never been in before to watch someone run for president, nonetheless a former president facing several indictments and several court dates during the process leading up to the election. >> mike: to that point, martha, you had the republican candidates on your program, his former vice president mike pence on yesterday. what about the challenge for the other candidates to stay on message, get on message, whatever you want to call it, when the former president is constantly the story? >> martha: it's rough, obviously. these campaigns all are raising money, they are, you know, putting ads out there, trying to make their mark, trying to break through, which you know, has been -- they are basically in a pretty tight heat in the polls and the 10% to 6% range, some at 3% in the top, and those are the top candidates. the former president is more than 37 points ahead of his nearest competitor who is ron desantis, supposed to come on to the scene and make a big splash. but i think even the former president, although he i'm sure would rather not be dealing with any of this, he knows that to be in the news, to be in focus, and to be making his case in this situation he feels he's wrongly accused, all of this keeps him absolutely in the limelight. it's earned media, every single day, and that's got to be hugely frustrating to the people who want to run against him. >> gillian: staying on the campaign trail for a moment, on the other side of the aisle you have president biden who was facing accusations from republicans and investigations from -- by republicans that he is involved in, directly involved in his son hunter biden's foreign business dealings, new evidence coming to light this week with the public release of hunter biden's plea deal that fell through, testimony from devon archer's deposition. it's not as if the other side has a get out of jail free card moving forward through the course of the primary. >> martha: so to speak. >> gillian: pun intended, you know. >> martha: that's what i'm referring to. we have all the issues, right. china, ukraine, you have questions of the future of the country, questions about the validity and the credibility of our most secret institutions when you look at these situations from the doj and raise questions about what's going on, why is there constantly kind of a charge against the former president, days after you see all of this information leaking about hunter biden, joe biden and all of it. i think that it's fair to say that every piece of evidence that has come out recently draws the current president more closely into an understanding that his son was involved in these business deals. i think we now -- often it's clear there could be an fara investigation into hunter biden as i mentioned before, the documents case is still open with the special counsel, a separate special counsel investigating what the vice president was doing with those documents. he acquired some of those documents when he was a senator, you are not allowed to take them out of those secure environments what you are a senator and i think there is a lot of people who look at all of this and they are so frustrated, they want to see situations treated equally, they don't want t see things pushed to the back burner, watched with great interest the irs testimony of two long time irs officials who nobody really wants to be a whistleblower, it's not a great situation to be in, you know, you get threatened and it can be difficult to live in your house when you make accus accusations but they came forward and said i never saw anything like this. why is the case on the back burner. deeply unsettling issues for the american people. one thing i would say having covered many of these at this point in my career, when you are in the summer before the election year, things almost never look the same when you get into the heat of the actual election period. so i don't know what the change dynamic is. my bet is there will be one, so i will tell everybody to stay tuned. >> mike: martha, fascinating as always, see you in about 55 minutes for "the story." top of the hour, we have been watching donald trump where he will head to washington to face charges on the january 6th investigation. special counsel jack smith secured a second federal indictment against the former president charging him with four felony counts. good afternoon, i am mike emmanuel here in washington. gillian, great to be with you. >> gillian: great to be with you, mike. sandra and john are both off today. this is "america reports". the former president is going to appear in court in about two hours. trump's legal team is blasting the charges he faces attack on free speech, and claiming his actions are protected by the first amendment or should be. >> mike: jonathan turley noting last hour it's not a slam dunk case for jack smith. >> the government's going to face very strong constitutional head winds going into this case. there are legitimate free speech concerns raised by these charges. >> mike: florida republican congressman byron donalds is here to react. >> gillian: first griff jenkins at the federal district court here in washington. what can you tell us? >> well, hey, good afternoon, gillian. as we wait for the former president to get here, we wanted to give you a little lay of the land of where we are. we are just out front of the courthouse along constitution where it meets pennsylvania, overshadowing this case, special counsel jack smith tries to tie the former president to the events of january 6th. you can see how close it is to the u.s. capitol and in the near vicinity, federal protective police, the u.s. marshals along here. take a whack, though, it will show you, it's a pretty subdued situation out here. much less of a circus than we saw in june when former