two hours around the elementary school and adjusted the perimeter to exclude both schools. we've done this in an effort to minimize the impact on the students and families while we continue with our search efforts. the district attorney and i have an ongoing dialogue and committed to providing them the most up-to-date information so they can make informed decisions about school operations. we're utilizing hundreds of state, local and federal enforcement officers, k-9s and various technology in an effort to keep the community safe. i'd like to provide the media some insight of the scope in place. as a reminder, we're asking the public's help by familiarizing themselves with photograph and description of cavalcante, to check security cameras and call us immediately if they believe they may have seen him. again, we ask residents to secure homes, outbuildings and vehicles. cavalcante has clearly obtained some clothing and other unknown supplies. we want to minimize any opportunity he might have to get anything more. it is very important we keep the pressure on as we continue this hunt. cavalcante is considered extremely dangerous and there is a reward of up to $20,000 offered for information leading to the capture of cavalcante. anyone with information have asked to call our tip line at 717-562-2987. i continue to thank the community for their support and allowing us to latitude to do our jobs while they deal with what i know are extremely stressful circumstances. we appreciate you all more than you know. i wanted to also -- we've had a number 0 inquiries. i mentioned an injury to one of our tactical dogs. i wanted to provide you a brief update. he's doing well. he's been released from the hospital earlier today and is expected to make a full recovery and return to work within the next week. with that we will be happy to take any questions you might have. >> can yo provide details of the longwood gardens event? we saw the helicopter drop low and try to spread the underbrush there. >> an individual reported that he had seen someone matching that description and he provided us a location that he had seen him running through that area. so searchers have gone to that area. we're using people on foot. we have horses out there as well that are assisting with the search, tactical teams and of course the aviation assets that you mentioned. >> how close is this search to that trail location? >> it's not very far from that location. >> what schools were removed from the search? >> that was the greenwood elementary and chads ford elementary. >> how big is this radius? originally two miles and moved to longwood. give us an exact distance. >> it's about an eight to ten square mile area that we're looking at right now. it's a couple miles across. the total mail -- mileage would be eight to ten square miles. >> any validity that he was at walmart? there was a reporting of a sighting there. >> i'm aware of that report. we don't believe that was him. >> given the newly released footage yesterday, has law enforcement been looking in trees, foliage. have you been looking at storm water management within this neighborhood ands will going door to door in various neighborhoods for welfare checks? >> yes to all of those. it's been a very thorough search. >> do you have a strategy for preventing inmates escaping? >> we do. >> can you elaborate on that? >> no. >> what time was the sighting that you're reporting? >> just before >> today? >> yes. >> colonel, do you still believe he's within this eight to ten mile perimeter that you set up? >> i have every reason to believe he's still within that perimeter, yes. >> can you tell us why? >> we've had no sightings outside of that area. we have maintained a secure perimeter as we possibly could. and then as recently as today, we have another reported sighting. >> what are the sides of your perimeter? >> it is bordered on the north by 926. on the east of 100 or creek road. on the south by hillendale and on the west by 52. >> colonel, how much bigger is this perimeter today than last friday? >> it is larger. i couldn't tell you what the difference in size is off the top of my head. >> this is the same as yesterday, right? >> it is. >> any evidence that he's obtained a weapon? anything new on that? >> i don't have any evidence to that effect. i'm sorry. just a minute. >> you mentioned you know it has had an effect on the k-9 officer. is there any truth that he may have attacked cameras at the prison or may not have been working at the time of cavalcante's escape? >> i couldn't speak to what effect anything would have on the cameras at the prison. >> can you talk about the effect on the law enforcement members on the ground? >> oh, makes it very challenging. certainly all of you have been out in the weather, high temperatures, high humidity. they're wearing uniforms with bullet resistant vests, carrying a lot of equipment. adds to the challenge. with that said, i've not heard a single complaint and i believe our people are up to the task. >> did they get cool-down time, water breaks? >> if someone needs it, we absolutely get them some rest. typically what we've been doing is transporting fluids, food, those kinds of things to sustain them and keep them well-hydrated out to their locations. >> thank you. two questions here. >> [question inaudible] are law enforcement working closely with he call police to ensure he won't go towards the borough? some people are planning not to attend even though he's not been spotted there. >> we're working hard to cap sure the escaped convict. we're well-aware of that festival. we're working with authorities, a number of