capacity. >> don't pretend that you love migrants so much and then when we send them to you don't like them. >> a massive heat wave is keeping its grip on the south this week threatening to set new record highs. >> i'm used to it but i have been out there too long. >> there relief in sight with protesters expecting august to bring more heat. [cheers] >> luther pena it. historic day in chan friday history. ♪ i'm going to need some whiskey glasses because i don't want to see the truth. we are here at the melting pot, the 91st franchise. fondue show today, correct? >> ainsley: went to dip. >> brian: going to be dipping. astro's reference not only no hitter justin verlander from the new york mets. lost a bunch of teams and probation down the team. good time for houston. >> steve: here we are doing sports. i thought you were going to say it's the melting pot. it's a lot of fondue. this show 100 percent is going to be cheesy. >> ainsley: yes, yes. >> brian: right. >> ainsley: you can get the melted cheese. you dip the bread in it. you can get the melted chocolate at the end. dip the marshmallows in it it's so good. the breaking news this morning the team is back together. >> steve: that's right, welcome back, brian. >> brian: thank you very much. >> ainsley: thank you. >> brian: no applause sign. that came from the heart. >> ainsley: how was your vacation? went with all the kids. >> brian: yes. i was in italy for 10 days. >> ainsley: did you learn any italian? >> brian: no. they don't speak -- >> ainsley: pregnant go. you eat the food, it's so good you don't gain a pound can i eat pasta and pizza everything is fresh. >> steve: that's what's going to happen with the melting pot. we will tell you about this and how perhaps you could have a melting pot in your town as a little bit. >> brian: as a country we should be a melting pot. >> ainsley: that's true we are pro-melting pot. >> steve: start this hour with a fox news alert. former president trump indicted four new charges on the special counsel's investigation into donald trump's efforts to overturn the 2020 election. >> brian: two and a half years later it's now the third criminal indictment for the former president. >> ainsley: brooke singman joins us live with all the details. >> that's right. president trump is due in federal court tomorrow to be arraigned on these new charges brought by special counsel jack smith in connection with to the investigation into january 6th and election interference. these charges include conspiracy to defraud the u.s., conspiracy to obstruct an official proceeding, obstruction of an official proceeding. and conspiracy against rights. now, yesterday, smith defended the indictment accusing trump of being responsible for january 6th by knowingly lying about the 2020 election results. listen. >> the attack on our nation's capitol on january 6th, 2021 was an unprecedented assault on the seat of american democracy. it's described in the indictment. it was fueled by lies. lies by the defendant targeted at obstructing a bedrock function of the u.s. government. >> former president is calling out the timing of the latest indictment writing, quote: why didn't they bring this ridiculous case two and a half years ago? they wanted it right in the middle of my campaign. that's why. here is president trump's attorney. listen. >> it's really an astounding document because for the first time in american history a former president is being prosecuted by a political opponent who wields the power of the criminal justice system for what he believed in. there is unprecedented. it effects not just donald trump, it effects every american who now realizes that the first amendment is under assaulted. >> yesterday's indictment includes six unnamed co-conspirator who remain under investigation for their role in former president trump's alleged attempts to overthrow the 2020 election. guys, back to you. >> steve: all right, brook, thank you very much. let's bring in here at the big plastic picnic table in front of the building elliott, former prosecutor worked in the manhattan office. good to have you today. >> good morning, thanks for having me. >> steve: what's your headline? >> he has a first amendment right to say the election is stolen. he can say it all over the country and on tv. he has a right to file lawsuit after lawsuit claiming the election is stolen. however, where he got in trouble where they assembled electors in the various states after joe biden had deny declared the winner secretary of state, having them sign the stinks we are the duly certified electors. that's where is he going to argue there is no good faith basis. where the fraud took place. if i could make analogy i can come on your show i can say i'm elon musk long lost son and entitled to inherit when he dies. i could say it's stupid. >> i hand up a document that says hey, this is elon musk's willing, i know it's not his will and i'm not his son and i say i get all his billions of dollars. i have committed fraud and grand larceny. jack smith is going to make the argument that's where they were not acting in good faith. false certificates to prepared. ask mike pence to accept those than the other certificates that's where he is going to argue. >> ainsley: is he going to argue that trump knew those were false certificates? is that the case because trump, everyone you talk to say he still believes he won the election. >> to the extent that the document depends on knowingly makes false statements. the degree donald trump is going to say knowingly. he truly believed at the time and still to this day absolutely believes that the election