federal gun charge by end of this month, that is what david weiss team said yesterday. this is a month after the first son's sweetheart deal fell apart. he would have served time for buying a gun in 2018 and that charge could land him 10 years behind bars. house republicans are demanding hunter's legal team hand over all information on the collapsed plea deal and failure to present the documents could call for hunter to testify before congress. alejandro mayorkas and merrick garland are accused of helping to of coer for hunter biden. listen. >> we know merrick garland has told the national archive not to cooperate with us. we know just this week there were secret service agents working with us to identify the people who tipped off the legal team that the irs was about to knock on the door and our sources at secret service said mayorkas called them. mayorkas and merrick garland are part of the cover-up. these are the two highest ranking people in the biden administration. >> brooke: as far as possible gun charge, we reported on the potential of this in 2021. interesting to see what special counsel weiss bring or indicts hunter for and see if mayorkas complies with the subpoena issued this week. >> todd: former member of president trump's transition team, mark, today's gun charge is the headline, it is the news-making thing. isn't the story how this relates to the defense team attempt to resurrect the plea deal they say is still in effect in some parts. >> absolutely, this is a big deal and i don't think people recognize how big of a deal this is. hunter biden is going to be indicted on a couple different gun charges, one for lying on a form and the other for possessing a firearm while having an illegal substance. series of defenses will be raised by hunter biden's legal team. their view is despite the fact the federal judge in delaware rejected the global plea deal, their argument is the agreement is still in place. you are essentially going to have in the hunter biden litigation a question of whether or not this agreement between the department of justice and biden is binding. the reason that is dangerous to the biden presidency, theyingly have to get into what did the parties understand. that is where the department of justice was coming, what did the negotiations consist of. it is going to be made public in way that would not otherwise because it is central to the question whether or not the hunter biden plea deal is binding and will likely see the courtroom in a way people were not expecting. >> todd: that said, mark, there is skepticism about the motive behind bringing this gun charge. start off with jonathan turley. >> jonathan: whatever hunter biden did or did not do tis unlikely he will be punished to the full extent of the law. in the end, that is not the main problem. the main problem was what was done to protect him from the law and what is still being done so. >> todd: and jason smith saying this is diversion from the real crime with regard to hunter, which are the tax crimes. your thoughts? >> i think you are absolutely right. there is a political component as to what happened and how this came about, is a political question. this may turn into a legal question in the courtroom, motive and intent of the party if the doj agreed to not bring any of the gun or other related charges, this is subject to this fight that hunter biden is raising that says we have an agreement, doj, it did not require the judge to sign off and this is binding and that will require investigation by the court, by the judge, whether or not that is true and will get into details about how this agreement came about and that could well include testimony from department of justice officials, but it may come out in this hearing involving whether or not this agreement is binding. >> todd: a watch dog group is suing to keep donald trump's name off the primary ballot in colorado. this could happen, it is now happening. they say they will bring suits in other states under the guise of the 14th amendment, saying this disqualifies trump. your thoughts. >> i think it is a stretch. keep in mind, donald trump is impeached, the second impeachment trial involved whether or not he was involved in an insurrectorion and he was exonerated. looks like these kind of urmas failed factually. beyond that, you have legal issues. it is ironic that the same people who say democracy is most important value in society is the same who say we the people should not have a say whether or not donald trump becomes next president, it should be decided by bureaucrats and heads of state. they want to take democracy away when it comes to donald trump. it is not going to succeed. it is a public relations thing to talk about the 14th amendment. end of the day, the republican voters will have a chance to vote for donald trump or against donald trump, i don't think the challenge will work. >> todd: call jack smith to the stand, he did not charge trump with insurrectorion. it hurts the argument if you are bringing cases like the one in colorado. appreciate your time as always. president biden leaving for the g20 in india today and bringing bidenomics to the world in the form of billionings in handouts for other countries. >> ashley: on top of billions given to ukraine yesterday, but something else in the aid package is catching putin's attention. rebecca cofler is here to talk about it next. that's my boy. now you get out there, and you make us proud, huh? ♪ bye, uncle limu. ♪ stay off the freeways! