the normandy american cemetery in normandy unlike any the world had seen. it required courage and leadership and on the beaches and in the skies that would come to be known as the greatest generation. 9387 of those heroes lie beneath the white crosses and stars of david you see behind me. they brought freedom to friends after four brutal years of nazi occupation and then they peeled back hitler's grip on europe step-by-step. later this our you will hear from the first of several or -- several veterans who will speak with the suite who will -- -- remarkable man who is now 104 years old. >> and as we moved on the morning of 16th we had casualties immediately. when you talk about the day after i talked -- tell people the infantry had sometimes n15 delays in wonder. mack it -- it all depends on how fast you will. >> martha: was talking about an action on the 16th several days after d-day. will have more on that interview later. is really incredible. he is quite a man and you'll see some of that later in the show. but first of the big news of the day on the story. >> ♪ ♪ moments ago president biden in the midst of a campaign and the weeks before the first presidential debate announced executive action to stop the flow at the border when the average daily number breaks 2500. the current number of people rushing illegally is double that right now. he again said that the former president trump in the reason for the crisis. watch what he does that. >> president joe biden: came to a clear clear bipartisan deal with -- this brought -- strongest border security agreement and decades. but then republican congress, not all of them, walked away from it. why? because donald trump told them to. >> martha: after those remarks were shorted questions about the border. the president did not take them. [simultaneous talking] >> martha: had a lot of questions in a crowd and understandably so. take a look at the new fox power rankings not revealed that of all the bigger issues you see on the screen border security is the biggest one in terms of people's concerns and is the one with the current president biden is the weakest. content on this measure b. team by 18 points on the issue of the border. republicans hammering the timing of today's announcement, five months from election day. >> next to an executive order on the border but, you know, let's make it so it really doesn't do a darn thing. it has helped us get through to november. >> he is pulling right up there with fungal infections. part of the reason for that is that he gave in to the moving of his party. and he dissolved the southern border. now five months before an election, he has to appear to be willing to do something about it. >> martha: a big lineup will -- coming up, key pallets, and tape it and mark penn but first we will speak with former house speaker kevin mccarthy. speaker mccarthy, gaddafi with us, thank you for joining us today. >> thank you and thank you for being at normandy. remember being there five years ago the seventh anniversary with you and thank you for interviewing those errors -- everybody should listen to those interviews and no -- we are very few left to our -- were there on the day and it's an honor to even hear from those heroes. >> martha: indeed. is in many times the final journey for a lot of these men and we have remarkable stories. are people coming who are on hospice, or being flown in for the day because it's one of their final wishes. and the people who help them do that are extraordinary as well as we'll tell everybody about that but i wanted that -- to get your reaction to what president biden that right -- is not because basically is that people can't enter the country illegally, they can come through the legal path but they can't come illegally. so i'm trying to figure out why he didn't feel that way for the past few years. >> was interesting here is we've never had such a big problem in our southern border and the damage is already done here. if you go to new york city the number 1 issue is the southern border. you go to massachusetts. he made every community in america a border community and he only said three months ago there's nothing he can due on the border. there was no new law changed when the border was secure. only thing he changed -- we change with the president. everybody sees through what this is. this is purely a campaign tactic, he is taking right now that you can executive order, right -- but remember it's only after you allow 2500 people to come illegally so in a guide to secure the border that the only way people come our legal? you can do that under president biden's before it's really stunning earmark we looked back to -- plus if you use the app they see the border patrol at the k-1 people to use the knee -- then you can come right in as long as you use the app to make an appointment. >> but you're still not going to the process. remember this list is the damage that he has done and -- in one month of last february we caught more people on the terrorist watch list. and count -- in one month under biden that we did in the last entire administration of four years. so who's already in america give a quick action people the terrorist watch list from yemen. the number 1 above people coming across the country in the last two must have been from china. china is not in latin america. taking a plane to go someplace to walk up through and now he's going to say well the first 2500 can go but here's the app and you can get through? that is not secure -- securing the border and he knows that. is purely a false -- and i believe this will even fact that -- backfire on him. >> martha: that's what i want to ask you know about the politics of this because you see that on the nile for these fox news power rankings in terms of issues trump is part 15 on the issue of the border. so i guess if you're working on the biden campaign you will look at how many points can you pull it back, you know, if people, you know, maybe haven't followed the issue that closely, you know, they might say well he stopped that i think, right? that's getting better, that situation. >> everybody