authorities, law enforcement and emergency management to try to make sure that people feel very safe at that festival. >> last question. in terms of technology, how it has changed from 1999 when norman johnson escaped. how has technology changed and helped your efforts to find him? any thoughts on that? >> as with your cell phone, it's changed dramatically in that amount of time. we take advantage of the latest state of the art options that are available. what i mentioned before, we use a wide array of technology. we have a number of federal partners that i talked about previously. all of the assets of all of our agencies are brought to bear. >> creek road is the eastern perimeter. how did you decide to remove chads ford elementary school? >> we carved it out by putting additional officers around there. we cleared that property to carve that piece out. >> the property at the school? >> yes, sir. >> mentioned another prisoner escaped from warren county. >> yes. >> found some days later. seems like there's sort of a parallel to be drawn here between the two different types of man hunts. wondering if you have any thoughts on how that situation compared to the search now and if there are some differences between the two that explains the challenge that you're experiencing. >> you know, those are two of the more recent examples that we've had. there's similarities between any situation for a man hunt like this. so we try to learn something from each of those incidents that we handle. take from that how to run a smaller operation. our partners in many cases are the same. in fact, some of the people that are here from the federal agencies are some of the same teams and resources. i was on the warren county search as well. there's some of the same resources. all of us take lessons learned from it. we adapt to the different circumstances that we find. there's different challenges with every particular search. if we moved 20 miles down the road, there would perhaps be different challenges in what we have here, we would adjust to those concerns. >> the speculation being the heat-seeking technology, the thermal imaging technology used is not working because it's so hot? is that correct? is all the technology you're using in that regard working the way it should because of the heat? >> it is. >> there's no -- >> weather can have an impact on it. but it does not take that technology out of the game at all. at times to use the example of thermal imaging, you can get some additional hotspots, rocks, different things like that can cause a hotspot. but it requires you to check a few more things but it does not diminish our desire to use it. >> are you concerned that he's growing more desperate and more dangerous, the time that he spends out in this weather and being hunted by you? >> i believe he becomes more desperate. i believe he has always opinion very dangerous. i've said that from the start. he's murdered two people. one in brazil and one here. very brutal manner. he's a very dangerous individual and he remains so. >> now he -- >> is this the eighth confirmed sighting or are there more? can you walk us through those eight? because it seems like he's going back and forth or out of order on the sighting numbers? >> i don't have all the other sightings in front of me. we can talk about that at another time. >> eight is correct? >> yes. >> what about homes? are you going back and rechecking homes. if nobody is home, are you checking relatives? >> we're checking homes, talking to neighbors. if we don't find somebody home. each one is handled on an individual basis. we typically can check tax records, county records to try to find an owner if we've been unsuccessful. the biggest thing is any sign at all at forced entry. we have found some open homes. in those cases, we try to obtain permission. otherwise, through circumstances, we can at least make sure that that home is not occupied. >> is it essential that he's gotting into any of these homes? we've had people contact us saying things have been taken on your end. >> i have not confirmed a single case to this point. doesn't mean he hasn't. >> [question inaudible] >> have additional special forces arrived, sir? >> we have had tactical teams from all over the country come in and continue to come in. we have some additional resources that are arriving today. part of the team will arrive yesterday and arrive today. it will become operational by tomorrow. one of the things when i talk about after the press conference, to give you some additional insight of how we can do this. we'll have an opportunity to talk about some of those teams tomorrow and give you some idea. i think -- i'll come back to your questions here in a minute. what i would like you all to see is that there is an amazing operation going on here. there's a collaboration between local, state and federal law enforcement agencies. this is not simply a situation where we have a police dispatcher sitting and taking a call and dispatching a police car to go and follow this up. this is a very sophisticated, well-staffed operation that i believe, again, when you have an opportunity to see some of that, there are some portions obviously that i can't show you everything. i think you'd have an opportunity to see enough of it to truly come away with an understanding of the effort that is being made to ensure that we end this as quickly as possible to ensure the safety of the community. we absolutely understand their concern. i get it as a parent why other parents are concerned about their children going to school, playing in the yard, all of those things. again, having been involved in a number of