to set herself up, if i would guess, for some type of accolade or promotion. courts can overturn this and she went ahead anyway. >> she wants to be a footnote in history i guess. i don't think she will be sanctioned because she is a judge and it is difficult to do that. it strikes me the real outrage here is the timing. if she felt this strongly about this, why did she wait this late to do it? it is going to go down. >> thank you for coming back to us with this breaking news. set your dvr, stay connected with us. fo >> todd: a fox news alert. a political battle at the

border. president biden and former president trump will both appear there today, highlighting immigration as a key issue, if not the key issue in the 2024 campaign. you're watchi "fox and friends first" on busy thursday morning. i'm todd piro. >> carley: i'm carley shimkus. trump will stop in eagle pass, texas, seen 2100 migrant encounters in the past five days. president biden will be in brownsville, which had just 46. each side accusing the other of a political stunt. lucas tomlinson live in washington with more. hi. >> lucas: good morning. we have dualing accusations. here is jacqui heinrich getting to the brass tacks yesterday. >> this administration criticized republicans when they

go to the border and say they are doing publicity stunts, how is this different? >> they are turning this into a political stunt by listening to donald trump and saying they need to kill it. this is what they have been doing and making it political. >> lucas: in texas, trump and biden will be five hours apart in areas seeing different numbers of migrants. eagle pass, where trump is going, seen over 2000 migrants in recent days. brownsville, where biden is going, far fewer, just 46. here is congressman from california, who immigrated to the u.s. with his mother from peru at age five. >> this is a massive political stunt to get re-elected. >> is biden a political stunt? >> republicans have been begging the president to go to the border now for months, so for any of them to say it is

political, i think is just totally another insane statement by any republican. >> lucas: house speaker mike johnson says biden need to go back to trump era border policies. >> joe biden is catching them and releasing them and it will continue sadly. we have to push. president has executive authority to fix it right now. >> lucas: more than three tims the number of migrants have entered during biden's term than all of the four years of trump's term. >> todd: laura, great to have you on, both sides accusing the other side as a political stunt. how do you see the dualing visits playing out today? >> president trump has gone to the border before he was president, while he was

president and after he was president. he likes to talk to agents about the situation and what they need. he will have eagle pass boondoggle him and will talk about how texas is enforcing the law and doing the job joe biden should be doing and isn't. joe biden picked brownsville, texas, an inactive area, as you just discussed and he'll go there and say it is congressional maga extremist republican fault for blocking a senate bill that would not have secured the border. for biden, it is about money. he needs more money to pay sanctuary cities and nongovernment organizations that have carried this out for him. >> todd: gaslighting from the administration on this visit is whole new level i have never soon. this administration continues to shock us. which visit do you think will

resonate with the american voter? >> certainly trump's. this is number one issue for americans in poll after poll. and particularly crime right now, we are being overrun with cases of illegal aliens who biden has let into the country and been released into the country and are committing heinous crimes, including murder on university of georgia campus and yet day after day, getting more crimes like this. a two year old killed and a 14 year old raped and on and on because biden let millions into the country. >> todd: i don't see how biden can flip the narrative it is anything other than political stunt, following horrific polling numbers when it comes to his handling of the border. lora reis, thank you, we appreciate it. supreme court, big one

yesterday, will consider former president trump's claim he has presidential immunity in his criminal election interference case raising questions over whether a trial would happen before the election. >> carley: brooke singman has more. >> brooke: good morning. supreme court is fast tracking. decision is expected in late june and will have block buster legal and political implication. former president saying without presidential immunity, a president will not be able to properly function or make interest in the united states of america. media are worried aboutim tooing. watch. >> when they inevitably rule that presidents are not immune from prosecution after they leave office, what that will tell donald trump, he can never leave the office of the presidency. >> clarence thomas needs trump

