i will always ask is any of this shady? i'm harris faulkner and you are in "the faulkner focus." republicans are saying that david weiss is not the man for the job. they point back to the five years weiss has already spent looking into hunter biden's alleged tax and gun crimes. >> we sent a letter. i was one of those that sent a letter saying we should have a special counsel. on the other hand, i have some question about weiss doing it. >> this appointment is camouflage and it is cover-up. i think it's disgraceful. david weiss was the u.s. attorney handpicked to lead this investigation who spent the last five years covering it up. >> this is a joke. not only did weiss drag his feet for five years and try to negotiate a sweetheart plea deal with the president's son, he also let the statute of limitations run out. >> harris: critics are accusing the white house of avoiding questions on all of it. karine jean-pierre, the white house press secretary, last held an official press briefing july 27th. there is one on the schedule for today 3:00 p.m. eastern. we'll cover it. in "focus" this hour, former acting attorney general matt whitaker. first let's go to jack -- >> there is criticism of the david weiss appointment and also criticized the plea deal he pushed through rejected by the delaware judge. hunter biden's attorney is suggesting that if david weiss ends up bringing any more charges than were already brought against hunter, it will be because of political pressure. >> everything else had been thoroughly looked at so is that possible that they will revise it it? let me answer it one way. if the now special counsel decides not to go by the deal, then it will mean that he or they decided that something other than the facts and the law are coming into play. >> congressional democrats are framing it differently saying it shows the independence of president biden's justice department. >> david weiss, the trump-appointed u.s. attorney in delaware was right all along. he did have ultimate authority and when he requested special counsel status, because the plea agreement had broken down and he may have to charge hunter biden outside of his own district, which he requires additional authority to do, he got it. >> president biden returns from delaware where he spent the weekend any minute now. he has so far not commented on this new twist in his son's case but also gave a no comment from the beach when asked about the rising death toll in hawaii. reporters are out there eagerly awaiting his arrival. >> harris: thank you very much for getting us started here. special counsel david weiss is not so special. the "wall street journal" editorial board says the appointment is, a quote, best understood as political damage control after the attorney general's sweetheart plea deal with hunter biden blew up under judicial questioning. the result may be worse for the president's son but better for joe biden's re-election campaign. matt whitaker, former acting attorney general. biden's d.o.j. chooses a man who might actually like the bidens a lot, at least hunter biden. >> yeah. this is a difficult decision by really the attorney general and good to be with you today, harris. from what i can tell is they knew that they were cutting the president's son a sweetheart deal that the judge saw right through it. once it fell apart, suddenly hunter biden finds himself in a lot more serious trouble because, you know, he has not only the misdemeanor tax charges but they could be filed as felonies because it was a plea agreement. then also the gun charge is a felony and he will have that charged as well. plus remember there is the foreign corrupt practices act and the foreign agent registration act that both could be applicable here. david weiss, i think, is probably not the right person to put in this. the reason for special counsel, harris, there is a conflict across the entire department of justice that no one in the department justice can handle this matter. you would typically bring in someone from the outside. >> harris: this is a conflict. they traded one conflict for another. >> right. >> harris: the "wall street journal" op-ed says a.g. garland unleashed special counsel jack smith to pursue donald trump and mr. smith has obliged with two prosecutions, he named a special counsel to investigate joe biden's handling of secret documents but no one expects anything beyond a stern rebuke to come out of that. your reaction. >> well, that just is as an example of the two-tier system of justice. jack smith is a very aggressive prosecutor slapped down by juries and by the supreme court on his over charging and over aggressive use of the statutes. we've talked before about right now they use statutes that have never been applied to the circumstances especially in the january 6th case. >> harris: unprecedented to go after a former president. >> yeah. it is. you need more. >> harris: you do need more. you will need an actual case. unless people put you in positions where you don't have to do your job. i wonder who they could be? congressman greg steubey in florida unveiled articles of impeachment against biden on friday. he says the evidence mounts by the day. the biden crime family has personally profited over joe's government positions and must not be allowed to continue to sit in the white house selling our country. your shots? >> i was with representative steube on saturday on the iowa state fair. we didn't talk about the articles. obviously the house, we learned this in the trump administration, the house can try to impeach on any grounds. all they need is 218 votes as then representative ford said. in my