don't look now, but the border crisis is back with a vengeance and a big concern among presidential candidates that make that a primary start. why tim scott shows this time to do it. scary numbers are probably the reason. kevin corke has more. kevin? griff jenkins. i apologize. >> look out, kevin corke. >> neil: my bad. >> i've covered the border forever. there's a reason why tim scott isn't just going to the border for a photo open. he's going there because the situation is not under control. sources tell me that border encounters are trending up, averaging between 5,000 and 5,500 a day across the entire southwest border. cbp says they seized more than 22,000 pounds this fiscal year alone as mexican cartels tightener that grip on the border. here's senator scott. >> as president of the united states, i would sign the legislation i created that would freeze the assets of the mexican car tens. we have the power to do that. >> just a few hours area, jason owens tweeted this saying yesterday border patrol agents in el paso arrested a foreign national that was identified as the head of a violent gang in panama longed to narcotics trafficking. we arrested 531 individuals with gang affiliations. now, senator scott isn't the first gop candidate to see the crisis first hand. he follows recent trips by desantis and haley. >> what i saw today was a dereliction of duty. a president has one job, and that is keep america safe. >> this border is controlled by the mexican drug cartels. that is a disgrace. that is horrific. >> the concern is bipartisan. democratic candidate r.f.k. jr. posting a 19-minute documentary of his trip to yuma, arizona. one last thing i noted, chief owens tweeted that agents apprehended four child sex offenders in one day this week. neil? back to you. >> neil: thank you. i apologize for screwing up, griff. so what is the fallout from this? also from washington, the hill national politics reporter with, julia, tim scott is not the first presidential candidate to get there and see what's going on. there's been others and there there be more. this is bubbling up to be quite the campaign issue, isn't it? >> it is very important not only for republican primary voters but for all voters. covering last year's mid-term election, one thing i noticed. a lot of lawmakers that were up for re-election were paying quite a bit of attention to the border and speaking out about that, including senator hassan from new hampshire. she spoke out. and then you have henry cuellar from text. he's seen first hand what is happening at the certain border when it comes to the flow of migrants. it's something that republicans really need to do in this presidential primary because it's a top three issue for their primary voters. so it's almost like, you know, a ritual for these candidates to come visit the border, get a photo op out of it and see what's happening on the ground and go back to iowa and new hampshire and talk about it. >> neil: just wondering how it resonates in the early polls that we're getting. not just this issue but whether we're seeing some maneuvering in key states. there's an iowa poll out that shows donald trump still leads. a little less so. i'm wondering what is being rejiggered here. >> look, how it's playing with these primary voters, a lot of these candidates are trying to get as much exposure as possible. tim scott's visit to the border comes a day after donald trump's indictment. so this is a way for them to make headlines of their own. get out in front of the cameras, get out in front of the public as they're trying to leap frog a ron desantis in second place or a donald trump in first place. will that happen any time soon? it doesn't seem like it will, but this is about publicity but also about honing in on an issue that is very important to the gop base. >> neil: i'm wondering with this third indictment and another one to come in georgia. i lose track of these things. it's not prompted the president to lose track of support or lose support, period, among republicans, period. he's still running away with it. i suspect when numbers come out for the latest indictment, it will play out again and his lead could stretch again. how do the other candidates or what do you hear how they hope to respond to that maybe on a debate stage with or without donald trump? >> yeah, it's a good question. not to use a cliche', but we're in unchartered territory here. i think the other republican candidates are trying to figure this out as we go. we've seen ron desantis talk about how he would, you know, readjust or reform the justice department so there's not this alleged bias between democrats and republicans. republicans are pointing to the fact that donald trump's legal woes are happening in tandem with hunter biden's woes. i thought it was interesting what ron desantis said today earlier in new hampshire. he talked about wanting to reform the justice department, get rid of that bias and double standard that he says exists and he also acknowledged very strongly that donald trump did not win the 2020 election. here he is trying to appeal to the base by acknowledging that which many republican primary voters believe that there is a double standard here but at the same time pushing back against his 2020 claims about the ele election. that's how desantis is differentiating himself. >> neil: there's a number of polls out that show all republicans are aware of the indictments facing donald trump. maybe half of them will look elsewhere. it varies by the poll and the sentiment. who do you make of that, that