you think the da will get them to flip. >> steve: real pleasure to have you on the couch. see you. >> ainsley: you have been busy, get some sleep. >> brian: run to the >> bill: gl morning, former president donald trump indicted for a fourth time last night out of atlanta yeah, georgia. prosecutor charging him with election meddling. as we say good morning i'm bill hemmer, tuesday here in new york. we have the godfather and godmother right here ready to go. >> dana: i'm dana perino and this is "america's newsroom." it's great to be with you today. that news coming in late last night. georgia grand jury returning a 41-count indictment against the former president and 18 others

accusing them of engaging in a criminal enterprise designed to overturn the will of georgia voter. >> the d.a. wants to try all 19 defendants together at the same time. she wants to do it within six months and that puts this thing on a collision course with the primary schedule. >> dana: the president and legal team are seizing on that saying the charges are politically motivated. chris christie is here with us. jonathan turley on deck with legal analysis. in atlanta jhonattan seary is standing by for an update. >> good morning to you, dana. former president trump is lashing out against prosecutors because of the timing of these indictments. mr. trump tells fox news digital quote, this politically inspired indictment which could have been brought close to three years ago was tail ored for placement with my political campaign where i'm leading all republicans. he has been indicted along with

18 others including former chief of staff mark meadows and former trump attorneys rudy giuliani and sidney powell. all 19 defendants are accused of violating georgia's racketeering law which carries a maximum prison sentence of 20 years. the indictment lists mccafe as the judge presiding over the case. he joined the superior court earlier this year. hours before the indictment an incomplete document listing the same charges appeared on the fulton county court's website before it was taken down. district attorney fani willis deflected questions about what happened. >> i'm not on expert on court duty or even administrative duties. i wouldn't know how to work that system. i won't speculate. next question. >> the d.a. says the 19 defendants have until noon on

august 25th to voluntarily turn themselves in. the sheriff says the current plan is to book them as he would any other defendant, which would involve a mug shot of the former president. back to you. >> dana: jonathan serrie. turley is next. thank you. >> bill: here is turley right now. jonathan, good morning to you. welcome to our coverage. here is the indictment. we use three sets of staples to put it together, 100 pages in length here. you read it. what do you make of it? >> it's excessive and i think it's also dangerous. it criminalizes challenges to elections. there is no limiting principle in this document. they are charging things like the president saying publicly we need to have a recount. democrats and republicans challenge these elections routinely. i have covered elections for various networks. i don't know how many now.

but we often, if not always, have these challenges. some are more supported than others. they aren't crimes. they are seeking judicial review. that assures the public that there is someone watching over these elections. what's concerning particularly about this is that willis didn't really show any semblance of restraint. she indicted everyone for everything she could think of. the jackson pollock school of prosecution. she threw it all against the canvas. i think she is hoping that some of these other co-defendants will flip. but having said that, i think that the trump team has to realize that this is a serious threat. not because of the merits but because as a racketeering case, it is very hard to take these cases up on appeal before trial. very hard to get them dismissed

on threshold questions. willis will argue she should have the right to present her evidence in trial in court. that is likely to be successful. also this is not a case that can be dismissed with a federal pardon whether by trump himself or by an elected republican. that's why this has to be taken seriously. >> dana: what about the fact that you have the federal cases of a similar nature, about january 6th, about election interference, and did she go for the rico charge because the federal case can't supersede her own? >> i think partially she went with the rico charges because she is quite familiar with it. this is a prosecutor who made her name bringing rico cases. also it allows for this type of overarching conspiracy. she is listing over 160 acts.

often phone calls, meetings, tweets. she just calls them all criminal saying they all were knowingly false. with that broad brush she is able to indict everyone and bring in 19 people into that courtroom. that's the benefit of using a racketeering approach. but it also increases the danger for the country in terms of how we will handle contested elections in the future. >> bill: professor, thank you. we have exactly 83 more questions for you. we're out of time today. appreciate yours, thank you for coming on today. talk soon. >> dana: joining us now is republican presidential candidate and former new jersey governor chris christie. you look at this as a former prosecutor. i want to ask you that same question. you have the federal case that you're familiar with and a state case. the federal case usually supersedes the state case but not here. >> this is why i'm uncomfortable with what i read last night.

i think that this conflict is essentially covered by the federal indictment not with the level of detail in this ute that's a style thing. election interference has been charged by jack smith and most of the time what you would see here would be a state court deferring to a federal prosecution, especially if that federal indictment had already been issued. so i think this was unnecessary. as to donald trump now. remember as to the other defendants, jack smith chose not to charge them. i would have less of a problem with this if she decided okay, i won't charge donald trump here, he has been charged for essentially this conduct by jack smith. but giuliani and meadows and others have not been charged at the federal level. that would be a more defensible indictment i think. >> bill: so you agree with what turley just said then. he called it excessive. >> i think it was unnecessary.

