mising nine-year-old charlotte sena found alive hidden in a cabinet that belongs to the man who abducted her while she was camping with her family on saturday. you're watching "fox and friends first," i'm todd piro. >> carley: good morning, todd, i'm carley shimkus. the details are incredible. here is how it played out. charlotte was last seen 6 p.m. saturday night when she was bike riding with friends in the park. her parents called 911 after finding her bike abandoned in the woods. >> todd: police issued an amber alert the next morning. things got interesting. next day around 4:20 in the morning, the suspect in the case showed up at the family's house to drop a ransom note in the mailbox. police lifted a fingerprint in the note and traced it and found her in hiding in a cabinet. the first 48 hours after somebody specifically, particularly a child goes mising is the most crucial period and what is so stunning about this case is the amazing response of law enforcement and how everything coalesced to find charlotte and the individual who allegedly kidnapped her. >> carley: thank god this little girl was found alive and safe. it prosecutor your heart when you heard it. molly line has been covering the story. the little girl was wearing a tie dye pokemonshirt, of course she was wearing that that is what little girls wear. usually when you hear a child abducted in the woods, your mind goes to dark places. apparently the suspect left d.n.a. all over the ransom note he put in the sena family mailbox. i'm sure police were staking out the home. they matched that d.n.a. to a 99 99 1999 dui arrest. they found the suspect staying in a camper behind his mom's trailer. swat team comes in and use helicopters. he did not go down without a fight. they found little charlotte in a cabinet, safe. they took her to the hospital. she was found 13 miles south of her family home. we don't know if there is a connection between the suspect and child yet. thank god this story had a happy ending. >> todd: and there are reporting in the albany times union, the local newspaper, this suspect has a history of sexual abuse in the past. we have a lot of questions that need to be asked. the focus is on the fact we found this little girl, found her alive. i will speak to a friend of the sena family in a moment and ask how the family and charlotte are doing, all the questions you want answers to. carley, last night when we decided i would be coming up here, you and i were texting with the producers and i think the overall feeling is not this is a news story. we looked at this through the lens of being a parent. i was reading to my little one when the news came in that charlotte was alive and i gave my little girl the biggest hug in the world. this story spoke to america. you think about a little girl biking. nothing more american than that. gets kidnapped. thank goodness it has a happy ending. >> carley: charlotte is a bright, adventurous girl. she wanted to create a club at her school for kids who do not have friends. thankfully she'll be able to create that club. got big hugs from her inner pas last night. another fox news alert, hunter biden due in federal court today and expected to plead not guilty to felony gun charges. brooke singman is live outside the courthouse in wilmington, delaware with the latest. good morning. >> brooke: good morning. we're here in wilmington, hunter biden is expected to arrive in this courthouse and plead not guilty to three federal gun charges, charges stemming from special counsel david weiss investigation. this arraignment after judge rejected a request to appear here virtually. hunter biden should not receive special treatment in this manner, absent some unusual circumstances. president's son is accused of buying a gun in 2018, while illegally using drugs, something he admitted in his own memoir. he is facing three separate charges, one for lying on the gun application, lying to the clerk and possessing a firearm while using drugs. he faces maximum penalty of 25 years in prison and $750,000 fine smchl say these charges are cover-up of something bigger that could possibly implicate president biden. listen. >> this is a charade, part of the biden justice department's cover-up. there is clear evidence that joe biden is corrupted and compromised by tens of millioningses in foreign bribes. he will pardon his son before he leaves office. >> brooke: new polling shows legal trouble have no bearing on how voters will vote in 2024. we are here at federal court and won't expect a mug shot from hunter biden today. we will be watching and bringing you the latest. >> carley: thank you so much, over to you. >> todd: portland public safety commissioner telling crime victims not to call 911 unless it is a matter of life and death. >> carley: a business owner is spending thousands to keep his property locked up and safe from criminals. we'll talk to him coming up next. this was no bear. it was like a bearsquatch! dad. what's a bearsquatch? it's a cross between a bear and a sass... it's made up. he's usually sleeping. he'll never sleep again. ♪ >> janice: good morning, everyone. summertime temps, cooler in the