that the judge piped up and said i'm not going to be a rubber stamp for this unprecedented plea deal. that fell apart as you remember. here's the question for this afternoon -- did things just to get a little better or little worse for hunter biden and potentially by extension, for his father who was running for president. there's a lot going on behind the scenes here on this friday afternoon, what it says, this means that a trial is in order but where? would it be in d.c., california, does it move it off his plate? there's a jurisdictional question there about where this all goes, also the timeline, the clock is ticking on these charges. some of these are displayed to run out while all of this plays out under the statute of limitations, here's attorney general merrick garland announcing all of this a short time ago, watch. >> upon considering his request as well as the extraordinary circumstances relating to this matter, i have concluded that it is in the public interest to appoint him as a special cou counsel. >> tristen levitt attorney for irs whistle-blower gary shapley who is a major player in all of this, if he had not spoken up i think there's a lot we wouldn't know. we will be with him in just a moment, first to justice correspondent david spun to us at a very busy morning getting all of this out there to us, hi. >> good afternoon. david weiss the new special counsel's profile just raised immensely, this is a job he asked for according to merrick garland he came to the attorney general recently and asked for this appointment. as we know, merrick garland has been under tremendous pressure to appoint a neutral special counsel but as you just mentioned and republicans are saying, he is not neutral, still the decision has been made and it is final. >> today's announcement affords the prosecutors, agents and analysts working on this matter the ability to proceed with their work expeditiously and make decisions indisputably guided, only by the facts and the law. >> he will have an expanded staff even more power to independent operator special counsel but his investigation may delay the republicans investigation in congress. he was supposed to testify in late september or early october about that failed the plea agreement to the one we know is off the table. a spokesman for jim jordan tells fox news we expect the department to fully cooperate with our investigation including not interfering with the 11 transcribed interviews we have requested and david weiss upholding his commitment to testify at. we have not heard anything from the department indicating it is no longer willing to do so. in this new court filing dimension to california and d.c. for potential venues. we know the parties have engaged in further plea negotiations but are at an impasse. the government believes the case will not resolve short of a trial. all of that talk about whether david weiss came to merrick garland months ago to be named a special counsel last year, this plea deal in delaware, that's all off the table. we are likely going to see this go to trial and as you said this is the same david weiss one month ago was in the courtroom with hunter biden and wanted to enter into this plea deal with him. now it's likely he's going to try to put him behind bars when this goes to trial. i'm not saying if, i'm saying when because it appears the government is already reached that conclusion. >> martha: fascinating. let's bring interest in levitt, attorney for the irs whistle-blower gary shapley. great to have you on the program, thank you for being here. i actually want to start by playing some of the testimony of mr. shapley's colleague who came in as the second whistle-blower and corroborated what your client said about what it was like to work in this office and to find these felony violations as they sought only to see them get back to bernards. here's what he said back on jul. >> it appeared to be based on what i experienced of the u.s. attorney in delaware in our investigation was constantly hamstrung, limited and marginalized by doj officials as well as other u.s. attorneys. i still think that a special counsel is necessary for this investigation. >> martha: he's saying the same person who now has been named special counsel was hamstrung and limited and told them in that meeting according to their testimony, i know you think you have a case here but my hands are tied in this whole thing, why would he be chosen to push this further? >> for several reasons i think. it's clear that the department of justice is looking to avoid further transparency and accountability for everything that's happened in the delaware u.s. attorney's office. a tough thing to recognize here is today's move unquestionably indicates the whistle-blowers who pointed out that weiss asked for the authority a year ago. he was telling congress he had all the authority needed clearly didn't if they had a tickle the steps they did today. the move to appoint him as a special counsel no doubt is designed to quiet some of the questions about this but the same questions remain about his independence, his credibility. the train has long left the station on that one because of the mixed statements that he has given to congress and also because he oversaw the negotiation of this sweetheart plea deal which is now fallen apart. the only reasoning for this i think again -- part of it is to bring these charges against hunter because of their move in delaware to try to sneak this past the judge failed to. now they are boxed into a corner, they had to do something but as the whistle-blower said is what happens. to bring those charges, david weiss had to have further authority which he maintained that he had and now he has finally been given but clearly didn't have before. >> martha: merrick garland didn't say he came to me a year ago and asked for this authority, here is