president trump was arraigned on the alleged mishandling of classified documents in miami but yet you can see a small handful of trump supporters and anti-trump folks have turned out. they are showing their signs and their flags, a few people have been spirited debating with one another, but really one of the big parts of this story is how much media you can see here. we'll take you to this level and get a long look down at the media, it's just sat truck after sat truck after sat truck, mixed in with the media, you can see a couple -- back over here, there are a few trump supporters here as well at the courthouse there obviously, this will be an arraignment. we expect the former president to plead not guilty. >> gillian: griff jenkins, we will come back to you as the news warrants. thanks very much. >> mike: florida republican congressman byron donalds. welcome. >> good to be with you. >> mike: congressman, have you spoken with president trump since this latest indictment and if so, what are you hearing from him? >> so actually we have not talked, i sent him a text message about something slightly different. i mean, look, the president is a fighter. he's not going to stand for this and no american should because what this is from jack smith is a complete violation of an individual's first amendment rights. you are allowed to speak about elections and the outcomes, even if big media and the radical left don't like it. you are allowed to say it. secondarily, because he was the candidate in that election, he's allowed to use all means possible legally speaking to try to find a way to fight the outcome. he's allowed to do that. nobody can take that away from you. especially some rogue knuckle head prosecutor out of the department of justice. >> mike: to the hunter biden probe, devon archer transcript was released earlier today. archer, a former business associate of hunter biden, he says that the president, the current president was on the phone 20 times over ten years with hunter biden business associates. what stands out to you from this devon archer transcript? >> the fact that hunter biden was so comfortable calling daddy into all of his business meetings speaks volumes. if you are trying to show that you have influence with foreign leaders and foreign businesses, how do you demonstrate that? let me pick up the phone and call pops and pops answers on cue. it doesn't mean there was not more, also joe biden and hunter biden according to archer they took every day. hunter biden was the bag man. they did set up an influence peddling scheme, pay for play scheme. set up 20 accounts in this web of corruption where you couldn't trace the money. hunter biden was evading taxes, concealing all this was going on why, why, they didn't want the american public to know the biden family was selling influence. in my view, impeachment inquiry should be starting immediately. >> mike: plenty of conversation with devon archer about the brand being the biden brand and not just some washington connection. what about that? >> what is the brand? the brand is hey, i have access to joe, and joe right now is vice president of the united states. he was a long-term senator, let's go back to the whatsapp text message whereby the way, the irs whistleblowers were denied by the department of justice trying to get location data for that text message. because hunter biden says i'm sitting next to my dad and we are looking for our money, never going to forget. i'm paraphrasing. something hunter biden has said. to me the elements of this corruption are clear. >> mike: congressman, we have to run. thank you for your time. >> gillian: a live look at los angeles, a press conference underway regarding the two u.s. sailors arrested and charged with spying for china. listen. >> federal detention. the indictment that we unsealed this morning alleges a scheme that began two years ago and continued through this past may. petty officer chau agreed to transmit and did in fact send sensitive u.s. military information to the intelligence officer working for the peoples republic of china. he transmitted this information in exchange for payments that totalled approximately $15,000. as alleged in the indictment, in response to requests from the intelligence officer, he used encrypted communications. the information included details regarding various aspects of the u.s. navy operational security and activity. among other things, charges that he transmitted operational plans for a large scale military exercise in indo-pacific region, specific location and timing of naval force movement, landings, maritime operations and logistical support. in addition, we charge that mr. zau took photographs of electrical diagrams and blueprints for a radar system located at a u.s. military base in okinawa, japan. and also allege he transmitted details about the navy's operational security, including photographs and videos of the interior of naval bases located at ventura, and st. clemente island, used for testing military equipment and operations. mr. zau was based out of the u.s. naval base in ventura county. by sending the sensitive military information to an intelligence officer employed by a hostile foreign state, mr. zau betrayed his sacred oath to defend our country and uphold the constitution. in short, he chose a path of corruption and in doing so he sold out his colleagues at the u.s. navy, the vast majority of whom as we know serve every day with honor, courage and conviction. the case against mr. zau is part of a larger national strategy to combat criminal efforts to steal our sensitive military information. one more example of the people republic of china's ongoing and brazen campaign to target u.s. officials with access to sensitive military secrets. there's nothing more important