was stolen even in the absence of evidence even though his attorney general and some others said no, this was fair election. >> brian: so somebody in his camp saying maybe it's mark meadows maybe it's not. he seems to have disappeared. donald trump told me he knew he lost the election. going to keep pushing the envelope. so many other people say he absolutely did not believe that. and there's a lot of people in his personal life who one in particular i know appeared with him all last summer came and said at dinner, lunch, and stage he kept saying i won the 2020 election. that, to me, you can't convict on something that one friend says one and another insider says another. >> no question. to this day, if you hooked him up to a lie detector test he it would probably pass on the question do you really believe this election was unfair? do you really belief it was stolen? that will be a huge part of his deference it was not a knowingly false statement even if the prosecutors allege it was false. >> brian: can i just ask is there a legal process to getting other electors in? is that unprecedented for looking for other electors? didn't something similar happen with reuther ford b. haste and his opponent to who would eventually become president? >> they would say how would donald trump feel if after the 2024 election kamala harris say i will only take the electors that sided with us. they will say this was a dangerous path and knowingly dangerous path. i read and ainsley has it there. it's clear they do have people who told the prosecutors i told the president and these are people from the white house, the department of justice, the campaign, they all said yes. they told them he lost. got the receipt so to speak. >> brian: second part is so important, steve. he knew he lost. you can have an attorney you one thing. that doesn't mean that attorney is right or wrong. if this attorney is going to go forward yeah he told me between you and i he lost. >> steve: comes down to intent though, ultimately. >> mens rea as it we call it in the law. his intent whether he knowingly thought it was false statement. >> ainsley: this is unfavorable judge appointed by obama. >> steve: chosen at random. they spin the wheel. >> ainsley: you know he is going to appeal. this it will go to the court of appeals. if it makes it out of the court of appeals it about will go to the supreme court. >> steve: if convicted. >> ainsley: new attorney has been with him the last two weeks. john lauro was on fox last night. here's what he had to say. >> it's a terribly tragic day that we find ourselves in where political speech now has been criminalized where an existing justice department, merrick garland, has a boss, his name is joe biden. joe biden is running against donald trump and losing currently. and now we have that justice department indicting president trump for actions that he took as the executive -- as of the chief executive of the united states with respect to public policy matters. so now we have the criminalization and the weaponization of public policy and political speech by one political party 0e6r another. and it's not surprising whether it comes. it comes on the heels of unbelievable allegations against mr. biden. and his son. as well as the fact that donald trump is leading in the polls right now. >> brian: elliott, what he just said at the end, the two systems of justice. >> ainsley: two tiered. >> brian: two tiered justice system is that more than rhetoric for a guy who makes miss living in law. >> it's a great article to make in the political arena and our mutual friend trey gowdy made the argument maybe because it's going to get pushed back the real election -- the real trial is going to be the election. the real jurors are going to be the voters. >> brian: even if this election happens before the election? even if the trial happens before the election. >> i think the trial will be pushed back after the election. jack smith will have every effort to have it tried quickly but i don't think it will. >> ainsley: look at the trial calendar tomorrow is he in court. october is the trump organization civil suited. january is the e. jean carroll civil suit. pyramid and march hush money suit and may the classified mar-a-lago suit. >> right. >> ainsley: he is going to be in court in some form or fashion. >> steve: but, if he wins, he has got a lot on his plate and he is also running for president of the united states. if he wins the presidency, as soon as he becomes president, he could have the doj just throw all that stuff out. but, he cannot pardon himself in the state of georgia if they were to go ahead with a case. >> nor can the governor do it in georgia. in georgia pardons have to go through the board of pardons, board of parole. >> steve: even though he faces a lot of criminal charges, it could be ultimately, if he is convicted, georgia -- he has got georgia on his mind. >> ainsley: georgia could happen this week. i doubt it will. it could happen today. >> that definitely is definitely in the pipeline. >> brian: have you ever seen a client with more legal challenges than donald trump has right now. >> never seen it. but it's a good faith basis to ask for a delay. lawyers walk in this courtroom every day and judge i have to prepare for this other case you have to give me a long date. >> ainsley: what happens if he wins and all these cases come up, what happens? you can't try a sitting president, can you? >> i read the articles of the constitution. i don't see any limitation in it. >> brian: would you say you don't see limitation on? >> i see limitation on pardoning someone