the reason why i decided i'm going to bring it now and i didn't want to bring it then. >> right, he hasn't addressed at that but that is the clear elephant in the room. if weiss set a month ago he had all the authority he needed why would have to go to garland on tuesday and ask for this new authority? this is what the whistle-blowers were saying, weiss told them last fall he already had this authority, he got shut down and because of this the d.c. charges have lapsed. what pursuits they are able to do at this point you're looking at d.c. and looking at california but all of this has come about because the whistle-blowers drew attention to this investigation because otherwise i think it's very likely we would've heard nothing about this including a plea deal. it would have stayed dormant as it had since last october but they rush this plea deal as soon as they knew gary shapley and joe ziegler's testimonies were coming forward to. the plea deal has fallen apart and this is showing the world with the whistle-blowers before about weiss not having the authority was accurate all along. >> martha: how does your client feel about this today? i can imagine what went through his mind when he heard there's a special counsel, his ears perked up -- this is interesting. that he finds out the special counsel is the same person who sat in the office with him and said sorry, forget it. this is going away. >> gary has been at the internal revenue service for 14 years. he has pride in his work there and he has worked countless u.s. assistant attorneys, they speak highly of him and he speaks highly of them, but this case single-handedly has really, really soured how you view the american justice system. he felt the irs would back him up when he pointed out how the irs has been undermined in their case including when they took him and joe off the cases, the case agents in the irs didn't do that. he tried to give david weiss the benefit of the doubt, there were bureaucratic roadblocks, administrative delays but what it's come down to is weiss and garland told the american people some of it wasn't true and for them to double down on the still -- that train has left the station, the time has come to appoint an independent special counsel. to select weiss at this point is to spit in the face of americans. >> martha: andy mccarthy says it's improper to appoint someone who is part of the government, the whole concept as you want to appoint someone who's outside of the whole situation to be impartial. thank you very much, good to see you as always. let's check in with senior congressional correspondent chad pergram and get the latest on how this is being received on capitol hill. >> republicans called for a special counsel but not david weiss since he can't be nullified plea deal with hunter biden. >> i have some question about weiss doing it because johnson and i sent all of this material we had from the cafe bank with regard to payments that were made to hunter biden, they never did anything with the 1023 document that i got released. >> house speaker kevin mccarthy says biden's doj cannot be used to obstruct congressional investigations or whitewash the biden family corruption. a spokesman for judiciary committee chairman jim jordan said david weiss can't be trusted. his committee expects him to testify. before this, he gave jordan a a list of days he was available but previously john durham only spoke to congress after the reports were complete, republicans since a stone wall. >> we are going to let this go. mr. weiss you're not off the hook here, this friday afternoon gambit is not going to work we are going to continue to ask questions about the biggest sweetheart deal in the history of america, we aren't going away in congress. >> republicans say he previously said he was in control of the probe further indications that he was big footed from above. >> he said he was denied the ability to bring charges in california and d.c. and also a special counsel. however, he has given us multiple statements to congress, two different letters to jim jordan on one letter to lindsey graham and all three of them are saying something different. >> sent judiciary committee dick durbin says merrick garland avoided even the appearance of politics by appointing weiss but he also says he trusts weiss. >> thank you very much for that, let's bring in house oversight committee member texas republican pat ballin. could have you here, thank you very much. what's your reaction to this big news today? >> admittedly at first i thought special counsel, great. then when i hear it's david weiss a lot of paws for the reasons guests just mentioned. he had this case for years and hasn't done much with it, the irs agents said he was hamstrung but then he announces he has full authority, that was true, why would he need to be appointed special counsel? pretty much anybody but david weiss that can be independent would be great because you have to remember a gal named leslie wolf who worked for him one of his assistant u.s. attorney's was the one who tipped off hunter biden's lawyers about a storage facility they wanted to search. >> martha: i'm glad you brought that up. leslie wolf who worked under david weiss according to the testimony of the whistle-blowers waved them off, you can't go to the guest house in delaware, he can't do a search there, it's not going to fly. 