illegal immigrants charged in the murder of a 12-year-old girl as prosecutors tell horrific details. bill is off today, i'm dana perino. good morning, bret. >> bret: i'm bret baier in washington. prosecutors are seeking justice for jocelyn nun garry. the men lured her under a bridge in houston where they assaulted her for hours and then strangled her to death. >> dana: her mother is speaking out saying she and her family are absolutely devastated. >> she had such a bright future ahead of her and i knew she would go very far and, you know, these monsters took that opportunity from her, from our family of watching her. she was a very special little girl that deserves justice and i know she is going to make a difference in this world for all children. >> bret: both suspects crossed the border illegally in el paso. the d.a. blaming the unchecked border for jocelyn's murder. >> the system is broken. if there was ever a case that reflected that, it's this one. >> bret: the district attorney joins us here in a moment. first let's go to nate foye in houston. good morning, nate. >> good morning, bret and dana. in about an hour possibly an hour and a half from now the second of two illegal venezuelan migrants charged with capital murder in the death of 12-year-old jocelyn will be arraigned in court. this comes after the judge yesterday set bail at $10 million for the first co-defendant describing his flight risk as astronomical. look at the men who will appear in court. his name -- prosecutors say he and his co-defendant approached the boss at their construction company asking for money so they could leave town. the migrant arraigned yesterday admitting to kissing the 12-year-old girl and told prosecutors rangel was more physically aggressive. the d.a.'s office said if it is found a sexual assault happened the case is eligible for the death penalty. at least one of the migrants wore an ankle monitor during the time of the murder. harris county district attorney. >> i can't speak to ice putting angle monitors on folks and releasing them. our immigration system is broken. if there was ever a case that reflected that, it is this one. >> mean while the funeral for the 12-year-old girl will happen this thursday as her mother reflects on her life taken too soon. >> she was still my first born. other than a teen mom i fought for her at 15, 27 now and still fighting for her and i'm just remembering she was a very special little girl that deserves her justice. >> prosecutors say they will request a $10 million bond as well for martinez rangel was arrested and released by border patrol earlier this year in el paso. >> bret: thanks. >> dana: let's bring in harris county district attorney. an honor to have you on the show today. tell us about the details we're finding out about this case and how strong the evidence is, because as i understand it from what nate just said if it turns out there is evidence that is proven about a sexual assault, the death penalty is on the table? >> the case is horrific. jocelyn's last moments were unspeakable. she endured assault for multiple hours. this was a little girl who slipped out of her house to call her boyfriend, a 13-year-old, was seen by two immigrants who had been drinking all afternoon. they picked her up probably asking for directions and she was innocent. she walked off with them. we see footage from local stores that show they lured her under a bridge near a houston where they attacked her and drug her body into the water. the evidence is clear that a sexual assault likely happened but since neither defendant has actually admitted that, circumstantial evidence will have to prove it. we're waiting on lab tests now to see if the capital murder charge can be upgraded to one where they're death penalty eligible. >> bret: thanks for joining us. you said that this is a perfect example of a broken immigration system. there was an opinion editorial today in the "new york post" -- rather friday saying america keeps watching a gruesome crimes committed by illegal migrants, ban sanctuary laws. how big a problem is this and how does this case exemplify that? >> houston is a huge international hub here in the southwest and attract people from all over the country. unfortunately, we see a great deal of violence committed by illegal immigrants and we see as many victimized by other illegals and regular people here. so it is an enormous problem. this was bound to happen. it is one of those things as an elected prosecutor you are waiting for the other shoe to drop. i'm just sick and sickened that this little girl was the innocent victim of these two monsters. >> dana: secretary of homeland security alejandro mayorkas is in texas today and visiting the border. what would you like him to know about what the pressures that law enforcement and prosecutors are under given the situation at the border? >> thank you for raising that point. border prosecutors, sheriffs and local law enforcement are under tremendous pressure because of the additional crimes being committed by folks streaming across the border. here in houston, we're a first stop and hub for these folks and so our violence level is also increased. this hurts the morale of police and prosecutors when we see folks with