correspondent bryan llenas is at the fulton county courthouse in atlanta, tonight, with the latest. good evening, bryan. >> bret, good evening. the fulton county sheriff says he intends to really treat former president donald trump just like any other criminal defendant and that includes a mugshot, unless he is told otherwise. mr. trump must turn himself in by next friday august 25th at noon. >> i make decisions in this office based on the facts and the law. the law is completely nonpartisan. >> fulton county district attorney fani willis, a democrat defending her decision to prosecute former president donald trump and 18 others after they were indicted by a grand jury late monday night. >> it is now the duty of my office to prove these charges. >> trump is facing 13 criminal counts, including violating georgia's antiracketeering or ricco law. if convicted, the law carries a penalty of a minimum of five years in prison, a 25,000s fine, or both. lawyers say georgia's ricco law is unusually broad and in this case could be used to turn defendants against the former president. >> what the prosecution is going to want to do is target them, getting them to turn against the bigger people at the top and that's how you end up getting an easier prosecution. >> other 18 defendants include former white house chief of staff mark midwest doughs and former trump attorney sidney powell and rudy giuliani. they face charges that range from making false statements to georgia legislators to conducting a fake electoral scheme to stealing data from election equipment in rural coffee county. district attorney willis wants to try all 19 cases at once in a trial within the next six months. a timetable that clashes directly with the first four republican primaries and court dates for trump's other three criminal cases. [cheers] >> on truth social today trump said he would release a, quote, large complex detailed but irrefutable report on the presidential election fraud which took place in georgia at a news conference at 11:00 a.m. on monday. georgia's republican governor brian kemp responded tweeting in parted the 2020 election in georgia was not stolen. for nearly three years now anyone with evidence of fraud has failed to come forward under oath and prove anything in a court of law. trump's team argues this case is an attack on his first amendment right to question an election. >> when he says i want to look into it. i don't trust it, we need to look into it, that's his obligation as a president. >> judge scott mcafee is assigned this case. he has been on the bench for just six months and now set to oversee one of the biggest cases georgia or this country has ever seen. bret? >> bret: bryan llenas live outside the courthouse. bryan, thank you. >> acts of racketeering activity are crimes that are alleged to have been committed in furtherance of the criminal enterprise. rather than abide by georgia's legal process for election challenges, the defendants engaged in a criminal racketeering, enterprise to overturn georgia's presidential election results. >> bret: fani willis there late last night in a news conference with reporters. let's bring in george washington university law professor jonathan turley and marietta based criminal attorney philip holloway. i want to start with you outside the courthouse. first, i want to just wrap up what they are saying today about this weird development of that posting mid yesterday afternoon of what appeared to be the charges, reuters went with the story. and then fani willis was asked about it last night. take a listener. >> do i intend to try the 19 defendants in this indictment together? yes. >> that fish tissues document matched exactly the charges that we now see in this indictment. can you tell us more about that document leak? >> i am not an expert on clerk's duties. or even administrative duties. i wouldn't know how to work that system so i'm not going to speculate. next question. >> bret: okay. philip, today, they posted, upon learning of this mishap they called it, fulton county clerk superior magistrate courts immediately removed the document. issued notifying the fictitious document was in circulation no indictment had been returned by the grand jury. potentially large indictment, alexander used charges that preexist in odyssey to test the system to conduct a trial run. unfortunately the sample working document led to the docketing of what appeared to be an indictment but which, in fact, only a fictitious docket sheet. fictitious because she put it on the website. the whole thing didn't seem right, philip. what was the take there? >> well, great to be with you, bret. what a difference a day makes. yesterday i predicted that this was something in the nature of a clerk call error and that's what it turns out to be a dreadful choice of words when they said it was fictitious because there was really nothing fictitious about it. it was the real document. it was a sample working document. they knew this indictment was coming and so they were practicing. they were rehearsing and it went on the court's actual website. so, i would not have advised them to use the word fictitious. they need to just admit the error and move on but clearly what we saw yesterday matches almost word for word and charge for charge the actual indictment that was returned by this grand jury behind me in this courthouse yesterday. >> bret: yeah. i wanted to clean that up because there were a lot of questions about it. jonathan, also in that soundbite you heard fani willis say she wants to try the 19 defendants in this indictment