devon archer describes in great detail what he calls the biden brand and how it was used. details on those 20 plus phone calls, speaker phone calls now. president biden was on speakerphone four. and in the interview, republican congressman andy biggs asked archer, when you say biden family, you are talking about joe biden? archer responds, "yeah, that is fair to say. i don't think about it joe directly but that is fair." that routes the most value to the brand. hunter biden used his data as "defensive leverage for foreign business partners" pure democratic santa missed the sayg he was talking about the weathes key, archer says they were to talk about the weather. and that was signaling them to be powerful. goldman then asked, "this was about to protecting the allusion to access to his father, is that right?" archer says, "that is correct." >> i understand the democrats have to play defense and pretend they don't understand it. but to any normal person, this story is not complicated. you had a guy no skills, no professional ability making money in kazakhstan, romania, russia, and china. now if his name had been hunter smith, it would not have made a dime. the fact is he was playing off of his father. and we now know despite joe biden's lies, that, in fact, biden was part of the game. >> harris: in "the faulkner focus" "the focus," leo terrell fox news contributor with team coverage with griff jenkins standing by with former president's court appearance that happens later today 4:00 p.m. eastern. we start with senior congressional correspondent chad pergram, chad. >> harris good morning to 140 page document from monday interview and the transcript former hunter biden business associate devon archer said hunter wanted to use his powerful name to help catch business. hunter biden aimed to sell the brand of the biden family. archer said that hunter would never directly say his father would be used for business, but his father added value to hunter biden. archer told house investigators "this would send the right signals for ukrainian and burisma who faced prosecution." archer said the implication the bidens on board with intimidate from prosecuting burisma. democrats believed to standards of justice especially on a day like today. >> you look at the indictments and it is after hunter deal implodes and devon archer gives his testimony. every time something happens, then they come back at trump. >> they were all spoke to mike also questions about them vice president biden attended cafe milano in washington, d.c., and the wife of moscow's mayor was there and unfolded just after the white wire $3.5 million to hunter biden's business associates. democrats still contend there is no wrongdoing. >> there is not a shred of evidence of a single conflict of interest of president biden ever doing anything in connection or in relation to hunter biden's business ventures. >> here is what is next. the oversight committee should release more bank records next week and watch to see if this transcript increases calls for an impeachment. harris. >> harris: chad pergram, thank you. more breaking news, several donald trump's calendar including one for today. he is scheduled to appear in person in washington, d.c., federal court. it is slated as an initial appearance, but an arraignment and plea are likely. and someone's questions about the obama appointed judge presiding over the case, texas senator ted cruz has questions. >> she has a reputation for being far left, even by d.c. district court standards. in terms of the judge, we can anticipate a judge was going to be relentlessly hostile to donald trump, who is going to bend over backwards for the biden doj, and who is going to make ruling after ruling after ruling against trump. >> harris: griff jenkins of the u.s. district court in washington, d.c., griff. >> hey, harris, good morning, here we go a matter of hours where we see the president in the courthouse outside of the securities timing. but the judge, tanya chutkan who made the first court appearance but instead, he will go before a magistrate judge just for this one today. if there is indeed, and arraignment. we expect the former president will plead not guilty, but already, harris, he is worried about whether he can get a fair trial taking last night to his true social writing this, "the latest fake k to my case by joe biden and check smith with impartial venue such as politically state by state of west virginia. impossible to get a fair trial in washington, d.c. "now trump faces four felonies in the indictment. three conspiracy, one for obstruction and one man at the center of the case a political rival of trump and that is mike pence, former vice president blasting his former boss and pressured him to refuse certified election results. watch. >> it wasn't just that he asked for a pause. the president specifically asked me and his gaggle of crackpot lawyers asked me to literally reject votes, which would have resulted in the issue being turned over to the house of representatives. and literally, chaos would have ensued. >> now, there are also six coconspirators listed but not named in this indictment. an attorney though for johnny's men who advised trump says he believes his client may be one of them. >> eastman advice was perfectly within the realm of good-faith legal advice. if he is charged, he is going to trial and if convicted, he will appeal. we will never, ever make a deal. >> now we wait to see what happens and similar to what we saw in miami back in june meant trump arraigned