experience, this is a purely political process. it will never make it through a senate that's divided right down the middle and so -- at the same time, remember the whole case right now that joe biden is dealing with, they impeached trump for just asking questions about what happened in the ukraine. so the coin has certainly flipped and we'll see how it twists and turns in the house. >> harris: quickly as far as being fair, do you think there is a necessity for that impeachment inquiry since they did this twice to trump? it didn't get through the senate to pull him out of his position, either. at least make it fair by doing to this president what you did to the last one. >> this is something you and i talked about in 2019. the fact that what goes around comes around. unfortunately if will you use impeachment as a political instrument to punish or injure your political opponents, it will be used by the other side as well. that's the reality of american politics right now. >> harris: this other side has evidence, a lot of it, a trove of it. it will be interesting. good to see you always, matt, thank you. >> good to see you, my friend. >> it's absolutely heartbreaking to just see an entire community that is no longer there. i think one of the things that was just really the most shocking, i guess i would say, is the row of cars, of people that were trying to drive and escape and then couldn't get out fast enough and these are the ones that ended up running or jumping into the water and those cars just there. it was like a scene from a movie. >> that's diana who heads up the fed federal -- they jumped into the fire. we better understand how it happened. they were right to the edge and their cars and there was nowhere else to go. at least 96 people are confirmed dead at this point. we're told again to expect that number to rise. they are still looking for so many people. this is now the most deadly wildfire in the united states in a century. search and rescue efforts under way for all those missing. president biden at his delaware beach home, he hit the beach here. barely had anything to say on it. >> mr. president, any comment on the maui death toll? >> will you talk about the hawaii response, mr. president? >> harris: no comment. he was vice president under a president who was born in hawaii, obama. he has nothing to say? that's not even a friend. an estimated 1,000 people are still missing. more than 2,000 structures damaged or destroyed. it could cost $5 1/2 billion to rebuild there. the future seems so unclear for the business owners and the families, everybody involved who lost everything. former hawaii congresswoman tulsi gabbard. >> there is so much happening here that is not actually making it out into the news. the tragedy of every single life that has been lost. those who are still missing. we must continue to focus on finding every one of those people. >> harris: there were a lot of heroes on the ground. leading the search and rescue mission for maui fire response coast guard commander kristin hahn is in "focus" now. first of all i want to talk to you about the heroes on the ground right now and what they are doing to make a difference and fine survivors. >> good morning, harris. i would like to express my deepest sympathy for the community. the coast guard has been working with county and state partners since tuesday night. the call came in from american medical response, the local ambulance partner that we work with requesting we transport people from lahaina to the nearest safe haven to get them to the hospital. as we ramped up to send the boat from station maui we heard of people jumping in the water, as many as 100 off from the shoreline so we sent that boat and also sent helicopters, three coast guard cutters and 300 people to the scene. we have been working there ever since on a search and rescue effort. we are transitioning to our focus on restoring the waterway and addressing the pollution hazard from all the boats sunk in the harbor and surrounding areas. >> harris: i had not heard the detail you just gave. the first response, ambulatory response, ambulance on the water, had you any idea what your teams were about to face? >> no. it's unprecedented. we train for search and rescue on the water but search and rescue due to fire from a community is something that is just -- we are not trained to do but we train to take warranted risks to save lives and i'm proud of our crews for safely evacuating 17 people, 17 lives were saved by the coast guard and up to 40 with our partners in fire, police, and department of land and natural resources. five good samaritan boats that came to the scene, too. >> harris: it has been a touch stone in terms of how people understand how desperate the move was to survive. those people jumping into the ocean. you giving us such detail what it took to save their lives is really helpful to give people an idea people were working from the very second who didn't know what was going on on land. you hadn't gotten the full scope of the fires yet. what happens next? i know there is still hot spots and commander hahn, there is still a lot of people missing. we're still told up to 1,000. is that a realistic number to you to go find? >> we don't know the exact number. we treated it as an unconfirmed number, people in the water and we continue to search on the surface of the water as long as we believe people to be alive. after 72 hours, the probability is really not there but we are standing ready to respond to any reports from our partners and we have boats on the ground and assets on scene and a cutter ready to respond to the call from our partners and