together within six months. >> 1 defendants in six months after three years, three grand juries, that seems quite ambitious, if not a little bit looney. you also have one defendant, donald trump, who has a rather full dance card. he is being indicted around the country or has been indicted. he is also being sued civilly. so people have got get in the line. it's not clear that how she thinks she can go to the front of that line. you have got a special counsel who is also asking for a rapid trial. >> bret: what's the take, philip, on the ground about the strength of this case? obviously it's ricco, which means that, you know, they have a panama plea of choices for potential crimes that the jury could pick from and they only have to come up with two to make the ricco charge outside the state of georgia. conspiratorial acts done in furtherance of the conspiracy. in this case she has come up with 160 or 161 of them but, see, the problem is that i see we are at the point now where we are criminalizing political speech. we are criminalizing when people want to go to elected officials and say, look, we need to do something about this. i have got a grievance and i'm coming to you for redress. that is specifically guaranteed by the first amendment. and some of these acts that she lists are things that happened by the sitting president in the oval office, bret, with his legal and political advisers. i don't know that our federal system of government in this country envisioned that local prosecutor being able to reach out into the oval office to prosecute a president for something that he does that's political in nature in that office. and for that reason, i think that this case might be one that can be removed to federal court. there is a federal statute that permits that. and i promise you some of the lawyers are probably wanting to try that on behalf of donald trump right now. >> bret: yeah. there is already a mark meadows petition to move the case to northern district in georgia already. but we will see, probably, jonathan, a number of other moves. let alone the fact that doesn't this open the pandora's box of district attorneys all over on the republican side, perhaps, going after a stacey abrams who doesn't accept the election? >> that's right. >> bret: or democrats who don't accept some election and did something in regards to that? >> this is creating a slippery slope for all elections across the country it. is the criminalization of election challenges. and i can name off the top of my head 10 democratic politicians that could be accused of similar conduct. challenging elections with very little evidence. the democrats challenged machines in new york as effectively flipping a congressional district. they weren't accused of a crime. they were seeking judicial review. and that's important. every presidential election i have covered some of them with you always have these challenges but this creates a chilling effect that's perfectly glacial. we're not just a -- all the advisers can be brought in en masse and charged. >> bret: last thing, philip, very quickly. the former president on truth social today said a large complex detailed but irrefutable report on presidential election fraud which took place in georgia is almost complete and will be presented by me at a major news conference 11:00 a.m. on monday next week in bedminster, new jersey. to that, the current governor, republican, brian kemp, tweeted, retweeted that post, the 2020 election in georgia was not stolen for nearly three years now, anyone with evidence of fraud has failed to come forward under oath and prove anything in a court of law. our elections in georgia are secure, accessible, and fair. and will continue to be as long as i'm governor. the future of our country is at stake in 2024 and that must be our focus. that's quite a battle in politics inside the republican party in georgia. >> yes. and that demonstrates the point that this district attorney is going to have a little bit of a problem in my view. she is going to have to prove that donald trump subjectively knew that his claims were false. and that he was, therefore, committing fraud. he legitimately believes he won the election here in georgia. and that is the entire linchpin of the prosecutor's case. she is going to have to prove that he was lying and that he knew he was lying and that he was lying for the purposes of committing fraud and other things. so, that's a very, very difficult thing to do. objectively, other people might say yes, the election was fair. it was square. he lost legitimately. his own advisers, some of them told him that he chose to believe other advisers who told him otherwise. so, we are criminalizing, basically, listening to the wrong legal advice. and that is part of the slippery slope that jonathan was talking about in this country if we keep criminalizing election challenges. we are going to be sliding into the abyss. >> bret: jonathan, philip, we appreciate the time. the special counsel in charge of the hunter biden investigation says there is no deal on a gun charge for hunter biden. the attorneys for the president's son had maintained that that part of the now defunct plea agreement was still valid. correspondent david spunt tells us the issue at the center of a growing gulf between the two camps is heating up. >> not even three weeks after special counsel david weiss and hunter biden sat in a courtroom prepared for a plea deal, the two are further apart than ever. weiss responding to hunter's legal team hours ago. first, the government did not renege on the previously