tampering. that's where we start. i'm bill hemmer. it is wednesday, midweek. >> dana: good morning, i'm dana perino and this is "america's newsroom." that -- a lot of legal stuff we'll get to today. politics as well. murdaugh issue, six months since a jury found him guilty of killing his wife and son. the former south carolina prosecutor is serving two life sentences without parole. his attorneys say that should be thrown out because they say the court clerk tampered with the jury. >> bill: the defense is saying the clerk tried to sway and pressure jurors saying she wanted to insure a guilty verdict so she could write a book and make money and go on a media tour. i want to take you back to her talking with us on fox nation about the trial. >> my breath was knocked out for a moment but then i have to tell myself to treat it just like any other trial, any other verdict that i have to read and i have to place my mind there and take out any personal relationships. the murdaughs could deaf niftily set the laws, make the laws, and bend the laws. you would not want to be on the wrong side of them. >> dana: all this echoing claims from buster who told martha maccallum his father's trial was anything but fair. >> i do not believe it was fair. >> why? >> i was there for six weeks studying it and i think it was a tilted table from the beginning and i think unfortunately a lot of the jurors felt that way prior to when they had to deliberate. it was pre-determined in their minds prior to when they heard any shred of evidence given in that room. >> dana: jonathan serrie has more from atlanta. the people of south carolina thought it was behind them but it clearly isn't. >> they did indeed. now there is the threat of an appeal. alex murdaugh is not only asking for a new trial but also a federal investigation into those allegations of jury tampering. his lawyer submitted sworn affidavits from jurors alleging that the clerk of court, rebecca hill, instructed them not to be fooled by evidence presented by the defense and pushed them for a speedy verdict. murdaugh's defense team says jurors were reluctant to speak about it until they learned hill was writing about the trial. >> when the clerk of court wrote her book, published her book, that zone of silence collapsed. >> hill's co-author said there was no lucrative book deal in advance and the two self-published. >> we spent $30,000 of our own money so, you know, there is no big check coming in for an advance, you know, for -- to see one outcome or the other. >> dana and bill, gordon says becky hill is a woman of faith who prays regularly with her staff. during the trial she noticed the jury praying each day and he asked her if she had ever prayed with the jury. she said no, that would create a potential conflict of interest. back to you guys. >> dana: thank you for the update. >> bill: jonathan turley is here on this. good morning. this is jim griffin saying we never put him on the stand had we known any of this. that's the claim he makes. watch. >> there has been a lot said talked about whether alex should have taken the stand. i can assure you, i can assure you when we considered what factors and what we should and should not do and considered whether he should take the stand, we never considered the likelihood as reported to us by the jurors that the clerk of court would go into the sanctity of the jury room before he testified and tell the jurors don't be fooled by his testimony. watch out for his body language. >> bill: i don't know if this is revision or not, professor. because as i recall, murdaugh was the one who wanted to take the stand, remember? he was the best attorney in the entire state of south carolina. >> yeah, this was really a hail mary play most defense attorneys don't want their clients to take the stand. in a case like this the risks are simply too high. if your client stumbles on the stand he is unlikely to get up because the prosecutors are right there to jump on him. so i think this was a calculation that the evidence was so strong against him it would take that personal connection to get someone on the jury to say i'm not convinced. but i have to say, bill, you know, i've been watching trials a long time. basically a criminal defense attorney and trained in past years, i haven't seen evidence like this in many cases. this is in terms of the jury tampering allegations, this is pretty serious. the juries are really kept in this highly-protected cocoon in the court. what is being alleged by hill goes well beyond the pale. the court has no choice but to take this very seriously and hold a hearing. >> dana: why would we be learning about this now? >> well, a lot of this ironically is because jury proceedings are secret. you don't normally hear from the jury. you are allowed to poll the jury and allowed to speak to jurors after the trial. most elect not to do that particularly with the defense if they voted to convict. i think the catalyst was a book that had a shaking of the tree effect. the defense went after it, as they had to. but, you know, these are affidavits that have been submitted by the defense. those are made by people under penalty of perjury. the book itself raises serious questions. the court can't take a blind eye to this. no matter how strong the evidence is against the defendant, he is still entitled to a fair trial. that includes a jury that is not subject to influence by court staff on these types of issues. >> bill: maybe this has legs after all. see how it goes. another topic yesterday james comer sent out a number of subpoenas for secretary mayokas alleging the secret service tipped of hunter biden to an interview of september 8, 2020. the