>> jesse: i could use water, too. thank you. >> bret: gogood evening. i'm bret baier, breaking tonight. the u.s. supreme court will decide whether former president donald trump has immunity from prosecution in the special counsel's federal election interference case. now, this means the justices will decide a huge election year dispute that will have blockbuster legal and political implications for the nation. and for the upcoming election, obviously. fox news chief legal correspondent anchor of "fox news sunday" shannon bream is here with the breaking details. good evening, shannon. >> shannon: hello, bret. well, tonight, this is a big win for the trump team in the sense that it delays the federal criminal trial that special counsel jack smith had originally pushed to start marc. after a loss at the d.c. circuit, which issued a sweeping decision ruling against president trump on this issue of immunity, we have been standing by to see whether the supreme court would actually get involved. well, today's order puts the immunity issue fast track with the high court with the justices limiting the questions to this. whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office? the order provides no indication of how any justice voted on whether or not to hear the case. but, makes clear the court is, quote: not expressing a view on the merits of the issue just yet. arguments will be held the week of april 22nd. a decision is most likely to come toward the end of the court's term in late june. until the supreme court makes a decision all the activity at the trial court level is on hold that means only once the high court does ultimately rule will all the pre-trial motions and discovery will resume. should the trump team be on the losing end of a decision at the supreme court, it is sure to argue it needs several weeks, it not months to gear up of the criminal trial. pushing the start to late summer and early fall. also in april, keep in mind, the supreme court will hear arguments from a january 6th defendant who is challenging whether the doj improperly charged him with obstruction of an official proceeding. now, president trump is also facing that same ch if the justs decide improperly applied to defendants. it's possible that part of jack smith's case against the president could be gone as well. bret? >> bret: shannon, this sowble massive for the election. if, as expected, the former president becomes the republican nominee. meantime, there are also deciding at the supreme court about the ballot in colorado. and all of that comes together to a head, right? >> shannon: yeah. we are still waiting. we could get that decision at any time about whether or not colorado and by de facto any other state has the ability to keep the president, the former president off the ballot. we would expect that sooner rather than later, but we are standing by because we know that dozens of states have considered taking that same move. >> bret: fascinating. thank you so much, shannon. we will have analysis for fox news chief political analyst brit hume and george washington university law school professor jonathan turley on the legal and the political in just moments. a new york appellate judge is refusing to halt collection of former president trump's $454 million civil fraud penalty while he appeals. the judge rejecting the former president's request that he be allowed to post a bond covering just a fraction of what he owes. the judge did grant some of the former president's request, including pausing a three-year ban on him seeking loans from new york banks. which would help him secure the necessary bond. president biden and his team going on the offensive today against republicans over the border crisis. and against anyone else who is disparaging his age and competence. the president's doctor insists he is fit to serve while critics note one test that did not make the list in that physical. white house correspondent jacqui heinrich has details tonight from the north lawn. good evening, jacqui. >> good evening, brett. the president's health, according to his doctors has not changed since last year. the arthritis in the right hip mildly worse which effects his gate there aren't any new issues according to this readout. still, he did not undergo one exam that could have helped him politically. >> according to his doctor, the president, quote: continues to be fit for duty and fully executes all of his responsibilities without any exemptions or accommodations. a positive readout for the 81-year-old who was portrayed as suffering mental decline by the special counsel who investigated his handling of classified documents. >> but biden did not seize the chance to shut down voter concerns about his age by undergoing a cognitive exam. according to the white house his doctors don't think he needs one. >> the folks need to understand the president passes a cognitive test every day. he is able to do the work every day that is rigorous, that is more rigorous than it would be for any 15-minute clinical appointment. >> tomorrow biden will travel to the border. a trip he resisted for his first two years in office but is seizing on now to make hay of republicans rejecting the bipartisan senate bill that was endorsed by the border patrol union. >> we