agreed upon plea agreement as the defendant inaccurately averse in the first substantive sentence of his response. the filing comes two days after hunter biden's attorneys told federal judge maryellen noreika, they believe diversification die defendant intend abide by the terms ever the diversion agreement executed at the july 26th hearing. the special counsel's team today indicated the exact opposite writing to reiterate the now withdrawn diversion agreement by its own terms is not in effect. hunter biden's lead attorney for the plea deal is also exiting his legal team. according to a court filing, chris clarke cannot serve as biden's attorney anymore as he may be a witness in a future case. under the witness advocate role it is inadvisable for mr. clarke to continue as counsel in this case. when the plea deal fell through on july 26th. abbe lowell an attorney for hunter in unrelated case walked up to david weiss and his team and said, quote: looks like i'm going to be involved in the fray. now loc lowell is officially one team. >> quite the tensions between hunter biden's team and the government. it is possible there may be a plea deal in the future; however, that looks unlikely and murky given the latest language from the special counsel weiss. these two sides are very far apart tonight. bret. >> bret: what can you tell us about new report about hunter biden paid his dad's bills? >> yeah. this is coming from our fox news digital between a brand new story out tonight. i want to read a text message reviewed by fox news digital from hunter biden to an assistant in 2018. hunter wrote, quote: my dad has been using most lines on this account which i have through gracious offerings of eric meaning eric shearn have paid for the last 11 years. according to our digital team original laptop as we have been reporting continue to remain in federal custody. bret. >> bret: all right, david. thank you. up next presidential candidates look for votes in the first caucus state. we will have a live report from iowa. and later as school starts in the u.s., we examine a controversial rule about gender identity and where parents fit in. ♪ >> once a student is outed to their parents, the harm is -- the harm is done. >> i really don't know for sure if they actually read our policy because they actually keep saying this is an outing policy, which is the furthest from that. ♪ gift card. book now at bestwestern.com. when migraine strikes. are the tradeoffs of treating worth it? 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order. weathertech.com. sfx: bubblewrap bubble popped sound. ♪ >> bret: a federal appeals court says washington unevenly enforced its defacement ordinances against pro-life groups. court ruled washington authorities treated those pro-life protesters or mr. harshly an black lives matter activists it. reverse add lower court's dismissal of a complaint filed by the frederick douglass foundation. the case has been remanded for further proceedings. ♪ ♪ >> bret: former president trump's newest indictment in georgia is a major topic of iowa where two of his g.o.p. rivals worked the crowd today at the iowa state fair. this comes, of course, after the former president and his closest rival drew big crowds over the weekend as we showed you. correspondent alexis mcadams is back in des moines tonight. >> how do you plan on connecting with voters out here at the iowa state fair. >> the good news is they are very open, very happy, the perfect day at the fair. they are walking up to me. we are having good conversations. i am eating a lot of food. good news to see what is happening a already. >> how are you sir? >> good. >> good to see you. >> tim scott letting his personality shine in des moines. barely able to walk a few feet without being stopped by voters. >> i love people. and i tell you when you just love people and you have a common sense conservative message, people understand and appreciate, taking a stand for the country. that's made this possible. >> although president trump is no longer here, his name is still hanging over the fairgrounds as rivals weigh in on his latest indictment. >> consistently seeing democrats weaponize the legal system against political opponents. >> the georgia indictment is more challenging than some of the others that have been brought. obviously, it's serious. >> former arkansas governor asa hutchinson hoping he wins over iowans as he works hard to qualify for the debate which is less than one week away. trump says he won't sign that loyalty pledge. will you sign the loyalty pledge? >> i will because he is not going to be the nominee of the party and i will support the nominee o. knee. >> former new jersey governor chris christie who had met every other debate requirement says he also plans to sign the pledge. >> most important thing is to be on the stage so our voters get to make an informed choice about who can beat joe biden. and donald trump is damaged goods. >> and, bret tonight, all of the presidential hopefuls that we have talked to say they want to see former president donald trump up on that debate stage. will he show up in milwaukee? to be continued. bret? >> bret: we shall see. alexis, thank you. please join martha mccallum and me as we host the first republican debate of the primary season. it happens right here on fox news channel august 23rd, 9:00 p.m. eastern. live from milwaukee, wisconsin. the same stage the rnc will give the victor the nomination. second debate can be seen on fox business september 27th. ronald reagan presidential foundation and instituted simi valley, california. up