charles. good afternoon to you . you're exactly right. the biden administration is getting incoming from really every side now when it comes to the border crisis as the number two democrat in the senate admits today that the border crisis is guaranteed to be a political challenge for democrats in 2024 . now arizona senator kirsten cinema is among those that are not happy about the border response. the democrat turned independent is currently leading a hearing on the border right now. just two months after the white house snubbed her state, sending 100 and $34 million to new york. that's twice as much given to arizona . but the money is not enough for governor, kathy hogle, who is now publicly blaming president biden for the migrant surge. meanwhile governor maura healey over in massachusetts, says she's going to deploy the national guard soon as we see protests now break out across blue states. today the white house attempted to shift the blame to republicans who refused to vote for a government funding bill unless it includes border security. earlier this year when we made our bipartisan budget agreement , we made promises to the american people. unfortunately house republicans, unlike senate republicans are considering breaking that explicit promise due to demands from extreme members of their party. breaking this promise would inflict painful cost on the country making troops and border patrol agents work without paychecks. and this could truly be the issue. charles that grinds the government to a halt as congressman chip roy of the freedom caucus tells me that he is digging in. he does not want to see the government shut down , but he's not afraid of it as long as something happens with border security, charles >> thanks. my next guest is pushing because of alejandro mayorkas. so $1 unless action is taken. let's bring in chip roy. so representative roy, apparently you'd like to use the holman rule. explain how this can be done. >> yeah, it's one of the tools that we have to use our authority to say if there's an individual not doing his job or think we ought to have a pointed response, the ability to follow the law, that we can zero out the salary. we're not going to pay you. more importantly, we need to use the power of the purse more broadly. the founders gave it to us and for the house of representatives to check the executive branch. look, charles, i live in texas. last week i was sitting in a round with mothers that lost their children to fentanyl personally. mothers and fathers. we're dealing with the chaos in south texas at the ranches. we saw a 11-year-old boy die in a bus wreck two weeks ago in ohio with somebody that was let through by the biden administration, let in the united states. 1.6 million got-aways. we got ammo and weapons in south texas this weekend. we're under assault. this administration knows it and they don't care. it's an obligation of the house republicans to do something about it. if anybody thinks we're going to go along with a continuing resolution, the status quo, you continue to allow this administration to to what they're doing to the american people every day, they have another thing coming. we're not going to do that. the republicans need to wake up and fight. we were given the house of representatives for a reason and it wasn't to go along with the status quo. >> i expect 90% of our audience is cheering the television. some broke out tambourines. but you're right. we had the mid-term elections. there was a message sent loud and clear. while the rules are tough in texas, everybody is suffering. fentanyl is a national crisis. death of our use is a national crisis. this is nuts. this is crazy. and yet i love hearing what you have to say but can you convince your own party to be tough? >> we're working on it. last december, unfortunately 17 republicans joins with the pelosi democrats to take away the power of the purse. i voted against the debt deal. we fought it. we shut the house down for a week in response trying to send a signal that we won't tolerate that again. i can promise you, there's a large block of us. you'll address the border or you'll have a massive fight on your hands in the house of representatives. we're not going to tolerate this anymore. time for us to do our job. we can't continue this. this is an actual damage being done to the american people. our own constituents getting harms. we can't allow it to continue. houses have to step up and do their job. >> the good news is i'm seeing the issue climb the charts as an important issue across the board. the economy is there. i'm seeing border move up the charts like a hit record. then you have krysten sinema who changed parties and that's is helping. >> yeah, we have to stop releasing people in the united states. we're empowering cartels. if you found "sound of freedom", you're allowing that to occur. little girls getting sold in to sex trafficking trade. we can't allow that to happen. for everybody handwringing about a government shut down, how can we let them shut down our schools, put our kids in the corner, force them in to masks and they want to handwring over two weeks of the government shutting down? i don't want to take away paychecks. people will get paid but we're going to fight on this issue throughout september. if come october 1 democrats don't