rating that everybody should be more concerned about right now? it did not hip stocks today. we'll tell you all about it. all right. welcome. i'm neil cavuto. let's get to it. to griff jenkins where it will all go down tomorrow. the third time we've been through this drill, different city but the same drill. explain what happens. >> third indictment in four months. good afternoon, neil. in exactly 24 hours from now, 4:00 p.m. at the court behind me, we expect the former president to make a first court appearance, possibly be arraigned. it comes after jack smith indicted him again in delivering short brief remarks that some thought were politically charged. listen. >> the attack on our nation's capitol on january 6, 2021, was an unpredented 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. >> trump is facing four counts in this indictment. you can see them here, conspiracy to defraud the united states. obstruction of official proceeding and conspiracy against rights. jonathan turley says smith has a high bar to meet in prosecuting this case. >> what if he did believe that the election was stolen? can you convict him on that belief? the answer is probably not. they have to show that he probably didn't believe any of this. that doesn't make for a very good criminal case. and i think that the best argument for his team going forward is not to relitigate whether the election was stolen, but to focus on that moment in time. >> we're learning more about the judge who will preside over this trial. you can see her here, neil. she's a 2014 obama appointee to the bench and handled since january 6 riot cases and notably delivering the harshest sentences in some of those cases. back out here, we expect to see the security preparations begin to ramp up a little bit. we think that this will probably look something similar to what we saw in june when trump was arraigned in miami at that federal courthouse over the alleged mishandling of classified documents. neil? >> neil: thanks, griff. let's go to mark meredith right now with the president in rehoboth beach, delaware. a lot of criticism that the justice department is far busiest helping out allegations against the former president and slow-moving some of these allegations that have come about with hunter biden and his business relations that might involve the present president. what is the latest? >> neil, good afternoon to you. republicans are accusing the biden administration through the justice department of creating a double standard. prosecuting some people to the fullest extent of the law and giving others a slap on the wrist. president biden has yet to weigh-in on the latest legal involvements and we also have not gotten a white house statement. he's yet to talk to the press about the congressional investigation to how his son, hunter biden, made millions of dollars overseas. monday, house lawmakers interviewed a former business partner of hunter biden who reportedly told lawmakers that hunter would put his dad, then the vice president, on the phone with those over seaseas associa. the white house says there's nothing improper happening. the white house says republicans keep promising bomb shells, but they fail to produce any. republicans are directing their outrage at merrick garland. they publicly floated the idea of impeaching him. kevin mccarthy insists there's a reason that republicans are angry. mccarthy said everybody in america can see what was going to come next. the doj's attempt to distract from the president on to trump. now, we expect to hear more from the justice department in the weeks and months ahead including from the u.s. attorney out in delaware handling the case involving the first son, hunter biden. he's agreed to talk to lawmakers but we don't know when that hearing will be scheduled. we still have the drum beat from speaker mccarthy about the impeachment case. we'll see if things change next month. >> neil: from that, we're getting mixed messages from republicans about how far they want to go. they're not quite on the same page there, are they? >> they're not. we've heard republicans from the house that have said they're worried there could be too much too fast happening here. they want to make sure that they get their ducks in a row before they go down that road. whether or not the horse has left the stable is yet to be seen. >> neil: yeah, nancy mace says it could jeopardize republicans in the next election, right? >> yeah, that next election will be here before you know it. a poll that came out in the times showed the president still with an under water approval rating and tied in a hypothetical matchup with former president trump. so you think about that. where they are right now. is there a possibility of the president benefitting politically from an impeachment inquiry, would he see a rise in the polls? that's yet to be seen. the white house making it clear they don't want to go into the realm of what will happen next, where are we going to go. the president will be focusing on the issues. yes, this week he's on vacation. next week, talking about the economy, making a swing out west. we'll likely see a different image from the white house while most of congress is on their summer break. >> neil: yeah, they have the stage to themselves is. thanks, mark meredith. let's step back and get a legal assessment with where we stand, the one involving the former president and the other the present occupant of the white house. andy mccarthy back with us and tom dupree, nicole parker, special fbi special agent. thanks to all. andy, if i can begin with you with first off what the president is likely facing tomorrow. we've gotten kind of used to this. the third time we're going through this. but this is washington d.c., different traffic rules, i understand. help us through this. what will this be like? >> because there's