on mishandling of classified documents, harris appearance point thank you very much. we will get into a former president trumps indictment and just a minute but we will start with devon archer's transcript where i start at the top of the hour and focused now with perspective and expertise on that. leo terrell attorney and fox news contributor. all right, leo, i don't know how much of the 137 pages you have read through so far that it is extremely lightly redacted. i will guess black spaces are people's names that don't want to be claimed but we can't read underneath it. your first take on what you read. >> i think it proves one undisputed fact, harris. joe biden lied to the american people. more importantly, the biden brand -- let's make sure we understand that -- the biden brand is joe biden. hunter biden carries no leverage at all. he uses and exploits joe biden's names. and joe biden is fully aware of the burisma business dealing. that is very important. archer makes it very clear that by joe biden, hunter biden leaned on the burisma board, hunter biden, they get intimidation. legal intimidation! and no elected official in this country should be doing foreign business with foreign companies. that is what joe biden was involved with, harris. that is what i took away. >> harris: what is at stake if one of those deals goes south? >> if one of those deals -- what i believe if one of those deals goes south is the fact that joe biden exposed his involvement in the business dealings. and that is what we are going to find out with the bank reports and the deposits from the bank reports. the key here is this: joe biden would be exposed to a greater extent. this is what the house republicans want to find out. >> harris: i mean that is my number one question because when i read through and see words like intimidation, that sort of thing, grand peddling, then i wonder, what kind of backstop is your dad if you jump to miss the target? your last quick thought. >> very basic is simply this: joe biden represented the power of the united states government. joe biden in that position was the second most powerful man on the planet. the matter of the fact that he made that phone call and the mere fact joe biden didn't get what he want on that burisma board he had the leverage of joe biden using our government to exercise that type of influence. >> harris: all right, we will move to this. former president's latest indictment sum up ed's special counsel jack smith. one cold dangerous criminal dissent and former u.s. assistant charged trump with the january 6 riots but wants to use it as judicial and smith hopes to push the case to trial in time for the crucial stretch run of the 2024 campaign. to infuse the electorate with capitol riot imagery as they cast their votes turning a criminal trial into one, long biden campaign act, leo. >> harris i will be as clear as possible with 20 years of law, this is not a political indictment. this is not a legal indictment but a political indictment. if i was on the trump team right now, i would file a motion to dismiss. harris, i read that indictment and four corners at that indictment there is no criminal charge unless you allege speech as a crime. and it will tell you right now, that is what the biden administration, excuse me that is what the trump team should do is to file a motion to dismiss it and get this case out of the hands of the assistant judge and up to the pull of court. eventually the united states supreme court. >> harris: all right and want to bring this impure legal analyst and panelist pointing to two-tiered system of justice with the justice department's and length of hunter biden say for example president trump era terrel seuss at a baltimore police commissioner and he actually spent time in prison on tax charges nearly identical to hunter biden's. he was prosecuted by leo, the same person who cut hunter the sweetheart deal. the one judge blew up last week. here is a he is from today. >> i went through that storm in my life. this is the way the criminal justice system is supposed to be. and again, i have to say i wanted to own up and take accountability for what i did. this is the way the justice system is supposed to be designed. it should be, everyone should be accountable first and foremost. the same standard as me or someone else that unfortunately had to go through this. >> harris: but brand biden was not going to let that happen with it interview with hunter biden's business partner pre-rigged when you compare the cases, the texas $600,785. more than 2 million unpaid taxes for hunter biden. sweetheart deal for him, prison time for darrell de sousa. >> the only way that he could have guided the hunter biden deal is if de sousa, darrell, harris the fact that you laid out makes the american people understand it appear that hunteg preferential treatment. we talked about this before appear that is a sweetheart deal. and that paragraph plea deal was to give him complete immunity, to block him from being sued for anything, criminally charged. i will tell you right now, everyone who supports donald trump sees the double standard. the weaponization of the department of justice and the fbi basically is taking place right now under the biden administration. harris, they don't care. look what happened today, transfer of devon archer and president trump is going to be indicted today on the same day. they are trying to deflect the attention away from biden in order to focus on trump. strictly politically, strictly to stop him from