these searches, it the same with every one of those. and we want to end this as quickly as possible. we'll throw every available resource at it to do it. >> are you confident knowing that he's going back and forth from the same place again and again? what does that do to bolster some morale out here? what does that mean for your containment area? >> there's no impact on morale. i have yet to hear a single complaint. i interact with our people. we have shift changes where we brief out outgoing troopers and officers. the morale is high. i talked to hem when they come in after a lengthy shift. morale remains high. these are people volunteering to come here, many from out of the area, who are volunteering in the case of state police, they're being paid. so i don't mean it to sound that they're just volunteers. they're asking their commanders to send them here. that's how high the morale is. >> any sense of where he's going now? can you confirm there's no equipment failure at the prison as related to -- impacted any cameras or technology that could have aided in his escape? >> i can not speak again to the technology at the prison. that is not my focus at this point in time. my focus is on capturing him. there is an ongoing investigation there i'm sure will reveal if there was any kind of a failure. or whether it was a failure of an individual or group of individuals. that will all be determined and acted on appropriately. for right now, again, the priority for me and our focus is on getting him back in custody. >> you do know where he's going. >> i have some ideas. i can't get in his head. i wish i could. i wish i could go to right to where he is. we use our experience, we use the information that is available to us. we also use any number of different techniques to try and push him, to get him to make a mistake and detect that mistake when it occurs. one second. the gentleman back here. >> can you explain why you have this perimeter? obviously -- why doesn't that work? >> for a number of reasons it doesn't work. it's not a perfect open piece of land that you can march through. you have businesses, residences, highways, hills, valleys, wooded areas that can't be pushed through. the number of people that it would take to contain that area and be able to walk should tore shoulder through that area and squeeze and the amount of time that it would take, it's just simply not realistic to do that. if we were talking about one city block or something like that, it would be a different story. it's too large of an area to squeeze in and push like that. >> can you provide an estimate as to how the personnel are currently at longwood gardens trying to track this guy down right now? what tactics and what technology is being used. >> off the top of my head, i can't speculate. we want to keep the perimeter secure while we move response teams there. so i mentioned tactical teams, aviation, mounted detail. some other foot searchers besides the tactical teams. k-9s. all of that is brought to bear in terms of the specific number. i couldn't give that to you. >> [question inaudible] >> there was a report of a man that says that he brought him in to his house and whether or not -- >> we're using tracking dogs. yes, i believe the account that someone broke in. i'm saying i can't prove that it was him. >> has he left any traces that you have found? traces of anything? traces of clothing, food? the one in western pennsylvania, camp sites, has he left any traces at all? >> we have not recovered anything that i can say was his at this point. >> a lot of speculation about his training as a survivalist. can you talk about the different of the search that went on for 48 days and the search you're currently in? >> there's a lot of similarities between any of these searches. the difference is the level of violence. we know that the other one was armed. both violent individuals. very dangerous individuals. the difference is with freen, you're hunting for a person with a rifle that will pep trait the body armor of any of the officers out there. it brings a different dynamic to that search. but there's a lot of similarities in the search as well. that's where i tell you that we try to take lessons from all of those and bring those to the next job. >> so longwood gardens is west of 52. today is the -- >> yes, longwood gardens proper is out there. they have additional property that is within the perimeter. it's in the vicinity of that that i'm speaking. >> that area was not open to the public today? >> i can't speak to whether longwood gardens had that piece open or not. >> so not all of longwood gardens was in the correct? >> correct. >> do you still have men searching? >> yes. >> a question for the district attorney or -- neighbors adjacent to the prison spoke about their concerns for their safety, not the first time that someone has escaped from the prison but now the second time. they are curious about alerts. in may -- they're on record saying in may there was no sirens, no warning. i know you don't speak for the county. as the chief law enforcement officer for chester county, how can you assure the neighbors that not everyone is for themselves on their properties? >> i understand that alerts do go out. the first prison escape in may, he was captured within five minutes is my understanding. i don't know if there was time for an alert to go out. i don't know that information conclusively. they're sending out alerts repeatedly through reverse 911 calls. they keep expanding the perimeter and radius to where they send those notifications. they're on high alert. those communities that are affected immediately