at the stores. watch this. >> we do it right, we know what the it will mean. it will create millions of new jobs and grow the economy. we'll win world economic competition that we're engaged in with china and many other countries around the world. we're going to see ease, yes, ease, lower inflationary pressures on our economy. >> martha: okay. former speaker of the house, newt gingrich joins me. the author of the new book, "beyond biden" and a fox news contributor. let's jump off from there from what the president said. he said this build back better program, which is a very large extension of benefits, programs that would be given from childhood to the elderly, he says this will cut inflation and make us more competitive with china. what do you say? >> well, first of all, biden can say anything he wants to. he doesn't have any relationship to reality. the fact is when you have $50 billion in this bill to amtrak with no reforms, all you're doing is throwing money into a system that needs to be modernized and there's no pressure in the bill to do it. when you throw billions into new york city with no reforms, you'll be the most expensesy structures in history. makes chuck schumer happy and the construction worker union happy but it won't lead to better infrastructure. we need deep reforms of our bureaucracies of the length of time it takes for us to do things. none of that was in this bill. we have to recognize, these are people that believe if you throw more and more money in to broken structures, something is going to work. what it means, of course, you're going to have more and more expensive failures. i think it's important to recognize that leading democrats have come out and said more spending in an inflationary environment is just going to increase the pressure for more inflation. so people who already are finding food costs going up, rent going up, gasoline going up, there's nothing in this bill that will bring that down despite the president's nice words. >> martha: so the president made a promise to the american people that if they made under $400,000 a year their taxes would not increase. i want to remind people of a previous president that made a similar promise. watch this. >> read my lips. no new taxes. >> taxes did end up going up and the president, the 41st president was not re-elected. the tax policy center has done an analysis of this. there's a lot of different ways to look at it. we heard jen psaki defending it. part of the analysis shows for that group, yes, taxes would increase a slight amount in fact and that some millionaires in new york and los angeles, that the salt tax change would cut the taxes of those millionaires. so what's going on here? >> well, look, the democrats are paying off their billionaire allies. they're under huge pressure from democrats in new york, california and new jersey because those states are getting hammered because the high taxes used to be sheltered behind federal deduct ability. when the republicans took away that deductibility, the billionaires realize how much they were paying for local government taxes. so it's a big break for the very wealthy. i think up to $90,000 per person. compare that to what the average person will get. more deeply, inflation is a tax. inflation is a function of the government putting more money in to the system than there are goods and services. so the biden inflation tax, so if you buy a car, if you buy food, if you pay rent, if you pay for gasoline, if you try to heat your house this winter, joe biden has raised the cost of living for you. in fact, the real income of americans dropped by over 1% over the last year because wages are not going up as fast as inflation. so anybody who lives a real life, may be a joke to people hiding in the white house or a joke to the secretary of energy that broke up laughing when she was asked what her plan is to lower the cost of gasoline, but remember, there's a fight underway right now to close the largest pipeline in to michigan which carries i think 60% of the gasoline used in michigan, plus some gasoline for indiana and ohio. if they close that pipeline and further raise the price of gasoline, people are going to think they're crazy. totally out of touch with normal everyday americans. >> that's a good segue. we're about to talk to debbie dingell of michigan. thanks, newt. >> thank you. >> martha: joining me now, debbie dingell. good to have you with us. to respond to what newt gingrich was just saying there, what is your stance on the consideration or the study of potentially not keeping that line 5 running and functioning in the new plan that was scheduled for it? >> so like all things that we talk about, they're very complicated. newt gingrich is a friend and i disagree with most of what he just said. it's a complicated issue. we don't want to see any kind of oil pipeline spill in to the great lakes, which is 20% of the freshwater in the world. there's been several pipeline strikes. there's alternatives about how that energy will be delivered. it's complicated. not talking points. i'm just worried about inflation as newt gingrich or anybody else. it's real. it's being caused by a lot of things including labor shortages for the past year, supply chain that we've got to focus on and make more resilient and the fact of the matter is, covid the last 18 months has forced a lot of people to leave the work force. we're trying to get women back in to it because of child care issues. it's complicated. >> martha: let me play this from the vice president, kamala harris. she made an argument from congress woman jayapal yesterday. >> when we can get build back better passed, and we're optimistic that we will, the american people will see costs reduced around some of the most essential services that they need to take care of their basic responsibilities like child care. >> martha: i don't know how most americans take this argument. what she's saying and what jayapal said, it doesn't matter that all of your other costs, gas prices are going up, food prices are going up because we're going to pay for your child care. it's like saying there's a leak in your roof but we're going to put a drain on it. the roof will keep leaking. how does that sit with most americans? >> it's one factor. the fact -- look, everybody is looking for people to do jobs. the reason -- one reason why jobs aren't being filled. a lot of people can't afford their child care. so when you get people back in, i think fixing our roads and bridges -- here's the reality. our infrastructure is equal to any third world country. presidents republican and democrat the last few decades have been trying to fix the infrastructure. we have to have ways to spend the money. i want to say to the former speaker who is a friend, we have to make sure that money gets out, spent wisely. i'm going to track every dollar -- >> martha: you have confidence that will happen? people say oh, my gosh, here we go. this pet project here that pet project there. are we going to see potholes disappear and all of our roads get better? i think that is such a real concern that people have. you know, in new york, you pay $18 to go through the lincoln tunnel. those are supposed to be the funds that help to support the roads and its like driving through a third world country. do you really think that money will be spent efficiently congresswoman? >> not only do i want it to be spent efficient by but my job in congress is to make sure that these dollars get where they need to go and they are and people hold us accountable for doing that oversight. i've made it very clear to people that we've allocated this money to the states, we're not just giving to it the states. we have a responsibility to make sure it gets to where it needs to go. >> martha: i think all americans hope that you can do that. good luck with that. i think it will be a very tall order. it's a trillion dollars that will be going all over the country. we hope that the benefit of it is seen quickly and effectively. because people want the country to be efficient and that's one of the big concerns. we'll see where it goes. congress woman, thanks very much. >> thank you, martha. >> martha: you bet. so black lives matter activists threatens violence not seen since the riots that erupted in american cities last year and the rulings now being weighed by the judge in the kyle rittenhouse trial that really could have a huge impact on what happens with this jury. we'll get you up to speed on that next. veteran homeowners, if you're ever going to use your va home loan benefit to get cash, now is the time. because interest rates are near record lows and home values are at record highs. the newday 100 va cash out loan lets you borrow 100% of your home's values and you can take out $ 50,000 or more. pay down high rate credit cards, improve your home, or just give your family the security of having cash in the bank. wow... that's so nice! is that a photo of tepechitlan? yeah! the gift of ancestry®, is a walk through your history. do you remember who this is? it's a gift that surprises you, moves you, and bonds you. ...papa? i can see the nose and everything. she was the original strong woman. i know. this holiday, give the gift of family. give the gift of ancestry®. ♪ ♪ limu emu & doug ♪ give the gift of ancestry®. got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do? woooooooooooooo... we are not getting you a helicopter. looks like we're walking, kid. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ why give your family just ordinary eggs when they can enjoy the best? eggland's best. the only eggs with more fresh and delicious taste. plus, superior nutrition. which is now more important than ever. ♪♪ people with moderate to severe psoriasis, or psoriatic arthritis, are rethinking the choices they make like the splash they create the way they exaggerate the surprises they initiate. otezla. it's a choice you can make. otezla is not an injection or a cream it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. this is a va mortgage rate watch from newday usa. and if you're pregnant or planning to be. while national mortgage rates are starting to climb, newday is holding the line at two and a quarter percent, 2.48 apr. so every veteran home owner can save. in business, setbacks change everything. so get comcast business internet and add securityedge. it helps keep your network safe by scanning for threats every 10 minutes. and unlike some cybersecurity options, this helps protect every connected device. yours, your employees' and even your customers'. so you can stay ahead. get started with a great offer and ask how you can add comcast business securityedge. plus for a limited time, ask how to get a $500 prepaid card when you upgrade. call today. >> martha: fox news in a one-on-one interview with black lives matter leader in new york who warned that there would be riots and blood shed in the streets of new york city if the next mayor, eric adams, moves