Transcripts For FOXNEWSW Outnumbered 20240704

1000 are still missing after wildfires raise the Historic Town of lahaina to the ground. Hawaii governor is calling this the worst Natural Disaster in the states history. Survivors say it looks like the apocalypse. This is outnumbered, im Emily Compagno here with my cohost Kayleigh Mcenany and Harris Faulkner and joining us fox news contr contributor tammy bruce and david webb. Shocking video out of lahaina show houses engulfed in flames, as strong winds and Dry Conditions pushed the fire into urban neighborhoods. Some residents had no choice but to jump into the ocean to escape the flames. Shocking photos show this 200yearold church reduced to ash during the wildfire. Satellite shots reveal the full destruction in lahaina. The image on left june 25th and the one on right is from wednesday, showing almost nothing left standing. Mayor of maui claims the coastal town is gone and thousands will not be able to return to their homes for the foreseeable future. The mayor is likening lahaina to a war zone. Closest thing i can compare to is perhaps a war zone where maybe a bomb went off, it was cars in the street, doors open, melted to the ground. Most structures no longer exist and for blocks and blocks of this. Emily we bring in max gordon live in maui. Max. Hey, just horrible images coming out of lahaina. We are 13 miles away at a roadblock. They are only allowing residents in and utility workers thchl is an active scene. We have First Responders going through, search and rescue, still fire and hot spots inirrias. It is not very safe place to be. The death toll continues to rise. 55 people confirmed dead at this hour. Fires are burning across maui. Luckily weather conditions are helping out. Firefighters are getting a handle on the fires, but still no idea why these fires actually started. The most destructive fire on maui west side, which ripped the community of lahaina fed by Dry Condition and fierce winds caused by hurricane dora. According to the governor, the fire destroyed 1000 buildings and damaged the towns famous banyan tree. The paradise now described as looking like a war zone. This is our first time coming back and like actually knowing that our house burned down, we havent known anything for the last couple days, there is no information coming through. People lost everything, homes, jobs, their cars, some their pets. Theres still people missing. Just so much heartache on the island right now. Communication very difficult on the west side of maui because cell towers, phone lines, all burned up, a lot of people dont know what has become of friends and loved ones. Back to you. Emily thank you. People of hawaii are devastated, bring this conversation to the couch. Tammy, i grew up going to hawaii since i was little, i had the honor and privilege of having so many experiences there. I was just talking the other day in lahaina, mamas fish house, sharing how on the menu they always cite the name of the fishermen who brought in the catch, so you know who to express gratitude to when you are eating that lovely aloha fish. The community and devastated and so are we watching. Tammy for many it is great to grow up there, it becomes reachable. This seems exotic, place many people could never dream of going to. It really has extraordinary culture, it is an american state, these are american citizens. Plays incredibly Important Role for security, for vacations and rest and relaxation and what americans can and do learn from culture of the hawaiian people. I miss it a lot. When you live on the east coast, you cant really get over there. What is striking for me and as americans we can relate to each state. We come together in a crisis like this. This is a crisis, even though it is far away. The question also becomes, how did this happen . We have to wonder about when dealing with and some people are moving into political dynamic and talking about climate change. We need to know for an ancient land, where it hasnt happened before, why did it happen now . What was the difference . Think about volcanoes, when you go there, it is magnificent, the power of nature there. You are reminded of that every single day. This is not something you could never have imagined happening. We need to know why so it doesnt happen again and maui is popular for a very good reason. That particular coastline, it is mag 95 cents, beautiful, many resorts along that area. People rely on tourism, all of that is going to stop and slow down. Americans have to come together, really understand the power of the Hawaiian Culture and come together for those people. Emily im grateful you brought up understanding the Polynesian Culture and how many mainlanders get to experience it. Kayleigh wants to personalize eventing. This is a photo of the ahi family and they were there looking for abrahams brother. Their home was spared, the home of their relatives was destroyed and they have not been able to get in touch with abrahams brother. This is one of many. Kayleigh what a tragedy not knowing where your relatives are at a time like this. Sad stories. Associated press out with those they spoke with said sirens didnt go off, according to associated press. Thomas leonard, a mailman from centuries old lahaina did not know about the fire until he smelled smoke. Power and cell service had gone out leaving the town with no realtime information. He just sees smoke, he gets in his jeep and tries to leave, he has to flee the jeep and go to the shore because cars around him started to explode. Imagine trying to get out, one highway through the area and cars are exploding. What