's residence was a suggestion the whistle-blower implied what she meant when she said that to them. we all were number the phone call where hunter biden is picked up saying to this chinese business partner, you better pay me now, my dad is sitting here with me. if you don't pay me this money right now we have very long memories, all of that to that effect and they were told the irs whistle-blower said they were told we can't do a location trace on that phone call either. >> they wanted to ask you dad was in these emails, who the big guy was. all fingers are pointing at joe biden when he was shaking down the chinese businessman about my dad holds grudges, you better pay us they wanted to search the guesthouse where hunter biden was staying. leslie wolf was the one who said the juice wasn't worth the squeeze. i think we should have squeezed that lemon we would've had some lemonade but we'll never know. it's inexcusable she tipped off hunter biden's lawyers and the said they want to search this storage facility. anything of note there was met with the gasoline and a match. >> that's not the way any of this would work for you or i or anyone else who would be in this situation with the irs when they want to know whether money is and why they haven't gotten paid to. i'm curious how you see is politically. as you said, maybe the doj wants to make it clear that they are not afraid of this case and this story. do you see this -- is this a good day or a bad day for hunter biden ultimately i guess my question. >> that's a great question, $64,000 question is they used to say. part of me looks at this and says this was a political move by the by the administration to be able -- so joe biden could say in october of next year, we appointed a special counsel and they didn't find anything. for those independent voters out there that don't follow politics they don't watch fox news they might say okay, good job. not knowing that it's david weiss, the guy who didn't do anything with this for years. cynically that could be the case, i'm hoping it's not but his track record leads me unfortunately to lean toward that conclusion. >> martha: they also said they are continuing to investigate and the department of justice would not respond when our justice correspondent david spunt inquired is the president any part of this investigation? is there an investigation into him as well? they had no comment on that, what do you of that? >> joe biden as part of our investigation on the oversight committee. if the irs in the administration wanted to make a good, how about reappointing gary shapley and joe zigler to this case, the agents that no one have been proven on all these scores of other cases they worked on to be some of the best people in the world at this kind of forensic investigation. that would go a long way i don't think it's going to happen. >> martha: i think you're so right. i think we have to have a society where we give whistle-blowers respect for coming forward, obviously it's always a huge burden to bear on their families, on their security and on everything. i think if the irs were to say let's see what you have in all due respect and understanding and respect for your work with see what you have here. here is james comer, the head of the oversight committee. here's what he said -- she said "this move by attorney general garland as part of the justice department's efforts to attempt a bite and family cover-up in light of the house oversight committee's mounting evidence of president joe biden's role in his family's schemes selling the brand for millions of dollars to foreign nationals. do you think they will succeed in pushing this process past the election? >> if you appoint a real special counsel -- i'm not out to get the bidens come i'm not out to get joe biden or hunter, we are out to get justice. if they have done wrong they should pay the consequences like anybody else. of course it's a big concern of ours this is a two-tiered justice system and the bidens are being protected because i can give you instance after instance we can take up your entire show about how they have been protected thus far and this needs to end immediately, we have have equal justice for all. >> martha: pat fallon, thank you very much, good to have you back. as i just mentioned, the justice department not saying whether it is investigating president biden as part of this case, given all the information that the oversight committee has dug into with these shell companies. we remember the email that said i hope you don't have to give pop, meaning joe biden, 50% of everything all the money that you make. must go to white house correspondents peter doocy with his reporting on all these developments today. >> as some folks on capitol hill try to connect dots from hunter biden and his business dealings to president biden and his finances in his accounts, it is worth revisiting president biden denying any of those connections only two days ago. >> this is testimony now where one of your son's former business associates is claiming that you were on speaker phone a lot with them talking busi business -- >> i never talked business with them. i knew you would have about the question? >> why is that allows a question? >> because it's not true. >> thank you mr. president. >> even knows a lot of talk about special councils finding things that were not intending to find her were not initially charged with finding, president biden says there is no there there. something he has said a lot, members of his administration have set a lot on this issue is the doj operates independently. he's not going to tell them who to prosecute, who not to prosecute and he has said that in answering questions about the investigations into his son. however, just because he's not telling them who to prosecute does not mean he's not already prejudged this case in public, something they would be able to see on youtube. look at this. >> i'm confident. >> that was back during the covid days so my question was hard to ask but that was december 2020. i asked him if he is confident his son hunter did nothing wrong and he told me he's confident. he's got nothing on the schedule today we know he talks to the governor of hawaii but wildfires out there, we don't expect to see him until he departs for the beach house around 5:00. >> martha: thank you, been a