believe we are on the offense because we did the work with the senate in a bipartisan way for four months. and republicans rejected it. they allowed politics to get in the way. >> but the sector biden is visiting is among the slowest for illegal crossings, averaging only 17 day for the month of february, according to cbp. officials here say that doesn't matter. >> this administration has often criticized republicans when they go to the border and hold similar press conferences and saying they are doing publicity stunts and photo ops. how is this any different? >> oh, it's very different. whether a house republicans have done is nothing. absolutely nothing: if anything they can simply get in the way. >> the president is not expected to issue any executive orders while he is in texas. his critics have called for him to reenact trump era policy that's rescinded at the beginning of his administration. but, for now, he is just taking the moment to redirect all this heat on immigration toward the g.o.p. there is one big shift we can report. the white house is now calling for sanctuary cities to cooperate with ice. amid furor over crimes committed by migrants. as a candidate in 2020, the president when asked if local police should turn over migrants who are arrested, to immigration authorities his answer was no, bret. >> bret: jacqui heinrich live at the north lawn. jacqui, thank you. as mentioned there for the third and fourth time this week, we are telling you about an illegal immigrant arrested in connection with a brutal crime. tonight a sauber done migrant detained for the murder of a 2-year-old boy and honduran migrant under suspicion of raping a girl and stabbing a man with all of that here is alexandria hoff that. >> term means different things to people depending on the context of the discussion. >> the mayor of athens, georgia, immediately slammed by community members after denying his city offers sanctuary protections. >> you are lawless! >> protesters steal a resolution welcomed empowered jose ibarra the venezuelan national charged in laken riley's death. mayor kelli gertz implied the 2019 policy was more about former president trump. >> you had the president of the united states speaking in the most vile terms about people who were foreign-born. >> other recent cases fueling national concern outside of new orleans this weekend a 19-year-old honduran national was charged in the rape of a 14-year-old at knife point. in virginia, a venezuelan man was arrested for allegedly sexually assaulting a 14-year-old. he had been released by customs and border protection last year. >> these are the types of tragedies that they keep us up at night. they need to have the ability to deliver consequences to people that ignore laws. >> closer to where those laws are made a young maryland mother is struggling. >> he was like the person i was holding on to to keep going with my life and now i don't have him. >> 2-year-old son jeremy was shot and killed after he and his mom were caught in the crossfire of opposing groups. among those charged in the shooting death, neil sen trejo, a 25-year-old illegal immigrant from el salvador. ice spokesperson told fox despite a removal order, theft arrest and immigration filings he was twice released from prison thanks to montgomery county maryland policy. like in athens, georgia, county executive mark elrich denies that the community is a sanctuary. >> sanctuary city would have no list of things for which you turn people over to ice. we have a long list of things for which we turn people over to ice. >> yeah, but most nonviolent crimes they are not on that list. hence why tray whose was release from custody twice. the county revealed today it is in talks to start work morgue closely with federal immigration agents. bret? >> bret: alex, thank you. ♪ ♪ >> bret: the president's son again denying his father had any involvement in the family business. this time up on capitol hill. hunter biden testifying under oath today behind closed doors. that is where congressional correspondent aishah hasnie is tonight on capitol hill with the latest. good evening, aishah. >> good evening to you, bret. well, hunter biden told fox news that the deposition went, quote, great. but he is now apparently heading back to the hill for an open public hearing. that's according to oversight committee chairman james comer who is claiming that hunter biden made a lot of contradictory statements today during this deposition and that is why he wants to bring him back to the hill to publicly testify. watch this. >> i think that the public hearing hopefully will clear up some discrepancies between some of the statements that were made between some of the associates and what we heard today but all in all i'm very optimistic, very excited about this deposition. and i look forward to releasing the transcripts as soon as both sides agree to that. >> so, bret, we are told that hunter answered every question at length and in detail. he did not plead the fifth today. buff he had no comments for reporters as he left. his attorney, abbe lowell though saying this. >> the they have produced no evidence that would do anything to support the notion that there was any financial transactions that involved hunter with his father, period. there