to win again so he can retire. >> a partner in the supreme court at this point. >> it is because of his conduct. >> brooke: and nikki haley says the supreme court should take up the question and settle it. she said no person should be entirely immune, not even a president, not clinton, not biden and not trump, it is unclear what court will land on. >> they will have to make some type of delineation for future presidents of when they can count on immunity. it is anyone's guess. >> brooke: trial for the election interference case was scheduled to begin next monday, one day before super tuesday. it will remain on hold until the supreme court decides if the former president is immune from

federal prosecution. >> todd: criminal defense attorney, this is critical on substance and timing. start with timing, walk us through the chronology, what this will look like now that the supreme court delayed this. could this delay it past the election, as you see it? >> this is a huge win for team trump and it can't be overstated. supreme court is not hearing this until end of april, which means decision will not come from the supreme court until may or june and june is when the court year usually closes. assume it is june, at that point, trial does not start the next day. they have to file pre-trial notions and pick a jury, which could take months to pick a jury in a case like that, assuming the supreme court holds no presidential criminal immunity claim for trump.

the state has said it will take four to six weeks. you are smack dab in middle of election season in the middle of conventions where you have this hypothetical situation, where the republican nominee, i think we all know absent something crazy happening, he will be the republican nominee, being tried by the opposing party department of justice. horrible look if it gets that far. there is potential that trials are not linear, trial schedules are not linear, there is potential this goes past general election and if trump wins, then there might not be a prosecution at all. >> carley: if the supreme court rules against former president trump and decides he can be tried for his actions on january 6, then what? play scenarios, best and worst case for the former president.

>> right, if the supreme court takes this up and says we agree with two lower courts, there is no blanket presidential criminal immunity, trump is in no different position than he is now. it is back on the trial calendar and you could see a trial in the middle of election season. if biden wins, the general election, that trial will proceed if there is no presidential immunity. if biden loses and trump is president, doj will not prosecute a sitting president and it will be trump's doj and we don't know what happens to the prosecution, it might fall apart. >> carley: more courtroom drama, you are in luck, yesterday illinois became third state to declare trump ineligible to run for president. this decision might not stand long, supreme court is hearing the colorado case.

tell us what you expect there moving forward? >> it is pretty unbelievable, it seems like a political stunt on part of the illinois supreme court. we have this issue pending before the supreme court and the justices were skeptical of the colorado supreme court's ability to unilaterally remove somebody from the ballot in a self-executing way. i'm not sure why illinois decided to do this, i don't think ultimately they will be able to keep him off the ballot given legal framework argued of the constitution. >> carley: politics rules the day, trump campaign spokesperson says. this is a ruling we will quickly appeal. thank you for waking up with us. breaking now, fire crews working day and night to control the out of control wildfire in texas and oklahoma which are being blamed for at least one death.

more than one million acres have burned and fires are only 3% contained. >> todd: next guest is a texas pilot using his own money and helicopter to help crews along the fire line. he will join us to tell us what he is seeing right now. i got the power of 3. i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it. i'm under 7. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. i'm lowering my risk. adults lost up to 14 pounds. i lost some weight. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes.

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>> todd: fox news alert, one dead and several injured after shooting in orlando overnight. several shots fired before officers arrived on scene. still unclear what led to the shooting, we'll bring updates throughout the morning. meantime, fox wildfire alert. one dead as several wildfires tear through a million acres across texas and oklahoma. 83-year-old grandma from texas is first confirmed death. authorities warn there could be more as they search for survivors. thousands of residents forced to leave their homes and businesses behind. >> we came back to try to get the remaining family pets and a few belongs in the house, we came out and the sky turned black the smoke was so thick. we made it out.