to the department of justice than protecting our nation's security and my offers will continue to pursue, investigate and prosecute anyone entrusted with sensitive military information and violating the trust by giving it to the adversaries. thank the people responsible for the investigation, fbi field office, counter intelligence and cyber division which led the investigation. also give special mention to the navy criminal investigative service, ncis, for invaluable partnership and collaboration in uncovering this grave misconduct. and finally, acknowledge and thank the attorneys in my office, assistant united states attorneys responsible for investigation and process cushion, anna martin salei, christine row, kathleen, and sarah. thank you so much. >> as you just heard, a federal grand jury in san diego has indicted a united states navy sayfull sailor, arrested by fbi and ncis agents around 5:25 a.m. a naturalized u.s. citizen indicted on espionage charges. accused of betraying his newly adopted country by stealing national defense information and selling it to his chinese spy master. under section 74 to our knowledge has never been charged in this district and until today only charged five times in the last six years across the country. statute reserved for the most serious circumstances involving the passage of national defense information intended to harm the united states for the benefit of a foreign power. the fact we have charged it in this case is a reflection of the seriousness of the conduct. amphibious assault ship that resembled a small aircraft carrier. when deployed, 1,000 sailors and 1500 marines along with fighting equipment, jets, hover crafts, armored vehicles and helicopters. ships are a crucial part of america's readiness to combat threats around the world. our indictment alleges that wai was approached while his application to be a citizen was pending. he admitted he knew it would be viewed as spying and could affect the pending citizenship application. rather than report the contact, which he was trained to do, he chose instead to hide it. whether it was greed or some other reason, wai allegedly chose to turn his back on his newly adopted country and enter a conspiracy with his chinese handler. our indictment alleges that over the course of more than a year and on a multiple occasions, wai sent national defense information to china, including documents, photos, videos and technical manuals. in exchange, paid him thousands of dollars. officer even congratulated him when he became a u.s. citizen in may of 2022. throughout this relationship, wai provided his chinese handler with information regarding defense and weapons capabilities of u.s. navy ships, potential vulnerabilities of the ships, and information related to ship movement. the unauthorized disclosure of this national defense information could place the national security of the united states and the safety of fellow navy sailors in jeopardy. according to our indictment, he provided china with photographs of military hardware, including guns, vehicles and planes. delivered information about u.s. marines involved in an upcoming maritime warfare exercise and sold scores of technical and mechanical manuals related to the operation and power structures of amphibious assault ships. some of the manuals contained critical technology by the u.s. navy. he was only given access because of his status as a u.s. navy sailor. san diego indeed has a storied history with the united states navy. we have the home port of the u.s. pacific fleet surface navy with more than 50 u.s. navy ships based here. naval base san diego is critically important to u.s. security. that's why this conduct is personal for san diego. and we will not stand for it. while this crime is exceptionally distressing, it is worth noting the exemplary work by the fbi and ncis and our partners in los angeles and these cases. they were able to detect, investigate and gather sufficient evidence to charge wai with espionage, conspiracy to submit espionage and violating u.s. export law. our team did so in a short amount of time despite efforts by the defendant and his conspirator to hide their involvement. highly technical, highly difficult cases which require investigative savvy, technical know how antenna -- and tenacity. the fact they were able to trace it to an intelligence officer from the peoples republic of china is remarkable. we have entrusted our military with tremendous responsibility and great faith. our nation's safety and security are in their hands. when a soldier or sailor chooses cash over country and hands over national defense information in an ultimate act of betrayal, we have to be ready to act and that's exactly what we have done here. thank you. >> gillian: we have been listening to a press briefing in san diego where two u.s. attorneys are laying out charges against two sailors charged with stealing sensitive military secrets and attempting to share them with china, one is indicted on stealing the information unla unlawfully. both men stand accused of jeopardizing national security and u.s. military. >> mike: andy, we know the chinese are famous for trying to steal technology and make it their own, not so bright in terms of creating the new technology. how alarming is this case from a national security perspective and i'm sure you are going to praise the good work of the folks who cracked the case. >> i think it's extraordinarily serious. what you worry about, mike, is we know they're pushing on every t technological thing in our society. military secrets and personnel and weapons systems and military plans and the like, that's more immediately serious than anything. and i think that's why obviously the fbi and the justice department moved on this. they have invoked a