save women sports act. you are watching "fox and friends," i'm carley shimkus. >> ashley: and i'm ashley strohmier. former president trump legal team and justice department have until 3 p.m. today to submit possible dates for a hearing where a federal judge will decide if the former president can share evidence publicly. >> carley: trump team is accusing the government of trying to restrict his first amendment rights. >> want to make sure the protective order is not too broad, only sensitive or sealed material should be kept out of public view and they said this, in a trial about first amendment right, the government seeks to restrict first amendment rights. party members and media have proliferated false allegations. former president trump seized any -- as breach of his rights, putting blame on the current administration. on truth social, biden want thug prosecutor jack smith to file for court order taking away my first amendment right, speech. without protective order trump and his team could post or talk about discovery evidence that that would compromise witnesses and the case itself. jonathan turley weighs in. >> jonathan: if you hold leading presidential candidate to trial in the middle of the presidential campaign, you are going to have to afford some leeway for him to discuss the case. everyone will discuss the case. this moegsz is tone deaf in that sense. >> classified document case, two motions filed prompted judge aileen cannon to strike the second motion and denied request writing this, special counsel states sup element should be sealed from public view to comport with grand jury secrecy. motion for leave and sup element fail to satisfy sufficient legal or factual base to warrant sealing the motion and trump legal team predicts fourth indictment on its way, barricades set up outside the fulton county courthouse last week. >> carley: fox news obtained letter written by biden to devon archer. joe wrote to archer, thanking him for attending a luncheon for the chinese president. i apologize for not getting a chance to talk to you, i was having a problem getting away from president who. happy you guys are together. hunter used that lunch as networking opportunity to help a client at the chinese embassy and learning another former business partner visited the obama white house and vp biden official residence 36 times between 2019 and 2016. eric schwerin is cooperating with the house republican investigation into the biden family. ohio voters are set to vote today on amendment that would make it more difficult to change the state's constitution. it would change the threshold to pass future ballot initiative to 60%, making it more difficult for voters to impelement upcoming election this coming november. ohio republican parties it is more than abortion, it is full government measure. >> ashley: and mike pence reaching needed 40000 donor threshold, the eighth to meet the criteria. former president trump has met criteria, but yet to confirm if he will be on the debate stage. mike pence is looking forward to substantive debate about issues important to the american people. hoping former president trump has courage to show up. first debate is this month, august 23rd, 9 p.m. eastern on fox. >> carley: turning to emotional testimony from the families of the 13 service members killed in the afghanistan withdrawal. they addressed president biden himself. >> when our leaders, including the account is of defense and commander-in-chief, call this evacuation a success, as if there should be celebration, it is like a knife in the heart. >> the thing that upsets me most, he exploded the most precious thing a child learns from his parents, trust. >> carley: one of the parentslet join us next. that's why subway's proffered by this champ. and this future champ. and if we proffer it, we know you'll proffer it too. he's cocky for a nineteen year old. so many hotels... [yells] [yells] [yells] trouble booking the family vacay? come on. comfort has free hot breakfast for the whole fam! they have waffles! and splendid pools! cannonball! every business that's why comcast business de is launching theal. mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. comcast business, powering possibilities. >> carley: it's been two years since 13 u.s. troops were killed in the withdrawal from afghanistan and gold star families are desperate for answers and accountability. >> what kind of disrespect, what kind of hatred for our military. >> do what our son did, be a grown man, admit to your mistakes so this doesn't happen ever, ever again. the thing that upsets me most is he exploded the most precious thing a child learns from his parent, trust. >> all i hear is him. avenge me. >> carley: our next guest's son was one of the fallen service members, 20-year-old lance corporal kareem nikoui. he believed america was worth fighting for. his gold star father, steve nikoui joins us now. what was yesterday like for you, surrounded by the other gold star families testifying together for the first time and did you learn anything new? >> yeah, good morning. thank you for having me. it was very bittersweet. rehashing the old memories, seeing the people you have become friends with recently and having the same experiences. to see them go through and explain themselves was get gut-wrenching and i was in awe, they were inspiring, the other parents. >> carley: tell us about your son, kareem, how would you like him to be remembered? >> the same as the other kids. he wanted to be a maen radio, he wanted us to sign him up at 17, which we didn't, we didn't want something like this to happen and the guilt, i signed him up before he was 18, adamant no, he had done the jr. rotc, this didn't just come up. we had been training. we lived by hills and he would do everything and climb the hills and train. he had been training for years, we were honored he met his accomplishments he was seeking. >> carley: it's been nearly two years and there are a lot of questions that remain. when you think about why this happened, have you drawn any conclusions? >> steve: yeah, i appreciate that question. i have drawn a conclusion. i have had two years to analyze this and talk to as many people as i can. the singularity that i got from this whole thing was that it is part of the problem, what is wrong with society today, you know, anything at the cost of optics and that is what this was. this was optics, joe biden could get his september 11th, i've terminated this 20-year war, etcetera, etcetera. 