are alerted right away. i know the time frame is rapid from when they're alerted until when they have an incident. >> you have concern -- under in. is it supposed to be a facility that holds in these dangerous people? this guy is convicted of murder? >> absolutely, this is an outrage. it shouldn't have happened. i helped convict this man. he was sentenced to life without parole. we're all upset. we are all concerned there will be a thorough investigation. >> you speak about deborah and her family. i'm assuming -- [inaudible]. >> they do have protection. they're terrified. they haven't left their home. they're barricaded inside and concerned about their safety. we have police detail about them 24 hours a day. they're very worried. >> will he be going back to chester county prison? >> no. >> what charges -- >> he's charged with escape. that's a felony. >> where will he go? >> a state correctional institution. >> the one -- >> he was on the way to smithfield to be assigned to another location. >> will you release the video of the escape? >> we're not focusing on that. our mission is to get this guy in custody. that's where our attention is focused at this moment. >> did your office answer the motion seeking a retrial or a resentencing for this defendant, mr. cavalcante? i know the judge denied it. will you offers respond to -- >> we did not respond. the judge decided that on his own. yes. >> a follow up question for the lieutenant. we talked to someone who has taken it upon himself to enter a wooded area and look for cavalcante. a vigilante in this case. what is your message to people that think -- >> first of all, they have no authority other than that of a private citizen to do it. they are risking drawing away law enforcement resources because someone else may see them and report them and we end up having to go investigate that and draw resources away. i would ask them not to do it. i can't prevent them from doing it. they have no authority and run the risk depending what action they take getting themselves in trouble. >> just have to confirm, the most recent sighting is not -- >> i said it was near longwood gardens. >> near. that's not -- >> yes. >> longwood gardens property or near longwood gardens? >> i don't know. i just know where the report was. it was very close to where the camera was, which was on longwood gardens. >> what would you say to those that he's winning right now. it's eight days. he's up against hundreds of people. he has barely nothing to eat and you can't catch them. he's winning, not you. >> we've chased people longer than this an brought them to justice. as i said before, we're not going anywhere. we will capture him. when we do, he's doing to prison. i don't consider that winning. >> there's some numbers near the area where he was spotted by the creek who were concerned that blood hounds weren't being used and the scent was getting lost in the creek. are blood hounds of what you're using? >> i don't have blood hounds at this scene but i have other tracking dogs that we have confidence in. i'm told can perform in a very similar manner. and by the way, we have them from a number of agencies as well. >> just to clarify. the he's a isn't impacting the tech that you're using to search day and night? >> correct. >> is there any reason -- i asked this yet. is there any reason to believe he's gotten help from anyone outside of jail? >> that's something that i'm always concerned about. i'm not prepared to discuss that in any further detail at this point. we're always looking for that. we continue to look for that. even if it doesn't happen at the beginning, it sometimes can happen at a later point in the hunt. so it's something thatter with aware of. i'm not prepared to discuss it. >> there was a report that there was a trained stopped and searched in one area. >> there was a train that was stopped there. the railroads have been cooperative with us. for the most part, what they have been doing is stopping at their normal stop. we can utilize others for surveillance to make sure that no one else boards the train so we don't disrupt the train. >> do you know when that stopped occurred? >> no, i don't. there's been a number of trains that have come through there. >> does he have relatives -- this was brought up yesterday. does he have relatives in maryland that he may be trying to get to? something they've heard. does he have relatives in maryland or near here who he is trying to get to? can you tell us -- >> he has relatives in the general area here. offhand, i'm not familiar with anyone in maryland. if he's trying to get to those, i wouldn't be able to tell you that at this point. >> have you tried to get cooperation from them? >> we have spoken to relatives. i can't go further than that. >> yesterday you said something about you still believe he's heading south but you couldn't elaborate on that. can you go further today? >> no. all right. again, thank you very much for your helping in getting this word out, keeping the public informed. we'll talk after ward here about tomorrow. thank you. >> martha: okay. lieutenant colonel bivens giving us the update. eight times this fugitive has been sighted in the last eight days. they have moved the perimeter a bit, cleared a couple of schools from that perimeter. today they believe there was a sighting in the longwood gardens area, which is under five miles away from where the prison is. you can see how it lays out here. nate foy is on the ground in chadford pennsylvania and joins us with the latest. a lot of these questions are around how nervous the people are in this very beautiful part of pennsylvania. very nice