forward with his plans to reinstate the undercover police division in the new york city police. as you can see in today's "new york post" cover, the mayor-elect, eric adams, is clearly not backing down on wanting to make the city safer. bryan llenas reporting live here in new york. hi, bryan. >> hi, martha. look, i pressed hawk newsome about what it is that he wants from new york city's mayor-elect mayor adams. he said ultimately they don't want to see the plane clothes police officers on the street. that that is a red line for them. the units were dismantled in 2020 following last summer's violent protests. listen. >> when these plain clothes police officers come back in to the streets with the mentality that they're going to eradicate crime, they're going to make a mistake and they're going to kill someone. when that happens, there will be a repeat of george floyd. it's simple mathematics. it's out in about hawk making threats. >> this all stems from a contention meeting newsome and his organization had with adams that was live streamed on instagram wednesday. in the meeting, they pressed adams about defunding and auditing the nypd and making promises. while unsatisfied with his response, hawk said this later. >> they think they're going to go back to the old ways of policing, that we're going to take to the streets again. there will be riots. there will be fires and there will be blood shed. >> now, adams a former nypd captain called the comment silly and he also said that he's going to stand by his campaign promise to make sure that those undercover cops are put back on the street to fight the surge in crime. >> this city is not going to be a city of riots or a city of burning. this is going to be a city where we're going to be safe, we're going to have effective policing. that's not heavy handed. >> and mayor-elected a dams brought up an interesting point. he was saying that violence in the city and crime in the city was never brought up in the one-on-one meeting that was live streamed nor was the issue of plain clothes policing. martha? >> martha: we know crime and homicide has gone directly higher since the disbanding of that unit. we had an interview with a former new york city police detective that said that is what would happen when the unit was disbanded. wee see the numbers that support that. we'll see where it goes from here. thanks very much. interesting. good to have you with us today. so a verdict is expected soon in the trial of kyle rittenhouse. he's facing seven charges of shooting and killing two men and injuring a third last summer in kenosha. a judge says he will consider secondary charges in some of these incidents. he's going to give instructions to the jurors on monday, second degree charges, i should say and considering a request by the defense to toss out the case after what has been a very emotional and dramatic week. watch this. >> everybody that you've shot at that night you intended to kill, correct? >> i didn't intend to kill them. >> it wasn't until you pointed your gun at him, advanced -- with your hands down and the gun pointed that he fired, right? >> correct. >> read over your statement, right? >> correct. >> and we ask if you knew anything beyond that statement. >> correct. >> we didn't ask you to change it. >> yes, you did. >> pardon me? >> that was -- >> don't get brazen with me. >> i was astonished when you began your examination by commenting on the defendant's post arrest silence. that is basic law in this country for 40 years, 50 years. i have no idea why you would do something like that. >> the defense will be making a motion for a mistrial. >> martha: joining me now, fox news contributor, andy mccarthy. what a week it has been in this trial, andy. your thoughts in terms of the instructions and what we expect in closing arguments monday. >> it's been very contentious, martha. it's a shame that i think what most people think they know about the case, a lot of it comes through political prisms rather than a highly wrought factual, emotional scenario that plays out and the facts of the case. what happened today with the jury instructions is pretty standard. it's odd that the judge is still not at the point of making some rulings that the lawyers would want to know before they begin their summations next week. it's standard in murder cases that the judge will instruct the jury on lesser-included offenses. the idea being that a murder is kind of a greater charge and subset within it are lesser charges. the jury will sometimes find that the lesser charges are more easily provable than the greater ones that happens in most cases. i think this case comes down to self-defense. it's not one of those ones where the jury is likely to split between say first degree and second degree murder. it will be guilty or not guilty. >> martha: two things really point towards that. one of the moments we just played when the person who was wounded in this incident admitted that he pointed his fun at kyle rittenhouse first. threatened him before -- he pointed his gun at him before kyle rittenhouse fired. you know, some people felt at that moment that part of these charges could have been dismissed by that judge. is that to you the most significant moment in this trial or does it rely on the video itself and how the jurors interpret it? >> i think, martha, when a defendant testifies, a jury -- that's a big moment in a trial and decides to take the stand. the jury wants to see the defendant look them in the eye