committee wrapping testimony from special counsel robert hur. republicans focused on the special counsel's finding that president biden "willfully retained classified materials." democrats insisting that because president biden was not charged in this case that that means he was exonerated. watch. >> the hur report represents the complete and total exoneration of president biden. >> is it now okay if i take home top secret documents, store them in my garage and read portions of them to friends or associates? >> you used your report to trash and smear president biden. >> a forgetful old man that mr. hur said did not remember when he was vice president. >> who wins with this ludicrous spectacle? putin wins, xi wins. the tyrants of the world win. they have one more reason to celebrate donald trump and his cult followers. >> we have a former vice president that will not suffer any consequences for all of these actions. >> all right. we'll unravel that. chip roy who sits on the judiciary committee. congressman roy, good to have you with us today. you just walked out of the room moments ago. why did you decide not to ask questions in this hearing and what was your take-away? >> well, first of all, great to be on. yeah, i asked questions. simultaneously we're working on tik tok and we had a classified briefing on to which the chinese party is targeting american citizens. jim jordan had it under control. i agreed a little bit when andy mccarthy talked about before this hour about what we saw here. we saw the former president of the united states getting targeted by doj. the double standard that we see. i'm not known to be an apologist for the former president. clearly being targeted. when you have the sitting president, president biden, he's trying to say at the same time that he knew -- we knew that he knew there was classified information. he used it for his book and all that. he's specific about it. he comes back around and says i don't know, i don't remember. now you have the prosecutor saying we're going to let this guy go because he's an elderly man with a lost memory. that same guy was sitting there acknowledging that he had willfully used the classified information and we have a recording where he's working with the book writer, the ghostwriter. the american people saw through all of that right here that the sitting president is essentially getting a pass for having broken the law knowingly. >> martha: so in this document, now president biden, worth reiterating that he was not and had not been president at the time that all of this was happening and different rules apply to presidents with regards to classified documents because they can declassified things that will be another case in former trump's situation. biden told the ghost writer with regard to the documents, just found all the classified stuff downstairs. he's telling the person working on the book with him. he says the staff doesn't know that i still have all of the notebooks that i had. he viewed all of this as highly private material, valuable material to him, that he did not want to let go. he said it was my property and i have the right to hold this. isn't that willful retention and, you know, what is the message to future presidents and current presidents if this isn't willful retention? >> to be very quick here, you just mentioned it. there were documents in the garage, documents in the den, at the university of delaware, there's documents everywhere. the president knew this. it was -- he was knowingly having this information available to -- this is a guy that served for 50 years, senate, foreign relations. the vice president of the united states. he knew what the rules were. he ignored it and did it for his own personal gain, the $8 million book advance. that's what happened. we saw it in full display today. >> martha: congressman chip roy, it's been a busy day for all of you. i hope we can get to tik tok story later this week. >> thanks. >> martha: let's bring in trey gowdy. former chair of the house oversight committee and host of "sunday night in america". thanks. good to have you here, trey. what was your take-away from this? what are the american people -- when you talk about this sunday night, what are you going to impart about how people should perceive all of this? >> well, i woke up this morning not really sure what rob hur was basing his decision on. here are your three options. that joe biden is incompetent to stand trial. you have incompetency. the second option is we lack evidence on one of the essential elements of the defense. the third option is, he's competent. we have plenty of evidence. we don't think we can win in front of a jury? that's what i heard today. what i heard today, the distinctions between what former president trump did and current president biden did are dimininous. how trump handled this is a didn't issue. in terms of willful intension, tweet them the same. my position has not changed. doj is not treating them the same. >> martha: but it's not the same, is it? because one is a former vice president and senator. there are different rules that apply in terms of the inability to declassify anything. and a former president of the united states at the time that he brought the documents. that case is in front of us. doesn't that make a big difference? why wasn't that focussed on more today? >> it could if there is evidence that trump in fact did declassified those documents