west. big cold front, strong one come out of the rockies and move toward plain states, midwest and across mississippi and ohio river valley. cooler than average temperatures on the way. stronger storms along the front and ahead of it, very warm, 81 today, 84 in minneapolis, 81 in cleveland, 81 for new york city. thursday, another day of above average temperatures. start to feel cooler air move in and then it is over. we get into the weekend. we will enjoy it over the next couple days. because of the strong cold front interacting with unsettled air, strong hail, damaging wind and torn other than tos and heavy rainfall along the front. that will bring potential for flash flooding not only today but for portions of texas, oklahoma and mississippi river valley. we will continue to monitor that. seeing felipe in the atlantic, we do not think it will come close to the u.s. foxweather.com. >> carley: we will watch. thank you so much. headlines on america's crime crisis. shocking video from philadelphia shows an armed motorcyclist stomping out a woman's back windshield, you can see him aim a handgun at her. the driver's two children were in the car at the time. the suspect proceeds to head butt the woman. she shoves him back before he takes off on his motorcycle. police are looking for the suspect. philadelphia police arresting 70 people in connection to multi-day crime spree that devastated businesses, burglar larry to criminal mischief. suspects broke glass and raided cash registers. it was due to the fatal shooting of a 27-year-old. police say the number of arrests are expected to rise. >> todd: portland public safety commissioner urging residents not to call 911 except in certain emergencies. they had eight overdoses in one morning. we are getting hammered with a multiple person overdose, do not call 911 except in the event of life or death emergency or crime in progress. a portland business owner joins me now. is there any greater indictment of government than when it admits it cannot perform its main function, which is public safety? >> no. portland leadership has let us down for two or 2-1/2 years at this point. this was allowed to build and we are seeing more and more of it and putting stress on businesses, families, everyone. >> todd: according to independent study, 3000 911 calls were made from january to june. there were 472 arrests related to drugs and narcotics and 100 homicides. when i put the numbers together, i think tax paying citizens of portland could have their property put in jeopardy because the city has decided not to handle the fentanyl crisis like they should. is that your read on it? >> fentanyl has exploded. their lack of handling most crises from homeless population that has exploded to fentanyl, they just had a hands off approach and they are trying to play catch up. it is dangerous. there are too many young people at risk and too many people dying in our streets. >> todd: i'm glad you mentioned homelessness. homeless people are suing over a new daytime camping ban. i didn't say that wrong. the homeless are suing the city. you spent money to put your van in a cage to keep it from people who feel entitled. are you shocked by this sense of entitlement from the homeless that they can sue because they view the world as their home or come as no surprise considering how portland democrat leaders have enabled homelessness despite millions that have gone into solving the homeless crisis? >> from my aspect, i'm not shocked by this from an aspect that the city has failed the homeless here just like they failed businesses and everybody else here. a lot of people need help and the city has dropped the ball from day one. there is city leadership abdo indicated their duties in portland and you see it everyday. >> todd: it's the homeless industrial complex, think of resources that will go into this lawsuit that could go to help the homeless. thank you for your time. speaking of sad situations, coach brian daboll not happy as new york giants got crushed by the seahawks, we'll show the beatdown coming up. >> carley: and this beer is giving bud light run for their money, trump mugshot can. the company ceo joins us next. i was stuck. unresolved depression symptoms were in my way. i needed more from my antidepressant. vraylar helped give it a lift. adding vraylar to an antidepressant... is clinically proven to help relieve overall depression symptoms... ...better than an antidepressant alone. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. report unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, as 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(soft music) ♪ hello, colonial penn? >> carley: did you hear this? new beer brand called ultraright beer company made half a million dollars in just 12 hours after releasing limited edition can with president trump's mugshot on the front. the ceo of ultraright beer company join me now. seth, five tractor loads of cans, did you think it would be this much of a hit? >> i knew it was going to be a hit, i didn't realize how big it was going to go. we are using the funds to trump the trump electors being prosecuted in the state of georgia. this is for legal defense fund. >> carley: you ran president trump's 2016 campaign in georgia, i'm sure this is where got the idea to donate funds. you also have a personal connection to the president. >> some of my friends are being arrested by the communist fani willis. >> carley: i'm sure people are buying as gifts or having a party. >> collector's items. >> carley: they throw a can to a friend, my gosh, you got it. what are people responding to? >> our organization has been raising funds and giving to organizations like the 1776 project flipping woke school boards and turning them over to normal people. people have reached a tipping point, they are done. we have a lot of crazy people on school boards. we will contribute to flipping a school board from the woke, that resonates with people. people are done with the insanity. as an organization and company to be out there, we buy products all the time that hate our value. we go to sports venues that hate our -- when you support causes for you, it is home run for a lot of people. >> carley: you will do so well on christmas and father's day, big hits for you. we talked about the can, what is the beer inside taste like? >> so it is classic american lager. great beer, incredible recipe. response we have received is incredible, i'm proud to stand behind. this is beer people will be drinking 100 years from now. >> carley: beer with a political purpose. seth weathers, thank you. where can we get the beer? >> ultrarightbeer.com, conservative dads. thank you. >> carley: appreciate it. over to you. >> todd: i was going to do this thing and precontinued like the pro prompter went out, but that would upset it is producers. monday night football. seahawks dominate giants. three turnovers, including this one. >> this one is picked and back the weather way. weatherspoon cuts back. what a night for the rookie. you think they love him in seattle? how about six points. >> todd: giants lose 24-3. coach brian daboll seen tossing his tablet and getting in a tense conversation with jones. should he make a call to will farrell. >> z puck and make it slippy. [laughter] >> todd: at this point, make it slippy if you are the giants, you can't do anything more embarrassing. there is this, n.f.l. removing taylor swift inspired social media post following backlash after the league changed instagram bioto chiefs are 2-0 as swifties following the team's win over the jets. on monday, the biowas nothing more than a blank space. fans are concerned about a -- call got head coach robert saleh flagged for unsportsmanlike conduct. the n.f.l. did not want to appear they were scripting this in light of the taylor swift situation. this has been a horror movie for my giants and i hope the guy comes with the chainsaw to end my memory as soon as possible. >> carley: it was a good idea to reign it back a little on the taylor swift stuff. we get it. democrat congressman henry cuellar getting hijacked a mile from the capitol building. we have that horrific story coming up next. >> todd: absolutely incredible story. nine-year-old charlotte sena is found safe. a friend of the family joining me live from moreau state park as we report live from the scene all morning long. don't go anywhere. fear not, i got you! who are you? 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>> very well. very well. thrilled to have her back. by all accounts, she is doing just fine. >> todd: as a parent, i can't imagine the sense of relief, how is mom and dad doing? >> just elated. you try to stay optimistic as possible, but you have to think of the bad side. we are thrilled. >> todd: have you had opportunity to speak with the parents? >> just texting back and forth. they all left here and went to albany med and by all accounts, everything is good. >> todd: when will she be released. >> day or so. >> todd: situations like this, when you hear them in the news, they don't always end well. if you are going with gut instincts, they usually end poorly and horrific. what does that say about the response of law enforcement in this community that we are celebrating today and not mourning? >> speaking for everybody, law enforcement is the reason we found her and got her back. overwhelming effort by state police, local emt's and first responders, hundreds were walking the woods, it is special we saw this happen. >> todd: do need to get into the individual involved, there are reports craig nelson ross reportedly targeted charlotte, can you speak to that? >> i can't at this pon, they are working on the details. it is obvious this person had premeditated aspirations. >> todd: any sense we knew the family? lived two miles from the sena family home. >> i think he may have been aware of them, i don't know what we can share on that, i'm sure they are trying to build it together. it happened so quickly and everybody went from elated. i don't have the inside scoop. >> todd: as someone who lives in this community, have you had interact with this suspect, ever heard of him? >> no, never did. >> todd: no awareness this individual had a history of sexual abuse in the criminal context? >> i read the same articles, i personally do