is no evidence because there is no evidence and today only confirmed that thank you. >> will you come back for a public hearing? >> okay. so one of the bigger questions republicans still have, bret, is what value or what experience hunter offered to foreign companies, foreign countries, other than his relationship to joe biden. and both sides gave us their own take on hunter's answers today. listen. >> we have asked those questions. and there is -- there is illusory value, there is a mirage to believe that hunter biden was engaged in international business. this was a bribe, masquerading as an international business transaction, nothing more, nothing less. >> look, i'm a graduate of georgetown, i went to yale law school. he has served on multiple corporate boards. he has been involved in lots of business. and he was an expert on corporate governance after having worked in corporate governor man's on corporate boards. >> and, bret, there was also the stunning moment during the deposition when democrats say hunter biden himself suggested that lawmakers should launch an investigation into jared kushner. the son of former president trump over his overseas business dealings. and what fox pressed democrats on that, why it appeared that hunter biden was leading them and when it came to what to investigate, what not to, representative goldman tried to counter that and say that he was just making a comparison. breath? >> bret: lawmakers trying to avert a government shutdown. word there may be a deal on that tonight? issue issue yes, there has been a deal that's been reached house is expected to take a vote tomorrow on a short-term spending bill to keep the government funded for one week next friday the new deadline. that would buy enough time to take votes punting to get time to pass a budget finally. bret? >> bret: okay. aishah hasnie live on capitol hill. aishah, thank you. >> bret: also breaking tonight the longest serving senate leader in history is stepping aside after this year. 82-year-old minority leader mitch mcconnell says this will be his last term in the senate. senior congressional correspondent chad pergram has reaction tonight live from capitol hill. good evening, chad. >> bret, good evening. mitch mcconnell led senate republicans in the majority and minority since 2007. but several factors worked against mcconnell. his health slipped. mcconnell froze on multiple occasions last year and he no longer controlled senate republicans. >> believe me, i know the politics within my party at this particular moment in time. i have many faults politics is not one of them. >> mcconnell failed to get the majority of senate republicans to support the international aid package two weeks ago. josh hawley of missouri said mcconnell opened what he called a, quote: guiser of corporate cash into american politics. >> mitch mcconnell is the least popular politician in america of either party [inaudible] symbol of what is wrong with washington. >> mcconnell was tight with president biden when they both served in the senate. mcconnell even named a cancer research bill after the president's son beau biden in 2016. [shouting] [inaudible] >> mcconnell rarely shows emotion but not today. he quoted from the book of ecclesiastes. >> to everything there is a season and a time to every purpose under heaven. but, father time remains undefeated. >> g.o.p. will not tap a successor until november. there was concern that former president trump wanted to oust mcconnell. here are the names to watch. minority whip john thune, former whip john cornyn and john barrasso. bret? >> bret: chad pergram live on the hill. thank you. up next brit hume and jonathan turley with analysis of the legal news of the day. and later taliban brutality on display again in afghanistan. we'll take you there. ♪ ♪ help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. everybody wants super straight, super white teeth. they want that hollywood white smile. new sensodyne clinical white provides 2 shades whiter teeth and 24/7 sensitivity protection. i think it's a great product. it's going to help a lot of patients. men tell us when they use just for men® to eliminate gray, there's a great “before and after”. then, there's the 'after the after' — that boost you get when you look and feel your best. and that's why more men choose just for men®. 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>> well, that was sort of novel here. they didn't great the stay but they created effectively or constructively a stay by setting it for argument. trump has gotten what he has wanted. and that this is not going to be heard until the end of april. and then all bets are off when they might issue a decision. they could issue it before june. but, there's obviously some justices here who have a lot of -- to talk about on this issue. >> bret: yeah. okay. let's talk about the political stories of the day. brit, senator mitch mcconnell announcing he is, you know, going to november, but he will step down as leader, minority leader now. they are hoping, republicans are, to be majority leader position. >> brit: bret, i don't go back to the days of lyndon johnson but i have been covering this stuff in washington for a long time. and mitch mcconnell, i think, was much the most