and say, i am not guilty or what i did i did with an innocent heart. that obviously happened in this case as well. but you're right to seize on that moment which is captured in video as well as very vivid testimony where you have this guy that is actually pointing a gun at rittenhouse's face at the moment that rittenhouse shoots. because that is really what it comes down to. there's not a question here about what rittenhouse's intent was, even though that questioning has been highlighted in the coverage. the question is did he have the right under the circumstances because he wasn't an assailant, he was the one being preyed upon, did he have a right to defend himself. >> martha: quick question before i let you go. this is an image from a video that was tweeted out by candidate biden in which he -- the video calls kyle white house a white supremacist. his mother mentioned "defamed" in an interview. let's get a quick thought on this from the other side. >> president biden doesn't know my son whatsoever. he's not a white supremacist. he's not a racist. and he did that for the votes. what he did to my son, he defamed him. >> martha: quick thought on that, andy. >> yeah, i'm going to say the same thing when president trump was president. >> if you're the chief executive of the united states, your job is to protect people's rights to a fair trial, not to make demagoguic comments. it's hard no matter who does it and condemnable for biden to do that. >> martha: a great point. needs to come from the top down that people are innocent until proven guilty and to cast aspersions from that high of office shouldn't be done. i know you'll be with us monday. thanks, sir. >> thank you. >> martha: how close is the biden administration -- how closely they were working with members of the national school board association to target fired up parents. that's a big question. we'll talk about it next. a chip in your windshield...:t trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire people everywhere living with type 2 diabetes are waking up to what's possible matching your job description. with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® is a pill that lowers blood sugar in three ways. increases insulin when you need it... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to what's possible with rybelsus®. ♪ please don't take my sunshine away ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. >> martha: breaking today, the republican that almost became new jersey's next governor has conceded. jack ciattarelli says he doesn't see the reason for a recount. it's a state that president biden carried by 15 points. ciattarelli said he helped the gop to make big wins in the state legislature. >> we leaned in to down ballot races and the results were the greatest election night for republicans in 30 years. >> governor phil murphy becoming new jersey's first democratic governor to win re-election in more than 40 years in the garden state. so the school board group that compared some parents to domestic terrorists in a letter to president biden worked on the letter with the white house for "weeks." that's an e-mail that fox newses that obtained. an executive wrote to the board of directors "in talks over the last several weeks with white house staff, they requested additional information on specific threats." the letter details many of the incidents that have been occurring. five days after the group sent the letter, merrick garland announced the justice department would help local law enforcement deal with threats of violence against school board members. garland told congress he did not talk to the white house before releasing his memo. no response from the justice department about this newly surfaced memo. let's bring in marc thiessen, former chief speech writer for george bush. marc, always good to have you. we remember that testimony from merrick garland. he was pressed on whether or not he was had any interaction with the white house. people thought it was strange that this letter came from the national school board association on a friday and then boom, monday the department of justice says we're going to put the fbi in -- have a look at investigating parents. do you believe the attorney general, that there was no coordination between the white house and doj that produced this letter from merrick garland? >> not at all. it's obvious there was. he president of the national school board association says in the e-mails that she had been in contact with the justice department as well as the white house. so they were -- she was talking directly to people on his staff. i'm sure she didn't speak to garland himself. most people don't get to call the attorney general and have him pick up the phone but she was talking to the people that set the policy for sure. we already know that the nsba, which is disavowed the letter and apologized and garland hasn't apologized, they were coordinated with giving edits telling them to add the list of different incidents, none of which garland -- the list of incidents inspired him to write the memo he says. none is a federal crime. he also said during the testimony that i didn't mention domestic terrorism or the patriot act in my letter. when they released the letter, there was an accompanying statement that said he wanted to form a task force that involved the national security division of the justice department. that was created by the patriot act. that's untrue. garland is trying to distance himself