>> bill: why would you pursue state charges if you think by law they are already covered in these other cases? >> see. people view this and your question views it as a partisan decision. don't forget that these prosecutors all have egos and she has been investigating this thing for 2, 2 1/2 years. jack smith comes in in the last year and swoops in, he charges quickly and she says wait a second, i've been looking at this. this indicates there is not cooperation between her office and the special counsel's office. i'm sure he wanted her to defer. she chose not to. so what i would say to the viewers don't necessarily look at this as a partisan decision. this is probably an ego decision where she said hell, i put all this time and effort into this investigation and i want something out of it. >> bill: they were saying the same thing about alvin bragg in new york as well. >> that's why i think people immediately put it into -- when there are opposite parties into

a partisan. i can tell you from having done this that often i would get on the phone with a local prosecutor when investigating the same thing and say to them i need you to stand down. the problem here is i did that inside new jersey where those folks had to continue to work with me after this case. here they don't have to work together. and so there is less leverage that jack smith has against a fani willis or alvin bragg to say back off because you will need me later on something else. don't do this for an ego boost. which is i think what she did here. the other part what jonathan said as well. the conduct that underlies here is not just a simple election contest. donald trump had three counts of the vote here in georgia, the original count, machine recount and then a hand recount. all those things were given at his request, the last two in particular. he also was able to contest

these things in court in georgia and did not win. all that stuff i would say is absolutely legal and within his right to do. where this starts to be problematic for him was the electors and pressure being put on folks after all these counts happened and that's where i think his exposure is in the federal case and also here. >> dana: this is the trump court dates that clash with the campaign trail. you are aware of those. >> try to be. >> dana: i'm sure you are. in addition to that, if you look at the statement that he gave to fox news digital last night. this is from president trump himself. this politically inspired indictment that could have been brought three years ago was placed in the middle of my political campaign leading all republicans. is there something to that? >> nothing. and if she had charged him three years ago, he would have said what a rush to judgment. there has been no investigation.

no one has looked into this and now they're charging me for political reasons. he wants to have his cake and eat it, too. if the charges that happened three years ago he would have said there was no investigation and rush to judgment. if they happened after a full investigation he says now it's time to work with the campaign. look, running for president is his choice. no one else is making him do it. it is not an excuse not for the justice system to continue to operate. i think all of these judges in the end will make decisions based upon reasonable availability of all the witnesses and everyone else. and in the end what donald trump has to deal with this, this is not a civil case. he has never been involved in criminal cases before. he has been involved in civil cases that he can put off like no big deal. he is out on bail. in three different jurisdictions. usually when you are charged people -- often people are remanded and stay in prison prior to the trial.

he has been given released on all three and be released on the fourth one. >> bill: i want to talk about your campaign and what is expected in a moment. one more question. everyone lit their hair on fire when the phone call was recorded on raffensperger. the key line i went back and listened this morning trump says look, all i want to do is this. i just want to find 11,780 votes. he says repeatedly in my opinion this is what we should do. an my opinion, etc. if he is speaking his opinion, is there a crime in this conversation? >> well look, i think that's what a jury will decide, bill. what i would say to you is when you listen to the entire conversation, his problem is that he -- you combine it with the other conversations he is having with bryn kemp and other officials in the legislature and the leaders of the legislature, he was attempting to do

everything he could to get that result and putting pressure on them. >> bill: dershowitz argued last night they were doing the same thing with al gore in palm beach county. >> except when he lost his legal shall edges he conceded the election. al gore took it to the united states supreme court and availed himself of the legal challenges and when the courts were done, al gore said i still don't agree with it but the courts are done. i'm backing off. donald trump has been much different and i said this to the president in december of 2020 the last time he and i spoke. you availed yourself of the courts there is nothing left. you need to concede the election and he said i will never, ever, ever admit it. well, look, if you are going to continue to use the power of the presidency, which he was doing, to put pressure on people, you are going to put yourself in a

dangerous circumstance and let's take it aside for a second from the criminal. we can't normalize this conduct. this has never happened before in this country ever. where you had a candidate for president of the united states conduct himself in this way to disrespect the election process in this way, to refuse to accept the verdict of the voters. and what does it say about his judgment, guys? what does it say whether or not he is fit to sit behind that desk? is this really -- and by the way, here we are this morning and i understand why we're doing it and happy to talk about it because of my background, but we're not talking about what joe biden is doing to this country or talking about the porous border and -- >> dana: the trump people would say it was by design to be able to let him do that. >> he has made the choice for the last 2 1/2 years this is what he has been talking about.