interview did not happen. several weeks after the election. what's comer going for here? what evidence do you believe he has that can help him make his case? >> i think comer has no choice but to pursue this evidence. democratic members opposed the investigation in its entirety and said this is the way all criminal cases are handled. these seasoned i.r.s. whistleblowers said no it's not. an f.b.i. agent said that it had not happened to him before. they were told to stay a block away from the house and they were eventually waved off. that's pretty serious when you are talking about the president's son. the secret service can clearly and homeland security can clearly discuss this issue. we are talking about a past effort to interview someone who now knows that he was and continues to be a target. they can answer these questions. so this is going to end up with a confrontation between congress and the administration. the question is why the administration is doing this? it's like a game of chicken and they want to see if congress jumps out first. well, congress can change the game. they could start an impeachment inquiry. and they could say look, we want these answers. either you will give them to us or give a court to tell you to give them to us. >> dana: it might come to that the end of the month. government shutdown. impeachment inquiries, demands for it from kevin mccarthy's point of view. he is getting squeezed. thank you. so there is some confusion over when and where president biden decides to wear a mask. the president was seen yesterday entering the medal of honor event which they said he would do. then he left no mask walking through a crowded audience. the white house insists the president is testing negative and set to travel to india i believe tomorrow. >> bill: the president's age has been casting a bit of a shadow over his re-election bid for the white house in 2024. 77% of americans say he is too old to serve a second term. that was in one recent poll. the vice president kamala harris is now dismissing any uneasiness voters may have over age. >> first of all, let me say that our president has been an extraordinary leader. a substantial amount of time we spend together is in the oval office where i see how his ability to understand issues and weave through complex issues in a way no one else can to make smart and important decisions. >> bill: that perhaps is what the election could hinge on, right? >> dana: partly. for some people for sure. >> bill: "wall street journal" poll told us yesterday. >> dana: the a.p. poll was 77% he was too old to run. she is making the best she can on the hand she has been dealt. the president also losing favorability that helped him win in 2020. black and hispanic voters dropped 73% to 53%. that's quite a drop. >> good morning. it is quite a drop. "the new york times" says president biden is loseings key support among the groups, black and hispanic voters, democrats are counting on them if they plan to hold onto is white house and senate. if he, being president biden, is unable to revitalize the support by next november it will continue a trend of declining democratic strength among voters considered to be a foundation of the party. so what can the president and maybe more importantly his campaign do to change the feelings? it appears it is time for a media blitz. tomorrow the biden/harris campaign set to launch this new ad tied to the start of the nfl season touting the president's economic record as polls show voters are concerned about inflation. the ads will be running in some swing states. some you would expect places like arizona, georgia, michigan, pennsylvania, wisconsin where the ads will be. polls show the president and predecessor former president trump tied in a hypothetical match-up. some republicans argue now is the time more than ever for new standard bearers. >> we should have term limits in washington and mental competency tests. the people paying their tax dollars for these men and women to go to d.c. need to know they are at the top of their game. we don't need people staying there forever. >> one group the president is also counting on in his re-election bid is organized labor. later today at the white house there will be welcoming members of the long shore and warehouse union. a group that ratified a new six year contract. they'll be here this afternoon. >> dana: not much going on. mark meredith at the white house. >> bill: is the republican field losing sight of its conservative values? pence makes the argument that it is yes. he will join us to talk about it coming up. plus there is this. >> look, this is a case of the democrats rhetoric. sanctuary policies, open border policies finally catching up to them. >> dana: blue states demanding help as the migrant crisis continues to take hold. could it finally lead to stronger border security? >> bill: president biden taking a page out of bud light's playbook and his push for a brand reset. brand reset. car loans used to have lower rates and took just a few years to pay off. now rates can be 12 to 15% and take five years or more to pay off. get a newday 100 va cash out loan at lower mortgage rates to pay off those high rate car loans. own your car and have no more monthly car payments. i suffer with psoriatic arthritis and psoriasis. i was on a journey for a really long time to find some relief. cosentyx works for me. cosentyx helps real people get real relief from the symptoms of psoriatic arthritis or psoriasis. serious allergic reactions and an increased risk of infections or lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx. (ella) fashion moves fast. (jen) so we partner with verizon to take