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place as the first son faces up to 25 years behind bars. we'll watch how it goes. good morning. feels like we were here a week ago. >> ainsley: court tv. this is "america's newsroom," i'm dana perino. great to be here no matter what the news is. the jury is seated and opening statements have gun. first lady jill biden is there as well the show of support coming ahead of -- it could be a rough two weeks for her son. >> bill: prosecutors expected to call three of hunter's exs. ex wife, ex girlfriend and the widow of his late brother beau. prosecutors try to prove he lied on an application for a gun. >> dana: let's go to rich edson in wilmington, delaware to get us underway. >> another strong showing from the first family here as the first lady has arrived. hunter biden arriving as well for the first day of opening statements in this federal gun case. hunter arrived a half hour ago with his attorney abbe lowell. shortly after that jill biden. another s.u.v. showing up with hunter's sister arbery and filmmaker kevin morris who bankrolled much of his defense. open arguments begin with the prosecution. hunter's attorneys, 45 minutes for each presentation and special counsel begins presenting its case against hunter. the prosecution revealed last night it would open calling f.b.i. special agent area jenson to the witness stand. jury selection ended with a jury of six men, six women. one worked for secret service. have family members who own firearms, at least five have friends or family affected by drugs. hunter faces three felonies in connection with a 2018 gun purchase. prosecutors accuse him of lying on a federal firearm form that asked if he was a drug user and they say he illegally possessed the gun for a week and a half. prosecutors have signaled they may call hunter's ex-wife and hallie biden, the widow of beau biden, hunter's brother. a judge indicated the trial could go at least a couple of weeks. it could go into a third week when you factor in jury deliberations. >> bill: trey gowdy joins us now. good morning to you. let's talk about the facts, right? hunter was just out of rehab. he put in the application. the application asks whether or not you on drugs. he says no. and he gets the firearm. are those facts in dispute? >> well, i think the application asked whether or not you are an addict or unlawful user. let's separate the two. addict is probably a medical term. you will need an expert to say whether or not someone is addicted. there are no lawful users of cocaine base. so if this were a valium or other drug case there are lawful users of those controlled substances. there are no lawful users of cocaine base. his best defense is i really wasn't an addict. i may have told people i was but i don't meet the medical definition or really his best defense is one of jury nullification. think about how many gop second amendment tootists there are. they don't think there ought to be any gun laws. addict, convicted felon. you will hear a little bit of a jury nullification argument over the next couple of weeks. >> dana: the jury breakdown as of yesterday, six women, six men, three white females, plea black females. i thought this was interesting, too, just like with the trump case we're dealing with someone that has 100% name idea especially in delaware. the questions ranged from things like your views regarding the 2024 election. would that affect your thoughts? or do you believe hunter biden is being prosecuted because his dad is the president and a candidate for president? and do you believe the government should not be able to require a background check for a gun purchase? when they were going forward to try to get the jury, that's what they had to consider. your thoughts about the difference between trump trying to get a fair trial in new york city, and biden trying to get a fair trial in delaware. >> dana, i have this really bad habit, i'm working on it. i try to be fair. there is a small constituency for that. if it was donald trump or donald thomas we wouldn't have been in new york. if this were hunter jones or hunter smith we would be talking about something else this morning. so we have to get beyond treating people differently based their political status or what their last name is. i did gun prosecutions for six years and went after convicted felons, people who were fugitives from justice. i went after lots of different people proper prohibited from having a firearm. i bet there weren't a dozen about this application. of all the cases you could be pursuing in delaware, why are you pursuing this one? >> bill: here is one takeaway on nbc. it was impossible to escape the presence of the first family, their influence, and their long history hovering over the courtroom as we mentioned the first lady was there yesterday on her birthday. atlanta quickly, trey. there has been a hearing set for october 4th, which is 31 days away from the election that clearly shows right now that the fani willis matter in atlanta, georgia will not be decided pre-election time. the statement from trump's attorney we look forward to telling the judge why the case