he spent most of his time before being charged with anything, all he has been talking about is the election was stolen. when he was on another show with bret baier a month or so ago and bret asked him how are you going to get people who didn't vote for you to vote in 2024 he said i didn't lose in 2020 before he was charged with anything. >> dana: we have trump 54, desantis 17. your polling in new hampshire is better. a week from tomorrow we'll have the debate. what is your plan if president trump isn't there? >> no different. we need to make the case any one of us on that stage, we need to make the case to republican voters why we're the best person to beat joe biden and i think by donald trump not being there, he is showing everybody what a problematic candidate he is against joe biden. he won't be there because he doesn't want to answer to all of these charges. he doesn't want to be questioned by other candidates about all

these charges. he can't avoid that forever. >> bill: is that a challenge? >> it has always been a challenge, you bet. >> bill: a challenge from you to him? >> if he doesn't show up, he is a coward. >> dana: will you sign the pledge? >> of course i will. >> bill: it seems you are playing for new hampshire. >> initially. >> bill: a poll an hour ago trump 49%, desantis 8%, you 9%. you have work to do. >> let me tell you something i'm in the race for 2 1/2 months and gone from nowhere to second place in new hampshire. if you are governor desantis this morning you will wonder what the hell happened here. he has been the presumptive front challenger since before he was reelected governor of florida. i'm now past him in new hampshire after 2 1/2 months. yeah, my first goal was to get there. my next goal is to beat donald trump and if he is not willing

to show up at the debate what he is saying is he is unwilling to do two things. to defend his conduct both at the end of his presidency and since he left. and unwilling to lay out his vision for the future how to beat joe biden. he needs to do both. republican voters have the right to hear that compared to the other candidates. >> bill: dana asked you if you will sign the pledge. >> they haven't sent it to me yet to sign. i spoke to her over the weekend. they are reviewing all the donors. they verify that you do a data sharing agreement. all your donors are there. they are going through that process with my campaign now. as soon as they're done with that she will send me the pledge. i called to tell her that when you send it, i will sign it. the most important thing is to be on the stage so our voters get to make an informed choice who can beat joe biden.

donald trump is damaged goods. >> bill: we're in for a big night in milwaukee in eight days. >> look forward to seeing you. thanks for having me. >> bill: 17 past. there is this now. roll this from hawaii. what a story. >> prayers, perseverance. that's what we need. this island and this state will never, never lose their faith. >> bill: show of resilience of the most deadly u.s. wildfire in 100 years. the government's initial response. there are questions. will cain on seen and we'll talk to him in moments. >> dana: the white house says president biden's hands are clean when it comes to hunter's business dealings. does evidence say otherwise? >> bill: the former nba player making a stark point about trans

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>> leadership has been slacking.

they just haven't been giving us hope or proving to us that you guys are doing what needs to be done, you know? all over the states, especially here in hawaii. you need to step it up and just prove it right now. prove that lahaina will come first over everything right now. >> dana: troubling questions about the response from local leaders and president. 99 people confirmed dead hundreds more still missing. that number will likely go up. will cain is the co-host of "fox & friends" weekend and spent much of his life in maui. you were on the ground yesterday and didn't have a chance to survey the situation. what's your take now? >> i think -- i believe we're the only national media presence in west maui. there are checkpoints set up to cordon off the entirety of west maui from the world. i mean that physically and informationally. hard inside the zone to get any

accurate information. you have to see it with your own eyes. as a consequence of that it is chaos, confusion. nationally there is crazy conspiracies about what is happening in west maui. i put it in part on the politicians. joe biden and that type of politician saying no comment for what it's worth. former president trump has made a comment about maui. but here locally they tried to kick us out yesterday. we were reporting on relief efforts showing good work that citizens are doing. an officer from the mayor's office said that west maui is a media-free zone. i'm sorry, this is the united states of america. we still have the united states constitution. so we're here and what i have seen, dana, when you get to lahaina it's a city reduced to gray ash, not hollowed out buildings. but all the way to the ground. you can literally see from one end of town to the other because there is nothing to obstruct