did he do . He got into the water, held on to the sea wall for several hours during which wind was blowing hot ash and cinder over him and he was rescued. This is a 70yearold mailman. We need to look into this, how to be better prepared, tammys point. Real loss of life and the death count has gone up and hope it doesnt go up further. Emily such deep history, this is Lahaina United Methodist Church and maui hub where people go to worship, it is burnt to the ground. David fire is a living thing, it feeds, it grows. When you think of it that way and on an island, where does it go . It can encompass the whole island. The effects go beyond this. Personal stories, death toll, things well learn, when you get to Recovery Side of this and i think about something most dont get in the news. I sit on the board of american humane, we rescue animals in disasters around the world. After this is over, insectses, small animals issue part of the ecosystem needs to be brought back or you lose part of the environment on the island and that is important to think about. What happens after, you need to bring the eco system back into balance, if that doesnt happen, you dont have a full recovery. Emily this is a photo of Downtown Lahaina before and after the blaze. I spent countless hours there, my sister used to work there, devastating, harris. Harris yeah, we lost 80 of lahaina, burned to the ground. The weather has more humidity today and max gordon from fox weather reported on my hour last hour, theyll get a break with the wind. The fact of the matter, there is not one single wildfire fully contain. Putting out the fire is paramount. Cindy williams told me her greatest concern moving forward, yes, that businesses come back and the Historical Community and this brought me to tears. Think about all those who are Legacy Members of that Historical Community on the entire arc, not just maui, affect by the fact that the queen of the kingdom was buried on maui and that cemetery area, Burial Ground is part of what they are trying to protect as this island is on fire still. Emily maui and hawaii, we send you aloha and prayers. If you are americans who make small donation to political campaign, to some in the media liberal, you dont know enough about the issues. That is next. The grocery stoe and the gas station alone are taking a big chunk out of our paychecks. Fortunately, youve earned the valuable va home loan benefit. The Newday100 Va Loan lets you borrow up to 100 of your homes value, not just 80 . And with home values near record highs, that could mean a lot of money. Let newday turn your homes equity into cash. Okay everyone, our mission is complete balanced nutrition. Together we provide nutrients to support immune, muscle, bone, and heart health. 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Harris we were told that right about now the attorney general for the United States, Merrick Garland, would be lectern at the Justice Department, expected to speak any moment now from the seventh floor of the Justice Department Briefing Room there. We cant tell you much more than that, because when the alert was put out, as of now and then, we did not know the topic garland might address. There are things going on. There is a doj investigation involving hunter biden, remember the broken down Sweetheart Plea Deal and theyll take another bite of the apple, so on and so forth and see what that looks like when they go before the judge to see if they can find something shell rubber stamp. There is the congressional investigation of the biden family, the money following that the House Oversight committee has done with bank records implicating perhaps things that went on between hunter biden, his father who said he knew anything about business deals of hunter biden, recent testimony of people that have defied that. I want to bring in Mark Meridith who is live outside the doj right now. This happens, sometimes they dont fill in the gaps. Usually if they have something to tout, we find out about it. What is happening . Mark there is no shortage of possibilities what this could be. The attorney general has been under pressure to address Congressional Republican concerns when they had multiple complaints about the investigation into the first son hunter biden was handled. A woman approaching the podium, the twominute warning given, attorney general Merrick Garland will take the podium less than two minutes from now. We dont expect him to take questions, this is likely a statement prewritten. He will come out and deliver it and well move on. Harris, there has been no shortage of interest in the Justice Department from Congressional Republicans who asked for clarification on topics involving hunter biden, the way the Justice Department handled itself under President Biden. A lot of republicans have scoffed at the idea. The attorney general has been under increasing political pressure to answer questions from congress. Rumors or talk about impeaching Merrick Garland even later this year. Nothing that is concrete at that level at this point, perhaps today is opportunity for the attorney general to come out ahead of complaints from Congressional Republicans may be. Attorney general does testify before congress on occasion and sessions can get heated because of number of topics that can come up. Garland was confirmed in March Of 2021 and the white house made it clear they have full confidence in the attorney general. Inside this news conference, the podium, handful of media, our producer is in there. No Indication Garland will talk at this point, he is not one to bark out at questions, instead leave it