>> john: just two weeks to go now before title 42 ends, biden administration is announcing new measures to tackle illegal immigration and human smuggling. scrambling to set up tents, tables and portable toilets to process migrants as they overwhelm border towns like brownsville texas. the surge is agents from 200 miles away are coming in to help. shelters in el paso, texas, overrun with migrants while an estimated 35,000 more are waiting across the border for title 42 to end. national border patrol council president brandon judd standing by. he'll join us on this and more coming up. >> john: but first, president biden taking the podium yesterday for his first news conference in more than a month and appearing to rely on cheat sheets to pull it all off. hello, john roberts, nice to spend friday eve as we like to call it around here with you. >> aishah: good to see you, john. this is "america reports." 80-year-old commander in chief caught holding note cards featuring an expected question from a reporter. >> john: the president is no stranger to using cheat sheets, often holding cue cards with names and pictures on them, including those of his cabinet members. >> aishah: yesterday's read in part. how are you squaring your domestic priorities like reshoring semiconductor manufacturing with alliance based policy. a question from the reporter. >> thank you, mr. president. your top economic priority has been to build up u.s. domestic manufacturing in competition with china. but your rules against expanding chip manufacturing in china is hurting south korean companies that rely heavily on beijing. are you damaging a key ally in the competition with china to help your domestic politics ahead of the election? >> john: all of this following the president's re-election announcement amid a new fox news poll showing him under performing on every key issue from national security to the economy. >> aishah: jacqui heinrich is live at the white house with the very latest. jacqui. >> this was not great press for this president who just announced his re-election bid at 80 years old, personal approval ratings underwater and also under pressure lately for keeping traditional media at arm's length -- and instead opting for sitdowns with influencers about his age. >> how old i am, i can't say the number, it doesn't register with me. people are going to find out, they are going to see a race, and they are going to judge whether or not i have it or don't have it. >> despite getting an obvious head's up on the topic that he would be asked about, the l.a. times now tells fox "our reporter did not submit any questions in advance of the q & a with president biden. courtney covers the white house for the l.a. times. as such, she's in regular contact with white house press office seeking information for her reporting. you would have to ask the white house who prepared the document for the president and why they included that question." we do plan to ask the white house who prepared that document for the president but not just of concern to other reporters in the press corps, also of concern to voters who just said in that most recent fox news poll 76% of them want to see this president taking questions regularly in interviews and press conferences, aishah. >> aishah: i know you'll be following up on that. thank you. you know, i don't work often at the white house but when i do fill in for jacqui or peter, occasions where the white house staff will come by booth by booth and ask what topics are you interested. we never hand over any questions word for word but i think it's fair and easy to tell what we are going to ask. >> john: typically if there's a big press conference, not necessarily two on two like yesterday, almost a murder board with the president, anticipate literally every question that comes out of a reporter's mouth. so, your goal during the news conferences is to try to find the question they have not prepared for and stump the president, if you will. i've covered presidents back to clinton and would never ever tell them what i was going to ask at a press conference. >> aishah: we'll see how the press corps reacts from this. >> if i did, i would be rightly raked over the coals by my employer. this as house speaker kevin mccarthy, house republicans narrowly passed a bill to hike the debt ceiling. mccarthy says the ball is in biden's court to come and negotiate. but the president says he'll veto the measure if it ever reaches his desk. bring in florida senator rick scott. this was a big move, narrowly passed by a couple votes. limit save grow act, which would give one and a half trillion dollar increase to the federal debt limit, claw back on unspent covid-19 funds, 1% cap on future spending, produce more incentives for oil and gas. biden has responded to this verbally, calling it whacko and irresponsible. but there's been nothing that even resembles an official response back to the speaker. incumbent on the president, now that the house has passed this, to actually pick up the phone and begin negotiations? >> should have started before they even passed anything. he's the president. it's his job to make sure we don't default on our debt. so i'm proud of kevin mccarthy and the freedom