bret, obviously we are showing this as the president is arriving ahead of his border visit later this week. but we are highlighting, obviously, the live shots at the border as new york city is an example of a city just inundated to the max with migrants coming from there every single day. >> bret: sandra, it's amazing the numbers if you look at them. meantime, former president trump will be there on the border in eagle pass, texas on thursday, while president biden will be in brownsville, texas, just his second trip to the border as president. >> sandra: i'm sandra smith in new york city and this is "america reports". >> bret: bret baier in washington in for john roberts. the president will be blocks from the roosevelt hotel, but will he see the migrant crisis firsthand in new york? outrage is growing after police charged an illegal immigrant with killing 22-year-old laken riley down in georgia. the suspect had been arrested once before in new york. >> committed a crime when you come into the country illegally, that is a red flag. why nobody was notified or something was not done about that and this individual was allowed to then somehow get to the state of georgia and commit this murder, you know, outrageous. people are so frustrated. >> bret: fox team coverage now, gerri baker on the president's swing through the big apple today. nate foy with an update on migrant gangs stoking here, but first, alexis mcadams in eagle pass, texas. good afternoon, alexis. >> good afternoon. horrible case in georgia started here at the nation's southern border. fox news can confirm the migrant now facing murder charges in the case of the 22-year-old student was arrested in the big apple last year, busted on child endangerment charges. before ice could put a retainer on him, he was back on the streets. take a look here, this is the mug shot of the suspect we have been talking about, trying to figure out more and specifics about how he crossed into the united states. sources telling us jose antonio ibarra did cross into the united states illegally through el paso, texas in september of 2022. the 26-year-old then was released into the united states on parole. that means you get a court date, you are let free, told to come back in a few months or years because these courts are so backed up. so it's not just here at the southern border. every date now saying they are becoming a border state and dealing with the issues here as things rage on. and now the migrant facing murder charges, student was out on a run but never came home. law enforcement is on high alert, don't know who is coming in. >> we don't know who is coming in, it is a concern, and where do they go once they cross the border, and they are giving a court date. 6, 7 years out, they are not going to show up for the court date. >> eagle pass, texas, two women swimming across, a large group showed up in maverick county, processed by border patrol. back out here live, another live look at the drone from the drone team here, you can see it all along this area, there is razor wire fencing, the texas national guard, that was put in place by greg abbott, doing everything he can to secure the border waiting on the president of the united states to do the same. it comes as the migrant remains bars accused of murder, bret. >> bret: alexis, thanks. another brutal attack in times square following a string of incidents involving migrants. a group of over 20 people around a 17-year-old before stabbing him. nate, some of the accused attackers appeared in court. what happened there? >> well, bret, we learned that one of the accused attackers is from venezuela, and arrived in the united states six months ago. three 16-year-olds allegedly involved in the attack appeared in court, two are still in custody. one has been released after his mother and stepfather posted a $25,000 bail. take a look at this video showing the moment they left the courtroom. this came with some conditions, including that 16-year-old boy agreed not to make gang-related posts on social media, the state said they believe the attack is gang-related. the 17-year-old victim suffered a collapsed lung after getting stabbed. the teen accused of holding the knife appeared in court, along with another with a black eye. they are still searching for 16 suspects who have not been arrested and some you see wearing face masks on surveillance video. and also in court 15-year-old venezuelan migrant charged with the attempted murder of a police officer. police say he shot a brazilian tourist while shoplifting and then shot twice at an officer, but thankfully missed. ray kelly says the city cannot safely handle the migrant surge. >> if you take 150,000 migrants and super impose them on problems the city has, it's a tremendous strain on the government, and we all feel the pressure of what's happening here. >> bret, tomorrow marks one month since a group of migrants attacked two nypd officers in times square. three violent attacks in the times square area involving the past month, and a couple streets over is the roosevelt hotel, the main intake center for migrants in the city. back to you, bret. >> bret: nate, thanks. sandra. >> sandra: gerri baker, great to have you here. i mean, we go back to what we learned from voters on the ground in south carolina on saturday night, it