next, a judge prepares to rule on a controversial policy concerning student gender identity and parental rights. we'll bring you that first, here is what some of our fox affiliates around the country are covering tonight. fox 2 # 9 in west palm beach, florida. property manager at former president trump's mar-a-lago compound pleads not guilty to charges in the classified documents investigation. carlos, the faces two obstruction are counts based on allegations the defendants tried to delete surveillance footage. the indictment alleges de oliveira told wanted the video will deleted. >> exploition killed four people earlier this month was due to explosive materials inside that house. materials are consistent with the production of commercial grade fireworks. and this is a live look at san francisco from fox 2. one of the big stories there tonight. the announcement of the latest inductees into the california hall of fame all will be honored posthumously. the list includes actresses carrie fisher and shirley temple black. vin skully. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ ♪ do you remember ♪ do you remember ♪ r you booking.com, booking. yeah. i'm saving with liberty mutual, mom. they customize your car insurance so you only pay for what you need. you could save $700 dollars just by switching. ooooh, let me put a reminder on my phone. on the top of the pile! oh. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ detect this: living with hiv, i learned i can stay undetectable with fewer medicines. that's why i switched to dovato. dovato is a complete hiv treatment for some adults. no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this: most hiv pills contain 3 or 4 medicines. dovato is as effective with just 2. if you have hepatitis b, don't stop dovato without talking to your doctor. don't take dovato if you're allergic to its ingredients or taking dofetilide. this can cause serious or life-threatening side effects. if you have a rash or allergic reaction symptoms, stop dovato and get medical help right away. serious or life-threatening lactic acid buildup and liver problems can occur. tell your doctor if you have kidney or liver problems, or if you are pregnant, breastfeeding, or considering pregnancy. dovato may harm an unborn baby. most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. detect this: i stay undetectable with fewer medicines. ask your doctor about switching to dovato. directv sports central gives you access to every game. but terry doesn't have directv. come on. work for dad- here... now, you can find the game easy. my barbecue is saved! get in the redzone with sports pack. call 1-800-directv my barbecue is ruined. 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[chanting] >> the state wants to block the policies that would impact kids as young as 5 years old. >> we are only asking here that the court maintain the status quo. >> status quo can result in parents not knowing their child's gender identity even if they're buffaloyed at school because of it. >> none of us ever signed up to parent with the government. and they are consistently getting involved in our daily lives. >> a statement from the new jersey attorney general matt platkin reads in part quote these new policies mandate disclosure based on certain protected characteristics without even assessing the individual needs or concerns of the child. but the policy for middletown schools explicitly requires an assessment of an individual's student health and safety. >> state officials should know that our staff members and our education world truly do know our children. they are the educators in the building every day. and to discredit them is what the state did today. they discredited the ability of the educators and our guidance counselors. >> today in court, laurels for the three districts involved made clear that the conversation would start privately with the child at school before possibly bringing the parents into it. the judge's decision will have an immediate impacted with the schools set to start here in new jersey in about three weeks. bret? >> bret: nate to foia live in free hollande, thanks. speaking of schooled going ahead with the student loan agenda despite losing his case in the supreme court. hedward lawrence has details frm the white house forgive certain student loans as overall student debt relief plan remains sidelined by the supreme court. changed the way income driven repayment programs count months towards forgiveness. the new rules count partial payments, also no payments, even if the loan was delinquent. under the program, paying a student loan every month for 20 or 25 years would yield forgiveness. the changes mean 804,000 additional borrows will see forgiveness to the tune of 39 billion taxpayer dollars. the reaction mixed. >> freezing student loan payment, deferring indefinitely, i support all those things. forgiving all together i think it should be a matter of perhaps individual, you know, application review, something like that. based on need. >> i don't believe in the president's forgiveness program. it makes -- frankly i think the cost of college has become completely out of whack for the return you get on it. so, to enable further access to over that overinflated system in my opinion is not the right approach. >> judge dismissed the lawsuit over the new rule changes. one of the lawyers representing the think tanks that sued over these changes said the fight is not over. >> the district court held we didn't have standing and if you recall when the states challenged the prior loan