been an arraignment or an indictment, this is an arraignment. it's a proceeding before the court in which the former president will be asked to enter a plea to the indictment that was just filed yesterday. he will obviously enter a plea of not guilty. it will be choreographed in the sense that because of the security concerns, the secret service will have collaborated with the court personnel and the other agencies involved in the case to make sure that the former president is ushered in the court, is processed as everybody is when they get brought in to the criminal justice system. they'll bring him to court, it will be short. he will enter a plea, bail will not be an issue in this case. and what will happen is the case has been assigned to a judge. it's not clear to me whether the judge will do this proceeding tomorrow or hand it off to a magistrate judge as is pretty common. but they could very well start setting a schedule for pretrial motions and the look as early acc tomorrow. >> let's get into that a little bit. i believe you're talking about this federal district judge. she was appointed by barack obama in 2014, tom dupree. she's known to be harsh when it comes to rioters and has handed out the stiffer sentences to them. i'm wondering, knowing what you do -- i know these are random selections, like a lottery for judges chosen here. how do you think this will go? >> i think it's a very significant difference than what president trump has experienced and will experience before say judge cannon in florida. the judge is an obama appointee. she had a number of these january 6th cases before and blazed a different trail than the other federal judges in d.c. in some of these january 6 cases, she's imposed harsher sentence than the government was pushing for. she's had some involvement in the january 6 document discovery. her order opened the flood gates that allowed investigators to get ahold of trump materials. she's different from judge cannon in which she has background familiarity with the january 6th investigation and probably not going far out on a limb that she won't be as favorable to former president trump as judge cannon has been. >> if i can switch gears with you guys, concerning devin archer and his question and answer session with the house oversight committee behind closed doors. people are hoping for a transcript or some sort of exact detail of what went down there. democrats say it wasn't damning at all to hunter biden or for that matter the president. republicans just the opposite. there does seem to be this criticism you hear maybe from republicans that there's a double standard of justice going on here. what do you think? >> you know, as far as we know right now, based on what we heard without seeing the transcript, absolutely seems like there's a two tier justice system here. the things that hunter biden allegedly did in that maybe joe biden was involved with, if that was on the other side, if president trump was involved in that, there's no way that he would get away with that. it's very interesting. with this transcript coming out allegedly tomorrow, based on the patterns that we've seen, i wouldn't be surprised if there's a fourth indictment of president trump coming in friday based on the pattern that we've seen. every time there's mounding evidence against the bidens, the next day without fail, there's another count, another indictment or something against former president trump. >> andy what do you make of the significance of just getting that transcript and people at home reading it for themselves? people always see things and understand that through the prism of their biases or their own politics, so republicans will assume the worse, democrats say it's not so bad. let's move on here. so will that settle some of these issues? >> sure, it will. we get to see it for ourselves. i think, neil, that the republicans -- i'm not saying this in a partisan way because i support them more idealogically. it's a fact. they've been much better about getting these transcripts public when they don't need to be under wraps. i would contrast that to the russiangate situation where especially in the intelligence committee run by adam schiff, they would cherry pick what they took out of the stuff that went on behind closed doors that they let us see. by that way they were able to sort of fabricate a version of events. it's always much better to have the full transcript. the one other thing i would add about the two-tiered justice system that nicole was talking about, we at least have an indictment of former president trump that we'll be dealing with tomorrow. with hunter biden, we have crimes that go back to 2014. every day the statute of limitations is running because the biden justice department has not filed an indictment. >> neil: it's interesting when you step back and look at what we're learning in the pursuit of donald trump, justified or not, we're up to 78 different counts and charges over three sweeping indictments. some will say fully justified, some say overkill. i'm not smart enough to know myself. but on this it certainly can be said even in the handling of the plea bargain deal for hunter biden, it was sloppy, ill prepared and in the end unsuccessful. no guarantee right now can it be sorted out even though we're told doj is still investigating. do you have confidence that they are? >> i was just going to say, my sense is i don't have a lot of confidence that this investigation is going on. i say that for a few reasons. one, i was absolutely shocked by the way that whole plea bargain played out. these are sophisticated lawyers. it's unimaginable that would come to court with this deal, asking the judge to bless and not have reached an agreement on the most fundamental question of all, whether this agreement would insulate hunter biden from prosecution of