caucus and all the house republicans that voted for this. because we all have to come together. kevin mccarthy did his job, he sat down with republican house members and he came up with something, he got the votes to get it done, and it's going to get our economy going again, reduced spending, structural change, let's get people back to work that are able-bodied, i'm proud of what they did and do everything i can in the senate to get this passed and the president needs to show up and work on doing a responsible debt ceiling that gets this budget in order. >> john: the president's position is republicans are wholly irresponsible, holding the country hostage, off a fiscal cliff, not live up to the obligations, listen to what mitch mcconnell said in october 4, 2021, letter to president biden. he said "in 2003, 2005, and 2006, mr. president, you joined senate democrats in opposing debt limit increases and made republicans do it ourselves. you explained to the senate floor your no votes did not mean you wanted the majority to let the country default but rather that the president's party had to take responsibility for an agenda which you opposed. your view then is our view now." he's saying i need a clean debt ceiling, and traditionally, granted, he has, or presidents have been given clean debt ceiling increase. is it time to change that equation? >> 31 and a half trillion dollars worth of debt. deficits as far as you can see over a trillion dollars a year. we have got to get our fiscal house in order. this bill that the house passed starts that process. and it is a complete to a balanced budget we should be doing, no. start the process of balancing the budget, getting our economy going, make sure people get back to work it does and support it and do everything we can to get it passed. >> john: where do the american people come down on this, fox news poll, in favor, 44% against 50%, numbers were a little more against in october of 2013, 58 against, 37% in favor. but still, senator, plurality of americans say don't raise the debt limit. they look at the $32 trillion figure and can't believe it. i remember the heady days of the end of the clinton administration going back again, where the debt was $5.5 trillion and they were thinking of paying it off. we don't have to worry about that anymore. >> we should -- look, we can balance the budget. when i was governor of florida i walked in with a big budget deficit and florida had not lived in it means 20 years, we balanced every year. we paid off a third of the state debt so we can do this. people do it every day. they say this is my income, what i'm going to spend, and i want to get out of debt. don't we all try to do that, we all try to get out of debt and live in our means? your government should be doing the same thing and it can if you elect the people that care about the budget. >> john: i don't know if we could ever get out from behind 31.5 trillion debt, kevin mccarthy accused the media of underestimating republicans after the vote. >> when we passed the bill to end the pandemic to get back to work, why do it, the senate will not take it up, the president said he's going to veto it. it's law today. every question you raise, you have been wrong. you have underestimated us. >> underestimated us but the big question, is this going to go anywhere in the senate. >> i'm very hopeful it will, do everything we can. we have to have a vote in the senate. chuck schumer ought to bring it to the floor and let's change it, bring this to the floor, the house passed it, and we have to responsibly get our budget in order. we can do this. we can preserve -- preserve the programs we care about, we can balance our budget. this is all doable but you have to elect people that want to did it. chuck schumer does not care about balancing the budget. he's fine spending money and spending money and spending money. that's why we have the inflation we have. inflation is caused by reckless government spending, that's exactly what's happened the last two years. >> john: rick scott, appreciate it. thank you. >> aishah: air national guards man accused of carrying out one of the biggest leaks of u.s. intelligence in years is back in a federal courtroom today for a detention hearing. a judge will decide whether 21-year-old jack teixeira should continue to be detained while he awaits trial on two charges under the espionage act. molly line for us, where teixeira is appearing right now. molly. >> aishah, that hearing, detention hearing is already underway at this hour. prosecutors are arguing that jack teixeira should remain behind bars pending trial. the 21-year-old faces up to 25 years in prison, say he poses a flight risk and the safety of the community. accused of violating the espionage act, no holds barred motion in support of detaining teixeira, saying the massachusetts national guardsman may still have access to a trove of classified information of tremendous value to hostile nation states that could offer him safe harbor. prosecutors say the airman took steps to thwart the ability of the scope of what he obtained and universe of authorized user, smashed tablet, laptop and gaming console. and he owned a virtual arsenal of weapons listing a