i can only describe as lunar landscape, baron desert. >> i called 911 when i saw that house burning, they sent fire trucks and deputies came and forced us to leave. i lost two dogs and two cats. it is emotional, this is our life. we've been here 50 years, it is tough. >> todd: second largest fire in texas history, this fire torched 850,000 acres, bigger than the state of rhode island. as of last night, it was only 3% contained. here is updated map of where the fires are burning. >> carley: a texas pilot is helping to fight the fires by dumping water from his helicopter. it is a good thing you are doing from this massive disaster. have you seen anything like this before? >> i have never seen anything

that compares to the magnitude of this fire. widespread, how big it is. fire line is so large, getting from one side to the other can take up to an hour in the helicopter. >> carley: video on the screen you sent the producers of you flying this helicopter and helping battle the blaze. you are usually cropdusting and livestock. this is a bambi bucket. what are you doing and how are you trying to help battle this fire? >> yes, so there was five of us yesterday. every helicopter holding 70 gallons of water 6789 we would try to locate the closest water source possible. you hover around the bucket and fill your bucket up. we were dropping water right on

the flames. >> carley: national weather services there is extreme fire behavior associated with this wildfire. flames as high as 20 feet hi. what does the fire look like from your point in the air? >> yesterday we were lucky. yesterday morning, the wind was calm. we surveyed north line of the fire and got a game plan together that the wind would shift out of the south. we started yesterday morning, the flames were not very big, the fire was not out of control. middle of the afternoon, the wind shifted blowing north and the weather was in our favor yesterday. >> carley: that could change, i understand, over the weekend. we'll get a weather report on where things stand because of changing weather. what are people saying about

this fire? it looks like it is affecting empty fields, i'm sure that is farmland, somebody's business and property. are houses in the line of fire? i understand there is nuclear weapon plant in amarillo, are you worried about that? >> that is 100 miles to the west. we were located around canadian. people are in shock, everyone is tired. the fire chief i flew around yesterday morning it slept maybe an hour. everyone is in shock that the town, i wouldn't say is in great danger anymore, it burned everything around the town. no way for fire to get into town, literally everything around the town is ash. >> carley: are you hearing anything about how the fire started? >> no, i asked yesterday and they did not have any idea how it started.

>> carley: are you coordinating your effort? you are a volunteer, are you coordinating with local officials? i'm sure they are grateful for pitching in and helping out. >> yes, yesterday we worked with the canadian volunteer fire department. >> wow. >> yes, we showed up to canadian, texas and worked in that county. >> carley: canadian, texas, i was thinking, this has gone international. tell us how much you are putting into the effort and the manpower and time, as well. does texas need more planes in the air to try to get the fires and flames under control? >> yeah, i think the big issue was it is a little before fire season in texas, none of the government contracts have been awarded, no airplanes stationed,

so it was left up to volunteers and local fire department. a lot of dozers and blades operating yesterday were privately owned by farmers and being brought in by neighboring ranches and such. only aircraft i saw all day were all volunteer aircraft. two were locally owned and three that come pretty good ways to help. >> carley: thank you for doing what you are doing, volunteering your time and money to get this under control. we appreciate you coming on and telling your story. thank you. >> thank you for having me. >> carley: we mentioned weather, meteorologist adam klotz is tracking it. >> adam: second largest wildfire in texas history has chance to continue to grow. here is where the wildfire is, 80 miles across, it took an hour in some cases to fly from one end to the other end in a

helicopter, just a massive wildfire, 850,000 acres barely contained. the winds right now are not that bad and weather may not be too bad today. rain and snow will be working through. 10 mile per hour winds currently. further south, there is rain and snow in the forecast in this region later into today. you could be talking about wildfire on the ground and snowflakes falling at same time, wild setup. weather whiplash. thursday, snow showers and temperatures 45 degrees. by the weekend, wildfire could be dangerous. saturday and sunday will be breezy and that spurs on fires. these are red flag warnings for today. what you see, this is further north. for right now, the fire weather in that region is good, things could change getting into the

weekend. >> todd: your guest said this is not wildfire season yet and that is concerning. thank you. hunter biden set for a public hearing and democrats are downplaying yesterday's deposition. >> carley: plus in a matter of hours, defense secretary lloyd austin will face tough questions over his secret hospital stay. congressman michael waltz will be in today's hearing and tell us what answers he's looking for, right after this.