including himself as i read the text of the constitution. >> steve: ultimately what the former president has been doing since the indictment was handed up by the grand jury he is now fundraising on it and he needs the money because he has big legal bills. >> great fundraiser. >> brian: kicking everybody's as in the polls and dead heat in the "new york times." >> steve: you went to italy and picked up a cuss word. >> brian: how dare i. >> steve: elliott, thank you very much. 6:12 in new york city. >> brian: another big story as illegal immigrants resort to new york city sidewalks. bill maher has a message for new york city mayors. >> don't pretend you love migrants so much and when we send them to to you don't like them. you are full of [bleep] and we should let that. >> brian: he should let her put her feet on the floor. >> brian: hard truth for growing border crisis. >> ainsley: unbelievable if i had vo. surveillance footage capturing a smash and grab at jewelry store. the smashing amount of goods that they got away with. >> steve: that's right. and stay with us on this very special wednesday. fun do you wednesday thanks to the melting pot. >> wave up at the drone cam. morning. having triplets is... -amazing -expensive. so, we switched to the bargain detergent, but we ended up using three times as much and the clothes still weren't as clean as with tide. so we're back with tide, and the clothes are clean again. do 3x the laundry and get a tide clean. it's got to be tide. new emergen-c crystals pop and fizz when you throw them back. and who doesn't love a good throwback? [sfx: video game sound] new emergen-c crystals. throw it back. 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? ask your rheumatologist for rinvoq. and take back what's yours. learn how abbvie could help you save. with the price of just about everything inflating these days, you may wonder why mint is deflating the price of mint unlimited from $30 a month to just $15 a month. well, it's easy. we know a great price on a great product is better than one of those things. right? does big wireless really believe that these things actually work? ( ♪ ) ( ♪ ) this one will never see the light of day. all right. the all-new tempur-pedic breeze makes sleep feel cool. so, no more sweating all night... ...or blasting the air conditioning. because the tempur-breeze feels up to 10° cooler, all night long. for a limited time, save $500 on all-new tempur-breeze mattresses. we moved out of the city so our little sophie could appreciate nature. but then he got us t-mobile home internet. i was just trying to improve our signal, so some of the trees had to go. i might've taken it a step too far. (chainsaw revs) (tree crashes) (chainsaw continues) (daughter screams) let's pretend for a second that you didn't let down your entire family. what would that reality look like? well i guess i would've gotten us xfinity... and we'd have a better view. do you need mulch? what, we have a ton of mulch. ♪ i like that old time rock and roll ♪ that kind of music just sooths the soul. >> a live look at fox square this morning where we are having breakfast with friends, thanks to the melting pot. thank you so much, melting pot. but, first, we do have serious headlines to get to this morning, starting with this. the so-called doomsday mom smirking in booking photo after being hit with five life sentences for murdering her two children. valuvallow was convicted of conspiring to murder husband's ex-wife and awaiting the second trial for the murder of her estranged husband. she currently sits in high security women's prison in idaho where she will remain without the possibility of parole. the federal government's ban on incandescent light bulbs officially goes into effect today. the new rules for proposed during the obama administration prohibits companies from making or selling new incandescent bulbs. the biden white house proposed other crack downs like water heaters, washing me machines, dishwashers and washers: the less green agenda. and jason aldean try that in a small town soars to the top of the charts. making it all the way to the number one billboard. well, yesterday was a monumental day, number one on the billboard top 100 charts. a career first. that sure did backfire, didn't it? the best fans ever. the song was released in may but drew backlash after the music video debuted in mid july. billboard reports aldean's latest hit has over 30 million streams and was played on the radio nearly 9 million times. it was canceled by cmt, guys, so that is why they are saying it sure did backfire. >> steve: that's right. when you cancel something suddenly people want to take a look at it. >> carley: you don't want knee see it now i really want to see it it. >> ainsley: i love three songs. country songs. luke colmes and morgan wahlen. >> carley: we are having a moment. >> steve: fast cars. >> brian: thanks, carley, good to see you again. meanwhile tell you what is happening. sometimes stories in new york are national stories and these are one of them. overwhelming almost every major city new york first and foremost. when you saw some of the buses arrive in new york city from the overwhelmed state of texas, especially the border community, and now almost every major hotel is full with illegal immigrants. they had to unmoth ball if that's a word the roosevelt. teeming with illegal immigrants. we have nowhere else to put them. some have been traumatized, ainsley, about what they were forced to deal with on a bus. >> ainsley: we have 90,000 in the last year here in new york's five boroughs, what happened on the bus they took a trip