high capacity ak style weapon, bazooka, hand guns and more and regular discussions of violence and murder on the same platform he disclosed classified information. they note teixeira was suspended in high school after a classmate heard him talk about molotov cocktails, guns at school, and threats. and they say no bearing on the role as an i.t. specialist, searching terms relating to mass shootings and the russia and ukraine conflict. he brags of prior revelations and writing i reported stuff like this almost daily as i get it to my friends. the defense has also filed a motion and expected to argue for release with conditions. they want to see teixeira placed at his father hads home and wofshth noting there's been some fallout here on the ground in massachusetts at teixeira's national guard unit. two commanders from the 102 intelligence wing suspended by the u.s. air force and investigation is underway. aishah. >> aishah: molly line live for us, thank you. >> john: the homeless man seen on video attacking a former fire commissioner with a metal pipe appearing in court today. will the charges against him be dropped? >> aishah: speculation growing that florida governor ron desantis will soon be announcing a 2024 presidential bid, but poll shows support for him falling again. does he need to jump in the race now? our panel of doug collins and david carlucci are up on that next. ♪♪ realtor.com (in a whisper) if we use kevin's college fund, we can afford this house. the house whisperer! this house says use realtor.com to find options within your budget. good luck young man. realtor.com to each their home. when it comes to reducing sugar in your family's diet, the more choices, the better. that's why america's beverage companies are working together to deliver more great tasting options with less sugar or no sugar at all. in fact, today, nearly 60% of beverages sold contain zero sugar. different sizes? check. clear calorie labels? just check. with so many options, it's easier than ever to find the balance that's right for you. more choices. less sugar. balanceus.org (music throughout) get the royal treatment. join the millions playing royal match today. download now. all across the country, people are working hard to build a better future. so we're hard at work, helping them achieve financial freedom. we're providing greater access to investing, with low-cost options to help maximize savings. from the plains to the coasts, we help americans invest for their future. and help communities thrive. >> i don't get involved in the daily this and that, the news cycle here and there and announcements will come at the appropriate time. >> aishah: ok, so that was florida governor ron desantis during a stop in israel ahead of a potential presidential run. abc news is new reporting desantis is expected to launch an exploratory committee as soon as next month and a possible bid shortly thereafter by mid june, we are hearing. this as a new fox news poll reveals former president donald trump still the top republican choice for 2024 at 53%. as governor desantis now falls for a second straight month, 21% of support from gop voters there. let's bring in doug collins, former georgia republican congressman and host of the doug collins podcast and david carlucci, former democratic state senator. thank you for joining us today. i'm going to start with doug here. so, obviously we are waiting and watching and seeing if desantis is going to get in. do you think, though, looking at these new fox news polls out, do you think that waiting is actually hurting him in these polls? >> yes, i think it's very obvious it is hurting him. it's allowing donald trump to be donald trump, he is an excellent campaigner. donald trump can relate to people, he knows how to get under -- to throw out messages, his team also knows how to take down opponents, and what's happening here is donald trump has a free field here and a really good message, and i've had a lot of friends in florida and other places, it's working and the idea desantis is being coy about this flying around the world, saying well, maybe i'll talk about it later, he's really hurting him, he has no way -- he's not fighting back in any form. and also i think frankly, also the first time he's had a national vetting. he had a state vetting running for governor but never had a national vetting and donald trump knows how to do that. yes, it's hurting him waiting like this. >> david, bring up the favorability poll, i'll read it to you, among republicans, shows trump is up 11 points over desantis. you know, it's clear the biden white house would prefer a rematch of 2020, trump-biden rematch but should they count desantis out yet. is it wise to be so trump-focused? >> i agree. look, president biden is president because of donald trump. and they want to run against donald trump again and i think that will be biden's clear path to victory. but, i think doug is absolutely right. look, donald trump is attacking desantis from the left and the right, if you look at what he's putting out. and ron desantis has gone so far with the attacks against disney, trying to find a bogeyman, or in this case a bogeymouse, and the endless crusade to fight wokism is landing florida