cancellation program, the district court there in missouri also found a lack of standing for the supreme court reversed and we're confident that would happen again so we are fully intend to appeal this decision. >> today, a deputy white house press secretary said the president plans on forgiving as much student debt as possible regardless of the lawsuits or the road block. bret? >> bret: david lawrence, live on the north lawn. thanks. up next, two years to the day after the taliban took control of afghanistan, women's rights there continue to suffer. we will meet one young lady who is breaking the rules. ♪ ♪ cover more ground in the kia sportage turbo-hybrid. kia. movement that inspires. pain hits fast. so get relief fast. only tylenol rapid release gels have laser-drilled holes. they release medicine fast... for fast pain relief. and now... ...get relief without a pill. with tylenol dissolve packs. relief without the water. with a majority of my patience with sensitivity, i see irritated gums and weak enamel. sensodyne sensitivity gum & enamel relieves sensitivity, helps restore gum health, and rehardens enamel. i'm a big advocate of recommending things that i know work. i need it cool at night. you trying to ice me out of the bed? baby, only on game nights. you know you are retired right? am i? ya! save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add a base. shop now only at sleep number. 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>> bret: trey yingst in our middle east bureau. trey, thank you. up next the panel on the legal cases against former president trump. also the biden family. first, beyond our borders tonight, the death toll from a powerful explosion near the capitol of the dominican republic has risen to at least 10. firefighters there are searching through the smoldering rubble. more than 50 people injured in monday's explosion at bustling commercial center in the city of san cristobal. it's not clear what caused that blaze. and nato member poland stadgesz a military parade to showcase its state of the art weapons and defense systems. poland's president says the protection of his country's eastern border is a key element of state policy. just some of the other stories beyond our borders tonight. we'll be right back. ♪ stand by ground ♪ won't be turned around ♪ and i keep this world from dragging me down why didn't we do this last year? before you were preventing migraine with qulipta®? remember the pain? 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"the washington post" is georgia's case against trump one case too many. this is no modest focus set of charges by a local prosecutor, the indictment ranges far beyond conduct in georgia to sweep in his efforts to change the outcomes in six other states as well. overt acts don't have to constitute crimes in and of themselves but using a candidate's victory speech as evidence against him is one aggressive move. again, an op-ed in the "the washington post." let's bring in our panel. katie pavlich news editor at town hall.com. chambers and guy benson at host of guy benson show on fox news radio. that last part in the op-ed in the "the washington post" that these individual moments don't have to constitute crimes but together they ask be construed as a ricco charge against all 19. >> yeah. i think it's sort of a legal nicety that flies over many of our heads where if you are trying to prove a conspiracy under these statutes that are typically used to target the mafia, for example. can you have underlying and predicate acts that unto themselves are not criminal activity at all but they show that it was done in furtherance of a criminal goal. that's my understanding of it i talked to andy mccarthy our colleague on the radio today. is he a former prosecutor so he knows much more about this than i do. he said some of these charges in the way that they're constructed will be difficult to prove. especially against former president trump but some of the over charges within this latest indictment he said are serious. there is a real peril here for trump. he listed of the four the mar-a-lago federal indictment is the most dangerous for trump. this one close to second place. followed by january 6th. both the barrel is new york city so that's andy's take at least. and it gets a little overwhelming even to catch them all straight and you wonder how voters react to that. >> bret: you need a whiteboard. >> you do. last night you had former secretary of state. former democratic nominee. former first lady hillary clinton appearing on this night to talk about this. take a listen you can run the best campaign. can you even become the nominee. and you can have the election stolen from you. >> all of the efforts by donald trump, his allies, and his enablers to try to silence the truth to try to underline democracy have been brought into the light and justice is being pursued. >> bret: jessica, for republicans they listen to that and they say ugh, the durham report. all that was inside that. this is pretty rich at this moment. >> this is one reason why the white house and the president of the united states his re-election campaign are trying to stay away from this topic. they don't want it to seem political. they have made the argument that he will not be involved in the department of justice. president biden will allow it to be independent. but, on the political angle, they also think that given that the media, including us at this round table are talking about it, you also have republicans in the race talking about it they are giving this plenty of air