to the prepared statement, as we have seen. Whether there will be additional topics that may come up, we dont know. Suspense building, the attorney general should take the podium any moment. Harris you touched on what i wanted to ask about, whether the reporters will get recognition, if they have been told he will answer one or two questions, since we dont know what the statement is. They are in the room. That means well get shouted, if you are in there, they will. Mark i got 40 in my wallet, i bet all move my know. Harris this is the attorney general Merrick Garland. Consistent with regulations governing such matters, in keeping with regulations, i have notified the designated members of each House Of Congress of the appointment. In february 2018, after being nominated by former president and confirmed by the senate, mr. David weiss sworn in as United States attorney for The District Of Delaware. Mr. Weiss had been a career prosecutor, having served previously in the office for more than a decade. Beginning in 2019, mr. Weiss in capacity as u. S. Attorney and along with federal Law Enforcement partners, began investigating allegations of certain criminal conduct by, among others, Robert Hunter biden, that investigation has been referenced in Federal Criminal Proceedings In District Of Delaware and noted in the proceedings and other public statements by mr. Weiss office that investigation remains ongoing. February of 2021, u. S. Attorney weiss asked to remain as u. S. Attorney for district of delaware and in that capacity to continue to lead the investigation. As i said before, mr. Weiss would be permitted to continue his investigation, take any investigative steps he wanted to make the decision whether to prosecute in any district. Mr. Weiss has told congress that he has been granted ultimate authority over this matter, including the responsibility for deciding where, when and whether to file charges and for making decisions necessary to preserve integrity of any prosecution consistent with federal law, principles of federal prosecution and departmental policy. Letter to congress mr. Weiss said he had not at that point requested Special Counsel designation. On tuesday of this week, mr. Weiss advised me in his judgement, his investigation had reached a stage at which he should continue his work as a Special Counsel and he asked to be so appointed. Upon considering his request and extraordinary circumstances relating to this matter, i have concluded that it is in the Public Interest to appoint him as Special Counsel. This appointment confirms my commitment to provide mr. Weiss all resources he requests and reaffirming mr. Weiss has authority he needs to conduct a thorough investigation and to continue to take the steps he deems appropriate independently, based only on the facts and the law. Mr. Weiss will continue to serve as u. S. Attorney for The District Of Delaware. As Special Counsel, he will continue to have authority and responsibility that he has previously exercised to oversee the investigation and decide where, when and whether to file charges, the Special Counsel will not be subject to daytoday supervision of any special department, must comply with procedure and policies of the department, consistent with Special Counsel regulation, at conclusion of mr. Weiss work, he will provide me with report explaining the prosecution or declinician decisions reached by him. As with each Special Counsel who has served since ive taken office, im committed to making as much of his report public as possible consistent with policy. Todays announcement affords prosecutors, agents and analysts working on this matter the ability to proceed with work expeditiously and to make decisions guided only by the facts and the law. The men and women undertaking this investigation are public servants, who have dedicated their careers to protecting the citizens of this country. Appointment of mr. Weiss reinforces for the American People, the departments commitment to both independence and accountability, in particularly sensitive matters. I am confident mr. Weiss will carry out his responsibility in an evenhanded and urgent manner and in accordance with highest pradition of this department. Thank you. The authority he needed harris i wanted to wait for a second there, hearing them shout questions, he didnt slow down, he sped up and left the room. There is a Special Counsel in the investigation of hunter biden. We knew the investigation per the doj after the plea deal fell apart he had made and what some termed not just sweetheart, near perfection of coddling, we knew there was ongoing investigation. Now the u. S. Attorney for the state of delaware, the home state of the United States of the United States will be appointed to oversee with all authority the investigation as Special Counsel into hunter biden. Emily, your initial thoughts . Emily his experience of prosecuting White Collar Crime goes back to 1986, there in delaware and including federal law. Interesting history to transition from u. S. Attorney, which he will still remain, to now overseeing Special Counsel. We know per the act there is no constraint on time duration of a Special Counsel investigation. End of every year, however, the attorney general can terminate. We dont anticipate that happening here, interesting we might not answer answers for a while per what weve seen in the past. I see you nodding quite harris a while, the question is would that be after the election . David important to this is Special Counsel can choose to obviously investigate and choose whether it is warranted to go to prosecution or not. I