effective and consequential floor leader that i have ever seen in the senate, at least, and perhaps in the whole congress. if you look at the shape of today's supreme court, you can -- mitch mcconnell's handprints are all over it. you know, he refused to consider the nomination of merrick garland to the court and, instead, we added up with ---ended up with the republican president then being able to nominate the first one and then three justices. mcconnell helped to shepherd them through the senate. wasn't always easy. he did. he always helped donald trump shepherd his tax cuts and his regulatory reforms through congress. they have had enormous effect on the economy. i think most people believe or many people believe, certainly. buff he has had a step in the way of what his party is becoming. it is donald trump's party these days. mcconnell always thought there were obvious limits on what you could do when you were in the minority, particularly when you control one house of the congress and not the other house and not the white house. there are members of his party now who are all kinds of things about what can you do in the current circumstance. he didn't agree with them. and there was real conflict there. >> bret: yeah. and now you have, you know, possibly john barrasso, john cornyn, john thune may be in line to fight over leadership there. one last thing, jonathan, hunter biden on the hill. this impeachment inquiry. where it is in the wake of this fbi informant that has now been charged or being charged. thoughts about where this stands? >> well, it's an interesting profile. first of all, the democrats came out with only after an hour and said this is completely vacuous. there is nothing to see here which left many of us chuckling that maybe you could wait for the answers before you reach that conclusion not a good thing for the democrats for the republicans who said we are game for a public hearing and this is a good idea. fox said a few democratic members said we might not be so thrilled about a public hearing. they may be minimizing the risk. but what was impressive, brett, is that he gave this full testimony. this was a very high risk maneuver, most defense counsels would have said take the fifth. but, he and lo lowell went throh this process and we will have to see if he tripped any wires. >> bret: yeah. now moving to public hearings, brit. we have been through these before. once it gets there, you never know what is going to happen. >> brit: that's right. of course we heard all kinds of public hearings we thought were going to be gang busters and all sorts of stuff was going to come out and all sorts of fireworks. far too many times they end up being not quite so exciting. i have got to tell you i will be watching when this happens. >> bret: jonathan, brit as always. thank you. up next, multiple wildfires burn through parts of texas. amazing footage. the latest on the efforts to try to contain the flames there. ♪ ♪ relvy is another option, it quickly eliminates migraine pain. do not take with strong cyp3a4 inhibitors. allergic reactions to ubrelvy can happen. most common side effects were nausea and sleepiness. ask about ubrelvy. this is patrick's look of pure bliss. and this is his john deere 3 series tractor. it easily connects to every tool he needs, to clear the way, ♪ lift heavy loads, ♪ and as he puts it, add the strength of 10 extra people to his family's land. ♪ every 3 series tractor built to deliver confidence. you just have to get in the seat. learn more at johndeere.com/getintheseat there are some things that work better together. like your workplace benefits and retirement savings. voya provides tools that help you make the right investment and benefit choices. so you can reach today's financial goals. and look forward to a more confident future. voya, well planned, well invested, well protected. dangerous ladders. gutter muck. yuck. no wonder you hate cleaning your gutters. good thing there's leaffilter. our patented filter technology keeps leaves and debris out of your gutters forever. guaranteed. call 833- leaffilter to get started. and get the permanent gutter solution that ends clogs for good. they took the time to answer all of our questions. they really put us at ease. end clogged gutters for good. call 833.leaf.filter, or visit leaffilter.com today. what did we do before viasat satellite internet? well... we borrowed. yes!...we borrowed. we borrowed the internet. we'd borrow from the library, the local coffee shop, our friends down the road. i think i got a strong signal here. but that was before viasat came out with all their new plans. yup. lots of internet now. plenty for everyone. no more borrowing. more data. faster speeds. available where you live. learn more about our plans at viasat.com. ♪ >> bret: the federal aviation administration is giving boeing 90 days to come up with a plan to fix quality problems and meet safety standards for building new planes. the directive follows meetings with top boeing officials. the faa is finishing audit at assembly lines factory near seattle. a door panel blew off alaska airlines jet last month after bolts to keep it in place were missing. stocks were down today as traders await inflation data. the dow lost 23. the s&p 500 was off 8. the