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>> carley: the united states is considering air dropping supplies into gaza as land deliveries slow down. >> todd: trey yingst live in tel aviv with details. trey. >> trey: good morning. united states is reportedly considering air dropping aid into gaza as the humanitarian situation there worsens. u.s. officials telling axios this would not address all needs of palestinians in gaza, but believe this is desperate measure. this week small amount of aid was led, planes from france, egypt and uae participated.

a variety of factors contributed to lack of aid reaching gaza, especially in the north, among them lack of distribution channels and chaotic scenes as israeli forces have fired near aid trucks. dozens were killed in northern dpai while waiting for aid distribution, we have reached out to israeli military for comments. talks of a possible ceasefire continue and u.s. secretary of state blinken said most important thing when this conflict ends is to end this violence once and for all, we do not want this to happen again for israelis or palestinians and there is unique opportunity to do that. america's top diplomat seems optimistic given situation on the ground and no plans on the table to end violence between the two sides.

>> todd: defense secretary lloyd austin will face lawmakers on capitol hill today answering tough questions about why he spent days in the hospital and did not inform the american people or his own boss. mike rogers says it is unacceptable it took three days to inform the president that the anesthesia not in the pentagon. our bases were bracing for attack in syria. the president did not know anesthesia out of action. michael waltz serves on the committee, what are you going to ask the defense secretary, congressman? >> this is really incredible, i don't know if you have seen the report he released. first, nice try having your chief of sta, internal staff,

study this rather than an independent ig investigation. that is one who made that decision. more importantly and most important, was it him or a member of his staff that deliberately decided to not tell his deputy why they were transferring authority to her? by the way, she was drinking mojitos in puerto rico at the time. she didn't know. who made that decision and who made the decision not to tell the american people and to deliberately not tell the commander-in-chief for days on end? it is dereliction of duty and i think what you will see today, this was about process and we've learned to improve those processes. no, wrong. this is bad judgement from

someone in one of the most important positions in the world and this is not about your privacy, not about you. you have to leave that at the door when you take that oath. this is about the american people. they were let down. >> todd: quickly, are you calling for the defense secretary to resign? >> i don't see how he could not, how can he enforce discipline on a military if he can't follow basics himself. a barista at starbucks would know, you have to tell your supervisor and cover your shift, much less secretary of defense. there have been submarine captains fired for this type of defense. >> todd: james comer says hunter biden will testify. both sides said things went great. >> this was a great deposition

for us, it proved several bits of evidence we've been conducting. there are also some contradictory statement that need further review. >> how did it go? how did it go? >> todd: congressman, do you think there is enough from yesterday's deposition to impeach the president of the united states? >> here are three things we know and these are crimes. hunter biden was representing foreign governments to his dad, to a government official, vice president of the united states. that is violation of foreign registration act. number two, we know from whistleblowers there was obstruction of justice in terms of investigating whether they paid taxes on all of this money flowing in from foreign governments. number three, we already have hunter being prosecuted thanks

to the work of this committee and a sweetheart deal that fell apart for tax evasion and number four, he commingleded funds with dad, that is back ending yourself into a bribe. if you take money from foreign governments or adversaries through a family member to pay your bills, that's it. i think we should move forward. we'll see what comes out of this deposition with my colleagues. i hope they see this is -- we can't let this stand. >> todd: russian collusion was the democratic response. finally, quick answer on this, mitch mcconnell saying he will step down as senate republican leader in november, your reaction to the news and who replaces him? >> i know a lot of people are frustrated with senator mcconnell, i'm frustrated.