not have that information. >> todd: we were talking off camera and there was a general sense that you have two daughters, i have two daughters, the initial instinct was to hug your family and that is what you told the media last night when they asked how things were going, it was the end of the day and you all told the media, go hug your family. tell me about that moment. we tend to keep the fast pace life, it is boils down to daddy, take care of me and knowing dave the way i know, that has to be the hardest thing, this happened under their watch as parents. it was brutal. how can you not think the most cherished moment, hug your children. >> todd: you know this family and this little girl, charlotte, she has a huge love of others. knowing her and knowing how she is welcoming to other kids, do you have any concern that this experience is going to potentially ruin that love or joy of life or is charlotte one of those individuals who will say, i love society, i love my fellow humans, i will continue to of lo, love, love. >> if you met her parents, you would know she is going to be just fine. her father is eternally optimistic, fun guy, loves people, a marvelous family. she was abruptly removed from the family and returned safe and sound. there will be healing, of course, it is a wonderful story for a wonderful family. >> todd: thank you for getting up early with us, we appreciate it. carley, we've been talking about this for a while, beautiful ending to what could have been worse. thank the lord we are celebrating today and not mourning. >> carley: i'm sure little charlotte has a great future ahead. great interview. is president biden too old to run for reelection? 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>> i've said this many times this morning, the president believes all workers, including healthcare and those that make their work possible, they deserve fair pay and they deserve fair benefit. >> cheryl: healthcare workers could walk off the job as early as wednesday if talks with kaiser-permanente did not restart. >> carley: tell us about the ev plant and what it will run off of. >> cheryl: electric battery plant in kansas may use so much energy, coal power may need to keep it running. it is in de soto, kansas. not only is coal likely needed, the utility company -- not panasonic is scheduled to get billions in federal subsidy, it is a big effort for companies to go grown. local utility company may raise rates throughout kansas and by 21% in topeka and wichita to make up the difference because the plant will consume so much energy. >> carley: quite the headline, ev battery plant that may run on coal. >> cheryl: you can't just turn the lights off. where is solar? that will not work either. unbelievable. >> carley: thank you. transgender runner in maine dominating girls races, ranked 172 last year while racing as a boy and sits at number 14 in the girls division. an athlete in maine says it is not fair to a female who has trained hard. males are biological faster than girls. outkick host tomi lahren joins me now. here we go again, on the testosterone front, a doctor has two girls and said if a boy competing were found to be using performance-enhancing drugs, he would be disqualified. if that same boy those to compete as a girl, he would be disqualified due to the competitive advantage. for the girl, this is the grossest of injustices, what do you think about all of this? >> tomi: i think that we don't need a doctor to tell us that biological males are more athletic in many ways than females, not for lack of trying, but biologically speaking. it is nice we have a doctor to break that down for us. we need to return to some semblence of common sense. 172th as a man and fourth as a girl. women sports are retirement plan for failed male athletes and i ask this, i will ask again, where are the feminists? we've been hearing feminism is about equal rights and female empowerment. when you have high school and college-age women who work hard to obtain scholarships and accomplishments, where are the feminists empowering young ladies and do they simply not care? >> carley: this doctor's point, if you're a girl and you are an athlete and take testosterone, you are disqualified and that is what boys have naturally more of, giving them a competitive edge. the new zero bail policy is in effect after judge ruled cash bail discriminates against minority and the poor. new name is laphonza butler, appointed by gavin newsom to replace dianne feinstein. she said by eliminating money bail system that preys on the poor and working people like members of sb-10 is step forward for equality and rights. what about safety? does that factor into these people's decision? >> tomi: no and democrats have not been able to give us one legitimate justification for why this cashless bail, zero cash bail policy is justified. they also haven't been able to tell us how it makes people safer. the rationale, it is better for minorities and the poor. a lot of crimes are committed in areas that are minority communities or where people are low income or lower on the income scale. what you are doing is terrorizing communities that