running for office. >> harris: well met, you talk about the people who support trump here or there may be people that can't see what is going on here is a two-tiered system. maybe some of them are independents. we don't know. leo terrell, thank you. it could be 2016 all over again. that is the warning reportedly coming from former president barack obama to president joe biden! why obama says democrats are underestimating former president trump. haven't they always? trump's former vice president facing some big challenges. he still has not qualified for the first republican debate. >> i think anybody who doesn't make the stage really has to reconsider's gnomic staying in the race. >> seven candidates are making the cut right now and double of that are running. just in time for the g.o.p. field to shrink down. our political panel next. stop waiting. go to innovationrefunds.com you really got the brows. it's true, though - you won't overpay for glasses if you shop at america's best. they offer two pairs and a free, quality eye exam starting at just $79.95. the exam alone is worth at least 59 bucks. i can see from your expression that you find that shocking. and you're actually speechless. ...aaaaaaaaand, you don't have ears. two pairs and a free exam for just $79.95. book an exam today at americasbest.com. it's true, though - you won't overpay for glasses if you shop at america's best. febreze! hi. i keep my home fresh with febreze fade defy plug. and i use this. febreze has a microchip to digitally control how much scent is released so it doesn't fade. ooh. does mine have a microchip? ...oh. febreze smells first-day fresh for 50 days. that is a shockingly long time. febreze also has a refill reminder light... it even reminds you to refill it? so i never miss a day of freshness. your home is so fresh! upgrade to febreze plug. >> harris: former president barack obama has a warning for president biting according to "the washington post." obama had a private lunch with biden in june where "obama voiced concerns about donald trump's political stripes to make strikes a loyal following" a conservative media ecosystem and polarized country underlying his worry trump could be more formidable candidate for many democrats realize." "vanity fair" summed it up with this headline, barack obama is also scared that donald trump could win another term. congresswoman claudia tenney of new york said this. >> president obama really has at stake in joe biden staying there. many people thinks he is the guy behind the scenes. let joe go, let him get out of this thing by saving face. >> harris: pechman biden announced his candidacy in april, obama tweeted, "support, let's get to work!" the latest new york polls, new york time poll has them in a dead heat. mollie hemingway is a fox news contributor and chief of the federals, mark penn a former clinton advisor rand paul expert. great to see you both. malia will start with you, obama has gone from let's get to work to let's freak out, why? >> i think it is a reasonable thing to be concerned about even in the 2020 election was remarkably close coming down to about 40,000 votes across three states and that was during a campaign where he couldn't be out running a campaign because of covid up you are the media sorts of stories about the biden handling business now coming to light. you didn't have the actual track record of what was happening in a fentanyl gnomic biden presidency which a lot of americans feel not anywhere where they want to be economically in terms of foreign policy, in terms of crime, the southern border and all sorts of issues. but obama is right to be concerned. >> harris: mark, do you think obama is right to be concerned your perspective on the left side of the aisle? if so, what would you do to turn things around? >> will, there is no question this race right now is a toss-up at best. some pillows like mine showed trump a couple of points ahead and another a couple points behind in "new york times" that even. the problem president biden has is trump's in the low 40s and his rating on inflation is about 35%. so, what does president president biden need with a toss-up? a better economy. clearly that is the number one issue. it is the number one deficit that biden has. he has about to move somewhere more to the center to get moderate voters. look at that huge undecided in the race come even though both candidates are universally known says a lot of voters don't know which one they would choose in this case. but the economy it is big issue. he really has to fix it. he has a chance a year from now that the economy will be better and inflation lowered. >> harris: you know what i always admire about you, you have such transparency about the issues. and the polling experts, you get the numbers have been around for so long. but they are more than just stubborn. my question for you just to put this back on you, mark, why can't other democrats see that? >> look, i think the party is rattling around joe biden. you see his numbers going up. >> harris: that is because he won't sit down. >> they are all in on biden, too. i don't think there is any question about that. but they are also realistic. that is why they went out with bidenomics and defending everything going on with devon archer and others. that is why they are trying to push their agenda forward to. >> harris: interesting. >> i don't think they are sitting around. >> harris: they are not but he is. oh, my goodness, 364 days, including today he has been out of the office and loves to