sees it -- it doesn't matter how far you are away from the southern border, he washed what biden's policy has done. so you see that in your community every day. when you go to the grocery store, and see what biden's policies have been the inflation. when you fill your car up, you see what his policies on energy have done. and this is where their tone deaf dramatically are arguing a whole another points set up listening to the american public. that's why i believe this next election, president trump level very big nights. >> martha: kevin mccarthy, former speaker of the house, wait to see what always. thank you for joining us today. >> and q. townhall.com editor congregant david's -- water fox news contractors and mark penn former clinton advisor and poster. now ceo of stagg well. without -- al mawasi, which have all three of you with us. i actually want to start by going back to october of 20 2020, mark. and here candidate biden at the time is talking about opening up the borders and that is why people should want to vote for him. watch this. >> president joe biden: is our first president of the units -- that anybody seeking asylum has to do it another country. you come to the united states and you make your case that i speak as an based on the following -- why i deserve an american law. they're sitting -- sitting in squalor and other side of the river. >> martha: mark penn big change of vantage point on all of us today. you said no you can come in to the country illegally. you can only come through the legal pathways. >> martha: what changed? >> absolutely. this is a big change going to the election season. i've said for many months now that he had to do something on this issue. you can sit there and the way it is. is too big an issue. number 1 or number 2, you know, in the polls with inflation and so i think he is responding to the box population are going in to the election season and the question is is this executive order going to be an adequate response. >> you know, we heard from the president many times he said i've done all that i can do, you know, i'm out of options and unless congress comes up with something my ability here is very limited. what do you think of this executive order that he dropped just a short time ago? >> well of course the president with a note i'm trying to blame this problem on president trump and republicans again but joe biden is an arsonist who is now running to the building he purposefully burned down not with a fire hose but with a bucket of water, wanting credit for putting the fire out. he campaigned on this as you just showed us. you told people to come here demek he said he wanted free healthcare for illegal immigrants when he was on the campaign trail in 2020. you took back all of the executive orders that donald trump put in place to secure the border that were effective. not because not effective but because they were done by the previous president and he vowed to his far left of the party to remove all of those. and now the american people three years later our suffering the consequences on every single level. education, tax increases, hospitals being overwhelmed, committees being overrun with people that can't house and it was in his interstate -- was he was out what has an accurate new governor, he will go there. she's doing this not just because it is an action issue but because democrats and his party are begging him to do something to try and fix this issue and he's done something very small today but it's nothing in terms of what he needs to do to actually get this problem under control before the jason chaffetz does the presidency a political political opening here? we have a recent conviction for the former presidents donald trump -- but this does nothing to secure the border. bureau what it is? 's is a ploy to get people to sign up on their app and think of all the data that they get out of this app and what are they going to do with all of that data? so none of this applies to you if you apply on the app. so don't think there's a slowing anybody reminiscing about border -- the border wall calendar nothing about all those existing people. is about getting people on their app so they can track them and use that data. that's what this is about before you make a great point. that jumped out to me as well because i was reading through the -- human trafficking victims, understood. children who are coming alone which might be good news for the cartels. and then of course if you use the app as i mentioned you can also get right and so it's pretty interesting and have an interesting take on why they might be wanting to do that. thank you all. with the seal. will see you soon. >> thanks, martha. >> martha: right now the so-called laptop from help make its debut in hunter biden's contralto grandmother presidents and is facing up to 25 years in prison if he's convicted on these charges. first lady jill biden has been front and center today and yesterday during all of this during the jury selection and it can -- continued again today. at until until he said that during the -- notification in biden county he called it may explain the decision to take this case to trial. he's next. >> ♪ ♪ 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 ♪ my back got injured very bad. i was off work for about a year. i heard about relief factor from my wife... i took it every day, three times a day, for three weeks. ...look at her and i said, "the pain is gone." and she said, "i'm glad it helped." i said, "no, you don't understand. it's gone." you, too, can feel better every day with relief factor, a daily supplement that fights pain naturally. call or go online now and get 35% off your first order. her uncle's unhappy. i'm sensing an underlying issue. it's t-mobile. it started when we tried to get him under a new plan. but they they unexpectedly unraveled their “price lock” guarantee. which has made him, a bit... unruly. you called yourself the “un-carrier”. you sing about “price lock” on those commercials. “the price lock, the price lock...” so, if you could change the price, change the name! it's not a lock, i know