need some good chair tonight as folks watch their dreams come true. not his first at-bat but great to see his parents in the middle of the interview, so emotional and excited about seeing their son's dream come true. most-watched, most trusted, most grateful you spent the evening with us, good night from washington. i am shannon bream. >> we can and will stop this evil contagion. heather: it is tuesday, august 6th. happening right now at 4:00 am on the east coast a fox news alert. calling for unity and action donald trump demanding congress work together to stop mass shootings. but can lawmakers put americans first? they took the high road, simply walking away after being viciously attacked and oust with water but if you ask governor cuomo the actions of these new

york city police officers was embarrassing. >> you don't turn around and get back in the car and drive away, you take the perpetrator into custody. >> the blame he's placing on bill diblasio and the reaction erupting online. and brothers in blue not just by the badge, the heartwarming story that will make your morning. "fox and friends first" starts right now. and good morning to you, you are watching "fox and friends first" on this tuesday morning. thank you for starting your day with us and we begin with that fox news alert, the number of deaths in the el paso walmart massacre rising is two more victims die in the hospital just days after a gunman opened fire. all of this as we learn how that suspect and up in the store in

the first place. jonathan syria has brand-new details. >> is authorities investigate this case as a possible hate crime they are searching for a motive. city officials believe the gunmen may have targeted el paso because it is a border town that prides itself on bicultural population but where he struck in this town may have been random. >> he took 7 or $11 from texas to el paso and was lost in the neighborhood. after that he found his way to walmart. >> this carpenter on his victims using handmade memorial delivers wooden crosses to a gathering place overlooking the crime scene in el paso. it has become a place for prayer and hope.

>> if you look around, so many people have come down to support us from so many different places. i talked to a few that came from everywhere and regardless of color they are here and supporting us so it is not about that. >> reporter: two victims with serious injuries died in the hospital increasing beautiful 22, police of a release the names of all of the victims, ranging in age from 15 to 90. from the white house donald trump offered the sympathies of the grieving nation. >> our hearts are shattered for every family whose parents, children, husbands and wives were ripped from their arms and their lives. america weeps for the fallen. we are a loving nation and our children are entitled to grow up in a just, peaceful and loving society. organizes say 1500 people attended a memorial vigil for the youngest victim, xavier rodriguez who would have started

his sophomore year in ice, friends say he was a good student and enjoyed soccer. and police say a total of 27 people suffered injuries, 15 of them remain hospitalized, 2 of them in critical condition. back to you. >> let's hope they all recover. jonathan syria live for us this morning. ohio governor mike dewine is expected to unveil some new gun and mental health measures after a gunman opened fire on a packed street in that state killing 9 people. he has backed senate leaders on passing red flag laws which would remove guns from person found to be dangerous, donald trump supporting those laws. officials say the shooter fired off at least 41 rounds with his ar 15 rifle. he did that in just 30 seconds before being shot and killed by police. he had 250 rounds on him. one of the victims his own

sister. a motive remains unknown. the memorial continues to grow in downtown district. much more to come on that. donald trump is expected to visit el paso and dayton tomorrow after strongly condemning racism in the wake of the two mass shootings the killed 31 people. griff jenkins joins us with more on the push for bipartisan solutions to gun violence. >> reporter: setting partisanship aside and find common resolutions to violence but first he addressed the white supremacist sent hate in our country. >> in one voice our nation must condemn racist bigotry and white supremacy. these sinister ideologies must be defeated. hate has no place in america. mental illness and hatred pulled the trigger, not the gun.