statute that actually carries the death penalty if it's a situation the intelligence they have handed over to the chinese allegedly, if it identified any potential american agents or undercovers. it couldn't be a more serious offense. and i do want to praise them for doing that because of the seriousness of it. and i don't really want to get too political, but i think it's important to note that during the trump administration, because of the china threat, there was a sort of whole of government approach to this which worried not only about what the chinese were doing with our military, but also in private industry and especially in academia, and the biden administration shut down a lot of that. i'm happy to see that they are on their toes with respect to this case and this military threat but i think it should be a wake-up call for everyone that this is not just a military problem, it's an all of society problem. they are pushing on every point to steal technology. >> gillian: despite the sort of especially offensive nature of this case, andy, i do appreciate as a nonlawyer that it's still incredibly complex and difficult to bring charges like this and make sure that a grand -- you can't make sure a grand jury does anything, but to present a case in such a way the grand jury feels compelled to indict suspects. how long would you guess the fbi and the justice department were tracking these individuals and were building this legal framework behind the scenes before taking action? >> so, here is why this is hard to say, gillian. and i think you'll appreciate this more than most. these kinds of investigations are two-edged swords. on the one hand, you have this tremendous threat to national security by virtue of the sensitive information and handing it over to a hostile regime. on the other hand, if you are on to them, you can let it play out for a bit and you learn a lot about what the other side is doing. so there's always the tug in these cases have we reached the moment in time where whatever intelligence we can exploit from allow this investigation to go on has either run its course or we are now at a point where we just have to pounce because otherwise we are going to lose defendants or lose precious intelligence. going forward it's hard to try these cases. the defense typically says in these trials that they need to, you know, show more government secrets to the jury in order to mount their defense and that becomes a very dicey process, a lot of complexity going forward. investigative case is complicated in terms of figuring out the right moment to take a case like this down. >> gillian: andy, thanks for being flexible with the breaking news. appreciate it. >> sure, thanks. >> mike: gillian, a growing number of lawmakers are concerned about chinese government linked entities purchasing large tracts of u.s. farmland across the country. the air force has launched an investigation into who was behind a major land purchase near travis air force base in california. aishah hasnie is live on capitol hill. this is a bipartisan issue for lawmakers. >> hey, mike, absolutely. and i will tell you that nobody on capitol hill will be surprised that what the u.s. attorney in california just announced, every lawmaker here, democrat, republican, acutely aware of how actively the chinese are trying to steal not only our technology, but take our land and that is why both sides of the aisle here want to know who is funding this investment group called flannery associates. they have spent $800 million to buy up more than 50,000 acres of land around travis air force base. that's just north of san francisco. in fact right now, flannery is suing a bunch of ranchers out there over their land. now, lawyers for this group tell the wall street journal the majority of its investors are based here in the u.s. but congressman who represents this district says federal authorities just cannot figure out who these investors are and he wants to know if this is china money. >> they have simply been gob bling up the land in this area for what purpose. we can't figure it out. we have no idea where the $900 million has come from to buy the land, offered 5 to 10 times the normal value. >> he has plenty of cause for concern here. you'll remember when chinese-owned group paid $2.3 million to buy property around an air force base in north dakota. the town shut down the plans to build a corn mill. and they have introduced a bill to give the committee on foreign investment jurisdiction over real estate transactions from entities controlled by foreign adversaries. >> this incident we had in north dakota lacked the authority review the chinese company proposal for the $700 million facility near the grand forks air force base, that's una unacceptable. >> and in iowa, a roundtable on agriculture tech theft. they are afraid the chinese might be trying to take our technology when it comes to farming. mike. l>> mike: very serious manner. aishah, thanks very much. portland doctor slamming the city after she became the latest victim of an unprovoked attack. security footage on the right, a homeless man throw a metal water bottle at mary and a friend, knocking her unconscious. and leaving her face covered in blood. constanttino says it took police 20 minutes to respond to the call and by that time she had gone home. she's not blaming the officers for what happened. >> as we were walking down the street, i got hit and knocked do the underground and unconscious. the water bottle was hurled and hit hard. i do not hold the police accountable for this at all, i hold our city accountable for defunding the police. we are in the situation we don't have enough police force to protect our citizens. >> mike: the suspect is still on the loose. attack comes as the city of portland deals with a major drug and homeless crisis. >> gillian: this scene is one of the latest so-called teen mobs to let loose in chicago over the weekend. 