the sitcom with that music but i move on. #:00 a.m. on the east coast. tuesday, june 4th, this is "fox & friends." years in the making. president biden is finally set to take executive action at the border he visited twice in his life. >> ainsley: and dr. fauci is grilled on capitol hill. >> that there was a push to down play the lab leak theory. >> not on my part. >> really? really? wow. >> steve: wow, really. and talk about a hero's welcome. american d-day veterans getting big cheers from children, school kids in normandy on the 80th anniversary of their liberation. >> lawrence: we love to see it. the greatest generation. the second hour of "fox & friends" starts right now and, remember, mornings are better with friends. ♪ >> brian: fox news alert. president biden expected to take executive action on the border crisis today. >> lawrence: unilateral move after years of inaction would allow him to partially set down the processing of migrants seeking asylum. >> ainsley: griff jenkins is live at the white house with the latest for us, griff? griff good morning. we have yet to see the text of this executive order. don't know what time it may be signed today but the associated press already reporting some of the expected details. take a look here. they say that it is expected to show that it would shut down the border once daily encounters hit 2500 and that it would only reopen once that number declined to 1500. also reportedly the president is using a section of the immigration and nationality act called 212 f to enact it. by the way the same authority trump used to ban some muslim countries. here's what it says, quote: whenever the president finds that the entry of any aliens or any class of aliens into the united states would be detrimental to the interest of the united states, he may, by proclamation and/or for such period as he shall deem necessary suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants or impose on the entry of aliens any restrictions he may deem appropriate. but it's unclear, guys, exactly what this would do to address the 1.6 million got-aways. the chief owens said he felt was the greatest threat to national security. listen. >> border security is a huge piece of our national security and border patrol is the primary agency in that endeavor. when i tell that you there are areas of the border that we don't have awareness as to what is happening. this is the type of threat that i'm concerned with. there are those that want to come into this country and do it harm. those are the individuals that keep me up at night. >> griff: this comes as fox's latest poll shows 64% of voters disapprove of biden's handling of the border. so we wait and find out what we get today. we're told there may be some border mayors in attendance. already a lot of questions arise. first, why now? after three years of claiming the border was secure, saying that there was no crisis. the president saying he had already done everything he could, now he takes action. the other question is how it will be implemented because when you talk about the 5500 to 6,000 daily encounters, that's what we are seeing right now. i see the daily report every day. if you cap it at 2500. what's going to happen with the 3,000 plus? are you going to send them back to mexico is mexico's new president just elected sunday willing to accept 21,000 a month? 21,000 a week, 93,000 a month? and then also how this would work because it isn't like you have a bar bouncer with a ticket counter stand telling border. the daily numbers are aggregated across nine sectors over a 24 hour period. a lot of questions here as we wait to see what we get. guys? >> brian: griff, we will always be a day behind at least at the best. we will never be an actual count. because, by the time you get the count on all the border crossings the day is done. right? >> griff: correct. this is incredibly complex thing you are talking about trying to implement, brian. again, if it were capping a number at a port of entry, which is not the case, these are illegal crossings between ports of entry, you could, perhaps, control it at a certain number. but, with thousands coming across, in each sector every day, it's impossible in real time to count that number and put a stop. guys? >> steve: griff, you said why now. we know why now because his numbers are under water. >> lawrence: and there is a presidential debate coming up. >> ainsley: and an election. >> steve: for like six months, the geniuses at the white house and the campaign said okay. just have the president blame republicans. oh, you had a chance to change the law. you didn't do it. that didn't work, obviously, a reasonable doubt doing to the poll you just showed, people blame biden. >> griff: well, we will see. you may be right, steve, i certainly would like to ask president biden that very question as to why now and, by the way, if he does indeed unveil this and sign it today, it will be met almost automatically from legal challenges the likes of the aclu and others. >> brian: i could just picture it, griff, is he going to be taking questions. going to look at his paper and go all right. first question, griff jenkins. do you have any problem with my border policy? i'm pretty sure that's going to happen. just be ready. >> griff: i'll be ready and i would like that opportunity. >> ainsley: are you going to border to announce these executive actions? and the answer will be no. thank you, griff. >> brian: will when we see griff in khaki we know he is going to be back in action. >> steve: griff just mentioned the incoming president claudia sheinbaum who was just elected in a landslide. >> brian: big climatologist. good luck with that. >> steve: joe biden called her on the phone yesterday and congratulated her. >> brian: nice of him. >> steve: sounds likes she is going to continue the same operations that obrador had. >> brian: support cartel? >> ainsley: you are right, lawrence, the debate is coming up. the election is coming up. he wants to be able to stand something on the debate stage and say i did do something about the border. >> lawrence: took me three and a half years to do it. they haven't been able to explain. and chad wolf brought this up in our interview with me and brian. that the number that they're talking about, that 4,000 number, that's only the people that are coming not at the port of entry. they are still going to allow those crossings to go through the port of entry. the second thing is, no one hasn't been able to explain how they're gonna stop the people from coming across the border. if the border patrol