>> reporter: the lawmakers said the president's words don't go far enough. they want congress to pass gun-control legislation. democrats across the board demanding mitch mcconnell returned to washington. mcconnell, not calling for lawmakers return, issued a statement saying republicans are prepared to do our part. i spoke with chairman graham on the senate judiciary, chairman wicker of the senate commerce committee and chairman alexander of the senate health committee and ask them to reflect on the subjects the president raised in their jurisdictions and encourage them to engage in bipartisan discussions of potential solutions to protect our community without infringing on americans constitutional rights as protesters gathered outside his kentucky home where he is recovering from a fractured shoulder. former president obama weighing in on this saying we should soundly reject language coming out of the mouths of any of our leaders that the the climate of fear and hatred or normalizes

racist sentiments. el paso's mayor looks forward to the president's visit tomorrow. >> he is coming out here on wednesday. i asked donald trump to support our efforts on federal resources. a recovery is no small task. >> reporter: as for renewed calls on gun control the real question is, in this divided washington can they get it done? that remains to be seen. shannon: should have returned to get it done? griff jenkins, thank you. in addition to condemning weight extremism interesting terrorism donald trump is considering legal initiatives to curb gun violence. andrew pollock who said donald trump is right to put politics aside as he looks for real

solutions. >> politicians jumped on these events and push the political agendas and they aren't even in the ground yet, and pushing an agenda without even looking at the facts of what went wrong. every channel and every politician jumped on that bandwagon of gun-control and i took a step back. let the police do their job pushing an agenda. that is not going to solve anything. when i think of someone who in that walmart hoping to get saved and there is no one coming to save you. they are sitting like my daughter on the third floor. to push the gun control agenda and take our rights away from victims, i couldn't be there for my daughter and my daughter got shot at point blank and a lot of other victims so to me it is important we can defend

ourselves in a mass shooting situation. >> the administration says it is looking at enhanced background checks and the president is open to a discussion on an assault weapons ban. overnight china threatening to take action if the us sets up new missiles in the asia-pacific region. >> china will not stand idly by and be forced to take countermeasures should the us deploy ground-based missiles. >> the warning coming days after marcus first spoke in favor of deploying the weapons within months. the us pulling out of a nuclear arms control treaty that china was not a part of sparking fears of an arms more. north korea threatening to take a new road after fire four missiles.

the third launch in weeks, the us and south korea started new joint military drills. the rogue nation calling that a flagrant violation of peace talks as the united nations accused north korea of funding its nuclear program by stealing $2 billion from banks through cyberattacks. the man who mailed pipe bombs to high profile democrats and media organizations will spend 2 decades behind bars, in tears telling the court he was, quote, beyond sorry for sending 16 packages to target including hillary clinton, cnn, and people he considered critics of donald trump. he faces the possibility of life in prison but a judge ruled he never intended for the bombs to explode. the granddaughter of robert f kennedy has been laid to rest. family and friends gathered in

cape cod to say their last goodbye to certify kennedy hill who died from an overdose, she would be buried next to her aunt who committed suicide in 2012, the niece of fox news correspondent douglas kennedy. a fox news alert donald trump calling for mental health of gun-control after the shooting so what action can congress take? attorney jenna ellis reeves has congress has to stick to the constitution and she is here live. barred from the ballot, not so fast. the roadblock to california's new law to get donald trump's tax returns. termites, feasting on homes 24/7.

we're on the move. roger.

hey rick, all good? oh yeah, we're good. we're good. termites never stop trying to get in, we never stop working to keep them out. terminix. defenders of home.

voice our nation must condemn racism, bigotry and white supremacy.

these sinister ideologies must be defeated. hate has no place in america. >> donald trump condemning racism and white supremacy while calling on congress to act in the wake of the deadly texas and ohio shooting but what does congress have the authority to do? a constitutional law attorney would know, trump 2020 advisory board member, thank you for joining us. a lot of talk about congress and how they should return from break to get something done but realistically what can congress do in terms of gun-control? what could they get done? >> congress has more limited authority than lindsey graham or anyone else would like to believe. in the wake of these tragedies everyone is saying let's get something done but let's remember the constitution preserves and protects our

individual rights and one of the specifically enumerated rights is the right to self-defense and to keep and bear arms of congress has very limited authority of what they can do and they still have to stay within the margins of the u.s. constitution because red flag laws like they are calling for have to make sure they abide by due process and our system of government does not punish individuals preemptively before they commit crimes so we can do you do deterrence, but a lot of different measures but we have to make sure it abides by due process. shannon: before we get to red flag laws i want to ask about this tweet donald trump sent out, in this tweet if we can pull it up he married gun-control laws with immigration. would that be a possibility? >> it always depends on statutory construction and this would be congress's. view. they are the legislative branch, donald trump is right to call on congress to act but we have to