busy week. good to see you. let's bring in jonathan turley, george washington university law professor and fox news contributor, great to have you with us this afternoon. saw you earlier today right out of the gate as this news was breaking. now that you've had time to digest it and to dig in, what are your thoughts on how our viewers should perceive what has happened today? >> it hasn't improved with time, the problem with this appointment is manifests. garland had the opportunity to do two things to regain the trust of the public. he could have appointed someone else as special counsel and he could have expanded the mandate, he could have said there are a lot of concerns about influence peddling, crime associated with the biden family, we are going to have all of those investigated independently. and we will take it where it needs to lead, he didn't do t that. he kept referring to the mandate of investigating hunter biden and he appointed the individual who has been criticized for weeks, accused by whistle-blowers of being the head of what they suggest was a fixed investigation. that is obviously not going to help the public trust. >> you look at this investigation at oversight has been doing and i think the point has been rightly made that if republicans weren't in charge of this particular committee, you would never have seen a lot of this information, it would have likely come to light under a democratic led oversight committee in his political environment. the tool the oversight committee has is they can dig in, they can witness -- bring in witnesses, get testimony, but then it has to go to the justice department's. they have to pass the ball to them because congress can't prosecute any one come all they can do is put out to the public sphere and give doj what they see as a solid reason to move forward to. did garland essentially say to them today you're not getting anywhere? >> the most immediate impact of this appointment will be to insulate the department itself. weiss was supposed to testify in congress it's highly unlikely, if he does it's unlikely he will give any real information. there is another road here. by not expanding the mandate, garland may have fueled calls for the impeachment inquiry. impeachment is constitutional kryptonite. no court that i know of would say congress does not have a duty to investigate allegations of corruption by president biden and his family. this does not appear to be within the mandate laid out by the attorney general and i want to know something else, why would you answer that question? you just gave greater specificity as to the mandate with regard to hunter biden, why wouldn't the justice department answer clearly one of the president's within that mandate to? it speaks quite loudly to the rank and file. it suggests we are not on board with investigating the president's. you have to keep in mind this was the attorney general that said weiss had sweeping authority to investigate hunter biden any of this investigation was accused of being fixed and obstructed. >> martha: it strikes me, the justification for not looking more closely at whether or not the president was receiving money from these deals always seems to go back to -- he said he wasn't. the reliance is on the president saying i didn't have anything to do with that. that is supposed to be enough and everyone supposed to move along. i want to ask you about this farah issue, this is one of the reasons the plea deal fell apart. the judge said i would look into violations of registering as a foreign agent which it doesn't appear hunter biden ever did while he worked with countries all around the world's. does that indicate this is still open, that part of the investigation is ongoing? what confidence do you have that it is? >> i would expect this would be one of the issues the department is looking at. one hunter biden's lawyer turned to the prosecutor in court and said just rip it up, most prosecutors would say welcome to fara land. i don't understand how it cannot be charged already has a foreign agent. they could max out the charges on this very narrow ground with hunter biden but the question is whether they are going to continue to studiously avoid inquiries related to the president. we know of $20 million going through two dozen shell companies and accounts to biden family members. many in the media made want to engage in willful blindness but that is a lot of corruption that has been alleged that has been linked to the president's family and to say that he doesn't get a benefit from this money going to the biden family fund is ridiculous. i think the public sees it that way. now that garland has expanded that mandate there may be a green light to congress to move forward with this inquiry. >> martha: very interesting. with regard to one last question for you with a timeline and the statue of limitations. if were supposed to believe that weiss is starting as special counsel to dig in and do you think you will ever oversee the charges from that original plea agreement or will they be in other jurisdictions and will at all move off of his plate? the time is running out. >> he will oversee it because it falls within his mandate, all the tax issues related to hunter biden but he allowed crimes to expire, what was most worrisome is the whistle-blowers said they had a deal on the table to extend it and he let it expire. the question is what can he move on at this time? as part of the reason why he is viewed damaged goods. the whole point of appointing a special counsel as to assure the public that we have someone here who is unimpeachable, that's not clear in the view of many. >> martha: thank you. jonathan turley joining us this afternoon. let's bring in former secretary of state and fox news contributor mike pompeo come always good to see you. thank you for being here today. we are now in a