leaves behind a wife, 37th officer killed in the line of duty this year. police identified the suspect accused of murdering a deputy in kansas was a convicted drug dealer shot and killed robert quincy as the deputy tried to handcuff him. russian spy plane may have been accidentally shot down by the syrian government. russia as military claims the plane disappeared from radar with 14 onboard. as it was returning from an airbase near the syrian city, a search underway, russia is a key backer of bashar al-assad so watch this story, a lot of theories on what happened. 32 people killed in the wake of hurricane florence as rescuers raced to save survivors from flooded homes. the entire communities are cut off by the historic flooding. one of those places is possible, north carolina where we find griff jenkins as the water continues to rise, horrible stories coming out of there. >> reporter: the governor said the worst was yet to come and that is because the rivers, the lumber river, the news river and in politics fill, this entire town underwater because of the trend river breaking a record level, it was 28.4 during floyd in 1999, they have broken it at 29.28. it is unbelievable, they had 30 rescues in jones county yesterday. we spoke with the county manager frankie howard who said this is personal. >> we have resources coming in to help citizens get going. we have bottled water, folks that haven't had water for several days. we had some helicopters doing search and rescue, all types of resources here. >> reporter: it is exactly this prolonged storm surge we saw and record rainfall, 30 inches or more that hit people in new bern, turner 15 minutes of the road, 230 rescues the started according to the national guard and in jacksonville, a few rescues, this was a local volunteer, brendan watson, who rescued jamie and their dog hadn't seen him for four days. >> they were bad but nothing like this. i couldn't imagine if it came in, there would be nothing left around here. waiting for the water to clean up so straight and get back to work. >> lost all three of my vehicles, all flooded out. don't know what we are going to do but we will get through it. >> reporter: donald trump intends to visit in coming days, sarah sanders says he will come when he won't impede rescue efforts. jillian:'s it is horrible with the deaf happening but you see people coming together, trying to save people's pets, that is a markable as well. you have done a great job, thank you. a trade war looming as donald trump turns up the heat on china. the white house laughing tariffs, additional $200 billion worth of chinese products starting at 10% next monday and rises to 25% in january impacting things like handbags, baseball gloves, chandeliers, a long list, beijing threatened to retaliate but donald trump is prepared to impose tariffs on an additional $267 billion worth of chinese imports. lawmakers from both sides of the aisle approving legislation to combat the nation's opioid crisis. the bipartisan package passed in a vote of 99-1 including new restrictions on opioids and other drugs shipped into the country, something donald trump called almost a form of warfare, 72,000 people died from opioid overdose, the legislation has back to the house of representatives. the emmys, did you catch it? the emmys living up to their hype wasting no time getting political. >> my mother is not watching, she says she doesn't like watching the the ward shows because you don't thank jesus enough. that is true. the only white people that thank jesus are republicans and ex-crackheads. >> the first emmys were held in 1949. things were very different back then and we all agreed the nazis were bad. >> reporter: they are pulling no pensions opening the awards. and then an actor could be seen in the crowd wearing white face, people in social media thinking that is actor donald glover, his show is atlanta. game of thrones to come best drama series and amazon's marvelous mrs. maple led the pack with 5 total wins. they are opening, talking about diversity trying to emphasize diversity in hollywood but it is only diverse for those who one to beat the first whip. 12 minutes after the top of the hour, nuclear showdown in north korea, kim jong un and south korea's president in a push for peace in the korean peninsula. gordon chang is up next to talk about why this is a make or break summit for denuclearization. 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[ male announcer ] superbeets from humann. order your superbeets today. call... or visit... with who we are as people and making everybody feel welcome. ordering custom ink t-shirts has been a really smart decision for our business. i love the custom ink design lab because it's really easy to use. they have customer service that you can reach anytime. t-shirts help us immediately get a sense of who we are as a group. from the moment clients walk in, they're able to feel like part of the family. - [spokesman] custom ink has hundreds of products for your business and free shipping. upload your logo or start your design today at customink.com. heather: north and south korean leaders kim jong un and moon jae in, meeting again. could this break denuclearization deadlock with the us? here is the author of nuclear showdown, gordon chang. thank you for joining us, appreciate it. what i meant to say at the beginning is is this make or break it for denuclearization? how significant is this? third time the charm? >> reporter: probably not. two korea leaders basically on the same page, they want