and he had the power to do so and he did so in a timely way. that would be further evidence that he should not be prosecuted. i think what rob hur was saying and, you know, you got to pick. either you're incompetent because your memory is so bad and you can't even stand trial, so you certainly shouldn't be the president of the united states or what i heard rob hur saying is this would be a tough trial. all trials, any time you're trying to convince 12 people of anything, including which direction the sun rises is very difficult this day and age. getting 12 people to agree on anything beyond a reasonable doubt is tough. what i heard today is we just thought -- think back to ken buck's questioning. ken buck, you can tell his a former federal prosecutor. where exactly was the willfulness missing? i didn't hear a very good answer from rob hur. >> martha: all right. let's talk -- you know, agreed. when you listen to this and break it down, it comes down to this is a well-meaning elderly man with memory problems. that's the way he felt the jury would perceive this. that is an electoral question for americans about whether or not they want that in the next president, including the current president. this is democrats invoking trump comparisons today. you know what? we're going to listen to jim jordan who is responding now. let's listen live. >> underscoring the double standard that the american people exist in the justice department. >> can you talk about how this relates to the former president's investigation? >> there he goes. that was it. this is a few of the democrats invoking trump comparisons today. obviously, as i said, that case is still in front of us. let's watch. >> given that this report is so damning in the contrast between biden and trump, it is hard for me to see why our colleagues think that this hearing advances their flailing and embarrassing quest to impeach the president of the united states. >> president biden has the mental acutie to navigate the situation. donald trump did not. >> your response to that. >> it is not damning at all on the underlying crime. in fact, if i were a prosecutor, i'd rather have the facts in joe biden's case. multiple locations over an extended period of time and denials with consciousness of guilt. the obstruction, you know, jamie raskin and i can debate that some other time. the underlying facts of the willful retention, if i were a prosecutor, i'd rather have the facts against joe biden than the ones against donald trump. thanks, trey gowdy. thanks for joining us. >> yes, ma'am. >> martha: the white house comes out swinging on this in response to former counsel hur's testimony. claiming republicans are spinning his findings for political game. marc thiessen and juan williams weigh-in next. >> woman: why did we choose safelite? 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>> that conclusion is not reflected in my report, sir. >> you exonerated him. >> i did not exonerate him. that is not in the report. >> the white house counsel's office tweeted in america, you're innocent until proven guilty. the ultimate conclusion they're is that charges are not warranted and the case is closed. in other words, the president was cleared. they added the definition of the word exonerated in a snapshot of that tweet. these live fact checks have been going on all day. the white house previewed the transcript with several media outlets to counter hur's description of biden's memory. they tweeted these excepts, "washington post," biden doesn't come across as absent minded as hur has made him out to be. a.p.: the first transcript can raise questions about the depick spun of the 81-year-old's president having limitations on his memory. the special counsel said there was willful intent and how biden's state of mind would have factored into that. the white house has been going after hur himself. we're expecting to hear from a spokesman from the counsel's office shortly on camera, martha. >> okay. jacqui, thanks very much. with that, we bring in marc thiessen, fox news contributor and juan williams, senior political analyst. great to have you with us today. marc, you go back to the original leak from this report that robert hur felt there would be complications when it came from a jury. they would likely see the president as a well-meaning elderly man with a poor memory. contract that with what we learned today and what do you make of these report from some media that he appears stronger than we might have thought in this report? what do you say? >> first of all, that's the only reason he wasn't prosecuted. there's clear evidence in there about of willful retention and sharing of classified information that he knew he had classified information he wasn't supposed to have and shared it with people that weren't authorized to see it. his only reason for not prosecuting him because he couldn't convince a jury it will willful that they would see an old man that had memory problems. that they wouldn't determine it was willful. i don't understand how you can prosecute donald trump for the same crime because he's not cognitively impaired but not prosecute joe biden because he is. there's a separation there. trump's alleged, you know, interference with the investigation. that's a separate thing. the underlying crime is willful retention and sharing of classified information. biden did it. he just couldn't convince a jury so why is trump being