nasdaq dropped 88. ♪ ♪ >> bret: parts of texas are on fire tonight. multiple blazes burning through some parts of the state. the largest only 3 percent contained so far. senior correspondent casey stegall shows us tonight from dallas. >> well, our house is still standing. >> but that man's neighbors were not so lucky. the pictures are heart-breaking. this is just one of many homes in the texas panhandle that have gone up in flames. >> i don't think a lot of the folks that live in the fritch area are probably going to be prepared for what they are going to sees a they pull into town. some homes were completely lost. some honestly are still standing and just fine. >> small communities with only a few thousand people are bearing the brunt of massive wildfires that have spread over several counties and 500 miles. >> we don't know exactly what caused those fires but basically as soon as they got started they took off. >> nighttime images shot from a plane look apocalyptic. the largest of the fires now more than a half million acres is the state's second largest ever. >> it's bad. look how quick it's spreading. >> view from the ground is no less terrifying. >> it's still emotional. this is our life. we have been here for 50 years. it's pretty tough. >> incredibly, there are no reports yet of deaths or serious injuries. the damage to buildings, ranches and livestock is still being tallied. now towns are just trying to get the basics. >> main priority is to get power back on because, with power, then we can get water. then we have at least our basic functioning, utilities. >> according to officials, some 7,000 people are without electricity at this hour. a number that quite frankly has fluctuated all day. meantime the white house says fema and the u.s. forest industry service are helping contribute resources. bret? >> casey stegall live in dallas. casey, thank you. the biden administration condemning a series of executions by the taliban in afghanistan. meanwhile, the president's secretary of state is in the rhetorical crosshairs of g.o.p. lawmakers on the issue of transparency. correspondent gillian turner is at the state department tonight. >> secretary of state antony blinkenen is facing new contempt warnings from congressional republicans accusing him of obstruction. they say he has failed to provide documents related to the chaotic withdrawal of troops from afghanistan in august 2021 that resulted in the death of 1 u.s. service members. >> for more than sixth months we have every week provided hundreds of pieces of -- hundreds of documents and information from the aar files. we sent our most recent transmission to the committee just this past friday. >> on the ground in post war afghanistan, the taliban has fallen back on its old ways, stoning and flogging civilians and now this. thousands of people flocked to an afghanistan stadium monday to view the taliban's third public execution in five days. no sar mohammed an afghan man convicted of murder took five rounds of rifle fire from the brother of his alleged victim. >> nobody sign of the brutality that the afghan shows to its own people. >> even the u.n. is now alarmed. >> public execution and corporal punishment of forms of cruel, inhumane degrading treatment or punishment. and prohibited under international human rights law. >> secretary blinken yesterday avoided commenting on taliban executions but said. this they continue to limit the movement of women and girls outside their homes and% execute those who speak up or speak out. >> it's not clear what the biden administration plans to do. the u.s. gave up the leverage it had the moment it evacuated its forces two and a half years ago. bret? >> bret: gillian turner at the state department. thank you. up next the panel on today's legal rulings involving former president trump and senator mitch mcconnell with a big announcement today. first, beyond our borders tonight, the widow of deceased russian opposition leader alexei navalny says she fears her late husband's funeral will not take place peacefully. she says police may arrest those who attend. the service is scheduled for friday in moscow. navalny died earlier this month in an artic penal colony. this is a live look at london. one of the big stories there tonight, a london judge rules prince harry was not improperly stripped of his publicly funded security detail during visits to britain after he gave up his status as a working member of the royal family. the duke of sussex claimed he and his family were endangered when visiting the u.k. because of hostility toward him and his wife on social media and relentless hounding by news media. just some of the other stories beyond our borders tonight, we'll be right back ♪ your happy home ♪ when you woke up, baby ♪ your life had come and gone ♪ now you're mystified this year, i got serious about my taxes. ♪ count on me, mia. i'll file your taxes for you with 100% accuracy, guaranteed. i'm too tired to smile. make your moves count. intuit turbotax. let a full-service expert do your taxes for you, as soon as today. 