unification of the korean nation and president moon want to shovel money to kim jong un. that undercuts our efforts to dismantle north korea's nuclear weapons program and we are at an impasse because we live off of maximum pressure. now kim is getting the money he needs, doesn't see the need to give up his weapons. heather: what do you mean by maximum pressure, sanctions and who is not following them? >> maximum pressure was the name donald trump gave to sanctions, it was working well to the end of may. then in order to create this 1-shot opportunity for kim to give up his weapons donald trump decided to be generous, make them feel secure. kim didn't make it the way we wanted him to. he thought this would bring it fast. we have kim not picking up his weapons and donald trump will eventually change and put the pressure back on. heather: in terms of sanctions not necessarily living up to them in terms of the un? a lot of talk yesterday about it, russia not doing what they are supposed to do, china, you and i talked about. >> and also the list of sanctions violators, we can add south korea because donald trump allow the russians and the chinese to violate sanctions the south koreans thought they could do the same thing. moon was very pro-north korea so this is an opportunity to put money in the hands of kim, the liaison office in the conference in north korea so we have a lot of people blocking sanctions at the moment. heather: here is what moon had to say in a tweet, what i want to achieve is peace, not change which can be volatile dependent on international situation but more permanent and unwavering peace regardless what might happen in the global arena. it the end of that what does that mean to you? >> two things was he wants a declaration to end the korean war and he wants to unify the two korean states so it would be irreversible. the only reason why he sees denuclearization of north korea as important as we made it so. from moon's point of view he doesn't care about forcing the north to give up its weapons. heather: i want to talk about the sanctions, countries not necessarily following them because you sent out a tweet that sounded interesting. of the trump administration wants to convince the world it will enforce iranian sanctions they need to do this first. >> secretary mike pompeo said there will be a new set of rules regarding business with iran. the international community won't listen if they don't think the united states will enforce iran's sanctions. they concede we are not enforcing iran sanctions, who has the first, north korea, before you can get the international community to help the us and iran. heather: you need to pay attention. gordon chang, appreciate it, have a good day. the time is 19 after the top of the hour. law enforcement across the country facing dangers like this every day. the body camera video just released that you have to see. deputies fire back. >> i'm never going to stop. >> reporter: sacrifice and accomplishment, the new ad featuring an nfl star that nike could get a lesson from. what social media thinks about that. ♪ >> 23 after the top of the hour. thank you for taking a jab at award winners who thank jesus. listen. >> my mother is not watching. she says she doesn't like watching white awards shows because you don't thank jesus enough. that is true. the only people, the only white people that thank jesus are republicans and ex-crackheads. heather: carly shimkus with serious xm 115 here with a fiery reaction. they just don't learn a lesson. >> i would say the emmys dipped its toe into the political waters this year but did not dive in as we saw in past years. i don't think they mentioned donald trump's name but some news outlets picked up the religious joke and wrote stories about it and there has been reaction to the emmys on a whole. let's look at this facebook post from becky, they just have to get political. i didn't know it was on but if i did i wouldn't watch for this very reason. another twitter user says simple answer to the reason i don't watch these shows. it seems people are so used to the shows being slanted in one direction that they didn't turn it on. they made a joke, the two hosts said they wanted to thank the hundreds of people watching at home. >> nike being ridiculed in a new gillette ad that takes aim at colin kaepernick. >> i would not say they're being ridiculed, totally separate as but this ad does feature a football player and it shows the sacrifice professional athletes have to make to get to the top. this one features seattle seahawk star shakeem for griffin who made it with one hand. >> you have gotten it. >> if you want to compare the two ads, one got political and this one has a measure of sacrifice but did it very differently. jan on twitter said so encouraged, thank you for the impressive video. people listen up and another twitter user that you are an inspiration. >> love to have him on the show. let's talk about this other topic. children got together for their dad and this forward mustang covering costs for cancer. >> exactly right. the father, wesley ryan sold his beloved mustang to pay for his wife's ovarian cancer treatment. his sons spotted the very car his father sold on craigslist, bought it back for him and surprised him. this footage is going viral on social media. one person says that is what family is supposed to go. such a wonderful thing to do. how about that story? love that one. >> two great stories to end on. feeling positive about the day ahead. 