prosecuted for the same thing. >> martha: juan, do you agree what we learned today is there was willful retention when the current president told his ghostwriter i just found all of this classified stuff downstairs and he also said that he turned over note cards, but they, his staff, they still don't know that i still have the notebooks, which are government property that belongs in a presidential library. >> i think a lot of that was notes that were handwritten by then the former president -- >> martha: which is also property of the white house. >> still classified. >> i was going to say, you're right, but it's a matter here to me of a huge difference. we have a republican prosecutor in hur who made a decision not to indict this president. he said he didn't think that there was a case here. yet you have people saying oh, well, what about this? look, hur says there's no interference by the department of justice. he's been very clear on that. he made this decision. and it seems to me it was his call. you know, that's the extent of his job. indict or not indict. not to offer opinions on president biden's memory. as you noted at the start of this segment, various news organizations that have read complete -- read the transcript, the associated press, "the new york times," "wall street journal" say there's a matter of nuance but you say look at biden, he's an incompetent old man. that doesn't hold up on the reading of the transcript. basically what you see are verbal slips. but there's no egregious memory lapse. that's important that we all republican and democrat acknowledge that joe biden with the state of the union and now today, he's on a run. >> martha: he ought to be able to -- if that's the case, he ought to be able to convince a jury that he did nothing wrong. we were told by robert hur that the reason that he wouldn't win in a jury environment was because he would be seen as an elderly man with a poor memory. >> that's where he went over the line. that's where hur went over the line. >> no, he didn't. that's the rationale for not prosecuting him. >> martha: that's the rationale. so both of these things cannot necessarily be simultaneously true. what is the impact, mark, on the trump case from all of these findings? >> i don't know what the impact on the trump case in the court of law. in the court of public opinion, it strengthens his argument that there's a double standard in our justice system. donald trump is being prosecuted for the same crime that joe biden is not being prosecuted for because biden is cognitively impaired and trump is not. that's what happened here. the question of obstruction is separate. just because someone he cooperated with, a case, doesn't absolve them of the underlying crime. if someone commit as murder and tells them where the bodies are buried, it doesn't absolve them of the murder. could be an additional crime that they obstructed. how do you prosecute one president and in the case of trump, he was the president of the united states. he had declassification authority. joe biden, these were held when he were in the senate. he took them out of a scif and stepped over them. he doesn't get prosecuted because he does haven't the mental capacity to stand trial but donald trump does? it's a huge -- it strengthens trump politically and his case in the court of public opinion. that's why people won't care if he gets convicted of this. >> martha: it's a sad state of affairs when there's so much -- there's so much discretion on what you can take and when. you know, for most people, if they did anything close to this in their own lives, whether it's in their company or in -- they would never get away with this. this adds to people's mistrust that if you are in this position, you can do whatever the heck you want. >> that's wrong. we shouldn't allow it. i think people are in jail for far less. >> martha: that's right. >> i will say, this i disagree with marc here strongly. in the case of donald trump, donald trump concealed documents and then obstructed efforts to regain them. he was asked just send them back. he didn't. joe biden did -- >> that's a separate crime, juan. >> martha: that's a different part of the equation which we'll hear about. >> then he didn't cooperate. >> that doesn't absolve him. >> that is still to play out. there's a difference between a president and someone that was vice president and a senator in terms of what rights that they have with these documents. so it's a huge difference in these cases, which seems to be getting lost. juan and mark, thanks. great to have you here. >> thank you. >> martha: we're going to have an opportunity in a few minutes to speak with trump's campaign senior adviser, jason miller, about all of this. and that is coming up shortly. also breaking today, this is a big story as well. so much happening on capitol hill. brand new warnings from the heads of our intelligence community. details the threats that the united states is facing from terrorism and a porous dangerous open border. >> have individuals on the known terrorist list suspected terrorist list or the no fly list presented them at u.s. airports once entering the united states attempting to fly? 