our operations to the next level. (marquis) with a custom private 5g network. (ella) we get more control of production, efficiencies, and greater agility. (jen) that's enterprise intelligence. (vo) it's your vision, it's your verizon. we handcraft every stearns & foster® using the finest materials, like indulgent memory foam, and ultra-conforming innersprings, for a beautiful mattress, and indescribable comfort. for a limited time, save up to $800 on select stearns & foster® adjustable mattress sets. hi, i'm jason and i've lost 202 pounds on golo. so when i first started golo, i was expecting to lose around 40 pounds and then i just kept losing weight, and moving and moving and moving in a better direction. with golo and release, you're gonna lose the weight. from big cities, to small towns, and on main streets across the us, you'll find pnc bank. helping businesses both large and small, communities and the people who live and work there grow and thrive. we're proud to call these places home too. they're where we put down roots, and where together, we work to help move everyone's financial goals forward. pnc bank. >> dana: from coast to coast no city is spared from the overwhelming number of migrants coming to the united states. blue states -- arizona senator kyrsten sinema is investigating the biden administration's response after it gave her state less help than it gave to new york. this issue is heating up. we were texting about it this morning, aishah. >> we have been talking about it for quite some time and so has everyone on the hill. senator sinema isn't the only one upset with how the border has been handled and dealt with and upsetting people like democrats on the hill and blue states and could be the issue that grinds this government to a halt heading towards a spending showdown really. today senator sinema will lead a hearing about the biden administration's handling of the southern border after the end of title 42 and sure to come up in this hearing is the fact the white house doled out $134 million to new york state over the $69 million sent to arizona, a border state. five other democrats joined sinema in denouncing the biden administration decision this summer. democrats in new york and other blue states are mad, too. we're seeing more and more protests breaking out over the migrant surge. in massachusetts governor healey is saying she will deploy the national guard soon to help out at shelters and new york carve new york hochul is calling on the government to fix the border. the rub in all of this. despite all their complaining it's democrats on the hill that are blaming house conservatives for threatening to hold up government funding over, what else, but securing the border. here is congressman chip roy on the whole ordeal. >> we don't need more money for more processing or more money to keep ignoring the law. we need to actually enforce the law for the good of our country and the good for migrants. we have no intention of agreeing to continue the policy of priorities of this administration which are contrary to the policy priorities of the people we represent. >> congressman roy told me last night i don't want the government to shut down but i'm not afraid of it if it means securing this border finally once and for all. >> dana: aishah hosni, thank you for being on top of it for us. >> i'm running for president for one reason and one reason only. that is i think this country is in a lot of trouble. i think joe biden is weakened america at home and abroad. >> we can't just criticize the so-called radical biden agenda. of course there is everything in the world wrong with it. but that's not enough. that's actually why we didn't succeed in 2022. >> bill: former vice president mike pence and some republican rivals going at it after a populous message at mike pence projects himself as the only true conservative. thank you for your time and welcome back to our program. our digital team got a copy of your speech today and one of the lines you are set to deliver is are we going to follow the siren song of populism away from the timeless conservative principles of the republican party? to whom are you referring? >> right. well look, you look at this republican field whether it's my former running mate or some of his imitators and there is a push in this republican primary to move us away from our party's historic commitment to american leadership on the world stage, to a commitment of fiscal responsibility and reform in the face of a massive national debt crisis. and many of those people i share the stage with including my former running mate who wasn't there want to marginalize the right to life and relegate it to state's only issue. i came to the party during the reagan years and i really believe and not only the pathway to victory for the republican party in the fall of 2024 but the way we restore security and prosperity for the american people is to deliver a standard bearer and an agenda built on that common sense conservative agenda that has always delivered greater security and prosperity for the american people and i say with great humility that i am the most proven and consistent and qualified and tested conservative in the race and we'll lay out that contrast today here in new hampshire. >> bill: you mentioned the imitators. levity me show you where you stand right now. polling over the last couple days the first choice of those republicans you are at 2%. and then among those who have a second choice in the race, you bump up to 4% so you double your outcome there. i didn't hear any names there but you and vivek ramaswamy seem to be sparring partners. what is going on between the two of