talked weeks ago, this move protects hunter biden, drags this out and Special Counsel says well, it is not warranted prosecution. Harris im not worried about hunter biden, i want to know what protects the president from the rest of the country finding the truth. David if you eliminate hunter biden and devon archer, you draw this out, not about hunter, it is not getting to joe biden. Kayleigh two big names i would love to hear from right now, gary shapley and ziegler. Allegations were against david weiss, who has now been given Special Counsel status, you heard Merrick Garland say there is that letter of Weiss Corroborating Merrick Garlands story saying Merrick Garland, i never asked him for Special Counsel status and hes stood by that, stood by Merrick Garland, testimony is the same. Whistleblowers have Something Else to say and whistleblowers had no motive in coming forward, did so at their own peril and shapley said david weiss lacked Authority To Charge hunter biden and remember, all of the Search Warrants pursued that went unanswered that were stymied. They wanted to search a vessel that had hunter biden key pieces of evidence and that was stymied. Gary shap ley, joe ziegler, a former democrat, they came forward, what do they think today knowing david weiss, now Special Counsel status. Harris will we get to hear from them again . If this goes on and their hands dont get called, outside of the media, who will call on them to talk and testify . Bring in jonathan turley, Constitutional Law Expert and fox news contributor. Jonathan, did we hear that correctly . Were you surprised it is david weiss, Special Counsel in the Hunter Biden Investigation . Jonathan i was not surprised, not as delighted as i would have been two years ago, when many were calling for this appointment. They waited for the appointment of a Special Counsel after the Statute Of Limitations has run on crimes like the Tax Violations in 20142015. They waited until weiss himself was accused of slowing or suppressing efforts. At least the whistleblower suggested he was not able to pursue cases and didnt aggressively push back on that. A lot of questions here, this is occurring as congress is moving aggressively to pursue some of the issues. This new status can slow that process down. Weiss was at the top of the list of congress to be brought in to explain why did you allow Statute Of Limitations to run . Why were biden people tipped off about raids . Why was there interference with investigators trying to interview hunter biden . All of those questions are now likely to be delayed before they are answered. The other thing i noticed, was not in this announcement was Special Counsel to look into the Biden Corruption scandal. He referred to hunter biden, once again. Garland has constantly been carefully framing this issue as only hunter biden. Congress is looking at a broader and more significant Corruption Scandal here. Special counsel would be useful in pursuing that. That doesnt sound like the man that Merrick Garland just gave weiss. Kayleigh jonathan, two questions for you. Weve seen two molds in the Special Counsel, jack smith Special Counsel, public and robust and upon raid and the robert hurr one, that has been quiet, perhaps his face belongs on a milk carton, we have not heard from him. What mold do you think the david weiss investigation fall, number one. Number two, does this cause impeddism into hunter biden and the biden family . Jonathan i think that is the concern, the initial concern is whether weiss is damaged goods. You usually appoint Special Counsel who will satisfy all sides, that this is someone who doesnt bring baggage to the question and can resolve issues. These whistleblowers were critical of weiss. Weiss suggested that he always had this authority. The whistleblowers said he said the opposite to staff, suggested he allowed Statute Of Limitations to run, that is not the suggestion of the department of justice. Reappointment of weiss will raise questions. The investigation, no question that making him Special Counsel will now make it more difficult for congress to get answers from him and from the investigation. It is not likely to deter congress, however, particularly if they are shifting toward Impeachment Inquiry. It goes to what is the mandate here . This goes beyond hunter biden, they allowed critical crimes to expire. For hunter biden, this is a chilling moment, his counsel told prosecutors in open court, just rip it up. As a criminal defense attorney, if i ever said that to a prosecutor in open court, my client would be toast. They would say, fine with us, hit you with everything weve got. The question is whether weiss is going to follow that standard response and say issue let me introduce you to my friend called fara and you will have indictment as a foreign agent. Im going to take a look at other crimes, that is cost of ripping up a deal in open court. Emily jonathan, its emily, just two weeks ago, the Justice Department agreed to allow david weiss to testify before congress about alleged coverup. Does this somehow insulate him from that testimony or can Congress Power supercede any Special Counsel onoculation . Jonathan it is, if he appears as a Special Counsel in the middle of an investigation, youll be able to write his responses on a postage stamp, hell keep saying good question, were looking into it. He will not be very forthcoming. What Congress Expected is that given the essential closure of the tax issues, he could respond to whistleblowers, this Insulates Weiss and the department of justice more than moves the investigation forward. It does not appear