situation where there are three special councils that have some sort of connection to the two individuals appear to be the likely nominees of their party for the presidency, what you make of all of these cases, all these investigations and how do you think america looks at all this? >> thanks for having me on, today's announcement doesn't seem all that special to me. i think they're precisely like the fact that it was weiss who signed off on a deal that was unheard of and i'm president, the prosecutor admitted had never been done before suggested that weiss is no more likely with his new title, his new role to actually investigate the potential corruption of the current president of the united states than he was before he had this title. i think they look at these underlying facts and they watch the criminalization of acts that are being taken and they are puzzled by it i know the rest the world is staring at it as well. we have to have a justice department that is clean, that represents the american people and not as political as merrick garland has made this a justice department under president biden. when they see that, when they see a raid at mar-a-lago and a tip to the items so they don't find evidence, that's not political, that's just common sense for many, they know that's not crooked, that's not right. that's devastating to the central institutions. >> americans will look at the situations as they think they want to choose for the next four years as president of the united states and you're going to see attorneys on both sides try to get these things pushed beyond the election time frame. it's good to be very interesting to see which side is successful at that and which side is not successful at that. the former president is complaining about this which is no surprise, here is a post from former president trump. he said deranged jack smith has just asked for a trial on the biden indictment -- he means that january 6th case because there's two of them to take place on january 2nd, just ahead of the important iowa caucuses. he said only an out of touch lunatic would ask for such a date one day into the new year and maximum election interference with iowa. let's also put up the calendar which shows all of the trump legal dates overlapping with all of the process for the primaries that stretch from the beginning of the date all the way to election day in november, do you agree with him on that was not >> it's a mess, there's no doubt about it in the american people will struggle to figure out what is real and what is not real. i hope we get to have a robust debate about this. the fact that the biden administration has so callously thrown this into the first part of january when they had an awful long time to do this. january 6 was in 2021. an awfully long time ago, for them to have sat on this and brought these charges when they knew this was in the middle of of the political contest, i don't know if there's for that. the justice department during election years is a where they try to avoid prosecutions of impact the voters chance to vote for the people they want to. the biden administration has mocked that up and it is going to make a mess for us in the whole world is watching this chaos unfold and i hope the american people can sort it all out. i'm confident they will. a prosecution that begins on january 2nd of next year is something that surely appears to be politically timed. >> martha: i was saying to nikki haley a short time ago, she was out in iowa and she was saying she doesn't get a lot of questions about the trump case or the biden case but she gets a lot of questions about trust in the justice department, trust in the fbi, all of this which crosses over all of it. throughout their hands hands and have a lot of mistrust. secretary pompeo, good to see you. in moments, we'll and speak with andy mccarthy and jason chaffetz on all of this but first, clay travis and joe concha as the media and some democrats are quick to downplay any notion that this is criminal activity because the president has said it isn't. >> there isn't a scintilla of evidence that shows president biden did anything wrong in connection with hunter biden. i think mr. weiss has not surfaced any such evidence because there is none. diabetes can serve up a lot of questions, like, "what is your glucose?" and "can you have more carbs?" before you decide... with the freestyle libre 2 system know your glucose level and where it's headed. no fingersticks needed. manage your diabetes with more confidence. and lower your a1c. the number one doctor prescribed cgm. freestyle libre 2. try it for free at freestylelibre.us hi! need new glasses? buy one pair, get one free at visionworks! how can you see me squinting? i can't! i'm just telling everyone!...hey! buy one pair, get one free for back to school. visionworks. see the difference. ♪ ♪ >> martha: some people in the media are seemingly playing judge and jury on these allegations about corruption and where the $20 million came from and who was taking part of that money and putting it into their pockets, some saying it's sleazy but it's not criminal, watch this. >> let's posit for the sake of argument that hunter biden is sleazy and the president's relatives try to profit off the biden family brand, something cnn has reported on, what is new in this memo? >> martha: let's bring in our panel. joe concha columnist for the messenger and fox news contributor and out kick founder -- i didn't mean to say clown, out kick founder clay travis, she said. to make it up to you let me start with you. what do you think about the way this story is covered, i find it interesting, the trump russia collusion story is out there, this was the kind of language that was used about it, let's watch this. >> when will the president actually answer some of these questions to put some of this to rest