13 kids were killed for that photo op. that was it. could have been more and they wouldn't have cared, as long as it met that deadline. he could say i've ended this war and not to acknowledge any of the kids is devastating. it is like, here, our kids did this, nobody wants to say his name. that is literally, if this man was to stand up and say 13 names, thank you for your service, none of this would be a problem. >> carley: a simple request and something you and the 12 other gold-star families very much deserve. the president has declared the withdrawal from afghanistan a success. and it is clear that he wants americans to move on and forget what happened. you don't have that luxury. when you lose a child, you cannot move on from that. what have the last two years been like for you and your family? >> steve: it's been devastating because we are not celebrities and so for us to be thrown into something of this nature where we have to be celebrities and do talks like this and some of us have jobs and we're going here and there. we definitely didn't sign up for this, we're trying to do the best we can to honor our children. >> carley: yesterday you said you can are haddureioson now saying avenge me. what does that look like? >> steve: i really don't know. i guess what we're doing now, i think just to have a recognition to have our government say, look, we made a mistake, these are their names, we appreciate what i explained before, just recognition. inevitably, the younger kids trying to enlist now, they are looking at these experiences our country has had and i wouldn't want to be a young man and go into armed services with this fresh on my mind. i think it is important that we make it right so the character, honor, morality of young kids is in tact. >> carley: absolutely. steve, did you ever sit down with the president or anybody from department of defense and get answers to any questions you have? >> we had after-action report, i think a general came over and told us, explained it to us and in talking to the other families recently, it was obvious that everyone's report was completely different. some spots, they said your child was here, they told other people the same exact spot. a lot of information they gave us, if you're a mature, responsible basic cross references, you find out you have been lied to. i'm 50 years old, 51 years old, don't lie to me, i'm not stupid. >> carley: you deserve answers and accountability. thank you for joining us, i know this is not easy to do. your son will always and forever throughout history be remembered as the hero that he is. steve nikoui, father of lance corporal kareem nikoui, thank you for joining us. >> thank you. >> carley: we'll be right back. choosing a treatment for your chronic migraine - 15 or more headache days a month, each lasting 4 hours or more - can be overwhelming. so, ask your doctor about botox®. botox® prevents headaches in adults with chronic migraine before they even start. it's the #1 prescribed branded chronic migraine treatment. so far, more than 5 million botox® treatments have been given to over eight hundred and fifty thousand chronic migraine patients. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects. in a survey, 92% of current users said they wish they'd talked to their doctor and started botox® sooner. so, ask your doctor if botox® is right for you. learn how abbvie could help you save on botox®. weather alert. at least two people are dead, hail and destructive winds ripping through states like west virginia. americans are under tornado and thunderstorm watches from tennessee to new jersey. more than one million people lost power yesterday. take a look at this video, possible tornado seen forming in central new york. >> ashley: that situation is looking better this morning, senior meteorologist janice dean is here. >> janice: i had people traveling yesterday, hope everyone is safe. we had a lot of reports of damaging wind and hail. we didn't have any tornados, we were warning folks this could be a possibility. national weather service did a great job, fox weather did a great job. new england, we will watch for strong storms and eastern long island. we will monitor potential for heavy rain and flash flooding because this area has gotten a lot of rain this summer. this will be out of here by today through wednesday and then thursday, i think the next chance for severe weather. this is rain still to come for parts of new england, very likely through tomorrow morning. watching this region as well as potential for stronger storms for areas across central plains and southeast draped across this region. heat alert still in place for texas and the gulf coast to florida and up into the southeast. no heat relief in sight. i'm a broken record for texas, mississippi with forecast heat indexes over 100. 