that chases excitement, sometimes at the expense of education. there is a political lesson of the gladiator circle as well, populism gives people what they want, good leaders persuade people to move towards what they need. in 15 months we pick a president the world is fraught with peril, our country is divided, institutions once relied upon have let us down, some are wondering if our best days are behind us, if we are simply managing the decline, managing the dissent or if america can rally again. on wednesday night we begin the process to pick the nominee for president, the first presidential primary debate on the gop side, what would you ask? what do you want to hear, what are your expectations, do we merely want to be entertained as the crowd in the roman coliseum or do we know are well of sorts, there's much more at stake than a fun night of television. are we open to something or someone new, are we open to persuasion, what are we looking for any candidate, a thinker who knows when to fight or a fighter who occasionally stops to think. do we want to smooth talker or more halting delivery yet steeped in authenticity. this week alone there were sobering numbers on the homele homeless, those with no place to sleep as it finances, wages, access to credit or mental health or poor decision-making, is there a government role and if so what is the role. is that issue worthy of debate among those who seek to lead us, should great people provide a roof, what do those seek to lead you have to say about that, our students are in crisis, educational attainment and achievement are down, depression and suicidal ideation are up. is that a federal, state, local or family matter, is it important enough for our leaders to discuss, 40 million americans live in poverty including some who work their tails off every week trying to be financial obligations, hoping for a car that does not need repaired or a roof that won't leak, a kid that can go to college without crippling debt, is that worthy of hearing our leaders discuss crime, our justice system, more debt, the role of government, jobs, healthcare, unfortunately, we know what entertains intercurrent culture, ad hominem attacks, talk of prison, talk of weight and dieting, table manners interrupting one another, talk of loyalty or betrayal, insults, one-liners, nicknames, stinging reviews, we know what passes for entertainment but we also know there is more at stake and i hope the candidates vying for your support will deliver more. their answers will rise to meet your lofty expectations. i believe knowing the moderators, the questions will be tough, fair and relevant. i hope the answers will be honest, fair and on point, these women and men are seeking the most important office on earth to represent a unique people during a challenging dangerous time for our country. that should spawn gravity and sobriety and humility and respect, here is to hoping that the candidates answer the questions, comport themselves and interact with one another, consistent with the greatness of the country and the people they seek to lead. joining us now the anchor of the story, co-moderator of the upcoming republican presidential primary debate and actually it is the law of nature that you cannot have an election night without martha maccallum, thank you for joining us. this is what vexes me, what a daunting task that you have, i cannot forgive anyone better than you and bret baier, i might also slide and bill hemmer, i can't imagine anyone better on election night, how do you decide on debate night what to ask and of whom. what is the process like as you prepare. >> first of all, thank you very much for the kind introduction, it's always great to be with you. one of the things that i think about when i'm writing questions are people like you, how would trey ask this, how would people approach this who i admire in terms of their ability to question people. one of the things that you want to accomplish is to give people a chance to share with the audience what they would do to make the country better. then you have to get it from a political angle as well, there's a lot of strategy involved and how one of these people is going to jockey themselves into the contender and one of a couple of contenders who make it through the early stages of this process starting with the debate in order to get into the head-to-head position with the former president donald trump. i think we really want people to walk away from the debate on wednesday night feeling like they have a better sense of all of these people and maybe their eyes are open to one or two of them that they want to hear more from that is the main goal to move the process forward it away people feel is edifying and they are more interested in the morning after on thursday. trey: martha i appreciate what you said but i would rather question murder suspects then political candidates, i will tell you why, from time to time, i hate to sound senecal but from time to time, they don't answer the question that is asked. how you decide as a moderator when to go back and point out, hang on, that's not what we asked versus letting the viewer take points for avoiding the question, how do you balance when to say that's not what i asked versus letting us decide that. >> i think when it's so blatantly not what we asked and is so interesting and debate preparation i spoke to the candidates in general terms in the preparing and were preparing in the document came up for one of the campaigns allegedly from one of the campaigns that basically