should be dismissed and fulton county d.a. be -- misconduct and violation of the georgia rules of professional conduct. in a bigger sense here do we believe right now that the only case for sure that will be decided was the one last week here in new york? if we believe that, with a supreme court still yet to rule on the issue of immunity and not fully understanding the appeals process, is the bragg case settled for now? and is that the only case that will be settled prior to the election? >> i think the answer to your second question is yes. the other three cases will not make it to a jury or a verdict between now and the election. as to whether or not the supreme court will reach down and take jurisdiction, i don't see it. i know a lot of people who made better grades than i did-in-law school think there is a way for the supreme court to do it. i think they're tired of being involved in political cases. it may work its way up to the u.s. supreme court but i don't think they'll reach down and say hey, because this defendant is donald trump and running for president, we're going to assert jurisdiction. i don't see that happening. >> dana: trey gowdy, thank you so much. >> bill: good to talk to you. come back soon. >> dana: happening today on capitol hill attorney general merrick garland will be testifying before the house judiciary committee. republicans say the department of justice has become politicized under his leadership. about two weeks ago that same committee voted to hold garland in contempt of congress. back again he goes. chad pergram live from capitol hill to get us set up for that news. hi. >> good morning. he is stepping into the lion's den, the judiciary and oversight committee voted to hold merrick garland in contempt of congress. at the hearing today he is going to punch back against that. a lot of questions about prosecutions and donald trump, whether or not there is any influence by the d.o.j. when it came to the prosecution of the former president in new york. here is republican missouri senator eric schmidt. >> former prosecutor i'm deeply concerned about our judiciary system being held hostage and taken advantage of the weaponization we saw in new york. this is a really dangerous road to go down for the country. >> the house has not set a date to vote on contempt of congress for garland. it is about the math. unclear if the house would have the votes. garland says he views contempt as a serious matter. he adds that he will not be intimidated. the house wants to hold garland in contempt for not releasing audio tapes of president biden's interview with special counsel robert hur. that's from the classified documents case. >> it's appropriate. all we're saying we want the best evidence. the actual recording. because the special counsel hur basically used the demeanor of the president as his rationale for not pursuing charges on the president. we want to hear the audio. >> republicans also want to defund special counsel investigations like the one for former president trump. democrats find that ridiculous. >> i'm sure there are scenarios were republicans were calling for special prosecutors to be put in place in order to address any kind of political concerns. and, you know, if you move away from that and don't have it, that just means that merrick garland would be left directly in charge of whatever prosecutions go forward. i know they are upset and i know they're flailing around right now. >> we're always going to hear about a letter that was written to garland by several republican members of the judiciary committee, including chip roy, thomas massey of kentucky. they want a full accounting of all the prosecutions pertaining to january 6th. dana. >> dana: chad pergram, thank you. >> bill: we'll be watching. there is this. >> president biden: folks, it's real simple. it is time to act. long past time to act. >> bill: three months ago and now we get the ruling from today. executive order. keep in mind the president signed more than 70 executive orders on the border and immigration when he took office. today he will do another one and it will go in a different direction. we'll see what kind of difference that makes. >> dana: a fundraising windfall for the trump campaign it keepsing up and new polling on the four issues that could decide the election. we'll have it for you. >> bill: the man many blame for locking down the country is called on the hot seat. congressman brad wenstrup was in charge of grilling anthony fauci and tell us what he found out next. >> do you agree that there was a push to downplay the lab leak theory? 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(laughing) call 1-800-388-8881 to schedule a free hearing evaluation and unlock our best deal of the year! >> dana: fox news alert here. the lapd issuing a tactical alert after a group of pro-palestinian protestors set up an encampment outside city hall yesterday. 