in a lawsuit, smells like retaliation, feels like retaliation, it is retaliation and florida taxpayers are going to pay the price. it's great t fight wokism until they have to open up the checkbook and realize they are paying for this. that's a problem for desantis. >> let me ask doug this, obviously trump's legal issues on the outside looks really bad, but he actually gave him a bump in the polls. do you see that also working out for desantis with this new disney suing him? >> look, i think disney-desantis thing is running its course and will drag into a non-public -- not like the issues that donald trump has had to deal with with the attack from d.a. in manhattan, even liberals and conservatives alike say it's weak, poorly drawn out case that actually helped donald trump in his case the government was against him. other things may come along, but i think the disney-desantis issue is starting to play again into an arena that people are not going to be able to follow, not the headline grabber that it currently is. i think desantis is getting close to running a path on the disney issue. >> aishah: and nikki haley came out and inviting disney to move to south carolina, you know, desantis takes hits after hits after hits from potential competitors in this race. that's got to hurt him, too, he's not technically a candidate yet. he is not personally hitting back. super pacs out there supporting him are hitting back. what do you think of that? >> i think more and more i look at this, and i'm beginning to think that ron desantis doesn't even run for president. and if he does, it will be very short lived. you see the polls month after month, he's beginning to fade, donald trump is locking in that conservative right wing base, and so where does desantis go? he's having real problems trying to, you know, outtrump trump and trump is securing that base. i'm believing more and more ron desantis will not run for president, a problem from the left, the right, from donald trump, nikki haley, they are attacking him already and has not even formally said he's going to run and he has to wait for the legislative session is over in florida to make a month so it's problematic for ron desantis. >> aishah: doug, david, thank you as always. >> always good to be here. >> john: i agree with david, not sure he's going to run. he has a calculation to make. if he doesn't run, people will say oh, you are afraid to run against donald trump. if he does run and trump buries him, that will ruin him for a long, long time. >> aishah: i think there will be others, too. glenn youngkin and folks like that. >> john: i think he's not going to run, not until 2028. i'll bet a dollar desantis will wait to 2028. some migrant children are ending up in the hands of sponsors exploiting them. >> today children will call a hotline to report they are abused, neglected and trafficked and we don't know if they get the help they need. >> john: a whistleblower detailing the problem she witnessed firsthand calling on congress to crack down on migrant children in modern day slavery. brandon judd is up next on that and biden's now plan for when title 42 comes off. >> aishah: fbi director christopher wray, and a laundry list of other subjects. including china and hunter biden. a preview coming up. use the three p's: plan ahead by getting a va cash out home loan from newday. pay off your high rate credit cards. pay yourself cash. about two years ago, i realized that jade was overweight. i wish i would have introduced the fresh food a lot sooner. after farmer's dog, she's a much healthier weight. she's a lot more active. and she's able to join us on our adventures. get started at betterforthem.com ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. for your most brilliant smile, crest has you covered. ♪ (laughing) nice smile, brad. nice! thanks? crest 3d white. 100% more stain removal. crest. i brought in ensure max protein, with 30 grams of protein. those who tried me felt more energy in just two weeks. uh... here i'll take that. ensure max protein with 30 grams of protein, 1 gram of sugar and nutrients for immune health. ♪ >> john: the woman accusing former president donald trump of rape is back on the stand in a manhattan courtroom today. advice columnnist told the courtroom she regrets filing the lawsuit against trump at least five times a day because of the threats that she is receiving online. lawyers for the former president questioning carroll on why she didn't come forward about the alleged incident when it first happened and instead waited to write about it in her 2019 book. this comes just one day after she gave detailed testimony to the jury about the alleged attack. claims trump sexual assault the her inside a dressing room inside the luxury department store bergdorf in the 1990s. the president not at the trial has denied all of carroll's claims. >> aishah: a house judiciary subcommittee set to review the foreign intelligence surveillance act, fisa, allows the government to collect information on foreign communications even with american citizens without a warrant. gillian turner is live on capitol hill and gillian, what are lawmakers saying about this possible reauthorization? >> it's an area where