said when you don't like the question, pivot and get your thoughts out there. i think it's really important to listen. if you are not listening to the answer after you asked the question, you will not be a tune to whether or not they have dodged it. a thick a lot of times people want to hear a yes or no answer so i think that's a moment as a moderator which is the rule were not there to interview per se we are there to moderate, you are the person that has to keep it on track and hold people to the question and make sure the viewers and the voters were the most important part of the evening are getting the answer to the question. trey: you are a sportsnet, i'm a sports not, we'll talk about referees we all need referees and judges and empires, we don't want them to play the central role in the debate, we have seen debates in the past, presidential debates, primary debates where the moderator seemed to want to take over, how do you play the role of umpire referee judge without playing a starring role? >> i love that you asked that question. i think for both of us, brett and i have been talking about the debate a lot over the past couple weeks and with some people that we done interviews with both of us see ourselves as moderators. the night is not about us, the night is about the future of the country and how the republican party will choose the nominee and the focus really needs to be on the candidates, our job is to draw out of them in the most concise and challenging way, how they would deal with the very serious issues that confront the country. i saw a number this morning, 76% of independent voters who are the people that you know decide elections believe that the country is headed in the wrong direction, that is a huge number, there are significant issues. it's not about me or brett we hope to be seeing the next day, the goal to be a good facilitator, it challenging question, fair moderator and get out of the way. trey: if you are your self you'll be seen as all of that because that's all you've ever been, i can't think of anyone better to do this, the only thing i worry about, you have two candidates from south carolina and there is a chance you will not understand what they say. that is my only fear is the accident. >> can you do translation for me. >> i will, yes i will, best of luck on wednesday night. >> bret baier and i will see you then, thank you so much. trey: coming up, more indictments for former president trump, plus a second fbi employee pleads guilty in connection with russia, former director of national intelligence john lee ratcliffe and house intelligence committee member dan crunch alright after the break. ♪ [ sighs ] can't sleep? just a lot on my mind. i can't sleep either. it only gets tougher with age. mom, what? well, knowing progressive can protect your home, auto, and business should help you relax. good, because i could use a good night's sleep! me too. d'yknow how early the chimney sweep gets up every day? wait, is this all a dream? why would jamie be in my dream? i am america's biggest spokesperson! -debatable. -i said biggest! well, he's got you there. trey: welcome back to "sundaynir president donald trump is facing a sweeping indictment in georgia alleging in essence he and others conspired to commit fraud as it relates to the 2020 election, you may recall special counsel jack smith alleged co-conspirator unnamed in his indictment, georgia prosecutors did not, among the accused co-conspirators are rudy giuliani, sidney powell and mark meadows, joining us on the latest charges as a former director of national intelligence and former federal prosecutor john lee ratcliffe, welcome director and special counsel jack smith charged conspiracy, the atlanta da charged rico, the folks at home you can include me, what is the difference if two or more agree to violate the law a lack of conspiracy versus ricoh or is it too complicated for me to understand. >> no it is not, even you can understand this. the conspiracy is two or more people who plan to commit a crime where the rico statute requires two or more people to take over in furtherance of a criminal enterprise and prosecutors generally like rico statutes because it allows them and designed to go after mafia kingpins and the heads of organizations who would avoid liability by ordering other people to do the illegal acts or dirty work for them, the da and fulton county can say i don't have to prove the donald trump did all these things if he was aware of and directed at the people to take actions, the problem for her is the issue about proving there was a criminal enterprise in the over acts that she alleges supports that. that is where this comes off the rail so to speak, what she alleges in that over at asked what seems to me and others to be constitutionally protected, the first amendment freedom of speech rights that people have that she says are evidence of criminal activity in furtherance of a crime. trey: there is a transcript from a phone call, there is a phone call between then president trump in the secretary of state georgia. it seems the phone call will be exhibit a for the prosecution and the defense, what do you make of the phone call and do you see a potential defense actually in the transcript? >> i do, your viewers have only heard part of the transcript it is part of the call that has been played over and over again were president trump talks to the secretary of state in georgia brad raffensperger and says brad i need you to find 11870 votes and the argument that the da wants to make in this