20 tents and 50 people lining the downtown l.a. sidewalk. demonstrators seen waving flags and shouting slogans in support of a free gaza. police say they're monitoring the encampment. so far no reports of any arrests. we'll keep an eye on it as they deal with that over there. >> is it possible that covid-19 was the result of a laboratory-related accident? >> absolutely. >> and based on that answer, i think is the hypothesis that covid-19 accidentally leaked from a lab a conspiracy theory? >> no. the concept of it is not a conspiracy theory. >> bill: this went on for house. house republicans putting fauci in the hot seat. after he dismissed the idea may have emanated from the lab in wuhan, china. also pressed whether or not he was the one who is responsible for the six-foot social distancing idea. brad wenstrup, chairman of the house covid origin subcommittee with me now. good morning. it was interesting. i just think -- i have a few pointed questions, number one. was any of this policy criminal do you believe? >> well, everyone is asking me that question and that remains to be seen. we'll have to really review all the things that dr. fauci has said and then what he has said in transcribed interviews and what he has said yesterday and what are the actual regulations and rules and is there criminal liability within the agency? that's one of the problems we have, bill. no matter what you do wrong within your agency or people under with within your agency there isn't necessarily criminal liability unless you lie under oath. we saw people violating foia. was dr. fauci involved in that as well? we asked for his g mails. >> bill: did u.s. taxpayers help fund the lab in wuhan, china, yes or no? >> without a doubt. and what's even worse is the process that took place. dr. fauci signs the grants that went towards that and he says it is just comes from an advisory board and he signs it. he doesn't even know what the grants are for. we have so many millions of dollars going out in grants i can't keep track of that stuff so i sign them. in effort on the nia or niaid side and the compliance was not held when it came to the rules of the grant with dr. daszak. when i sign a prescription, bill, that prescription is on me and i'm responsible for it. apparently not dr. fauci. >> bill: he seemed to downplay the lab leak speaking. do you agree with that, yes or no? >> what's interesting is what he says now is that yeah, that could have happened. but you go back in time, here they were in their internal documents that we were able to get ahold of saying it looks engineer, likely came from the lab and he goes on the white house lawn and says it came from nature. so he never addressed the possibility of it coming from the labor created in the lab. he only went with nature. now he says oh, i was always open to it. well, he wasn't. he called it conspiracy theory and we brought that out on many occasions yesterday. >> that's an important distinction. you think about the early days of covid especially all the media running to fauci to get his view on this. question for you, did he screw this up? >> i would say in many ways that part of the problem that we had is there was just a lack of clarity across the board. when you come out and you say that everything i'm telling you is based on science and then we find out he says later the six-foot rule just sort of appeared. now he is blaming that on the cdc. when he talks about the masking, there was no science behind that. he didn't say that when he addressed america and he didn't say that it possibly came from a lab when he was talking about it coming from nature. so yeah, a lot of people have been harmed by the decisions that have been made. >> bill: this is dr. mccormick republican from georgia. the one asking this question. audio clip that's played with a journalist who is doing an interview with fauci. >> when you make it difficult for people in their lives, they lose their ideological -- and they get vaccinated. >> thank you. are all objections to covid vaccinations ideological [bleep]? >> no, they aren't and that's not what i was referring to. >> in reference to making it hard for people to get education, traveling, working, i would say it very much was in context. i take great offense to this. >> bill: i don't know how you heard that. i want to go back to the opening line there. fauci says when you make it difficult for people in their lives, there is no question in hindsight, this was a difficult way to live for everyone. how did you hear that? >> same as you did, bill. there is no doubt about it. not only that, what he wanted was to be able to mandate people getting the vaccine. he clearly wanted that. he was for that. and let me just say something about that. while people were being mandated to get the vaccine, we have people coming across our border by the thousands unvaccinated, not only unvaccinated for covid-19, but unvaccinated for all the things that we were vaccinated as children and now these kids are in our schools and you are seeing a rise in other things. i will tell you this, dr. mccormick, i wanted him on the committee. he was the only one of us that was actually out treating covid patients during covid. he is a freshman member of congress. he was in the thick of it and i thought it was important we have him on there and that proved it yesterday. >> bill: from one doctor to another. let's see what you can get next. thank you for coming on. appreciate it. >> thank you. >> senseless act of violence, a total disregard for life. >> dana: new york city mayor eric adams after two nypd officers were shot chasing a suspect in queens yesterday. what we are learning about the gunman. another busy morning on capitol hill. merrick garland at a hearing on congress and president biden's new executive order on the border. we're monitoring that and we'll be right back. no mask? 