up to buffalo. they get up to buffalo because we can't house them here. many of our hotels are full of them. so, clearly, not enough to go into this check-in center. >> brian: look at this. >> brian: sleeping on these cardboard boxes on the ground. they get to buffalo and they say you have got go back to new york city because you were not processed properly. >> steve: that goes show you how crazy it was. keep in mind, new york city is a magnet for, you know, because this is a sanctuary city, a magnet for various migrants they come to new york city because they were told they would have a place to live. they are going to get some food. they are going to get a bag of clothes and stuff like that. unfortunately, because we are so overwhelmed, they have got to ship them out of town. they thought they had a deal with some folks up in buffalo, and everybody on that bus, that 8 hours bus ride thought okay, buffalo is going to be where i'm going to live or be processed because they didn't process me in new york. they get up there and you know what in the geniuses in new york forgot to process you. that is why we are looking at this. now, we have seen migrants all over the streets of new york city for months. but this is not just an outdooren sanctuary, this is a line. those people are not budging because they are in line. and they have been in line for days because the only place to process them is inside the roosevelt. >> brian: think about this. the legal aid society of new york is threatening legal action against new york city because we promised everybody shelter. and we can't do it. we give them a best buy tv box and say get some sleep on the streets. tell the subways to drive a little bit quietedder and see if you can get some rest. >> this is a problem brought to you by this democratic administration who has given up enforcing the border. they are pointing out to the success of title 8, they say since title 8, we now know that the traffic is down at the border. but do you know what they're doing? they're allowing people to apply on an app. in the first country they step into and then they fly them into small airports in the middle of the night so the numbers aren't down, just the border crossings are down. >> ainsley: these democratic leaders in the blue states all said we are sanctuary states. everyone is welcome. gavin newsom says everyone who is homeless can come into our state. but this is what happens when you say that and that's your philosophy. then you have some mayors changing their tunes. ours here last month, said that he was going to go down to the southern border, direct people down there, discourage all of these migrants from coming to new york city. that was his plan. he was going to have a no capacity. no i vacancy sign down there to let them know they can't come to new york. bill maher said this is what you wanted. be careful what you asked for. >> it is just a good example of could everybody just stop the posturing? don't pretend that you love migrants so much and then when we send them to you you don't like them. you know? >> um-huh. >> you are full of [bleep] and we can see that. yeah. you liked them when it wasn't your problem because you are not a border state. [laughter] and then when they show up in chicago and new york, you are like what the [bleep] >> is going on? >> with these people. >> yeah. >> there has got to be a solution to this that is come tags that the. >> brian: so hard to hear that. >> steve: what's he drinking? >> brian: a lot. making so much sense keep drinking it. i was listening to jordan peterson who going to be on our show a little bit later. [siren] >> brian: i wish they would make that siren louder it's it's not going to throw me. i haven't changed you changed. i'm a lodge liberal who thinks he had a place in this country and now he is realizing the defendant has gone so far left he sounds moderate to conservative. >> ainsley: jordan or bill maher. >> brian: people say he has changed. you think he has changed. logical thing for a human being to say. i hope they vote that way. >> steve: what is going to happen in new york they are already talking about changing the sanctuary status. that would be gigantic. as new york goes so goes the rest of the country. stay tuned on that. coming up next there is going to be an election for the president of the united states. "new york times" yesterday dropped a brand new "new york times"-siena college poll that showed they asked voters, okay, are you excited about seeing joe biden nominated 20 percent said yes. 26% actually said the vice president, they were more excited about. ultimately though, when you look at the cross tab and you look at some of the other questions, what one of the other things, remember, it was just about last year that two thirds of democrats wanted somebody else to run for president. [siren] >> steve: ambulance going by. >> ainsley: say a prayer for whoever is in that ambulance. >> steve: there it goes right there. two thirds of democrats didn't want joe biden to run for re-election. now, according to siena, it's now at about 50%. democrats are warming to the idea of having joe biden be the nominee. >> ainsley: or 50% or warming to the idea of a new candidate. >> brian: 100 percent people are tired of being asked are you excited about joe biden running for president? how many times has president trump been indicted? i believe three and probably go up to four next week still in a flat fooded tie according to the "new york times" siena college poll. i know it comes down to battleground states and few thousand people in these purple states to be where he