ankle monitors committing crimes. it raises the question why were they released in the first place? >> bret: how were these two apprehended? >> it's a tale of good citizenship and fear. there were witnesses who were close to the two who saw the newscast, contacted a friend to contact the police because they were themselves in fear of danger. additionally, these defendants asked their boss for money, put together a story that didn't quite make sense but they were headed out of town and presumably out of the country. the flight risk made them eligible for a big bond in harris county. we haven't seen our judiciary come through with bonds like this so we were appreciative of the $10 million we believe will keep the two individuals -- at least the one in custody. we'll know about the other one this morning. >> dana: we'll watch it. you have your work cut out for you but you are fighting for justice for jocelyn's family. thank you for being on today. >> bret: thank you. >> thank you. >> dana: it's election day in the hill contentious primary for new york's 16th district. jamal bowman, remember him of fire alarm pulling fame, he is facing a fierce challenge from george latimer in a race for the democratic party's divide over israel is on full display and one of the issues people are voting on today. eric shawn is live in yonkers, new york. >> we're here at a public middle school in the gym serving as a polling place in yonkers. for the first time a member of the squad could be ejected by his own constituents today. two-term congressman progressive jamal bowman faces a challenge from moderate democrat george latimer. a former state senator. bowman is a controversial figure here partly because of his attacks on israel. he accused the jewish state of committing genocide in gaza and didn't condemn hamas and heavily criticized apec, the washington-based pro israel lobbying group who support latimer, bow man's opponent. >> we are going to show [bleep] apec the power of the [bleep] south bronx. >> bowman has become a lightning rod for critics saying he is out of step with the largely sub urn an constituents that is part of the bronx. latimer has promised to take a tamer tone to congress. yesterday he was endorsed by a group of local black religious leaders. >> i am not a bombastic person. i won't say that. the support of these individuals behind me are important to me. i look forward if i go to congress to find ways to be helpful to programs and services they provide to the people that live in their communities, the bronx is represented here. >> all this has turned out to be the most expensive primary in american history costing reportedly more than $20 million. it has also exposed the deep divisions in the democratic party. dana, back to you. >> dana: incredible story and we'll watch it all day. thank you, eric. >> are you detaining her? because of me? because i drank? >> dana: gascon may have explaining to do. did his right hand man try to pull rank and stop police from doing their job? more on this video next. >> bret: a couple is trapped. a police officer risks his life, runs into the flames, how this all ended ahead. >> dana: it is not just the rank and file or strategist, even his former boss is worried about president biden's chances in november. karl rove on this high anxiety up next. ton crop ? we believe that the best products are made in america and come fresh from the family farm. and produced under the most sustainable farming techniques. from our sheets to our blankets and quilts this is a product that can be passed on. it could be a family heirloom. go to red land cotton dot com and receive 20% off your order with code fox 20. what if there is an investment strategy, a product, where your retirement money and investment portfolio could go up with the stock market lock in your gains? and when the market goes down, you don't lose anything. forward with your money. never backwards would have that investment strategy, that product actually existed? 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right thing tonight and drove me. we were at a wedding. >> bret: officers arrested l.a.'s far left district attorney's top aide back in 2021. he was handcuffed for interrupting police who pulled over his then fiance on suspected dui. he has since been promoted to chief deputy district attorney. interesting story, jonathan hunt is live from los angeles with more on this. jonathan. >> good morning, bret. this happened three years ago but we're only now seeing the video. it is not clear to us at this point why the police department where the incident happened is releasing the video now but it was shot by george gascon's chief of staff and arrested interrupting officers who pulled over his then fiance during a traffic stop and having told the officers that they pulled over the wrong person. he then urges them to check his license plates, which could have shown he worked for the d.a.'s office. >> dude, run the plates and see what you find, honestly. i'm not saying anything, just see what you find. >> he then appears to coach his fiance about field sobriety tests for fsts. >> they are completely voluntary and not required by law. if he has probable cause he will arrest you. if he has probable