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why not think outside a bank? get up to $70,000 with a newday 100 va cash out loan. >> dana: we just saw attorney general merrick garland arriving on capitol hill a few moments ago. chad pergram trying to get questions answered. the attorney general is just focused an surrounded by his people and did not answer any questions. merrick garland will testify before the house judiciary committee at the top of the next hour. garland faces accusations, of course, that his department of justice is weaponizing the justice system. we'll have that for you in about 30 minutes. >> this is all an election year deathbed conversion by joe biden. basically this executive order, which would be by my count the 95th executive order he issues does nothing about catch and release and says the first 2500 that come across the border get in free. >> bill: 23 days from debate number one and today president biden will sign an executive order that might affect the border. the idea if daily migrant encounters exceed 2500 a day, asylum requests will be shut down. according to available data this is the number that we have. estimated number of illegals who enter the country since joe biden took the white house surpassing 5 million. griff jenkins has lived on the border and on the white house north lawn today. good morning. >> we have yet to see the text of any of these executive actions on the border but we just learned moments ago from our sources that in the last 24 hours, there were nearly 5200 border encounters, the a.p. is reporting some details of this order saying that it would close the border after 2500 daily encounters. also that they would only reopen it once that daily number fell to 1500 per day. under this action, bill, if in effect the border should close today. the ap also says the president is using section 212f of the immigration act to put this into effect. the same authority trump used to ban some muslim countries. the key part of it. whenever the president finds the entry of any aliens or any class of aliens in the u.s. will be detrimental to the interest of the u.s., he may by proclamation enforce such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens. former secretary chad wolf had this criticism early this morning. >> there are holes in this plan. it does nothing to stop the asylum abuse, does nothing to stop the parole abuse this administration has done. nothing to stop catch and release. so i see a lot of different holes here. i don't think it is going to work. too little too late. >> also unclear if this plan will tackle the unprecedented number of known gotaways you see there, 1.8 million plus since president biden took office. remember these are migrants not seeking asylum by choosing to evade authorities and the questions of why now after three years is this administration saying the border is secure and now they want to take action which the president the formerly said he didn't have any options and how it will be enforced. if you shut the border down and thousands turned back to mexico will their new president accept these? lots of questions. we don't have timing when it will be unveiled and signed and bring it as soon as you get it. >> bill: a lot of people think a court challenge is in the offing as well on the asylum ruling. griff jenkins. >> what we know is that the shooter here entered the country from venezuela. he entered through eagle pass, texas back in july of 2023. so we know that he entered the country illegally. >> dana: the nypd speaking about the illegal immigrant from venezuela arrested for allegedly shooting two police officers in new york city yesterday. a string of crimes involving suspects in the country illegally. "new york post" saying we are suckers. gop lawmakers blaming president biden's border policies. >> well, it's an example of why it's never a good idea to allow nine to 15 million people to come into your country illegally. they were criminals in venezuela. they're criminals now. >> dana: lee zeldin is here and ran for governor in 2020. part of the issue was this particular issue 18 months ago. and now you have this situation and it feels like the potential for there to be many more of these incidents is there. and at the same time president biden is going to have all these blue city mayors arrive today and members of congress come in and say here, i will do something the republicans won't do, the executive orders. will people fall for that? >> no, because as you pointed out at the beginning of your comment, this is likely to only get worse. this particular case you have somebody entering the country illegally who is not showing up to the scheduled