a conviction on any of these charges that have come up could be a game changer? >> it makes me believe that the trump team is paying close attention to those polls. they could be aware of that scenario. his legal team has been trying to sort of slow-ball or trying to delay when this trial would happen, towards the -- closer to the election or even after the election. a conviction would be negative headlines for donald trump. yes, he would got a ten of oxygen and air time but so many questions as to what happens next. what would that look like having a major nominee being convicted of a crime and potentially becoming president? it's more of an unattractive look for republicans. so we'll see. you're right. it depends on the moment and what happens between now and when the decisions are made in these cases. you know, we are truly in unchartered territory. i think all parties involved are sort of -- it's the blind leading the blind at this point. >> neil: yeah, i hear you. thanks, julia. we told you about the border, what's going on there. there's something different as well. migrants trying to get in here, but right now they're being followed by cartel members armed with long guns. sometimes they're literally next to each other. imagine dealing with that lieutenant olivarez is dealing with this daily. kind enough to join us. chris, you have the video and the images to prove it. at first i thought they were some of those ufo films. that can't be right. yeah, they are. what did you see? >> absolutely, neil. that's why it's important to expose what is happening on the border. not just in terms of mass migration, but criminal activity taking place with the mexican drug cartels and criminal smuggling organizations that continue to profit and exploit the fact that we have an open border. what you're seeing in the photos, it's rare to see actual smugglers bringing immigrants across between the ports of entry armed with a rifle. we've had several events where we arrested, work with the mexican authorities to arrest smugglers armed with handguns to see a rifle shows the capability how brazen these criminals are, that they try to avoid law enforcement so they can bring groups of illegals across or drugs or whatever the case may be. that's why it's very important to have a law enforcement presence at the border, to have infrastructure so you can prevent a situation like you're seeing now in the photos, this is a scleer reality of the situation on the border right now and gets worse as the numbers continue to increase. the more people that want to come across the border, the more the criminal organizations will exploit that. >> neil: chris, what seems different this time with the video you shot or your men and women shot, we've always suspected cartels were part of this process of getting migrants across the border. making sure that that happens. but they were out of sight. here they're proudly insight. they're not hiding from being in sight. that almost show as new level of boldness, doesn't it? >> absolutely, neil. we've experienced some of these events that have taken place throughout the southwest boredner texas where you have armed individuals that stand across the river and they'll taunt our officers or border patrol agents or national guard and even shoot at them. now they're bringing people across the recover, arming themselves. goes to show you that they have taken it to another level of brazenness of showing how bold they are, they don't care what will happen. they know they're in control. that's what we're trying to do as far as state agencies, to show that we are the ones that are in control. we're going to prevent what's happening on the border and go after the criminals and arrest them. it all facts back to when you don't have border policies in place to stop what's happening between the ports of entry, this is the clear result. you'll have criminal activity come as cross the border. >> neil: let me get your quick thought on how bad it is getting. to hear the administration, the numbers are down substantially. but they don't tell the whole story, namely what you have been picking up on here. what do you expect in august, the fall? >> well, the numbers have been increasing. it all goes back to when the federal government started to use the cbp 1 app. it was all to really divert the attention from seeing the mass groups of people coming between the ports of entry to avoid the media attention and now releasing people at the ports of entry. we're experiencing an influx of people coming across the border. the past two days, 6,000 daily encounters at the severe weather border. we're on track of where we were pretitle 42. we still have human smuggling, drugs coming across as you saw there. criminals that are armed, bringing illegal immigrants across. we anticipate they will continue to increase in the coming months as well. that's why it's important to have some type of presence there, consequences to prevent what we're seeing right now. with that, neil, the more people you have coming across that dangerous river, the more loss of life when it's affecting the migrants that want to make it across the river, being exploited, being assaulted and robs by the smugglers. so it's a very dire situation right now and that's why it's so important that we're out there trying to do as much as we can in the state agency trying to prevent what is happening between the ports of entry. >> neil: what you do is remarkable. you never like to take a bow and compliment your men and women. i cannot imagine a tougher job with