117 is what it will feel like in corpus christi wednesday and thursday. we could see risk for tornados, know what to do if there is a watch or warning in your area, it has been a summer of extremes, large hail threat is main threat here. we could see potential for two inches plus and that can cause damage. we don't talk about hail enough. flash flood risk, as well. watch developing stories, foxweather.com, for the latest details and heat for the south. >> a lot going on. foxweather.com, will keep you updated. >> ashley: los angeles residents say this happens everyday with addicts openly using drugs in the street. mobile teams with oxygen are being sent out to keep people from dying. the person who took the videoin jos me now. paul, you took this video at your business owner and taxpayer. when you see initiative like this, putting oxygen cylinders out there, is this enough to stop the problem or is this a bandaid? >> oh, no, it is not even a bandaid. all i see to answer directly, is a person with a stack of bills doing this, that is all they are doing. this is nothing, but handing money to karen bass's friends and her unions. the groups you refer to is hhcla, homeless healthcare l.a., another 501 (c)3 with federal and city funding and i don't know if you have the video i sent you, they are going around in like a hot dog cart and handing out crack pipes. that will not stop a drug problem. >> ashley: if you look at unintentional overdose numbers, 2013, 330 and now it is 11,000 and we have not seen the numbers for 2023, i can only imagine what will happen there. why do you think elected officials are trying to normalize this? nothing will stop this by handing out narcan and now crack pipes? why are they normalizing this? >> well, it is real simple. nifia ramen is a new council member and she was named chair woman of the homelessness and housing committee and her degree is urban planning and urban planning is simply normalizing depravity, get it normalized on the street. another reason they are doing this is targeting people like me, business owners with strong voices. having this condition on the street drives people off the streets. you should see ventura boulevard, it looks like a scene out of san pedro street in downtown l.a. store fronts are graffitied and people are doing drugs. they don't want the middle, they want very rich people they depend on and very poor, the people that depend on them, so they can maintain control. los angeles county lost 92,000 people last year that left, that never happened before and no one is factoring that in. >> ashley: no, they are hemorrhaging people from the state. you have been on multiple times talking about this upward of a year and it doesn't seem to be getting better. have you considered leaving, like the rest of the people? or are you going to try to stick it out? >> honestly, we have consequential election coming up in 2024, nationally and locally, as well. and we're going to see what happens after that. this is getting to be unsustainable situation out here in los angeles. our emergency services can't handle this. los angeles police department fell below 9000 officers. three years ago, they had 10,000 when ramen tweeted out defendy defund the police. los angeles fire department, 65% of calls are homeless related. they have 2000 calls per day, 65%, do the math, 1300 calls per day for the homeless. i'm close with the fire department and they get no respect. >> ashley: fire department and police get no respect in california, especially in l.a., their hands are tied because of elected officials. paul, thank you, i'm sure we will hear from you soon. remember the 7-11 clerks defending themselves from alleged theft? they are under investigation for assault. wait until you hear this one. >> carley: and president biden fresh off his latest vaoccasion to promote climate agenda in arizona and rising gas prices have americans worried about an inflation reboot. diving into the numbers next. ♪ limu emu & doug ♪ what do we always say, son? 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(soft music) ♪ hello, colonial penn? >> carley: the price of oil hitting $82 per barrel causing many to fear inflation is on its way back and comes as president biden heads to arizona to celebrate agenda and one year anniversary of inflation reduction act. >> carley: cheryl casone is here with more. >> cheryl: what is interesting, inflation reduction acts, i was looking at a new poll. 57% of americans disapprove of handling of climate change, but he is celebrating. he is in arizona and they will block 1500 square miles of acreage around grand canyon, so they cannot mine uranium there. no electric vehicles while in arizona? pointing out there are suv's on the tarmac there. price of oil, sitting under $82 today, been sitting $82 per barrel. $9 up from last month. average cost of gas $3.82, have not seen this since october of 2022. he will be running on climate change successes, just in the last three months, wholesale diesel jumped by 31%, jet fuel up 33%, gasoline up 18%. hello inflation. energy and food, getting cpi, on thursday, that is like the report. what are they going to do if inflation goes up? >> carley: what will he do if he's declared economic times as bidenomics as positive thing? all this is happening because saudi arabia decided to continue cuts to oil production, that is not going anywhere any time soon. >> cheryl: because we are energy dependent, we used to be energy independent. >> ashley: talk about the 7-11 employees under investigation. you knew it was a matter of time before this happened. >> cheryl: stockton police are looking into this. alleged thief, this viral video, at 7-11, a beat down video. this person has stolen twice before, his third time in two days hitting the 7-11 and the employees attacked him with a baseball bat, you can't dispute that. they will be investigated, charges, we don't know. local police, it has been brought to our