make sure the legislation itself is constitutional. for immigration reform absolutely when he calls for border control, to make sure people are here legally. shannon: could the two be brought together? >> they could depending on how it is phrased so making sure we have everything within the margins of the u.s. constitution and anyone who is here legally even if they are an immigrant that they are provided due process and all of their fundamental rights are equally protected. >> he talked about changes in mental health laws to help with gun-control. what about that is a possibility in terms of congress getting involved? >> that is a possibility but the danger is congress can't be too overbroad. my concern with what lindsey graham said yesterday as he is trying to tie this with funding and that's a way to manipulate the states, take money from the federal government to manipulate them to do what the federal government is asking for that goes against our entire notion

of federalism so we have to make sure we are protecting the law-abiding citizens rights while we look at things like mental health, while we look at making sure to prevent, but again we are obligated as a government not to prevent people who are otherwise law-abiding citizens from exercising their rights but punishing -- >> that goes to what we wanted to hit on which is the red flag laws and individual states, we can bring up 17 states that have enacted red flag laws already with four other states proposing them. the question is can we make this a federal goal and should we? i'm hearing you say we should not. >> i don't think we should because this does not fall within congress's purview. what lindsey graham suggested was to tell the states we will give you money if you go along with what we want you to do, that is a very bad idea.

>> people here about, take the ohio shooter specifically, there were red flags that showed up with him in terms of this kill list and rape list he had in high school, a friend he pulled a gun on who is no longer his friend, red flag like that. is that what we are talking about? could it infringe on the rights of others? >> potentially. we can always look back after the fact and say now that we know this person has become a mass shooter we can look at it through the lens of 2020 vision but when we make sure we look at what red flags would be across the board up front we have to be very careful that we are not putting everyone categorically as presumptively criminal simply because they may exhibit certain similar behaviors such as video games which donald trump is right to look into, look into mental health, we have to be

careful with red flag laws the we are still abiding by due process and are overbroad by taking away your and my right as law-abiding citizens while trying to protect the country. >> you know the constitution. thank you so much, we appreciate it. the time is 19 after the top of the hour and a third shooting plot foiled at the last minute. how the suspect that's grandmother stopped him from carrying out the attack in new york city police officers take the high road after being assaulted in -- and doused with water but someone thinks their actions were embarrassing. carly shimkus with your reaction to those comments up next.

heather: the new york times caving to democrats who didn't like the paper's headline

following donald trump's address where he called for unity. that was the first one. carly shimkus with serious xm 115 is here with online reaction. >> reporter: following donald trump's piece where he condemned the shooting the new york times announced the cover of today's paper would read trump urges unity versus racism which he did do. he urged unity and this led to widespread backlash from his critics. look at these tweets. beto o'rourke tweet unbelievable. kirsten gillibrand says that is not what happened. cory booker responded lives literally depends on you doing better, new york times, please do. and bill diblasio said, hey, new york times, what happened to the truth is worth it, not the truth, not worth it. the paper changed the cover and

it will now read as hate but not guns. that is how that shaped up. you can debate if it is appropriate for a paper to change what they were going to say based on a certain group of people. >> democratic candidates and a lot of other media, the mainstream media. >> why wouldn't you want to put on the paper on the front page unity? let's all unify? let's move to the second topic. governor cuomo being slammed by nypd brass over response to the water dousing videos we have shown you and what is he saying? >> he calls the moment and embarrassing one. >> one of the most disturbing, embarrassing situations that i have seen. i don't know how we are training police officers, when you are basically assaulted and it is an

assault you retreat. >> he is blaming police leadership for improper training and the head of the nypd police union agrees with cuomo saying cops who don't have support from the mayor or the police commissioner and therefore you see situations like this where police officers literally feel they have to walk away rather than make an obvious arrest. when twitter user said it is amazing the state has any functionality. we pick interesting leaders. shannon: they are afraid to respond. bill diblasio has come out against these what about the tax but hasn't criticized the past for making anti-cop statement and not supporting the nypd. thank you, appreciate it, 26 minutes after the top of the

hour, suspected el paso shooter posted a racist manifesto on the anonymous message board a chance were other recent attackers posted their extremist messages so just how dangerous is online radicalization and how exactly do we fight it? our next guest has a solution. the video is incredible. and suv going airborne crashing into a tree. and off-duty officer is there who saved the driver. that often joins us live, stay tuned for that. ♪