cause he will arrest you, fsts are completely voluntary by law. >> then he continues to complain to the officers. >> i'm telling you, this is not right. when they talk about law enforcement and our interactions with law enforcement, he did the right thing and drove me. >> after his fiance is handcuffed the officer approaches the man and arrests him, too. >> you are in public and intoxicated and being placed under arrest. turn around and put your hands behind your back. >> he sued the police department over the incident and last year, bret, won a $10,000 settlement. bret. >> bret: thanks. >> dana: pennsylvania business owners say former president trump's 2024 pitch is hitting the right tone. many caught up with him after his rally in philadelphia over the weekend. >> he goes right in the heart of the battle. he is great. he was wonderful. signing autographs, shaking hands. he was the best. people are fed up of the high prices everywhere. i mean, my steak used to be $8. now $14.50. it is crazy. i hate to give that kind of price out, you know, for a cheese steak. >> dana: that sentiment reflected in a new poll. 58% of registered voters disapprove of biden's job performance on the economy. >> bret: president biden hunkering down with advisors at camp david to prep for the cnn presidential debate. some top democrats including former president barack obama are reportedly expressing doubts about his strategy and his chances for winning in november. karl rove former white house deputy chief of staff and fox news contributor joins us now. good morning. the story pops up in the "new york magazine" , what obama is whispering to biden. the president's plan to save their legacy from trump. here is an excerpt. those his anxiety of the election is real, the ex-president's concern sounded a lot like those of other top democrats. in regular touch with obama say the nerves are not a reflection of angst about biden and team but the broader reality. the country is closely divided, media landscape fractured and donald trump may very well win. your thoughts heading into thursday and this angst from democrats. >> they are seeing the same thing the rest of the country is, which is he is suffering in office. they are also seeing public reaction to the economy, cost of living, to people finding it hard at the end of the month to take that paycheck and pay all the bills that they are encumbered during that month. yeah, my view of the obama wing of the democratic party is they had their doubts about him in 2015. remember, he was a sitting vice president and the president of the united states said i'm not going to support him in the 2016 election. i'll support hillary clinton. there was tension already, that created more tension. they've always had their doubts about his ability to win and he won in 2016 -- won in 2016 but -- won in 2020 after not being a candidate in 2016 but they've had their doubts ever since, i suspect. >> dana: i think that comes through, right? at first, karl, you would only see that said off the record . then it was aides say and then there were actually people saying it on the record trying to get attention. you get the attention of the campaign. they are in debate prep. bob bauer is one of the people prepping biden. he did an interview and what he said about how it's going. >> i would say in all of the debate preps, whether it was a trump debate prep or others i've done, you cannot be afraid of laying down on take table something your candidate preparing it for will like. that could be something that's personally insulting. that's something that can be completely false about a policy position they've taken. >> dana: we know that maybe a little bit of a strategy. one last thing here. nbc headline biden's debate strategy is be prepared for two different trumps. if he is more sedate the goal will be elicit the true trump. possibly they will both try to do that. >> yeah, it is interesting. i wrote my column last week in the journal on debate and talked to five republicans involved in debate prep for various candidates and three democrats. what was interesting they all agreed the question for biden was which trump was going to show up? would it be the wild trump we saw in the first 2020 debate interrupting, yelling, loud, or will it be a more calm one? every one of them said that biden would have to prepare for both instances and have a strategy for both. the instances if it's wild take advantage of it. if he is calm goad him into becoming the wild one. i thought it was a pretty interesting reaction. with regard to trump, everybody assumed he would attack, attack, attack. some people said how much time will he spend explaining what he would do in a second term. fine to go after biden on the cost of living, on his handling of afghanistan, on hunter biden to some degree, but the question was, would he leave a sense of here is what i'll do in a second term. the three or four that brought that up all felt that it was really important that trump have some sense of what his second act was going to be in order to seal the deal in the debate. >> bret: we thought we were going white boardless and thank god you came with all the details. >> you ask for a white board, you get a white board, my