january 6th events in 2021, what happened, the message that it sent around the globe, around the world, to our leaders, to world leaders, how dangerous it is, our democracy, how important democracy was or is, continues to be, obviously and he was asked, he was asked when he was, after he was elected when he went to the g7 he said and you saw this, it was something that we were saying throughout that trip america is back, america is back and what was asked of him was for how long. and that whole story is just to reiterate, to really land, obviously, how important what we saw at that event, how important it is to continue to fight for our democracy. and also how important, how important it is, united states, you know, their leadership, our leadership here in the globe. and so he never thought, this is someone who was a senator. he was a vice president.

he has relationship with some of these world leaders for decades and he never thought that he would hear that and so you hear him say that, you hear him talk about it. another part of it too how unprecedented, how unprecedented that moment was on january 6th when a mob of 2000-person mob went to the capitol because they were lied to about the results of the election. because they wanted to overturn the election. so, just really want to make sure that we get that, that we understand why -- the reason he was telling that story and look, you know, look, as it relates to the names and what he was trying to, you know, what he was trying to say, many people, elected officials, many people, you know, they tend -- they can misspeak sometimes, right. and look, let me give you a

couple of examples. you know, on sunday, speaker johnson said iran instead of israel. this happens. joe is not here, many times i call joe from u.s.a. today michael, i'm sure he does not appreciate that. [laughter] i have apologized to him many times. now i call him joe-joe. because the president calls him joe-joe. and also sean hannity said jason chaffetz when he met matt gaetz. >> sandra: little reaction or words from the white house in response to what we heard from the oral arguments from the supreme court earlier. of course, andy, the first question we got in there on was a question to the white house about the her report, the special counsel report into the president's handling of classified documents. any thoughts on what you heard there as they do anticipate

that? >> the report likely to come out on the friday before the super bowl? look, i think what you are going to have to deal with here is a report that is -- is going to underscore that biden may technically have violated the espionage act and he has not been charged with it. and trump has a -- he's looking at an indictment with, is it three dozen counts in it, maybe more than that. you know, they could have, in the mar-a-lago case, just made that an obstruction case. what they have said over and over again is that the reason for treating the two things differently is because supposedly trump fought the government for the whole time as they tried to retrieve these documents, whereas biden we are led to believe was totally cooperative with the fbi as they

tried to look at his different locations. you know, if you wanted to handle the case that way, you could have just tried him in florida for the obstruction stuff and left the classified documents out of it. the biden justice department and its special counsel decided that those documents should be a big part of the case down in florida, and if it turns out that biden has engaged in the same kind of behavior and is not being charged, i think that's going to be a major issue. >> john: i want to come back for a second to what karine jean-pierre was asked there at the end and bounce this off of both ari and kerri, who were both spokespersons for administration's. she was asked about joe biden saying he had a meeting with helmut kohl after he was long dead. and what did you make of the

tortuous answer that she gave? >> i think if she was not working for joe biden might be a good answer. everybody mixes up names now and then but joe biden does it all the time. and not just this week he could not remember the name of hamas, he had to strain his thinking, you watched him on live tv try to recall what the issues were he was briefed about between the negotiations between israel and hamas. he had been briefed hours earlier, he could not remember the details. so it's not just that he says he was talking to a dead man and the dead man said the following. he doesn't remember the substantive material that is briefed to him and that is dangerous for the president of the united states. that is the bigger issue, john, that's what happens when you have an 81-year-old president in decline. >> john: haley joe osmat is the kid from the movie "the sixth sense." >> one thing that frustrates me

about the current white house press secretary, she does not, a good example, to ari's point, it's tough when you have a principal that speaks as much as he does and painful to. given the decline, but own it, he misspoke. people misspeak. number two, the defense is not january 6th. january 6th has nothing to do with joe biden's decline and the misspeaking that he consistently engages in. and i just say three, if your principal makes a mistake, not the time to say but oh, so and so down the street does that too sometimes. no, no, your job, that's what you need to do. >> sandra: thanks to all of you for joining us. we do want to alert to new york city as we are awaiting this big moment here in manhattan, john. >> john: a live look outside the manhattan district attorney's office, new york mayor eric

