news, americans dying at the hands of illegal immigrants, who should not be in our country. the deadly consequences of president biden's open borders are hitting home hard. i'm harris, you are in the falkner focus, texas police caught two men from venezuela, they are accused of the murder and brutal strangling death of a 12-year-old girl. both of those suspects crossed the u.s. border illegally from mexico. future court dates scheduled. so, they were caught and released, catch and release. we are learning about the illegal immigrant who is suspected of raping and murdering maryland mother of five, rachel morin. i.c.e. is confirming border patrol agents as well. three times and sent him back to mexico, he entered a fourth time as a got away. remember how that works? they come into the country, detection services don't pick them up, cameras nothing, i have been down to the border, it's not easy to sneak in but it's not impossible. and they are good at it. aided by the drug cartels. we know of more than 2,000,000 got aways. the ones that we think are in the country but we don't know who they are or where they are. all of this happening under president biden. his bail hearing, the suspect, is set for 1:00 p.m. eastern today in maryland. former president trump called rachel morin's mother yesterday, the former president offered his condolences, she says she was deeply touched by president trump's kindness and concern. and that mom also said the current administration has yet to reach out. rachel's half sister has a message for biden. >> as far as i'm concerned, the biden administration has the blood of rachel morin in their hands. rachel's story can help make a change, to change people's heart, to want to secure our border and keep our country safe, you know i think should be honored by that. and, you know, just -- i just pray that this crime stops. and really get a handle on it is to vet these people coming in. >> all of this recent violence is over shadowing border patrol counters in may with her lower most of his entire term. senior correspondent mark tobin with more on the texas arrests. my? >> two venezuelan men allowed to stay in the u.s. after entering illegally know a 12-year-old texas girl is killed and they say they killed her. her mom saw her going to bed last sunday night jocelyn snuck out of her room. it's not clear how she made contact with the suspects but they were captured by surveillance cameras right up to the last moments of jocelyn's life there they walked to a bridge where police say the pope world was murdered dumb today by you her body later found in a great. medical examiner says the cause of death is to regulation. >> just unfortunately she got caught with the wrong people at the wrong time. >> a spokesman tells fox news jose crossed into a pass on an unknown date he was picked up in may by border patrol and released with a notice to appear in court at a later date. 21 year old johan jose martinez crossed into el paso also picked up in march and released also with an order to appear in court. the two were picked up by police early thursday. >> now we want the justice system to do its job. if there was ever a circumstance where you do not give someone bail, this is it. >> the acting houston police chief says evidence is being examined to determine whether jocelyn was sexually assaulted it said only that the crime scene was horrible. >> harris: mike tobin, thank you. is now rodney scott retired border patrol chief and you served our nation and protected our border for nearly three decades. we are so grateful to you for that and for your leadership. i want to start with this idea of exactly what a got away is to the u.s. government. and what it means to have more than 2 million of them in this country right now. >> thank you for having me on here. we classified got aways and two ways and i will get to that but the main thing about the cutaways we do know a few things about them. we know they took extra steps and paid the cartel and amount of money to avoid law enforcement and we know they did not stay at the borders. it's a transit area. 2 million people are throughout this entire united states. that 2 million you're talking about, those are only the known got aways. is that means border patrol was already completely overwhelmed dealing with something else. in this case normally it's the fraudulent asylum-seekers. on camera they would see another illegal entry or they would pick up footprints but they are outside of their reach to see people run across the border. those are the known cutaways. america needs to understand is there is this huge wealth of unknowns where we now know the united states border patrol traditionally prior to the biden administration was patrolling hundreds of miles of border and keeping a high level of confidence of what was or was not coming in. today there are no border patrol agents out there at all. many of those areas the biden administration shut down the border infrastructure that is technology the cameras being installed over the last administration and there are no sensors out there. so we don't know. >> harris: wow. when i was there in september of 2022, '23 rather, there were those detections out there. those devices and whatnot. who would think it would be a good idea not to have that? what part of the biden administration thinks it is brilliant not to have any detection ability? >> yeah, we can't really speculative on that. i want to be clear, stuff installed was from the likes arizona they have some camera systems. that is still out there. but the border wall had a technology built into it. it had a sensor system and a camera system built into it. in the biden administration they cannot figure out work could not legally allow that to continue and they shut off the wall so they chose to shut off everything. then they diverted the money from the arrow stats in south texas that gave a bird's-eye view of the border, they diverted that money to speeding up the process to get an amount of border patrol in the united states quicker. those are conscious and it does not overshadow. that should tell people what their intent is. >> harris: that part you're talking about particularly that i saw in the rio grande they were dismantled it and left it out and all of the