what you guys are keeping up. thanks, chris olivarez. great seeing you. >> thank you. >> neil: let's take a look at today. we had a strong jobs report. not as strong as some had thought. the administration was crowing, this is 13.5 million jobs generated under joe biden. they also point out the trend is their friend. but try telling that to the markets that were hit hard on the notion that it could be slowing down too much. they're worried about the fitch investors report that dinged our triple a credit report. we'll explore that. tomorrow, we pick apart what happened back in 2011 the last time we were down graded, that thyme by another rating agency. that was 2011. it's been a dozen years since and they never raised it since. what happens with this? we're on it. meantime, on what is going on at this time with devin archer and the transcript that came out. we're told there was nothing to see here by some. apparently, a lot to read there by all. with chase freedom unlimited, you can cashback 3% on dining including take-out. cashback on flapjacks, baby backs, or the tacos at the taco shack. nah, i'm working on my six pack. well, good luck with that. earn big with chase freedom unlimited with no annual fee. how do you cashback? 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. 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 when moderate to severe ulcerative colitis takes you off course. put it in check with rinvoq, a once-daily pill. when i wanted to see results fast, rinvoq delivered rapid symptom relief and helped leave bathroom urgency behind. check. when uc tried to slow me down... i got lasting, steroid-free remission with rinvoq. check. and when uc caused damage rinvoq came through by visibly repairing my colon lining. check. rapid symptom relief... lasting steroid-free remission... ...and the chance to visibly repair the colon lining. check, check, and check. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least 1 heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. put uc in check and keep it there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save. >> neil: this is going on in union square, new york. a chaos erupting after a large rowdy crowd, probably an understatement. apparently they were gathering for a giving away of something. people could be seen tearing a construction barricade, some looked like they were hurling objects. the police were called in. things have calmed down a little bit here. the crowds aren't going away. there was a chopper overhead that spotted a number of people climbing on a roof covering the entrance to the union station subway system. they had gathered for what was this give-away that this live stream apparently well-known in social media. i'm not sure exactly what it was. but they estimated 2,000 people were gathered at the give-away and the crowds have grown substantially. it's gotten steadily bigger from the earlier reads. keep you posted on that. they're trying to keep the calm. not everyone is reacting calmly. not everyone is getting the same read on testimony or at least the release of the questions back and forth, devin archer, hunter biden's business partiner. democrats said there's nothing to see. move on. republicans say he incriminated hunter. by extension, hunter's father, the vice president at the time. now the president of the united states, joe biden. chad pergram has been picking it apart. what do you have, chad? >> good afternoon. republicans now want to get back democrats after the indictment of former president trump. that's why they're highlighting the devin archer transcript. the gop wants to talk with delaware u.s. attorney david weiss. there's questions about whether weiss received pressure from above in the hunter biden investigation. >> the department of justice's story keeps changing, which isn't mr. weiss. you have authority to bring it, when, where and who or just in your direct. he chased his story. the whistle-blowers haven't. >> archer said that president biden had dinner with the president of burisma in 2015. mr. biden shook everybody's hand. the white house said the meeting never happened. it's unclear in democrats have a blind spot ahead of 2024. >> the only thing the biden administration can do is be cooperative and get the facts out as best they can. i think they have done about president biden's noninvolvement in this. >> some republicans are itching for impeachment especially after the archer interview. but starting impeachment is about the math. it's unclear in the gop has the votes. the gop believes that they're winning by focusing on investigations. >> not only must you pass an agenda but you must stop the other party. stop often takes its operationalized as an investigation and potential impea impeachment. when push comes to shove, it's not legislating on behalf of the american people. it's mostly investigating. >> the one thing the gop could do is cut spending for the doj or special counsel jack smith. that will be a flash point as a government shut down looms in september. neil? >> neil: yeah, we forget when they come back, they have ten working days to avoid that, right? >> yeah, the senate will come back first, the house after that and probably have to pass an interim spending bill to avoid a shut down on september 30th. >> neil: this is just one of the reasons why fitch down graded us. thanks, chad. great job. i want to go to andy mccarthy to dissect what we've gotten from this transcript. andy, i appreciate all of your help yesterday, my friend. extends to this story today. and andy, the