interestingly both sides agree the foreign intelligence surveillance court, known as the fisa court, has abused its powers by allowing intelligence officials in the past to spy on americans. the big news out of this hearing this morning is that the justice department inspector general admitted the government has conducted 3.4 million searches of phones and messaging data, without a warrant. and around a million, a million of those searches were done in error, take a listen. >> it's obviously very concerning that there's that volume of searches, the error rate that was reported on now. >> the error rate was what? >> i believe it was around 30%. >> aim lawyer, not a math person, but seven figures of error. >> and pressed horowitz on who exactly in the government has the power and the access needed to search american's communications. >> we believe there may be north of 10,000 people in the federal government that can perform those queries. would anyone here have a basis to disagree with that assessment? >> no. >> now, democrats on this committee agree ranking member jerry nadler says even congress has been duped. an despite our best efforts, intelligence agencies have kept us in the dark how many communications are incidentally corrected every year. >> jim jordan says fisa reform is his number one priority for the rest of the section. >> judiciary committee to protect the constitution, the most important thing we are going to do this congress, guest this right. >> so coming up in just a moment underway here is going to be more testimony from the fbi director, christopher wray. we expect him, aishah, to be grilled about a whole area of information to the secret chinese police stations set up in new york. >> aishah: the fisa issue may be the only thing the two sides can agree on in the judiciary committee. live on capitol hill, thank you. >> john: secretary of state antony blinken and mayorkas announcing plans to address an expected surge of illegal immigration at the border once title 42 lifts on may 11. the biden administration saying it plans to build lawful pathways for migrants and consequences for those who don't use them. comes as a whistleblower testified before congress yesterday on the dangers that migrant children are facing from sponsors who exploit them. brandon judd is the president of the national border patrol council and joins us now. unaccompanied minors in a second, brandon, but the title for when title 42 comes off, dhs plans to use the long standing title 8, which in part calls for illegal immigrants to be generally processed under title 8, expedited removal in days, generally barred from re-entry for at least five years if ordered removed and presumed in eligible for asylum under lawful pathways regulation. title 8 has been around for a long time. is this the solution? >> no, it's not. i process people under title 8 all the time and the individuals, all they have to do is contest that and then they have a right to see a judge. once they contest it they have the right to see a judge, that's when they get released into the united states. once they are released in the united states they never show up to the court appearance. this is smoke and mirrors, just one of the ways they deflect and say this is what they are doing and unless somebody fact checks them or holds them accountable, their lies are the truth. that's the problem. they are not doing anything new, no new policies, programs or operations that are going to allow us to secure the border. all they are doing is deflecting and saying this is what they are going to do when in reality it does not accomplish anything. >> one thing that antony blinken did say, 60-day surge during the transition from title 42 back to title 8. listen to what he said here. >> we are announcing a 60 day surge of urgent assistance to regional partners to enhance security, to counter smuggling. and disinformation spread by traffickers and other bad actors so people who want to migrant have accurate information about how to do so legally and safely and know the dangers of putting themselves in the hands of traffickers. >> john: well, will that do it? >> no, of course it's not going to do it because these people know they are going to be released. they know the smugglers are going to advertise their services, put yourself in our hands and we'll get you to the united states and released to the united states. if smugglers are going to do it, they are going to put themselves in the hands of the smugglers. antony blinken is relying on other governments to do his job. we have learned time and time again, most recently in afghanistan, we can't control what other governments do. we can control what we do. we can control our side of the border. we can't control any other side of the border. we have to do, we have to implement the laws on our side of the border and if we do that, we will shut this off. it's like a light switch, we proved that under president donald trump, we have to go back to those policies. >> john: let me get to this issue of unaccompanied minor children. tara lee roda worked in an hhs office, the office of refugee resettlement and she basically said that the biden administration is complicit with the drug traffickers in child trafficker. how she put it. >> whether it's intentional or not, it could be argued that the united states government has become the middleman in a large scale multi-billion dollar child trafficking operation that is run by bad actors, seeking to profit off of the lives of children. >> john: in the last three years, brandon, explosion of unaccompanied minors at the border. 