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what are they here to do? this is a huge question. very important to our national security. brian kilmeade joins us now, host of "fox and friends" and host of one nation. great to have you with us today. not only that that was just said there, which is a lot to handle, in the tease before the break, christopher wray was asked has people on the terror list attempting to fly? he said i believe the answer to that is yes. >> i watched yesterday's senate hearing, watched most of the hearings today. it's the same thing. you have avril haynes, who is there, the cia director director, williams burns and brett holmgren. together they have identified the main problems. most of them are coming through the southern board. they talk about the ukraine, what is going on in israel and how it's weaponized people here. they say they're supplying them weapons. they say our hair is on fire. i can't emphasize this now how problematic it is. then you have some cases most cases nonpartisan, wu senator kelly yesterday and you watch congr congr congr congressman himes saying if you would have passed the legislation it would have solved the problem. so in a way, both have agreed not to do anything. president biden said no executive orders even though hes he can do this. keep your eye on a brian fitzp fitzpatrick. he would not give money but have remain in mexico, get some money to ukraine. >> martha: seems as though there ought to be a practical national security measure that could be implemented on the advice of these individuals in terms of ramping up who is at the border to check who is coming in, right? >> they had dna kits. >> martha: yes. you understand that you have terrorists crossing the border and you have two people running for president that say i'm not going to deal with it right now. i mean, trump is limited. he's not the president right now. you know, in terms of what can be done. i can't help but feel this is like a 9-11 moment and we're going to say yeah, remember when they sat at the table and said something was coming? >> it will be the most preventible attack on american soil ever. the one thing i would qualify and very hard for anyone to disagree, i believe president trump would be focused on this at the border. he was firing people, rotating people through, changing people to acting director, getting rid of them until they shut it down before he left. now he's saying this guy screwed it up. i'll fix it. if we can last that long. >> martha: it's unbelievable that the current president will not take measures to do executive orders when he's told by the border officials that it could decrease the number of people crossing by 70%. >> martha: right. >> 70%. he's been there twice and can't do it. he's been there twice in 40 years. that's the little interest he has. >> martha: a lot of hell to pay if these people are right about what's coming our way. thanks, brian. see you tomorrow. as prices tick back up, we saw a big number this morning. we'll take a look back at what things used to cost when president biden entered office with brian brenberg, who has impressive line-up of data for you to think over when we come back. uggle with cpap... you should check out inspire. no mask. no hose. just sleep. inspire. learn more and view important safety information at inspiresleep.com from pep in their step to shine in their coats, when people switch their dog's food to the farmer's dog, the effects can seem like magic. but there's no magic involved. 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>> i don't want to be jerome powell with these numbers. they're not good enough to change direction in terms of policy. so if you looked at what he said, he said we've got some work to do. these numbers have to come down. the problem with inflation, martha, is it spiked way up to nine, come back down to 3 or 4 range and it sitting there. if it sits there like that, we're still two times where we should be. if we're at that level, you can't cut rates yet. that's what the politicians want. powell doesn't have an economic reason to do it so if we start to see rate cuts mid year and we still have numbers like this, it start to looks like politics to me, not economics. >> martha: one of the issues that we keep hearing about programs, we heard about them in the state of the union, to give people more money. to relieve student debt. more proms that give people money. so that doesn't help the inflation picture. >> not at all. >> that's why we're stalling out at this high level. the fed -- >> martha: yeah, throwing money at everybody. >> i think if you got inside powell's mind, i've done almost everything i can as the monetary guy. but i can't do anything if the government keeps spending. stop it. >> martha: it keeps flowing and he's trying to back it up. take us through the charts and show us woosher with at. >> biden said i inherited a crisis and i have given you progress. we looked at the data from when he came in to office. you won't like it. start with housing. housing costs are up 20%. if you're trying to rent the place -- this is a proxy for buying to up 20% since he took office. go to energy. you have to power your home. you have to power your car. energy costs up 35% since he took office until now. let me go to autos. we're talking about evs. cost of a new car, up 19% since he took office. it's worse when you get the cars. the cost of repairing up 28%. and the cost to insure it independence biden has gone up 45%. so when his polls look bad and he can't get traction with voters, they're feeling these numbers. that's how big they have gotten. >> martha: he tells them how great everything