you? >> well, i think whether it's the former president or whether it's vivek who i think parrots a great amount of his ideas and other in the ways there is a conflict of visions here. when donald trump ran for president of the united states in 2016, he promised to govern as a conservative. many people saw his selection of me as his running mate as an affirmation of that. i'm incredibly proud of the trump/pence administrations. we rebuilt the military. stood strong on the world stage. stood up to our enemy. got the economy rolling again and appointed three conservatives to the supreme court that sent roe v. wade to the ash heap of history. what i would say to you is the former president and others in the field that parrot him make no such promise today. i think it's a real choice in the party between whether we stay on the path of the traditional conservative agenda that's defined this movement for the last 50 years and really is grounded in american ideals or follow the siren song of populism on more conservative principles. that's a pathway for defeat for the republican party but ultimately it is the pathway to disappointment and decline for our party and for our country. we know what works. it's american leadership, free market economics, traditional values. that's what i've always been about and what we'll be about if i secure this nomination. >> bill: you mentioned right to life as a state's only issue. >> yeah. right. >> bill: wasn't is conservatives like yourself pushing back against the supreme court saying they ruled incorrectly in 1973 anyway and the law should be thrown out, which it has been, therefore the states should be entitled to make the law they see of their choosing? >> i know that's the way some people interpret it. i think they returned the question of abortion to the states and the american people. i've strongly supported efforts in states around the country, including my home state of indiana, that has advanced protections for the unborn. but i think i might have been the only one on that stage maybe with one exception that said that actually the question of abortion was returned to the american people. they elect presidents, bill and senators and congressmen. one of the reasons i called for a minimum standard. once a child in the womb can feel pain, i think we ought to ban abortion across the country at that point. it's about 15 weeks according to most physicians. i want people to know that if i'm president of the united states, they will have a champion for the right to life in the oval office. many in this primary want to marginalize this question to states only. that's something that people wanted to do with another issue in our society 150 years ago. i think this issue belongs to the american people and i will be a champion for life if i have the great privilege of being president of the united states. >> bill: i'm out of time. thank you for your time and we'll speak again down the road. mike pence, new hampshire, big speech today. thank you for sharing a preview with us today. 27 past now. you have something coming up down the road. something big. >> dana: debate september 27th. co-moderator with stuart varney and ilia calderon. your question about abortion was a good one. the question was should the states be allowed to decide. the answer yes, then he said but we want a federal bill and he says 15 weeks. remember, ron desantis signed a bill for six weeks in florida. and so this is still a hot issue and still one to be meted out. >> bill: kayleigh mcenany will come up next hour and we'll get reaction on that. >> dana: want to get you to this. a man brutally beating a 60-year-old woman with her own cane. it is hard to watch even on the second day. it happened in a new york city subway frooird. we now know cops let him walk. what gives on that? plus abortion as we were just saying is a hot button issue in 2024. one of them. but not all republican candidates agree on where to draw the line. kayleigh mcenany joins us this morning with answers she found. >> being pro-life means for the whole thing. whole thing. the america's best celebrity sale is happening now. and it's making quite the spectacle. for a limited time, get two pairs of celebrity-inspired frames by privé revaux co-founder jamie foxx for only $89.95 book your exam today. what do we always say, son? liberty mutual customizes your car insurance... so you only pay for what you need. that's my boy. ♪ stay off the freeways! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> bill: the nypd agreeing to loosen engagement rules of street demonstrations after settling a lawsuit over its response during the protests of 2020 and george floyd. what's the deal on it? >> this morning critics are calling this agreement quote craziness. changing police response to massive street demonstrations in new york city. you may remember back in 2020 during those demonstrations more than 2,000 protestors were arrested at the black lives matter protest. investigation into after math found police had beaten some protestors with bat yens. rammed with bicycles and arrested peaceful protests during the arrest. the civil liberties union sued prompting the new changes. critics say the measures now only handcuff the cops and lead to rampaging street mobs. the dramatic drop in crime in the 1990s calls the changes a deliberate attack against law enforcement. >> it sets up a dangerous -- i mean very dangerous conditions in the street in realtime not only for the public, but for the police who are working these potential riotss and for the protestors themselves, some of whom may be there legitimately to protest. >> the agreement sets different levels of police response