himself? >> he just did -- >> he didn't answer whether or not he was on speakerphone in those meetings coming is he never talked business to anybody. >> the question was about business and he answered it consistently with what he said so many times before. >> the political hurricane is out there, we call it hurricane vladimir, the whole russia thing. >> this is evidence of willingness to commit collusion. >> outright treason, there is no question that what he's doing is giving aid and comfort to the enemy. >> there's a lot there we have both of those sound bites. what strikes me is if it were same way during the russia collusion and the reactions were hold on, let's see where this whole thing goes but it wasn't that way at all. now we see this reaction, the president says there's nothing there so everyone should just accept that. >> i just jotted all this down, i keep hearing and reading there is no evidence that hunter was connected to joe biden. actually there's tons of evidence and i'm going to hit you with several of them. 10% from the big guy, my dad -- this is hunter biden on a whatsapp message, my dad sitting next to me, you better pay or else effectively, that is to china, that is a pretty significant evidence that joe biden was involved. we now have under oath testimony from devon archer that joe biden made calls to business partners. there is a letter where joe biden congratulates devon archer on being in a partnership. the breeze and the prosecutor was fired, that prosecutor says biden was involved, hunter biden is being paid millions of dollars and joe biden himself bragged that he did it on tape two a russian oligarch paid three and half million dollars to the biden family after meeting with joe biden, there are tons of the bits of evidence of a department of justice cover-up associated with the investigation into hunter biden -- you may not think that proves there is a connection between hunter and joe biden, i think it definitely does as a group, there's tons of evidence that they are involved together. >> it certainly ought to pique any legitimate journalist or reporter's curiosity keep digging into that story. that is all that's required in the job, to have curiosity and to keep asking questions which is what i was doing with john kirby yesterday. here is a sunday show coverage of the devon archer transfer let's put this up and you guys at home you can see what that looks like. why are they so doggedly saying there's nothing here and everyone should just move along? there's no tie and that needs to be accepted as fact. >> because journalism unfortunately has morphed into activism. these networks compete with each other, abc, nbc, cbs, cnn, he would think one would want to get to the story first the way "the washington post" did 50 years ago. given all the dots here to connect, if there are still any investigative journalists out there that want to w restore integrity to this industry, pursue this with the same meticulous vigor. if you study that, those two reporters worked on that story which led to the resignation of a sitting u.s. president for two years. they did not accept with the administration and the president's allies were telling them which is the exact opposite of what we are seeing for most reporters today, they lost that curiosity jean central to the institution upholding the powerful accountable. we see them in lock step outside of this network in the broadcast news arena, this nervous, utterly unconvincing insistence that there is no evidence whatsoever linking joe biden to the $20 million the family received through shell companies to ten members of the biden administration. by the way, head of that family didn't receive a dime, they will insist. james comer's investigation in house oversight started six months ago. if you compare it to watergate we may have a long way to go to declare judge joe biden joe biden innocent while not pursuing this story is a journalistic malfeasance. >> you would think with the amount of egg on faces there was after the russia collusion situation, which i think brit hume called it won the biggest travesties in the history of journalism or something to that effect in a way only he could put it you would think there would be a hunger to get back on the right track and cover this in a more forthcoming way. thank you very much, good to see you both on a friday afternoon. we'll see you soon collaborate weekend. >> appreciated. >> martha: a mixed ruling from a judge and former president trumps 2020 election election case about special counsel jack smith's request to have a protective order on the former president limited what he can and cannot say about this case, justice correspondent david spunt david spunt covering a story for us this afternoon, has all the details from washington. >> this ruling just came down from federal judge tanya chutkan not long ago. i was in the courtroom for several minutes and i could tell you she was tough to both sides intently questioning both the government and donald trump's legal team. the only reason we actually had this hearing today was because of the truth social post from last week where the former president posted something along the lines of if you come after me or if you go after me i'm going after you. his attorneys say that was aimed at political rivals but jack smith as you see on the right of your screen the special counsel took that somewhat as that a potential threat to witnesses and wanted to limit what trump could talk about at rallies and interviews on truth social or any other type of venue. the judge said donald trump is limited to not talking about sensitive material. she did not give the government everything they wanted to. the government doesn't want him to talk about basically the entire case but she did rule he could talk about certain things but not sensitive materials. i'm looking