further crimes. if i was hunter biden, i would take the deal enwithout future immunity. he's getting a favorable deal pleading out to two misdemeanors on the tax counts. i'm not quite sure what doj is up to. we're told this investigation is going on and on. it's been going on for years and we have seen very, very little when it comes to actual evidence or actual charges. >> neil: we might get a better idea on both in the next 24 to 48 hours. meantime, the debate rages on for what is the more important story. thank you all very much. i apologize for the truncated time. we're going to take a quick break here. there is another big news. the fact that the fitch rating service, which sort of weighs the quality of the debt of countries around the world, just down graded our from triple a, first time they have ever done so. it follows the likes of standard & poor's doing the exact same thing in 2011. that ding in our top credit rating at the time has stayed below aaa and now fitch investors are saying we're not confident that the american financial act is together or that both parties are keeping it together. let to a huge sell offer at the corner of wall and broad. the rating agencies are saying we don't have faith in you at all. more after this. i used to wait to run my dishwasher 'til it was super full. now— i run it daily. weekdays— weekends— you might think that's wasteful, but it's not. even half loads use 80% less water than handwashing. saving $130 on utilities. cascade. dare to dish differently. 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. (vo) verizon small business days are coming. from august 7th to the 13th. now is the time to partner with our experts. get started today with verizon business. it's your business. it's your verizon. this isn't just freight. these aren't just shipments. they're promises. promises of all shapes and sizes. each, with a time and a place they've been promised to be. a promise is everything to old dominion, because it means everything to you. ♪ hit it ♪ ♪ it takes two to make a thing go right ♪ ♪ it takes two to make it outta sight ♪ ♪ one, two, get loose now ♪ ♪ it takes two to make a... ♪ stay two nights and get a $ 50 best western gift card. book now at bestwestern.com. >> neil: son of a fitch! see what i did there? fitch is an investor service and joined s&p that did the same thing, down graded our aaa rating, which is the highest in the world. now we're at the second highest. there's no guarantee that other rating agencies might not follow in the same direction. fitch is concerned about the financial health of our country and how we deal with our finances. edward lawrence has more now. edward? >> neil, yeah, fitch down graded us to aa plus. they look at the deterioration of the economy over the next three years. they're looking at this game of economic chicken over and over and over again that the white house plays with congress over the debt ceiling. >> fitch's decision is puzzling in light of the economy strength we see in the united states. i strongly disagree with their decision and i believe it's entirely unwarranted. >> so the administration official called me and blames former president trump for a down grade saying in talks with treasury, fitch mentioned the events of january 6th at the u.s. capitol even though it's been more than 2 1/2 years since that date. republicans blame president biden's policies over 2 1/2 years. >> we're on track to have over a trillion dollars in deficits added to the debt. it's just unsustainable no wonder fitch has down graded us because we tonight have a solution in place. the republicans have a solution. the democrats want more of the same spending. they're thelma and louise driving off the cliff. pushing the gas. the american people are the ones suffering through higher inflation. >> all of this worried market watchers that are looking at the u.s. stability through the world's eyes. >> if we continue to run the country, if the government is as divided as it is and looking like something is between a third world banana republic, then i think the rest of the world is going to look at the u.s. and question what kind of reserve currency the dollar and is it a trustworthy government as far as where people park their capital. >> i've heard others say there's a growing debt bomb. as the debt increases, the bomb will go off at some point in the future. neil? >> neil: thanks, edward. mark tepper here. no longer aaa what do you think? >> as you alluded to, moody it is next to follow in line. we're in a world of hurt right now. we're talking about $32 trillion in debt, we're still running a deficit of 1.5 trillion per year. we have not run a budget surplus since 2001. we're now in a situation where this time actually is a little bit different. 50% of that $32 trillion needs to be refinanced in the next 2 1/2 years at much higher interest rates. so whenever interest expenses as a percentage of tax revenues crosses above 14%, we're knocking on the door of 14%. when it goes above the market forces austerity, that's what's happening. >> neil: fitch called us out for more. reminded me of a parent that says i can't believe you kids. you can't get your act together and resolve these crisises. you're always on the verge of shutting down and you spend, spend. they said the hell with it. we're still a haven for the world. money that comes in. we were and have been since s&p did it a dozen years ago. will that change? >> i don't think that will change in the near future. i heard shad gallani talking about i'm concerned in the longer term about the dollar losing the reserve currency status. i never lived during a period of time when the dollar wasn't the currency. we'll lose special privileges and benefits -- >> neil: and there's a cache of that. your currency is the big draw and then you're not, all bets are off. lets ask