adams and the district attorney, alvin bragg, are expected to announce new charges against the migrants involved in that brutal beat down of two nypd officers. welcome back as we continue with what has so far been a whirlwind program. buckle up, here we go again. >> sandra: this is "america reports". john, you know the country has been watching what happened here in new york city when the police officers were beat by the migrants. police have arrested six suspects, they believe four of them have since fled new york city, and they headed towards california. d.a. bragg has been facing criticism over his handling of the case and letting those migrants free. nate foy is live as we await this here in new york city from our newsroom. nate, we'll certainly be listening to hear what they say about this. hopefully an update on where these guys are. >> absolutely, sandra. this attack obviously just made

so many mad. it was supposed to start at 2:00, mayor adams will be there along with alvin bragg announcing new charges related to the time square attack. you see the empty podium. and new surveillance pictures released by the nypd, two guys are both accused to have been part of attacking those two nypd officers and the man in the red who you see right now on the screen is seen in the video repeatedly kicking one of those officers. now again, about two dozen people are on video attacking the officers last month, take a look at the next video. police arrested six of them. and four of them are believed to be headed west to the california-mexico border. ice sources told fox the group was caught in arizona, fox then

confirmed they are still out there. all but one of the migrants were free to skip town after being released after their arrest. d.a. bragg defends his decision to not request bail for several suspect the, he says he's proceeding cautiously to make sure the correct suspects are identified. take a look at the next video, the migrants who were released taunted photographers on their way out of jail. you see the gestures that that man is making right there, another migrant while walking out of jail, you see right here, we blurred it out for you, giving double middle fingers to the cameras while walking away. only one migrant is still being held on bail in new york. he is set to be arraigned next month. several others involved in the attack have yet to be identified. now i mentioned these two surveillance pictures at the beginning of the report, we don't know for sure if those are the guys that could possibly have been arrested and hopefully more people have been arrested and we are hoping to learn that

shortly. but the nypd commissioner says that this is a migrant crime wave washing over new york city and of course, that video again made so many so mad, but police are also warning new yorkers about migrants using scooters to steal phones. seven arrests announced on monday, they stole phones and then hacked into people's bank accounts and overnight "new york post" said they are stealing jewelry. on top of the financial burden, there is a safety burden as well. hopefully we are about to learn about more arrests. >> sandra: nate, thank you. more than 170,000 migrants have arrived here in new york city since 2022. they obviously officials were hoping to get more federal help, this is costing the city a lot of money. and a lot of different ways. and we know this latest outrage is over the credit cards offered to the migrants, all at the taxpayers' expense.

and now you've got cops getting beat up on the street. you've got everyday residents here terrified to walk the sidewalks. it's been a horrible situation, and we do hope we get some sort of update on what is happening with those that attack these police officers when they hold this briefing a short time from now. >> john: i'll be interested to see if the perpetrators and the latest charges are charges that are bail eligible or if they just get let out on to the streets, no bail, like the previous ones. >> sandra: and alvin bragg has had a camera in his face since they were let go, walked free after it happened. we saw that happen. alvin bragg had cameras in his face, no comment, no comment. he is behind the decisions to let these people go and not hold them accountable for something so atrocious. >> john: seems some degree of pressure on him here, justice served or political.

we'll see. president biden bracing for a potentially damaging report how he handled documents in 2022. records were found at a biden think tank in washington and also inside the president's delaware home and in his garage next to his corvette. >> sandra: the report could be released any day, and there are fears that the details could hurt his 2024 presidential campaign. jason chaffetz will join us with live reaction, but jacqui heinrich is live from the north lawn for us. >> this report really could come any moment now. merrick garland committed to publicly releasing as much of the report as possible once the white house had completed its review for executive privilege and we learned from the white house that was wrapped up. notified doj around 9:00 a.m. and told the president chose in keeping with the pledge of transparency not to assert any

privilege over any portion of this report. we know that the white house is not expecting any charges to come from the special counsel, robert her, but they are reportedly concerned there might be some embarrassing details how the documents were stored, potentially also including photos. abc has also reported that staffers from junior staffers to senior officials, senior advisers here reportedly lobbied the special counsel to be able to look at the draft report before it was publicly released claiming that her might miss some factual context. but according to that same report, the special counsel rejected that request. there's been ongoing concern the case could hurt the president's re-election campaign and allow voters to draw equivalencies between former president trump and the legal challenges that he's facing and what the president did with these documents. there's also some expectation among the press corps, at least,