2020,s 33,000. 70,000 so far this year. why has this problem gotten so bad under this president? >> john, the reason why -- this makes me so mad is because i spoke with the transition team about this. i talked with secretary mayorkas before he was confirmed about this. we told them what would happen if they did not give us the proper policies to control the border. we told them children would be exploited and the border out of control. they ignored every thing we said and now we are seeing children are suffering because of it. we want to protect children, we want to protect life, we want to do what's best for everybody, yet this administration does not care. they constantly pander to open border activists and it's very frustrating and upsetting to every single person that puts on a uniform to see this administration truly doesn't care. they give lip service, but their actions show they do not care about life. >> john: the whistleblower testimony yesterday was pretty damning. brandon judd, always good to have you on and get your perspective. thank you for keeping everybody else in check. appreciate it. >> thank you, john. appreciate it. >> aishah: brutal attack in the blueest of cities. a former fire commissioner attacked by a homeless man with a metal pipe in his hands. the suspect heading to court today and the attorney says it was self-defense. >> john: we are moments away from the white house press briefing as president biden continues to battle questions about his age and why he was caught using a cheat sheet during yesterday's news conference that had a reporter's question on it. howard curts will be here on that. you are don't want to miss howie. >> puts many of us to shame with his energy. >> can you answer any more experience, vice president, president, senator? 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you may pay as little as $10 per prescription. >> aishah: it was a name synonymous with daytime tv. we all remember watching the show, "jerry springer," the long time television personality who helped pioneer the confrontational tv genre, dead at the age of 79. springer hosted his legendary talk show for more than 4,000 episodes, from 1991 until 2018. the former cincinnati mayor passed away peacefully overnight at his chicago home following a brief battle with pancreatic cancer. did you know that show started off as a political show? and quickly realized it was not going to work. i think it would have been better in this day and age. >> john: it's a shame, 79, probably had a lot of years left. i had a chance to talk to him a couple times, really nice guy. >> aishah: yeah, really, really big loss. >> john: he will be missed. the homeless man accused of attacking san francisco's former fire commissioner in the head with a metal pipe earlier this month is being released from jail. this after the victim did not show up to court to testify due to what his legal team says are injuries from the april 5th attack. claudia is live outside the courthouse in san francisco. let me make sure i have this straight. the guy walked free because hi victim could not show up in court because of his injuries. that -- >> stunning turn of events here at court today, john, and comes after the man who was very viciously beaten and of course the central figure in this high profile case was a no-show at today's preliminary hearing, and without the testimony from the complaining witness prosecutors could not move forward with the case. now, despite surveillance video showing 24-year-old garrett dotey chasing him down the street and hitting him multiple times in the head with a metal pipe, the judge had no choice but to release the assailant on his own recognizance. prosecutors said the man was physically unable to come to court, on pain meds and suffering from a broken jaw. his failure to show follows interviews with local media and new video tape released by the public defender's office that claims to show evidence of dotey defending himself. dotey's lawyers say he sprayed her client with bear mace and may be similar with eight bear spray incidents in that neighborhood. outside court, looks forward to may 23, the new date for her client's preliminary hearing. >> either we have a dismissal at that time because mr. caringani will never come in and give a 125i789 or we -- -- and i get to cross examine him. >> he admitted had bear spray but said he accidentally sprayed himself. it remains to be seen with the d.a. files any charges against him, but the assault and battery charges against his assailant remain and now, john, we wait to see whether john takes the witness stand here on may 23 or if this case goes away. p>> john: a lot of layers to this onion. thank you. >> aishah: attorneys for idaho murder suspect bryan kohberger say one of the surviving roommates can prove his innocence, and