from this but this is a mess of their own making. >> martha: it's obvious and you put it so well, marc, in order for the department of justice to open an investigation to employ the services of the fbi and other national security agencies, you'd have to have evidence that you believe a federal crime was committed that would evoke the need to employ those institutions in to an investigation. and to push it out of the local arena where the local law enforcement could do with the sparse incidents that they had evidence of, which do not seem to be systemic or widespread across borders and the local law enforcement has every ability to take care of them. this is won't continuing to dig into, to know what the communication was and we're getting closer to it. thanks, marc. >> thank you, martha. >> martha: so russia and china are both increasing their military aggression on nearby countries right now. it's a big deal. they're putting duelling challenges in effect, and that is in the mix. where the president is concerned. how will he respond to what's going on on these borders with russia and with china? he had a big meeting with president xi monday. robert o'brien joins me next. veteran homeowners. while some banks and lenders are raising their rates newday is holding the line with their two and a quarter refi. that's 2.25%, with an apr of 2.48. this is their lowest rate in history. the newday two and a quarter refi can cut thousands of dollars off your mortgage payments. there's no money out of pocket and no up front costs. lock in your rate. >> martha: the biden administration is dealing with duelling threats with china and russia as they ramp up their military presence on the world stage and creating a test situation for president biden. the white house announcing a high stakes virtual meeting with president biden and chinese president xi that will happen monday evening we're told. here's the white house a short time ago being pressed about what may or what should be discussed at that meeting. watch this. >> will he bring up the covid-19 origins with president xi given he has said that china has been blocking investigators from getting access to information that is critical to them? >> that is a remaining concern and there will be a broad change of topics that will be discussed. >> martha: not a clear yes or no or that. ambassador robert o'brien, former ambassador under president trump. thanks for being here. what did you think about that answer whether or not the president would press president xi on covid origins? >> it's not unusual not to give the topics out of the conversation with a foreign leader before it happens. you know, we'll have to see if the president raises the covid origins. the chinese will respond harshly. we'll see if he rates that with president xi. >> martha: what would you say if you were advising the president, one of the most important things with regard to china? what does he has to get to in this meeting to make his points? >> it's a maximum international affairs that weakness is provocative. the president is perceived as being weak by xi and putin. they watched the debacle in afghanistan and the catastrophe on the certain border. they see secretary kerry begging for a climate deal from the chinese. so xi and putin smell weakness and they want to exploit. the important thing is for the president to reiterate the statements that blinken and sullivan have made with respect to taiwan, the south china sea and america's interest in the region that we won't leave the indopacific, we're staying there and the chinese won't run us out and we're standing by our friends and democratic parters in taiwan. we can't have a chinese invasion of taiwan. it would be disastrous and heart breaking for taiwan a democracy of 30 million people. >> martha: it would. it's interesting what is happening with russia. you've got russian troops on the border of ukraine again and then the situation in belarus and poland is part of nato. they're allowing migrants to cross into belarus and belarus with the backing of russia saying we're going to push these migrants to the polish border and press into poland. it's creating a tenuous situation. so poland is a nato ally but a sneaky way of destabilizing poland. >> we saw this happen with turkey. the poor refugees, the migrants are weaponized. your heart breaks for them. you feel terrible for them being on the front tier. but the russians understand that it's very difficult for the united states, which is not defending its own border, which is not sending troops to defend our own border, many of the same time of immigrants are flooding across our border, it's very hard for the biden administration to send troops and support the poles that want to defend their own country. it's a clever move by putin and he's put the biden administration in a bind using one of the foreign policy mishaps that is taking place in our country right now. >> martha: as you point out, we've had afghanistan open the flood gates and made us appear weaker. that is a fair assessment. we'll see whether or not anything substantial comes out of this meeting monday night with president xi. ambassador o'brien, thanks very much. >> thank you. we'll hope for the best. >> martha: we do. thanks very much. absolutely. so coming up, a new lawsuit filed by the chief electrician on the set of "rust." what claims that he was almost struck by the bullet that killed halyna hutchins. who he says gave alec baldwin the gun with the live round inside of it which we discussed here on this program. another answer to that coming up next. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? you got it. ♪ liberty, liberty - liberty, liberty ♪ uh, i'll settle for something i can dance to. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ paul loves food. but his diabetes made food a mystery. everything felt like a "no". but then paul went from no to know. with freestyle libre 2, now he knows how food affects his glucose. and he knows when to make different choices. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us eat news for veteran homeowners. now you know. newday's refi rate is the lowest in their history. two and a quarter percent. just 2.48 apr. one call can save you thousands every year. and it's easy. there's no money out of pocket and no upfront fees. and while some banks are raising their rates, newday is holding the line for veterans. lock in your rate. >> martha: a crew member from the "rust" movie is filing a lawsuit. serge said that he was next to her and held her as she lay dying. i'll speak with his lawyer about that case. first, christina coleman joins us live in los angeles. hi, christina. >> hi, martha. in this lawsuit, the bullet that killed halyna hutchins barely missed this man. he suffered injury including severe emotional distress from this incident. he says gunpowder and other residual materials from the weapon struck the right side of his face after that deadly shot was fired. he alleged that multiple people failed to properly check the gun to make sure it didn't have live rounds including dave halls, alec baldwin and hannah gutierrez-reid. he said this was the last picture with halyna on set and that he held hutchins as she was dying. >> i cannot believe that she's no longer with us. my heart breaks. [inaudible] >> he gave a blistering account of what he said happened the day of the shooting. on facebook, he wrote yes, i was standing shoulder to shoulder with halyna did your the fatal shot that took her life and injured joel sousa. i held her in my arms. her blood was on my hands. he said the shooting was negligence and writing the negligence from the person that was supposed to check the weapon on the site did not do this. the person that had to announce that the loaded gun was on the site didn't do this. the person that should have checked the gun before bringing it to the set didn't do it. santa fe detectives are still looking at how live rounds ended up on the set and still nobody has been charged in the shooting. >> martha: joining me now, the attorney for serge. thanks for being here. this is a very tough situation for your client and devastating to lose a fred like that in a professional work environment. i'd like to play a sound bite for you. i spoke to dave hall's attorney. i asked her the question about whether or not she could confirm that dave hall was handed the loaded gun, the loaded piston to alec baldwin. here's what she said. >> i need to just nail something down here. did dave halls hand the gun to alec baldwin? a very straightforward question? did he hand the gun that was used and that killed halyna hutchins? did he hand it to alec baldwin or not? >> that's why we have not spoken out over a week. i want to make sure i got the facts right. i have received information from crew members that the armorer handed it directly to baldwin. >> martha: what do you think about that, gary? can your client shed light on exactly who handed the gun to him and who had custody of that gun all the way through the sequence of events? >> i don't know that he can specifically address the gun because he was focused on his part on the film. but all of these claims coming out so long after this tragedy, why would it taken hannah gutierrez-reid later to say that it was sabotaged. now almost a month later they say we never handed him the gun that has been stated previously extensively. i believe that's what mr. baldwin had claimed and now they have a different story. it all sounds suspect to me. >> martha: your client, he would be so important, i would imagine, to the testimony and to the investigation. because it does matter whether or not hannah gutierrez-reid picket up the gun, make sure there was a live round and whether or not dave halls did that. how much of that can your client shed light on? how much did he witness? >> i don't know that he can. i think it matters only for the criminal case. if you're trying a criminal case in that standard which is higher than the civil burden of proof, beyond a reasonable doubt versus more likely than out in, in terms of more likely than not negligence, they're all extremely negligent, careless and reckless. these gun were unattended. they were left laying in the dirt. they had live ammunition on the set. why would you ever have live rounds on a movie set? i do believe that it's incumbent on alec baldwin to check the gun. they said he had no responsibility to check because somebody said it was cold or safe. that needs to change. it's very easy to tell a dummy or fake or blank bullet from a real one if anyone looks. >> martha: there were three people that should have looked. with regard to the live rounds, there's stories about people doing shooting practice with live rounds the day before. did your client see any of that happening? >> he didn't see that happen. but being on a movie set, he had heard that that had happened. he also had been involved in hearing there were two prior accidental discharges. he