that the president might speak to this today. you'll recall he said earlier in the week that on thursday he will take all of our questions. later this afternoon he's heading to the democratic retreat in virginia. so there's a couple hours this afternoon where he could potentially make good on that promise and the press secretary appeared to be somewhat rushing through the questions, cutting people off after just one, and wondering if the president will nip it in the bud and speak to the contents to get his comment into the news cycle as we all learn what the special counsel found. sandra. >> sandra: jacqui, thank you, and the briefing is still ongoing, they are on matters much different than what we were following at the supreme court this morning, john. >> john: oh, well, you know, that seems to be the way it always goes. jason chaffetz, fox news contributor and former utah congress, the report will come

out on the friday before super bowl. do you think that this could potentially hurt the president politically, even if he's not charged with an offense? >> yeah, look, on the political side, the idea that joe biden as a senator potentially took documents and had them in a non, you know, classified documents. you cannot take them as a senator. there is no scenario which a senator can take classified documents. the pictures that may or may not come out as is showing there on the screen, you know, he said they were secure in his garage. he doesn't have secret service protection at this point in between, you know, while he was in between elections. he didn't have the secret service protection. and on the legal side, if there are no charges, chalk this up as another example of the unequal application of justice. donald trump is charged with it. hillary clinton, she had lots of classified information in a nonsecure setting. did she get charged, no. did joe biden, if the report is

true, he's not charged, again, another example of him not being charged. >> john: i'm sorry, jason, stay with us. don't go away. press conference, alvin bragg speaking in new york. >> safest big city in america and thank our partner, day in and day out and also on this important investigation chief of detectives kenny, joseph kenny, phenomenal partner so instrumental to all we do with the new york county district attorney's office. a grand jury has returned an indictment on seven individuals for their roles in assault on two police officers in times square on january 27th. this assault as it did to many of you sickened me and outraged me. we all rely on our members of the nypd every day as i said to keep us safe and keep this the safest big city in america. as a lifelong new worker, i do

not tolerate attacks on our police officers and certainly i do not as manhattan district attorney. so, i'll be clear, plain and simple, the behavior depicted, many of you are seeing is despicable. as i said, collaboration really is the key word here. today's indictment follows a painstaking joint investigation between the nypd and manhattan district attorney's office involving a number of investigative steps. videos some of which you have seen in the public forum, additional video, body warn cameras, interviews and covert investigative law enforcement steps that we are not at liberty to discuss. the level of review was meticulous because it must be. it must be because that is the work we do day in and day out to present cases in a court of law. we have to ensure that we identify and charge those individuals who actually committed criminal acts in this

matter. the only thing worse than failing to bring perpetrators to justice would be to en snare innocent people in the criminal justice system. i stand here today confident that we have identified the roles of every person who broke the law and participated in this heinous attack. there's been a lot of information in the public forum, a lot of misinformation, and so i want to take some time, this may be a little different than other press conferences, i want to walk everyone through the charges here, some video, we have some still footage taken from video and i want to really focus on each individual's charge role. these are allegations. as many of you know, the five who were arrested last week, additional people who are charged in the indictment as to

them, since they have not been previously arrested, indictment is sealed as to their names. but the indictment in total is seven individuals. the five who have had have had their felony charges, one second degree, and tampering with physical evidence, and remaining two charges are unsealed. i want to -- and the mayor and the chief will indulge me, walk through -- we all know the date and the time, the matter begins with interaction, 220 west 42nd street around 8:30 p.m.. two police officers instructed the defendants to move along, to west 41st street, and officer eventually grasped mr. brito and moves him toward a building. thank you so much, appreciate that.

he then attempts to escape and struggles against the officers. and then we move on to what i want to walk you through here. so we start with mr. gomez ezikiel, still photos taken from video, charged with grabbing, or offensive conduct is grabbing an officer and as you can see depicted here, kicking another officer. the charge is assault in the second degree, two counts, obstructing governmental administration, and i want to do this for each of the charged defendants and you know, these are of course our allegations, our charges, we must prove them in a court of law. mr. reveron depicted here in all white, the alleged offense conduct is grabbing, pulling and throwing two officers to the ground. you can see his two hands on the

back of one of the officers, again moments in time taken from the still footage and from the video footage. the top charges against him are two counts of assault in the second degree, a class d felony and again a charge of obstructing governmental administration. now i want to move on to two individuals, mr. juarez and mr. rocha, neither of them touched either by kicking or pushing or grabbing the officers, but engaged in other offensive conduct. go back a slide, mr. arocha, you can see him a bit off to the side from the officers, the video depicts he is about to or just has struck with his foot a radio camera, radio of one of the officers. he is charged with assault in the second degree and also