suburban area where people are very concerned. >> that's right, martha. you heard deb brian say they're frustrated and concerned. i would say that is how this community feels. especially considering another inmate escaped the same exact prison with the same method that we saw cavalcante did with crab walking up that wall at the prison. dangerous this guy is. people are frustrated. they're obviously scared for their zone safety. there's a lot of disruptions to the community. we heard the search zone is changing. two schools are no longer inside the search zone, this is now the eighth sighting in eight days. i do want to point out, martha, we did have a resident reportedly seeing him on tuesday. the last time we actually saw cavalcante was monday. also at longwood gardens. it's fair to wonder if he's been there the past few days. back to you no thanks, nate. let's bring in lenny depaul, commander of the u.s. marshall fugitive task force. decades of experience hunting fugatives. lenny, great to have you with us. you listened to all of this with us this afternoon. what do you make of it? how do you think it's going? anything you think they should be doing that they're not doing? >> good afternoon, martha. i certainly salute the colonel. he's doing it by the numbers. it's a collective effort. a lot going on. he has the appropriate assets and the best in the business helping him out, the u.s. marshals being premier in finding people as well as federal, state and local partners. they're doing what they do best. they have to do it by the numbers. this guy, day 8, i understand it. human instincts have certainly turned into animal instincts. desperate people do desperate things. like i said, hose breaking into homes now. how much provisions does he have? it's anyone's guess. you know, it's a matter of time. >> martha: you know, they say they're confident. lieutenant colonel says he's confident that the suspect is still inside their perimeter based on the sightings that they've had. there was discussion about his former girlfriend who he murdered about her family and how concerned they are. the sister did an interview. she said that, you know, he had seemed normal and he dated her sister for 1 1/2 years. when he drink a, he became a different person. she was brutally murdered in front of her two children is. and this guy is obviously -- they're concerned he might target them as well. >> he's a vicious animal. the murder that he committed with her and apparently she was going to give him up on the brazil alleged homicide that he's involved in as well. the good thing here, martha, he's a couple miles from the jail. he didn't have a plan. i don't think he still has a plan. he's off the grid. playing adult hide and seek. he's a dangerous guy. the public needs to remain vigilant. if you see something, say something. dial the number the colonel put out. you have to be careful. what is his mindset once the noose starts getting smaller? law enforcement has to react accordingly and hopefully this gets put to bed without incident. >> martha: hopefully it does. you oversaw a group that did over 100 fugitive arrests a week. so what do you think is difference in this case? is there anything you picked up in what he just said that you would want to pay closer attention to? >> no. i'm sure he's keeping some things close to the vest. there's tips coming in. they all need to be vetted and taken care of. he has the manpower, resources. money is there. a $20,000 reward out there. we know the streets talk, martha. like i say, you can run but you can't hide. when you run, you'll go to jail tired. >> martha: exactly. it was interesting that deb ryan, the d.a., said she prosecuted him in the first place. she wants him to get back behind bars. she also said he was on the way to smithfield to be reassigned. you think that might have prompted his move at this time? >> i mean, you know, he got a life sentence. when that came down, that inmate that escaped, he mirrored what that person did. did they have a conversation? maybe, maybe not. i'm sure law is well-aware of that. i don't think that had anything to do with it. he's looking at what's going on in brazil. they'll extradite him on the provisional arrest warrant. he has problems. what is the end game? what is he doing? that's going to be the problem. he's 5'nothing, 120 pounds. thick underbrush. 95 degrees. provisions are important. so you know a lot of what ifs. but they're doing it by the numbers and hopefully they put it to rest. >> martha: they have the best in the business helping them out. lenny depaul, former commander of the u.s. marshals. thanks very much. >> thank you. >> martha: today is the first week in september. so we have the first day of classes in new york city. always an exciting day for kids and their families. some new challenges face new york and other cities because here there's an influx of 21,000 migrant children added in to the school systems. schools are scrambling to figure out how to fit these children in to the classes, where to teach them. new york city records that some buildings have had to turn away children at one long island city school. the line stretched across the block. one frustrated teacher said it's a capacity issue. they should have worked this out two days ago. i mean, maybe even before two days ago might have been the reason. lee zeldin joins us to talk about this. first to madison alworth. hi, madison. >> hi, martha. the first day of school is over here in statten island. the migrant crisis in the schools is just beginning. what we're hearing from the cities, there's 30,000 migrant kids in school age. 21,000 were