attention that a video of two 7-11 employees assaulting a robbery suspect has been circulating. we are aware and the investigation is ongoing. the timeline, really quick on july 28, 3:00 in the morning, he goes by counter and threatens to shoot and steals items. july 28, goes back and demands money, stealing more stuff. july 29th, same 7-11 a third time, finally on that day is when he gets, i'm sorry, the employees had enough. vigilante justice, this is what happens when you defund the police. >> ashley: they could have felt their lives were in jeopardy. >> carley: he threatened to shoot them. >> cheryl: how many bodega owners have been assaulted in that city? >> carley: priority of the investigation should be the theft, repeated theft. we will shelf that for now, hope that, wos out okay for them. riley gaines, what is going on with her? something happened. >> cheryl: this is something else. this is riley gaines and paula scanlin was there, as well. standing up to biological males performing in events. this bill abbott signed back in june, same women's sports act. they go to celebrate this. here is what happens to them and what riley gaines told fox news digitals. bottles are being thrown, protesters are spitting in people's faces, profanity yelled at children. protesters are trying to smear the celebration of sb-15, which protects female collegiate athletics, but they can't. these women were hostile, 250 protesters. glad you had your viral moment, way to scream and attack kids. i've watched this video repeatedly and they are yelling at small kids who are going in to sign a bill temperature is ceremonial bill signing. >> carley: reality of the day you see on the screen now, which is unfortunate. thank you, quite the round up. >> cheryl: we've had a big morning. >> carley: this will interest you for sure, heir and former owner of anheuser-busch opening up about the dylan mulvaney controversy, you will want to hear his take on all of it. >> my ancestors would have rolled over there grave, last thing they want is beer can with that kind of message on it. hi, i'm sharon, and i lost 52 pounds on golo. i realized i needed to make a change when i looked in the mirror and did not recognize myself. i saw the golo commercial and i liked how they weren't actors. they just seemed like people that were just happy with themselves and had true results. since being on golo, i truly feel like i'm back to the best me i can be. try golo. it worked for me, and i'm real. (soft music) every business that's why comcast business de is launching theal. mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. comcast business, powering possibilities. >> carley: conservative groups are suing biden administration over the student loan handout, which will add half a trillion dollars to the debt. one of the groups suing join us now. mark, good morning. i thought supreme court struck down the student loan for forgiveness plan. what is he doing now? >> the administration put out several ideas and proposals for cancelling student loan debts, those ideas don't have any more authority than the ones he tried before. >> carley: what is your complaint with the new plan? >> our complaint is, first of all, they tried to issue and i'm talking about one account adjustment, one of four different proposals put out. this proposal will go into effect august 13th and would cancel 39 billion of debt for folks in income-driven repayment program and does it by counting nonpayments as payments and our simple position in the lawsuit is that nonpayments are not payments and department of education does not have power to treat them as payments. >> carley: the lawsuit is called desperate attempt from right wing to keep hundreds of thousands of borrowers in debt. we will defend working families. what is your reaction on that? >> it is unfortunate the administration is trying to spin illegal activity that way. this is not an ideological issue. the question is whether or not the department of education has legal authority to do what it is doing and it doesn't and supreme court told them they don't. this is plan b on part of the administration, if this plan were lawful, they would have done it in the first place. they tried a different method and got shot down. they are trying this other unlawful idea and the courts will shoot this down, as well. we would rather do something other than continue to sue the administration. >> carley: congress has power of the purse, great way of forgiving this debt. one of the keys, though, it be 39 billion in loans forgiven, which would add half a trillion of debt to taxpayer dime. does that mean we are paying for other people's loans? >> we would be paying for other people's loans, what happens, you are forgiving three years of loans for folks who instead of making the monthly payments, they wouldn't make the payments, that is not having money come into treasury that ought to come in, that is appropriation and can't make appropriations without congress. that number includes other programs, as well, this program all told looks like it might cost $175 billion in the income-driven repayment and public service loan forgiveness program. >> carley: just a cool 175 b. keep us posted how this plays out. >> ashley: heir to anheuser-busch is calling out. >> my ancestors would have rollen over in their grave, they were patriotic. people who drink beer, i think they are your common folk, i think they are the blue collar worker, last thing they want pushed down their throat are to be drinking is beer can with that kind of message on it. let's face it, the transgender topic today has become very, very political and it is not wise for a beer company to get into that game. >> ashley: anheuser-busch saw sales down 27% year over year