was about immigration again. people don't like what they see happening to this country right now. >> i think we are at an inflation point. seen the issue so salient and so important for people and incidents like the incident a few weeks ago that nate foy just referenced in new york, terrible, terrible incident of the murder of laken riley, this is really bringing home to people in human terms the scale of the crisis that we have seen when we talk about in terms of numbers. millions and millions across the border, we have seen the pictures. we are seeing the human costs of that and yeah, i think we are at a political turning point here. because you know, you mentioned fox news voter analysis of voters in south carolina and new hampshire and iowa, too, has shown immigration is now the primary issue. a new harvard harris poll out today, they poll every month, and the first time immigration is the top issue and according to mark pen who runs the poll, and a former democratic consultant, the first time in decades that a noneconomic issue has been at the top of voter concerns. i think this is the defining -- we -- media talks about biden's age, rightly understandably about donald trump's legal problems, rightly, understandably. voters i think are going to be increasingly focused on this issue of immigration and when they see incidents like this and the crisis we have, it's very, very important factor. >> sandra: and as so many have been pointing out, you can sort of lump the two together. people don't like what they have seen, big box stores have to close with theft, small business owners the same, and this is karine jean-pierre the president's president secretary on air force one gaggling on the upcoming border visit from the president to the southern border later this week. what she said. >> he will discuss the urgent need to pass the senate bipartisan border security agreement, the toughest and fairest set of reforms to secure the border in decades. he will reiterate calls for congressional republicans to stop playing politics and to provide the funding needed for additional u.s. border patrol agents, more asylum officers, fentanyl detention technology and more. >> sandra: well, and also by the way, planning on going to the rio grande sector, that's been rather quiet compared to most of other hot spots, and now the president is in new york and will sit down with late night host seth meyers. this has been a president that's been reluctant to do interviews. put it up on the screen. you compare president trump, president obama and number of interviews february 26th of the fourth year in office and biden is far behind. but seth meyers, is that going to be a hard hitting interview? >> no disrespect to the man, yet another public relations opportunity, another opportunity, love-in between the entertainment crowd, the media crowd and the favored democratic president. it's not a serious challenge. and i think again, that's another part of biden's problem. he will not submit himself to serious challenge. and it is interesting, sandra. he's in new york, this immigration problem, which i'm sure he will not be tackled on by seth meyers or by any of these entertainment types, it's hitting home in new york. and we have seen this, and again this is why it's such an issue. seen the crime issues, overcrowding, talked about the migrants to the roosevelt hotel here, many, many other locations, too. the strain on public resources in the cities, including these big democratic cities is becoming so much, even democrats are starting to say you have to do something about it. blaming republicans, he's been president three years and done nothing about it. >> sandra: and axios is reporting that biden is using cheat sheets at fundraisers and it is worrying donors, gerry, note cards and calling on prescreened donors and then consulting his notes to provide detailed answers. this is according to people familiar with his routine. the president is 81, claims he feels younger but when you see this, i wonder what you think, gerry. axios is reporting the staged q & a sessions have left some wondering whether the president can stand the rigors of a presidential campaign, and trump, 77 years old. >> let me ask my cheat sheet -- by the way, this is not challenging interviews or challenging events where he's going to be grilled by a serious journalist or even by, you know, a member of the public. these are friendly gathering where everything is paying money to be with him, they are supporting him in the first place, they want the best for him, not giving him a hard time and even in those circumstances you are right, he seems to rely on these cheat sheets, notes. we have seen him, seen him so many times stumble, fail to -- misidentify world leaders, long terrible pauses. >> sandra: a live shot of marine one coming in now. >> if he's having to resort to those kinds of props when he speaks to his friends and donors, then you know he has a real problem being able to recall most of what he's required to do. >> sandra: i guess the biden campaign has responded and said the note cards are partly the result of a detail-oriented staff that wants to ensure these fundraisers are successful. but if the point is that he needs them to be, i guess that's the reporting on that. so, here comes the