40 teens there were arrested on sunday night after a large group broke out fighting, then eventually stormed and looted a 7/11 in the south loop neighborhood. the mayor there, brandon johnson, held a press conference, somewhat of rarity for him, he urged chicagoans to avoid calling them mobs. interesting strategy. brian kilmeade, take a listen to this sound of the mayor in the aftermath of that mob attack. >> that's not appropriate, we are not talking about mob actions, i didn't say that. it's important that we speak of these dynamics in an appropriate way. this is not to take -- we have to be careful when we use the language to describe certain behavior. history in the city. to refer to children as like baby al capones is not appropriate. >> gillian: kind of surprising to hear him choose that, what do you say, brian? >> at least people got arrested. when he first got hit with the mob, the first weekend he had the job, he talked about children and we have to understand they need summer jobs and need some other things to do, which is bizarre, especially because obviously no one he knew was being attacked. that is a mob and not -- if you are italian and you talk about al capone, but he was in the mob and ran the mob. we are not saying it's an organized mob, we are saying it's a group of people creating havoc in the middle of the street. the least thing you should worry about is a three letter word called mob. the question is, what is it good these youth and they are not children, they are teens to their 20s, that feels as though they are empowered to go destroy a business, multiple businesses, knowing that there is cameras around, knowing people have their phones, knowing they are going to get caught, because there is no hell to pay. now they seem to have a mayor that's going to go to bat for them to understand them because he says history in the city. now i don't know the history of chicago and i do know this. a lot of the kids are more than likely from broken homes. a lot of them needs things to do. more likely to be recruited by a gang than they are recruited by a corporate entity or by an elite high school or college, i understand it. you don't want to add to their woes. you do want to get in there and give them opportunities to do other things. but right now, you need action. those retailers can't have hearts and have to worry about what kind of family home they are from. these people need some semblance of law and order and although they come out with stats that say crime is down, the fact that they feel impervious to do that, the cops are under manned and under supported, to be honest, i didn't know if you were talking about portland or new york, philadelphia, and now looking at chicago. the same story, just different people. >> gillian: to your point about the crime levels, brian, the chicago p.d. released some new stats earlier today that found murder and homicide are down, that's good news for the city. but what's not good news is they also report about 60% of all carjackings happening in the city and there are a lot of them over the last year were perpetrated by teens, just like the ones shown on screen in the mob there. >> i just find it stunning that the people of chicago, the people of new york, the people of philadelphia, los angeles, san francisco, keep electing people that basically tell you we are not supporting the police. i mean, this brandon johnson basically ran against the police and the other guy was pro police but yet both democrats and they told him hit the street, we want the other guy. so i say to the people of chicago, this is what you get. people of new york city, this is what happens when you put people in office that think cops are the bad guys and the bad guys need to be understood. so, this is the story. totally correctable. it is all fixable. but this is something that phil and i talked about the first story he had was portland. phil knight said not that i'm republican but the democrat is ruining the city of portland, i grew nike to be this large international conglomerate and did it from portland. you ruined the city. we need somebody else. but yet the elections come up, give it another try. unless the people rise up and support the policing we are going to see more and more of this. unless people crack down to beat fares on subway and destroy 7/11, we will see more happening and the businesses move out and the people move out, too, with the tax base. >> gillian: brian, thanks for taking time with us today. we know we are looking forward to catching you on one nation where i know you talk a lot about crime. thanks for sharing. appreciate it. >> thank you. >> gillian: give my best to mike. >> talk to us on your way back, mr. president? >> probably not. >> mike: president biden dodging press questions while biking on vacation in delaware, back here in washington, d.c., multiple investigations into his family's foreign business dealings are heating up, thanks to a newly released transcript from his son's business partner. rich is live in rehobeth beach, delaware, just how much did hunter pocket from those foreign deals? >> good afternoon, mike. appears to be in the millions, trying to piece it together. a lot is coming from congressional investigations and the plea agreement, the now scrapped plea agreement hunter biden had agreed to with prosecutors. in 2017, this is according to that plea deal, it says just under a million bucks from a company he formed in the ceo of a chinese business conglomerate, approximately 664,000 from a chinese infrastructure investment company, 500 grand in director's fees from a ukrainian energy company, $70,000 relating