entertaining. that flaw that chases excitement, sometimes at the expense of education and there is a political lesson in the gladiator circle, as well. pop limp gives people what they want. good leaders persuade people to move toward what they need. in 15 months, we pick a president, the world is fraught with peril, our country is divided, institutions have let us down. some are wondering if our best days are behind us and we're managing decline and decent or if america can rally again. wednesday night, we begin process of picking one nominee for president. it is 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 a roman coliseum or do we know in our souls, there is 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 in a candidate? a thinker who knows when to fight or a fighter who occasionally stops to think? do we want a smooth talker or more halting delivery, yet steeped in authenticity? this week alone, sobering numbers on homeless, those with no place to sleep. is it finance, wages, access to wages or poor mental health. is there a role in government the? what is that role? is that issue worthy of debate among those who seek to lead us? should great people provide a roof? what are those who seek to lead you have to say about that? our students are in crisis, educational achievement is down, depression and suicidalideiation is up. is that a federal, state, local or family matter? is it important enough for leaders to discuss? 40 million americans live in poverty, including some who work their tails off every week to meet financial obligations, hoping for a car that doesn't need repair, a roof that won't leak, a kid that can go to college without crippling debt. is that worthy of hearing our leaders to discuss crime, justice system, death, role of government, retirement, healthcare? unfortunately, we know what entertains our current culture. talk of attack, weight and dieting, interrupting one another, talk of loyalty or betrayal, insult, one liner, stinging rebuke. we know what passes for entertainment, but there is more at stake. i hope the candidates vying for your support will deliver more. their answers will rise to meet your lofty expectations. i believe, knowing the mod operatorses, 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. and here is to hoping 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 is the anchor of "the story," co-moderator of the upcoming republican presidential primary debate and actually i think 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 mean, i cannot think of anyone better than you or bret baier, i might slide? bill hemmer, i can't imagine anyone better on election night or debate night. how do you decide what to ask and of whom? what is that process like as you prepare? >> martha: first of all, thank you for that kind introduction, great to be with you. i always think, how would trey ask this, how would people approach this who i admire in terms of ability to question people. one thing you want to accomplish here is to give people a chance to share with the audience what they would do to make the country better, right? and get it from a political angle, as well. there is a lot of strategy involved in how one of these people will jockey themselves into being the contender or a couple of contenders who make it through the early stages, starting with debate to get in the head-to-head position with former president donald trump. we want people to walk away from the debate on wednesday night feeling like they have a better sense of all these people and maybe open to one or two of them that they want to hear more from. i think honestly, that is the main goal, move this process forward in a way that is etifiying and they are more interested in the morning after on thursday. >> trey: i appreciate what you said. i rather question murder suspects than political candidates. i'll tell you why. from time to time, they don't answer the question that is asked. so how do you decide as the moderator, when to go back and point out, hang on a second, that is not what we asked, versus letting the viewer take points off for not answering the question. wait, that is not what i asked versus letting us decide that? >> martha: when it is so blatantly not what we ask and you look at debate preparation and i've spoken to the candidates in general terms because obviously they are preparing and we're preparing. there was a document from one of the campaigns yesterday, allegedly from one of the campaigns that said that, when you don't like the question, pivot and get your thoughts out there. i think it is important to listen. if you're not listening to the answer after you ask the question, you won't be attune to whether or not they have dodged it. a lot of times people want to hear a yes or no answer, that is a moment when you as mod rarts rarts, that is the role, not there to interview, you are there to moderate and keep it on track and hold people to the question and make sure that the viewers and the voters, most important part of the evening are getting an answer to the question. >> trey: you're a sports nut. i'm a sports nut. let's talk about referees, judges and umpires. we don't want them to play central role in a debate and we've seen debates in the past, presidential debate, where the moderator wanted to take over. how do you play the role of umpire, referee, judge, without also playing a starring role? >> martha: well, i love that you ask that question because i think for both of us and bret and i have been talking about the debate a lot over the past couple weeks and also with people we have 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, how the republican party will choose a nominee and the focus 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, people who decide elections, believe the country is heading in the wrong direction thachl is a huge number. there are significant issues here. it is not about me or bret, we hope to be seen the next day, as a good facilitator, challenging questioner, a fair moderator and then get out of the way. >> trey: if you are yourself, you will be seen as all of that, that is all you have ever been, i can't think of anyone better to do this. 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 fear, the accent. >> martha: can you do translation for me? >> trey: i will, best of luck on wednesday night. >> martha: bret baier and i will see you then. thank you, trey. >> trey: coming up, more indictment for former president trump and second pleads guilty in connection with russia. former director of national intelligence john ratcliffe and committee member dan crenshaw right after the break. e break. ♪ introducing the limited edition disney collection from blendjet. nine exciting designs your whole family will adore blendjet 2 is portable, which means you can blend up nutritious smoothies, protein shakes, or frozen treats, just about anywhere! recharge quickly via usb-c. it even cleans itself. order yours now from blendjet.com and bring a little disney into your life. dear santa, i hope you are having a good day in the north pole. is it cold all the time there? is that why your cheeks are so rosy? i bet all of your reindeer are very excited. is your beard long? my dad's is scratchy. my mom says i'm a good helper. but you didn't come last year. was my chimney broken? or did you forget? i do that sometimes. i just really hope this year when i wake up... i'm gonna see... ...that you came to my house too. wow. donate to toys for tots. and help the marines deliver hope to a child in need. (sfx: crowd noise. ref whistle) sarah, you got this. ok? (sfx: referee whistle) ♪ say, what you wanna say ♪ ♪ and let the words fall out ♪ ♪ honestly, ♪ ♪ i wanna see you be brave ♪ ♪ with what you wanna say♪ ♪ and let the words fall out ♪ ♪ and let the words fall out ♪ but they lost ♪ and let the words fall out ♪ not really. ♪ what you wanna say ♪ not where it counts. ♪ i wanna see you be brave ♪ ♪ just wanna see you be brave ♪ >> trey: welcome back to "sunday night in america." former president donald trump is facing a sweeping indictment in georgia. alleging in essence he and others conspired to commit fraud as relates to the 2020 election. special counsel with jack smith left alleged co-conspirators unnamed in his indictment. georgia prosecutors did not. among the accused, co-conspirators are rudy giuliani, sydney powell and mark meadows. joining us on the latest charges is former director of national intelligence and former prosecutor john lee ratcliffe. the atlanta da charged rico. what is the difference? two or more violating the law, why conspiracy versus rico or is it too complicated for me to understand? >> it is not, trey. you can understand this. conspiracy is two or more people who plan to commit a crime, whereas rico act requires two or more people to take over actses in furtherance of a criminal enterprise and prosecutors generally like rico statutes, it is designed to go after mafia kingpen and head of organization that would avoid liability by ordering other people to do the dirty work for them. current application, the da in fulton county can argue i don't have to prove donald trump did these things as long as he was aware and directed people to take action. the problem for her is proving there was a criminal enterprise and overt acts she alleged support that. that is where this thing really comes off the rails, so to speak. what she alleges in that as far as overt acts seem to me and others to be clearly constitutionally protected, first amendment, freedom of speech rights that people have that she says are evidence of criminal activity in furtherance of a crime. >> trey: you know, there is a transcript from a phone call, phone call between then president trump and secretary of state georgia, that seems that phone call will be exhibit a for the prosecution and the defense, what do you make of that phone call and do you see a potential defense actually in the transcript? >> i do, your viewers have only heard part of that transcript, part of the call played over and over again where president trump talks to the secretary of state in georgia, and says issue brad, i