assaulting governmental administration. i should maybe pause and remind everyone in addition to principal liability under the code, we have accessory liability for those who aid and assist. mr. juarez depicted here in a gray jacket with his hands in his pockets, he watches this assault from a distance but eventually gives up this gray jacket he is wearing to mr. brito, another one, and then discarding that jacket. so, he's charged with -- top charge of tampering with physical evidence, going from this, the stark yellow which many of you have seen on the

publicly available evidence. probably goes without saying but underscore it, this changing of clothes, obviously is, you know, makes it more challenging to identify people, certainly in realtime, and we suggest and allege it was not done by coincidence but done in fact to achieve that end of making it more challenging to do these identifications. so, mr. brito is quite literally at the center of this assault. he's the person on publicly available footage who is in the middle. he is the person who is wrestling with and doing other things with the officers on the ground. he fled the scene and was arrested on january 31st. he's been held on bail since february 1st. he is charged with two counts of assault in the second degree. obstructing governmental administration. tampering with physical evidence

and hindering prosecution in the third degree. so we have two other individuals under seal, the general conduct charge is they assaulted the officers, kicking and grabbing their legs. but since they were not previously charged in complaint, those names are sealed. so i next want to move on and talk about four other individuals and we'll talk to you about their offense conduct. you'll see some of the challenges in the investigation. these are some of the best photos taken from the video, they are not, you know, frontal close-ups, so they depict the conduct, but let me just walk through them. the first individual red

sweatshirt white hat on the far left, it is our contention that he kicked an officer's head multiple times and grabbed and pulled the collar of another officer. he is unapprehended. again, we know from these stills it's very challenging to identify persons but one of our hopes today and one of the reasons we are here today is the totality of this, the aggregate, hopefully will help the public help us to locate individuals. the second individual shown in the black puffer jacket, head turned down with the cap on, our contention he kicked an officer in the head and some of the most significant conduct on the video and we want to bring these folks to justice and finds them accountable. the third showing, let me go to the -- showing the pink

sneakers, i don't know if you can make it out, apologize if i'm blocking it, kicked an officer at least once. the individual charged with this conduct initially was mr. bota, and investigation is ongoing, and the fourth investigation kicking the officer in the foot. so, in the aggregate we hope that being here today, we want to let you know what the charges are and also side-by-side with the charges with this conduct very serious charges conduct hoping to enlist the public's support. to that end, let me give a phone number if anyone with information can call, 212-335-9040. i thank you for your patience on these important matters. our job is to follow the facts, build cases that stand in the

court of law so we can get accountability and we will continue to do so. i'm privileged to do it with great partners in the nypd and with great leadership from our city. so i now want to turn the podium over to the mayor of the city of new york, mayor eric adams. >> thank you, thank you so much, district attorney bragg, and the entire -- our investigation apparatus and throughout the weekend and week the district attorney kept the nypd up to date and we communicated several times and it was clear of the complexity of apprehending the individuals involved and he wanted to get it right. he was very clear that some of the video surveillance and some of the pictures, and some of the switching of clothing not only shows the thoroughness of the investigation, but how sophisticated these individuals were that understood they could

switch clothing to throw off the investigators, but that did not happen. using the investigatory tools that we have we were able to bring these individuals to justice. and i want to just reemphasize what the police commissioner stated, because i heard often times he was quoted and his terminology of this apparent crime wave that some of the migrants and asylum seekers that are coming here for wrong things are doing, the overwhelming number, 170,000, they want to finish their next leg of their journey of pursuing the american dream but there is a small minority that's participating in illegal behavior, and just as you have a gang that's participating in illegal behavior, the bloods are doing something wrong in the neighborhood, that's a crime way of gang behavior in the neighborhood, it's not an indicator of all those who live in the neighborhood. we are going to pursue anyone

that commits a crime. if they are long standing new yorkers, or if they are new arrivals, and that's what we are doing. but in no way should we give any indicator that the overwhelming number of migrants and asylum seekers are law abiding and pursuing the american dream. and this district attorney's office and the nypd will partner with each other to pursue those who break the laws in our city. this was a despicable act. it was not only an attack on the individuals who wore the police uniform, but it was an attack on our symbol of justice. that uniform that shield is representative of our public safety belief. that's the prerequisite to our prosperity. the district attorney is doing his job prosecuting and if found guilty and suitable the federal government should do their job and deporting them from the city. if you commit a dangerous violent act, we are all going to