was in 2020 head to head with joe biden is astounding. should be a learned moment for people on the left who think the more you indict and criticize the more damaged trump will be. it seems to be the anti-kryptonite of his campaign. >> ultimately they can't put the toothpaste back in the tube. is he indicted on all that stuff. we are still over a year away. all these people who are here. good morning, everybody. nice to have you, thank you very much. melting pot has set up a location here in new york. [applause] ] >> steve: we are going to talk to some of the folk here. what's your name? >> mike. >> steve: why are you pointing to him. >> i'm not allowed to say anything. >> what's your name. >> daniel. >> can you say stuff? >> yes, i can. >> what do you think of the state of the race right now 2024, a year away. joe biden, donald trump in a tie? does that make sense to you. >> it makes perfect sense when we talk about trump having all these indictments, it really doesn't matter when you see what is happening with, hunter biden, the biden family and whatnot and so it's really just a race between two criminals. it's the race is not about the economy or anything like that. just about who is the less corrupt of the two. >> steve: thank you very much. welcome back. >> how are you. >> steve: saw you last time we had a fake restaurant in front. do you think -- you know, had they are at a tie right now trump and biden. do you think people would like to have other choices ultimately or are you happy with that head-to-head matchup? >> i mean i'm personally happy with the head-to-head matchup. i think you may see some democrats start to sour on biden and that's why you are seeing gavin newsom waiting in the wings in the white house. and there is a primary on the republican side but according to the recent polls, trump still has the major support. >> steve: sure. have you touched your fondue yet? >> not yet. >> steve: good is this actual wine? >> no, it's apple juice. >> steve: what's your name? >> john. >> what do you think what we have been talking about this morning? >> i think i would like to see new faces head the republican party. >> steve: like who? >> someone younger fresh ideas. >> steve: what's young? >> you know like desantis. i think trump he did what he is supposed to did four years. it is what it is but i think, you know, we need younger people as a young person i would like to see new ideas, new person in there. >> steve: okay. very good. round of applause for the three people who were able to talk and the one guy who could not. by the way ainsley and brian because we have got the fondue restaurant here. all of today's contestants are armed with the fondue stick. >> ainsley: a little pitch fork. >> ainsley: show them how it works, look at that, it's so good. >> brian: what will they come up with next? >> ainsley: very complicated, brian. >> steve: that's delicious, very good. >> brian: well, steve digest, i will tell what you is next. back to the top story. charged this time january 6th. nypd inspector and attorney paul mauro, he unpacked it all comma, next, exclamation point. come on in, paul, great to see you. >> ainsley: hey, paul ♪ walk away wi ♪ you know how ♪ . with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here... ...may put you in one of those... ...or even worse. too much? that's the point. get real about your risks and do something about it. talk to your health care provider about ways to lower your risk of stroke, heart attack, or death. learn more at getrealaboutdiabetes.com ♪ limu emu & doug ♪ what do we always say, son? liberty mutual customizes your car insurance... so you only pay for what you need. 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. ♪ ♪ believe it or not baby... at university of phoenix... you... you... you... you could earn your... master's... for under than 11 thousand! 11... yes! 11! master's degree for under 11k in less than a year. some things are too obvious to be a coincidence. earn your competency-based master's at university of phoenix. before... and bath fitter. now's the time to call bath fitter to get a beautiful “after.” with our unique tub over tub process, there's no mess or stress. bath fitter. it just fits. visit bathfitter.com to book your free consultation. which hotel? oh! did somebody say "which hotel"? i'm great at this. dance to your faves in the spa-like bathroom. ( ♪ ) or enjoy local craft beers with breathtaking views at the cambria. book direct at choicehotels.com. i've always had trouble falling asleep and staying asleep— you know, insomnia. but then i found quviviq, an fda-approved medication for adults with insomnia. and i'm glad i found it. you wouldn't believe some of the things people suggested to help me sleep. nature sounds? ahh, no thanks. my friend's white-noise idea. nope. and i'm not counting sheep. not on the... carpet. insomnia can impact both my days and my nights. so i know how important a good night's sleep is. that's why i take quviviq nightly. maybe i should tell them how it works, taye? quviviq works differently than medications 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 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. ♪ ♪ ♪ >> steve: 6:35 here in new york city and a fox news alert. former president donald trump indicted yesterday on four charges stemming from special counsel jack smith's investigation into election interference and january 6th. it's just one of the multiple cases trump faces into his business and political activities. what is turning out to be unprecedented campaign courtroom calendar like nothing anybody has ever seen. joining