need you to find, 11,870 votes. the argument the da makes that is proof of intent of the president's state of mind, he wanted those votes to be stolen. what no one has played is the rest of the transcript where the president says to the same secretary of state, i did not -- state, brad, and says it is in an angry voice temperature is clear to me that is evidence of what his state of mind was and his intent. i need you to find me votes of an election i won, i did not lose the state. that is tremendous legal hurdle the da will have. the defense will have a field day with the witnesses they call to prove the point are going to be democratic legislators and the president because it was a democratic-controlled congress and president biden himself, who signed into law amendment to the electoral count act of 1887 on the theory there was ambiguity in the law and the law needed to be cleaned up to make clear what the vice president's roles and responsibilities are in counting electoral votes. for those reasons, it is a difficult case for the prosecutor to make at the end of the day, one i don't think will stand up to constitutional challenges on appeal if there is a verdict, but convincing jurors the president engaged in a criminal enterprise, i don't think it is going to happen. >> trey: state of mind, mens rea, people who have never had to do it, you and i did, it is harder than you might think. john lee ratcliffe, thank you for explaining it where i could 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 he conspired with russia to impact the 2016 presidential race and the media played along. 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 wasn't trump. the fbi paid more for russian misinformation than trump did. media speculateod how many members of the trump family would wind up in prison for collusion. we have a second employee pleading guilty to russia, russia, russia. a former top counter intelligence official who investigated russian oligarchs was helping one. another bad day for the fbi, but 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 is fbi 2, trump family 0 and the russia conviction sweepstakes. i wonder if media scrutiny will be the same and last as long? in joing us now is 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 will ask your reaction to another employee, this one senior agent responsible for counter intelligence pleading guilty to helping a russian ole gar and has independenting charges in another jurisdiction. i will get your reaction to that as a member of the intel committee. >> well, as an american, we need the fbi to have a good, solid reputation. we need to be able to trust our fbi as our national enforcement agency. they do important work, honorable and nobel work in a trustworthy manner. you have bad apples that keep popping up. are we catching them? that is good news, we are catching them. the bad news is that it happens. it happens, especially when has to do with russia, people lose faith in the fbi, especially when you look at the years this was happening, it was happening during the time when everyone was accusing trump of colluding with the fbi or colluding with russia and it is going to make it harder, as we reauthorize programs like fisa 702, one of the most important intelligence piecesy have, we can battle fentanyl and china, we need this program. we can't have fbi agents engaging in these kind of abuses temperature is harder and harder for the public to understand why we need the government to have authorities they have. we need to do better job vetting folks before they get to high level positions. somebody like peter strzok who destroyed the fbi's with his actions, most guilty of all of them. his reputation is -- and he is not in jail. when you dismantle the trust of an agency as important as fbi. >> trey: you mentioned words that caution attention, national security, trust, terrorism and you put your finger on it. there are surveillance reauthorizations up for renewal, either now or soon will be. what is your sense, what is current mood of the congress and do you sense that the bureau and other members of the intelligence community understand frustration within the public and members of congress that this lack of trust may actually jeopardize programs that you need? >> dan: they know it, they are very clear on this. they are also being very open on the intelligence committee, open with members of congress, a lot of classified briefings, showing us what they click on through the software and do the query searches they do through fisa. fbi is really the focus of this. it is not so much other intelligence agencies and there is reason for that. the fbi is national law enforcement agency and they'll be investigating americans all the time, that is their job whchl they use fisa, people's worry is that fisa creates backdoor for warrantless search. this gets complicated, not sure how much time we have. they have made changes as to ho they do things to reduce the mistakes that could be made when improperly searching for an american citizen or american citizen's information. when we reauthorize that, too, looking at changes in law that need to take place and i think one change when you deliberately do something wrong, there needs to be criminal offense to, as opposed to fireable offense. >> trey: thank you for joining us, we'll go deeper on this on my podcast or yours. >> dan: sounds like a plan issue let's do it. congressman dan crenshaw, from the great state of texas, thank you. california livingaxium, be careful what you wish for, another case of buyers remorse when it comes to progressive prosecutorsrismy greenberg was part of one campaign and gearing up for another. he joins us right after the break on the campaign to get rid of oakland da pamela price. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. (sfx: crowd noise. ref whistle) ♪ (music) ♪ sarah, you got this. ok. ♪ you can be amazing ♪ ♪ you can turn a phrase into a weapon or a drug ♪ ♪ you can be the outcast ♪ ♪ or be the backlash of somebody's lack of love ♪ ♪ but i wonder what would happen if you ♪ ♪ say, what you wanna say ♪ ♪ and let the words fall out ♪ ♪ honestly, ♪ ♪ i wanna see you be brave ♪ ♪ with what you want to say ♪ ♪ and let the words fall out ♪ ♪ honestly, ♪ ♪ i wanna see you be brave ♪ ♪ just wanna see you ♪ ♪ just wanna see you ♪ but they lost ♪ just wanna see you ♪ not really. ♪ just wanna see you ♪ not where it counts. ♪ i wanna see you be brave ♪ ♪ i just wanna see you ♪ ♪ just wanna see you ♪ ♪ be brave ♪ my name is jacqueline white. i am northern arapaho. i was hired to build partnerships on the wind river reservation so that we can have food pantries here and work with the tribes. one of the elders told me, there is no higher honor for our people than to give one another food. i feel so blessed to be able to help people with food on this reservation. food is sacred to our arapaho people. we utilize that food in all of our ceremonies. for those that will partake, it could nourish their heart, their mind, their body, their spirit. that nourishment that it has, that comes from mother earth. we have that respect and love for it. >> this is a fox news weather alert, i'm ashley strohmier in new york. emergency crews in southwestern u.s. on high alert, tropical storm hillary batters the egregiousion southern california and parts of nevada. severe flooding and mudslides are taking hold. some places could get a year's worth of rain before it is all said and done. state of emergency in both states. maximum sustained winds hovering around 45 miles per hour and officials urge residents to stay inside and avoid unnecessary travel. hillary leaving behind flooding in the badltsja peninsula. stay with fox news for the lost developments in the story. i'm ashley strohmier, now back to "sunday night in america." l o foxnews.com. >> trey: welcome back to "sunday night in america." california is a beautiful state, but it can be baffling. the same state that produced ronald reagan, gave you jerry brown. california had a fascination with progressive prosecutors and soon after elected progressive prosecutors voters want to recall the progressive prosecutors. why don't you skip a step and not elect them in the first place? next on the docket is people of alameda county verses da price. she's been in office under a year, do nonot underestimate her, she's done damage in a short time. she doesn't like long prison sentences. she hired her boyfriend, who is not without some question. concern of one group, failed leadership including movement to defund the police district attorney'sun willingness to charge people who commit murder and serious crime and anti-police rhetoric created heyday for oakland criminals. that was from the naacp, not the gop, not the victims association, that is naacp, and they are correct. people deserve to be safe and live without fear or without being victimize. you are guaranteed right to defense counsel, prosecutor should not be that person. not both ises standing up for criminals much richie greenberg led the effort to recall the former san francisco prosecutor boudine. how did da price get elected in the first place? i read her material, i went to her campaign site and she ran on soft on crime person and doing pretty much what she promised to do. why remorse now from the voters? >> well, there are several factors involved here and alameda county is a complex area with 23 incorporated cities and villages, each has its own character and police force, own leadership and own demographics and largest and most well known area is oakland and they tipped the vote? favor last november for pamela price. price joins this club, along with several others around this state, george gascon and alvin bragg and george soros. there is pushback by pro-soros people. we have someone like soros that backs candidates pushing for change or so-called change, progresive daytime emmys and you and i and most people that havive welled under a kind of progressive da phenomenon, we all know they are not really prosecutors. these candidates use fancy words and phrases to justify why they need to be elected. then we see over and over