are disenfranchised and struggling and saying we will let criminals run wild with no consequences. they have not been able to give us justification for why this works. new york city has been ravaged, california has been ravaged, not one example where this has worked, they do it anyway, we need to ask why. >> carley: we do. if you are on the side of something criminals are celebrating, you are on the wrong side of that argument. thanks for joining us, we appreciate it. former president trump is heading back into the courtroom today and he says yesterday was a good day for his defense. we are talking to trump's attorney coming up next. >> 48-hour search todd was talking about for charlotte sena comes to an end, she is safe. fingerprintses were the key piece of information. former president donald trump will be back in court for day two. we'll talk about day one and preview today. the rogue judge couldn't help himself, look at that smile, takes his glasses off, is he taking this seriously? is that the best he can look? new poll shows they think biden is too old to serve another term. but why? the country music single walker hayes, is coming to fox square for a live performance. we have chairs, tables, slim chicken, catering breakfast for "fox and friends." chris and samantha came into work very hungry. get up issue get dressed and give it 110% for the next three hours and take a rest at 9:01. r. you're replacing me? customize and save with liberty bibberty. he doesn't even have a mustache. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ ♪ >> todd: former president trump headed back into a new york city courtroom today after what he is calling a successful first day. quote: good day of trial today as the judge will be honoring the appellate court's unanimous decision on the statute of limitations it the case by 80%. see you in court on tuesday morning. >> halyna habba joins us on said now. good morning to you. back in court today former president left in a very good mood saying 80% of the case dismissed. this all has to do with statute of limitations. >> that's right. remember originally we had appellate decision in june dismissed ivanka trump. there is statute of limitations and limitations on years that they can go back. that effects the value of the case that they are bringing against him. , which by the way the case should be entirely dismissed. that's obviously our position. this judge did not acknowledge it until yesterday when he said you just spent the entire day wearing my time, effectively. 2011 is what we looked at. that is way before. and the appellate division already decided that. so, it was great. i'm really happy that he acknowledged it. it was a good step in the right direction. >> todd: alina, the underlying decision from this very judge that many legal experts don't even know how it carries out in practice. basically, it appears like this judge is taking away all of donald trump's ability to do business. so you're a member of this legal team. if this actually ends up being reality. what happens? do you know? >> sure. it's called the corporate death penalty. that's what we call it anyway. effectively, it's what the attorney general wants. they want to say that president trump and not only president trump, his children, and the 850 plus people that work for him will be affected and not able to do president trump and the trump family will not be able to conduct business in new york. will have to be dissolved in the state of new york for doing, what? i don't know. they put together a compilation of their values which then sophisticated banks came in, looked at, and did their own valuations of for loans that he frankly didn't need because his net worth is so high. that's effectively what it means. >> carley: i'm sure you're going to want to clear this up the reason there is no jury trial is because nobody asked. >> i love that question. >> carley: because you didn't check the box to ask for a jury trial? is that true? >> no. that is not true. thank you for saying that. so, the judge actually, what he said it's tricky, if you don't understand the section what he said under section 6312 there is no right to a jury trial. this is no box checking. unfortunately there has been people in the news misleading everyone saying that there is an option to check a box and you get a jury. that is wrong, everyone. there is no option to check a box. they brought this under a consumer fraud statute. it has never been used in this way for a reason. because this judge, who oversaw the special proceeding, has given them everything they wanted effectively for years. and they wanted to keep it in this division as opposed to the commercial division, where we would have had a normal judge. so no, everyone, i didn't forget to check a box. >> carley: there you go. >> sorry. >> carley: clearing that up. back in court today and donald trump is going to be there as well. >> yes. >> carley: this is going to wrap up in december. >> in december. >> carley: a long road ahead. thank you for joining us this morning. >> thank you, carley. >> carley: "fox & friends" starts right now. have great day, everybody. ♪ ♪