about where you see this going. the administration is touting the fact that the economic numbers are improving. we've had a dozen inflation reports that have gone down. still high. they're planning to unleash that in september when it's about the economy and economy and things picking up. what do you think? >> if i look at the different economic data points, the economy seems to be relatively healthy with the -- >> neil: you're not in the recession camp. >> i am. i was expecting it by the end of the year. >> neil: fitch said we could be looking at it by the end of the year. >> i think first or second quarter of next year. the senior officer survey which measures bank tightening standards as it relates to lending that is highly recessionary right now. if we go back to 2007, at the end of 2007, the fed was talking soft landing. they thought the housing crisis was not going to be a crisis. every data economic point was surprising to up the side except for the senior loan officers. when banks tighten credit, job losses follow. within two months in to 2008, we are now in a recession. >> neil: sometimes consumers say no more, we don't have money to play with. you're not seeing it in still packed planes and cruise ships, hotels and all of that. might be on its last spurt, you think? >> there's one thing that is underappreciated in this market. that is the fact that savings accounts are now paying a risk free 5%. so -- >> neil: that's competition for stocks there. >> martha: that equates to $20 billion a month in excess spending available to people that have accumulated savings. that's not going to help the bottom 20% of earners that don't have a lot of savings. but for the people in the top 50% who have money in money markets and savings accounts and not everything in the stock market, that is certainly a tail wind for them to spend. >> neil: and you have the full uncle sam behind them versus a market that can get volatile. >> that's not a bad deal, especially given the risk reward with stocks right now. >> neil: that's a young guy saying that. >> i think i'm middle aged now. >> neil: there you go. thank you, my middle aged friends. all right. we have more coming up, including reaction we're getting from the other presidential candidates from donald trump and the latest on the legal hassles for him but the big christian conservative, a titan, that everybody wants his support on why what he is seeing from the former president has him as determined as ever not to support the former president. et, but at fisher investments we're clearly different. 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you may pay as little as $10 per prescription. the first time your sales reached 100k with godaddy was also the first time your profits left you speechless. at the counter or on the go, save 20% with the lowest transaction fees and keep more of what you make. start saving today at godaddy.com >> neil: a major scare on capitol hill. had nothing to do with donald trump's appearance at a courthouse tomorrow. but concerns about a shooting incident today. after this. >> neil: you might have heard once or twice, big doings tomorrow for the former president. a big indictment he's facing, his third. could be crazy tomorrow. or it could be all wrapped up there. the new york republican here with us, what he makes of this. congressman, great to see you. what do you expect tomorrow? >> it's great to be with you. just a continuation of more of the same. every time the walls close in on joe biden, president trump gets indicted again. so i think this is really just a continuation of the two tiered system of justice at play. this is accomplishing nothing but trying to imprison and jail the president of the united states chief political opponent in the presidential election. i find it absurd. >> neil: you might be right about some of this stuff there. there's 78 charges altogether, congressman. they can't all be speeches, can't they? >> it's unprecedented. you've had a series -- you had an impeachment trial for one. all of these indictments that have sprouted up. it's so politically timed. this is something that we'd see in a third world banana republic where you go a tempt to jail your political opponent. >> neil: you might be right about that. i understand people see things through their party prism. a lot of the allegations are of the president's own making after the election, whether he went too far, hush money payments, mishandling classified documents, saying you would turn them in when you hadn't, hiding them, moving them around, a lot of allegations that the politics not withstanding, if any of them hold up, that is donald trump's doing, right? >> the president has a right to defend himself in a court of law. he will have plenty of opportunities to do those defenses because he will be on trial three different times in three different venues here. the timing of all of this i think is just staggering. as we get into the presidential election season, we're going to be casting ballots in a few months in this country. as he continues to rise in the polls, the indictments continue to come out. we have put forward what is very possibly the strongest case of bribery against a sitting president and their family that we've seen and we had a blockbuster witness come forward and provide deposition this very week. the next day, to take that out of the news, even though there's a pretty strong media black out outside of fox and the conservative media on the entire biden family case, we have a new series of indictments coming forward. it's very transparent. they're trying to silence the top political opponent of the president of the united states. >> neil: i guess what i'm asking you, sir and i suspect where you're coming from, with 78 different counts across three sweeping indictments, is there anything in there that