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same reasoning to bring this case up there. >> bret: well, it is happening. the supreme court is going to take the narrow question about immunity and effect the timeline. the hill writes it this way the supreme court agrees to weigh immunity. justice's order keeps trump's january 6th criminal trial proceedings on hold for now, handing an initial blow to special counsel jack smith but keeping alive a pathway for his prosecution to reach a jury before the 2024 presidential election bill deal bring in our panel on a busy news day juan williams. mollie hemingway editor and chief at "the federalist" and syndicated radio host hugh houthi. you know, with all of these legal proceedings, hugh, it is -- it's kind of a race against time to see what is going to happen before november. and that, i think, is the biggest thing about this announcement today from the supreme court. >> i think you are right, bret. i think professor turley was exactly right. i would look for a decision on this, which is a case of first impression of extraordinary importance. it will effect presidents on down through the century. i wouldn't expect a quick decision. i would think the end of the term, last day of june, first week of july. because they have to balance this very, very carefully with future presidents in mind that given i don't see either of the federal cases that in florida and d.c. in moving forward. i don't think the atlanta case is moving at all it's falling apart because of fani's testimony and perjury that seems to be apparent there. the manhattan one is the flimsiest case that might even actually help donald trump if it goes to trial. i think the supreme court ruling was expected i'm glad they decided to review it we need guidance on this question from the supremes. >> bret: mollie? >> this does delay things for jack smith that is a problem for him. his whole strategy has been to secure a quick conviction in front of a partisan jury ahead of the election. because of the supreme court taking up this issue, which is very important that, will delay things, even if they do decide that jack smith may proceed with the trial. shannon bream also raised a good point which is that the court is also hearing about another issue that effects two of the counts, jack smith has lodged against president trump which is whether whether you can use arcane oxley financial crimes to put january 6th protesters in prison. that is also going to be decided this term and that could also effect the case that is going to be continuing against president trump. >> bret: bill legal moving politically juan. mitch mcconnell stepping down. a.p. says senate republican leader is going to be in november after a records run in the job decision powerful ideological transition underway in the republican party from ronald reagan's brand traditional conservatism and strong international alliances in to the fiery and often isolationist populism of former president donald trump here is the senate minority leader today. >> when i got here i was just happy anybody remembered my name president reagan called me mitch o'donnell. close enough. i'm no longer the young man sitting in the back hoping colleagues would remember my name. it's time for the next generation of leadership there's his picture from the first time in the senate 1958 to today. senator mcconnell announcing the end of november end of the game. >> clear cut picture for donald trump. in terms the hard nosed politics going into this in election year for the senate, i think it gets harder for the republican senate committee to raise money without a strong leader like mitch mcconnell. he is very successful fundraiser. now he is going to be a lame duck in a role. but i think it's also, as i said, a victory for trump in the sense that there is no room for mitch mcconnell in this iteration ever the republican party. essentially, you know, this is the trump party. and right now we know that there had been negotiations ongoing between mcconnell and trump's camps for possible endorsement of trump by mitch mcconnell given that trump looks to be clearly on his way to win the republican nomination. i don't know if he feels any compunction to endorse trump. he may now feel like is he not going to suffer any consequences if he doesn't jump on board the trump bandwagon. >> bret: hugh, i will say that john thune is a big fundraiser and john cornyn, john barrasso, all three johns are up for possible getting the senate leadership role depending majority or minority. the other thing is, you know, mitch mcconnell is 82. and he is acknowledging that he is old. he said in his speech. he said, you know, my time has come. and, yet. >> he said father time is undefeated. father time is undefeated. he is right thing that needs to be emphasized here and now. most effective republican leader in my lifetime. without michigan mitch mcconnell come out the day after the untimely death of scalia. no votes on nominee. we would have lost the supreme court. mitch mcconnell saved the constitution in my view. las vegas the guy who has been fighting for the first amendment since mcconnell fec in 1992. is he a wonderful, wonderful leader. >> bret: yeah. my point in mentioning that, mollie father time is undefeated and we have a lot of leaders who are on the older side of father time's clock. >> we do and mitch mcconnell is certainly in there as well. is he beloved by washington, d.c. by people in both