come to the table, republicans should not capitulate like they did on memorial day weekend. mayorkas net work is estimated for $8 million. he's worked for black bone, for thumb gunman. you talked about not stopping there. i love the idea of us the taxpayer not paying officials that are not doing their jobs. we see it in the private sector all the time. how can we broaden this out? >> first of all, alejandro mayorkas lied to me under oath. we think he's lied multiple times. we should impeach him. in the absence of that, why would you give more money to a department of homeland security that is not securing the homeland? if somebody -- you hire somebody to paint your house and they come and scrape the paint off and walk away and say give me $1,000, you'd look at them like they're crazy. you don't pay not to do their job. we pay people and expect them to do their job. that's why the founders gave us the power. we should do it with alejandro mayorkas and the entire agency. force biden to come to the table. stop releasing people in the united states. they text back, secure the board and do our job. >> thanks, representative. keep pushing. we have breaking news. one of the u.s. prosecutors will seek a hunter biden indictment by september 29th. this according to a new court filing, fox news' david spunt has more. >> took us a little by surprise. we were expecting a standard update. this filing just in from the government, it's about 20 minutes ago. indicates there's plans to indict the president's son by september 29th. could be any time before that. now, remember his plea deal fell apart in a public way july 26 in delaware. u.s. attorney david weiss said everything was back on the table. in this court filing this afternoon, one of weiss's top prosecutors wrote a letter to the judge. they said the indictment should be returned by friday by the earliest. the government intends to seek an indictment? for what? the federal gun charge. hunter biden was accused of lying on a gun permission slip. it was office the table given this recent filing by the government. now, we also have some wording from abby lowell. that's hunter biden's attorney. it's saying this plea agreement for the gun charge is in effect because both signs signed it. he said it's something that is in effect and it's something they're going to abide by. the defendant intends to abide by the terms of the diversion agreement that was executed at the july 26th hearing. in laymen's terms, the government is saying everything is back on the table. we intend to indict hunter biden. it appears to be on the gun charge by september 29th. we have not heard yet from hunter biden's attorneys, but it appears that they will say we believe this diversion program is in in orderer because both sides signed it. looks like the judge will have to step in. >> before i let you go, on the tax side of this, the numbers just -- one of the areas people were really upset about is on the money side. it just points to something a lot more nefarious than trying to sweep this under the rug. any indication what may happen there? >> glad you brought up the tax part. hunter biden was charged with two tax offenses. david weiss dropped those a couple of weeks ago. that just means that he dropped them in delaware court. he's special counsel. so he can refile those and he indicated in a court filing about a month ago, charles, that it's likely this would go to trial meaning the tax offenses in either california where hunter biden lives or washington d.c. where i am now. so that is a separate issue. all of it was on the plea agreement umbrella that fell apart. then it's since been farmed out to different sections. the tax cases will likely be refiled and brought up somewhere else, possibly california or d.c. and this gun charge, no telling where that will happen. we have writing today from the government that says it intends to seek an indictment by september 29th in a couple weeks. >> thanks, david spunt. folks, we'll have much more on this and the fall out from it, what it means for hunter biden and all of that coming up. republican senate minority leader mitch mcconnell hit with questions on his health at a capitol hill press conference today. his response is next. i'm saving with liberty mutual, mom. they customize your car insurance so you only pay for what you need. you could save $700 dollars just by switching. ooooh, let me put a reminder on my phone. on the top of the pile! oh. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ lowe's knows your style can live anywhere. that's why we carry the samsung bespoke french door refrigerator. and the full line of bespoke appliances. including the samsung bespoke washer. because here, saving is always in style. shop labor day deals now in store, and online. age is just a number, and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health versus 16 grams in ensure® high protein. boost® high protein. now available in cinnabon® bakery-inspired flavor. learn more at boost.com/tv (vo) explore the world the viking way from the quiet comfort of elegant small ships with no children and no casinos. we actually have reinvented ocean voyages, designing all-inclusive experiences for the thinking person. viking - voted world's best by both travel + leisure and condé nast traveler. learn more at viking.com. every day, businesses everywhere are asking: is it possible? 