continue to work on making sure the area is safe and we restore the waterway. >> harris: i know you are concentrating with the coast guard on the water search. it is just until know i don't know how many people ended up in the water. part of the 1,000 number, a good piece is in the water. commander hahn, thank you, god bless you for all you and your men and women are doing. >> thank you very much. aloha. >> harris: join fox in supporting the american red cross to help those affected by the wildfires in hawaii. text hawaii to 90999 or visit red cross.org/fox forward to make a $ten donation. is it time to turn the page on president biden? well, democrats are looking at it. one democrat congressman says yes, it's time. he is going to encourage people to run against him. plus dem-led cities are drowning under the mass influx of people crossing our border and now reaching their cities. those sanctuary cities can't take it, they say. president biden says yeah, i'm not going to help you out the way you think. in new york it could taxpayers millions just to provide shelter for a month. >> we are past our breaking point. new yorkers' compassion may be limitless but our resources are not. it breaks this city's heart, asylum seekers come here in search of a dream, not a nightmare. this is not sustainable. 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call newday. pay off your high rate credit cards and car loan with an affordable va home loan from newday. you can save $500 every month. rates on credit cards have gone up to 22%. for late payments, as much as 30%, more than three times higher than a newday va loan. pay off your credit cards and car with a newday100 va loan and save. >> 87,000 i.r.s. agents, don't hire them. double the border patrol agents with those resources. every county in america is a border county because of the number of lives lost to fentanyl. >> we'll use the u.s. military to secure that southern border. that is what it means to stand for the rule of law. >> an open border is not a border. >> we will use force against the mexican drug cartels. they are foreign terrorist organizations. they are killing tens of thousands of americans every year and yet people just let it happen. >> harris: republican candidates going at the president with great ideas how to fix his border crisis. new york city's mayor saying the city is at a breaking point. >> it's a sanctuary city, hum. >> harris: according to the "new york post" a state source says that brand-new tent city on randall's island in new york could cost new york taxpayers $20 million per month. that's about $10,000 each per border crosser who has migrated north. the "wall street journal" editorial board says a new yorker would have to make around $280,000 a year before taxes to afford what the city is spending on each migrant family. mayor eric adams broke down some big numbers. >> for each family seeking asylum through the city's care, we spend an average of $383 per night to provide shelter, food, medical care, and social services. that means over the course of three fiscal years, our city is projected to have spent more than $12 billion. >> harris: the biden administration reportedly also is refusing to sign off on military sites for housing. so, i mean, there is not a lot of help coming from the white house. power panel . how did we get here? >> we got here because we have a president in office who has allowed 1.5 million gotaways to get into our country, three times more than under trump. we got here because we've allowed for a president who really doesn't care about the border even when his own democratic elected officials like mayor adams have been begging for the assistance of the united states government. we also got here because over 100,000 americans have now died as a result of the border crisis from overdosing on the drug, fentanyl coming from china and also the mexican border. by the way, breaking news just within the last five minutes, the texas rangers have just arrested cartel members coming over the border with guns. so we are in a distressed situation and need an administration who is going to do something about it. >> harris: we saw the weekend video of them coming over and pulling match et east out of their knapsacks and backpacks. what are they planning to do here? i want to drill down on something that gianno said outside of the breaking news, the 1.5 million gotaways. richard, there is a misunderstanding. we have talked about it before. that all these people have been vetted. they couldn't possibly have been. when you have over a million people who came around between the checkpoints not the way it is supposed to happen at the checkpoints, they are coming around and over and in some places they come under and do anything they can to keep getting detepidityed but end up on the city streets. >> i think that's right, harris. in this moment we have to reframe this conversation. it is not just a problem that lies at the feet of the white house. as we learned during the trump administration, even a president who wants to act on securing the border cannot do it in the absence of -- >> harris: what's the answer? >> of congressional action. in all three of those sound bites we heard in the beginning of the segment from the three republican candidates, all three they proposed requires congressional action to troops to the southern border and requires an act of congress. to reassign money to the border patrol requires an act of congress. we're going to tackle our immigration crisis, it requires democrats and republicans in the house and senate to work with the white house and come up with real solutions. if