to a romanian business, on top of nearly $50,000 from a multi-national law firm, republicans say they are going to keep on top of this. >> well look, what we are going to do about it, continue investigating hunter biden and joe biden and the biden family syndicate more and more evidence is coming every single day. >> president biden is on vacation right here at the beach in rehobeth, delaware on his bike ride nearby this morning. reporters asked if he would answer some questions, rode by and said probably not. the white house maintained joe biden never considered being involve in business with his family, nor in overseas business whatsoever and the democrats say there is no evidence linking joe biden with his son's business. and they say they should drop the stunts and work on lowering costs, jobs, and strengthen healthcare. the plea agreement is now reached, with tax and gun charges. the judge had some problems in that. so right now prosecutors and hunter's legal team are trying to figure out if they can reach another one. >> rich, thanks very much. >> mike: former president trump heading for his third arraignment, and newly released transcript, sarah bedford, welcome. >> thanks for having me. >> as you combed through the devon archer transcript released today, what is striking and most damaging in your view? >> democrats are trying to spin it as exoneration of joe biden, because devon archer did not witness any conversations he said contained substantive business discussions. but think about how far adrift we are right now from i never discussed business with my son. the line that joe biden ran for president on. now we know that hunter biden was selling access to his father, he was essentially selling to foreign companies, some of them from adversarial countries, the ability to get the vice president on the phone at any time, and that is really, really a far stretch from i never discussed business dealings with my father. the democrats and the white house have been moving the goal post little by little for months now, so now it's that joe biden was not in business with his son. from devon archer's testimony we see joe biden was the business of his son. that's what hunter biden was selling and foreign companies were willing to pay a lot of money for that. >> gillian: one thing the transcript revealed archer saying multiple times, the president's son was selling the illusion of access to the then vice president, right. how that sort of holds up in the eyes of the law is yet to be seen, the plea deal has fallen through pt but certainly in the eyes of the public, public opinion, voters, it matters a great deal that hunter biden was selling that, whether he was ultimately successful in getting the access that he wanted, providing the lobbying services he wanted to provide, this is his strategy. >> i mean, joe biden jumping on to conference calls with his business partners 20 times isn't really an illusion, right. going to meetings at four seasons in washington, d.c., various restaurants, writing college recommendations for the daughters of chinese businessmen putting millions of dollars into hunter biden's fund. that's more than just illusion. and i don't think the conversations that devon archer overheard needed to be substantive to be unethical and to be evidence that joe biden misled the american public, lied on the debate stage, for example, and again, i think it's worth noting that devon archer's testimony was really narrowly limited. his attorney said that hunter biden's attorney, biden family attorney weighed in on what sorts of questions could be asked and there were several times when hunter biden's business partners and foreign business deals came up where lawmakers were told you are not allowed to ask about that. so, this is not i think a definitive text but key context. >> mike: sorry we have to shut it short because of breaking news but great to interest your analysis. >> gillian: the search for a missing american mother and her daughter in haiti continues. more details on their fate. >> law enforcement in minnesota releasing footage of a deadly shooting. how the community is reacting next. >> gillian: the searching for a new hampshire nurse and her young daughter in haiti is growing more urgent by the hour. they were kidnapped last week from the island nation. molly line joins with breaking details. hi, molly. >> hi, gillian. christian humanitarian organization where alix d dorsainvil worked, we continue to hold out hope. we are so thankful for the very knowledgeable and experienced professionals god has brought together to complete the task of securing their freedom. jerry straub knows the risk he faces, from port-au-prince. >> in january, the gangs attempted to kidnap me, but i travel with a policemen, an armed policemen wearing a bulletproof vest and a machine gun and he spotted the car. anything can happen anywhere in the city and none of it good. >> straub evaded capture and he and his team are working to build a school on-site. abductions and ransoms are an epidemic, but the gangs also create chaos. >> they are blocking, you know, goods and services coming in, fuel, food, but they sporadically hit inside the city. the violence itself is extremely brutal. >> describing the situation as still precarious, u.s. authorities are giving few details about their co-efforts with haitian authorities to bring her and her daughter to safety, offering no confirmation of the reported $1 million ransom demand. gillian. >> gillian: molly line, thank you. mike. >> get out of the car now. [bleep] [bleep]. >> mike: minnesota troopers tried to take a man into custody before shooting him death monday night. the death of ricky cobb, ii, sparking protests and prompting the minnesota state patrol to place the three troopers