one thing that is very clear, i take no sides in this or see it through any prism for or against the president or his son, but it's clear to me at least, that devin archer, when he he referred to the brand, he's talking about the combination of joe and hunter biden. when asked on that subject, he said yeah, that's fair to say. obviously that brought the most value to the brand. it was hunter biden and him. he went on to say, we would discuss having, you know, an understanding of d.c. that was a differentiating component of us being able to raise capital. again, i'm not the sharpest tool in the shed, my friend, but that shows the clear building of quid pro quo. >> yeah, that's right. if there were an actual investigation that was being conducted by the justice department, that's exactly the way they would be looking at it, neil, a bribery investigation. the fact is, there is a biden family investigation. there is just something that the justice department refers to as the biden investigation, which is just a black hole. what we're seeing in the transcript is that the business was joe biden. i'm always amused to hear people say that there's no -- they're not seeing any evidence that biden did anything to advance the business. but he was the business. the business is access to joe biden and all that implies. he doesn't have to do anything a firm ty. the idea that if you have him in your corner as your go-to guy and you have access to him, that's going to -- the hope is going to intimidate people from taking action against you. so every now and again, do they have to do something hands on? yeah. it looks like there was plenty of hands on in connection with burisma where joe biden used his influence with the ukrainian government, which was immense at the time because they're very dependent and were dependent then on the u.s. government. he used his influence to help get a prosecutor fired who happens to have been investigating the company that was paying his son $83,000 a month. >> neil: yeah, and bragged about it. what is interesting, when i heard people talking an't what devin archer had said in this q&a with republicans and democrats on the committee around i referred to it as testimony mistakingly, but the bottom line democrats say no, he never drew his father into this. well, again, through my thick skull here, andy, i see this ex-caning when they talk about as you mentioned burisma. him saying that it sent the right signals for burisma to carry on this business and be "successful. when pressed, he clarified that even more. my only thought is that i think burisma would have gone out of business if it didn't have the brand attached to it." without a doubt, that brand is joe biden. the brand is not hunter biden. no offense to hunter. the brand is his dad. >> yeah, joe biden is what makes the scheme go. if he's not there and his political influence is not there and you can't flash access to him, then there's no business. there's no point in paying the bidens. the burisma thing, neil, is a good indication of how this works. the guy that ran burisma lad been a minister in the former ukrainian government that was ousted when the president fled to moscow. the new ukrainian government was rivals with the old ukrainian government. so this guy had every reason to fear that they were going to go after him and he needed understand against that. that's what biden was, or he hoped. >> neil: what is weird about it, devin archer wasn't dancing around the subject. i got the impression when the reports first came out, he did tie anything in and he was very, you know, distant about drawing anything beyond what we already knew. but he repeatedly added a line that went like this one literally. it wasn't as specific as, you know, the vice president's son, but obviously the brand carried. in other words, what he was saying, the brand was the connection to the vice president. and that connection was crucial in the burisma relationship and some of these others. so how can the justice department in this case ignore even the potential for weirdness there? >> yeah, we know they're ignoring it, neil. it's obviously for political reasons. one of the reasons you know that they're ignoring it, i was struck reading archer's testimony that when he was first asked about burisma, he was asked when did you become involved with burisma? he said 2010, 2015. i couldn't be precise about it. it struck me that archer had supposedly testified in the grand jury, which means the justice department put him in there, right? there's no way if i had a witness like this, i would have walked him through the whole burisma thing with documents and everything else. by the time he got in front of a senate committee, he would have known the story. he wouldn't have a five-year gap, i don't remember. the reason he has a gap is because they didn't really prepare him and they're not really investigating what happened in burisma, which by the way is why they let those counts drop and the statute of limitations had run. they did that so they couldn't prosecute him. >> neil: isn't that why you get a special counsel, again? i think the sophisticated legal definition is if it sounds icky, it probably is or at least should be pursued. so there's no harm in getting a special counsel to look into that, right? >> no. as a matter of fact, you would think since garland appointed a special counsel for trump, where there's no conflict of interest, that when the rules say there's a conflict of interest, you're supposed to appoint a special counsel and you have the biden justice department investigating biden? that's where you get a special counsel. you know, i was 20 years in the justice department. we were like the icky business. so to watch this justice department go no, i don't want to know anything is a little amazing. >> neil: yeah, that's one word for it. andy, you're the best. you help me make sense of things that don't make sense. we're going to give you an update on this union square incident that has turned into quite the crowd now. what they're upset about will surprise you after this. oating.. 