if you had to advise donald trump now, you know, you shouldn't have done a lot of this stuff. >> listen, i'm not his lawyer. i'm not providing him his legal counsel. i'm sure he's working on that at this point. >> does any of this stuff that you heard, what i'm asking -- i understand, you know, is this a setup and are they trying to take him out. but does any of the stuff that he did, you know, warrant more investigation, more scrutiny? >> i think why always need as much transparency and scrutiny as possible in our sitting elected officials. we have a president of the united states embroiled in the largest allegation of bribery of any president that was sitting. we still can't get those stories placed in the newspapers -- >> neil: you're not replacing one with the other, right? both warrants attention? >> my position here is clear. we need a law that is applied evenly and fairly. you don't have to worry that the doj is going to come after you or the fbi or the irs is going to come after you -- >> neil: we get a transcript out of that hearing involving devin archer, when i'm sure you'd be here for to put to bed what he said and what he was insinuat insinuating. >> what we're putting forward are the facts based on depositions. we want to see the fair and even an case of the law, that you're treated no matter what your party affiliation, no matter what you support for president. what we're seeing is very selective prosecution. i think a lot of people have real doubts right now that this isn't the biden administration calling the shots from the oval office on president trump. >> neil: we don't know that. we'll watch it closely. congressman, thanks for taking the time. >> great to be with you. >> neil: mike emanuel has been looking at the fallout from this third indictment on the former president. not only among those running for president against him, but those who are now not afraid to challenge him. not everybody, but what is the latest, mike? >> former vice president mike pence says many republicans are angry with the biden justice department. president trump holds blame too. >> i do believe that while there's been weaponization at the justice department and we certainly lived through it through the trump-pence years, that at the end of the day, history will hold donald trump accountable for his reckless words and actions on that day. >> south carolina senator tim scott says biden's justice department continueses to hunt republicans while protecting democrats. what we see today are two different tracks of justice. one for political opponents and another for the son of the current president. florida governor ron desantis says it's important to return the government to following the constitution. >> i'm the best situated to get it done, but when you fix and you end weaponization, you also then can be able to teal with the economy. we can teal with the border. we can deal with countering china. >> three candidates have come out hard against the president. christie, hutchison and hurd. hutchison says mr. trump has not been honest with his base. >> his relationship with his supporters have been so rock solid and this undermines it's because he's misled them all along to his own benefit and to his own ego. >> a trump campaign spokesperson said president trump will not be deterred by this disgraceful and unprecedented political targeting. neil? >> neil: mike emanuel, thanks very much. as mike's reporting goes beyond candidates competing for the republican nomination, but those that will be very influential in deciding who that nominee is, including christian conservative giant, big donor, big vanderplatts who said this is troublesome. very troublesome. >> what is happening with this indictment, those for trump will be more emboldened and more solid in for their support for trump and those looking for an alternative of trump, they're looking more than ever for an alternative to trump. so i do believe the president has a self-inflicted ceiling. i think others are looking for who else could be to turn the page to that next generational leader. >> neil: that person might appear. but judging but polls and you reminded me, they're like snap shops. they don't hold. but right now it seems like the party is fine with him as a potential nominee. that could but it hasn't through three major indictments. if you look at everything here, 78 charges. what do you make of that and how his numbers go up the more the indictments and charges go up? >> like i tweeted yesterday, neil, i see a lot of blue sky in the polls. there's a sympathy for the president that they believe this department of justice weaponized against them. donald trump is a household numbers. his poll numbers will be high at this point. in 2008, if the polls were right, you would have hadgy -- guliani and then rick perry. >> neil: so someone that doesn't carry that legal baggage could win the whole thing. these polls don't bear that out and there's something bigger at play here. national frustration with the system as it is. the system is going after donald trump, never mind the fact that some of the charges here do carry certain clout here. they do register. the former president's doing, no 1 else's. so i'm wondering if he's nominated and he is the guy, there a lot of those republicans who are saying they're going to support him now just bow out on election day? is that your fear? >> you know, i really don't know. it's a risk. i think 2024 is the most important election of our lifetime. we shea that every two years. i happen to believe this time it's really true. i think the former president presents our biggest risk of losing to the democrats. i don't believe it's going to be joe biden. it's going to be michelle obama or governor newsome or somebody else. >> neil: who of those republicans -- i'm sorry to jump on you. who intrigues you the