a lock. so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. >> martha: hunter biden's contralto happening now in delaware. is facing another trial in tax charge is taking place in california in september after his plea deal with the feds fell apart. increases a total of more than 40 years in prison potentially between the two cases. first lady jill biden sitting once again in the front row today reportedly watching the jury and both sides very closely. the president released a statement in his own behalf saying that he loves and respects his son. jonathan turley is standing by first. just -- for justice correspondent david spence was the first in the courthouse in wilmington. high connor mcdavid. >> the first lady left, she didn't come back after lunch and we assume she's going to be -- in france for a statement where you are right now a little bit later this week but hunter biden's laptop, that physical laptop was actually held up in court. it was not plugged in, exhibits are not being taken from the laptop directly but it was our first time to actually see that laptop that has been evidence for several years also an fbi agent who joined the case last year said that she, her part of hunter biden's audiobook to help prove that he was addicted to drugs around the time that he brought a gun so part of that was played. hunter biden and his wife melissa arrived this morning just before 8:30 per medical time they arrived with the two of questionings beginning at 9:00 am this morning. 's attorney abby will argue that inter was not using drugs but alcohol at the time and he was crushed by the local salesman in 2018. er also says that there is a chain of custody issue with a gun pouch found in hunter's carter had cocaine residue. why? well he says he really biden the widow of hunter's late brother bo was a leader in a shaw halliburton panic when you find the gun in hunter's car company in the project were in the garbage can outside the local grocery store so the prosecution began by saying no one is above the law and hunter biden should not be treated any differently than anyone else. and -- and expertness we're expecting anytime soon is hunter's next wife, -- kathy buehler. >> martha: thank you, david spence. in wilmington democrats go to jonathan turley constitutional law attorney, gw law professor and fox news contributor. i just want to start by putting up this timeline of the hunter biden gun case for everyone at home to look at these dates. the form is filled out on october 12th, 2018. and on that day he checked no on the conform in terms of being on and he unlocked -- any unlawful drugs or being a user of unlawful drugs. then one day later he texts an unknown person that he is waiting for his dealer and then the next day he text hallie biden "on a car smoking crack." jonathan, how difficult are these text messages for hunter biden who is claiming and his lawyer is claiming maybe it was alcohol at the time for he wasn't actually on drugs when he filled out the form? >> is obviously very difficult very few people will by these defenses. there is no defense that i can see here. i mean it's a keen -- akin to getting yourself locked in a bank vault and say i got lost on my way to the restroom. you can say that but very few people are going to buy that. and that sort of leads to the sort of question of why they didn't just plead guilty. if he pleads guilty there's a good chance he wouldn't get jail time and increases the likelihood. and instead he'll go through a very embarrassing trial. without any real defense. i mean also suggested that perhaps he was the one who'd -- wasn't going to check the box. while you're going to have the gun dealer -- dealership owner who stood there was going to describe him doing that. >> martha: so why do you think that he did it shaw didn't plead guilty if you think it would be the easier way out for him here? >> because i think this is looking like a nullification strategy. gerry nott of -- notification is when you either explicitly or implicitly encourage injury to ignore the evidence and this is the place to do it. wilmington is the biden hometown. this is the favorite son of the favorite son and i think that there is hope here that in the combination with sympathy for the addiction and perhaps sympathy for the family, you can get a hung jury or even jury notification because that is the only viable option i can see here. i mean are you -- do you really think all people are going to say that a third person check these boxes hunter biden or you had the world's smallest window of sobriety that can be reduced to a few hours. of course, no one is going to buy that. sure you're relying on something else. you're giving them at least the appearance of a defense but you're really hoping for nullification. >> martha: let me ask you quickly. is it too heavy-handed -- ended for the president to comment on this case for the first -- order first lady to be sitting on the front row on the jury? do you have any problem with that or not? >> i don't have any problem with the father weighing in here for his son. having jill biden in the court, however, is a reminder to the jury that this is a biden town and this is a biden case and i think the prosecutors maybe chafing at that. >> martha: jonathan, thank you, always good to see you. jonathan turley joining us this afternoon. straight ahead is our governor glen young can on new polling in virginia that shows a tight race developing between biden and trump in this generally blue states. imagine a future where plastic is not wasted... but instead remade over and over... into the things that keep our food fresher, our families safer, and our planet cleaner. to help us get there, america's plastic makers are investing billions of dollars to create innovative products and new recycling technologies for sustainable change. because when you push for smarter solutions, big things can happen. let's get started. bill, where's your mask? i really tried sleeping with it, everybody. but i'm done struggling. now i sleep with inspire. inspire? 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