that garland expanded the mandate, he changed the Status Of Weiss and he is going to be able now to say there is ongoing investigation, id love to answer questions, but pound sand. Harris quickly, my thought about u. S. Attorney for home state of the president of the United States, as hes now been implicated, according to republicans in the house, per bank records, into at least the need for a deeper investigation, how does this affect their dig on biden . Jonathan well, that is the most glaring aspect of this, that is i think the redeeming moment for Merrick Garland would have been to admit that the public view of his department is at an alltime low, lower than his predecessor bill barr, there is lack of trust that he can look at things independently. He could have said we will expand the mandate and ask a new Special Counsel, not necessarily weiss, to look into questions, including whether Influence Pedalling involved criminal conduct, that would have been the redeeming moment. This is not that moment. This moment gives weiss protection, gives the doj protection issue doesnt give guaranteeses well see a more aggressive investigation Going Forward. I am hoping that wont be the case and i dont mean to trash weiss, we havent heard from him. We are less likely to hear from him now. Harris we heard what people think of him through shapley and ziegler . Jonathan that is the problem. Harris you may not want to trash him, they have facts. Jonathan they have raised very disturbing questions, ive never heard of an investigation like this. And i still cant believe an assistant u. S. District attorney took it upon herself to say, dont ask questions about the president or i will tip off the biden folks or we dont want to go there. Those are pretty heavy decisions to make if youre an ausa. This will make it more difficult for congress to get answers on that, all the witnesses are largely part of the team, except the whistleblowers. The whistleblowers are likely cut out on this process. Harris jonathan turley, thank you for being with us as the news is breaking about the Special Counsel named by the doj in the hunter biden case. Appreciate your time. Tammy, politically, how does this play today . Concentrate on republicans, because they have been doing a rampup in the last week, bank records, Getting Closer To Comer and then just yesterday saying he wants to when he subpoenas the president , when he subpoenas, hunter biden, no longer an if. Tammy of course all of jonathans comments are perfect and weve been thinking about the fact this limits now, you can always argue this is under investigation, i cant say xyz or cant appear. For the American People and what matters, if you look on the surface, you think oh, justice is moving forward. No issue not necessarily, this is a doj, Merrick Garland, the fbi, where there have been no actions that have actually moved the justice ball forward. It has always been about protection and interestingly and this analysis and listening to what people say about this matters. You find out it protects biden and the d. O. J. Beginning of the sweetheart deal, already the gop was saying, we will subpoena people because none of this makes sense. The doj approved that arrangement and harris did great coverage of the judge and her saying what is this, we have never seen this before. This is unacceptable, and it fell apart. The doj was not caught by surprise, they were part of this. This is the same agency that allowed that to occur, people thought there would be immunity perpetually and now a Special Counsel when there are supposed to be accepts and congress involved and finding out what the doj was doing is key we need to find. This is a firewall. Stop nature of what is occurring. Harris david, you are thumbing up to tammy, your quick thoughts . David this is the firewall. Another thing weiss can do is wrap everybody up into the investigation, which allows him to Block Congress as much as possible. Ive said it, ill say it again, the Special Counsel in this case was the best way to protect the path. If hunter biden and it is not about him, path to Influence Pedalling, who had the lever of power, his father, if you cuts the chain, then how do you get to the person you are selling . Look, common sense without legal sense, they go together in this case. The only thing hunter, james, hahaley, anyone had from these generous people giving them money, only thing on the table was the man with lever of power, that is joe biden. Cut the chain, you protect joe biden. Kayleigh bring in White House Correspondent peter doocy live at the white house. I understand there is a lid until 5 30 today and President Biden leaving for delaware 6 10, i imagine you will have questions to shout his way. Peter i always have questions, sometimes we have to shout, that is first time we expect to see the president walking to the helicopter. We have not been told what hes doing today, it is safe bet to believe that he is now aware of this. I have been in contact with a couple different White House Biden officials, they are referring us to the Justice Department or hunters personal representatives instead of comments on this. While you guys were talking, just minutes after the announcement that weiss would be Special Counsel, weiss and his team of prosecutors in delaware who were trying to work out a plea deal with hunter, made a court filing and said the deal is off. I will read the line from a just filed motion. It says during the july 26th, 2023 hearing that the court set on this matter, the defendant, hunter biden, pled not guilty. Since that time, the parties have engaged in