most? desantis was getting a lot of attention. maybe not as much. some of these third tier, so-called third tier candidates are rising. where are you parking your bets? >> well, we have a very competitive field right now. governor ron desantis and what he's accomplished as governor in the state of florida, which mirrors a lot of what governor reynolds has done in the state of iowa, will be a very solid candidate. i think nikki haley, the former ambassador of the united nations, vivek ramaswamy has a very compelling resume as a entrepreneur. and look at tim scott what a great story. so iowans are kicking the tires on a lot of candidates right now, again, it's august 2. when we get to november 2 and december 2, you'll see where the coalescing is taking place. >> neil: there's been talk that there was a great deal of offense take to chris christie not showing up in iowa for the lincoln day event. he burned his chances to even show well in the state because he's placing his emphasis on new hampshire. what do you make of that? >> well, first of all, i don't know if chris christie is running to be president. i think he's running to derail donald trump. i think the best place he believes he can do that is in new hampshire. iowa has never been that warm of a relationship with chris christie. i believe his whole focus is to derail donald trump and allow somebody else to emerge. >> neil: of course, chris christie is another minds set saying he is running for president. he said he's expecting to be the republican nominee for president. we'll see how that sorts out. meantime, saw what happened hahn capitol hill got a lot of people scared. in fact, there was a rush to the exits after this. ♪ ♪ we're reinventing our network... ...with smarter, more efficient routes... ...so you can deliver more value to your customers. fast. reliable. perfectly orchestrated. the united states postal service. every day, more dog people are deciding it's time for a fresh approach to pet food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. ever since i retired, i've had trouble falling asleep and staying asleep - you know, insomnia. which was making my days feel like an uphill battle. that is, until i discovered something different, quviviq - a once-nightly fda approved medication for adults with insomnia. not getting enough sleep was leaving me tired. -oh come on! but quviviq helped me get more sleep. quviviq works differently than medication you may have taken in the past. it's thought to target one of the biological causes of insomnia: overactive wake signals. and when taken every night, studies showed that sleep continued to improve over time. do not take quviviq if you have narcolepsy. don't drink alcohol while taking quviviq or drive or operate heavy machinery until you feel fully alert. quviviq may cause temporary inability to move or talk or hallucinations while falling asleep or waking up. quviviq may cause sleepiness during the day. quviviq may lead to doing activities while not fully awake that you don't remember the next day, like walking, driving and making or eating food. worsening depression, including suicidal thoughts, may occur. most common side effects are headaches and sleepiness. it's quviviq. ask your doctor if it's right for you. >> neil: all right. actually, everyone is expecting tomorrow to be the day on capitol hill when donald trump appears in a district courthouse to weigh-in on his third indictment. but the actual drama was happening today. shooting suspect that was feared, we don't know all the details. aishah hasnie was caught in the middle of this. she can update us. >> neil, i was working on a story for you. i was on the phone with a source working on the trump indictment story gathering more details to bring to you this hour when i heard commotion in the background. i was inside the russell rotunda, where you normally see me with the big columns behind me. we're on the third floor. that's where the media set up. that's where we do our live shots from. so i'm on the phone with a source. i hear a lot of commotion behind me. at first, i didn't think anything of it. you know, there's tours happening, there's families coming in. schools, classes come in. they make a lot of noise. so i thought it was something like that. all of a sudden, i turn to my left. i see hillary vaughn, who is our fox business reporter. she was preparing for a hit as well. i see her start to crouch down like almost like she's ducking. i see the other photographers doing the same thing. that's when it occurs something is wrong. i needed to get off the phone. i tell the source, i have to go, get off the phone. all of a sudden, we're getting yelled at by capitol police to go to a safe space. unfortunately because we don't have offices there, we aren't staffers with the senators. we don't know where to go. so we kind of start scattering in the rotunda and that's when capitol police start yelling at us to evacuate. they told us to evacuate down a staircase, which i think you can see in the video that i shot on my cell phone. they were postured on this staircase with their guns outpointing up at the fourth floor as if they were waiting for someone to pop up. so as we're running towards the staircase, you know, i'm certainly thinking, oh my gosh, is somebody up there. are they just going to lean over and do something. so at this point now we're scared. so we're running, racing down. you can hear in the cell phone video run faster because they're shouting, the officers are shouting run faster. we get down stairs. i don't know if they were ready for us. hillary vaughn is leading the pack. she turns the corner and there's police officers pointing guns at us. it's very scary. very scary. >> neil: was there a shooter? >> there was not apparently. so they just had a press conference. the suspect that they were looking for -- this tip came from d.c. metro police. they never found the person they're looking for. we don't know if there was a shooter. we heard all sorts of things. i've been getting texts from staffers and they keep telling me that this was -- this was really scary. it was about 200 police officers that went in to action within minutes of getting this call. so that is good news there, that they were so immediate in their reaction. these people had their guns drawn and they were pointing it at us. that is where it was terrifying just coming out. we got outside, we kind of got, you know, disorganized. suddenly i hear aishah. i hear somebody screaming. it's hillary. so i just grabbed her and we made a run for it for the bureau, which is where we are now. >> neil: glad everyone is safe. but the person yelling aishah was my producer wondering if your story was ready. i'm glad. boy, that had to be scary stuff. you were poised to take video and show it. i would have run out like don knotts. >> we got out of there fast. >> neil: the very latest on capitol hill tomorrow. nothing like this, but what we're in store for tomorrow after this. they customize your car insurance so you only pay for what you need. check it out, you could save $700 dollars just by switching. ooooh, i'll look into that. let me put a reminder on my phone. save $700 dollars. pick up dad from airport? 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>> well, first of all, let me say thanks for having me on again. as an american, it's not a good day when you have a former president now who has hit the triple crown by being indicted three times. so there should be no one celebrating this fact. obviously, if the president has done something wrong, no one is above the law and we have to let the legal process take itself out. you know, as far as whether the democrats are organizing this to try to weaken him, by the way, that's not the case. b, it's not working. his poll numbers are higher than it's ever been. he's got indictment mentum. >> you know what they're saying that democrats secretly want him to be the nominee. he's the one they believe or that's the going thought that president biden could beat. polls don't indicate that. i want to get your thoughts. >> no, look, it's good to know the other side has the confidence in us that we can organize such a thing. but look, at the end of the day, unfortunately for donald, he has, you know, done certain things that have gotten him into the eyes of the department of justice. he's going to have to deal with that on his own. >> neil: you know, they come back as well, congressman, to say not much attention paid to hunter biden or archer. even some of the comments he made to your committee. i get different reads on that. republicans say that he all but, you know, threw the president under the bus. democrats say much ado about nothing. everybody is waiting for a transcript. are we going to get that of his comments before your committee? >> well, look, this obviously just happened a couple of days ago. it has to go through the process. once it goes through the process he'll release the transcript. i expect that to come out. you know, so far, the archer thing is a lot to do about nothing which has come out. this is a guy that was hunter biden's business partner. he was there in the room. and what he said was joe biden wasn't involved. joe biden wasn't involved with the business. there's no evidence that joe biden took any money and that the stuff that was in that 1023 form which was a 7-year-old form based on double hearsay that was translated from russian that said joe biden was involved, devin archer said the information is not true. i'm not -- >> he did say the president was part of, you know, on these phone calls. we don't know the details there. i wasn't at this meeting. >> right. breaking news -- >> neil: did it concern you when you heard that? >> well, look, breaking news, the president talks to his son, right? this is a president that has buried a son, daughter and buried a wife. >> neil: he wasn't just talking to the son. he was talking to others the son was talking to, allegedly, you could be right to confirm that the dad was there. >> yeah, but look, devin archer, this is the guy that has been propped up by my colleagues in the oversight committee. devon archer says they never discussed the business, that he wasn't involved in the business. that's not hunter biden's words. >> neil: transcripts would be handy to satisfy this on both sides. are you for releasing that? >> absolutely. the transcript should be released. again if hunter biden has done something wrong, like he did on taxes and on the gun issue, he should be held to the fullest account of the law. >> neil: all right, we'll see what happens, congressman. hopefully we get that out soon and it can put all this to rest. always good seeing you. very much. >> thank you. appreciate it. >> neil: one quick peek at the corner where we had a big selloff today. don't see that very often. the big concern right now is that our triple a credit rating was dinged a little bit. that was telegraphed and kind of warned that would happen in may and sure enough, they delivered the goods. and the gist of it was this -- we don't have a financial act together. doesn't look like we will any time soon. and that triple a credit rating is now a memory. here's "the five." >> greg: i'm greg gutfeld along with jesse watters and she was barbie's stunt double, dana perino. "the five." >> greg: once again, the media wetting themselves with excitement over trump's third indictment, the orange menace getting hit with four new charges from the special counsel. this time, over questioning the outcome of the 2020 election. the case seems pretty filmsy but the talking heads claim it's worse than watergate

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