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maybe you don't want to speak ill of a colleague, but does it seem odd that he would enhave this job in the first place? >> there's no question there's been contradictory statements about the authority that david weiss had. he made it none that he could make any decisions about indictments and now he's been given this special counsel status, which seems to be what he claimed to have in the first place. there's not a lot of confidence in the fairness of the process here. ultimately no final decisions have been made. we'll have to let things play out before we can make a final assessment of that. >> charles: speaking of playing out a potential timeline. seems like this could be boiling and coming to a head as people are really making final decisions on who they want to vote for. >> it seems that the doj interfering in elections has gone by the wayside. at this point people want answers. whether they're satisfactory or not, i don't know. we'll see about that. >> charles: there's a lot of talk about privileges from attorneys, whether -- what weiss will do with respect to speaking to investigators in the house. all of those things seem like a wild card at this moment. you have thoughts on those? >> i don't know that there's an outcome to the hunter biden case that will satisfy a lot of people in terms of the fairness of the system. it looks like hunter biden is getting more treatment than many people in similar positions or even in better positions in some way. so it's interesting to see what the doj's final position is on this case. we'll be left with so many questions regarding the source of the finances and the business dealings that were the precursor to the tax issues in the first place. >> charles: bottom line, is it a two-tiered justice? >> obviously appears that way to many people. i think the doj has not done itself any favors to correct that impression. >> charles: before -- let me switch quickly to president trump's trial. the televised aspect began today. initial thoughts on that and how that appears to be going. >> the logistics of that case are out of control. the judge seemed overwhelmed in terms of dealing preliminarily with the request to sever the cases. he decided not to sever two of the cases. it will be dragged out far longer than anybody would anticipate. >> charles: so the circus comes to town. when it leaves, nobody knows. thanks, katie. >> thank you. >> charles: john yoo is on the phone. cal berkeley law professor among other things. your thoughts on this hunter biden news? >> i think it's important there has to be an indictment. how can you resolve the case unless hunter be charged? in fact, the indictment shows that the original deal was highly suspect. at least david weiss is trying to do the job now in a somewhat normal way. now, what we have to see is what comes after the indictment. what kind of facts will we see. what kind of claims, what kind of charges will be made. is there going to be now movement towards a revival of the sweetheart deal that the special counsel tried to offer hunter biden before? that's going to be the real test of whether david weiss is taking his obligation seriously. >> charles: the initial assessment, again, this is bringing news, is that this will be focused on the gun charge. what possible charges could be made to the gun charge? >> charles, thanks for updating me on that. i didn't know it was on the gun charge. if it's the gun charge -- a lot of the questions that have been raised are unanswered. as you know, the serious charges, the places where we need too see more investigation and where the real teal was faulty has to be bringing in millions of dollars of income from abroad, not reporting it on taxes, looking to appear to evade financial accounting and reporting. the gun charges are important. it's a side show to the really important issues like influence pedalling, foreign governments, trying to bribe their way in to the u.s. government. >> charles: to that point, representatives jordan, comer and others are now arguing that privilege for the hunter biden attorneys is no longer in effect. they would like to hear from them. your thoughts on that happening. >> that's interesting. i don't know if that is -- i don't know in the house can get the information at once. they can call up the attorneys. they're probably going to claim the regular attorney/client privilege that we all benefit from when we consult attorneys. the only exception i could -- might be operative is if the attorneys themselves were involved with hunter in any kind of criminal conspiracy or collusion. i could see that the house investigators might think what if there was some kind of obstruction of justice in some way, some kind of illegal collusion with the prosecutors. if that's the case, then they may not claim attorney client privilege. that's a very hard claim to make. we'll have to see what they say when they bring him up to testify before congress and hearings. >> charles: john, everyone was up in arms about this diversion process. now it's at the sender of this particular. it's really early in the process. but hunter biden's team believes the diversion agreement on the gun charge, they say it's still valid because both