again they immediately go to work and throw a monkey wrench into the criminal justice system and dismantle criminal justice. >> trey: no, they are definitely not prosecutors, they are criminal defense attorney masquerading as prosecutors. i recently watched a television interview, she said, it is actually not the job of the district attorney to make the community safe, which is the most mind-boggling thing i've ever heard fchl that is what she believes, she is in the wrong job, run for mayer or state assembly. if you don't think the prosecutor has a role innic maing the public safer, why did you run? >> you are right, you hit the nail on the head, trey. there are bizarre statements coming from pamela price and we have seen from other progresive daytime emmys trying to justify why they are not taking even a tough stance on crime or a normal stance on crime. they want to redo legislation. they want to change the role. they want to create alternatives to jail, that is not what they are supposed to be doing, district attorney and prosecutor and i believe you used to be a prosecutor in the past, you know what to do to prosecute crime, you take evidence from police and charge a criminal, go through the trial, secure a conviction and get jail time or some alternative. these progressive district attorneys do not want those charged to go through the system. they want to find alternative or other way to supposedly hold criminals accountable. they are failing society and succeeding as the defense. >> trey: vet nem better on the front end. you have gotten rid of boudine, see if you can get rid of another prosecutor. >> my pleasure, trey. >> trey: one year ago, it was named inflation reduction act. what should it be called today? baraceo joins us when we return on "sunday night in america." gotcha. take that. whoa! bruh! i'm fine. that smack looked bad. not compared to the smack down i'm giving you. you sure you're, ok? you know you're down 200 points, right? lucky, she convinced me to get help. i had a concussion that could've been game over. in actual reality, you've only got one life. don't mess with your melon. if you hit it, get it checked. goli, taste your goals. >> trey: welcome back to "sunday night in america." both political parties are likely to use the economy to bolster their argument for election. republicans will point to inflation, pessimism about the future, rising interest rates, burgeoning. democrats will say inflation is going down, job numbers going up and the stock market has just about recovered. they can't both be right. who wins in 2024 is really about the economy. joining us now on anniversary of the so-called inflation reduction acts, member of the senate finance committee, senator and dr. john barrasso. seems strange both political parties think the economy is a winning electoral argument. who do you think is right and why? >> john: republicans are right, thanks for having me. headline is this, high prices are here to stay and the american people know who caused them, joe biden and democrats. this is disaster for so many people across the country, they call it bidenomics. shorthand for bidenomics, pay more and get less. i was at the state fair in douglas, wyoming and everyone is talking about cost of things, price of groceries and gas continue to go up and people have a harder time keeping up and the way the american people see joe biden, his numbers are very low. bill clinton used to say, it is the economy, stupid. what the american people are saying, it is the inflation stupid, but not doing anything about it. >> trey: all right, sr., you went to medical school and know these things better than an old country lawyer. new polls most americans feel good about their own financial situation, but they do not feel good about the overall economy. i'm trying to square those seemingly incongruent beliefs that i may be okay, but i'm worried about the overall economy or my neighbors. how do we square that? do you think people upon vote based on their own situation or perception of where the larger economy is come next november? >> john: three quarters of americans say the country is heading in the wrong direction, if people vote on that, good year for republicans. in term of joe biden and bidenomics, only one in five say it is helping them. twice as many say it is making their life worse. take a look at three basic fundamental truths about this whole bidenomics thing, inflation prices shot up when democrats spent lots of money recklessly and coming after us with regulations. they want to regulate every room in your house from your stove to the car in your garage. interest rates are way up high. if you are trying to borrow money for a house, grim facts are hurting people's families. i saw the secretary of treasury say people are happy with things and they are not. last week joe biden said it is not about inflation, it is about the climate. that is what he told some deanors in new mexico this past week. >> trey: we have a debate wednesday night, i'll bet you that every one of these candidates, potential nominees, thinks