president, i'm sure he's going to clog up the streets of new york city is my guess right now over the next few hours. >> looking at that with a bit of a sigh, actually, of someone who lives not too far away from there, but he will -- this is what he does. he comes here, does these events and raises money here, and i know, too, i know democratic donors, spoken to many who are very concerned about him and don't think he has the capability to not only just not to do the job right now, to run right now, but president in four and a half years' time, they don't see it. >> sandra: thank you. and bret, as the president arrives, he will head to wall street. >> bret: and i did not even pay gerry for the interview. >> you can venmo me, it's fine. >> bret: we do have standing interview requests for president biden and many shows do, but you know, we renew them every couple weeks, and it really has fallen on dief ears over there as of yet. we'll see that that changes as you look live at marine one landing, the president spending the afternoon, we likely will not see any of this, sandra, other than the movement to get to these events. >> sandra: indeed. and if at any point he stops to talk to the press, we will certainly bring our viewers to those moments. we have not seen one yet since the president has departed for new york city. >> bret: and taking a look at the beast, the limo outside marine one he will get in. the u.s. carried out a new round of strikes in houthi targets in yemen. >> sandra: plus former president trump's legal team claiming new cell phone data could dispute claims fani willis made about the timeline of her relationship with nathan wade. jonathan turley will explain what's at stake next. >> cell site information proves a person was in a rough vicinity at a particular time and can tell you whether the person was moving or stationary. sounds it's consistent with two people having a relationship. i've got to go. ok. bye. mom! 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wifi? wifi that works all over the house, even the basement. the basement. so i can finally throw that party... and invite shannon barnes. dream do come true. xfinity gives you reliable wifi with wall-to-wall coverage on all your devices, even when everyone is online. maybe we'll even get married one day. i wonder what i will be doing? probably still living here with mom and dad. fast reliable speeds right where you need them. that's wall-to-wall wifi on the xfinity 10g network. >> bret: former president trump's lawyers are trying to poke holes in fulton county district attorney fani willis's testimony about her relationship with nathan wade. you remember all this, trump's team submitting cell phone location data that could raise questions about the timing of when their romance started. the filing claims wade visited willis's home about 35 times in 2021, before she hired nathan wade. jonathan turley, fox news contributor, george washington university law professor, constitutional attorney joins us. good afternoon. twists and turns and what do we think of the latest twist and turn here? they testified something differently on the stand. >> right. they said they had very limited contact, certainly no stay-overs at the home. the most i think damaging aspect of this testimony is really the number of calls. you are talking about 2000 potential calls here but the cell phone data suggests they are getting pings in the area near willis's home. that does not prove he was at willis's home but as part of the overall picture, it does not look good. there's a great deal of contradiction in this testimony. >> bret: and so potentially what does that mean? you've got this piece out that says in other parts of it, friends with benefits, telephone records new challenge to willis-wade testimony, prosecuting defendants for filing false statements and false papers to court, and now accused of the same conduct allegedly lying under oath. when you look at the judge and how he has dealt with this from her testimony to all of these questions, can you read between the tea leafs? >> i think towards the end of the previous hearings he was losing some control. he lost control of the courtroom to willis, but also has handling of the attorney/client privilege was a bit messy. the opposing counsel had a good objection that normally you state questions on the record and the other side can object to the privilege. he's trying to handle a lot of this in his courtroom -- sorry, in his office and away from the cameras. but the problem is the level of contradiction. it is very hard to square with nathan wade's testimony, with his sworn testimony earlier in his divorce case. he tried to do that, and was not very convincing. so my view of both of these prosecutors has hardened over time. i think there's no question that they are putting their personal interests ahead of the interests of the case and the public. >> bret: last thing, different topic, this is hunter biden and possibly creating more problems for his case, the gun case. hunter biden on 2024 election, i have something much bigger than even myself at stake. we are in the middle of a fight for the future of democracy, that's from axios. he also adds in his book kinds of talked about the whole gun issue, seems to have caused himself some issues. >> well, i