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(avo) ask your doctor about once-weekly mounjaro. >> neil: parentally thousands are in union square to see an internet sensation. is it worth it? after this. ich stands for skilled hands at work. from cutting hair, and mowing grass, to roasting marshmallows, he's got a grasp on what matters most. there's a story in every piece of land, run with us on a john deere tractor and start telling yours. get $1,000 off a 1025r tractor and 0% apr fixed rate for 60 months. let innovation refunds help with your erc tax refund so you can improve your business however you see fit. rosie used part of her refund to build an outdoor patio. clink! dr. marshall used part of his refund to give his practice a facelift. emily used part of her refund to buy... i run a wax museum. let innovation refunds help you get started on your erc tax refund. stop waiting. go to innovationrefunds.com you really got the brows. >> neil: all right. this is something that just got out of control. it's downtown new york, buy union square. beautiful area. thousands of people were trying to get a chance to see twitch streamer internet celebrity. very well-known social media. he was supposedly giving away a play station 5. the meet-up and give-away was to start at the top of this hour. 34 minutes ago. what they didn't count on is the chaos that followed. people were throwing plastic bottles. that got the police involved. it was interrupting people from getting out for the weekend. a subway stop there. i want to go to paul morrow, the former nypd inspector, what he knows about this and what is going on here. inspector, great to have you. this looks like something that a good intentions that got out of control. >> yes, it really does. anything that is free is going to bring people out. i wonder if it was a permanent event. if you're toing to have a large scale event like this outdoor, especially in a park, you're supposed to jump through hoops with the police department. you have to fill out paperwork, advise what you're doing. likelihood of the attendees in terms of number, et cetera. you also have to get a permit to have a bull horn or speaker or anything like that. so i'm sure when this is all over, the police will be looking at whether or not this was done legally. frankly if there's any liability for the celebrity here. i never heard of him. but apparently people have. there's a reason that these things are done the way they are. because they could get out of hand like we're seeing right now. >> neil: do you need a permit -- again, i'm not familiar with this gentleman. probably showing my cable more than anything, inspector. you know, he's obviously well-known, very popular streamer. so he's offering -- giving away a play station 5. if he were be giving away a box of napoleons, i might go down there. but this is odd. maybe they didn't anticipate something like this. what do you expect happened? >> as i said, anything free is going to draw a lot of people. just the nature of it. probably an age gap thing going on here. you know, it's going to go out viral on social media to a generation younger than you and i and caught the police department understood aware. and then the crowd mentality. may have been a very benign event from the get-go, but getting this many people in one place and a limited amount of whatever they're giving away, people start revving each other up. maybe there's a substance abuse going on. and then -- >> neil: what we can't make out, inspector -- sorry to jump on you. they seem to be gathering around what looks like an escalade, a large s.u.v. that could be where this internet celebrity guy is talking to them, communicating with them. i don't know if that is his. but it the only vehicle they're all gathering around. >> you know, i don't know if he's in there. i don't know what is going on with these people. presumably they like him. the police department is going to try to communicate with this celebrity. use his auspices to try to calm this down. obviously he has system sway with the crowd. apparently got out of control. there was a police radio call for officer needs assistance immediately. so there was that. i don't know what led to that. some reporting that there was something snatched off of a police officer or a traffic officer. clearly got out of hand. again, you know what happens, it becomes one upmanship. people want to play up with their friends, want to out-do each other and gets out of control. there's a reason that things like this are usually done with the police department's cooperation. you set up barriers and do it right. when you don't, this is what happens quickly. >> neil: yeah, hopefully it calms down to your point. as paul indicated, a rare level four mobilization called by the nypd. no matter what you're doing as a cop in that area, you get to this area. no arrests or injuries so far reported. although as one sergeant was quoted here, this is from the new york daily news, it appears out of control. we're