it's a problem and i'll bet not a single one will talk about reforming entitlement or mandatory spending, how do we have fiscal responsibility without tackling mandatory spending and is there political tol do so? >> john: have you to address those and candidates ought to address that and talk about what we can do to get the economy moving in a positive way and to me issue cutting back on reckless spending and republicans will do that, eliminating choke hold of regulation and republicans will do that and unleashing american energy. i hope candidates talk about what i refer to as hidden americans. people who go to work everyday, they are wide awake and will pay attention to someone who will do something to make their lives betters, not the extreme liberal left. >> trey: senator john barrasso, thank you for joining us on sunday night. >> thank you. >> trey: coming up, we hear from you only on "sunday night in america." on a "sunday night in " >> welcome back to "sunday >> trey: welcome back to "sunday night in america." each week we enjoy hearing from you via e-mail and social media. we love hearing what is on your mind. tonight we start with a question from tammy in ohio. will you be watching the coming debate and should i watch it? yes, tammy, i will be watching and i will be there in person. i really hope you watch, as well, too. why? in 15 months, we will be elected the leader of the free world and these candidates are auditioning for the job. our country has challenges, we are divided, lost confidence in constitutions, lost patience with one another. the stakes are high. i confess, the format does not lend itself to substantive answers foremost on your mind. you can learn a lot about the women and men who proport to lead you, judge whether questions were answered and how candidates prioritized issues, how they interact with one another, are they prepared and thorough? knowledge is power and you will gain some knowledge and therefore some power by watching these candidates. tammy, i hope you will. carol asks this inform your opinion, what is the most important thing that can be done to heal the divide in this country? let me offer three possible suggestions. number one, get to know someone who does not look like, you think like you, worship like you issue vote like you. pursue an unlikely friendship. i have never learned much from folks who don't know anymore than i do and haven't learned much from folks who have same thoughts and position and perspective that i have. pursue a friendship with a co-worker, a neighbor, someone who isn't like you, at least in some areas. number two, practice grace. i saw remarkable things in courtrooms, families forgive the person who took life of a loved one. victims show mercy to those who do not deserve it. many of us, recall in the aftermath after the shooting in charleston, south carolina, family of those murdered offering forgiveness to the man who killed their loved one, a racist who killed nice black christians because they were black. it was not revenge these families advocated for, it was grace. people who suffer the most, showing grace, while some cannot even enjoy a holiday meal with family without the meal divolving into a political fight. lastly, we would be better off if we embraced art of persuasion, move others using fact and logic and sincerity in a win some way. many cannot or will not be moved, but some can and persuasion is worth the effort. last question from jacob, how do you test a theory on electability before taking it to the ballot box? jacob, it is hard, ronald reagan, barack obama, bill clinton, were called electable and together served 28 years as president and republicans were told senator john mccain was more electable and governor mitt romney would be more electable in 2012. both ended up losing. perhaps the race was closer, but they both were not electable in the races. if someone has lost a lot of other political races, pay attention to that. if someone were widely seen as unlikeable, pay attention to that. there are candidates who look great on paper, but only on paper and then there are candidates that we are told are prone to gaffes and verbal missteps and the american people overlook the shortcomings because they find them to be authentic. electability is fun to think about, hard to prove, so perhaps we are best looking for whoever matches our ideology and position on issue and leave the electability part to the so-called expertses who told us ronald reagan was unelectable. thank you for spending part of sunday night with us. have a great week. until next week find up on the trey gowdy podcast. good night from south carolina. ) >> todd: we begin with this fox news alert, post -- hillary hammering southern california with flooding and mudslides. rescues continue with roadways still under water. some roads destroyed. this is "fox and friends first," i'm todd piro. >> carley: i'm carley shimkus. region rocked by a 5.2 magnitude earthquake yesterday. you see parents rushing to grab children and dogs as t

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