to the protests starting with sending the fewest number of cops. it dictates what equipment they can use and bans the police tactic of boxing in protestors on the street. that's known as kettleing. even though there was looting, attacks on officers from molotov cocktails and broken bottles that injured nearly 400 of new york city's finest. the mayor eric adams, former transit cop himself, praised the settlement. >> it will insure we are protecting public safety during these spontaneous demonstrations. while also respecting protestors' first amendment rights. >> last march new york city handed over more than $21,000 each to protestors who were part of a racial justice demonstrations in the bronx but they were also boxed in by police. >> bill: thank you, the latest from new york city. thanks. >> dana: this terrible crime was caught on camera in a new york city subway. the cops let the suspect walk away. the video is graphic. the suspect battering this 60-year-old woman with her cane until she hits the ground. a transit worker called 911. police let the suspect go. now their response is being investigated. retired nypd inspector paul mauro joins us now. read from the "new york post" who had an interview with the victim's daughter. she said he could do this to someone else's mother or father because they did not lock him up. that man could have killed my mother. you did nothing. i have a problem with that. what should we know? >> these situations it looks terrible. we should clarify the transit worker did not immediately called 911. he called the transit operations center who called 911 and leads to some of the confusion at the scene. for instance, the victim here, which is the 60-year-old woman undeniably went to the hospital for two hours. all i would say is this. i'm not defending any lack of action by the police at the scene but we don't have all the facts -- we have the facts that we have. at the scene you don't have all these facts. according to the reporting when they showed up, 1 or 2 cops, transit sometimes it's just one. they didn't have the benefit of that video, right? so what you have is a situation you have to decide who is the primary aggressor. she has a broken cane and he is larger. logic would say he is the primary aggressor. she had a swollen eye. he should have been the arrestee. it happens in domestic situation where you have a domestic dispute. it is hard to ascertain who is the aggressor when he blame each other. as a result if there is no serious injuries and you are at the misdemeanor level that's discretionary. if they say we'll let it go you can do that. >> that may -- i have think it's 3:30 in the morning, right? she is 60 years old. she doesn't have a job. the transit worker is the one recording this on his or her phone. the police show up. talk to both of them and let them go. in the meantime she has got -- she was hit on her head, stomach, legs, back, arms dozens of times. >> we have the benefit of the facts now. if the facts that we have are accurate you show up he is twice her size. she apparently has the injuries. i'm sure he had no injuries. it feels under the facts we have it feels like he should have been arrested and goes right then. why the internal affairs bureau is investigating. >> dana: one other topic. in georgia the militant an arc consists are charged under georgia's rico law. the same grand jury that indicted trump on the same type of charges rico. what do you think? tell us more about this. the georgia attorney general has been a guest on this program, a good one announcing indictment of 61 alleged militant anarchists under the law. >> this is big deal. this is the first real rico collusive enterprise corruption, conspiracy case, whatever you want to call it. a big group being arrested for stuff that goes back to 2020. he is charging them for the stuff that went on relative to what they call cop land. the training facility in atlanta. ironically the same grand jury that indicted type on a rico. georgia has an expansive rico law. he pushed it back. you can go backwards in time and he brought in activities from some of the same people going back to the 2020 riots in new york city what you alluded to in the prior clip relative to the new law in new york regarding demonstrations. this happened in atlanta. willis, who brought the rico against trump had the same jurisdiction. she didn't bring this case. carr brought this case because he is a republican on the side of law and order. that's how he is positioning himself. he has more than enough material to bring this case. this is the first one including the feds, by the way. no ricos regarding antifa in seattle, portland, new york city. i was there when they were trying to burn macy's down. >> the trump matter is at the county level. >> same state charge. it obtains for all of the state of georgia. >> bill: the law applies in both jurisdictions. got it. thank you. well done. everything from paul mauro. >> dana: stick around for this. you will want to see. >> dana reads sports. >> dana: here you go. world number two djokovic losing his cool after a distraction from the crowd that cost him the point and the game. his quarterfinal match at the u.s. open yesterday. watch. >> fan yelled out in the middle of the point as he was trying to deal with that lob. >> dana: you can hear a fan yelling out during a critical volley by his opponent. as you can see the ball was in, djokovic still defeated american fritz in three sets and advances to face 20-year-old ben shelton in the semifinals on friday. >> bill: good stuff going on in queens. >> dana: you can't yell things. >> shelton is interesting. 