at the definition here in her ruling, the definition of sensitive materials, materials obtained through sealed search warrants, recordings, transcript interview reports, relive the exhibits of witness interviews. in layman's terms this means that if mike pence is a witness, donald trump will likely be able to read some of that testimony that was given to a grand jury but he's not allowed to turn around and talk about it publicly or at -- or in an interview or on social media. he's not allowed to take notes. he can't take pictures and any notes he does take have to be scrutinized by his legal team. it's somewhat of a mixed bag at both sides will be back in court on august 28th for another hearing. >> martha: complex set of questions to deal with in the middle of a presidential election, that's for sure. we bring in former federal prosecutor andy mccarthy and former oversight committee chairman jason chaffetz, both are fox news contributor's. on what david spunt was just reporting to start with, that is very interesting reading the back and forth between the attorneys and the judge in this case today, there try to tell him what he can and cannot say on the campaign trail with regard to this case. the attorney for trump said we are in uncharted waters, his opponent has the doj bringing charges against him. she said the fact that he's running a political campaign has to yield to the orderly administration of justice periods agent dusted a trump might release evidence about former vice president mike pence's testimony. to denigrate him as a witness. that is tricky territory when you get into an environment where these candidates are running against each other and one of them is testifying against e of the other. >> i think there's much more of a history here that ought to be taken into account. i find it outrageous how sweeping the justice department is trying to clamp down on what he said. let's remember, t the biden justice department worked in coordination with the january 6th committee which ran these very high profile, some of them ready for prime time hearings where they put a very definitive one sided spin on everything that was known about the january 6th investigation. and then when jack smith the prosecutor indicted trump, he gave a three minute statement and two and a half minutes he spent speaking about the capitol riot which isn't charged in the case. you have the government which i think is being very heavy-handed in influencing the jury pool about what to think about the case and yet they are trying to clamp down on trump's ability to respond. i understand what the concern -- it's always a concern in the criminal case that you don't want witness tampering, but he's got to be able to respond. it can't be taken spin the public and he's got to stay silent. >> martha: jason chaffetz, good to see you as always. what the impact for congress and their investigations into these questions now that the special counsel -- david weiss has magically turned into a special counsel. does it hinder where congress is going on all of this? >> i think it does come i think the department of justice can help run up the clock, they will use a special counsel as cover to not provide david weiss for testimony, per the request of the chairman. the 11 people they want to depose, they will put a straight arm to that and say you can't do that. the only remedy and i think this accelerates the urgency of congress to do an impeachment inquiry -- not impeachment, impeachment inquiry. >> martha: doesn't want always lead to the other? >> what you need to do -- it's going to end up in court. i think what is going to be compelling to the court is if the house of representatives votes to give a subpoena because the subpoena is only as good as your ability to enforce it. the only way to enforce any subpoena is to go to the department of justice! that's the problem we have had in the past. i issued subpoenas, trey gowdy issued subpoenas on documents that were ultimately destroyed in previous cases. witnesses that we wanted to have it never showed up in the department justice said no, we aren't going to do that. you have to be able to go to the court and get that and you have to have the fault of the house in order to make the most compelling case to the court. >> martha: gentlemen, thank you very much, good to see you both. former president trump and florida governor ron desantis both heading to the iowa state fair, i always love seeing all these images and videos that come out of the iowa state fair is a great summer event. tomorrow the former president's form mike going to bring with him a group of florida republican legislators who have endorsed him, it's the kind of thing we have seen the president do during campaigns before, remember when he brought all the clinton accusers to a debate one time. alexis mcadams joins us live she is at the fair in des moines and she's fitting right in. you look great. >> i am from the midwest and try to do my best to fit in and so are these presidential hopefuls who are trying to connect one on one with these voters in iowa. they are paying close attention and is not washington, d.c., it's the middle of iowa. there's no suits and ties but there's a lot of fried food in there try to see these candidates on a personal level. when the news breaks this is the center of the political universe so the reaction is pouring into the news about the hunter biden investigation, take a listen. >> would you say it's a two-tiered justice system or does this change her mind about that? >> if i'm president of united states we are going to clean house of the justice department. i honestly believe that the american people have lost confidence and not just the attorney general and the director of the fbi, but the senior leadership of the justice department. >> voters out here at the fair one of these candidates