us right now is retired new york city police department inspector paul more worry. paul, good morning to you. >> good morning. >> steve: paul was with us on the phone last week when we had the crane collapse and he was providing eyewitness testimony. it was good to be out there there with you. thank you. >> thank you. >> steve: six other co-conspirator getting charge are they going it get charged. >> unclear. in a case like you this will need good witnesses. malleable. kind of a bloby indictment for lack of a better term to put real meat on this bone you will need people that can come forward and say i saw this. he said. this and it's got to be backed up. in a situation like this where they very clearly have intent problem, you are always going to be facing the fact what was in donald trump's mind. what's the mens rea, that's the big hump to get over here. that's why as you and i were talking about, i have never seen an indictment that relies so heavily, exclusively on attempts on conspiracy. let's remember what a conspiracy is. you don't even have to commit the crime to have conspiracy it. means two people ac agree to cot a crime. you don't have to get to the thing actually happening. when you see a lot of that happening in the indictment, you got say to yourself is there is a lot of meat on this bone here? if you read the indictment, it doesn't seem to be. >> when you read the indictment, it sounds like a lot of people spilled the beans on the former president about what was going on behind the scenes. they have got sounds like somebody from the white house. they got people from the department of justice. they got people from different state houses saying, you lost. but, to your point, the president -- you know, it's -- they are going do to have to prove what the president thought. >> right. >> if he was told, that's one thing but did he really believe it? i read something yesterday that it sounds like he may throw his attorneys, at that point, under the bus because it's like, look, i really believed it because i heard from these people i had, you know, it was stolen from me. >> you know, it goes to how novel the entire theory of this case is and how sort of they are really breaking the mold. if you look at it, one of the things they did in this case they went, they collected the phones of donald trump's attorneys. the attorneys that you are talking about. so that, by definition, means jack smith's team had access to all of the quote, unquote, privileged communications. >> steve: right. >> that are supposed to go on real sang toe sang aspect of our legal system really breaking the mold with this case. it's never like i have ever seen. >> steve: we have never seen anything like. this we have never seen anything like this. let's just be frank. is this really where you want to start making novel law in the lead-up to an election that is a dead heat, that really this went on two and a half years ago. why now? >> steve: sure. the department of justice has rules though when you are really close to an election, the last election two and a half years ago, the next one is still over a year away. so they are in that window and that's probably why they are doing it right now. >> okay. >> steve: paul, thank you very much. >> thank you. >> steve: it is about 20 minutes before the top of the hour. carley, you have got some headlines. >> carley: i certainly do. starting out in california surveillance footage catching a brazen smash and grab robbery at southern california jewelry store. watch this. [glass shattering] >> carley: three masked suspects getting away with nearly $900,000 in merchandise, if you can believe it. police say two customers and several employees were inside the store at the time of the robbery but thankfully, no one was hurt. and the price of an uber ride even stunningth company's ceo. a journalist says he recently spent 52 bucks to travel just three miles in new york city when he told the company's ceo he responded oh my god, wow, the uber head blames the cost on surge pricing. uber costs have reportedly increased four times the rate of inflation from 2018 to 2022. that costs a lot of money to go a little bit of space, steve. over to you. >> steve: i read about this. and the ceo said, you know, it's 10:00 in the morning. why is it so hot and it's not raining. >> carley: it is new york city. a lot of traffic so that comes into play. >> steve: you never know. thank you, carley. carp car you are very welcome. >> steve: hunter biden loved for his last name? i thinks so according to email from business partner. plus top gun takes flight into corporate skies with a new approach to team building. jimmy failla enters the danger zone. that maverick here at the melting potted live from fox square in new york city. say cheese ♪ i just want to bang on the ♪ i just want to bang on the drum all dayar ♪te five years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting get checked for tuberculosis. an increased risk of infection, some serious and a lowered ability to fight them may occur. tell your doctor about an infection or symptoms or if you had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reaction may occur. best move i've ever made. ask your dermatologist about cosentyx®. lowe's knows a style refresh is even more refreshing ...when it's at the right price. that's why, we've we pull our favorite looks together in-store and in in the app. so it is easy to get the look you want for less. you got this. we got you. they say seeing is believing, but with stearns & foster® that's only part of the story. we handcraft every stearns & foster® using the