friend. >> bret: thank you for joining us. dana, it will be something. never been this early, it is a unique moment in this race, and technically neither one of these guys are going to be the official nominee of their parties yet but it is probably going to be the most-watched moment that we've seen in recent elections. >> dana: strange because you have short primary season. you have two incumbents running against each other. this is history in the making and we'll be there to cover it for everybody. tune into fox news democracy 24 special coverage of the cnn presidential debate simulcast. our coverage begins this thursday, june 27th, at 8:00 p.m. eastern time. looking forward to that indeed. and jury deliberations may begin today in the karen read murder trial in massachusetts accused of running over her boyfriend and leaving him to die in the snow. we're live inside the courtroom. plus get this, the florida panthers take home the stanley cup for the first time in team history. how the underdogs rallied for the win next. >> they score! rodriguez threw that one. ♪ ♪ citi's industry leading global payments solutions help their clients move money around the world seamlessly in over 180 countries... and help a partner like the world food programme as they provide more than food to people in need. together, citi and the world food programme empower families across the globe. ♪ i'm adding downy unstopables to my wash. now i'll be smelling fresh all day long. 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visiting t2t.org now >> bret: a final chapter in a long-running legal saga. assange will plead guilty. he struck the deal with the justice department in exchange for his release from a u.k. prison where he was being held since 2019. griff jenkins live in washington with more on this. good morning, griff. >> good morning. you are right. this legal stand-off with the u.s. should be coming to an end later today. assange is airborne nor a u.s. courtroom as we seek now where according to court documents he will plead guilty to the felony charge under the espionage act conspiring to unlawfully obtain and disseminate classified information. involvement with the release of documents in 2010 was one of the largest compromised of classified information and included diplomatic cables endangering confidential sources, iraq war reports and information to -- assange will be sentenced to 62 months, equal to time served already in a london prison. he will be a free man to reunite with his wife, stella. >> it will be the first time that i get to see him as a fully free man. i was just -- when i was speaking to him i said well, we can go for a walk and there will be no restrictions, no curfew, no -- all this. it is so alien to the way we've -- it's been until now for the past 14 years. >> we expect this all to play out hours from now. it was chosen because it is the closest courthouse to the the country of australia where we expect he will return. >> dana: right now closing arguments in the trial of karen read, massachusetts woman accused of hitting her boyfriend with her car and leaving him to die. read maintains she was framed for the murder. molly line has been following this from the beginning and is in massachusetts with the latest. hi, molly. >> good morning, dana. after 29 days of testimony spread out over about eight weeks, this trial, the closing arguments in the karen read trial are about to get started. she never took the stand in her own device or testify but she had a couple of words to say yesterday after the defense rested. >> it's just be positive, try to feel strong, just have faith. we put everything on the table and worked every day at this for 2 1/2 years. nothing more you can do. >> now it's up to the jury facing the dueling theories. prosecutors say she ran over her boyf boyfriend, a boston police officer. she said she dropped him off at the home at a fellow friend. his body was discovered in 2022. defense attorneys say the 44-year-old massachusetts woman was framed. that o'keefe was beaten and likely bitten by a dog inside the home and tossed outside in the blizzard. allege the crime was covered up and conspiracy involving lies and planted evidence and shoddy investigative work. the defense called several witnesses aiming to sew reasonable doubt. several professionals initially hired as part of a federal investigation into the case. a forensic engineer who specializes in accident reconstruction testified o'keefe's injuries don't match up with being hit by a vehicle. >> no. >> in your expert opinion is the damage to the taillight consistent with striking a human body? >> no. >> each side will get one hour for their closing arguments and the jury is expected to get the case today. >> dana: thank you. boston attorney george price will join us to break down the case coming up. >> dana reads sports. >> dana: here is reinhardt on the counter. reinhardt scores! >> dana: you missed this segment. reinhardt scored the winning goal to give the panthers the stanley cup. game seven of the nhl final. edmonton rallied from a 3-0 deficit to force a dramatic game seven but the sunshine state won in the end. panthers get it on the ice to celebrate the victory and hold that coveted cup. i imagine