she has now agreed to talk to them. so, what does she know? next and that. plus this. >> gunfire was already being exchanged, even before the swat teams arrived, it was cleared someone inside of the house was actively shooting at law enforcement. >> john: a massive manhunt underway in mississippi following a jailhouse escape by four convicts. one is now dead, but do authorities have any leads on the others? stay with us for that story. ha-ha! it was me the whole time. -whoo-hoo! -[ laughs ] well done, ma'am. what...did i do exactly? with snapshot from progressive, you get a personalized discount for doing exactly what you're already doing -- being a safe driver. congratulations. this is a bowling trophy. yeah, it's the biggest one they had. okay, thanks. mm-hmm. oh. have a good one. every day, more dog people, and more vets are deciding it's time for a fresh approach to pet food. they're quitting the kibble. and kicking the cans. and feeding their dogs dog food that's actually... well, food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. our customers don't do what they do for likes or followers. their path isn't for the casually curious. and that's what makes it matter the most when they find it. the exact thing that can change the world. some say it's what they were born to do... it's what they live to do... trinet serves small and medium sized businesses... so they can do more of what matters. benefits. payroll. compliance. trinet. people matter. >> aishah: listen to this, one of the surviving roommates in the idaho quadruple murder case has now agreed to talk with attorneys for suspect bryan kohberger. his legal team claims her testimony could prove his innocence. trial attorney mercedes colwin joining us with the analysis. a big development, for while we have not heard what bethany funke even knows. i was under the assumption she was sleeping the time and the other roommate saw a potential suspect. what could they possibly think she has to say that could help him? >> certainly, a great point. we have not heard anything because the judge has put a gag order on everyone. law enforcement, the parties actually litigating this issue, so we have to look at the tea leaves. it's hard to imagine there being exculpatory evidence when you look back at the affidavit, by the way, a master class on law enforcement. they have done everything from digital evidence to dna evidence to looking at where the pinged -- the cell phone pinged along where the route was to the house, all of that, setting that aside to claim there is exculpatory evidence. the only thing conceiveable, perhaps she heard something, some other voices. there has already been rumblings more than one person potentially, because of the butchery of these innocence lives. think about how extraordinary it was the crime scene in and of itself. these four individuals were all killed by a knife. and kohberger is the sole suspect. so perhaps what they are trying to say is that multiple voices, one of whom he may have been the actual killer. >> aishah: so let's imagine bethany goes in and talks to these attorneys and contradicts, let's say she contradicts what the other surviving roommate has said about her version of events. how much should the prosecution be worrying at this point? >> that's a great point. it is very, obviously, obviously very detrimental to the prosecution whenever there is some testimony that comes in that contradicts your key witness. key witness are the other sole survivor, and now suddenly you have another one that contradicts her, that's going to be very problematic. but, at the end of the day, the prosecution is going to rely on law enforcement and all that they did in order to come to the arrest of kohberger to begin with. >> aishah: is there a world you can see where, whether it's this or something else, where you can see charges being dropped? >> it's hard to imagine that there could be, because of the extraordinary measures that were taken to lead up to the arrest. it's hard to imagine. we have the dna evidence. and we also have other dna evidence that's going to come into play. and the fact that you are now seeking the death pentagon, the d.a. knows there are extraordinary measures that he has to show to prove beyond a reasonable doubt kohberger was the actual murderer of the four students and also called the state e to bring in deeper bench. so two senior state attorney general attorneys coming forward to help with the prosecution. it's unlikely the charges will be dropped. >> aishah: they might feel they have a strong case even outside of the new deposition or interview that's about to go down. >> exactly right. >> thank you so much for joining us. >> my pleasure. thanks for having me. >> john: in just a few minutes, we will hear from the white house for the first time since president biden was caught using a cheat sheet during his rare news conference yesterday. howie reacts to what it might mean for biden's re-election bid. shannon bream, how lawmakers may be setting a troubling press -- precedent with supreme court justices, and new jersey's idea to deal one rulely parents at little league games. you don't like the umpire? 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