we see more mcconnell-schumer statement than mcconnell-johnson in terms of siding with house republicans. regardless what you think of senator mcconnell, his legacy with judges, his legacy in the courts, we would not have the supreme court we have today without the work of mitch mcconnell. >> todd: senator tom cotton potentially replacing mitch mcconnell, we'll see. congressman michael waltz, big day ahead of him on armed services committee. good luck. chilling update out of afghanistan. taliban holding public executions in stadiums, is this a consequence of the botched withdrawal? what about those left behind? joey jones will react. >> carley: and moment a ufc driver flips his truck while

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>> carley: stop and watch this. a former ufc fighter goes for a scary ride as he flips his truck while off-roading in the desert. watch. >> emergency call, sos service provided by the manufacturer. to cancel, press the sos or cancel button. >> carley: brendan chow joins me now. we are glad you are okay, but you love your truck and it is not okay. your youtube show is called tune town. tell us what happened. >> what happened, you get the truck to a certain point, it is ready to go. i didn't want to be a street princess, i'm doing what it is

intended to do, take it off-roading. we spent the whole day there. we had the go pro on, i did a sharp turn and the power got out from under me and entire truck flipped. pretty scary. >> carley: you got out of the truck so fast and thank god you were able to do that. it clearly has a good alarm system. the lady's voice telling you to get out of the car. what was going through your head when this was happening? >> it felt like slow motion, i felt like, you idiot, i've never had a car i didn't modify. now i'm older and can afford to modify a car or truck even more, i went over the top with this drug, 1100 horsepower. i remember thinking, do this

right. i'm not an expert or professional. i'm headed down a better road after this. i've had friends reach out, the mint 400, professional truck racing. this pushed me toward learning how to properly drive like the pros. i've been getting some actual training on off-roading and driving powerful trucks. these trucks and cars have never been faster, more powerful, it is important to take proper time to handle these beasts. >> carley: that is good advice. i watched this whole video, the episode of tune town. i thought it was entertaining, a good show you put out. you don't have your favorite car, but in that episode, one moment you got emotional, let's listen to that.

>> i bring my son with me everywhere, i want him to learn about cars and trucks and motor sports, he's always with me. this one time his mom said, nope, he has school, don't bring him. thank god he didn't come. that messed up and thank god my son wasn't with me. >> carley: this could have been so much worse. >> yes. yeah, my eight-year-old son tiger is my mini-me, he goes everywhere with me, on the road wherever i go. he loves trucks, loves them. that day, like i said in the video, he was supposed to go, his mom didn't want him to go. not that she thought something bad would happen, he had an important thing at school. big-time blessing he didn't come. i'm going over and in my head

thinking, you got kids, you idiot, learn the proper way, man. i'm on the right track now. thank god for good insurance, it is important to have a good insurance policy, this happened in january, finally i got a new t trx, so we're on the right path and i'll be racing in the mint 400 next weekend in vegas. see if my training has paid off. >> carley: i saw you posted, am i doing it right, picture of your car flipped, that made me laugh. not in that moment, but many other areas, you are. glad you are okay. >> todd: what stood out to me, training, he covered his head flipping over, watching his head. >> carley: good point.

if you want to hear more of todd's good point, watch the show. we want to see more of you guys. you can make good points in the videos, people who watch everyday, send a quick video with your name, where you are from, why you are up early and what you like about the show. e-mail to friends first at fox.com. we look forward to hearing from you, i like seeing your houses. >> todd: first time people on the show said i made a good point. breaking news, president biden and former president trump both visiting the border today, white house says timing has nothing to do with biden's tanking approval numbers. joey jones will preview the border showdown. >> carley: first lawrence jones will preview what is coming up on "fox and friends." lawrence, you are center of the action today. >> lawrence: good morning, my friend and family. two presidents, two different

locations. former president donald trump will be in eagle pass and current president of the united states will be here in brownsville. big question, why here and why now? i talk with residents yesterday about that very question and this is what they had to say. why do you think joe biden is coming here so late? >> that is what nobody understands, why come now? >> it is a great disappointment to us who live and work here. i feel frustrated, disappointed, sad. >> him coming here will not fix the problem. >> he should have come when it was a real surge, a real crisis. >> lawrence: we'll have jake johnson on the program to react to that, why the change? a big difference in way they enforce the border in the obama administration to now, we'll