go to the beach. i like the beach too. okay, mark your calendars the first debate is 20 days away and former vice president mike pence has still not made the cut. he said he is confident he will be on the stage. >> i think it will be the next week to ten days we will have that support. we have been averaging a thousand contributions a day. we are stronger, frankly over the weekend. >> harris: former president trump is qualified but still not committed to showing up. governor to santos striving in the polls and ben yesterday, he sounded confident. >> i don't think anyone is running on our side with much political success as me and we will continue to be successful in the campaign. >> harris: mollie. >> even if former mike pence on the debate stage, he has some trouble here. i think the real clear politics polling has him at fourth and falling in iowa. i think he's in sixth and in new hampshire seventh or eighth. and falling and not resonating with the republican voter. it is interesting because he is a former vice president of a popular administration. he's got to be asking questions about whether this is really in his or anyone's interest to run pure and people who love him and are close to him should be talking to him about whether this makes sense for him to be running. >> harris: just real quickly, what are the problems for him that you see, mollie? >> to make >> you so after two imprisoned the top republican by jack smith in joe biden's apartment of justice, vice president biden actually came out and defended the action. that is not where republican voters are pure they are very unified in their concern about the weaponization of our intelligence agencies and law enforcement agencies about two standards of justice and the complete -- they are literally trying to imprison former president donald trump. if you can't speak out against that, you are really not going to go far in the republican primary. >> harris: you know what i'm looking at this and mark, the fs hit the poll right here for the first debate on fox and he said he doesn't have the donor support. he is rocking about a thousand. so what does that mean that voters have on their minds? they don't want to part with their cash? >> welcome it means that he doesn't really have the kind of grassroots level support that he would really -- look if you get an opportunity to be vice president for four years and you don't have a real base of republican party, his kenneth to see at this point is on obvious life support. and it doesn't realistically have the kind of base he should have been able to build up but didn't so look, i think when i look at the numbers here, this move is really incredible putting him in there with desantis and scott as the candidates realistic constituents at this point. >> harris: all right, unfortunately, i have to let you go. thank you very much. good to see you. but first republican debate will be here on fox news hosted by our own bret baier and martha maccallum live from milwaukee, wisconsin. so gorgeous in the summer there. just a few weeks away, august 23rd. pop your corn. former president donald trump's legal woes all but blocking out what has been a bad week for president biden. from his son's own legal drama to the nation's credit downgrade to a massive surge of legal crossings at the southern border. all of it gone. and speaking of biden, he's been this week, part of a ten day vacation he says. if you are thinking he's spending a lot of time out of d.c., you are not wrong. the study number of days he's been in office versus the number of days he likes the lawn chair on the beach, ben domenech in "the focus" next.ee ♪t. ♪ and still climbing. even car and truck loans can be 15%. but newday's rates are a fraction of that. the newday 100 va cash out loan lets you use the equity in your home to pay off high rate credit cards and car loans. and you can save $500 a month. that's $6,000 a year. after switching to the farmer's dog we noticed so many improvements in remi's health. his allergies were going away and he just had amazing energy. it looks like nutritious food, and it is. i'm investing in my dog's health and happiness. get started at longlivedogs.com hi, i'm jason. i've lost 228 pounds on golo. so when my doctor told me i needed weight loss surgery, i knew i had to make a change. golo's helped me transition to a healthier, sustainable lifestyle. i'm so surprised just how crazy my metabolism has fired up. i have a trust in golo 'cause i know it works. golo isn't like every other program out there, and i'm living proof of it. 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axios said that it was a cover for this week's very awful bad news for the white house. it was nearly simultaneous with the indictment being found. nearly simultaneous with the fitch downgrading the u.s. credit rating which sent stock markets tanking. i was before new reports border officials are again seeing a rising and the border crossings after a little pure at all of that going on and of course, you add in the archer testimony coming just before that indictment and out the release of the transcript. according to conservative media center, the broadcast spent have any minutes on trump's on trump's third indictment and 8 minutes digesting monday's testimony from hunter biden's former business partner devon archer. jason chaffetz said it is time is time. speak with the contortions, the liberal left tries to say, there is no evidence. they were his voice mails, eyewitness accounts and there are emails. evidently