is going and not how they feel about things. >> exactly. >> brian, get to see you. thanks for coming by. so donald trump could clinch the republican nomination for the presidency for his party and that could happen tonight. we call this super tuesday 2. the former president calling out the doj for gifting biden -- for giving biden a free pass as his fight in the classified documents case continues. jason miller on a huge day for the campaign coming up next. want to save money and get cash? for veteran homeowners, it's easy as 1-2-3. one: call newday and apply. two: take out an average of $70,000. three: pay off your credit cards >> martha: so it's a big day for the 2024 election. president biden and president trump can lock up their nominations officially tonight. that would set up the very much expected 2020 rematch. here's a look at where they stand. president biden needs 96 dell guilts, former president trump needs 97. a lot of numbers are up for grabs. both of them can get over the barrier tonight. the former president is weighing in on today's testimony from robert hur. he decided not to prosecute president biden for the handling of classified documents. he rejecting democrats claims that he exonerated president biden. watch this. >> so this lengthy expensive and independent investigation resulted in a complete exoneration of president joe biden. >> i need to go back and make sure i take note of the word that you used, exoneration. >> i'm going to continue. you exonerated him. >> i did not exonerate him. it does not appear in the report. >> martha: with that we bring in trump campaign senior adviser, jason miller. good to have you with us today. your thoughts on that exchange there and what you saw in there today. >> well, what we saw is the fact that joe biden is very much clearly has been lying. he said he didn't give classified information to his ghostwriter. they found classified information at the biden penn center, they found it at the university of delaware, in his basement, in his garage next to the corvette. and in particular, i think this really cuts against joe biden's credibility. he stood on that debate stage and said he knew nothing about hunter's business dealings. now he lied about having the classified information. but very much he gave it over to his ghostwriter. i would like to see his ghostwriter brought in. biden is not out of the woods yet on this. >> martha: he told the ghostwriter i found the classified stuff downstairs. i don't know how much more clear it would be. it would be good to hear from this ghostwriter. hur said in the document he didn't see the need to prosecute him. the ghostwriter tried to destroy some of the evidence when he heard that a special counsel had been appointed in this case. would be great to hear something from him. here's a little bit more of what we heard today. a lot of political tone if there. this is jamie raskin when he has his opportunity to speak. listen. >> so who wins this ludicrous embarrassing spectacle. putin wins, xi wins, the tyrants of the world win. they have one more reason to celebrate donald trump and his cult followers who have completely lost their way. they're looking for high crimes and misdemeanors. now they bring in amateur memory specialists. >> martha: how you unravel that, jason? >> the only play the democrats could run. they have joe biden as their candidate. one thing i want to say, a lot of the conservatives today are pointing to biden being called out for lying. pointing to hur saying he did not exonerate joe biden. i think the bigger concern here is the two tiered system of justice. the fact that the doj took one approach to president trump when he had the presidential records act and completely free to do what he did. joe biden did not have that. in fact, he was called out for five decades, 50 years of taking information from a scif from the senate. two completely different standards with how president trump and joe biden are treated. this raises a lot of concerns for voters as we head in to the fall and how do we protect democracy when we have a candidate like joe biden and the doj surrounding him that has taken a different approach to two different candidates. >> martha: we made that point a few times here today when we talk about this on the show. that president trump was president when he brought those documents to his home after he was president. that is a case that is continuing to take its course. we'll see what happens there. but a vice president does not have the right to remove his personal documents. certainly a senator doesn't. so it will be very interesting to see how that is handled. jonathan turley talked about the judge and how this will play out. he said it brings us back to the judge's pledge to not yield to the election cycle. the election cycle is expected to pull trump in to court at the height of a presidential campaign. what do you say to that and the indictments helped president trump in his candidacy. do you think that going through the court trials will also help him or will it hurt him? >> so far we've seen every one of these weaponized attacks from the justice system, regardless of which level, have caused the president's numbers to go up and up. while it's good politically, it's bad for the country. i feel bad for president trump and what they're trying to do to him. voters are smart. people think of people outside the beltway as maybe not catching