>> we are back with a fox news alert, 22 people now confirmed dead following the deadly shooting rampage at an el paso walmart after doctors who two patients died in the hospital. city officials say the gunman targeted el paso because of its bicultural population but where

the shooting occurred, random. >> $10-$11 from texas to el paso. is an is he got here, he was lost in a neighborhood. after that he found his way to the walmart. >> police say the suspect is cooperating with their investigation. 15 victims remain in the hospital. in ohio today, ohio governor mike the wine is expected to unveil new gun and mental health measures after a gunman opened fire on a packed street killing 9 people. officials now revealing the shooter fired off at least 41 rounds with his ar 15 rifle in just 30 seconds before being shot and killed by police in dayton. he had 250 rounds on. governor the wine has backed senate leaders on passing red flag laws which would remove guns from person found to be

dangerous, donald trump supporting those laws and tomorrow the president is expected to visit el paso, texas and dayton, ohio just two days after strongly condemning racism and white extremism. the accused el paso gunman is now the third shooting suspect believed to have posted his manifesto, the president highlighting the dangers of the dark internet in his address to the nation. >> the internet has provided a dangerous avenue to radicalize disturbed minds. we must shine light on the dark recesses of the internet and stop mass murders before they start. >> how dangerous is online radicalization? here's associate fellow at the technology and national security program care of frederick. thank you for joining us, we appreciate it.

can you explain to folks at home exactly what is 8 chant? >> 8 chance is an anonymous online platform that houses fringe ideas and extremist ideologies that tend to be very right-wing. it house the manifestoes in 3 recent shootings so it is supported by cloud fair. before monday, that is, now it appears to be taken off-line but it is styled in the same way as for chan, the things that house the daily stormer and other places for people to kind of ferment these extremist ideologies and talk anonymously. >> like a forum where people can go back and forth sharing ideas, that type of thing and posting things like these manifestoes. >> unfortunately yes and it has unique characteristics like gameify these shootings or higher body counseled is a more

active extremist ideology that playbook play off of each other. >> it has been taken off-line right now. we have this tweet sent out by ron watkins, the owner's son who runs the site, he says we have strategies being developed to bring services back online. doing my best to stay the course. do you think it should be brought back, these types of forums and sites? how do you differentiate between free-speech and inciting violence? >> targeting internet service providers is not going to solve the problem of online radicalization alone. when i was a counterterrorism analyst tracking al qaeda we found that if you illuminate one way for terrorists to communicate they will find another way. they will switch platforms and then they will take their ideology with them. this is a decent step but it doesn't get after the problem alone. >> we have that problem with facebook where a video was

launched by the christchurch new zealand shooting, one of the three shootings linked to 8 chan. in el paso, texas and the synagogue shooting as well. >> i think there are two different solutions that are effective in confronting online radicalization and number one, insurance robust public and private partnerships between tech companies, social media companies and the government and number 2, encouraging collaboration between tech companies themselves. facebook is a good example of this in a consortium which is like a shared industry database that helps detect terrorist content before it is uploaded across multiple platforms so there are ways to get after it, we just have a long way to go. shannon: i was looking that up yesterday to see if there was any type of ai that could look at what you just mentioned. thank you so much. frederick joining us live, thank you for joining us.