parties signed it and they want to move in that direction with this new indictment looming. the thought is that maybe david weiss will turn away from that. just your thoughts on weiss and the diversion agreement. is it still in effect after the judge threw it out? >> the problem is the immunity agreement. that's what they want. they don't care about the diversion, taking some classes in exchange for not being charged with the firearms. they want the immunity provision, which was stuck in the diversion agreement, which would let hunter off for the financial crimes and tax evasion that he should be responsible for. it's not clear to me that that would still be binding. a judge never blessed it. all plea bargains have to be approved by a judge. if it was in the agreement, it's because this judge asked some questions to which both sides couldn't answer. i'm not sure why hunter biden should be able to get immunity because of some deal that he made with a family prosecutor that no judge ever approved. >> charles: hold on. i want to do back to david spunt who has more. >> hi, charles. we just got an update from hunter biden's team. when i say we got an update, we got a filing on the public court docket. hunter biden's attorney abby lowell is doing what we expected. he's moving forward and telling the judge that they are going forward as if the diversion agreement on that federal gun charge is in effect, which would in fact keep hunter biden out of prison. so to bring everybody to up to speed here, several years ago, hunter biden was accused and still accused of lying on a federal gun form that asked questions about substance abuse, if he was addicted to a controlled substance and whatnot when applying for a gun license. this happened in delaware. originally prosecutors in delaware under this blanket plea agreement that felt apart in july plan to give him this diversion agreement where he would avoid jail time for this. since the plea agreement fell apart in july, special counsel david weiss is now saying the entire agreement fell apart. everything is back to the drawing poured. we're not picking out different parts of this where we can move forward. and other parts fell by the way side, this is starting from scratch. abby lowell, hunter biden's attorney, who is here in washington, is saying we're going forward and we believe the diversion agreement is in effect. so two varying points of view, charles. >> charles: thanks, david. our thanks to john yoo. and mitch mcconnell hit with questions over his health today on capitol hill in a press conference. his response is next. 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>> charles, good afternoon. mitch mcconnell spoke to gop senators about his health during a closed door lunch today. john kennedy of louisiana says mcconnell describes the tests and says his only freezing episodes were in public. mcconnell was circumspect with the press. >> can you tell us what is afflicting you and characterize what is the level of transparency that the people of kentucky deserve to hear about your condition? >> i think dr. monahan covered the subject completely. you've had a chance to read it. i don't have anything to add to it. i think it should answer any reasonable question. >> he ruled things out. he didn't tell us what it might have been. do you know what it is? >> brian monahan issued a question about mcconnell. he said mcconnell is not suffering strokes and he shows no signs of parkinson's. mcconnell's problem remains a mystery. some question how the gop can question president biden about his health but stand behind mcconnell. >> i don't think you can have it both ways. if you're concerned about the president's ability to do his job and i am and a lot 0 of republicans say they are, you have to be concern when it's someone from your own party. >> he has to answer the question. should he be leader? no. >> mcconnell said there is no answers today. >> i'm going to finish my senate term and my term as leader. >> rick scott said mcconnell did a guide job describing his health situation to senators. scott ran against mcconnell for leader last year. charles? >> charles: chad, thanks very much to pennsylvania where police released video of danilo cavalcante's escape from prison. nate foy has the details. nate? >> hi, charles. yeah, we got a few things out of the most recent press conference. first, we learned that state police have extended the portion of their search area for danilo cavalcante after his scape from prison thursday morning. there's so many questions about how he did that. today the acting prison ward explained -- we got new video showing how he did it. take a look at this video from chester county prison. cavalcante crab walked between two prison buildings. you can't see it here be, he pushes his way through razor wear, scale as fence and scales through more razor wear and escapes, this is nearly identical to how another inmate escaped in may. that inmate was caught hours later. cavalcante obvious nearly a week later is still out there. at least authorities believe they know where he's going. listen to this. >> i do have some ideas where he thinks he might get to. i believe he's trying to head south. his final destination, i'm not prepared to discuss that. >> state police say somebody spotted cavalcante within the