you talk to any of these democratic mayors. i've talked to most of them. they want to solve the problem. it is a washington, d.c. fix that requires all of us working together. that's absolutely true. it's called the constitution. >> harris: hold on. >> joe biden is the head of the democratic party and he can say they'll put together. >> passing legislation. >> do the work. republicans want to do the work. >> and they should come up with an immigration reform bill. >> harris: let me have a chance to talk. first of all, richard, he could do an executive order. how do you think we got title 42 or got to the point where we could stem the tide across presidents, plural? yes, president biden could do something and he isn't doing -- the one thing you saw the republican candidates doing, not using his bully pull put. i don't think the democrats wouldn't listen to this president? he is not saying anything. i want to get back to gianno. i cut in and come back. go ahead. >> to your point, he is not saying anything and doesn't want to say anything. when you have leaders who across the country thanks to governor abbott sending migrants across the country so they can understand the problem and take a share in it because of their sanctuary cities. this is not about republicans. this is us all needing help. come to the table and help us and joe biden is ignoring their pleas >> title 42 was an a health act that the president used. >> this is an extraordinary circumstance. >> i don't deny that. it doesn't allow him to reallocate money from one government agency. >> harris: send the military and shut down the border. he keeps saying he is not planning to send any. >> it requires money and congressional action. >> harris: what about three times the money he is spending going to ukraine right now? could he take some of the money sending to ukraine and send it to the border >> he can't. it was done by congressional action. congress passed a law sending aid to ukraine. >> the point is, there is money, richard. there are resources. >> where? >> if you can legislate 85,000 new i.r.s. agents. >> harris: i remember on a weekend not too long ago there was $3 billion that dripped out of the system that nobody knew about and suddenly going to ukraine. it wasn't allocated by congress. you made a fair point. while you were talking i thought wait, there have been dollars that could have gone to the border or anyplace else. we didn't know what they were allocated for. they were sent to ukraine. there is money and some of it didn't have to go there and could have gone other places. gentlemen, great to see you. you made a fair point. i just found a counter. see you next time. reclaim the name. a native american organization wants the washington commanders to revert back to the redskins. plus parents in wisconsin are expressing their concerns over a transgender athlete potentially playing on a girls' sports team this fall. >> this athlete by far the most dominant out there? >> got the most power. >> there is a lot of concern from a fair amount of the girls from that situation. >> harris: it's a man, a biological male. they say it puts their daughters at risk. it is a fight we've seen play out across america. clay travis in "focus" next. that's me before dawn powerwash. 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[ting] ♪ live in the moment. ask your doctor about otezla. >> harris: parents in green bay, wisconsin are outraged at the possibility of a transgender athlete taking part in girls sports. they say their daughters came home from practice this summer with welts and bruises. >> they are just not used to the ball coming at them that hard. a lot of these girls are specifically quitting this team because they are concerned for their safety. >> the rules are very soft at best. transgender people deserve a seat at the table, it is just not necessarily the girls' table for sports when it is men going to women. >> harris: some parents say their daughters won't participate in the support this fall if the male athlete is going to play. in a statement to a local tv affiliate the school district says he cares about the well-being of every student, all decisions regarding a student's ability to participate are made in accordance with title ix law. 17 states have banned transgender athletes participating in sports inconsistent with their biological sex either in k-12 or higher education. clay travis, outkick founder and author. let's talk about what those parents are feeling right now. what they are going through. you know as parents we understand our kids want to play sports. we want every opportunity for them. >> yeah but this is wrong. this is not a difficult situation at all, harris. you can believe, as i thought that mom did a good job of explaining there, you can believe that trans people have tons of places they can be involved in in society. but not in girls' sports when they are boys pretending to the girls for purposes of winning women's championship. men and boys are bigger, stronger, faster than girls and women and it is true across the board. so this idea that democrats have been trying to sell. remember, harris, every single congress person in the house and every single senator who are democrats said this should not be allowed. that we shouldn't be trying to set basic rules as to who can participate and who can't. harris, we do this already. schools compete based on the size of the school. that is how many students they have. wrestling in high school kids compete based on how much they weigh. we have age restrictions. the idea that we wouldn't require that women's sports all be made up of biological