involved on administrative leave. hello, mike. >> it happened in the early hours of monday morning, just before 2:00 a.m. a minnesota state trooper was monitoring traffic on i-94. colonel langer says the trooper spotted a ford fusion with no taillights. pulled the car over. the trooper learned the driver was wanted by law enforcement in another county, felony violation of domestic protection order in ramsey county, minnesota. filed by the mother of cobb's 5 and 6-year-old children, ramsey county sheriff's office has issued a request to pick up and hold cobb. so they attempted to get cobb to step out of the vehicle, and hand over the keys. cobb did not cooperate. you will see from the video there is a moment his hand moves rapidly to the shifter but nothing to indicate he had a gun. >> you need to step out of the vehicle. >> i'll explain it when you step out. >> when you say step out of the vehicle. >> hey, man -- get out -- >> get out of the car now. [bleep] [bleep]. p ush >> cobb was shot multiple times, the troopers attempted to render aid but he died at the scene. back to you. >> gillian: fox news alert, reagan national airport here in washington, d.c., not far from the u.s. capitol. former president trump is set to appear before a federal court magistrate judge at the top of the 4:00 hour, expected to be his third indictment in four months, won't be a very long court appearance for the former president. we are not expected to hear from him until after he has been arraigned, that would be the first shot we have hearing from the former president in his own words. katie pavlich. >> great to see you. >> gillian: we can't any longer say it's an historic event, we have seen the spectacle before of the former president flying across the country to face arraignment. >> a different situation with a different case, obviously. the president is being indicted for charges related to january 6th, and this seems to be one of the cases that is the weakest against the president. president donald trump is refusing to negotiate to take any kind of plea deals. he's entered not guilty pleas, and plans to do the same here and washington, d.c., is a less friendly place than miami, for example, for the president. it's a very democratic heavy city and a place where he spent his first term as president of the united states. he is now back and hopes to be back in january of 2025 as well. president biden is not in town, he is at the beach in delaware, he was asked about president trump's arraignment today, he didn't have any comment on that. they say the justice department is doing their job independently with special counsel jack smith. we are learning more about his background and his time at the justice department and now ties to the previous irs official, lois learner, who helped target the tea party movement, so questions about bias and whether the obama-appointed judge, donated heavily to democrats and sentenced other january 6th defendants, and the president plans to leave as soon as possible when done with the arraignment. >> mike: when you look at the polling, the sitting president and vice president are historically unpopular. you've got the former president being indicted for the third time waiting in the wings candidates, ron desantis and gavin newsom may debate. what do you make of this in this political environment heading into a huge election cycle? >> democrats were hoping the indictments would hurt president trump and they still may in the general election. however, it only helps to bolster him in the primary, and if you look at the way that things are playing out this week with new polling, the "new york times" and other outlets showing that donald trump actually can beat joe biden in a lot of places. you have president obama commenting that democrats are underestimating the ability for donald trump to win a second term in the white house. and if you look at the polling numbers, joe biden is less popular today in his presidency at the same time that donald trump was in his presidency at this time, he was more popular. joe biden's economic numbers and how he's handled the economy are in the 30s, that is not good for an incumbent president going into election with the president who had a pretty high rating when it came to economic numbers. democrats are also hemorrhaging voters when it comes to black voters, and also hispanic voters on the issue of cost and inflation. and look at the last election, the numbers were very tight. pennsylvania, trump lost that state by 80,000 votes. he won wisconsin and michigan in 2016. these elections on the national level are always very tight and of course democrats should be worried that the president can beat them in 2024. >> gillian: the main challenge politically speaking to the former president as he moves forward, this is something martha talked about earlier on our program, is going to be managing what we are seeing happening today. she said today is in many senses a preview of the political season that is to come. the trump team is going to have to wage legal battles on one front with the president facing multiple indictments, maybe an ongoing court case during the later part of the primary and balance that, trying to move ahead with clinching the nomination. it's not an easy challenge. >> it's a resource management issue, how much attention and money we saw this week, tens of millions of dollars in campaign donations reallocated to legal defense. they have a new fund just for legal defense because it's going an ongoing issue with multiple indictments, different lawyers, different specialties, different parts of the country they have to manage in addition to campaigning. i did hear martha say this as well, it is free advertising. it's earned media. his name is in the news. people are reminded