audio recordings peer there is a flowing of millions of dollars. those people are not journalists. they are not being honest. they are not laying it out there. it is so fundamentally wrong. >> harris: so where is joe biden this week? chilling like a villain at delaware on the beach. account by the daily wire puts biden at 364 days away from the white house and that is nearly 40% of this in term of 125 days. ben domenech fox news contributor and editor of the large spectator. right off the top the left will argue as all presidents do, they have their off time and he's working. what is your take on that? >> you know, harris, my take is the same when i had when we were talking about how often president obama would go golfing, which is i would rather have presidents who are better at their jobs not being president and wants to take a vacation for the rest of his tenure in office, i'm 100% fine with that. he wouldn't be doing things like violating our constitution were brave essentially anyone who has a student want to vote for him. instead, he would be chilling on the beach, probably not aware he is president of the united states at this stage. look, you laid out quite well there the fact that so much of this effort, so much of the legal attacks on the former president have coincided with really bad leaks for the current president. and i think that people, whether you think that is a coincidence or not, i would just point out this is the thing that democrats want to run on here they are making a decision as the department of justice and within the white house, a political decision to go after the former president in ways i find to be very chilling. that i think are a concern for anybody who cares about the rule of law. and the misuse of our taxpayer funds and our resources to go after a political foe. but at the same time i think it is a decision they are making because they believe they can beat donald trump. they believe that the map will work out in their favor and that joe biden would prefer to go up against him next fall as opposed to other candidates. that is a big leap. it is something that i think is very risky for them. just as president obama was sagging in your last segment with a meeting in june, donald trump support is very loyal. what is going to have a lot of people who are very excited potentially to return to the kind of policies they saw under his administration previously after four years under one that frankly i think has not lived up lived up to. it is dangerous to go down this road. >> harris: i don't know if you heard my conversation with mark penn, i mean, he is a democrat, but he sees right through what you are talking about here at mollie hemingway. the question i had with regard to obama is, then who would it be? he's young enough to look across the spectrum and say if it's not joe, let's pick the next person. he is certainly strong enough to do that. are they listening to somebody like an obama question rick >> president obama was the number one factor in joe biden winning the nomination last go around i, i was in south carolina where tl went out for the obama's to get out of the race and clear the lanes with pete buttigieg getting out. then obviously, i think it played a significant role to select kamala harris, which has turned out to be an enormous mistake politically. one that i think virtually every smart democrat regrets her being chosen for vice president. but now i think obama is concerned about his legacy come about the future of the party. i think he's looking around and sort of sating joe we have to get better at this and you have to get better fast. you have to be on top of things and sending less of civility but otherwise things can go sideways in a big way. >> harris: i don't know if you get better fast if you spent 364 days out of the office. i don't know how that works. >> fair enough, harris. >> harris: third national institutes of health announced a replacement for dr. fauci. some critics claim she could be worse! the nih says dr. janine marrazzo will start in the fall here and she is an accomplished infectious disease doctor -- well that would help -- and researcher but her comments during the pandemic raising some concerns. she has been accused of misrepresenting the covid mortality rate. she also pushed for mask wearing during the schools despite the face coverings to hamper education. it did, and as recently as november, she said she continues to avoid shaking hands whenever possible because of covid. she also has come under fire for jumping on the theory that covid had a natural origin. >> i'm going to bring out my props and i'm sure you know what this is spirit that is only interesting. bats have a lot of coronavirus and you disturb the animals home and go into the force, truck might chop trees down and bring those animals home as pets where they don't want to be pets we can get exposed to those types f viruses. >> harris: oh, my goodness! she had props and they were stopped. [laughter] >> look, i don't know that you can actually be worse than anthony fauci. i think that would be a high order for anybody to achieve how much he botched every aspect of this and then worked to hide the truth from people who were asking too many questions. at the same time, this is an indictment of our institutions of public health in america. we need to have confidence in these leaders. we need to have a belief and faith and trust in them so that when they come out and say something, we can understand those announcements. and not from