women to me is absurd. i think every state, that graphic you showed, should have a rule that you compete against the gender of your biology. let me just point this out. there is not, as you see that graphic, there is not one single story that i'm aware of, harris, of a girl who decides to identify as the boy and begins to dominate in male sports. why is that? for people out there who don't think biology matters, why is there not one story of a girl who decides to identify as the boy and dominates in that sport? it is because girls have biological challenges compared to boys in sports and why we divided girls and boys sports and why we should continue to do it for years and years to come. >> harris: i can't name one, either. doesn't mean there might not be one out there. if there are any effort for girls to even the playing field and use hormones, testosterone and more to become more like a man it is not allowed in sports. this is a discrimination that really begs the question do we want women's sports and girls sports as a nation or will we let them sit it out, or i mean push them out? your last thought. >> this is why i keep hammering this home and give credit for riley gaines to driving this home. at some point inclusion becomes exclusion. that's where we are all over the country. for democrats who say this is not happening, it is amazing how many different school distinct this appears to be happening in. eventually it will be every school district in america. >> harris: we'll move to this. a native american group is demanding the washington commanders change their name back to the washington redskins. the native american guardian association launched an online petition asking fans to end cancel culture and reclaim the name. watch. >> i'm from a tribe in oklahoma. i'm a united states marine. two-time combat veteran. i'm the epitome of a modern day red skin. the name has a deep, deep honor and it is a status symbol of an elite warrior, it is not a slur. it is not a nickname. it is something that we achieve to be. >> harris: so far, 92,000 people have signed their petition. get this, they picked up 2,000 signatures in one hour this morning. clay. >> i bet they are about to pick up way more. i think the overwhelming rejection of this politically correct era where we have to be renaming teams. i would point to a solid precedent here. that's what happened with the florida state seminoles. anyone who every watched their athletics knows the seam gnomes are being honored by being the official mascot of florida state. the seminole tribe is honored to be affiliated with that school and they won't take that away. in my book american playbook out right now i say something that i've been arguing for years. i would be fine if we wanted to end mascot controversies once and for all. we could sit on one side of the table and the progressive woke culture on the other side and could say let's end this once and for all. let's go ahead and eliminate any controversy associated with mascot names. i'll give up a few. you guys acknowledge you will stop. here is the problem. it doesn't ever end. they have to be offended because how this group has their reason to be. when you see the redskins removed what happened? next on the chopping block was the indians name. now we have the cleveland guardians. people are upset about the kansas city chiefs, the atlanta braves. it never ends. they would be upset about the fighting irish. on and on forever. in reality i think it would be great if the redskins go back to their old name. nobody likes the commanders. it is a stupid name for a team. they have a new owner. he is too cowardly to avoid getting mixed up in it. >> harris: you have to command something on the football field if you are called that. if they make decisions without enough people at the table they need to hold it out on the gridiron and invite everybody. when someone tells you it is part of their honor you have to listen to them. all right. let's move on. shocking cell phone video out of california. i don't know if you've seen this. a mob of thieves ransacking a los angeles area nordstrom. they smashed glass, grabbed stuff off the shelves. helpless employees simply watching. i'm glad nobody got in their way. i would hate to see anybody trying to stop the mob. lapd says the thieves got away with $60 to $1 hundred thousand worth of merchandise calling it a loss of feeling safe for everybody in the area. clay. >> look, harris, this is emblematic of what has happened all over the state of california. we've allowed it to occur. it cannot happen and symptomatic. the broken windows era of policing reflects when you allow minor crimes to happen, eventually you allow major crimes to happen. this isn't someone grabbing a candy bar at a store this is an organized looting explanation. the trouble california has, the failed leadership of gavin newsom. they should be facing severe charges and in prison and the fact we can't seem to rectify this in many parts of the country, nordstrom was a business cannot handle this level of thievery and still run a profitable endeavor. the people it hurts the most is the people who want to get jobs in these communities when these places shut down because of shoplifting. it makes everything worse. >> harris: that's not shoplifting. that's a raid. it is unbelievable. it is not because the los angeles police department can't or won't do its job. but the d.a.'s office is like a revolving door. they know they have enough cameras to catch half the people outside. you can't do anything without cameras. 