finest materials, like indulgent memory foam, and ultra-conforming intellicoils®, for a beautiful mattress, and indescribable comfort... every single night. stearns & foster® what comfort should be. for a limited time, bring home incredible comfort with $400 in savings on select mattresses. learn more at stearnsandfoster.com. ♪ (upbeat music) ♪ ( ♪ ) woah. ( ♪ ) ( ♪ ) ( ♪ ) ( ♪ ) constant contact delivers the marketing tools your small business needs to keep up, excel, and grow. constant contact. helping the small stand tall. scout is protected by simparica trio, and he's in it to win it. simparica trio is the first and only chew with triple protection. oh, fleas and ticks ♪ intestinal worms... wow heartworm disease, no problem with simarica trio. this drug class has been associated with neurologic adverse reactions including seizures. use with caution in dogs with a history of these disorders. for winning protection. go with simparica trio. ♪ i was lost ♪ but then i woke up in love [applause] >> brian: jimmy failla said i thought we were lost but now we're in love. weird to be honest. a live look at the fox square as you just saw. having breakfast with friends thanks to melting pot. 90 great locations across the country. today this is 91. >> yes. >> brian: newly released emails between hunter biden and ex-business partner and maybe exfriend dearge. are dearge. everything to we both do our news on fox nation. >> true story. >> brian: admitting the only reason they have deals and he is my friend is my last name. what else too you need? >> of course. we are here today at the melting pot. but anyone who believes the bidens at this point has been smoking pot. let's be clear. the level of lie we have been told because you understand, of course, we don't need devon archer's testimony to let us know china loves him because his name because there would be no other reason to love him. he doesn't have a degree in energy. he majored in cocaine and hookers. no one was sitting around in the board room saying we need this guy to jump start our business. nter was the conduit through which they purchased joe. we know that we can debate the levels of involvement. what we can't debate is how much we have been lied to. this started out as the laptop is fake. didn't talk to my kid. now it's sorry the laptop is real talk to the kid but i didn't talk to his business partners to now i was just on the phone with them talking about the weather. you can't talk to joe about the weather. hey, joe, sunny. sonny? i loved him in the godfather. >> brian: that's true you could do the whole thing like the godfather. how are you doing? i want to tell you i support everything my son is doing. i want you to know it's great to know you will give some time. i like the fact that you are giving my is on the time of day. that's an indication of wink and a nod. >> he is cosigning. again, if you make 20 phone calls as a guy who is not involved. how many calls does the guy who is involved have to make? >> brian: absolutely. >> think about it. >> brian: let's go to some coverage now, it's lengthy of other networks who are so interested in the story about the sitting president who is sitting at the beach right now. abc 1:20. nbc 1:20. three and a half minutes for cbs. how could a sitting interest get so little interest had when something seems to point so directly to him involving china, a moscow mayor, sanctions it leveled in russia after the invasion of ukraine. my goodness, this is policy. >> thank you, you know what you say in politics where there is smoke, elizabeth warren is trying to send a signal, the point is stick with me. >> brian: this side loves you. they kind of like. >> feed them. early in the morning. shame on the media. >> this is the shame shutout they tried to give the laptop. they just tried to make it go away. but the truth is we have more evidence right now on biden corruption than anything we held the country hostage with for russian collusion for three years. this is embarrassing almost a dereliction of duty. >> brian: how about this? companies trying to build a sense of team work as they come back to work. maverick was a success coming out of the pandemic and helped safe the movie industry. how do you save them both. $100,000 to have the maverick experience to build team work. >> this sound like some executive got caught putting flight school on the company card no, it's training. i swear that's what we were doing. i do actually like it. i think it's necessary. do you know why? in a post pandemic world people got so used to working at home. you need them to snrap out of it. this flight school, training exercise makes them more assertive and teaches them to put on pants again which a lot have not done it in a while. >> brian: google it if you forget and tear away pants is another option. jimmy, this is my problem, 49, 45. i don't have a clock here. >> you are already over. >> brian: steve doocy he would be here giving me signals. brian kilmeade a floor manager for you. at all times it over to janice dean. >> jimmy: my girl janice dean in the house, everybody. >> janice: i love you both. i missed you, brian. both of have you been on the janice dean podcast which you download at your favorite podcast location. by the way, let's take a look at the weather. the weather is spectacular, isn't it? i know. 64 right now. sunny skies. low humidity, wonderful for the hair. 64 right now in new york and across the great lakes and the midwest. we have got cooler temperatures but it's still very warm across the south, including the southwest, phoenix, you're going to be above 110 degrees again