time. they have chosen, instead, to focus on president trump and the economy. and biden's economic message because they believe that the economy, once again, will be the number one issue in this election. >> bret: bidenomics the focus today in wisconsin with the president's trip. katie, on what happened last night and the fallout from it? >> there are bigger questions here whether these continued indictments amount to the criminalization of the pursuit of a recount. whether you agree or disagree with the president's pursuit of that. the language that was used and a chilling environment that these indictments create with republican chairman across the country or with lawyers who may want to work for republican campaigns because given the history we have seen with democrats and denying elections and pursuing recounts and maybe doing things differently than laid out in this indictment, but it does feel like democrats are allowed to pursue those things while republicans are now being indicted for what is supposed to be a normal political process. of the bigger question, too, is how it looks for the country to have the number one political opponent of president joe biden being repeatedly indicted by political actors like the d.a. in georgia, and his department of justice while they claim to say that they are independent while at the same time you have someone like david weiss now appointed as special counsel who has treated the hunter biden case in a way that even the judge in that case said in july was unprecedented. and that's why the plea deal fell apart. the polling shows this is -- that doesn't seem like very good territory for the country moving forward. >> bret: that plea deal fell aparticipate. the judge found this broad immunity inside the plea deal and it went by the wayside. now david weiss, the u.s. attorney is the special counsel approved by the attorney general. special counsel weiss says hunter biden plea deal is not in effect in new filing. now, the judge must mediate and determine whether she agrees with the government that the gun charge diversion agreement is not valid or that she agrees with hunter biden's attorneys that it is valid. essentially hunter biden's attorneys are saying no, no, no. >> we signed. this this was already locked in. and that's already done. and weiss is saying no. >> seems like it was agreed to. that's the most significant thing that happened today in these back and forth debates and some of the filings earlier in the week. hunter biden's lawyers are saying absolutely we agreed with the prosecution that there was this future immunity element of the plea deal which we didn't even know about until it fell apart in open court. >> bret: and because of the judge and her questioning. >> her question. one simple question from the judge unspooled the whole thing because it was embarrassing for the justice department. the plea deal for hunter biden which was terrible to begin with was even worse than we realized. so humiliatingly so they had to abandon it in open court when that one question was asked. the man's whose office green lit that plea deal after sham investigation is now the special counsel. that underscores, i think, the problematic nature of that appointment by merrick garland ohio suspect did exactly what he meant to do and knows what he is doing. >> bret: reporters in the white house briefing room have asked these questions, a couple of them. francesca, the president has not talked about this at all. shouted questions and kept walking. this also goes back to what we were talking about. he doesn't want to talk about this either. they don't want to get involved in this. they referred questions to president biden's personal attorney. >> bret: one had to step away because he is a potential witness about this plea deal agreement situation. sorry to interrupt. >> that's absolutely right. they referred it to the personal attorneys. we also heard them take a slightly more aggressive tone over the last couple of days while defending the president from the podium at the white house and saying that he did nothing wrong and republicans have not been able to tie him directly to his son's business dealings. >> bret: and we shall see. panel, thanks so much. ♪ ♪ okay, time for "tuesday tweets" is it still tuesday queets? first calvin asks, will the candidates who don't sign the required pledge to support the eventual republican nominee be allowed to debate in milwaukee? great question. the rnc says no. we expect that to be the case. up next, larry wants to know will you be inviting viewers' questions for the debate? yes. please. on twitter or x, you can at bret baier. twitter has officially changed its name to x. are you going to change the name of the segment to tuesday x -- i will take recommendations. i don't know. what do you call it f something? tomorrow on "special report," larry elder. we said we were going to talk to everybody. we are. please remember, if you can't catch us live. set your dvr 3:00 p.m. on the west coast. 6 p.m. on the east coast. that's it for "special report," fair, balanced and still unafraid. ingraham angle starts now. ♪ ♪ i'm laura ingraham. this is "the ingraham angle." thank you for being with us tonight. now, in just a few days the g.o.p. presidential candidates, we hope all of them are going to square off for the very first time in a debate right here on fox news. but, before that, governor ron desantis, he'ed to join the angle so he is going to join us, exclusively, later in the hour. but, first, america on the precipice. that's the focus of tonight's angle. ♪