registered for school on this first day. it was very clear just how many would show up. certain schools overwhelmed on the ground. the teachers being told by the board of education to deal with it. in a letter that went out to schools ahead of this first day. so they get the letters probably two days ago. what they heard is that they needed to take any child that came through the doors regardless of status of immigration. >> even if their schools were full. that wasn't all. the letters said that teachers needed to figure out a language solution if they didn't speak a student's native tongue. they encouraged them to buy supplies for those students. now, some teachers figured out today that they would have different migrant students. a student in queens reported that they had 45 migrant students added to their roster. across the city, officials are concerned about the education system. a big issue concerning parents. centers around vaccinations. all new york city kids are required to be vaccinated against diseases like polio and hepatitis b before the first day to be enrolled. migrant families are being given 30 days to comply. we talked to a parent that said she's concerned about those students and her own students in the school. take a listen. >> the whole school is at risk. some kids depending on their healthcare background, maybe had one does ommr. what if they were susceptible of polio. we've seen a rise in polio over new york city. you never know. >> it's the start of the school year. it's not the end of the migrant crisis. mayor adams says 10,000 migrants arrive each week, martha. if more migrants continue to come in, that means more students in the schools. >> it's an unbelievable situation. let's bring in congressman and candidate for governor, lee zeldin. good to have you with us. the teachers are being told try to find someone that speaks their language. in some cases they're coming from west africa, russia to these teachers and get some school supplies. i'm sorry we didn't mentioned this until they were about to show up in your classroom. who runs anything like this, congressman? >> well, this was very predictable. this should have been better prepared for it. there already was capacity issues and outcome issues and resource issues before this even hit. this was an issue we're talking about last year. we knew starting january of 2021 when the new president came in and border policies changed, that there was going to be a border crisis and spreading a cross the country. now we're seeing it play out inside of the cities that you're reporting on here in new york city. when you have a capacity issue and dealing with a debate like earlier this year and new york state decides not to lift the cap on charter schools, how can you stand here and say oh, we have a capacity issue. we should have done something about it. when the outcomes are showing that you spend 2 1/2 times more per pupil than places like florida and mississippi. your black students and hispanic students and low income students are performing poorer in english and math. we should be tackling issues even before this hits. >> it's incredible. >> the teachers are frustrated. >> martha: here's mayor adams who add one point said we should protect our immigrants. we're a sanctuary city. now here's what he's saying. >> started with a mad man down in texas that decided he wanted to bus people up to new york city. 110,000 migrants. we have to feed, clothe, house, educate their children, wash their laundry sheets. give them everything they need, health care. >> martha: how is it possible we don't hear anything about this situation in terms of solutions from president biden? >> yeah, this is by design on the border. when he came in, you can see they stopped construction of the border wall, ended advanced catch and release. they stopped the remain in mexico policy. they stopped title 42. they attack our customs and border patrol agents. this was methodical to create this issue. kudos to the mayor. but the city has sanctuary city policies, the state sanctuary state policies and people in the government are not dealing with it. >> martha: it's amazing tin fighting you're seeing with democrats. kathy hochul says no thank you. don't send anybody upstate. mayor eric adams is looking to the white house and the leadership in the governor's office for help. he's not getting it. it's a disaster for these kids who you point out are already having trouble even despite the fact that we spent twice as much on them dollar wise than kids that are in more functioning districts. thanks for waiting for us with the breaking news. thank you. >> you bet. >> martha: congressman byron donald, jonathan turley and kellyanne conway on a another brutal poll for the current president that finds not only are majority of democrats seriously concerned about his ability to govern at his age, but 67% say they don't care who it is, they would vote for anyone else on the ballot in the democrat column beside him. >> there's no way to spin this. cnn reads the country's mood right now and finds that america is deeply unhappy with joe biden. i suffer with psoriatic arthritis and psoriasis. i was on a journey for a really long time to find some relief. cosentyx works for me. cosentyx helps real people get real relief from the symptoms of psoriatic arthritis or psoriasis. serious allergic reactions and an increased risk of infections or lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx. 