85 million in the country last check. they can find the people. what good would it do? i have to let you go but i will bring you back. excellent to have you on. >> keep up the good work. >> harris: the president of california school board lashing out at the state attorney general overstate gender identity issues in schools. >> it is try to blackmail and scare us and other districts. they know other districts are scheduled to adopt hopefully this policy all throughout california. >> harris: that school board president sonia shaw is in "focus" next. st celebrity sale is happening now. and it's making quite the spectacle. for a limited time, get two pairs of celebrity-inspired frames by privé revaux co-founder jamie foxx for only $89.95 book your exam today. my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp. neuriva: think bigger. (vo) ultimate endless shrimp is here with a limited time flavor drop. new crispy dragon shrimp. one of seven endless choices for just $20. right now, only at red lobster. welcome to fun dining. >> harris: would you take robo torics east 24 hours a day? they offer two rival fleets of driverless cars who will drive all the time night and day. gerri willis live with that. gerri. >> that's right. the san francisco roll-out, it had a very rocky start this weekend. nearly a dozen robo taxis caused a traffic jam with wireless connectivity issues. a meltdown. the heels of friday's decision to allow residents to hail a robo taxi around the clock. it is a testing ground for the rest of the country, not everybody is ready to go driverless. listen. >> i wouldn't feel safe actually. it is unpredictable. you never know what could happen. >> i would because of the experience but i would be scared. >> i trust the technology. i don't think i would be that nervous. >> i don't trust no driver. i drive myself. >> despite the misgivings the company calling their service essential for san francisco. today's permit marks the true beginning of our commercial operations in san francisco, he said. we're incredibly grateful for the vote of confidence from the california public utilities commission. they say they have a wait list of 100,000 potential customers. the company is joined and being allowed to operate 24/7. previously they operated from 10:00 p.m. to 6:00 a.m. in limited parts of the city. i'll say at a six hour hearing about the matter some residents are complaining because guess what? the a.v.s block roads and cause traffic jams. emergency personnel complaining they stop emergency vehicles. san francisco firefighters had 55 incidents of a.v.s interfering with emergency responders. we have a long way to go on this one, harris. >> harris: wow. i'm trying to get my mind around that. they don't have something they can teach these cars maybe through a.i. don't block the ambulance? it seems basic. >> they are working on that, truth be told. it takes a while, right? frankly, i don't want to be part of the experiment, i don't know about you. >> harris: yes, you do. you know me well. i don't want to, either. good to see you, thank you. california state attorney general has launched a civil rights investigation into the chino valley school district with board members adopted a policy to force the school to tell parents if their -- it threatens the safety and well-being of lgbtq plus students vulnerable to harassment from family members unaccepting of their gender identity. the school board president sonia shaw is in "focus" now. first of all you spoke up on this. what was your key message? >> my key message is that he is automatically trying to assume parents are dangerous and i think that's a dangerous direction that they are heading in. you see it all over california. they are trying to push out parents. i think that is something that we need to stand up for right now. >> harris: so when they say that your child won't be protected if their family members who don't approve of their gender identity. does that include parents? >> that's what he is saying. that's what i think is absolutely insane. is he going to be the one that's caring for the child? are they going to be there for a child when the child feels alone at home when the parent has no clue? it is just absolutely insanity. >> harris: you are a school board member and curious to know what it is like to be on a board. what are the conversations like? >> yeah. prior to that, i was just a normal day-to-day soccer mom going about my business. parents wanted a voice at the table. our board majority right now is absolutely a blessing because we -- some of us are parents. so i think it is great. the brown act prohibits us from having conversations more than two. so we have more conversations with the community more than we do with each other in regards to things that we take action on. i think that's extremely important that parents finally have a voice at the table. you will see that as elections come in california we have a few boards that do have parents' voices at the table and it is just the beginning, which is awesome. >> harris: they have you at the head of the table because you are the president of the school board. what are next steps? are you anticipating that parents will get to keep their voice in the conversation on this real quick? >> absolutely. i am here in sacramento today. we're going to lobby these bad bills trying to quiet us parents up. we have no desire to stop. we are linking arms. this has always been us. i'm excited. >> harris: they are blessed to have you and that board fighting for parents' voices. keep us updated. people across the country are watching. it is happening everywhere. thank you for watching "the faulkner focus." 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