think he should worry less about democracy and more his liberty. the problem with his interview with axios is that he blew away the suggested defense of his counsel, abbe lowell. lowell suggested they might argue he was in a period of sobriety when he signed the statement falsely. he contradicts that and says his first day of sobriety was actually the day before his father announced for president. the day of his wedding, that's eight months after he signed that form. so that doesn't leave a lot of runway for the defense and the curious thing, bret, they appear to be moving towards either challenging the statute, this law that joe biden has championed, or adopting arguments from the nra arguing that his second amendment rights are being violated. either way, it's a rather other worldly position for a biden. >> yeah, definitely. jonathan, as always. sandra. >> sandra: thank you, bret. are some in the mainstream media ignoring the fact in the uga killing was here illegally? leo terrell will be here on that. >> bret: kelly o'grady on the latest embarrassment involving google's a.i. chatbot. >> google's a.i. chatbot gemini turning back a lot of interesting things, a lot of concerning things around pedophiles and even hitler. -ugh. -here, i'll take that. woo hoo! ensure max protein, 30 grams protein, 1 gram sugar, 25 vitamins and minerals. and a new fiber blend with a prebiotic. 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a.p. writing the killing of a nursing student out for a run highlights the fears of solo female athletes. huh? let's bring in leo terrell. what's going on here, leo? >> i'll tell you, sandra. that story by a.p. is insulting and misleading. it's journalistic malpractice. you are a journalist, i'm a lawyer. they left out every single fact of the nature of the suspect. illegal alien, a criminal record, that he left new york on a criminal charge, it is insulting. i'll tell you why. they want to create a false narrative to protect joe biden. everyone in this country understands that illegal immigration is the number one issue, and what a.p. and the mainstream media is doing, what they are doing is they are trying to protect joe biden from the issue of illegal immigration. if it wasn't for fox, i'm not tooting fox's horn, if it was not for fox news the nation would not know and a lot of people only read the a.p. story and not know the entire story of the suspect and how he got to america. >> sandra: you know, maybe this is a really big wake-up moment, we are supposed to become so numb as a society to this sort of crime that we are all supposed to change our daily activities to adapt to it and work around it, leo. maybe just stop running outside all together? >> i reject that argument, sandra. because we are a nation of law. joe biden had a secure border under the trump administration. on the first day he was in office, he basically destroyed the secure border. we had a closed border and he has an open border. their policy is very clear, they want open border, they want new potential democrat voters, and the american people have had enough of it. that young girl did not have to die. it was due is biden's open border policy and they have blood on their hands, sandra. >> sandra: clearly i did not mean that to be the case, but it does make you wonder, right, leo, that we are supposed to change our behaviors to now protect ourselves against this type of activity, just so -- just a heinous crime that happened there in georgia to this 22-year-old college student and to your point, leo, you would not get the full story if you just looked at the headline in the a.p.. more from the georgia governor when he joined us earlier. >> if you just look at what was going on at eagle pass, you know, 3, 4 weeks ago, versus what's going on there now, you can see how to secure the border. this president and this so-called czar of the border vice president did not do that. and they were hoping american people were going to ignore this issue and now we have a dead young woman because of it. >> because leo, you and i have been talking about this for a while, right? now all of a sudden its urgent and this is a crisis. this is an administration that ignored it for quite some time, and downplayed it. this is kamala harris and mayorkas, 2022. they were still at that time insisting that our border was secure. listen. >> we have a secure border in that that is a priority for any nation, including ours and our administration. >> secretary mayorkas, do you continue to maintain that the border is secure? >> yes, and we are working day in and day out to enhance its security. >> sandra: they were saying this as that illegal immigrant who was crossing over the border, that then just days ago was walking freely in this country to kill that college student, leo. >> you had two politicians who went on national tv and just lied to the american people. you have a president going down to the border only because of politics. only because election year. it's all about power and control with the democrats. law and order is fundamental in every civilized society and we have lost it. not only what happened in georgia, but look what's going on in chicago. you play it every day, and new york city and los angeles, a town i live in. crime is rampant and is tolerated by the democrats because