on to what they're doing. people realize what's going on with joe biden and how they're trying to attack democracy. wait several years and bring this up in an election year? people know what's going on. >> martha: let me ask you this. the reports of housecleaning at the rnc. how do you respond to that and what is the goal of it? what is the effort? the senior adviser on the campaign is also involved in this at the rnc what is the goal? what do you want to see happen at the rnc? >> great question. i'm here at the rnc at the moment. so we have some good things happening here. what we needed to do is make sure that we're focused on turning out voters and making sure the only -- the legitimate votes count and make sure we get them taken care of. we have to make sure we're smart with the donor's money. if donors are concerned that there's a bureaucracy too bloated and some folks have lost their way, we need to make sure our resources are deployed to people in the field and not here in washington. >> martha: how important is it for former president trump to debate joe biden and do you think that will happen in the fall as it always has in the past? >> we'll see if it's even joe biden. president trump has made it clear he will debate joe biden any time, anyplace. in fact, you know what, martha? we'll do it before 9:00 p.m. while joe biden is still awake to make it easy for him. we can have any host. other networks, we will go anywhere any time to do it. i think joe biden will look for a convenient out because his people are afraid to put him in public. you saw what happened in friday in pennsylvania. he wasn't fully prepared off script saying he's running for congress. it's a bad look. >> martha: he has debated former president trump before. he felt he did well in that environment. he also just did a state of the union that all of his supporters say he knocked it out of the park. i think the reasons not to debate are disappearing quickly. we look forward to seeing that. we think the american people deserve to see that as well. jason, thank you very much. good to have you on. jason miller, senior adviser to president trump and the campaign. so coming up a busy day on capitol hill. you can say that again. right now is the u.s. keeping pace with countries like china when it comes to advancing hypersonic missiles? this is a huge, huge story. how ready are we for what china is building? when we come back. >> tech: cracked windshield? schedule with safelite, and we'll come to you to fix it. >> tech vo: this customer was enjoying her morning walk. we texted her when we were on our way. she could track us and see exactly when we'd arrive. >> woman: i have a few more minutes. let's go! >> tech vo: we came to her with service that fit her schedule. >> woman: you must be pascal. >> tech: nice to meet you. >> tech vo: we got right to work, with a replacement she could trust. >> tech: we're all set. >> woman: wow. that looks great. >> tech: schedule now at safelite.com. >> singers: ♪ safelite repair, safelite replace. ♪ >> martha: so this breaking just moments ago. puberty blockers will no longer be given to children under the age of 18 in the u.k. except in clinical research trials. that is the word from the national health service after an independent review. the doctor that led the review said there's not enough evidence against the long-term effects. the british government calling it a landmark decision in the best interests of children. so that's a big story. those clinics were very early on in london and england, i should say and widespread. now huge reflective moment on the part of the government there. back here right now, lawmakers are looking for answers after warnings that the u.s. is not keeping up to china when it comes to hypersonic weapons. missiles that can move faster than the speed of sound and dodge traditional defense systems. jennifer griffin reporting live from the pentagon. hi, jen. >> a house armed services subcommittee is holding a meeting on hypersonic capabilities. those weapons can move a mile per second and can evade traditional defenses. china and russia have more hypersonic weapons than the u.s. right now. they move through the atmosphere after an initial ballistic launch phase. beijing is developing cruise missiles that use air-breathing engines like scram jets to reach high speeds and maneuver according to defense news. the army's multibillion dollar dark eagle program is an effort to advance hypersonic capabilities. strato launch says they suc successfully completed the reusable system. the first time a hypersonic engine was made by ersa major. because it's reusable, this makes testing hypersonic weapons cheap ebber and faster. china and russia are feeling conventional long range weapons, president biden's fiscal 2025 budget requests 9.8 billion to deliver a mix of hypersonic and long range subson anything mess sills. this year's pentagon budget request is only a 1% increase from last year's as china's military is boosting its budget by 7.2%. martha? >> does not get enough attention. thanks, jennifer, from the pentagon. jennifer griffin. so that's "the story" for this tuesday, march 12. but as always, the "the story" goes on. we look forward to seeing you back here tomorrow at 2:00. looks like both candidates, president biden and former president trump will meet the marker to be their nominee. we'll see you tomorrow at 3:00. have a good evening. >> i did