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ chevy silverado has what it takes to do it all. with up to 13 camera views. and the z71 off-road package. ♪ you ok? yeah. any truck can help you make a living. this one helps you build a life. chevy silverado. frustrated by skin tags? dr. scholl's has the breakthrough you've been waiting for. the first fda-cleared at-home skin tag remover clinically proven to remove skin tags safely in as little as one treatment. every business that's why comcast business de is launching theal. mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. comcast business, powering possibilities. >> ashley: president biden is set to depart for the g20 in india today, where he is expected to sell bidenomics to the rest of the world and discuss climate change. >> todd: lucas tomlinson is with us. >> lucas: hoping to make the g20 more than a photo op. the trip raising eyebrows. enter vice president kamala harris. >> every vice president understands when they take the oath that they must be very clear about the responsibility they may have to take over the job of being president, i am no different. >> lucas: kamala harris was dispatched in a last-ditch effort to convince him not to do it. nikki haley continues to raise the issue of the oldest living president running again and the package that comes with it. >> we all know joe biden thinks he will run and win this election and hand off to president kamala harris, which should scare all of us. america is supposed to go and be strong against china and have backs of countries trying to fight back. do you honestly think kamala harris will go do that? >> lucas: president biden will spend three days at the annual meeting. biden wants congress to bring new infrastructure and climate change project. 2.3 billion people still cook meals over open fire and basic stoves. biden wants congress to spend 21 billion to support ukraine. antony blinken pledged another 1 billion dollars yesterday and g20 host india abstained from condemning the russian invasion of ukraine. >> todd: lucas tomlinson, thank you. bring in rebekah koffler, russian born intel officer and author of "putin's play book." what should the average american think about yet another billion in taxpayer dollars going over to ukraine and you saw on the screen that lucas was discussing 23 billion in total. seems like a lot. >> rebekah: that is a lot of money and a fair question that americans should be asking. president biden and his administration first toward what purpose will this additional chunk of money depleting our own national treasury make a difference on the battlefield. the only thing that it will do, it will prolong this war, which has turned into protracted war of attrition. we will fight until the last ukrainian. the second question is what exactly is driving president biden's ukraine policy? because when he was vice president during president obama's rule, i personally briefed scores and scores of his administration officials in the pentagon, in the white house, warning them about what putin's plans were and nobody wanted to lift a finger. instead, quite the opposite, decrease force posture in upper yoo. europeans did not provide their own security and now we are paying for european security with ukrainian blood. why is that? that is a question to ask president biden. >> ashley: another question to ask, when you talk about plans, what is our plan as far as the united states goes when they are constantly depleting our stockpiles. doesn't this make the u.s. less safe? >> rebekah: absolutely, 100% percent, disastrous for u.s. policy. he has pushed our adversaries together, china, russia, north korea, iran, and depleting our own weapons arsenal. officially we are not at war, we have never transitioned our capacity to war-time footing unlike putin. if we were to go ahead and defend taiwan in the event that china attacks it, which it is gearing up to do, we would run out of long-range missiles in a matter of days, within les than a week, that is what war gaming has shown. god forbid we are targeting someone like north korea, which russia is helping right now with satellite technology, with nuclear enabling technology for submarines, then how do we defend ourselves? >> todd: the fact that we, united states of america, talking about running out of weapons in a week is unconscionable and underscores dire situation we are in with military personnel and weapons we self-imposed on ourselves and that is frightening. and u.s. launching from california as tension with north korea escalate. that said, is this sending a message to north korea or to russia? >> rebekah: well, actually both, todd. first of all, it is 100% certainty according to my analysis this recent launch is strategic message to putin. what we're trying to signal to putin is our nuclear deterrent is also combat ready. putin periodically is threatening us with nuclear war. not to attack the united states, but to use a tactical nuclear warhead on the battlefield ukraine. secondly, message to north korea. according to 2023 annual threats assessment produced in march by u.s. intelligence north korea, and i quote, is a serious threat. north korea today is capable of disrupting u.s. critical infrastructure and business infrastructure. and this is a message to both. >> ashley: okay, rebekah koffler, thank you, we appreciate it. we have shocking video showing how escaped murderer in pennsylvania jail broke out. wait until you see just how he did it. >> todd: wild stuff. and harvard getting a reality check when it comes to how students feel about free speech on campus, we'll tell you how they ranked next. ♪ ♪ tell her about it. tell her everything you feel. >> todd: welcome back, a reality check for harvard university. ranked as the worst school for free speech. a military veteran joins me now. harvard got a zero. harvard not used to getting zeros. as a professor there, describe how stifling the school is for free speech. >> i wouldn't say stifling, that is a little bit strong. the university supports free speech, academic freedom. up