case, that is proof and intent of the president's state of mind that he wanted the votes to be stolen, the problem what no one has played as the rest of the transcript with the president says to the very same secretary of state i did not lose the state, brad. andy says an angry voice, it's very clear to me that is evidence of what his state of mind was and what his intent was at the time, i need you to find the votes of an election that we both know why one because i did not lose this date, i think that is a tremendous legal hurdle that the da will have in this case. the defense is going to have a field day with the witnesses that they will call in this case to prove the point are going to be democratic legislatures and the president because it was a democratic-controlled congress and president biden himself who signed into law an amendment to the electoral act of 1887 on the theory that there was ambiguity in the law and the law needed to be cleaned up to make clear what the vice president roles and responsibilities were in accounting electoral votes. for all of those reasons is a difficult case for the prosecutor to make in this. at the end of the day i don't think we'll see that the constitutional challenges on an appeal if there is a verdict by convincing 12 jurors that the president had the state of mind to engage in a criminal enterprise overturned, i don't think it's going to happen. trey: the state of mind, the only people who think intent is easy to prove are people who never had to do it. you and i did, it's harder than you might think that john lee ratcliffe, thank you for explaining even where i could maybe follow it, we look forward to having you back on, thank you for joining us. for years the fbi investigated former president trump over allegations that he conspired with russia, the impact of the 2016 presidential race, the media played right along in the story cast a cloud over president trump's entire term in office. as it turns out, people were paying money to russian actors for misinformation. it just was not trump. the fbi paid more money for russian misinformation then trumpeted, the media breathlessly speculated on how many members of the trump family would wind up in prison for collusion, we now have a second fbi employee pleading guilty to russia, russia, russia. a former top counterintelligence official who investigated russian oligarchs was actually helping one, another bad day for the fbi, you should know when you're literally the only police force on earth the left supports that something is amiss. for those keeping score at home, it's fbi to, trump family 0 and the russia conviction sweepstakes. i wonder if media scrutiny will be the same? and last as long. joining us now house intel committee member congressman dan crenshaw from the great state of texas, congressman it's been an awful seven years for the bureau. i'll just ask your reaction to another employee, this is a senior agent responsible for counterintelligence, pleading guilty to helping a russian oligarch and he also has pending charges in another jurisdiction. i'll get your reaction to that as a member of the intel committee. >> as an american we need to fbi to have a good solid reputation, we need to be able to trust our fbi as a national international law enforcement agency, 99% of the people that work there do extremely important and noble and honorable work at a trustworthy manner, you have bad apples that keep popping up, are we catching them, that is the good news but the bad news, it happens. the bad news it happens in especially when it has to do with russia people lose additional faith in the fbi, especially when you look at the years that this was apparently happening, it was happening during the time where everyone was accusing trump of colluding with russia. it is going to make it harder as we reauthorize programs like pfizer 702 it's one of the most important intelligence programs we have. it helps us track fentanyl and battle the cartels in a hopeless battle china, we need this program, we cannot have fbi agents engaging in this kind of abuses, it's going to be harder and harder for the public to understand why we need the government to have the authorities that it has. we need to do a better job that in these folks before they get to the high level positions because somebody like peter stroke who i think single-handedly destroyed the fbi's with what his actions were. the most guilty out of all of them, his reputation is rent he's fired from the fbi but he is not in jail. these things need to be criminal behavior when you completely dismantle the trust of an institution as important of the fbi. trey: congressman you mentioned some words that, intention, you talk about trust, terrorism and you put your finger on it, their surveillance reauthorization that are up for renewal either now or soon will be, what is your sense, what is the current mood of the congress and you sense of the bureau and the other members of the intelligence community understand the frustration within the public and in members of congress that the lack of trust may jeopardize programs that you need. >> they know it, they are very clear on this, there also been very open on the intelligence committee and being open with members of congress, a lot of classified briefings showing us exactly what they click on through the software. how they do the query searches that they do their fisa. the fbi is the focus of this, it's not so much the other intelligence agencies, there is a reason, the fbi is a national law enforcement