further Plea Negotiations but are at an empass, the government believes the case will not resolve short of a trial. That is really big news and means hunter biden is having a bad month. At that hearing, he went in and prosecutors went in, he was inching away from the Plea Agreement that was going to absolve him of any kind of Wronggoing For Future Criminal Matters and the judge of course said it was overbroad, but he was so close to having a Plea Agreement and walking out and going about the rest of his life. Now the prosecutors are saying there is most likely going to be a trial in that matter and who knows what else the Special Counsel will unearth. Dont expect a ton from the president about this. I talked to him generally about Hunter Intrigue in new mexico two days ago, he said he was not involved with the business and he generally has made it a practice to say that he does not direct his Justice Department or attorney general what to do, what to prosecute or not to prosecute. So of course, the president would not be ordering prosecution or Special Counsel to his son. Flip side of that, he is not telling garland not to do it. Back to you. Kayleigh peter, immediately upon your exchange with President Biden, you received a call from the white house, essentially telling you your question was wrong. Do you imagine that kind of back and forth and back in forth in the Briefing Room will be largely stymied with Singular Line of there is an ongoing special investigation . Do you think this insulates the white house pres shop from having to delve in . Peter if they see something out there that they believe changes the narrative, they will engage, i wouldnt expect to get their opinion about the coming and going on this and i dont know we would really have much to ask them about while the Special Counsel investigation is going on because as we see with Special Counsel, they dont really fill us in about what is going on until they have to file a motion in court or until they are presenting evidence of their case. Like with the trump Special Counsel, we dont know what is going on until they release photos or tell us what they pieced together happen. That will probably be the case here, probably be weeks or months until we have a good idea what they are finding. Kayleigh peter, thank you. Harris, one question i have, now they will be able to refer to ongoing Special Counsel investigation, an nbc report and keep jack smith trump and hunter biden and that is david weiss and you have 30 bucket robert hurr. Federal prosecutors talk about interview in classified documents case. Read down into the article and it says biden team would like to know in advance whether a sitdown interview with Special Counsel would include material beyond Vice Presidency and prefer to limit the scope, one person familiar with the noeshgsz said. Hugely problematic and i think the American People will be looking at each Special Counsel. If there is any indication there was agreement we wont get into the senate documents, it will look fishy and ensure the belief in a twotiered justice system. Harris i dont remember who you said was putting out search, all call for on the biden classified document investigation, what happened to the Special Counsel . Lets do a wellness check, is he okay . We havent seep him in so long. One thing i want to know and perhaps peter will shout this at the president , he will have to shout about this topic. Was the president given a heads up like he was in terms of, well, in the other case, hunter biden wanted to be interviewed and we found out from whistleblowers and other receipts unearthed that the white house got a tip about hunter biden wanting to be interviewed by the fbi. Did he get a tip today and why is that important . That leads to the question of how this benefits him. I have to think he gets those tips issue those heads up, not just because it was his son involved, not because it is his classified documents, but hes president and just lately, a lot of questions about how his power has been used. Six policy changes, Raymond Arroyo said last hour, coinciding with money going to more than 20 Shell Companies that are held by the biden family. Policies that were made during his time as vice president. We needed to dig in deeply and ask questions, does the Special Counsel appointment today stop us from doing that as the American Public . Kayleigh its a great question. When people compare, you mention biden getting tipped off. People will ask what kind of tipping off did former President Trump get . Emily so many comparisons, we cant help but to watch if there is fair treatment. Draw out further the fact that in his cap as u. S. Attorney, weiss filing this motion in criminal court, that is big deal, they are motioning to dismiss the information without prejudice so tax charges can be brought against hunter biden in appropriate venue. California and Central District or district of columbia. I wonder if that residence Rectorses Information that was stayed here, a lot of questions surrounding Weiss Authority and governoring of the situation in part led to or derived from both status being pushed aside. The fact parties are at an empasse, it will return to the appropriate venue and i wonder how much will be uncovered and utilized against hunter. This account restore our faith in this situation, remains to be seen. Kayleigh david, one thing that stood out, kerry cupack, she was with the doj while i was White House Press secretary and she asked this and i know emily has a guest to bring in. Why did weiss recommend no time for hunter biden but insisted on year in prison for the