to the faculty to decide whether or not they want to risk what might be adverse conditions exercising their position. there are concerns about speaking out in class and later being filleted on social media. they think it is better if they don't tell their classmates or faculty members that they are members of the military and it is impacting the way we design and deliver courses to students. it is up to the faculty member how much risk they want to assume when they make a public statement. >> todd: glad you mentioned the risk, one harvard law professor saying we are in a crisis time, many people are being threatened with and put threw disciplinary proses for their exercise of free speech and academic freedom. i think you would agree, foundation of the college experience is academic freedom, allows you to have arguments within the confines of the school. how do we have college as an institution without academic freedom? >> you don't. academic freedom is one of the most important supporting values of excellence. the goal of college is not state of accomplishment as indicated by diploma, it is about state of mind demonstrated by openness to novel ideas. debate and rigorous study take a student from being consumer to an actuator of ideas. >> todd: you are active harvard university professor right now, do you see harvard changing its policy or overall ways and approach to free speech in response to this ranking? >> every university campus it boils down to leadership and the university president. we have a new one, i'm hopeful going forward. the president is like the ceo, chief cultural officer of the university and their goal is to set conditions for economic freedom and pursuit of excellence. take a look at college that has problem with academic freedom, more than likely they have a leadership problem. >> todd: i went to harvard light in hanover. we were expanded, we had different viewpoints. it is a shame that students are not getting that and that is frightening prospect. we reached out to harvard, yet to hear anything back. to tennis, madison keys, third american to secure a spot in the semi's. we are doing well. she joins gauff and ben shelton. keys will face ariana tonight. on the men's side, medvedev given a warning about the high temperatures. >> one player going to -- >> todd: temperatures nearing 95 degrees yesterday, 50% humidity, hottest day at the open so far this year. perfect transition to janice dean with the fox weather forecast. i had a bad headache yesterday because of the humidity. >> janice: it was warm. a cold front will move through the east and that area of high pressure will push across the southeast again. they will get it into the weekend. that will be record daytime high here, 91 in miami, it is warmer here in the northeast than in south florida. you see heat alert from dover, delaware to maine. here are record highs. new jersey, trenton and new york 94. cold front will move through bringing some relief. potential for stronger storms in the forecast later today and into friday. watch for that, hail, damaging wind and isolated tornados possible. warm and humid air mass is something we'll watch. rest of the day's forecast, warm across southwest and southern plains. cooler temperatures. there is hurricane lee. this is an impressive, dangerous storm. we're thinking a category 4 storm in the next 48 hours and north of puerto rico, we'll have to watch over the weekend. we don't have a good model consensus. i think it will curve out to sea, however, that is not very -- doesn't look good to me. that means there is a lot of resolutions here and some coming close to the east coast. we will have a better idea, stay tuned on foxweather.com. >> todd: that is scary. >> janice: absolutely, we're hoping it curves, it will be a category 4 storm. >> todd: not good. thanks. >> ashley: man arrested for brutally beating a 60-year-old woman goes on a rant for the cameras, watch this. [screaming] >> ashley: we'll hear more from the suspect and the victim who is speaking out for the first time. >> todd: take a look at this. >> we will -- >> you have the number? >> during my -- >> ma'am, i want my -- >> todd: a florida restaurant owner isim shaking dine-and-dashers who paying their tab. we're talking to him next, don't go anywhere. >> todd: a convicted killer still on the run after escaping from a pennsylvania prison. we are seeing how he broke out in this newly released jailhouse video. you see daniel cavalcante crabwalking between two buildings and pushed through razor wire and scaled a fence. another inmate escaped in may, but was caught almost immediately. daniel cavalcante is convicted of murdering his girlfriend and accused of another murder in brazil. award up to $20,000. a man accused of beating a woman on the subway is in custody, norton blake was seen in cuffs yesterday ranting about the end of the world. [screaming] on the face of the earth. i should not be treated in this manner. spirit of the lord world war three is upon us. >> todd: okay. warning the video we are about to show you is graphic. norton accused of hitting reynolds 50 times with a wooden cane, beating her to the point of hospitalization. >> loss of memory and everything. i lost a lot. my eye was closed and everything, lumps all over my head. i told the cops, lock him up, he assaulted me. they had him upstairs. they came downstairs and said if they lock him up, they have to lock me up, too. >> todd: imagine being there and law enforcement says blake has had multiple run-ins with the police for assault, resisting arrest and trespassing. his indictment still pending. >> ashley: florida restaurant owner is sick of customers dining and dashing. he is posting videos on social media, including one diner who drove off after the wind blew over her beer. >> the