was also on the set when they fired the gun and they were supposed to have a blast for a scene and it didn't go off at all. so you have them not going off when they're supposed to, going off when they're not supposed to and then a bullet in a real gun that is not supposed to be there. it was a disaster of events. mr. svetnoy at one point had to take the armorer aside here and say there's a gun here in the dirt. it's been here a long time unattended. can somebody take care of this gun and put it away? you leave guns unattended, that's when problems happen. >> martha: thank you very much, gary dodick. we hope you come back. good to have you here. >> thank you. >> martha: so the big admission just made by one of the media outlets about trump collusion reporting and is the steele dossier as this thing continues to unravel. the latest next. stick around. veteran homeowners. the newday two and a quarter refi is the lowest rate in their history. two and a quarter percent. just 2.48 apr. newday's holding the line on rates so veterans can save thousands. if you're on medicare, remember, the annual enrollment period is here. the time to choose your coverage... begins october 15th... and ends december 7th. so call unitedhealthcare... and take advantage of a wide choice of plans... including an aarp medicare advantage plan from unitedhealthcare. it can combine your hospital and doctor coverage with part d prescription drug coverage, and more, all in one simple plan... for a low monthly premium or in some areas, no plan premium at all. take advantage of $0 copays on primary care doctor visits, virtual visits and lab tests. also get $0 copays on preventive dental care, $0 copays on routine hearing exams, and free yearly eye exams. plus, free designer frames and prescription lenses. now's the time to look at unitedhealthcare's variety of plans, and let us help find the one that works best for you. ask about ppo plans, too. they let you see any doctor who accepts medicare, without a referral. and pay in-network costs, at home or traveling, when you see doctors in the unitedhealthcare medicare national network. take advantage of $0 copays and deductibles on tier 1 and mail order tier 2 prescriptions. in fact, last year our medicare advantage plan members saved an average of over $9,000. and with renew active, enjoy a free gym membership - with access to the largest gym network of any medicare advantage plan. as always, you can count on unitedhealthcare to help you get the care you need, when you need it. we can even help schedule appointments or find a specialist. enrollment ends december 7th. call unitedhealthcare or go online today. we make it easy to enroll, too. enjoy all the benefits of the only medicare advantage plans with the aarp name. take advantage now. hi, i'm debra. of thei'm from colorado.antage plans with the aarp name. i've been married to my high school sweetheart for 35 years. i'm a mother of four-- always busy. i was starting to feel a little foggy. just didn't feel like things were as sharp as i knew they once were. i heard about prevagen and then i started taking it about two years now. started noticing things a little sharper, a little clearer. i feel like it's kept me on my game. i'm able to remember things. i'd say give it a try. prevagen. healthier brain. better life. >> are you ready to start a great career? >> safelite is now hiring. >> you will love your job. >> there's room to grow... >> ...and lots of opportunities. >> so, what are you waiting for? >> apply now... >> ...and make a difference. >> singers: ♪ safelite repair, safelite replace. ♪ >> man, i love that song! >> martha: why continue to follow the durham story. "the washington post" correcting and removing large portions of two articleses act the steele dossier on former president trump. that was after the arrest of the russian source for the dossier as part of a special counselor durham's investigation. new reporting by the paper raised questions about the involvement of another man that had identified as a steele source. fox news has learned another durham indictment references president biden's national security adviser jake sullivan without naming him in those documents. alexandria hoff is live reporting on this from washington. hi, alex. >> hi, martha. jake sullivan is the first person associated with the biden white house mentioned in the special counsel's findings. he was referred to as a foreign policy with the indictment of michael susman. fox news clarified his identity. there's no indication at this point that he's a target in durham's probe. sussmann is one of two charged with lying to the fbi. the clinton campaign attorney and the other man i governor -- igor danchenko. >> thanks, alex. breaking right now, the justice department says two charges have been filed against steve bannon for failing to supply with a subpoena for the events of january 6. that's "the story" for this friday. i'll see you on "the five" coming up. see you then. >> neil: all right. thank you, martha. we're learning more about the steve bannon charges indicted by a federal grand jury on two counts of congress stemming from his failure to comply with a subpoena by the house select committee investigating the january 6 breach of the capitol. he refused to temperature. now a grand jury has indicted him for contempt of congress. we'll keep you posted on these developments as they become available. also keeping you on top of the president of the united states filly having