former Baltimore Police commissioner who committed exactly the same crime . The commissioner owed far less than hunter biden and ensured he would go to town while he fought to give hunter immunity. Two standards. David do we have to keep saying the glaringly obvious here, no matter what side, only one person with the ability to affect policy, make decisions and to go forward in any way and that is joe biden. All of this leads to biden. We are supposed to believe all this generosity of time, changing of charges, notifications, stopping search of a storage facility, where does this go . It doesnt top at hunter biden. It is right not to focus on hunter biden, but where it leads. Lets not forget, tony bobulinski, devon archer, other partners, various enemies, over 170 sar reports issued by banks. Morgan stanley, an investigation shut down by the sec five or so years ago, why are all these things there without any lead . They dont just stop at one person, they have to lead to someone with the ability, with the power and someone who bragged about it in the council on foreign relations, im gone in six hours, and that prosecutor is fired or you aint getting the money, man. Harris on camera. Speaking of on camera, i asked whether or not the white house was given a heads up before this announcement. We just heard on background from senior doj official and on to the fox news room, white house was not informed before the announcement. Emily, any quick thoughts on that . Emily fascinating update, we have more to come. Bring in Mark Meridith, who is live outside of the Justice Department. Mark. Mark we are getting our first reaction from Congressional Republicans about what transpired in the last hour, a spokesperson for jim jordan, makes it clear they dont believe david weiss is right man to handle this job as Special Counsel, even though he was overseeing the Hunter Biden Probe to begin with. Spokesperson for the congressman saying they dont believe he can be trusted and they believe the Whistleblower Testimony painted a damming light on this investigation. One key point Going Forward is the timeframe. You have president ial election gearing up, inching closer and closer, will the Special Counsel plan to testify in september or october . Justice department offered four dates we knew david weiss would be there to talk. We have seen Special Counsel go and testify before congress before, that is traditionally after their work is financed and information disseminated. Big headline is the two parties working to get a plea deal put together between hunter biden and u. S. Attorney in delaware, that deal was essentially off and they are going to go to trial at some point. Yes, things could change. Whether that will happen quickly, yet to be seen, especially if there is change of venue, you can imagine how long this process could drag on, think what that might mean for the white house, the president s reelection campaign, headaches will pile up, every time there is a filing or motion or hearing, it will bring in continued questions about what this has meant for hunter biden and the biden family overall. We already hearing from pretty powerful republicans just yesterday includingir chair of House Oversight james comer, who is ready to subpoena members of the biden family, i imagine hunter biden, dont know who congress is trying to force to testify before then. That would happen on parallel tracks same time the Special Counsel is handling his investigation. With Special Counsels that have come and gone, we dont know when the work will finish. It could take a month, a year, two years, there will be a gesdzing game that will happen without much leaking or information happening. Well be reading the tea leaves Going Forward, imagine for the attorney general, he says the u. S. Attorney asked for Special Counsel status and he granted it within a matter of days. From what were hearing from republicans, this is not satisfying anybody. Emily. Emily thank you so much. Tammy get your thoughts in a moment, what mark said has to do with level of Preparation Districts have underwent before it being switched because of the plea discussions, but as Special Counsel david weiss wrote in this motion, the government now believes the case will not resolve short of a trial. Tammy i think Blanket Immunity was key for hunter biden. Now they cant do that, it has been exposed. That moves that along. The additional issue is nature of biden being the candidate. Problems about whether or not he should be running, this is another element, they want all news to be about trump, this begins to eclipse that and changes what they thought their narrative would be and that is important to note. There are ways republicans can make a difference and they have to be creative. Would impeachment against biden open up more about the question of what hes doing, Impeachment Inquiry against Merrick Garland, they cant sit back and say, we cant do anything now, that is key. In the meantime, it is really a matter for republicans to make sure they realize that at least even democrats know this is now out of control. As harris did on Faulkner Focus prior to the program, when we think about the shell corporations, only one reported when it comes to who would be subpoenaed when it comes to the biden family. Hunter biden, haley, unnamed biden Family Member receiving money, six figures, all of them, that is one of 20 million. Interesting to find out. There has to be all roads should lead to rome, all roads could lead to biden, which roads are not blocked. Have to take action, American People know this is inappropriate, only congress can