wind -- >> ma'am, i want my -- >> get off my car. >> ashley: the owner of rick's on the river restaurant joins me now. todd and i were talking when we saw this video saying who does this? we did not think this was a thing, apparently it is. you put cameras up to catch people who were dining and dashing, what has response been from the 10 to 12 people who have been shamed on social media to get them to pay up? >> they have come back in to pay almost every single one of them. interesting enough, nobody apologizes and they never tip, as well. >> ashley: did the woman in the white mercedes pay there? >> actually she did not, we are not really trying to get the money as use as deterrent so they won't do it again. we don't want those customers back. we make them come back in and pay. they want to pay over the phone, we make them do a walk of shame. >> ashley: they are thieves, not customers, they are taking andef looing. you say you will not get the police involved, why? >> they are too busy for this nonsense. if it is very large or something or they get combative, we would call police. police have more important things to do. this is not first time they are doing this. they are relaxed when they do it. i had many other venues call and say, can you give me that person's name and number, they have been doing the same thing to us. they will wait and come back and do it again if you don't do something. >> ashley: serial dine and dashers. you put this on social media, one video got 9000 views pretty quickly. have you been shamed for doing this or is everybody on your side? >> 98% of people are on our side from all over the world, we get positive comments cheering us on. they are sick of seeing smash and grabs and nothing happening. we are trying to do our part. you get a few people that try to say that we're in the wrong, but we're not the ones trying to steal something. if you don't want to be splashed all over social media, don't do it. >> ashley: makes you wonder if they are dine-in dashers. hope this deters people from doing this, especially when you drive a mercedes, pay your tab. >> todd: i love that approach and interview. every single question, i was taking notes. who does this and why do we feel entitled that people think about doing this. >> ashley: we just came off the pandemic and restaurants struggles, just pay your bill or don't go out to eat. >> ashley: oil prices shooting up and saudi arabia says they will keep production down for the rest of the year. >> todd: president biden just slashed oil and gas leases in alaska wildlife refuge. cheryl casone on deck on that. ♪ i told myself i was ok with my moderate to severe rheumatoid arthritis symptoms. with my psoriatic arthritis symptoms. but just ok isn't ok. and i was done settling. if you still have symptoms after a tnf blocker like humira or enbrel, rinvoq is different and may help. rinvoq is a once-daily pill that can dramatically relieve ra and psa symptoms, including fatigue for some. it can stop joint damage. and in psa, can leave skin clear or almost clear. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least one heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. done settling? 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>> cheryl: a year ago he sounded like that, not anymore. mayor eric adams has changed his tune. he says the city is not getting enough support from the government. listen to the mayor. never in my life have i had a problem i did not see an ending to. i don't see an ending to this. this issue will destroy new york city. >> cheryl: that was mayor eric adams on the upper west side last night, one neighborhood that opened up hotels and residents were in attendance are upset with the city and the mayor. to be clear, 60,000 migrants are under care in new york city. over 100,000 arrived since april of 2022. looking at buses coming in, 2400 a week. there is an issue with the city schools. department of education sent a letter on how to handle the migrant children that cannot be turned away. you can't turn them away. translators have to be provided, they encourage using public funding if kids come without school supplies, which will likely happen. it is teachers being told, "new york post" covered it this morning. i don't have my paper on set. there you go, kicking the ed, cover of "new york post" this morning. >> ashley: what is going on with coach joe kennedy? >> cheryl: yeah, this football coach that got to the supreme court, wanted to pray on the field. he wins, goes back to work and claims he got retaliated against. let's listen to him. he says it is apparent that the reinstatement will not be fully followed after series of actions meant to diminish my role. i am tendering my immediate resignation. >> todd: why did president biden make an early exit from medal of honor ceremony this week? see if jimmy failla buy the exa expla explanation >> ashley: steve, what is coming up? >> steve: coming up on "fox and friends," timing is ticking for hunter biden. federal prosecutors plan to indict the first son on charges by end of this month. hunter biden faces 10 years in jail if convicted. how strong is the case? we'll talk to a legal panel. and coming to a city near you, behind that black curtain you see, screen right, hundreds of migrants at fourth busiest airport in america. who knew. in new york city, schools are scrambling to place 19,000 migrant children in class and today is first day of school. we have a live report from the ground. and the moment we've been waiting for, n.f.l. kicks off tonight with world champion chiefs hosting the detroit lines. we will get picks from jimmie johnson and joe thiesman. we have martha maccallum and dean cane on a busy 30. this is the channel you trust for your morning news, ashley and todd back in a