they look the other way. sanctuary cities is counterproductive. how can ice do their job when you have sanctuary cities protecting illegal aliens. case in point, new york allowing this immigrant, this illegal immigrant, to leave the state and go to georgia and eventually murder this young girl. >> sandra: leo terrell, we always appreciate when you can join us. thank you very much. >> bret: breaking news, live at the pentagon, getting ready for a pentagon briefing. the pentagon put out a 30-day review of defense secretary austin's january hospitalization, he's scheduled to testify on capitol hill on thursday. the interesting thing about here is that inside the deputy defense secretary hicks was given transfer of authority from secretary austin on the afternoon of january 2nd after secretary austin was moved to intensive care unit, taken to walter reed the afternoon of january 1st. hicks was not told to return from d.c. from her vacation and not told that austin was in the hospital until january 4th. we expect the pentagon to have to deal with questions about that, as well as new strikes in yemen against houthi rebels. and ronna mcdaniel stepping down as chairperson of the rnc. >> sandra: and president biden facing a fight in the michigan primary. could he lose to uncommitted? 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(dog bark) it's just smarter, healthier pet food. it's amazing what real food can do. >> bret: the former fbi informant alexander smirnov who is charged with lying of joe and hunter biden's involvement in a multi-million dollar scheme, david weiss ask he be rearrested because he considers him to be a flight risk. the judge ruled smirnov will remain in jail while he awaits trial. >> sandra: rnc chair woman ronna mcdaniel will step down from her post next month. donald trump is asking for new leaders forward. what should we expect from the rnc? >> sandra, good afternoon to you. we are going to see big changes in a matter of days. ronna mcdaniel's decision to step down could mean sweeping changes in the middle of a presidential election. niece of utah senator mitt romney and supporter of donald trump. mcdaniel writes i have decided to step aside at our spring training on march 8th in houston to allow the nominee for a chair of their choosing. it was always my intention to honor the tradition. yet to hear reaction from the former president, but was pushing for mcdaniel to leave. >> i think she did great whether she ran michigan for me, ok initially in the rnc, i would say there would be some changes made. >> he is of backing michael watley, and his daughter in law. nikki haley called it a recipe for disaster. >> the idea that those now moving not rnc are saying the rnc is only about donald trump, you can hang up house, you can hang up senate and the rest of the ticket. it is now becoming the republican party is donald trump's playpen. >> it's still up to the rnc voting members to decide, and don't know how many staffers played a part in mcdaniel's resignation. more in the weeks ahead. >> sandra: mark, thank you. >> we need to show joe biden and all the other candidates we support palestine, don't support our u.s. tax dollars going toward israel. >> joe biden failed himself, failed humanity. muslim community, yes, indeed, february 27th in michigan, we are voting uncommitted. >> bret: protestors in michigan unhappy with president biden's stance on the war in gaza and it could cost him in tomorrow's primary in migrant as arab american democrats angry over his support for israel and how it has gone down are pushing for a vote on uncommitted. joining us now, politics, editor and columnist at detroit news. chad, good afternoon. is this a real thing? in new hampshire, effort to have a write-in of ceasefire and while it did pick up some points, obviously president biden went on to win new hampshire in his own write-in campaign there. what about this? it's a different story in michigan. >> it is a different story. it's not a write-in campaign. it is actually on the ballot. uncommitted, the words under like dean phillips, it's a choice for people to check off on instead of voting for joe biden, and it's a little bit late in the game but spent about $200,000, digital ads, some mailing, this is kind of a grassroots campaign started out of dearborn, home of one of the largest concentration of arab and muslim voters in america. got some fire power support from congresswoman tlaib, her sister is one of the leaders of the campaign, and it's getting similar support from other corners of progressive democrats like former congressman andy levin who is jewish is behind it, and there are several other members of the state legislature, democrats, including the house majority floor leader in the statehouse who are also behind this, and this is really to try to push for biden is change his policy towards israel and to get more public demand, rather than making one-off comments of he thinks that netanyahu's response has been over the top, they want him to really get public and say to netanyahu, you need to -- you need to stop bombing and they are calling more attention to the 30,000 palestinian civilians who have died during this conflict. >> bret: yeah, it's a big deal in michigan. chad, thanks. breaking news out of the pentagon. pentagon asked about