do it. No one means well in this process, they have to move through and deal with it. Kayleigh emily, the American People 8 be looking at the timing of this, Harvard Harris poll after the first trump indictment, Majority Knowledged it was political and majority believed doj wasnt appropriately looking into hunter. Think about the timing, jack smith asked for january 2 start date. He was appointed in january, little time ago and rapidly brought the charges. Compare that to david weiss, who has been investigating hunter biden on tax evasion and a gun charge. When will the trial start . Will it play out in the way the trump trials are playing out . American people will ask questions, they are smart and enterprises, it is test for the Justice Department. The American People will ask, why this there and that there. I hope both Special Counsels realize the real burden on their shoulder heading into election. Harris i think to bring in Andy Mccarthy, david and come to you shortly, former u. S. Assistant District Attorney and fox news contributor. Something our producer sent out, i want to know the importance of it. Doj drops hunter biden Plea Deal Case in delaware. Well, i hadnt heard that, only thing charged in delaware are two misdemeanor tax counts, they have not indicted the hunter biden case, which is why Statute Of Limitations harris it can happen, let me finish the sentence and you go with it. The doj moved to dismiss the hunter biden plea deal in delaware. Andy . They are dismissing nothing, it is two misdemeanor tax pleas, they have never indicted the case, Under Weiss Statute Of Limitation continue to run, that is reason the 2014 and 2015 evidence is no longer in the case. I will point out defense was willing to wave this to give global plea that would give hunter complete innocence bath. Behavior like the Burisma Bribery and hunter being on the board and other behavior weve seen out of 2014 and 2015, what struck me yesterday reading the new report from the House Oversight committee is that all of this spectacular 20 to 21 million evidence they laid out, vast majority is from 2014 and 2015. Statute of limitation for tax offenses in United States is six years, the statute of limitation for Everything Else is five years, everyday weiss doesnt go in to indict the case, the case is disappearing and people ought to understand, what makes a Special Counsel special is an attorney is brought in from outside the government. There is a statute, section 603, qualification of Special Counsel, it says Special Counsel shall be selected from outside the United States government. Not just outside the Justice Department, outside the government. That is because there is Conflict Of Interest that prevents the biden Justice Department from investigating the president s son for conduct that implicates the president. This guy is just the vehicle for them to flush the case. Harris is there Conflict Of Interest to have this guy, david weiss, now remain the u. S. Attorney in The District Of Delaware . You know, joe bidens home state, where he spent 40 of his time during presidency, is that Conflict Of Interest . Also to have complete authority over an investigation into his son . Of course it is a Conflict Of Interest, because hes still a member, a top official in the biden Justice Department, he is president ially appointed United States attorney for district of delaware and under Special Counsel regulation, not qualified, not eligible to be a Special Counsel. This whole thing is a sham. Harris my goodness, Andy Mccarthy, thank you for joining us, you are saying this gives headline that says something is dismissed, you say it is smoke screen, it is running out anyway. Thank you, i appreciate it. David, what is on your mind . David three words i wrote and every one should go back and watch what Andy Mccarthy just said. If you want this to go away, you let it run out, the clock is running. And his point about the law and how you appoint a Special Counsel is important. They are actually violating that. You go to 28600, its not what should be done. This is a way to protect the president. I would argue as you noted at the beginning of the show, it really isnt hunter, fine. If we cant get him on his charges, what is not over is what joe biden did in the process of what hunter was doing. So, thats the key, i think, here. Is having him not be having him fear that it puts him at risk but the fact is the investigation into what now they have to admit, its about joe biden. Can the house get those documents now . Thats what i want to know. Remember, it was touted that the Shell Companies would take ten years to disentangle, comer is getting the bank records, now a roadblock. The title of the Motion By Weiss was the United States motion to voluntary dismiss voluntarily dismiss criminal Tax Information without prejudice so that tax charges can be brought in a district where venue lies. So contrary to those liberal headlines of dismissing charges it is not, it is dismissing the information so charges can be brought. Do you think they will be . Yes, maam. Well cover every second of it. They could be hunted but cant hide no, America Reports now. Im here today to announce the appointment of david weiss as a Special Counsel. Mr. Weiss in his capacity as u. S. Attorney and along with federal Law Enforcement partners began investigating allegations of certain criminal conduct by, among others, Robert Hunter biden. Mr. Weiss advised me in his judgment his investigation had reached a stage at which he should continue his work as a Special Counsel. Sandra and thats the breaking news in the hunter biden