also getting reports of eight people in handcuffs. that's coming from the "new york post." we'll keep you posted on that. >> you'll get some arrests. a level four, that is a very rare mobilization. they're taking this seriously. >> neil: thanks, inspector. you're the best. meantime, a lot of new things are coming together on the story of these u.s. sailors who were charged with being spies for china. jonathan hunt has more. jonathan? >> neil, two u.s. navy sailors accused of selling secrets to china. is it part of a concerted campaign by the communist nation to infiltrate the u.s. military? details after the break. >> neil: all right. we always knew that china likes to spy on us but recruiting american soldiers to do that dirty work for them? sounds incredible. jonathan hunt following the story in l.a. jonathan? >> these are disturbing cases. we don't know whether these were two isolated incidents or part of a wider conspiracy by china to recruit spies within our military. either way, according to prosecutors, these two sailors sold out their country for a fist full of dollars. >> we have entrusted members of our military with tremendous responsibility and great faith. our safety and security are in their hands. when a soldier or sailor chooses cash over country, hands over national defense official in an ultimate act of betrayal, we have to be ready to act. >> one of the sailors, a naturalized u.s. citizen born this china was stationed in san diego. the other at ventura county. they sold information about naval exercises and operations and sensitive photos of ships and facilities. now, both of those bases, by the way, house the u.s. pacific fleet, which leads many u.s. operations and exercises that would be of critical interest to china and which would be central to any potential conflict over taiwan. now, spying on and among other nations is not unusual, but the extent of china's operations, officials say, makes it different. >> china among all such nations stands aport in terms of the threat that its government poses to the united states. china is unrivalled in the audacity and the range of its maligned efforts to subvert our laws. >> the efforts to prevent chinese spying are ongoing and officials say they will continue to hunt down and bring to justice anyone in the military who betrays as prosecutors put it their sacred oath to defend our country. neil? >> neil: jonathan, thanks for that. jonathan hunt in l.a. i want to go to bryan llenas in iowa to continue this china story. might be saying iowa? we don't understand. allow me to have bryan explant. bryan? >> neil, good afternoon. several chinese nationals have been convicted of stealing genetically engineered seeds here in iowa, corn seeds actually, from farms here. rice seeds from farms in kansas and a software algorithm from a farming company in missouri. the reality is the engineered seeds, they give farmer as competitive advantage and cost billions to create here in the u.s. the theft causes the companies to charge american farmers more for seeds to recoup for the losses. engineered costs are up 163% since 1990. >> making the investments in inputs is a challenge when you're dealing with something else getting the benefits without paying for the i.p. >> now, the congressional select committee held a hearing here. they discussed how this is part of china's efforts to lessen their dependency on u.s. crops perhaps before an invasion of taiwan and a possible conflict with the u.s. china and chinese companies have also been buying up u.s. agricultural land. china owns 384,000 acres of land in the u.s. that's up 456% since 2011. there's national security concerns about proximities to bases and whether china can unleash some kind of hell on our own crops. >> keeps me up at night. if they're reverse engineering our seeds to what makes them hardy and drought resistant and pest resistant, what makes them say they can't turn it around on us? >> here's the problem, neil. one out of every three rows of soy beans here gets sold to china. farmers are asking congress to be tough on china and not alienating their number 1 customer. neil? >> thanks for that, bryan. bryan llenas in iowa on that story. meantime, back to the gilgo beach murders. for years she was known as jane doe number 7. now she has a name. after this. you ever try cashbacking? it's earning 3% at drugstores with chase freedom unlimited. so i can save on something special for a first date? wait! that's all for a first date? whoa. alright, c'mon. earn big with chase freedom unlimited with no annual fee. how do you cashback? for moms, from centrum. ♪ this new mom ♪ ♪ here i go ♪ ♪ i am strong and brave i know ♪ ♪ with a little time for me ♪ ♪ no doubt i will get through ♪ ♪ loving me is loving you ♪ ♪ new from centrum. the women's choice multivitamin brand. with the price of just about everything inflating these days, you may wonder why mint is deflating the price of mint unlimited from $30 a month to just $15 a month. well, it's easy. we know a great price on a great product is better than one of those things. right? 