that your household was watching this pretty closely. >> bret: big time. my son, paul, went to that game and said it was awesome. nothing like playoff hockey. when you get to a game seven where one team lost three in a row it was just intense. congratulations to the panthers. >> dana: yeah, congratulations. >> where are you at? i can't see anything. >> bret: a rescue caught on camera. a new jersey police officer charging into the building, a burning apartment. what happens right after this next. ntsb is about to release its final report on the east palestine train derailment. what ohioans are hoping to hear. >> my granddaughter had to go to the emergency room. she had a sore throat, her eyes were burning. nobody is really listening. they are saying it's safe. and we just don't feel it is. voices of people with cidp: cidp disrupts. cidp derails. let's be honest... all: cidp sucks! voices of people with cidp: but living with cidp doesn't have to. when you sign up at shiningthroughcidp.com, you'll find inspiration in real patient stories, helpful tips, reliable information, and more. cidp can be tough. but finding hope just got a little easier. sign up at shiningthroughcidp.com. all: be heard. be hopeful. be you. >> do 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disaster, mistakes made during the response and what changes can be made to keep this kind of thing from happening again. it has been 17 months since that norfolk southern train derailed in the small town sending toxic chemicals into the air, water and soil and leading to a lot of folks having all kinds of health issues despite government agencies telling them it was safe for them to be here. even today, for some folks those health issues have not gone away and they say they continue to feel abandoned by their own government. >> a year and a half later my family are still experiencing health impacts that our doctors don't have explanations for. i think we've had a lot of answers but i don't think there has been a lot of truth in the information that we've received from multiple government agencies. >> i never in a million years thought we would be sitting here talking about the state of health that i'm seeing in my community and we still have the epa telling us everything is fine. it's not fine. we know it's not fine. >> ntsb say the crash was likely caused by an overheated wheel bearing not created by sensors until it was too late and the controversial division to burn the toxic chemicals that forced evacuations and sent a huge plume of smoke over the town while spreading vinyl chloride for thousands of miles across the country. ntsb says that did not need to happen and that there was not an imminent risk of tank cars exploding that local and state officials had been told. there was a class action lawsuit against norfolk southern with a lot of folks say it is not near enough but they have until july 1st now to decide whether or not they want to opt in. many are waiting for the final report to come out today. >> bret: we have this live look of the ntsb hearing. not exciting video but they're meeting in ohio as they present the final report. we'll bring you the latest after that all wraps up. >> dana: there is a 1-two punch to president biden's student bail-out. two federal judges say the education department cannot go forward with major parts of its debt relief program. both rulings in kansas and missouri yesterday put a temporary halt on a plan set to go into effect july 1st, a week from yesterday. it was designed to lower monthly payments for millions of borrowers and speed up loan forgiveness. they said he didn't have the authority to do that. >> bret: the u.s. supreme court will consider the constitutionality of tennessee's law banning some medical care for transgender kids. the court's decision will affect a wave of states with similar bans. tennessee's attorney general joins us now. thank you for being here. good morning. tell us about this and how important this moment is for the supreme court taking up the constitutionality of your law. >> this is the first time that the supreme court has looked at what the constitution says about gender identity issues. it looked to the statutory issues in another case. this could be a really broad ruling. the court may take a narrow approach. a lot of states have these laws. lower courts have been all over the place. a lot of confusion. this will bring some clarity and we think we have some strong arguments to bring to the court to defend our law. >> bret: you mention the states. as you look at the map there are 22 different states that currently have bans on trans surgery for minors. you mentioned the specifics of your law. tell us about it and why it is on the books. >> sure. so there has been so much change in the last few years. suddenly radical interventions are more and more common. gender dysphoria, that used to be extremely rare, has been diagnosed more and more. there are a lot of concerns about that. in europe you have seen them pulling back on this saying kids can't make these decisions. they're irreversible treatments. the concern kids were making decisions with life long consequences without fully understanding what they were doing. the law is there to protect