20 years old. a great upset last night. this tournament is on a collision course to have a great final this weekend. >> dana: looking forward to it. >> bill: we hope. heads-up. masks making a comeback in the classroom. oh my. why some schools are bringing back covid restrictions. we'll talk about that plus from the white house yesterday, listen. >> president biden is the oldest president in u.s. history. why does white house staff treat him like a baby? >> bill: the answer in a moment what the white house thinks about that comment. a new book claims that biden slammed his staff for treating him like a child. tyrus and kennedy the grown-ups in the room are coming in now. ♪ veteran homeowners. have you looked at the interest rates on your credit cards lately? get ready for a shock. the rate on many credit cards is now over 22%. if you want to save hundreds of dollars a month, pay off the balances on your high rate cards and other debt with a lower rate va home loan from newday usa. and get the financial peace of mind every veteran deserves. no one takes care of veterans like newday usa. i suffer with psoriatic arthritis and psoriasis. i was on a journey for a really long time to find some relief. cosentyx works for me. cosentyx helps real people get real relief from the symptoms of psoriatic arthritis or psoriasis. serious allergic reactions and an increased risk of infections or lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx. i brought in ensure max protein with 30 grams of protein. those who tried me felt more energy in just two weeks! uuuhhhh... here, i'll take that! woohoo! ensure max protein, 30 grams of protein, 1 gram of sugar. enter the $10,000 powered by protein max challenge. ♪ ♪ 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. to duckduckgo on all your devie duckduckgo comes with a built n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch, it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. >> can't speculate on north korea's motives. what i can say is this. providing weapons to russia for use on the battlefield to try to conquer territory that belongs to another sovereign nation will not reflicked well on north korea and they will pay a price for this in the international community. >> bill: that is the stern message from the white house. national security advisor jay sullivan warning north korea of aiding russia's war in ukraine as north korea engages in high-level talks with moscow. the white house believes kim jong un may soon be traveling to russia to meet with vladimir putin. >> president biden: brutality will never grind down the will to be free. ukraine will never be a victory for russia for free people refuse to live in a world of hopelessness and darkness. this man cannot remain in power. >> dana: that was president biden last year raising the specter of regime change in russia. the comments sent the white house in damage control mode and according to a new book, that really bothered president biden a lot. a cleanup prompted him to snap at his staff asking them was john kennedy ever babied like that? i remember this moment so well. i had the same thought. the white house issued a statement of clarification before the president got into the motorcade. they didn't have a chance to ask him did you mean what you said, sir. i understand why he was mad. >> this has massive ramifications with our global allies as well as a nuclear super power and this was the touch paper that could have lit the third world war and that's why words matter, it turns out. this is a very carefully crafted speech according to the book. they spent a lot of time on it. general milley was trying to him him have a great moment and he blew it at the end by free styling as he often does at the end. i want to know from you if you are on the president's staff and you know you will get yelled at, do you clean up or do you -- >> dana: i would have asked him first. he is the leader of the free world and president of the united states. what if somebody tapped you out before you were ready? >> you have to bring up my match again. first of all, as a president as a house rule never use kennedy in any way to describe how you are treated by your staff. they always do and i don't understand it. yes, he is being babied because he went off script. he gets two tell prompters because he switches from 1-to-1. he got in his thing and went on his on rift and the office is not concerned with his opinion. that's why they didn't wait for him to get to the car. he went off script. is he babied by staff? 1,000%. >> bill: he knew he screwed up at the time and sore about it. so peter doocy asked karine jean-pierre about this just yesterday. >> president biden is the oldest president in u.s. history. why does white house staff treat him like a baby? >> no one treats the president of the united states like a baby. >> there is a book that says -- >> that's ridiculous. >> interesting phrasing on behalf of mr. doocy. >> peter has done such a phenomenal job in that role and it is so great to see the contrast between him and someone like jim acosta. he is measured, smart and thoughtful. >> thought about his question. >> dana: it is impossible for him to answerened he gets so frustrated which is a gift. we baby our older generations when they can no longer care for themselves. >> bill: got it. the president will remake his theme on how he will sell himself. it will start tomorrow night with the nfl kickoff. a new ad from the president's re-election team. >> oh gee. >> 3% unemployment, the lowest in decade. there is more to do. president biden is getting results that matter. >> bill: you have a new campaign out there. the "wall street journal" finds his numbers on the economy, 