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[camera shutter] to find a doctor who uses mako visit makocan.com >> neil: they have always suspected there were more gilgo beach murder victims. tied the identification, many years after the fact, they have gone by the name of jane done 7. c.b. cotton has more on this developing story. c.b.? >> hi, neil. it's important to note that rex heuermann had not been linked to the women that was identified today, but nonetheless, this is still an update. many people have been waiting before. as you mentioned for nearly three decades, this woman's remains were only known as fire island jane doe or jane doe number 7. now we know her name and face. karen vergatto was 34 in 1996. the same year her partial remains were found on long island. her skull later discovered about 20 miles away. investigators used genealogy testing to confirm her remains, an escort from manhattan. news day said that her father died in september. her step sister told the outlet that she's glad to have closure. nobody has been charged in her death. ray tierney renewed to say whether accused long island serial killer rex heuermann is a suspect. >> the press conference is about miss vergata. we've been able to identify her and continuing our investigation not only with regard to the gilgo four but all of the victims on gilgo. >> the announcement comes as prosecutors try to bolster their case against heuermann. the manhattan architect charged in the murders of three women and is the prime suspect in a fourth killing according to prosecutors. according to a motion filed this week, prosecutors are seeking more dna evidence from heuermann while acknowledging that it could up end their case. a prosecutor writing, should the defendant's dna from the cheek swab not match the dna profile from the pizza crust and napkin submitted for rex heuermann, the defense would be presented be a potential trial defense. heuermann has pleaded not guilty. we reached out to his attorney to ask how he will respond to prosecutor's request for more dna evidence. we have not heard back. neil? >> neil: got it, c.b. thank you. your coverage has been very thorough on this and it changes day by day. pat brosnan knows how that goes. he's had many cases like this. a former detective. pat, i always hate it when you have to talk under these circumstances. what is interesting about how c.b. cotton entered that story is trying to get d.n.a sample from mr. heuermann that could possibly not match or connect to this victim and then raise questions whether there's a solid link to other victims. in other words, you could in the aggressive nature of trying to get to the bottom of this, your case could be upended, couldn't it? >> it could theoretically. injuries are influenced by tv oftentimes. the 99.6% probability of the pizza crust dna being heuermann's is a factual matter. but in the eyes of the court, it's purportedly his. the greatest value, neil, would be if they can get a creek swab. i'm certain a judge would agree with that and get direct dna from the victim, from rex and then they have a direct evidence as it relates to his dna, not coming through a second party, which would be the crust he discarded in new york. >> neil: what if he says no, i'm not going to let you do a cheek swab? >> that would come from some judicial discretion as it relates to the case. my sense is that the reasonableness of it, given the overwhelming totality of the facts, everything, including how the case developed, all the stuff we spoke about last week, the fact is that dna, the typing of the cell phone analytics, the mapping of the cell phone, the entire case in its totality is overwhelming. this is critical. i can't imagine an instance where there would be a refusal by a judge to swab his cheek. >> neil: let me ask you about the potential of other victims. i know three in this particular case, possibly a fourth. they're trying to go back to unsolved murders and other bodies dating back decades. you know, his movings around in las vegas. atlantic city and on and on. could this be -- i guess what i'm asking, like a ted bundy situation where bodies were discovered all over the place? >> absolutely. the sick and twisted itch that animals like heuermann suffer from have to be scratched. the fact is if victim 7 is from 96, i find it statistically extremely unlikely that he took a 11-year vacation until 2007 and then another 13-year vacation since shannon gilbert in 2010 until the other day when he was arrested in midtown. that is not the historical legacy of these animals. the reality is that the killing continued because that's what seichates that need for them. but this dna is like magic. it's a magic act. i actually -- i think it's synonymous to the discovery i was talking my staff about this technology at the time. jack the ripper. how many cases we would enable to solve. >> its astonishing and genetic genealogy is the mothership of what i call actually how a distant relative can send you to the electric chair. it's absolutely astonishing with the voluntary submission to public databases of folks who want to know their ethnicity, 23 and me, ancestry.com, and then by default 1/5 cousin in sacramento drops the hammer on a murder who's running a hardware store in the bronx 50 years later, they can send you off to the electric chair and not mean to. that's astonishing it really is. it's a really cool thing that these databases are building up. what were during now is going to the haystack to get the needle. that's the difference. it's a big deal neil. >> it is indeed my friend thank you very much pat brosnan appreciated. will continue looking into this. hello everybody i'm jesse watters along with kennedy martha tyrus is five o'clock in new york city and this is the five. we are getting insane a video in right now of a social media influencer giveaway gone wrong. a massive mob swarming a busy new york city park overtaking the streets and clashing with the cops.

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