court date. being pursued as part of a string of crimes that the nypd has been investigating of people on scooters caught with an illegal firearm and, of course, shooting two nypd officers. the fact that this is part of a string of crimes that likely will get worse, not better, is something that is a reality that i think a lot of people in elected office from president biden on down are ignoring. they are trying to make it seem like this is a perception and something interesting before coming on air, i did a search on google for quote migrant crime and what pops up is all about how this isn't actually happening. and you are reporting on actual crimes of people being murdered, assaulted, and more, and there is an attempt by many to make believe like this doesn't even exist. >> dana: you are connected with law enforcement in the state and city and where you live as well in that region, long island. what are you hearing from police officers and law enforcement? how do they feel? >> this is a drain on resources. a hit on morale. we also had the attack on nypd officers that took place not that long ago. there was a murder that took place up in middle town. we all know about the case of laken riley and more. as far as law enforcement goes there is a culmination of many issues in new york. on top of the surge of crime due to illegal migrants, you also have laws that have been passed like cashless bail in this state and raise the age and less is more and the halls act. names of laws passed by the state legislature and signed into law, attacks on qualified immunity and elected officials who haven't had the backs of law enforcement. maybe will show up for a wake or a funeral and then disappear and not do anything about it. >> dana: i want to ask you about this. president biden will have this event today where he signs this executive order and we'll pay attention and cover it. there are four people in particular who are not attending today's event. they are vulnerable senate democrats running for statewide office running for re-election. tester, baldwin, roseen, casey, all those swing states. in a few minutes bill hemmer will show our audience this incredible research we have about where people are landing policy-wise. immigration is a big vulnerability for president biden. give you the final word whether you think the executive order today can turn to tide for anyone or if it's telling that those four senate democrats are not going to today's event. they don't want to be seen there. >> right, it is not enough, dana. you aren't seeing an effort to bring back remain in mexico or catch and release. there are day one policies of president biden that quite frankly he is proud of. a new article that is now "time" magazine where president biden was asked another of your first acts as president under the banner of value-based leadership was to lift certain trump-era immigration efforts that you said were inhumane. do you think those moves helped drive record illegal border crossing. president biden says no. were you wrong to lift any of those measures? president biden said if it's wrong i took too long. he did this stuff on day one. he tries to play it both ways. we saw it with post october 7th with israel and other issues, here are the border he is trying to have it both ways. >> dana: people can see things with their own eyes and communities and what they are dealing with. this station and other reporters who are out there covering it and see it on social media as well. lee zeldin, thank you for being here today. >> dana reads sports. >> dana: bill, did you see this? major league baseball is reportedly investigating san deputy attorney general padres infielder over alleged sports gambling accused of betting on pirates games last year. he was injured when allegedly placed the bets. if they're true he faces a lifetime ban from the league. is gambling in sports making a little bit of a comeback? >> bill: i do believe you're right about that. it is too easy. if somebody else does it for you, that way they can't track you. the scene out of casa blanca, shocking. >> dana: do you think everyone is gambling? >> bill: i didn't say everybody. it is easier to do and there is more outlets now than there was three years ago. >> dana: absolutely. >> bill: you mentioned it, dana. in a moment the fox news power rankings give new insight on the state of the race today. how we see it and the four issues that could sway it. kayleigh mcenany is here to react and analyze that. new york's weighing legislation into getting your kids to put down the phone. could that help with america's mental health crisis? >> i have seen firsthand the addiction that is going on. our kids are being pulled in to a place that is often very dark. and we need to help them get out of it. ork, and the farm was the perfect place to learn grit, determination and problem solving. we're taking that passion and channeling it through our farm to home bedding bath, and apparel at red land cotton. we grow cotton in the rich red earth of north alabama. and we want our products to be made here in the usa, from the seed in the ground to the final stitch. go to red land cotton dot com and receive 20% off your order with code fox 20 i don't know how long it's been there. long enough to produce eggs, it seems. it would appear that it has begun moving towards us! visionworks. see the difference. choose advil liqui-gels for faster, stronger and longer-lasting relief than tylenol rapid release gels because advil targets pain at the source of inflammation. so for faster pain relief, advil the pain away. 