harbor in southern new mexico. back to you. gillian: madison, thank you. mike. mike: court hearing getting underway in texas this hour for one of the two illegal migrants accused of killing a 12-year-old girl in houston and dumping her body in the water under a bridge. welcome to a brand-new hour of america s newsroom, i m mike emanuel. gillian, great to be with you. gillian: i m gillian turner. dana and bill have the day off. both suspects in the tragic murder are facing capital murder charges. this is according to ice. they entered the country illegally and later caught and released by border patrol near el paso weeks before 12-year-old girl was murdered. the duo lured her under a bridge, removed her clothes, tied her up strangled and murdered her. if the medical examiner determines she was sexually assaulted they could face the death penalty under texas law. mike: michael mccaul laid part of the blame on president biden s open border policies. we re seeing this
to back starting at 10:00 a.m. eastern time this morning. cases on abortion and free speech are still undecided and then there is the biggest case of all on whether former president donald trump is immune from criminal prosecution. we could get one or all of those in our second hour. we will bring you that live as soon as we begin. but first this. dana: the deadly consequences of an unchecked border, a 12-year-old girl found strangled to death in houston, two illegal immigrants now in custody. good morning everyone, i m sandra smith and a big welcome to you, bill and dana are off. jackie, great. always a pleasure, this is america s newsroom. the suspects illegally immigrated from venezuela, the first in march, the second in may, both caught by border patrol and released in to the u.s. jocelyn nungaray on monday she was found strangled to death in a creek. it is just the latest, in a string of violent crimes linked to illegal immigrants, police say they are overwhelm
Rudy giuliani has had a lot of not good days being president donald trump s lawyer. he has careened from one damaging new development to another, as we have all watched like this, but that day in may of last year, that was the best media day every for rudy giuliani. he said that special counsel robert mueller s office told him, they told president trump s legal team that under justice department rules they know they cannot indict president trump, even if they find that trump has definitely committed serious crimes. and the reference that giuliani kept making in all of those interviews that day, that phrase under justice department rules, that is a reference in fact to the standing internal justice department policy that says a sitting president of the united states can t be indicted. it s not a law that says a president can t be indicted. it s not written into justice department regulation. it s just a department policy. and it is a policy that derives from a very specific place.
we kept going, the next day, after the saturday night massacre, to let people in the white house know we were still open for business, i was making calls and keeping appointments. you were in the front row of that announcement. i think the group of the staff, you saw me coming out, i looked a lot different. i had a lot more hair and was a lot younger. apparently, in the case of watergate, it never got to that the determination was nixon could have been indicted for crimes. the impeachment of bill clinton, 1998, it is proper, constitutional, for a federal grand jury to indict a sitting president, contrary to the president s official duties, nobody even president clinton is above the law. do you concur with those findings? i think that is right but you have a justice department regulation, that wouldn t permit prosecutors to do that.
you told me you were in the front row of the announcement. there is also the group of the staff, you saw me coming out. i looked a lot different. i had a lot more hair and was a lot younger. let s revisit the question. apparently in the case of watergate, it never got to that but the determination was nixon could have been indicted for crimes. fast forward to 1998 and impeachment of bill clinton, ken starr writes a memo in 1998 in which he said it is proper and legal for a grand jury to indict for not official duties in this country, no one is above the law. do you concur? that s right. you got a justice department regulation that wouldn t permit the prosecutors to do that but what is that regulation? it s a regulation of the department. it s a department practice they are not going to indict a sitting president. a grand jury can indict the president but the justice department would not go forward with it?