agents are still in processing center, being babysitters, who is going to stop all the illegal migrants cap at 4,000? do you think they will just turn back around? i know texasdps is standing there to guard the border. the biden administration don't want to work with the texas dps. who is going to stop the migrants from crossing after they cap that number? >> brian: bill melugin had a great tweet out. the authority the president is going to be using the same authority trump cited when he issued his muslim ban. the executive order was blocked by the district appellate federal court but ultimately upheld by the supreme court 5-4. if he uses this, for whatever reason is he about to announce. can you bet he will be sued by the aclu and immigration rights groups put everything on hold which means he gets to do his open border policy at the same time said i tried. >> lawrence: brian, why does he continue? and maybe can you answer this too, ainsley. why does he continue to pass policy that he knows it's going to be blocked anyway? he did the same thing with the student loans. i just want to symbolically do it. i know i'm going to be sued. i just want the people know i tried. >> steve: i can actually answer it. >> ainsley: you were not one of the -- >> brian: brian i passed ainsley. >> steve: never mind, i won't answer. >> ainsley: answer, answer. what's your answer? >> steve: no. the answer is because, you know, we have been talking about republican republican reaction and conservative reaction, close the border, make it tighter. keep in mind it's a political season and his progressive base says he needs to be more humane with the migrants. which now they're going to go -- they are going to be up in arms once he signs this eo. how can you do this. >> ainsley: on day one he closes the border. he stops building the wall. very good. stops building the wall. and remain in mexico out the window. and now here we are three and a half years into his presidency when we don't know who is here. that's what worries most of us. we don't know who has come in. who we don't know about. we know some numbers but we don't know the got-aways. >> lawrence: got-aways. >> ainsley: exactly. how many are out there. you wonder there have been talks will there be a terrorist attack? who is in our country and that's scary. >> brian: lawrence can i answer that. >> lawrence: yes. please. >> brian: couple things when the debate comes up and the president -- i think it's to the former president president's advantage to kill the mics. he will get his 90 seconds to answer on immigration. whatever he says it doesn't matter. president trump said you broke it. i fixed it. i will do better. i think he has got some time to say you reversed 67 separate orders. we did remain next in government we pressured the central american countries not do this. we told them build the wall we got 350 miles built and we have billions more ready to be done. you sold it on pennies on the dollar. i would use that time, jot down a few things. if you want to blow people away. the magnitude of what joe biden did to break the border leads everyone to the conclusion that he did it on purpose. don't just say it. show it. and those two minutes where the president will just pull back, a little bit different from his style. watch, listen, jot some things down and come back at him that's what i'm talking about in two weeks, right, two or three weeks away. >> steve: not too far away. >> ainsley: the 27th. >> steve: less than two hours from the opening statements in the hunter biden trial on federal gun charges. it's going to start today. >> brian: all right. rich edson live outside the federal courthouse in wilmington, delaware. rich? >> rich: good morning, guys. we have got hunter biden probably arriving here within the next hour or so for the first real full day of his federal gun trial after jury selection. opening statements scheduled for 9:00 in the morning. the prosecution will go first, then the defense. about 45 seconds each side is the expectation. they are address ago jury six men, six women. one who worked for the secret service. one whose father was killed by a gun. at least half themselves or have family members who own firearms. at least five have had friends or family affected by drugs. first lady jill biden spent the day yesterday with hunter in court. with his wife melissa cohen biden and his sister ashley biden were also there. president biden stayed away from the courthouse though said in a statement quote: jill and i love our son and we are so proud of the man is he today. hunter's resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us. a lot of family have loved ones who have overcome addiction and know what we mean. prosecutors have also signaled they may call hunter's ex-wife kathleen buel and hallie biden who is beau bidenens widow. unclear which witnesses the defense may call. the prosecution revealed last evening it would open its case by calling fbi special agent erika jensen to the witness stand. the gun charges carry a maximum sentence of 25 years and $750,000 fine. though, if convicted hunter would be a nonviolent first offender. this case is separate from the tax case. that's with his business dealings located in los angeles and won't start until september. back to you guys. >> steve: all right, mr. edson, thank you very much. so, if the special agent erika jensen is going to be the first witness, what is she going to talk about? well, apparently she is going to introduce evidence of hunter biden's text messages and also some of the excerpts from his memoir from a couple of years ago. and they are going to use those. the prosecution are. to prove that he broke the law. >> ainsley: and his ex-wife is going to be a witness, right? and so the mother of the baby navy london? >> steve: they could all be on the witness list. >> brian: at one point want to pull the plug on this whether is he guilty or innocent that's up to him. the other stuff that's going to come ow all i can say is people like to focus on donald trump's family. please tell me the last time eric, don jr., ivanka, tiffany or buye barron did anything bute that family proud. all they do is work, they don't drink, smoke or hang out with hookers. they work. sacrificed tremendously. i used to watch eric and don and go in and do the business hits. i never met them before. i said to the president i don't know how you raised your kids and work 70 hours a day and he gave credit to ivanna. very important to have family time. he always set out the rules. video right now on instagram of barron being like 6 years old walking into his office with a briefcase. and he says you know what to do. you don't smoke, you don't drink, you don't get tattoos and work hard and get straight a's and looks at his dad absolutely right. 