27 after the top of the hour, confirmation delay, judge brett cavanagh's supreme court vote on hold as he prepares to face his accuser. our next guest, a constitutional attorney says this will turn out great for republicans. >> can't believe this is happening. >> you just broke into our car. we got it on camera. >> a tv crew confronting thieves but another twist to the story they didn't see coming. heather: big news day, donald trump confident his supreme court pick will be confirmed as brett kavanaugh is set to testify about allegations of sexual misconduct. for more than three decades ago. here is constitutional attorney mark smith. thank you for joining us, appreciate it. we have a lot to get through. let's begin with what brett kavanaugh had to say. this is a completely false allegation, he has never done anything like this, like what the accuser describes him doing. you can look at the rest of that if they can pull that up. your initial thoughts on it? >> the strong presumption of innocence in this situation is on brett kavanaugh's side. although the allegations are serious, the way they were presented to the senate judiciary committee, it is sketchy. the accuser and the attorney gone directly to chuck grassley as chairman of the committee they would have looked more like a true finding process but it was given to a partisan democratic senator, dianne feinstein of california and she had it and did nothing with it until the last second when it looked like the brett kavanaugh confirmation was inevitable. that process raises real questions. is this another dc establishment game of dirty tricks? that is why the presumption brett kavanaugh, extremely strong. heather: it is a completely different atmosphere the 1991 with anita hill and judge clarence thomas, people talk about comparisons to that yesterday. >> the thing about anita hill and clarence thomas is an era you didn't have the internet or alternative news sources, no ability of individuals, the so-called pajama media to find information that corroborated or discredited stories the way you have today. we will see what happens monday at the hearing but there is evidence that circumstances leading to this allegation or how it is presented to the senate judiciary committee, again, may raise credibility questions with the accused. heather: another topic we have to get to. the fisa documents. we knew this was coming, expected it to happen. this addition of text messages from james comey and andrew mccabe and bruce ohr. >> the president of the united states has final say on whether a document is declassified and when that stuff is very close to the vest, what we know from the steel dossier thing and the russia investigation is this is not security classification but a political operation. the more information comes to the american public the better it is for the american public and very good for donald trump as well. heather: we have key democrats saying donald trump is releasing material he knows will benefit him, selectively releasing certain material and what does that tell you? that somebody's worried about it? >> that is right. they must know that is in there and why they don't want it out there. would it be great if this came out 12 months ago. more information is better. if you have an allegation the 2016 election was corrupted by that. i am not sure how much the american people trust the experts in washington dc anymore. >> on both of these issues. >> that is what we are having on monday. >> we need to have you back to talk about it. appreciate it. tornadoes causing a path of destruction in the wake of hurricane florence but several touching down in virginia ripping off roofs and killing one person. allison barber live in dylan, south carolina where people are trying to pick up the pieces after the storm. >> that death toll number seems to continue to climb, the rain keeps coming. an area that is prone to flooding, parts of the county seem untouched by this storm. other parts look like this, pockets of flooding r, some areas were able to start drying out but we have seen the rain come back in waves, significant improvement in this area compared to what we saw yesterday. the pockets of water not as big, houses that were dark yesterday have lights on today but it continues to rain periodically. officials expect more flooding, river flooding, florence is not been a hurricane for days but what is left bond multiple tornadoes in virginia. >> all of a sudden, and they had a tornado and all our trees are down and this is it. >> officials say those tornadoes killed one person and injured another. because of the storm there have been deaths in three different states. >> they warned us flooding would be the problem. great to have you with us again. shocking body cam video just released shows the moment of suspect pulls a gun on police before they shoot back. this is south of denver. police say the man was not cooperating after a traffic stop before he pulled again. he was wanted on a berkeley warned, was shot and killed, no deputies were hurt. the trump administration capping refugees admitted to the us to a record low. secretary of state mike pompeo announcing the proposal for 33% decrease from 45,000, just 30,000 refugees next year. he says the goal is to get the best possible care and safety to these people in need and the us is the most generous nation in the world. we told you yesterday, man is going back to the moon, space announcing japanese billionaire maiowazi will be the first private taurus to go to space. >> i can tell you that i'm going to the moon. >> he won't land on the moon but just fly around it. it is unclear how much he paid for the trip but he says it is a lifelong dream to go into space and that trip is expected to launch in 2023. i thought it would be a normal person, not a billionaire. 