couple. you are watching "fox and friends first." which was making my days feel like an uphill battle. that is, until i discovered something different, quviviq - a once-nightly fda approved medication for adults with insomnia. not getting enough sleep was leaving me tired. -oh come on! but quviviq helped me get more sleep. quviviq works differently than medication you may have taken in the past. it's thought to target one of the biological causes of insomnia: overactive wake signals. and when taken every night, studies showed that sleep continued to improve over time. do not take quviviq if you have narcolepsy. don't drink alcohol while taking quviviq or drive or operate heavy machinery until you feel fully alert. quviviq may cause temporary inability to move or talk or hallucinations while falling asleep or waking up. quviviq may cause sleepiness during the day. quviviq may lead to doing activities while not fully awake that you don't remember the next day, like walking, driving and making or eating food. worsening depression, including suicidal thoughts, may occur. most common side effects are headaches and sleepiness. it's quviviq. ask your doctor if it's right for you. more shopping? 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[laughter] >> todd: jimmy all part of the plan this isn't wandering old joe at all. most shocking part about that he went the right way. okay. he could have walked back and forth for five minutes. let's be real here they are so relieved he didn't put that medal on himself. do you know how many times they had to tell him that back stage? shame on him. own it for what it was. number one if he was worried about exposing people, he wouldn't have exposed people. showed up and took off the mask. they had already been exposed. >> never mind they shouldn't be wearing a mask anyway it's all just theater at that point. the whole scam of this they keep asking us to lean in as if it's normal to be having a conversation about president. the president left all the time. i remember the time jfk said ask to the what you can do for your -- i got to go. this isn't normal. >> i mean, president biden he joked about not wearing activist that. before we played the soundbite i this the white house. i don't think they want to talk about him having to wear a mask to be quiet honest. listen to this and talk about it. >> explain to the press, i have been tested again today. i'm clear across the board. but they keep telling me because this has to be 10 days or something, i got to keep wearing it but don't tell them i didn't have it on when i walked in. >> ashley: are you buying it? >> jimmy: whole thing is a scam. he is only probably wearing the mask because they don't want him sniffing people. billie madison the president. adam sandler feel bad for the boy who pees his pants he tries to make it look normal. you pee your pants, i do it all the time. wander out in the middle of a ceremony all the time. can you pretend it's normal here people watching on the other side of the world like our enemies they know it's not normal. they are not sitting here no no planned that. mid applause while the guy is crying. that's when you walk out, everybody knows. jimmy, the alternative is one vice president kamala harris who we needed to explain how the succession plans take over when, you know, biden leaves or something. watcher. >> joe biden is going to be fine, but let us also understand that every vice president. every vice president understands that when they take the oath that they must be very clear about the responsibility they may have to take over the job of being president. i am no different. >> todd: she then went on to say it's just a bill just a regular bill. gavin newsom walked around the white house last july like he owned the place. that comment from kamala you didn't see the kamala cackle, is this her measuring the curtains moment? >> 100 percent that's there in her head. you can't forget how opportunistic she is, okay? as an opponent on the campaign trail she said he was racist for supporting segregated busing. believed a sexual assault accuser how would you like to be v.p.? i'm here, i'm outside the building. where do i go in the moment she saw the opportunity she stepped. in there is no doubt okay that she has a sense for the vibe in washington in that his presidency could be headed off to that big ice cream shop in the sky. could kamala step in? yes. stepping in is when you step and did you go in and you are now inside a new role because you have stepped into it to put it in kamala speech. >> ashley: when 77% of americans and 69% of democrats think that biden is too old it makes you why in the world we are even entertaining the idea that he is going to run for re-election. it baffles me. >> jimmy: it shouldn't be going on even to the comedy writer it's exhausting. >> todd: speaking of entertaining and comedy you can see jimmy failla live tickets on sale for fox nation stand up special america privilege paramount in huntington in new york thank you jimmy failla that's what i will do. >> jimmy: going to be a hot one. >> todd: hi. >> ashley: goodbye with that "fox & friends" starts right now. have a good day. ♪ ♪ investigating the bidens is like tracking a bleeding bear through a snow storm. there is evidence everywhere. >> hunter biden will be indicted before the end of the month. >> special counsel is seeking at least one gun charge. >> one charge if they have a trial they won't bring in pappa bear. >> don't tell them i didn't have it on when i walked in. >> president biden flouting cdc guidance and joking about it. he removed his mask to honor 81-year-old veteran. >> he left to minimize contact with attendees. >> this issue will destroy new york city. >> a growing number of leaders from blue cities and states ar