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[giggles] children with down syndrome typically have a higher risk for developing acute myeloid leukemia, or just leukemia in general. and here we are. marlo thomas: st. jude children's research hospital works day after day to find cures and save the lives of children with cancer and other life-threatening diseases. tiffany: she was referred to st. jude at 11 months. they knew what to do as soon as they got her diagnosis. they already had her treatment plan drawn out. and they were like, this is what we're going to do. this is how long it's going to take. this is how long in between. this place is like a family to us now. like, i can't say enough how grateful we are to be here. medical bills are always a big thing to everybody because everybody knows that anything medical is going to be expensive. we have received no bills since being at st. jude. we have paid for nothing. marlo thomas: thanks to generous donors like you, families never receive a bill from st. jude for treatment, travel, housing, or food so they can focus on helping their child live. for just $19 a month, you'll help us continue the lifesaving research and treatment that these kids need now and in the future. join with your credit or debit card right now, and we'll send you this st. jude t-shirt that you can proudly wear to show your support. tiffany: anybody and everybody that contributes anything to this place, no matter if it's a big business or just the grandmother that donates once a month, they are changing people's lives. and that's a big deal. [music playing] >> bill: so it's about 9:45 in wilmington, delaware. we're getting off to a bit of a tardy start. we saw the first lady come in an hour ago. hunter biden is in the courtroom. opening statements haven't begun. a few of the jurors were late. a side bar happening near the bench. jury is not in the courtroom for that. open statements should begin momentarily. >> dana: they need to synchronize their watches. former president trump is vowing to appeal his new york felony conviction but will have to face an appellate court comprised of almost entirely democratic appointees. eric shawn is outside the state appeals court in new york city with this update. hi, eric. >> good morning, dana. former president trump's appeal will be heard in the courthouse behind me. the new york state appellate court first division. but you know before the justices took the bench here, many of them happened to have given campaign contributions to democratic candidates. one of the justices donated to hillary clinton. there are 21 justices on this appellate court and all of them but one was appointed by a democratic new york governor, federal and state campaign records show at least 14 of the 21 justices gave campaign contributions to democrats in the past. in some cases, even when they were serving as a judge in the lower court. the newest appellate court judge is justice marsha michael appointed eight months ago about governor hochul. 2014 justice michael ran for an assembly seat in the democratic primary in the bronx and endorsed by the new york city public advocate letitia james who is the state's attorney general who prosecuted trump in his real estate trial last year. james and the judge on the campaign stump in 2014 but judge michael lost that election. two months ago it was judge michael who ruled against trump when his lawyers tried to stop judge merchan's trial from starting days before opening statements. another justice here guess mer gave thousands of dollars in campaign contributions for democrats before she took the bench. federal election commission records show the justice gave $2 thousand to senator chuck schumer's campaign in 1997. and to hillary clinton's new york city senate race. howard dean's presidential campaign in 2003 and 1700 to democratic campaign committees. last year former president trump did get some wins at this court. the appellate court ruled during a civil fraud trial with judge engoron cutting the amount of bond, lifted the gag order and allowed trump and sons continue to do business in new york. we looked but could not find any records of any contributions that the justices may have given to republican candidates. the republican party or the conservative party. we have also asked the court for comment about all this but so far no one has gotten back to us. dana. >> dana: i bet they didn't. all right, eric shawn, thank you. >> bill: so now, dana, five months from today i said five months from today america elects its next president. we unveil a new way to track what america cares about and we'll do it in a different way. it's called our issues tracker and explain it now. we introduced