this week. and the heat alerts continue across the mississippi river valley. that's not budging. that area of high pressure remains intact and then around the area of high pressure is where we have the potential for showers and thunderstorms, heavy rainfall causing flash flooding right now for areas over the ohio river valley, the tennessee valley as well as the mid south and the appalachians. we are going to watch that the rest of the day's forecast, flash 234r50d threat will be in existence for wednesday, thursday and friday and fox weather.com will have all of your latest details. brian, over to you, my friend. >> brian: all right. so i tossed it to you. i can trust to you toss it back. that is trust within the community. yes. we don't need the maverick training. meanwhile, coming up straight ahead psychologist and author really smart guy dr. jordan peterson here live for a very long time. first, an american hero injured in iraq, getting a big surprise at last night's yankee game. a representative from the yanks that the organization that made it happen joins us next. ♪ ♪ somedays, i cover up because of my moderate to severe plaque psoriasis. now i feel free to bare my skin, thanks to skyrizi. ♪(uplifting music)♪ ♪nothing is everything♪ i'm celebrating my clearer skin... my way. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. in another study, most people had 90% clearer skin, even at 5 years. and skyrizi is just 4 doses a year, after 2 starter doses. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine, or plan to. thanks to clearer skin with skyrizi - this is my moment. there's nothing on my skin and that means everything! ♪nothing is everything♪ now's the time. ask your doctor about skyrizi, the #1 dermatologist-prescribed biologic in psoriasis. learn how abbvie could help you save. let innovation refunds help with your erc tax refund so you can improve your business however you see fit. rosie used part of her refund to build an outdoor patio. clink! dr. marshall used part of his refund to give his practice a facelift. emily used part of her refund to buy... i run a wax museum. let innovation refunds help you get started on your erc tax refund. stop waiting. go to innovationrefunds.com you really got the brows. ♪ country road ♪ take me home ♪ to the place. >> ainsley: live look at the fox square where we are having breakfast with our friends thanks to the melting pot. if you haven't been to that restaurant, you have to take the kids. it's such a fun experience. you dip everything. you start with the cheese and bread and fruits and go to the meat and desserts melted chocolate. it's so fun. an american hero that was injured in iraq getting a very big surprise at last night's yankees game. u.s. army veteran pete sowrnld gifted a grand brand new track chair all courtesy of the independence fund provided nearly 2700 vets with these track chairs. joining us now is the program manager nick armen dare reds. great to see you. >> thanks for having me. >> someone who has fought for our country and injured because of the sacrifices what was his response? >> is he obviously very grateful allows him getting mobility back traversing his house in the mountains. obviously in shock and awe. it was a great experience. >> why did you choose pete. >> pete, he is actually -- he was on our waitlist he was chosen by some of the generous donors and friends that we have with sean mat son and matlock and fast forward about a year we got the call that everything was going good and the yankees are going to have us here. that was obviously a great, great thing to be able to share with the team and pete and getting him out here. >> what did the crowd do, go wild. >> they did. it was a good game last night and he enjoyed it and the crowd went crazy. got to go around the whole baseball field and it was just an experience he said i live in the mountains of south georgia it will help me navigate the extreme tore rain of my property and near my home. >> what do the track chairs do? >> they offer them a chance of really regaining that sense of independence and mobility back. being able to traverse some of the terrain in georgia and mountains in georgia from other veterans that we have had that we have given them to. now get out on the beach and get out there with their family and go out on trails and hikes with their children. brings a whole nother level back to that kind of independence and whole mental state. getting them out there and getting them back reintegrated with their family and all of that. >> ainsley: how do they transport them to the beach or the mountains? >> so hopefully some of them are lucky enough to live next to the beach ideally. the rest of them they can pull via trailer, there is it hitch mounts on the back, multiple methods getting them out where you want them to go. i know there is a lot of national parks that keep them on standby or veterans or disabled folks to use while they are going out and use using the facilities. >> ainsley: i know a lot of people want to donate money because i'm sure these track chairs are expensive if you need one can you go on the website or donate on the website what is the website www www.ends fun.org janes. >> ainsley: how much do they cost? >> right now they run about between 16 to $24,000 per chair, depending on the level that you want. and the model that you want and everything that you require. >> ainsley: nick, thanks for working for this company and our great soldiers. all right, nick, the second hour of "fox & friends" starts right now. conspiring. >> every american should be disturbed with the indictments for th