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riley will be laid to rest in her hometown woodstock, georgia. >> mayor of athens, georgia, interrupted by angry residents over the inspiring nurse's murder. watch this. >> who is voght to make athens clark, county a sanctuary city. who? what's the name. >> you are here to listen. not time for questions. >> you are guilty and have blood on your hands. you need to go, sir. we don't want to hear from you no more. >> one of those protesters, james lee, speaking to fox news after he confronted the mayor. watch. >> this mayor has violated his oath of office. he is supposed to protect athensens citizens of athens. i was mad and upset over this senseless murder. and to my surprise, there were a

lot of supporters. i didn't know them at all. >> todd: the mayor signed a resolution in 2019 welcoming illegal migrants into the city. >> president biden and president trump will both visit the southern border today. each side accusing the other of a political stunt. now the white house appears to be changing its tune ton sanctuary cities cooperating with immigration officials saying, quote: we welcome local law enforcement support and cooperation and apprehending and removing individuals who pose a risk to national security or public safety. when a local jurisdiction has information about an individual who could pose a threat to public safety, we want them to share that information with ice. what a novel concept. >> todd: joey jones is a fox news contributor. joey, that sounds awfully republican in this election here. >> carley: just come common. >> todd: both. what say you. >> the devil is in the lee tails when they add a line pose a

threat to the public safety. people don't think people who commit violent crimes pose a risk to public safety. they let them out without bail all the time. they are not really going against some of those sanctuary policies if those cities deem a migrant not to be a risk to public safety, even though they have committed what could be violent crime or at least accused of it. you go back to president biden. president trump visiting the wall. i can completely understand how biden doing it for seemingly the first time ever might be a publicity stunt. especially since his own views contradict a strong border. i mean, his first day in office he tried to halt deportations for 100 days and wasn't successful at it, thankfully. president trump, this is the guy that was elected president 2016 on the campaign slogan build the wall. he has been very consistent on this. but i just want you guys to know. i got an email last night of pictures of a post on a federal website. all the steel that president trump bought with taxpayer

dollars to build the wall with that has been sitting at the border dormant for four years now, our federal government put out an a.p.b. to all other government agencies hey, come get this steel and use it for whatever you. to say even an opportunity for private citizens to buy it back at one third the president. when you have a president blaming republicans for not funding more border security and at the same time is he giving away the material to build the wall with, it's hard to take that president seriously. >> carley: joey we want to switch topics and get this in. new news out of afghanistan. we are learning that sinsd president biden pulled u.s. troops out of the country, the taliban is now holding public executions in stadiums and people are saying that this is one of the horrifying consequences of our afghanistan withdrawal. what are your thoughts on this development. >> i will be completely honest with you guys as someone who is sick and tired of the murder and rape and assault that happens in

this country. i don't know if i'm entirely against public execution as a principle, but if the taliban is doing it, i can guarantee you there was not a fair trial. there wasn't evidence. it's not about justice. it's about retribution and political scores. i would be easy to convince that no one being publicly executed were actually guilty of the crimes that were levied against. they even more concerning than that to me, i think, if you read about the justice in afghanistan right now, people are being flogged and stoned to death on what they call moral crimes. >> carley: yeah. >> joey: only thing i wish some of the socialists around the country could livestream and see exactly what a dictatorship and brutal dictatorship looks like. that's what we left in afghanistan. >> carley: all about perspective being on the ground in these horrific places to appreciate what we have here at home. and joey, you certainly have that thank you so much for doing that great to see you. i miss you. >> joey: thanks, guys. >> carley: "fox & friends" starts right now. >> todd: i miss yo