20 minutes until the top of the hour and democratic pool of candidates getting crowded. which major player dropped a big hint. the brand-new drink that may be booming. he's a genius. she's also a genius. and so are they. because they all went to lendgenius.com to find the loan they needed. our intelligent technology makes connecting with a lender fast and free. get a lender decision in minutes and - with approval - receive your money in as little as one business day. lend genius is the genius way to get money for debt consolidation, vacations, paying off bills or home improvement. be a genius. find a loan with lendgenius.com. >> former new york city mayor michael bloomberg could be i got president to run as a democrat, the billionaire telling the new york times i am way away from where the republican party is today. not to say i am with the democratic party on everything but i don't see how you can run as a republican. bloomberg has been teasing a presidential run for more than a decade most recently as an independent in the 2016 election. lower carbon emissions showing up in private carbon spewing jets. jerry brown hosted a global climate action summit last week in san francisco where 4000 elected officials and environmentalists gathered to discuss ways to fix warming. private jet traffic at san francisco international airport rose by 30% during the 3 day conference. from jets to trump. a new pickup truck will be on the market and it could be built in the united states. tracy carrasco from foxbusiness with more on the production plan. >> reporter: thank you. automotive news is reporting the ram pickup truck could be built at a factory in toledo, ohio alongside the oncoming jeep pickup truck. initials speculation was there was going to be built at a fiat chrysler facility in mexico. the timeline for this new pickup truck, 2021. that has been moved up since 2022. and what about this? cannabis:hitting the market. >> considering moving to the whwh market for cannabis infused drink, they are watching the chemical and marijuana believed to relieve pain and anxiety. this space is evolving quickly. no decisions have been made at this time after a report in bloomberg which the coca-cola was in talks with a canadian cannabis company who would not comment on this but we will wait and see. heather: it is national cheeseburger day. never too early to have a cheeseburger. we are submitting with 3 burgers. >> wendy's is turning this into a month-long celebration. when you order something from the wendy's apps you get a free burger. >> got to get my hair done. here it comes. >> i love dipping the wendy's fries and going for that. through the environment. >> lots of other deals for national cheeseburger day, red robin, and doing things to celebrate the day. >> stand behind me. i am the one that can't turn around. that is a single by the way. they are huge. everybody check out wendy's today. the time is 15 minutes until the top of the hour. our democracy is in crisis according to hillary clinton. how the failed candidate took her attacks against donald trump a step further in a new scathing op-ed. ♪ it's no longer enough to be fast. so it's no surprise that the company that led the charge to fast, who built the nation's largest gig-speed network, is already moving-beyond. beyond wifi that just connects. to wifi that thinks about what your customers want. helping you to compete. beyond the reliability you expect. to knowing that if the power goes out, business goes on. ♪ ♪ beyond chasing down network problems. ♪ ♪ to a network that shows you when and where there's an issue. beyond clumsy dial-ins and pins. to one-touch conference calls. ♪ ♪ beyond low-res surveillance video. to images so sharp, they can help protect your business. ♪ ♪ comcast business. the company that delivers unrelenting speed in more places. is also the company that's redefining what a provider provides. comcast business. beyond fast. heather: the loser of the 2016 presidential election is claiming our democracy is, quote, in crisis, hillary clinton pending an op-ed in the atlantic thank trump and his cronies do so many despicable things it can be hard to keep track. that may be the point to confound us so it is harder to keep our eye on the ball, the ball is protecting american democracy. as citizens, that is our most important charge, and right now, our democracy is in crisis. here to set the record straight is katie freight. thank you for joining us, appreciate it. so let's get straight to it and go through five points she made in this op-ed. let's begin with donald trump's assault on the rule of law. your thoughts. >> i think what she means by this is an assault on democrats rule of law, she is not happy with the positions, the things he has done towards the epa and other initiatives democrats usually promote. on top of this she tries to say as if the president has this iron fist rule of law but she's forgetting the house and the senate and states rights and the supreme court. look at california. california is alive and well and fighting back against the president for better or for worse. states rights. heather: they forget those a lot. the legitimacy of our elections is in doubt. >> i think this comes again from the fact she is not over losing this election. there's a lot of bitterness