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>> well, look, i'm sympathetic with abbe. when you cut a teal with the department of justice, you expect it to stick. the problem is it didn't stick. this fell apart in open court. the judge didn't sign off. the probation office didn't sign off, which are conditions to have this go forward. and then you have the defense team turn to the prosecutor and say, rip it up. you know, referring to the plea agreement. because they weren't coming to any global agreement. what they're arguing now, yeah, we understand you're going to rip up the agreement but just not these pages. the gun charge has the most controversial element in the plea agreement. buried in the language is a sweeping immunity deal. when the judge asked the prosecutor, have you seen anything like this before? the prosecutor said no. that's how sweet this sweetheart deal was. >> martha: yeah, it's interesting. lowell is focused on the sort of unique use of this gun law and how other circumstances people have been not indicted for similar circumstances in some ways. what he's not discussing is the larger part of this that said oh, we're not going to indict you for anything else during this entire time period. that is what caught the judge's attention as unprecedented. you wrote a piece that said, you know, does hunter go full nra now? what do you mean by that, jonathan? >> well, because the logical step, if this plea agreement -- if the gun part of the plea agreement collapses is to challenge the underlying law. there was a fifth circuit opinion that held that in another drug case, it was unconstitutional under the second amendment to deny that defendant the right to possess a firearm. most criminal defendants would use that. that is a law that his father supported and he's relying on a case his father denounced. this could get wacky fast. >> martha: indeed it could. thanks, jonathan. good to have you with us. joining me now, byron donalds. thanks for being with us today. we know the work of your oversight committee under the chairman james comer has been to see if anything is in the records shows that the president knew more about his son's business dealings than he admits to. seems like every week or so there's new information that comes into that. part of what is new here is an e-mail that went between kate bettingfield and eric schwarin, a close business associate in these deals with hunter biden. in it, she says the v.p. signed off on this. we'll give this to both reporters in my name shortly. hunter biden is a private citizen and a lawyer. the vice president doesn't endorse any particular company and has no involvement with the company. the vice president pushed for years to end corruption in ukraine. goes on to say. what is unusual about this e-mail and why does it raise some alarms for you? >> well, look, good to be with you. one real quick point, a message to mitch mcconnell, senate republicans. we're not signing off on any clean c.r. deal. it's time to secure the border. now back to hunter biden. the reason why this e-mail is so damning is because once again, it proves that joe biden knew exactly what was going on the entire time. if he had no idea, why is this communications director putting together an e-mail stipulating to that fact? the reason why you put an e-mail together like this in such detail and they're going back and forth is to try to create further separation. what will clear all of thisare these 5,400 e-mails at the national archives has had this entire time where job is using fake names to communicate apparently with his son and a whole lot of other people. >> martha: that's an odd thing where he uses fake names as you say to send e-mails so that apparently it doesn't flag anybody. i just want to go back. we're short on time. i want to give you an opportunity to expand what you said about the c.r. and the appropriations bill moving forward. you're saying you believe there's not republican support in the house form mcconnell's deal. explain. >> i'm going to tell you. i don't think, i know. there's not republican support in the house for a clean continuing resolution that continues all of the crazy policies of joe biden and nancy pelosi for that matter. we're not going to do it. look at what is going on in new york. down on the southern border, in chicago. families are sick of what is happening at our border and spilling all over the country. senate republicans have to do the right thing. it's time to fight to secure our southern border that starts with this appropriations battle that we're on the precipice of. if they say we ned a clean c.r., the an is flat-out no. >> martha: yesterday senator thune talked about dividing up the bill in pieces, be done in regular order. does that give you any confidence that these issues will be hammered out on capitol hill as they should be when it comes to spending? . >> i want to be very clear with senator thune and everybody else. it's time to secure the border. you can play whatever process game you want, but i'm telling you, the people of our country need our border secured. republicans, democrats, independents. they need our border secured. that is the job that congress must do. >> martha: so you're saying there's a bill that could secure the border and passed in both houses that could secure the border? is that what you're saying? >> oh, yeah. listen, the house already passed it. it's h.r. 2. we can do this tomorrow. you have senate democrats that by the wayed, america, they're up for election. if they're not going to do their job and securing our nation, why are they in the senate? enough of the politics, enough of the games. it's time to get down to business. securing our border is federal law, number 1. number,2 it's the requirement of every official that takes