what they like politically. i think, unfortunately, we are headed down that same road again. we need a real reset of the public health institutions. after the experience with covid we need to go from the ground up and say, what works and what doesn't? unfortunately, i don't think that is what we get without massive pressure from congress. i think there were some members who are very focused on this and will continue to have two exercise that kind of pressure. we need a lot of ground to make in order for people to do anything. >> harris: it didn't do any resetting that you talked about. ben domenech, thank you. country music star craig morgan shocking fans who were expecting a routine concert. instead, they got this patriotic surprise. >> i am craig morgan and i do solemnly swear to support and defend. to support and defend the constitution of the united states of america. >> to support the constitution of the united states of america. >> harris: marsha blackburn helped him reenlist with the army reserves at 59 in "the focus" next. ♪ ♪ ♪ ♪ >> harris: country music star and army ephedrine craig morgan had a special treat for his fans this weekend. [applause] ♪ ♪ >> harris: after performing many of his hits, more can on his military uniform and reenlisted in the u.s. army reserves at age 59. >> i will obey the orders. ffor the president of the united states. >> of the president of the president of the united states." officers appointed over me. >> according to the regulations. speak with the uniform code of justice. speak with the uniform code of military justice. >> so help me god's appearance because so me god. [cheers and applause] >> harris: he previously served for 17 years including nearly a decade of active duty. right now, craig morgan joining me with senator marsha blackburn to allow craig to reenlist. they are in "the focus." thank you both for being here and thank you, greg for a second time for your service. how did it feel to go through that ceremony at 59? >> it was very exciting. i have a lot more experience now that i have been. [laughs] a lot to look forward to but i was honored, humble and grateful for this opportunity and my hopes are i can inspire others to do the same. >> harris: that is, indeed, staff sergeant before but now i understand you are an officer attached to the u.s. recruitment effort. it is needed now more than ever, senator i was reading this morning "the wall street journal" reports the army is expected at the end of the year 15,000 recruits short of its goal. the recent poll says confidence in the military hitting a 20 year low. just 60% of americans have a great deal of confidence in the military. the last time it was lower than that was back in 1988. senator -- >> it is such a concern and craig and i were visiting a year ago about this issue and about what he could do to help with morale in the army and help with recruitment and help young people to realize you can go in the army. you can be all that you can be. it is so exciting to know that he is going to be out there traveling, speaking, entertaining, and to link this to talk about the goodness of this great country and to talk about why it is so important to put others before yourself. >> harris: craig, tell me about that message you want to take to young people to get them to follow in your footsteps. they love the country but now they have to take the leap of living that patriotism. >> well, i've been a firm believer all my life put your money where your mouth is, do -- if you like our country, if you love her country whatsoever, there is no greater way to do that than to serve. whether you agree or disagree with administration or certain things going on in the world, there was nothing like the opportunity and relationships, the leadership training. all of the access afforded you by serving in the military. and i just want to do everything that i can to encourage many men and women and that is the great thing about the army reserves. you can be a doctor, lawyer or any other occupation and still serve your country one week a month or two weeks out of the year and be there in the event the primary army, the primary active duty deployed as citizens, we can stand in for them when they are gone. or maybe even support them over there if the case arises. >> harris: talk to me about the physicality of this. you may only be in there a few weeks a year but you have to be in there 365. how hard is it at 59? you look fabulous and so do you, senator. how hard is it to go through the rigors of reenlisting? >> it is not hard. listen, i'm fascinated by some of the remarks people make and at 59 it is just biology and you compare 49 but i challenge 3540-year-old to come and hang with me. >> harris: all right. >> come be all you can be and i'm not saying that in a derogatory but in a motivational spin. i want you to say and in the army affords you an opportunity and no other way you can. again, so many opportunities. i feel great. i'm in better shape now than when i was when i got out of the army. that is the god's honest truth and i pay attention to my health and a lot of attention to my health, spiritual well-being. and i would encourage everyone to try to do the same to serve their country while doing that. >> harris: we will have you both back. i do want to say this, you will also be working with the u.s. army band. they get a two for with you. senator and craig, thank you so very much. god bless you both and thank you for your service. 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