your view. i will say, dana, what i have also seen. you saw that interview with the man who lost his home. 200 years he lived here. plantation home gone. he has a gofundme maui fire where they want to rebuild their home to what is hawaii without hawaii? to bring back the people and bring back that culture. that's the story i'm finding. a lot of disappointment in official leadership. a lot of disappointment in politicians. a lot of inspiration in people, in community and americans. >> bill: on this point a former state lawmaker said this, call for number two. i campaigned for you, now when i lose dozens of my friends, family and neighbors, this? and on the tweet you can see a picture of joe biden at the beach in delaware. has that gotten around out there? >> you know, when you say has it gotten around i will emphasize this. west maui is cut off.

i can text and i can call but i don't get the internet on my phone. it is hard. we have a star link and how i'm broadcasting to you now. that's how you get messages out. it is hard for messages to get in. i will tell you, i will respond to that. i will say to this, why are we capable of sending billions to ukraine -- i'm not here to talk to you whether or not it is a should or shouldn't. i know that we are. sending billion else to ukraine. and the response to maui is no comment. explain that to me. this is the united states of america. i want to say this while i can with you, i want to be a part of the solution in this community also. we put up a gofundme, help the people of maui. i promise your help is arriving and i'm going to make sure it gets to the people of west maui. >> dana: people can rest assured of that if you are there and in charge of it a dollar won't be wasted. >> bill: maybe we'll get

something from the white house today. thank you, will, talk to you later. >> thank you both. thank you. >> there are reports you say you have the lowest approval rating of any vice president. how much role, if any, race and gender you think play is that. >> polls i have great approval rating. >> bill: kamala harris raising eyebrows, an idea being floated to get her off the democratic ticket. the showdown over parental rights. a judge set to rule on policies concerning kids and gender identity. we'll take you live to the courthouse as we await a key ruling today.

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away. >> when you send it, i will sign it. >> bill: the former new jersey government will sign the loyalty pledge before the big debate. here to talk about it karl rove and harold ford junior. welcome to the program. karl, begin with you. how important is that pledge? >> well, it's a path to get on the stage. if you don't sign it, you don't get on the stage. you know, chris christie is being a little clever on this saying he will sign it but also said, you know, he won't feel bound by it. he will treat it with the same seriousness donald trump treated the similar pledge in 2016 where the former president, then presidential candidate said i will sign it, but i'll -- i'm a free agent when it comes to the november election if i'm not the candidate. >> bill: you can sign it and we've seen it before, right, harold, 2015? >> no doubt about it. good morning. thanks for having me on.

i thought your interview with governor christie was revealing in so many ways. i would agree it's a way to get on the stage and have an opportunity to challenge, lay out your vision and to challenge the frontrunner in a presidential race. i thought his take on the indictments and particularly the georgia and jack smith tension between the indictments or the cases as well as laying out really factually what happened in georgia i thought was as revealing and frankly as telling as anything we've heard. if i were jack smith and d.a. in georgia i would play that back if i was able to in a courtroom at the start of their cases. >> bill: turley called it excessive. christie agreed with him. karl, you heard that, right? >> yes. look, lots of people involved, lots of accusations. some of them appear very serious. but, you know, like the people who signed up to be an elector

are in the same -- are in the same basket of defendants as somebody who said go find me enough votes to overturn the election and they are also in there with people who were literally burglaring a county office to get access to sensitive classified, if you will, voter machines and their programming in order to try to find if there was some illicit activity going on there. it's a gigantic basket of seem. some are important, some don't seem to be important. >> bill: we'll see if it gets to trial before november of 2024. a two-tier system of justice a million ontimes between now and next november. hunter biden has a deadline today of 12 noon. the judge wants to know what his lawyers want to do next. watch here. >> the president was not in business with his son. that still stands. and just don't have anything else to add? i have been very clear about