that seeps through in this op-ed. did russia succeed in sowing discord? absolutely. did they interfere in those votes that got donald trump elected? absolutely not. maybe she should have spent more time campaigning in michigan. heather: third, the president is waging war on truth and reason. >> i'm never going to be the one to defend every tweet that trump makes. i think he oftentimes shoots from the hip and can be emotional but that doesn't excuse the media or politicians who use these anonymous sources, shoddy reporting, bad research, to put out stories, they are so intent on putting out the worst story they can find about this president is -- instead of any source that vindicate or support him and you see that kind of bias, you have to wonder that has nothing to do with trump himself. heather: that is true because you hear these good things donald trump is doing in terms of the economy specifically, different demographics ranging across the spectrum but that is not followed up on. it becomes who can get the dirtiest story or the most shocking headline. she said this, there is trump's breathtaking corruption. >> i'm not sure if hillary clinton should necessarily be the one talking about corruption. on top of that i'm not exactly sure what she is getting at with this. what corruption specifically is she talking about? she struggles to actually name definitive things, just keep using broad words like cronies and corruption to lay the groundwork that there is something insidious the president is doing but can give no concrete examples. heather: she is confused and thinking about the fbi and all the fisa document and text messages from james comey. fifth, trump undermines the national unity that makes democracy possible. want to talk about this one. >> i said this a lot of times with the tweets, he doesn't always help. to put things squarely on the shoulders of donald trump is like she has blinders on her eyes. the whole theme of this piece is she is saying for however many decades it is all republicans fault, donald trump, everyone in the house and senate, americans who believe in something different from her and for her to have the audacity to put all of this on the president when she give the responsibility to president obama's divisiveness is unbelievable and goes to show she has done 0 reflection on why she lost the election in the first place. heather: i thought about this a lot. people like president obama and hillary clinton, joe biden, john kerry, who is negotiating overseas, they really truly wanted this country to come together, they were concerned about unity, they could step forward, go to the white house, they could meet with donald trump, they could appear together as a unified unit, they could do that. >> they could do that but it is easier to be angry and easier to write snarky op-eds. you can't call for unity, can't call for civic engagement and bringing america back together and blame it squarely on 50% of the country. heather: everyone following their lead as well. thank you for joining us. 6 minutes until the top of the hour. partners in crime, the mind blowing theft this tagteam pooled off that you have got to see. >> can't believe this is happening. >> you got my speaker, just broke into our car, got it on camera. heather: a news crew given the robber what they wish for but watch what happens next. what, really? craig and shelia broke up!? no, craig!? what happened? i don't know. is she okay? ♪ craig and sheila broke up! craig and sheila!? ♪ as long as office gossip travels fast, you can count on geico saving folks money. craig and sheila broke up! what!? fifteen minutes could save you fifteen percent or more on car insurance. willy davis, who has alzheimer's. i decided to make shirts for the walk with custom ink. the shirts were so easy to design on the site. the custom ink team was super helpful and they just came out perfect. seeing my family wearing my shirts was such an amazing reminder of all the love and support that everyone has for my dad. - [narrator] check out our huge selection of custom t-shirts and more, for teams, businesses, and every occasion. you'll even get free shipping. get started today at customink.com. >> time for the good, the bad and the ugly, first the good. april dawson with a 3-d printer prosthetic hand throwing out the first pitch. she throws to mike trout while standing next to 1-handed pajamas and jim abbott. a newsgroup filming a piece on crime gets robbed. >> just broke in. >> reporter: grabbed the purse tossing it to a female accomplice. he reached back in and struggled to pull out our big speaker. >> can't believe this is happening. >> reporter: ebf so they hopped on this local bus. we caught up to them at the subway entrance. >> you got my speaker right there, you just broke into our car. we got it on camera. you will want to give that back. >> reporter: refuses to give it back. >> i'm going to call my mother. >> reporter: you should call your mother. heather: call your mother. the same crew during an interview later that night got robbed. the ugly, a grown man caught inside an arcade game, helping him steal prizes. police in new hampshire said another young child standing with him the entire time. that wraps of this hour of "fox and friends first," it continues right now, goodbye. it is tuesday, september 18th. brett kavanaugh will make his case in a public hearing with him and his accuser. >> our accusations enough to keep him off the supreme court bench? we are live in washington. >> a terrifying -- if god moves