search area. this makes seven known sightings since his escape. that includes two monday night that you see here about an hour apart at a botanical gardens south of the prison. everybody is urged to lock their doors and stay on alert. they believe cavalcante is trying to gather supplies. the man hunt includes the u.s. marshals, the fbi and border patrol. cavalcante is an illegal immigrant from prison. he's set to serve life in prison for murdering his girlfriend and prosecutors say he killed her, stabbed her 38 times because she threatened to tell police about another murder that he's accused of in 2017 in his home country. again, from brazil. back out here live, authorities announced an increase in the reward money for information leading to an arrest. right now reward money is at $20,000. now back to you, charles. >> before you go, a photo from monday appeared that cavalcante was carrying a backpack. is there any signs or any questions about whether he's receiving any sort of assistance? >> authorities do not believe that he's receiving any assistance at this time. they believe he gathered those supplies, possibly stole them at some point during his journey. two bags, a backpack a duffel back. he also has a new sweatshirt. because of that, they're urging everybody to lock their doors for their safety and also so he can't get more supplies as he continues to evade authorities. >> charles: thanks, nate. with a potential government shutdown looming, these senators are teaming up to take the threat down. they'll tell us how next. there are some things that go better... together. burger and fries... soup and salad. like your workplace benefits and retirement savings. with voya, considering all your financial choices together can help you make smarter decisions. voya. well planned. well invested. well protected. 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. they say seeing is believing, but with stearns & foster® that's only part of the story. we handcraft every stearns & foster® using the finest materials, like indulgent memory foam, and ultra-conforming intellicoils®, for a beautiful mattress, and indescribable comfort... every single night. stearns & foster® ... what comfort should be during our labor day sale, bring home incredible comfort with savings up to $800 on select adjustable mattress sets. learn more at stearnsandfoster.com >> charles: well, the clock is ticking on another government shut down. lawmakers work to pass a spending bill by the end of the month. these lawyers want to eliminate the shutdowns for good. james langford with james king. senator langford, let's start with you. sounds great. we've heard it before. how would this work? >> this works straightforward, this is the most basic principle you get in school. if you don't finish your homework, you have to stay after class. if the appropriations are not done by the fiscal year, we have an automatic quorum call seven days a week. nobody can travel and we can't move to any other bills other than appropriations. keeps the government open. continuing resolution kicks in. the american people are held harmless. members of congress and our staff, we're at the task seven day as week until appropriations work is done. it's straight forward. it's a way to put the pressure. everybody has their precious resource of time. everybody loses team. the american people and federal workers are held harmless. >> charles: senator king, i like that. the one question is -- i lost track of the crs. 60 or 70. it's so interesting when we get these things. the spending part doesn't stop. will this do anything to slow down the spending part? >> it would maintain spending at the prior fiscal year level, whatever that is. if you're working on the budgets, that's where we deal with the spending and revenue issues causing the deficits that we have. james is right. what we're proposing is the nearest thing we can do to locking every one in a room to get this done. you can go home but you can't use campaign funds for air fare and you have to stay here until you get things done. quorum call every day. there's no reason this can't be done. there's no earthly reason -- the senate and appropriated committee has recorded out 12 bills. bipartisan basis. it's just a matter of sitting down and doing the work. >> charles: senator langford, have you tested the waters around done some polling on this among your colleagues? >> yeah, we have quite a few colleagues have joined on this as a nonpartisan option. we have serious issues with definite and deficit. we have to get to that debate. we never to when leader says if you don't vote for this, there will be a government shut down. this allows us to say let's debate. we have to get to resolution. meantime, we shouldn't hold the american people hostage and should have members of the border patrol that are not getting paid. they're living paycheck to paycheck and suddenly they can't get paid until we resolve the shutdown. that's the real life consequences of what happens. it's not just a meaningless exercise. shut downs affect permitting, regulatory issues. we do need to have our arguments about spending and revenue. let's have it and hold everybody else harmless. >> from the point of the view of the american people, this is an utterly bipartisan issue. 