donald trump slapping new sanctions on the venezuelan government. the white house beginning nicholas madero from doing business with us entities and our foreign partners as john bolton prepares to address a conference in peru aimed at restoring democracy in venezuela. the national security adviser urging russia and china to abandon their support from the duro. the us recognized opposition leader's juan guaido back in january. bolton will join us live with more in the 8:00 hour on "fox and friends" so stay tuned for that. foxbusiness alert for you. in just hours the stock market will open after taking its biggest plunge this year. stock futures rebounding overnight after the dow lost nearly 800 points. traders weary on wall street after china devalued its currency in what the us is calling a manipulative move amid the trade war.

china denies the claim. last week donald trump announced new tariffs on chinese goods. those start next month. two florida police officers are more than just brothers in blue. they are actual brothers. orange county sheriff sergeant david stall seen here on the right was adopted as a baby, he took some dna and dna tests to learn more about his family history and that is when he found boynton beach officer eric reynolds, his half-brother on the left, they finally met for the first time. >> my wife is always your text messaging your brother again? of course. we have 50 years to make up for. >> never had a big brother. >> in the same line of work. they are planning a family reunion when officer reynolds retires in october. good for them. time is 20 minutes until the top of the hour. a bipartisan roadblock, the

brand-new legal trouble california is facing after trying to block donald trump from the ballot. >> an emotional day for you. >> very very emotional. [screaming] >> talk about beginners luck. a rookie baseball player had his first major league home run with his parents witnessing it on live tv. see their incredible reaction.

>> today leaders in mexico plan to look over the us investigation of the el paso shooting and file their own terrorism case, the first probe on american soil. eight mexicans were killed in the attack was before the shooting the suspect wrote an anti-immigrant manifesto.

mexican president lopez is urging the us to support gun-control legislation. protesters gathering outside the nra headquarters demanding gun-control after the weekend's shooting saying enough is enough. >> i'm tired of coming here to this building and the only thing that has changed is the body count has gone up. >> jennifer weston calling on congress to move forward on universal background check bill. the measure has stalled in the senate. taxpayers going after california for targeting the president's taxes was a bipartisan group of voters suing over what they call an unconstitutional attempt to keep donald trump off of the state ballot. todd pyro with more on what could turn into a massive legal battle. >> the four plaintiffs, two republicans, one democrat and

one independent joining in the federal suit blasting the new law as an attempt to add additional qualifications for the presidency. under the new california law presidential and gubernatorial candidates must disclose 5 years of federal income tax returns in order to be listed on the state's primary ballot in an effort to give voters details about a candidate's finances. here is governor newsom's attempt to justify the law. >> ever since richard nixon released his tax returns in 1973 people have the right to know if the president is a look. it has become the norm that presidents of all political stripes released their tax returns. >> but they say the california law fundamentally changes the constitutional requirement to run for president violating the first, and 14th amendment in the process. judicial watch president tom fitton adding california politicians in their zeal to attack donald trump asked a law that unconstitutionally

victimizes california voters. it is an obvious legal issue estate cannot amend the u.s. constitution by adding qualifications in order to run for president. the court can't stop this abusive law fast enough. important to know the last california governor, also a democrat, jerry brown, a previous version of the law, it creates a slippery slope and asking what other documents could be demanded depended on the political party in power such as health records. we asked your thoughts, your comments pouring in, they have no legal authority over federal elections. mitzie on facebook says support our president and our country and rob honest graham rights i will just write his name on the ballot if it is not there. >> the time is 15 minutes until the top of the hour. stop what you are doing, take a look at this insane video. and suv flying through the air

crash landing into a tree with two people inside. the off-duty police officer who ran to their rescue joins us live up next. not getting in today. not on my watch. pests never stop trying to get in. we never stop working to keep them out. terminix. defenders of home.