that. the president has been very clear about that. they kept turning up documents and witnesss showing the president wasn't involved and did nothing wrong. there has been 0 evidence showing otherwise >> bill: harold, what's next after the judge reacted the way she did? >> i think the judge -- one of the things that i think is lost in all of this is judge did what she should have done in that case. whenever someone, an american citizen enters a guilty plea they go before the court and the court avails them of an opportunity to understand what the reverberations and ramifications are after entering the plea. is there an agreement or meeting of the minds between the prosecution and defense about what this plea means and what going forward means? they did not have a meeting of the minds. mr. biden's team thought it meant he was immunized from prosecutions in a whole range of

things. and justice department said that's not the case. so now it's off. it seems as if they may be trying to negotiate a deal. listening to mr. weiss the other day he said the plea deal was off and also i thought the most alarming thing for the white house is he said that he could not assure that president biden was not being investigated. so for those who think that weiss somehow is a puppet of the white house, i would imagine the white house would wish he was a puppet in light of what -- he is not. i think going -- >> bill: karl, you wonder. i didn't mean to cut you off, harold. >> young mr. biden is not out of the fold here. he has some challenges. >> bill: i was going to say. karl, you don't know what's behind door number two. with the special counsel how does hunter biden's team recalibrate and does it get closer to the man in office? >> it all depends upon the prosecutor weiss if he goes after him hard. what was the $20 million in

foreign payments? who participated in that? what did you do in return for that? was it influence peddling? in a certain way president biden has already lost this issue. the idea that his son is out there in a very public way. remember, burisma hits the front pages of american newspapers in realtime for nearly two years. his son is on the board of a corrupt company in ukraine and his father is in charge of making sure corruption is dampened down. he should have said get off the board, you are embarrassing me and running counter to the policy of the united states government. >> bill: gentlemen, thank you. noon deadline. two hours and 20 minutes to go. see what we get there. harold ford junior see you at 5:00 with dana later today. karl, thank you for your time in austin. >> dana: three weeks until the start of the new jersey school year and a judge is set to rule today on parental rights in

children's gender identity. three school districts have a new policy that teachers must tell parents if their kids ask to change gender identity. while the judge will rule on whether to block that policy after the state sued those districts. nate foye live outside the court in new jersey. hi, nate. >> yeah, according to the court schedule the hearing got underway a half hour ago. and we have some protestors out here today as a result of this. an announcement is being made right now and see what is going on there. essentially the state is arguing that in grades as young as kindergarten teachers should not be required to notify parents if a child makes an official request to change their gender identity. it would even apply if the kid was being bullied at school as a result. the parent could still be left in the dark. the three school boards pushing back against the state argue they have ever right to know

what's going on with their children. >> this isn't a partisan issue because 99.9% of all parents will raise their hand and want to be involved in their child's life. there is a hill to die on. this is the hill we die on. >> governor murphy writes these policies pose a serious risk to the mental health and well-being of our lgbtq plus students. transgender activists protested outside and inside a middletown school board meeting in june. >> it is not your place to decide whether somebody stays at home or not. >> but of course on the other side parents who elected school board members to represent their values tell fox news this is ridiculous and parents should know what's going on with their child. >> this is for our middle school and under age groups. these are babies. these are minors. these are children who need

their parents to be aware. >> again we have 50 parents supporting the school boards today. ten transgender activists. you mentioned school starts in three weeks. today's ruling will have a rather immediate impact. we'll send it back to you, dana. >> dana: lots of interest in this today. thank you so much for being on the case, nate. >> you got it. >> dana reads sports. >> dana: hemmer, you love august but here is a sign summer is flying by quickly. the associated press releasing its college football rankings. georgia is the team to beat. the two-time national champs topped the poll of the top 25 teams. michigan number two ahead of ohio state. is that you? >> bill: why, i'll take that. >> bill: alabama and lsu 4 and 5. i had georgia, michigan, ohio state. then i had clemson.

number eight is florida state, i do believe. do not let august pass you by, perino. >> dana: you bet i won't. >> bill: golden days. two years ago this week, the fall of kabul, we watched it together. the chaotic u.s. withdrawal in afghanistan paved the way for a taliban takeover that they have today. a former marine that brought home 100 americans stranded is here next to talk about that. $0.50 shares $0.02 about the viral smash and grab. he is not too pleased with the state of affairs in his town of los angeles. consolidate your debt with a va home loan from from newday. ♪ with wet amd, sometimes i worry my world is getting smaller because of my sight.