90% of the american people don't want a shut down. that's 89% of republicans and 91% of democrats. it's hard to get that level of agreement about what time it is. so i don't think there's much question about the political support for this. we have a pretty broad set of co sponsors on both sides of the aisle. we're going to make a real pass at this. >> charles: you had me at real-life consequences. senators while i have you, mitch mcconnell saying he's not going anywhere, a lot of questions after the freezing incidents. senator king, i'll ask you first, are you concerned about his fitness to serve? >> i think that's his decision. he's talked to the senate physician. gotten -- i don't know if i'd call it a clean bill of health but he's able to do his job. you know, he's not flying a jet airplane here. he's working with people on a day-to-day basis. that's up to him and his colleagues in the republican conference. >> charles: senator langford, is there talk about this among your colleagues on the republican side? >> he came to our luncheon, laid out the health issues, talked about the tests he's had. he's had all kinds of tests to evaluate where he's at. he's 81. very sharp, very engaged. he talked through the his where he is. he's recovering from a concussion. if you're a 24-year-old quarterback, you recover from a concussion faster than an 8 within-year-old senator. he's staying on topic and staying at his job. >> charles: senator langford, you're on the senate homeland committee where pressure is building on the biden administration to finally address this border crisis. what did you hear today and what actions do you want president biden to take? >> yeah, we just stepped out of a committee hearing on homeland security on this. we reached a milestone just this money. we've had as be people cross the border in less than three years of the biden administration than total during the eight years of bomb and the four years of trump combined that 12 years of presidency, the number that illegally crossed, we've reached that same number in less than threes year under the biden administration. we have to clarify asylum, what it means and doesn't mean. the administration has to be aggressive in enforcing that. we have people coming under parole and waiting years before their first hearing to determine if they're able to stay. we have to have as soon as you come in, determine that now and be a deterrent in the days ahead. the work that the administration has to done and congress as well. >> charles: senator king, your thoughts as well. there's a focus on secretary mayorkas rolling this. you just talked about how shutting down the government is a bipartisan issue. this feels like it's climbing up the charts as well and becoming something that both sides are frustrated with. >> it is. if you were eavesdropping when james and i were on the air, this is what i was talking about. i was in an intelligence committee where we discussed this issue. we need to focus -- first, 50% of the illegal aliens came here legally on some kind of visa that they overstayed. so that's a record keeping problem that i think the department of homeland security really has to get on. that is the first step. as far as the border is concerned, the real issue is asylum. these aren't necessarily people sneaking across the border or swimming a river. there's people coming under our laws claiming asylum. the question is, are those valid claims and do we have the infrastructure to determine their valid claims within a reasonable period of time, not having them in the united states waiting for a determination for years and years. i mean, that's one of the problems. we don't have the judges and the courts and the infrastructure to make these asylum decisions in a timely way. also a question that i asked, have been asking is, if somebody goes through three or four different countries claiming they're in danger in their home country, why do they have to come here? why aren't they safe once they get to another country? i think that's a legitimate question we have to address. >> charles: let's of questions for you. it's a crisis, all of these things. gentlemen, thanks very much. we appreciate you for taking the time. >> thank you. >> charles: why hitting the atm is hitting americans more. and is the american dream becoming a pipe dream? madison alworth. >> yeah, when it comes to the housing market, we have a lot of things working against us. high mortgage rates, tight inventory. there could be good news for families dieing to get in a home. i'll explain after this. these are the upshaws. and this is their playground. there's a story in every piece of land, run with us on a john deere tractor and start telling yours. ♪ ♪ mom! mom! every day can be extraordinary with rich, creamy, delicious fage total yogurt. >> new numbers may be showing the american dream is getting out of reach for potential buyers, madison alworth with the latest. >> mortgage applications show us people are putting that american dream on hold for now. demand fell to a near 27 year low last week, that's according to the mortgage bankers association but it's not just families that are pulling back up your coat real estate investors are getting out as well. investor purchases are down 45% from last year. that is the biggest decline since 2008 -- it also outpaces the 31% drop