agency which means are going to be investigated americans all the time, that is the job, when they use fisa to do that, people's worry fisa creates a backdoor for a warrant list, gets really complicated, i don't know how much time we have to talk about this. they are being very open, they made a lot of changes to how they do things to drastically reduce the mistakes that could possibly be made when improperly searching for an american citizen ornamented citizens information. but when we reauthorize that, were looking at changes in law that need to take place and i think one of the changes when you deliberately do something wrong, there needs to be a criminal offense as opposed to a fireball effect, that's one thing we need to look at. trey: thank you for joining us, we touched the surface and will go deeper next time on your podcast or mine. >> that sounds like a plan, let's do it. >> congressman dan crenshaw from the great state of texas. thank you. still to come california is living the old axiom, be careful what you wish for, another case of buyers remorse when it comes to progressive prosecutors, richie greenberg was part of one recall campaign and gearing 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[coughing] ...copd sitting down. ♪it's a new dawn,...♪ ♪...it's a new day,♪ it's time to make a stand. ♪and i'm feelin' good.♪ start a new day with trelegy. no once-daily copd... ...medicine has the power to treat copd... ...in as many ways as trelegy. with three medicines in one inhaler,... ...trelegy makes breathing easier for a full 24 hours, improves lung function, and helps prevent future flare-ups. trelegy won't replace a rescue inhaler... ...for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating,... ...vision changes, or eye pain occur. take a stand, and start a new day with trelegy. ask your doctor about once-daily trelegy... ...and save at trelegy.com. i'm ashley strohmeyer back to "sunday night in america" for all your headlines go to foxnews.com. trey: welcome back to "sunday night in america", california is a beautiful state but it can be baffling, the same state to produce ronald reagan gave you jerry brown, california had a fascination with the so-called prosecutors and electing the so-called progressive prosecutors voters want to recall the progressive prosecutors so some are wondering why don't you skip a step and not elect them in the first place, next on the daca is the people of alameda county versus pamela price, da price has been in office less than a year but do not underestimate her, she has done a lot of antigen in a short period of time, she does not like long prison sentence, pretty much whatever you have done she hired her boyfriend who himself is not without some question. let me share the concerns of one group, i will quote, failed leadership including the movement to defend the police, the district attorney unwillingness to charge and prosecute people who murder and commit life-threatening serious crimes in the proliferation of anti-police rhetoric for haiti for oakland criminals. that was from the naacp not the police association not a victim association that was naacp in their correct people deserve to be saved to live without fear of being victimized. a system guarantees you the right to defense counsel but the prosecutor should not be the defense counsel we have an adversarial system not where both sides stand up to the criminals richie greenberg led the effort to the former san francisco prosecutor and he joins us now with more on the recall campaign on da pamela price, the first question folks have had a da price get elected in the first place, i actually better campaign material, i went to her old campaign site she ran as soft on crime person and she's doing what she promised to do, why the remorse now from the voters. >> there are several factors involved, alameda county is a complex area with 23 incorporated cities and villages each has its own character, own police force and own leadership and own demographics, the largest and well-known area of alameda county is oakland and they are the ones that tipped the vote in favor last november before pamela price, pamela price joins us club along with several others around the state, george basco, alvin bragg were supported by george soros, it's difficult to bring up the name soros because of all the implications and pushback by pro-soros people. this is a fact that we have someone such as soros and backs candidates who are pushing for change or so-called change progressive das and you and i and most people that have lived under this progressive da phenomenon, we know that they are not really prosecutors, the candidates that want to use the fancy words and phrases to try to justify why they need to be elected, then as we see over and over again they immediately go to work and they throw a monkey wrench into the criminal justice system and they do whatever they can quickly to dismantle what we know criminal justice. trey: they are definitely not prosecutors are criminal defense attorneys masquerading as prosecutors, i recently watched an interview, a television interview where she said this actually is not the job of the district attorney to make the community safe which is the most mind-boggling thing i've ever heard exact what she believes she's in the wrong job she should run for mayor or state assembly for don't think the prosecutor has any role of making the public safer why did you run for. >> that's exactly right you hit the nail on the head, there are bizarre statements coming from pamela