59% disapprove, tyrus. you will have to sell a lot of commercials at a lot of football games. >> i don't think the american people are waiting for a commercial to make it better. like sprinkles when you take the dog for a walk. it's not what we -- we would like to hear action. throwing stats all over the place that don't equate to what's going on. this weekend we saw gas go to 3.88 a gallon across the country. it's more than a commercial. the only way he will get any attention of the american people at this point is by actually speaking and actually debating, which are two things looks like we'll get a commercial at the debates, too. >> not taking responsibility for the people are facing is a recipe for disaster. poll numbers also going down. >> bill: lions or chiefs. >> chiefs. >> dana: is that football? >> call it, dana. >> lions. >> bill: at this hour pennsylvania police on a search for an escaped killer. we will hear from authorities within moments. what have they found? do they have new evidence? where do they think he is now? rising mortgage rates and high prices having a ripple effect in real estate. analysts argue the impact goes beyond just the seller. at red land cotton, the bedding start right here on our family's cotton farm in north alabama. the heartland of america. we rely on hard work and honest manufacturing to deliver high quality, heirloom inspired bedding, bath towels and more, all made in the usa. experience the farm to home difference for yourself. go to red land cotton dot com and receive 15% off your order with code fox news. veterans, if you're applying for a home loan to get cash...surprise. some lenders charge hundreds upfront for your appraisal and other fees. not at newday. a veteran shouldn't have to come up with money to get money. tired muscles and joints were keeping me from doing the things i loved most. not anymore. blue-emu gave me my freedom back. it supports healthy muscles and joints. shop our expanded family of products at major online retailers. pano ai chooses t-mobile for business for 5g solutions... ...because t-mobile helps pano ai innovate, so they can stop the spread of wildfires. now's the time to see what america's largest 5g network can do for your business. your best defense against erosion and cavities is strong enamel- nothing beats it. new pronamel active shield actively shields the enamel to defend against erosion and cavities. i think that this product is a gamechanger for my patients- it really works. she runs and plays like a puppy again. his #2s are perfect! he's a brand new dog, all in less than a year. when people switch their dog's food from kibble to the farmer's dog, they often say that it feels like magic. but there's no magic involved. (dog bark) it's simply fresh meat and vegetables, with all the nutrients dogs need— instead of dried pellets. just food made for the health of dogs. delivered in packs portioned for your dog. it's amazing what real food can do. i've struggled with generalized myasthenia gravis. but the picture started changing when i started on vyvgart. vyvgart is for adults with generalized myasthenia gravis who are anti-achr antibody positive. in a clinical trial, vyvgart significantly improved most participants' ability to do daily activities when added to their current gmg treatment. most participants taking vyvgart also had less muscle weakness. and your vyvgart treatment schedule is designed just for you. in a clinical study, the most common side effects included urinary and respiratory tract infections, and headache. vyvgart may increase the risk of infection. tell your doctor if you have a history of infections or symptoms of an infection. vyvgart can cause allergic reactions. available as vyvgart for iv infusion and now as vyvgart hytrulo for subcutaneous injection. additional side effects for vyvgart hytrulo may include injection site reactions. talk to your neurologist about vyvgart. >> bill: now it is not just the average home buyer being turned off from the housing market. investors, home purchases are planing. fox business's madison has the story and the effect. >> mortgage demand fell to a 27 year low last week according to the mortgage bankers association. rising mortgage rates and high home prices not just keeping families out it is pushing real estate investors out as well. they're buying 45% fewer homes compared to a year ago. that's the biggest decline since 2008. it also outpaces the 31% drop in overall home sales. according to red finn, seven in ten purchases are single family homes. we asked realtors if there is more space for families to directly get into those single family homes. >> 1,000% it opens up the door for them. there were many times i was heartbroken having to present what was a clearly better offer from an investor two years ago knowing my client is going to take it because it is in their best interest but knowing their family lost out on a great home because of it. >> when the real estate market is stable we'll take good news. 45% is the average. some cities have seen a bigger drop. jacksonville and phoenix saw investor purchases drop from last year. >> dana: thanks for bringing that to us. >> dana: deadline day for hunter biden as a high-powered defense team fights to keep the president's son out of prison. welcome to a new hour of "america's newsroom," i'm dana perino. good morning. >> bill: good morning. one hour down here we go. bill hemmer, good morning. high profile legal battle unfolding in the state of delaware today. federal judge ordering david weiss and attorneys for hunter biden to submit an update by today on the status of a diversion agreement in regard to a felony gun charge against