parties. but he is actually the least popular politician in america. he is under water by something like 40 points with americans outside of washington, d.c. that's more than twice what kamala harris and joe biden are yesterday is a good example why. hugh is absolutely right. he has had some great expenses on free speech and judges. but, yesterday, when they had the meeting with the big four members in the house and the senate, it was reported that mitch mcconnell told speaker johnson to stop talking about the border and to focus on ukraine funding. and this is an important policy priority for mitch mcconnell and a lot of people in d.c. but americans actually think that the border is far more important and they are very frustrated that the people that they want to be their leaders in washington such as mitch mcconnell so silent on that or the lawfare against president trump. he hasn't been a good spokesperson for republican voters and that's caused a lot of frustration. >> juan: i want to jump in and say. >> bret: yeah, real quick. >> juan: what he did by holding that u.s. supreme court seat open also, i think, very much helped donald trump win in 2016. >> bret: all right. up next, the panel on hunter biden's capitol hill appearance plus his father's border policies as president and former president head to the border tomorrow. as we go to break comedian and actor richard lewis. he rose to fame for nerose cease frantic consciousness while dressed in black. acclaimed for curb your enthusiasm series: publicist 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(sigh) (snoring) if you struggle with cpap... you should check out inspire. honey? inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com >> i can actually see the parts of the border where it is actually really bad. >> i think you're missing the point. the point is the president actually did the work to get a bipartisan bill done. that deals with an issue that the majority of americans care about. he did. it dealt with border security challenges. he actually did that. republicans got in the way. >> bret: okay. well there are some trips to the border. former president trump and president biden going to the border tomorrow. the former president will go to eagle pass, which saw 558 migrant apprehensions on monday. president biden will travel to brownsville, which had 12. we're back with the panel. hugh, thoughts on this trip and what is going to come out of it? >> immigration is the most important issue in this election, bret. and i will tell you that there is no way that joe biden can hide the fact that between 8 and 9 million illegal immigrants came across the border under his watch. that number may be 10 million by the fall. he shut down the wall. he reversed every trump policy. so i don't care if he goes to the border every day between now and november, he will not be ahead of donald trump with voters who care about illegal immigration and every single act of violence perpetrated by an illegal immigrant between now and then expected to be a headline, it is joe biden's achilles heel along with his age. >> bret: it is a headline. look at the recent headlines that we have seen just in the past few days about these heinous crimes allegedly at the hands of illegal immigrants. griff jenkins caught up with the border patrol chief jason owens asked about this. take a listen. >> no law enforcement officer wants to see something like this happen to our communities. >> we need to have an immigration system that works. we need to have the ability to deliver consequences to people that ignore our laws. >> are we seeing a rise in criminal migrants and why so many? >> it is not just about migrants coming to flee bad conditions or coming to look for a better way of life. we have these individuals that are crossing as well. and among the groups that are giving themselves up, we're finding them. just imagine the got-aways and the people that we're not seeing. >> bret: mollie? >> yeah. this is becoming a major issue nationwide as, you know, crime in general is a problem and some of these horrendous crimes. what is really strike something sort of the callousness with which a lot of elected officials have been handling this issue that is of such import to americans. they are not tackling this issue like they should. they have been willful in their opening up of the borders. and then when people are upset, they kind of poo poo it. i think it will continue to be a major issue. >> bret: all right. juan, i got 20 seconds. biden's physical finds him healthy, active and robust says the white house doctor no cognitive test? >> juan: what for at this point. american people see biden. he says watch me. let them make the judgment. i think we will have a big stage for state of the union. if he has any glitch there, boy, you can imagine republicans and his critics will be all over it. >> bret: you bet. panel, thanks so much. tomorrow on "special report," we will take you to the southern border and those dueling trips. we'll have former president trump, president biden and we got it covered. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and still unafraid. we managed to pack a lot in this show. the ingram angle starts right now. ♪ ♪ is. >> laura: good evening, everyone, i'm la