an oath to uphold the constitution. we need to do our job. >> martha: we know there's broad support on both sides of the aisle when it comes to americans that they want a secure border. questionle see where that goes. thanks very much, congressman donalds. >> thank you. >> martha: another new poll shows president biden is facing concerns about a lot of things really. but his age is one of them. also he's ability to do the job, mo so than the age, which is 80. more than half hoff democrats and independents leaning that way say they're seriously concerned that his age might affect his physical competence, his ability to win the 2024 election and such another term. 2/3s of democrats and leaning independents say the party should nominate someone else other than president biden. let's bring in kellyanne conway, former senior counselor to president trump and a fox news contributor. nangs -- thanks for being here. when they said who do you want? they just said anybody. we're not -- we don't really care. we just want anybody except the current president. what do you think the response is from the white house? i saw an obama adviser on another channel saying don't worry about all this. you know, president obama had pressure on him in the polls when it was this time. you know, when push comes to shove, they'll show up and vote for joe biden. >> martha, i've been doing this over 30 years, polling. i have never seen a president so beleaguered a, by his own party that are outwardly talking about replacing him. they're questioning his ability and his agility just to do the job that they put him in. i have never seen so many negatives visited upon one president. let's just quickly review. in this latest cnn poll that you're quoting and you're showing democratic figures there, we see a couple of things. number 1, joe biden is losing to every republican can at this time in a head-to-head matchup. >> martha: let's take a look at this. >> except vivek and tied with ron desantis. that means a sitting president of the united states cannot crack 50% against any of them. number 2, said the electability argument is gone for him. the mental fitness question. in addition to straight up mental fitness and the acutie, the other is talking about his stamina are bad. it's not just age. it's the ability to do the job. most of the time we see joe biden, he's stumbling or bumbling or on vacation. people are very upset. many americans could not take a summer vacation. he seemed to be on an endless vacation. i felt one of the more devastating things in the poll are the personal attributes. 55% say he doesn't care about people like me. we had a rare moment of tripartisan agreement. democrats, republicans and independents don't want joe biden to be president. >> martha: so there's a lot of numbers in here. does the president inspire confidence in you? that one he had 47% two years ago. now 72% say that he does not inspire confidence. listen to this from david axelrod who has never been a big supporter of joe biden. he called him mr. mcgoo. >> this is in joe biden's hands. he has to decide whether he can complete this task and win this election and prevent what many people fear would be a disaster for the country. if not, then he should step aside. >> what do you make of that? >> that's devastating coming from president obama's -- one of his two chief architects of his win in 2008 where joe biden was the vice president. >> and chief of staff. >> he's on camera with kate bettingfield that just came out of the white house as biden's communication director, the same position she had on the campaign. closest friends and allies are worried about the future of the party? joe biden's hands. what is fascinating, two quick things, you never hear the democrats say send me kamala harris. americans don't agree. >> martha: except for her. >> she's the only person that she thinks she's ready. if she were remotely ready, they would kick him out. cnn is still running polling questions like this when they know the data will be against biden is the most curious part of the entire poll to me. we all know cnn wants a democratic president. i dare them to disprove me. based on their coverage. why are they running poll questions about joe biden's age and mental fitness and capacity and electability and acutie? this week is the first time i, former campaign manager and counselor, believe that the democrats are inching closer to not having biden on the ticket. have not bought in to that till this week. >> martha: very interesting. let's put back up the matchup that we had on the wall that shows joe biden against these republican candidates. so you mentioned -- it's interesting that he's even with desantis. nikki haley and he's plus one for the former president. nikki haley, plus 6. they have grown after her a bit. i have 15 seconds to respond. >> she had a good debate. she had good moments. people want a female president but not kamala harris. i think the big story here for joe biden is that he can't get anywhere close to 45 let alone 50 against any of them. >> martha: okay. you have been polling a long time. thanks, kellyanne. >> thank you. >> have a good evening. that's it for today on "the story." have a great evening. >> don't mess with texas. greg abbott fighting back against the biden administration to remove the floating border barrier in the rio grande able at deterring illegal crossings. the deed line is a week away. where is this battle headed? to the texas department public of safety, chris olivarez is coming up. first this. forget drilled, baby, drill. more like ban, baby, ban? did president joe biden just drill drivers