heat, the rain, whatever just to route all of our dollars there so of there were detection devices that were part of that portion of the wall that i saw, which made a mile long gap, rodney, it was left to rot which was mind-boggling. you said they don't stay at the border but if it were not for what governor abbott had done with the razor wire and all of what he is doing to keep it at bay, how much worse could it be? because this seems to have, i don't know, and expeditious push no for these cutaways. >> it would be significantly worse. going back to the technology and infrastructure we were talking about with the rio grande river the challenge is infrastructure are significant worse than in mexico and california. that's one of the places we were building it out. so if it weren't for governor abbott's initiative with operation lone star in texas we would still be seeing massive illegal entries there because there would be no detection, there would be nothing to slow them down. texas standing up and putting all of that and has really pushed a lot of the illegal traffic into the states that are very welcoming to it currently like california. where we had had almost complete control of the southern border in california for years. that is in total chaos today because of the buy demonstration. >> harris: i want to mix in some pollock's with you. new fox news poll and chose president biden's approval and emigration has picked up five points since march. now the highest it has been in a year. the survey taken after president biden announced his executive action curbing amnesty for some illegals and shutting down the border when it came counters 2,500 where if you do the math we know it was over 1,000 at one point until the california last week, so if it's happening at one entry point, it only makes sense we have hit that number. but anyway, the same poll shows most voters like the idea of restricting the number of asylum-seekers. i want to get your take on what he is doing and why actions we have shown so far have not really helped, but why that is having an effect politically. >> the actions haven't really helped because they are designed that way. we have to go back and remember biden created this border crisis through executive orders. he can fix it by simple simply ample mending some of those policies again but what you're saying i think at some smoke and mirrors and the complete dishonesty of this administration. they use little bullet points and they really encourage all the media and a lot of them fall into this to only focus on southwest border apprehensions between the ports of entry. and they highlight any change. they have pushed over 100,000 illegal aliens into the ports of entry under this administration through their illegal parole programs and they don't talk about that at all. so when you look at nationwide numbers, when you look at what is coming in on the coast, across the canadian border we never talk about the numbers really have not decreased to the extent they would like people to believe. however, there is an election coming up and they are trying to whitewash the policies but please don't forget they campaign on this and it was intentional. >> harris: i tell you those northern border, quarter numbers are more difficult to get but they do exist. we are pressing to get that. appreciate your expertise and your time as we learn about the murder of another american child now. and the suspects are illegal immigrants who crossed the border into our nation. thank you, rodney, appreciated. >> thank you. >> harris: there is outrage now after a far left manhattan district attorney alvin bragg decided to let dozens of violent anti-israel protesters go free off the hook no punishment for them the law says it is okay. critics say this will only fuel more of the destruction and the violence. plus the pressure is on for both parties candidates as they prepare for next week's big debate. and the stakes are high. >> he has this brief 90 minute moment to try to get people to believe that is the real deal unless biden can hit a knockout punch against trump. he loses the debate by definition. 's beyond biden and trump taking very different approaches as they get ready to spar on the national stage. of course it is national but there will be nobody in the room, no audience. biden didn't want that. stay close. okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪) can it keep me warm when i'm cold? wait, no, i'm always hot. sleep number does that. shop our lowest prices of the season with free home delivery when you add an adjustable base. sleep number smart beds starting at $999. learn more at sleepnumber.com be one game on president biden power president trump repairing for next week's debate and how they're doing it is quite different. former obama white house official van jones says "biden does not have a choice. has to succeed next thursday night. ">> this is the entire election as far as i'm concerned. the entire world will be watching. if you are a carbon-based life form you will be watching. if you have a functioning brain stem you're going to be watching. because if biden goes out there and messes up, it's game over. if he walks out of there and a a week lower he is lower in the polls it's panic in the party. >> haspewing insiders telling fox news he is skipping any sort of mock debate and instead working with allies and aides ongoing after biden on things like the economy and trump is multitasking. he will be campaigning in battleground pennsylvania tomorrow. biden, however, we are told is locked down with advisors at camp david for a week of prep. a new column says that only proves he is not up for the job. here's a quote "either biden is so unprepared or unable to defend his own record that he needs seven days of debate prep away from the presidency to be ready to speak for a total of some 35 minutes on thursday, or that tax is so monumental for him and his current mental state and at his age that he needs a vacation just to steady himself for that task." power panel now fox news contributor and host of the guy benson show on fox news radio. and jose aristimuno former dnc deputy press secretary. jose i will come to you first. what is your reaction to that column in the "washington examiner" and what it had to