of him in the news and look at the polling on the indictments, actually the majority of americans believe they are political, which does not bode well for the biden administration, especially if they continue to take a step back and say this is being done independently. so, it is both a problem but also a benefit for the president, as far as other republican candidates. this makes it nearly impossible for them to break through, they are stuck in this place they cannot differentiate themselves from the trump economic plan but also cannot take the side of the department of justice in these cases for the sake of the republican voting base. so, you know, he benefits and also has a huge challenge ahead and something we have never seen before in this country with all the indictments with the former president. >> gillian: katie, thanks for joining us for your expertise, appreciate it. >> mike: thanks, katie. let's bring in andy mccarthy, former u.s. assistant attorney and fox news contributor, andy, welcome back. >> nice to be back. >> mike: your thoughts as the former president makes the short motorcade from reagan national airport in arlington to downtown washington, d.c., to the federal courthouse for arraignment in about an hour. >> yeah, i guess you know, listening to you guys talk to katie and martha before, it's weird if you've been in the system like i was for a number of years because this is a very pro forma thing, he should be in and out of court in a few minutes. proceedings, even when you done have an extraordinary person involved, they are very quick. i mean, little happens. and the same time with this particular thing there is a historic sense to it, although we are becoming -- it's the third time we have been through this now, so it's almost gotten to be wrot. but i expect a very short proceeding. i think they will have worked most of it. more interesting to me than the legal proceedings, the other things you discussed, like will he go back to bedminster and give a speech tonight. i don't think the courtroom is going to be a platform for that as we discussed before, it will be very interesting if he makes a public statement after it's over. >> gillian: the former president's team there disembarking from his private plane here in washington, d.c. at reagan national airport, in arlington, virginia, across the water. 10 to 15-minute motorcade ride to the federal courthouse barring no issues or delay in his departure here. but looks like they are gearing up to head out in just a moment. andy, does any element of the spectacle involved with these arraignments of the former president impact the legal proceedings? i mean, i know they don't impact the jury, but do they in some way have an impact on anything? >> i think probably when these cases, if they get to trial, gillian, when that happens, so much will have happened in the pretrial phase between the hearings and the legal issues that have to get worked out that by the time these cases get to trial, this will probably be a distant memory for what we are going through. but i do think that it has an impact in this sense. i've never seen, you know, i've seen a lot of people who were pursued against both criminally and civilly, but i've never seen it happen to one person on this kind of a schedule where there is so much political overlay to it and there's a haste on the side of the people who are prosecuting him, whether it's civilly or criminally to get cases to trial on a political calendar. so i think you know, we talk a lot about how he's gotten, at least for the moment, a political benefit out of the fact that the perception is there that he's being persecuted. and i think these kinds of events actually help him in that way, because it does, the perception that you get is that this really is starting to stack up on him. on the other hand, you know, we talk all the time about the criminal prosecutions. he's got a trial coming up in early october on the civil fraud allegations that were brought by the new york attorney general, letitia james. i think we are probably not paying as much attention to that as we should. that's the case based on his historic business practices, the prosecutors in new york were hoping to make a criminal case out of. they decided the evidence was not good enough but james picked up as a civil case, and seen in other civil cases trump has been involved in, the burdens on him are higher because in a civil case you are expected to testify and actually put evidence in. so, they are going to be making allegations about his historic business practices in the middle of a presidential campaign where he's, you know, his business acumen is a big part of his selling point. and that could end up being a much tougher case, it's a hostile environment for him in new york in front of a judge who i think will be fairly >> thanks, andy, for your analysis all afternoon. we're greatful to have it on this serious news day. >> thank you. >> thank you to everybody at home as well for joining us. i'm jilgillian turner in washington. >> i'm mike emanuel. we look at the former president's plane. we expect him to get off in moments. "the story" with martha maccallum starts right now. martha? >> thanks very much, mike and gillian. good afternoon. i'm martha maccallum. live on "the story." president trump arriving in the nation's capitol where he will face arraignment for the third time, this time on charges surrounding the effort to overturn the 2020 election. the gop frontrunner is facing 78 counts in three indictments. in an hour from now, he will appear in federal court with future court proceedings handled by a judge known as one of the toughest when it came to the january 6th cases. there's the 45th president of the united states, the current candidate for th