price yet we've seen it from other progressive das weather tried to justify why they are not taking, not even a tough stance on crime but a normal stance on crime they want to redo legislation they want to change the role and create alternatives that's not what they're supposed to be doing in district attorney prosecutor and you yourself to believe used to be prosecutor in the past you know what you gotta do and take the evidence from the police in charge of criminal go to the trial secure a conviction and jail time these progressive attorneys don't want those who have been charged to go to the system they want to find an alternative in some other way to hold the criminals accountable not only did they fail in society but they are succeeding as a defense. trey: better on the front end. will be watching to see if we can get rid of another progressive prosecutor, thank you for joining us on sunday night. one year ago name the inflation reduction act, what should be called today, senate finance committee member john barrasso from the great state of i'm patriotic kenny. and, hi, i'm amanda on tiktok. my scooter broke down. i went into a depression. how do you feel about that? pretty sad. and i posted it to show that kenny's not always happy. within 24 hours people had donated over $5,000. no, you're kidding. we set up the patriotic kenny foundation to give mobility scooters to veterans. it has changed my life tremendously. none of this would've happened without tiktok. trey: welcome back to "sunday night in america", both political parties are likely to use the economy to bolster their arguments for election republicans will point to writinrisinginterest rates, deml say inflation is actually going down, job numbers are going up in the stock market is just about recovery, they can't both be right, who wins in 2024 is really about the economy, joining us on the anniversary of the so-called inflation reduction act is a member of the senate finance committee, senator and doctor john barras barrasso, welcome senator, it seems strange that both political parties think the economy is a winning electoral argument, who do you think is right and why? >> republicans are right, the headline is this, high prices are here to stay in the american people know who caused it, joe biden and the democrats, they are out there celebrating, this is a disaster for so many people all across the country they call it bidenomics, the shorthand for bidenomics, you pay more and you get less, i was at the state fair in douglas wyoming and everyone is talking about the cost of things, the price of groceries continue to go up, the price of gasoline continues to go up people are having a harder into harder time keeping up, the way the american people see joe biden is his numbers are very low, bill clinton used to say is the economy stupid, what the american people are saying to joe biden, it is the inflation stupid he is not doing anything about it. trey: 's editor, you went to medical school so you understand these things a lot better than old country lawyer, there is a new pull out this is most americans feel good about their own financial situation but they do not feel good about the overall economy, i am trying to square those seemingly incongruent believes that i may be okay but i'm really worried about the overall economy or maybe my neighbors, how do we square that and you think that people are going to vote based on their own situation or the perception of what the larger economy is come next november. >> three quarters of america say the country is heading in the wrong direction, when people vote on that is good to be a good year for republicans. in terms of joe biden in the economy and bidenomics, only one in five say it's helping them and twice as many say it's making their life worse, when you take a look at the three basic fundamental truths about the whole bidenomics, all of this inflation, prices shot up when the democrats had lots of money recklessly. then there coming out us with all the regulations, they want to regulate every room in your house from the stove in the kitchen to the car in your garage and interest rates are way up, forty-year hi if you try to borrow money to buy a house these are grid facts that are hurting people's families the secretary of treasury said people are happy with things they are not in last week joe biden said it's not about inflation, it is about the climate and that's what he told donors in new mexico this past week. trey: we have a debate coming up wednesday night, i bet you that every one of these candidates, potential nominees think it is a problem and i bet not a single one of them is going to talk about reforming the entitlement of mandatory spending so how do we have fiscal responsibility as you alluded to on the senate floor without tackling mandatory spending and is there a political will to do so? >> you have to address those in the candidates audit address that and you audit talk about what we can do to get the car to be moving in a positive way. timmy is cutting back on the reckless spending and republicans will do that as eliminating a chokehold of government republicans and it's about unleashing american energy, i hope these candidates talk about what i refer to as the hidden americans the people to go to work every day they are wide-awake and i think they will pay close attention to who's going to do something to make their lives better not the extreme liberal left. >> senator john barrasso in the great state of wyoming, thank you for joining us on a sunday