last week. >> carley: interesting comments from the heir. donald trump free speech defense could be working. the judge in his january 6 hearing just ordered. we'll be asking congressman michael waltz what he thinks about this. >> ashley: brian kilmeade will look at what is coming up on "fox and friends." >> brian: in 11 minutes, hope carley will be okay with it, gold star family speaking out for first time ever in testimony. you saw on fox president biden's deadly afghanistan withdrawal, he botched it and they are demanding answers. it led to the deaths of 13 service members, their family members, we'll talk to parents of the service members. plus new team taking over soccer fi fields in new york city, called migrant, turn goal posts into tent post and house thnld thousands who have no reason to be here. and we learn hunter ex-partner visited the white house 36 times. it leads back to joe. get up, get dressed, stay within yourself and remember to watch "fox and friends" and ex exclamation point in the prompter, i will say it out loud. now take a wide shot and do something special. . . >> ashley: trump's legal team bashing an order that would prevent him from publicly sharing information in case. first amendment rights the government seeks to restrict first amendment rights first it does so against the administration's primary political opponent during an elections season in which the administration prominent party members and media allies have campaigned on the indictment and proliferated its false allegations. >> congressman michael walton served on the house armed services and foreign affairs committee and joins us now. congressman, good morning do you, the president is pushing back really hard on this protective order. i says this would violate his family rights. jack smith says no it won't. he just wants to make sure trump doesn't disclose any evidence. so where do you come down on this? >> you know, this is amazing. the media and left want to pretend like this all isn't occurring in the middle of an election season. they want to muzzle trump at the same time president trump's primary opponents, biden, and the entire mainstream media are actually running on these indictments. his -- president trump's campaign opponents are campaigning on these indictments. and he is supposed to say nothing? it's nuts. it's ridiculous. and i'm glad he is pushing back. >> you know, congressman the judge is? anding to know why want to use a grand jury from out of statement why do you think that is? >> they are using grand jury from d.c. where is overwhelmingly pro-biden and democrat one of the most liberal cities in the nation. they have got a friendly operating environment here. much more friendly than increasingly red florida. the other thing the special counsel is trying to do down in the mar-a-lago case is file things under seal. this is a play right out of adam schiff's playbook. you file it under seal just like schiff had the impeachment hearings down in your scif. you guys can't see it. the american people can't see what's going on witnesses can say one thing behind closed doors and go out and talk publicly and say a different thing. meanwhile the department of justice leaks selective salacious details, again, against the leading political opponent of biden in the middle of a presidential campaign. fortunately it looks like the case could pushing back. >> carley: is he facing a whole lot and possibly more charges to come down in georgia. apparently barricade outside the fulton county courthouse. one can draw a conclusion as to what the future will look like there in the meantime, talk about yesterday. the 13 families, the gold star families who lost their loved ones during the horrific withdrawal from afghanistan. they all testified together for the very first time emotional, heart wrenching very important testimony. stephen mchughy joined us earlier in the show. here is what he had to say, congressman. >> just to have a recognition, you know, to have our government say look, we made a mistake, these are their names. we appreciate -- what i explained before, just a recognition. because inevitably the younger kids that are trying to enlist now experiences that our country has it the beretly these families displayed. the heart breaking messages they gave yesterday was certainly something. congressman, two years later, where are we in this investigation into what hap happened? >> well, we're continuing to uncover more and more, despite some disgraceful, disgusting stonewalling from this administration and i'm so glad that these families had a chance to have their say. i give darrell issa credit for having that hearing. i have dealt with gold star family my entire career. i have met these families. of course they are grieving but i have never seen a level of anger from families like these. they feel like they have been lied. to say they still have items missing from their loved ones that they haven't had access to. they have heard nothing from president biden. they feel like he wants to sweep it all under the rug. as one father said yesterday, his son, his marine said be a grown as man and own your mistakes and that's what they are asking of joe biden. car carcinoma congressman, thank you so much. we have to leave it there. "fox & friends" starts right now. >> tucker's former business associate eric schwerin visited the white house during the obama administration many more times than previously known. at least 36 visits. >> america has a right to know if there was pay to play. >> gold star families of 13 u.s. service members accusing officials of failing their children and trying to cover it up. >> this is like a knife in the heart. >> you all need to

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