say about president biden? >> good to see you, harris. this is what i will say i think first and foremost we will let the american people make a decision if joe biden performs well in the debate or he doesn't perform well. let me say this. they study that's what you're supposed to do so i don't think which criticize wanting to do well in a debate i don't understand that. >> harris: it doesn't bother you he is gone for a weekend at his opponent will be campaigning? it's just a thought and an open question. >> you know what? is aborting to campaign a whole lot he was locked up in that courtroom for a lot longer. >> harris: we are going to fix your audio and while i am doing that with my crew maybe you consider the fact the fund-raising is now tougher for joe biden. and trump is beating him in that category. so when you talk about campaigning and fund-raising, that sort of thing, biden is not winning, a guy. >> i think it is probably a smart move for the biden campaign to send the president off for a long. lack of time rest and prepare. i am not quite where van jones is like it is over if he does very poorly, but there is a lot riding on this debate next thursday. and joe biden does not really have a lot of interaction in a sustained way standing therefore two hours answering questions, this has not been in his wheelhouse i think for various reasons recently sold to really prepare him i think is the right move. i think trump should take this very, very seriously. i think he should be preparing more. he can go on the campaign trai, he can multitask, but i think may be having a mock debate would be a good idea. really work shopping the questions i think we all know are coming and how he can pivot back to the issues that would help win in the election rather than getting dragged it down to holes, i think that would really behoove trump and we will see if that is something he is willing to do because it will take some discipline but preparation here i think is in order. >> harris: you know, it may not just be the fund-raising i mentioned either, gaia, again we are working on jose aristimuno's audio, here is nbc's chuck todd. >> i don't mean simple by this, but donald trump's rhetoric even and even his sort of swagger looks more like 2016 in the campaign you covered so closely, katie. then he looks in 2020. one trump is losing, the worst version of trump shows up and one trump is winning or he think he's ahead he is actually a different person at a different candidate. donald trump in detroit and those events he did he was oddly loose. he was trying to be funny and all of this. if he somehow drops the grievance, he could end up looking more like that 2016 candidate when he is the outside disrupter. >> harris: you know, jose i am hoping you can hear some of that as i come to you to get your response on it. this idea be careful what you wish for on the left side of the aisle with donald trump. he is winning. when you look at those key battleground state polls it has been cons consistently so. >> look, it's going to be a make or break moment for the president prayed he needs to perform. if we look at donald trump look biden isn't capable to do debates he can't tie his own shoe now they are saying he will do well, so trump keeps going and flipping going back and forth. at the end of the day the american people need to make a decision. now both candidates need to talk to the future. i think the mistake is of trump starts talking about the past and starts getting into personal attacks i think he will lose the debates like he lost in 2020 but i agree with jones and i agree with a lot of demos democrats that say joe biden needs to be on the offensive and he needs to perform well. there's no question about that. >> harris: there is one thing to be on the offensive, gaia, and i would say this for both of these men as they go forward. keep in the forefront the american people. donald trump does not have a problem doing that because he is under a gag order. and he will be under a gag order that night too unless something huge happens that we are not anticipating at this point. so it will be interesting if biden chooses to be the angry man from the state of the union what will that look like? >> and how does trump relate? there'll be questions i think about january 6th and who won the last election and the convicted felon stuff, that is all coming. abortion is coming. you can see -- >> harris: that is true. >> you can anticipate what they're going to do so trump needs to be ready to make his points. he doesn't have to back away from what he is going to say but make it quick, make it pity, and get back to the bread and butter of this campaign which is are you better off today than you were let's say five years ago? 2020 was in an insane year with kofi cockburn in every thing else. have a 2019? i was the country 2019? we can get back to that it sort of his message we could do that again because we are failing these last four years. if that is what the american public decides on one way or the other i think trump wins the election. >> harris: ironically given all you just talked about about pandemic and i know jose would not argue with this because we both remember the number 1.4% inflation at the end of trump's term even given all of the pandemic, it's fascinating because we haven't even sniffed that category under biden. in fact at one point we were north of 8%. all right, gentlemen i will bring you back jose, gaia, thank you. a conservative group is suing the department of justice for records on hunter biden. it says they could show he should be prosecuted under an old law for "or debauchery." plus a hearing is underway right now in florida on the former president trump's classified documents case. >> aside from all of the other constitutional issues trying a case involving classified documents separately speaking there long way off from ever seeing this case an active trial if it ever gets there. speed on some of the liberal media and critics are not liking this. here is what is happening. today trump's defense team and even the third-party are allowed to testify and they are arguing special counsel jack smith's appointment was unlawful. could they sink the entire case against trump? 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