night. we look forward to talking to you real soon. coming up we hear from you only on a "sunday night in america" >> woman: why did we choose safelite? we were loading our suv when... crack! safelite came right to us, and we could see exactly when they'd arrive with a replacement we could trust. that's service the way we want it. >> singers: ♪ safelite repair, safelite replace. ♪ ancestry made it really easy to learn about my family's history. finding military information, newspaper articles, how many people were living in the house and where it was, makes me curious and keeps pulling me in and the photos reminding me of what life must have been like for them. finding out new bits of information about the family has been a wonderful experience, it's an 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(psst psst) flonase. all good. up to 8 weeks of relief with cytopoint. that's a lot more fun time, right max? yup. it's life-changing time. ♪ ♪ cytopoint is a long-lasting treatment for allergic dermatitis. just one injection given by your veterinarian can control allergic itch for 4-8 weeks. it's life-changing itch relief that brings back the fun in life, day after day. now's the time to ask your veterinarian for cytopoint. mr. senna's into nature. professor kot's into science. but together, we work! like our senokot laxatives. to relieve occasional constipation, senokot's made from the senna plant. refined by science to be reliable. perfect match! just like us! hmph! senokot. >> welcome back to "sunday night in america," with each week we enjoy hearing from you, we love hearing what is on your mind, tonight we start with a question from tammy in ohio. >> yes, tammy, i th i will be watching, i will be there in person, i hope you watch. because in 15 months, we will be electioni electing the leader of the free world, these candidates are auditioning for that job, our country has challenges we seem as divided as ever, the stakes are high, i will confess the format does not lend itself to thorough substantive answers to serious issues foremost on your mind but you can still learn a lot about the women and men who purport to lead you, judge how the questions were answered, how they prioritized issues, how they interact, are they fair, thorough and prepared, knowledge is power, you will gain from think knowledge and power by watching the candidates. >> carol asks: >> let me offer 3 possible suggests, number one get to know someone who does not look like you. think like you, worship like you, or vote like you. pursue an unlikely friendship. i have never learned much from folks who don't know any more than i do. and i have not really learned much from folks who have the same thoughts and positions and perspectives that i have. so, pursue a friendship with a coworker, a neighbor, someone who is not like you, at least in some areas. number two, practice grace. i saw someone remarkable things in the courtroom, families forgive the person who took the life of a loved one. victims show mercy to those who did not deserve it. many of us recall in aftermath of the shootings at mother emmanuel church in south carolina, families of those murdered, all gave forgiveness to the man who killed their loved one a racist who killed 9 black christians because they were black, and yet it was not revenge the families advocated for, it was grace. people who have suffered the most showing grace while some here, cannot even enjoy a meal a holiday meal with family without the meal devolving into a political fight. lastly, i think we would be better off if we embraced the art of persuasion. trying to move others using facts and logic and -- sincerity in a wins some way, our last question from jacob, how do you test a theory on electability before taking it into the ballot box? >> jacob, this is hard. ronald reagan, bill clinton, barack obama, donald trump were called unelectable. together they served 28 years as president. meanwhile republicans were told that senator john mccain would be more electable against president obama in 2008, and romney in 2012, they both wound you of losing. -- up losing. but they both wound up not being electable in those races. if someone has lost a lot of other political races, i would pay attention to, that if someone were widely seen as unlikeable, i would pay attention to that. there are candidates who look great on paper, but only on paper. and then there are candidates that we're told are prone to gaffes and verbal missteps, yet the american people seemingly overlook those short comings because they find them to be authentic. electionbility is fun tong about. and really hard to prove -- electability is fun to think about and hard to prove, perhaps we're best voting for whoever matches our ideology on the issues and lead electability part to the so-called experts who told us that ronald reagan was unelecti unelectable. good night from south carolina ♪ ♪ >> this is a fox news weather alert i'm jon scott in new york tropical storm hilary barreling across southern california tonight, people are hoping for the best and bracing for worst. heavy rain is to cause catastrophic flooding and mudslides overcoming hours, some places could see more than a year's worth of rain before all is said and done, a large portion of southern california already under's state of emergency. officials urge residences to stay inside and avid all unnecessary travel, parts of arizona, and much of nevada could face a similar scene through tuesday as the storm tr

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