>> a carpenter spent two days driving across the country to honor the victims of the el paso shooting, the founder of crosses for losses making white cross tributes for shooting victims for two decades. the illinois man says it is important for the family. >> what i'm doing here today as quickly making this a family in itself, 20 people murdered here.

they don't know each other. >> 22 people have died in el paso. to honor the 9 people shot and killed. to texas now, a grandmother stops a potential mass shooting by turning in her grandson. the texas woman convincing william patrick williams after he revealed his plans to, quote, shoot of the hotel and commit suicide by cop's. police found a gun with loaded magazines, knives and tactical clothing in hotel rooms, williams is facing 5 years in jail for lying to a firearms dealer about his address. have you seen this? incredible video showing this is uv going airborne, launched over a driveway in florida before

crashing onto its side in a ditch. and off-duty officer who witnessed the crash jumping into action, dragging a woman passenger from the wreckage. joining us to share the story is officer rich gardner. thank you for joining us. unbelievable video. thank you for coming in. tell us what happened. you are driving along and your dashcam video catches what happened. >> i was off duty driving to orlando wanted to you -- 2 lane rd. with a lot of traffic coming at me and one car started drifting out of the lane into my lane and didn't seem to be making a turn, kept his speed and at that point i realized something was wrong, ended up in the grass, hit a driveway. heather: had you ever seen that happen before right in front of you? >> never before.

>> they were lucky repaired, what did you do? >> i immediately just after the initial shock turned around and my initial reaction was it was in on survival accident and i was glad to see some movement within the vehicle and another gentleman pulled over and we both assisted in getting people out. heather: how were you able to get them out? >> on the drivers side in two feet of water and i went to the bottom side of the vehicle, stepped onto the frame and i could hear a female inside screaming, the door came open and she was having issues getting out of the car, i was able to pull her out. heather: do we know what caused the accident or is it under investigation? >> still under investigation but the male driver did tell me on the scene that he thought he had fallen asleep. heather: this is something you train for. >> it is something we train for.

making sure the scene is safe. if you're in a situation your put yourself in danger you cannot help others. heather: you mentioned someone pulled over to assist as well. would you advise something like that? >> it comes down to each individual person. some are comfortable with it, some aren't. there were plenty of people that pulled over. there was a nurse that pulled over to help with the medical part of the situation and that was her expertise. heather: have you seen the couple since this happens? >> i have not. we 20 do you plan on seeing them again? >> if necessary. i wouldn't mind to make sure they are okay. if you need anything give me a call. heather: i have a feeling they

will want to see you because your actions were heroic and a story we need right now. a story that ended with a happy ending. thank you for joining us this morning. a little less than 10 minutes until the top of the hour. every rose has a foreign but you won't believe what tsa found hiding in this bouquet of flowers and america has gone to pot, new numbers showing how many people are going green. ♪ one of the benefits we as a country give our veterans is eligibility for a va loan for up to 100% of your home's value. thank you, admiral. so if you need money for your family, call newday usa.

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>> 2020 democratic hopefuls blasting donald trump for the back to back mass shootings. >> the policy of this administration announced to an onslaught. i say to donald trump stop your anti-immigrant rhetoric. >> it is fueled by hate, and after charlottesville, and the other side is the ku klux klan and white nationalists. heather: accusing the president of hateful rhetoric and refusing to act on gun control is the dnc fundraisers donations to help them prevent gun violence.

texas republican congressman kenny marchand says he won't seek reelection, the fourth gop lawmaker to retire in just over a week including congressman will heard, the only black republican in the house. 11 republicans will not run for reelection compared to just three house democrats. now it is time for the good, the bad and the ugly. a baseball rookie hits it out of the park as parents are interviewed live on tv. >> an emotional day for you. >> very very emotional. diaz hitting a home run for the miami marlins in his first major league game.

dad and moms -- getting higher. pot smoking is up 47% in states where recreational weed is legal. in states that don't allow the drug. researchers at rockefeller institute says americans don't consider marijuana to be as risky as they once did. every rose has its foreign, something far more dangerous, a knife. and passengers carry on bag, that person will face a civil penalty. "fox and friends first" continues right now. >> in one voice our nation must

condemn racism, bigotry and white supremacy. hate has no place in america. we can and will stop this evil contagion. rob: donald trump urging americans to come together, 30 innocent lives were taken over the weekend. jillian: the steps this administration is taking to help a broken nation. calls for unity garnered praise from the new york times except this won't be the headline you will see this morning. rob: force an about-face on the paper's front page. the heart stopping moment a little boy falls through a manhole. shannon: "fox and friends first" continues right now. you are watching "fox and friends first".