to work for each and every vote, locals are used to seeing the politicians come through the fair as iowa is the first of the nation g.o.p. caucus state and head has been a busy day can we see in doug burgum and mike pence talking one-on-one with iowa's governor explained what they would do for america and tomorrow as you mention, donald trump will be here and he won't sit down with governor reynolds he said he would rather talk one-on-one with the voters. he's going to walk around with nine florida republicans who backed him over his chief rival and fellow floridian governor ron desantis will also be here tomorrow. i checked in with president trump's team asking why he won't sit down with the governor of iowa who is pretty popular here in the state, they said he just wants to talk with the voters. >> martha: he wants a full endorsement from her and she has been not rated do that. we'll see what happens, thank you so much, good to see you at the iowa state fair. moments ago, the accused crypto fraud sam bankman-fried was out on bail i think he was living at his parents house in california, but now the bail has been revoked. as we understand it he's going back to prison.. back to prison.. we'll tell you what's going on, next. n symptoms were in my way. i needed more from my antidepressant. vraylar helped give it a lift. adding vraylar to an antidepressant... ...is clinically proven to help relieve overall depression symptoms... ...better than an antidepressant alone. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. report unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, as these may be life-threatening, or uncontrolled muscle movements, which may be permanent. high blood sugar, 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dollars in a crypto scheme. today, the judge heard arguments from both sides, prosecutors asking the court to revoke bail after a "new york times" article published details from caroline ellison's private writings last month. ellison, the former co-ceo of alameda research, the sister company to the crypto exchange ftx, she is also bankman-fried's ex-girlfriend. she previously pleaded guilty to numerous counts of wire fraud and conspiracy and ellison is expected to be the star witness at the trial against bankman-fried and testify that he defrauded ftx customers and investors and alameda's of lenders. now prosecutors accused bankman-fried of leaking the private writings to "the new york times" reporter in an effort to discredit caroline ellison. defense counsel on the other hand argued today that sam bankman-fried has the right to talk to reporters, but the judge apparently rejecting the council's argument, citing with the prosecution, revoking the b, bankman-fried has been living at his parents home in palo alto, california, on house arrest. i understand now he is not leaving new york. he will be sitting in jail. >> martha: very different environment, no doubt. thank you very much, lydia, very interesting story. that trial will be fascinating. this is a horrible, horrible story. the more we learn, the tougher it gets. these wildfires in hawaii described -- look at these pictures. it looks like hell on earth and that is what the residents are saying. the death toll is now at 55, but there are more than 1,000 individuals who are unaccounted for. the wildfires are on track to become hawaii's deadliest natural disaster since it became a state. senior national correspondent william la jeunesse live on the scene in maui. hi, william. >> well, martha, that 55 number is likely to increase as search teams get into some of these very dense neighborhoods in lahaina. these are homes, literally packed right in there, so that number is going to change today. we had a boat leave here with some supplies, taking two hard-hit areas that are very hard to reach. people have affection for the island, so they are donating. we are also hearing that some store shelves are empty of things like pampers, so they have instituted a price freeze until the end of the month for goods and services on maui. but you know, their questions are now being asked about why didn't officials er error the tsunami siren warning when the high winds of 60-70 miles per hour began to topple power lines and roofs? >> so, there were no alerts. there was no emergency sound. they did not send sound off the tsunami warnings. we do that every month on the first of the month, siren sound. they did not do that as a warning to get out. >> i feel like because winds were so high because of the hurricane that it happened really fast. there wasn't even time for like officials to come around and tell you to evacuate. >> so they brought in cadaver dogs from the mainland to help assist going through some of these structures because we are told by the mayor that those 55 fatalities were on individuals found outside of buildings, and as you said, martha, there are about 1700 buildings that were destroyed. back to you. >> martha: awful. william, thank you very much for your our hearts go out to them in hawaii this weekend. in maui. thank you, william. that is "the story" for this friday, august the 11th. but as always, "the story" just keeps coming so we will be back here on monday. we will see you at 3:00. have a fantastic weekend. stick around because "your world" starts right of brown now. ♪ ♪ ♪ ♪ >> i am here today to announce the appointment of david weiss as the special counsel. mr. weiss advised me that in his judgment, his investigation had reached a state at which he should continue his work as a special counsel, and he asked to be so appointed. >> neil: reaction pouring in as attorney general merrick garland names david weiss the special counsel in the hunter biden probe. house republican leaders ripping the move as a "whitewash" and "a cover up" just moments f

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