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>> dana: rapper $0.50 would only get worse with a no bail policy. after a mob of 50 robbers went to in order stromas. he said i told you l.a. was finished. host of the money show. this can't go on, right? the mayor of l.a. said it was unacceptable. friday we covered a story where it happened. this happened over the weekend. if it was unacceptable, wouldn't

action be taken? >> it can go on as long as you have no bail. the people who did this said we did it and everyone is outraged and nothing is being done which means let's do it again. it is criminal entrepreneurship. these guys are smart and know the rules and boundaries they can plan and boy are they playing. they get everything they want. >> bill: another rapper said we aren't done yet, just getting started. oh boy is right. he tweeted in july about the no-bail policy said it is just the start of something that will end badly. >> san francisco mayor london breed asking for $25 million in overtime for police. she realizes the city is not making it. brian and i talk a lot about where are the companies? we're in the middle of the retail earning season. the companies need to start speaking out. the last earning season target coming out with shrinkage of saying left and $5 hundred

million about the impact to their bottom line from this stealing. it is organized crime. you need the ceos to say we can't operate like this. >> nationwide $1 hundred billion problem. you can't call it shrinkage anymore. they say we are being robbed blind and mayors need to do something. >> dana: other reasons the ceo should ask for more help in changing of policy what about the workers? they have to sit there and put their lives at risk? >> they aren't safe. it hurts their pay. this has to come from somewhere. customers and everybody else talk about inflation. part of inflation is the fact you pay for stolen goods. families are getting hit. >> when you talk about the workers we had a great interview about robots acting as security guards. is that enough to deter a criminal? they know they are being watched. they know there are cameras. for robots taking im pages does

it stop you from continuing to steal? that's a conversation we have to have. >> bill: you are on the air at fox business. what are you hearing about student loans? a movement now where a court rejected the standing of these two conservative groups who brought a case. so the relief for a percentage of about 800,000 americans has begun. >> yeah. biden couldn't do it in a big way. he will do it in a small way over time. hoping nobody can bring suit. what the judge said if you are a taxpayer getting fleeced and you don't have student loans and now you are paying too bad. you don't have any standing in court. this is just a political problem. you better vote for a different policy. the courts aren't going to help you on this one, i guess. >> dana: this won't change the behavior of the universities. >> we've done tons of studies the top 70% of the bail-outs go to the top 60% of income earners. it is hugely inflationary.

not solving the problem. >> bill: thank you for being here, you are good and smart. you look great. hang tough. see you guys at 1:00. back in may homeland security secretary mayokas promised to promptly remove any migrant caught crossing our border after title 42 expired. new video shows quite a opposite happening today. we'll show it to you. we'll show it to you. great news. with a lower rate va home loan from newday. rates on credit cards have gone up to 22%. for late payments, as much as 30%, more than three times higher than a newday va loan. so pay off your high rate debt with a lower rate newday home loan, and you can save $500 or more every month. somedays, i cover up because of my moderate to severe plaque psoriasis. now i feel free to bare

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♪ >> bill: ready for that? >> dana: i have a colleague on "the five" who won't like this story. greg gutfeld. christmas is early this year. lowes is already selling christmas trees and wreaths online. much earlier than previous years. home depot debuted its collection online. inflation.

spreading out sales helps people budget for the holiday season but i'm not buying that. >> bill: i'm not, either. in december we get our tree and send you a picture and you'll love it. had a real one last year. that was a step up for me. the navy says joining the army and marine corps as military branch without leaders now. austin said it is the first time in u.s. history after alabama senator tommy tuberville is protesting a defense department policy that gives support to service members seeking abortions if they cross state lines. may not be solved probably until the month of september. >> dana: the members when they get back decide they need to have a vote or that or will schumer start calling these guys up one-by-one, the military men and women to see if they can get it done that way? he doesn't want to waste valuable floor time. d.o.d. is not budging.

they say they didn't change their policy. there was a change after the dobbs decision. it would seem they changed it. that's all we have here. a big next hour. the biden white house promising to secure the southern border against illegal immigration following the expiration of title 42 back in may. they insist that the borders are not open. remember this. >> if anyone arrives at our southern border after midnight tonight, they will be presumed ineligible for asylum and subject to steeper consequences for unlawful entry. >> dana: it's now three months later and brand-new video exclusive to fox tells a far different story. a non-stop parade of migrants continue to cross the border illegally into america. welcome to a new hour of "america's newsroom," i'm dana perino. >> bill: a big first hour. good morning to you. big second hour still to come. i'm bill hemmer good morning. instead of securing the border and turning away migrants caught crossing illegally the administration is