it. on the left you have joe biden in blue. right donald trump in red and in the middle margin of error. a particular issue could go either way but too close to call. so here we go. why do these issues matter? they define elections. way back in 1984 is about the economy and reagan nom ickx and reagan won. 12 years later in 1996 was deficits and welfare spending, size of government and bill clinton won. 2004 terrorism and national security. george bush won a second term and obama and obamacare in 2012. what does america care about and who do they believe does a better job with the issues? here we go. a lot on this screen, okay? think about three things. number one for joe biden on the left here in blue honesty, he rates 15 points higher than donald trump. abortion, 12 points higher. temperament slightly less than double digits at nine points. for donald trump where does he rate the highest? come over here now. 21 points on age. they see trump younger, they see him with greater energy. they see him with greater vibrancy. on the border up 18 points, all right? on the economy up 15 points. on accomplishments nine points. what does it mean? we'll find out in november. we'll track this by the month to figure out whether or not ne direction or the other based on the issues they believe are the most important come november. middle values is a toss-up. we'll track that also. if you look at our forecast for the moment, there are four states behind me in yellow. we believe these are the toss-up states as of now. you know about them, arizona, nevada, wisconsin, pennsylvania. we'll watch these four states carefully. come back to the map for a moment. leaning dem all right? you will hear a lot about minnesota and a lot about michigan. leaning republican you will hear a ton about georgia and a ton about north carolina. but right now these states we consider too close to call, all right? so you have the issues, you have the states, you got this electoral battle will be fought five months from today. let's move back here and analyze this and see what we can glean in between the lines. >> dana: that's helpful. we have kayleigh mcenany here to help talk about it. our team has put together something that's super useful. you can look here, call for one is the power ranking toss-ups of arizona, nevada, wisconsin and pennsylvania. we'll talk a lot about these places. with this added layer of the issues tracker, call for number four, if you look here this helps you understand where are people feeling and what issues matter the most? i feel like this adds a layer of importance and complexity to what is a key election metric. >> without a doubt. i think it's the only tracker of its kind currently. fascinating. what you see is president trump leading on the issues that matter to american voters. economy, immigration. to underscore immigration in particular, gallup looked at the last three months and the top issue was immigration. in the 24-year history of taking this poll, immigration has never led for three months straight. it was knocked down to number two in the latest issues of importance but underscores what we see in the fox news analysis. immigration is huge, economy huge. trump is leading on both. >> bill: why he is doing an executive order before debate one. at a fundraiser in connecticut the president said this. the first time in american history, a convicted felon is now seeking the office of the presidency. then he says something snapped in in guy for real after 2020 and it's driving him crazy. i believe these were prepared remarks, not just off the cuff. this was done with intent. quickly show the fundraising numbers for may. 141 for trump. we don't have the biden numbers. we'll share them with you when we get them. >> on the fundraising the 53 million pulled in 24 hours after the guilty verdict, to put it into context more than biden and dnc raised in all of april. the highest fundraising day in 2022 was the dobbs decision less than half of what trump raised in 24 hours, $20 million. kamala when she was named vice president four years ago, 26 million was brought in. this was a huge, huge number. but to biden in those remarks it was closed door. i'm going to be fascinated if he takes a lean in or stay out approach. campaign is leaning in. they fundraise off convicted felon. biden did it behind closed doors. will he go in front of cameras or save his remarks for closed door fundraising. what will he do on the debate stage? he takes in his view the high road and the campaign goes after. >> dana: love having you. if you want more politics check out perino on politics. my guest was colin reed. it is a good one. >> bill: always a good one. we're minutes away from the a.g. merrick garland giving testimony on capitol hill. i have to tell you, there is a -- you read some of the articles that preview this hearing. this is a target-rich environment. republicans have a lot to shoot for and a lot to shoot out. we'll watch how it goes. house judiciary committee now going to press him on the allegations of politicizing the d.o.j. and more and we'll watch that coming up next. 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