6'7", said i did. he has about 12 colleges to choose from. >> lawrence: interesting point, brian. because, when you look at the hunter biden saga, it's clear that this guy was coddled. every single decision that he has made and looks like his dad has tried to bail him out down to the secret service agents still when he wasn't even under protection. going to go pick up the gun. him not taking care of the child navy. and, you know, i know people want to say hey, these may be personal issues. it's different when you use the full weight of the government to back your son. and i think that's the problem here. and i think there is a lot of americans that are looking at that sweetheart deal saying why does he get a deal like that? why was that even suggested and we don't get that back at home? >> ainsley: joe biden's famous line no one is above the law. we will see. now is he using that on the campaign trail to talk about donald trump being a convicted felon. he told donors that trump snapped after losing the 2020 election. and would be worse in november. he said, quote: this was in grin niche connecticut, yesterday, folks, the campaign entered unchartered territory last week. for the first time in american history a former president, that is a convicted tell loan, is now seeking the office of the presidency. this isn't the same trump who got elected in 2016. he he's worse. this is an indication that the president's team has decided to use the trump conviction to question his ability now for the white house. but, if you talk to republicans, many of them are saying -- and bill maher said this yesterday. he said a lot of people are quiet trump voters now because they saw what happened in court. and now they want to vote for him more but they might not be talking about it or telling you. >> brian: he also predicted trump is going to win. >> steve: he did. meanwhile, talk a little bit about what is on the op-ed pages of "the washington post" today. admiral mccraven actually has penned an op-ed. he talked about how his mother believed in american exceptionalism. not the power of the military or the strength of our economy but the values of america. and he took this time in america right now at this juncture after the conviction of former president. to talk to both sides. and that's what he did. >> lawrence: this is what he said, i have been a vocal critic of the former president. i took no joy in seeing him found guilty. he was the president of the united states, my president. whether i liked him or not, he had been elected by the people. the american people. your neighbors, your colleagues your friends and your family. if we're going to continue to be viewed as exceptional. then it is time for both sides to lay down the rhetorical arms and find a way to rise above. >> steve: right. he continued and he had something for the left and the right. he said for people on the left, stop the gloating, the ugly memes, the public rants, the late night roastings and the political i vitriol. on the right, respect the legal vert, support the jurors. fly your flag with honor and find a way to bridge the political divide. there are thoughtful, reasonable, genuinely good men and women on both sides. let them speak for america. >> ainsley: it reminds me -- who was it that said uh-oh oh, the shark tank guy kevin o'leary who said when he goes to other countries and talked to other countries doing his business deals they are looking to america saying what the heck is happening in america? what did you to donald trump, you know, joe biden, he is so old. and he said americans need to come together. we need to remember american character. because other countries are looking to us, and they can't believe this is happening. american exceptionalism looks a lot different now than it did then. >> brian: is he one of the finest measures, leader of the navy seals. bin laden raid. 40 years. almost lost his life when his parachute didn't open landed flat on his back. managed to survive. great person and fantastic historian, too. helped me out on a number of projects with "what made american great." a couple things is he glossing over, if you want to be critical of president trump, go ahead. just understand there was only one president that pulled out of afghanistan, the worst humiliation in our history and said no general gave me information that this could happen. that's a flat out lie. there was only one president that denied weapons to ukraine prior to russia welling troops on its border and that's the current president. only one president that did not give proper weaponry to ukraine to defend itself. it was actually two. barack obama gave them blankets after invasion and mres and this president didn't give them what they needed to defend themselves after four day prediction of a collapse of that country they finally got weapons and still walking them today. there is only one president abandon our chief ally in the middle east and israel and embolden our chief enemy that is this president. because he doesn't tweet or perhaps isn't so crass. look at his actions, not his words. and i think that he might want to revisit that article and maybe say maybe i should not back this current president because america can't take much more of this while fewer and fewer people decide to sign up for military that is unappetizing and unattractive to people with promising futures. >> lawrence: you read part in the full screen. >> steve: both sides. >> lawrence: what the left is doing to the right. i would push back just a little bit. i understand what he was saying. and i get the memes and all of that but we can go -- we can get past the memes and saying mean things about the other side. i think at its core, the real issue is targeting your political opponents. can you say, this is a blood sport and the former president talked about this. he says he looks at it as an mma find fight, they duke it out and hug each other at the end of it. there is one thing that is different this time around, and this is putting your political opponents in jail, or at least trying to put them in jail. and if you don't believe me, the america first legal institute just released this information about their subpoenaing, trying to get information from the department of justice on how colangelo, who was number three in the department of justice suddenly goes and does the same inve