in all home sales. mortgage rates currently sit at about 7% and that has some impact on real estate investors but many of those individuals make cash offers. the other factors at play for the investor is high home prices, lack of inventory, and economic uncertainty. all of that is keeping home sales low in general but especially for investors who are purely in the market to make money. they notice the pullback and it could mean more opportunities for families. >> 18 must go, 24 months ago it was no5 offers on a home and at 32 maca five of those be investor of offers.ome, aon it's nothe typey clientittl acke bit, it should make things a little bite home buyers. >> these a seehan the bigges. ga js,onville, phoenix, allg a shift but even with less competition for those families, you still have to have homes available to purchase in order to get into a home and inventory in the real estate market is still very tight. >> charles: thank you very much. did you see this? >> called hackney diamond which is why we're in hackney which comes out october the 20th, that's why we are here. [cheers and applause] >> charles: as they say, rock on. 80-year-old mick jagger is still going strong as the rolling stones unveil a new album but in u.s. politics, age becoming a concern for everyone but should it be? he looks great! maybe there's something to sex, drugs, and rock 'n' roll, after all. >> here's the deal. it's not age, it's condition. mick jagger is out there at his age at singing start me up and joe biden's condition, he's singing help me up. that's not get off of my cloud, it's get off of my long. we talk about age but it's a matter of functionality. i would take a 92-year-old william shatner, looks like he can still fly the start of mecca starship enterprise but 82-year-old by the doesn't look like you can rent a car at enterprise. i think we have to focus more on aptitude but age is the trigger for these conversations because the guy is a mess. >> charles: then people bring up 92-year-old warren buffett. >> i completely agree, it's about competence and the role. as wonderful and as great as he is, he doesn't have any political power, he's not making any world changing decisions. joe biden at the age of 80 does have that power and there are serious concerns both among democrats and republicans that he is not just to old for the job but he is not mentally competent and that is where the lion lays. you really have to decide the difference between age and ability and functionality and i think mick jagger has the ability to be a rock star at any age but does biden have the competence to be president at the age of 80? with the functionality that he's currently displaying. >> is a cop-out when they say let the voters decide? to be quite frank particularly this year and in the presidential election, boaters at the democratic side have one choice, it's joe biden. >> exactly, and we have already shown that two-thirds of democrats don't believe biden is fit to stand in the next election. that goes to show, democrats are stuck between a rock and a hard place. do they choose nobody or do they choose a candidate who they don't believe is fit to run? >> charles: let's talk about the cost of cashing out. atm fees, customers now paying an average of $4 step $0.70. it's nuts, we've got to rob someone to get to an atm machine. >> it's a hostage situation -- this is regular retail. this isn't casinos, i did some research for the story. i was in a gentleman's club around the block -- it is your money. how are you charging five bucks for your own money, at least put on a ski mask when you ask for the $5.99 because you're robbing me. >> i think it isn't just the consumer who is being robbed but it's also businesses that rely on cash because people are turning more and more to other forms of payment -- contactless payment, apple pay, credit cards, that means small businesses that rely on cash income to keep them going are suffering. everyone here is at a loss except for those atm people who are adding megabucks every time you try to draw out a $10. >> charles: those swipe fees for those small retailers are going up, up, we think they are making money but really none. less than one minute to go, help me out here -- a lot of things going on in d.c., i've got to circle back because mitch mcconnell says he's not going anywhere. >> it's unfortunate, we are putting power and political positioning ahead of the country. we shouldn't be looking at this crowded washington right now and feeling good. not to belittle the situation, i've seen younger faces on money. >> charles: let's leave it there. great stuff, appreciate it. tropical storm lee has just become a hurricane, this as it turns over the atlantic, we will be watching this and what it means if anything for the east coast later in the week. we have complete updates for you on fox news as well come you can download that for free. thank you so much for joining the show, i leave you in the capable hands of "the five." ♪ ♪ greg: i'm greg gutfeld along side jeanine pirro, harold ford, jr., jesse watters and she once ran away to the flea circus, dana perino of the five. kamala harris putting the fear of god into every democrat who might set up 2024, the vice president starting like a girl boss as she claims to be ready to take over the big job, this pre