the 30-day review we talked about. take a listen. >> the president and the white house sooner. and the review is also clear that there can be more guidance for how determinations are made, executed and communicated but again, as the office of the director of administration and management conducted this review, they found nothing during the review that demonstrated any indication of ill-intent or attempt -- we took immediate steps to ensure that there were actions taken to improve communication with organizations such as the white house and the president and you saw us demonstrate that most recently when the secretary visited walter reed on february 11th. >> and secondly, yesterday an active duty service member saw himself on fire in front of the israeli embassy in protest for u.s. support for gaza. has the secretary been briefed on air man bushnel, and is he concerned this airman's actions may indicate a bigger issue in the military as far as u.s. support for the ongoing operation. >> yeah, so the secretary is following the situation. i know the air force has confirmed the airman's death. they do plan to provide additional 24 hours after next of kin is complete. it's a tragic event. the d.c. metropolitan police department has the lead for responding to questions about that incident, so anything on that i would have to refer you to them. >> is the secretary concerned this might indicate that there is a deeper issue maybe u.s. military being -- military personnel are concerned about how weapons and support for israel is being used on civilians in gaza. >> look, from a department of defense standpoint, since hamas's brutal attacks on october 7th we have been focused on the four key areas the secretary set out from the onset. protecting u.s. forces and citizens in the region, supporting israel's inherent right to defend itself from terrorist attacks, working closely with israel to support and secure the release of hostages from hamas. >> bret: all right, general ryder there at the pentagon talking about this review and also the airman who set himself on fire outside the israeli embassy. on the 30-day review, they are still trying to get all the answers. it's fairly thin, if you look into the words here about who was notified and what they did, but ahead of testimony on capitol hill, secretary austin is likely going to be asked a lot about this come thursday. sandra. >> sandra: and leaving out details why they say the secretary staff was limited in certain ways. meanwhile, live on the ground in tel aviv as tensions in the middle east continue to escalate. we'll be right back. because liberty mutual customized my car insurance and i saved hundreds. that's great. i know, right? 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garvey is wrong for california. but garvey's surging in the polls. fox news says garvey would be a boost to republican control of the senate. stop garvey. adam schiff for senate. i'm adam schiff, and i approve this message. i'm katie porter and i approve this message. he's the hundred-percent pro-trump candidate for u.s. senate: republican eric early. always supports trump and the maga agenda. republican eric early. endorsed by the california pro-life council... ...opposed to all abortion. and eric early loves the second amendment. eric early. way more dangerous than steve garvey. he dodges trump. garvey even said he might vote for biden. republican eric early for u.s. senate. too maga. too trump. too dangerous. now. you can see general ryder's screen after the u.s. and u.k. carried out another round of coalition strikes in yemen. they're dealing with new strikes from hezbollah in the north. mike tobin is live in tel aviv, israel at this hour. mike, is the offensive in raffah inevitable at this point? >> the israeli prime minister, benjamin netanyahu seemed to indicate, like it or not, israeli ground forces will go in to raffah. raffah is where a million of palestinian refugees are sheltering. israel insists that fighters are there as well, a plan has been submitted to evacuate refugees. the raffah offensive is needed for total victory over hamas, since prime minister netanyahu. >> if america tells you not to go in to raffah, will you go in any way? >> we will make our own decisions. we will go in having the idea of the evacuation of the civilians. i agree with the u.s. on this. i don't have a different position. our strategy right now has always been from the beginning to try to get civilians out of harm's way. >> meantime, there's a possibility of a cease fire. a deal to exchange hostages for palestinian prisoners was hammered out by a delegation that went to paris. tension on the border has tensions. israel has released a video of an air strike. it killed a hamas operative. the idf says hezbollah continues to rocket communities in the north of israel. israel responded to air strikes deeper in to lebanon than at any point since october 7. meantime, in the west bank, the prime minister of the palestinian authority and the entire government of the palestinian authority submitted their resignation. it's not clear if the palestinian president mahmoud abbas will accept them. >> sandra: thanks, mike. breaking news on the alec baldwin "rust" case. we'll be right back. oose safeli? 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