kids from the consequences of these profound decisions. if we don't let a kid get a tattoo because it's too permanent, the legislature here said why let them make decisions that could keep them from ever having children? >> bret: other side pushing back about the rights of these kids. and the question is the supreme court will take it up and it may be really a precedent-setting for a lot of things, not just this particular case. >> depending on how the court rules, it could be a really big impact an ole sorts of cases related to gender identity. we see litigation in many different areas arising from a clash between how the law traditionally applied and what people are trying to do with it now. >> bret: tennessee's attorney general. thank you for your time. thank you. dana. >> dana: illegal immigrant accused of murdering a 12-year-old girl set to appear in a texas court. the "new york post" calling them the goon squad. progressives rallying around congressman bowman today facing a tough primary challenge. will he be the first squad member to get booted out of congress? this and more coming right up. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. 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we'll show them who the [bleep] we are. >> dana: far left democrat bowman goes on a tirade at a new york city rally over the weekend. he is fighting for his political life. he could be the first squad member to get booted this war. in war in gaza as the top issue. josh, it's great to have you. i want to play something for you he also said at that event. play this now. >> get out there and vote. send the middle school principal back to congress. get up and vote in record numbers. the many will beat the money every time. >> dana: then you had aoc saying this on x. we rallied 1200 people to take on dark money, get fired up and send volunteers called organizing. fun as hell. aside from the profanity the language in terms of the money versus the many. >> well, dana, it is not hard to see why bowman is losing the primary for a more moderate mainstream democrat in george latimer. look, bowman is representing one of the districts with a large jewish community and using an anti-israel rhetoric, i think you can argue what he said at the rally was subtle anti-semitism trying to connect moneyed interest to the reason why he is losing the election. needless to say the behavior he display at the rally over the weekend grabbing a stool and cursing non-stop and attacking israel and really displaying that kind of behavior that has alienated him from his constituents and why he is likely to be the first squad member to lose in a democratic primary. these aren't republicans or independents. democrats are rejecting his leadership in that district. >> dana: tell everyone. you are the editor and chief of jewish insider. what is apec so everyone understands. the leading pro israel lobby which has spent quite a bit of money in new york city. bowman is one of the leading an tag nicest of israel in congress. one of the most outspoken critics of israel and they spent a lot of money on behalf of his opponent, george latimer. this is one of those intra democratic fights but a more moderate and left wing democrat in bowman. we have seen a lot of skirmishes taking place across the country. cori bush has a primary in a couple months and facing serious challenges because she has been so far to the left and so hostile to israel which generates even in a democratic primary a whole lot of support. >> dana: president biden is trying to ride the fence not to alienate people who might be against what he is trying to -- his support for israel and people who are jewish thinking he is too tepid. the attacks at the synagogue in los angeles over the weekend were horrific to watch. there is a tweet on x from the president's account. appalled by the scenes outside of the synagogue in los angeles, intimidating jewish congregants, americans have a right to peaceful protest but engaging in violence is never acceptable. there was a response saying just imagine the political reaction if this were a different minority being blocked if church by the kkk. i wonder if this race to bowman will face tonight, is that perhaps a sign of things to come for biden going into the general on this issue? >> it's a signal that maybe there might be time for biden to have something of a sister soldier moment condemning the most extreme forces within the far left of his own party. he hasn't gotten there yet. it was very interesting that they quickly put out that statement hours after the violence outside the los angeles synagogue on sunday and quickly condemned anti-semitism. it was a denunciation of what happened in los angeles and a condemnation of anti-semitism. i think the big question is what actions is the white house going to take? you see all these episodes of anti-semitism. it has been surging in the country over the last year. what actions is the white house going to take to prosecute some of these violent offenders threatening not just israeli institutions, not just about israel, it's about synagogues and places of worship. >> dana: follow josh on x tonight as we look at the results coming up. bowman could be out. thank you. we're live at