do the job, a role to ensure public safety remains in the city and across our entire nation. again, just really want to commend the d.a. for their discipline for how they meticulously went through this case to make sure the individuals who are involved, we are apprehending the right individuals for doing an act that we witnessed all, it was a chilling act that all of us witnessed. again, thank you so much, d.a. bragg. >> [indiscernible] >> thank you for the question. so, there has been -- i think you are aware misinformation, certainly has been misinformation about apprehensions, i think arizona was one, the people arrested there are not affiliated with

this investigation in any way. that's the information we have from homeland security. i can say one of the individuals that -- in the offense conduct we have been talking about appeared for court in manhattan on a different matter yesterday, and so we do not have any evidence, you know, of flight has been reported, one appeared yesterday, we are looking toward to the next court date in this matter. >> [indiscernible] >> so i've seen the video, i believe you are referring to, it's in the public domain, it's disturbing. we are going to do what we do on all of our matters, right. i think there are people speculating and using the legal phrase, hate crime, we don't

make assumptions. we investigate and look at the evidence. we'll do what we do in all the other matters, follow the facts. >> [indiscernible] >> i'll answer the part directed at me, we don't deal in hypotheticals, i'm not going to speculate, i think we could all agree we wish the heinous attack didn't happen but it did, that's where we are, we brought these

charges, we are going to continue to investigate and to get accountability for what did occur. >> john: all right, we are going to leave this behind because we can't hear the questions that are being put to alvin bragg but the basics here, seven people charged in total, sandra, with that attack, what's called a heinous attack, that alvin bragg said sickened and outraged me, seven charges, a lot of assault in the second degree but unless i'm mistaken, only one person is in custody currently on these charges. >> sandra: it's so sickened and so outraged at what you see on the screen yet the d.a. did not lock them up? and by the way, where was the update on the police officers attacked in this video? feels like there was a lot missing so far in that briefing. >> john: let's bring in leo terrell, jason chaffetz, and brian kilmeade for more on all of this, and leo, let's start with you. again, unless i missed it, and i don't think i did, everybody is

out with no bail except for one guy. what the heck? >> well, yeah, and thanks for having me, john and sandra. this is nothing more than a political stunt. where is alvin bragg for three years? why is this press conference, i'll tell you why, it's an election year. and alvin bragg got some heat and because he got some heat, that's why he had the press conference. they could have held these individuals. they -- new york city is a sanctuary city. they don't use ice, don't tell ice anything and what we are supposed to believe they are serious about crime and eric adams talks about law abiding, the migrants are illegally, they broke the law by entering the country. you saw a mop-up, clean-up on aisle 15, people saw this video worldwide and they saw law enforcement officers being assaulted and nothing was done in a city that allows crime to

occur 24/7. this was embarrassing and outrageous and nobody should believe it. >> sandra: let's be clear, leo, and brian, let's be clear, you are in new york city with us, you could put on the banner, the man who let those men go that attacked the nypd. he's the man who let them walk free. and now he's outraged and sickened? >> it's unbelievable. the two guys walk out and giving the finger to the cameras and the smug look on their faces, not only are we living here for free and you are doing my laundry, taking down my sheets, three meals a day, two of which i throw out, but are mugging people and i look for cops to get on my bad side and taking a swing at 'em. they seem very comfortable going against law enforcement knowing they will get out and how much does that have to do after the video got out. we had the video on saturday, outrage on tuesday, in between don't tell me you have every

angle, 42nd street, they have a headquarters downtown, you see every block from multi-angles. you could have had these guys. there's nothing -- no harm in holding on to them as you acquire evidence because it's in our best interest and now seems as if they misidentified people in phoenix, nothing to do with this crime. >> john: jason, reminded me of a scene from "the sand pebbles," the guy kept talking about the main steam stop valve and you had to open that to let the steam pressure off the boat, the sand pebble. and we have the heat coming down on us, have to say something but seemed like they said a whole lot of nothing. >> because they didn't actually do anything. alvin bragg started off by saying it's the safest big city in america. are you kidding me? nobody believes that. you said that mayor adams said he was going to work to get them

deported. they are a sanctuary city. they don't cooperate with isis as leo talked about. and i think the center question, if it was so heinous, they are beating cops. why are they not in custody? why not? and they did not answer any of those questions and to sandra's point, they should have started off by acknowledging these police officers and giving an update. >> sandra: amen. >> because america actually cares about them. >> sandra: leo, final thought from you, we hear the outrage in your voice, you wonder what message we are sending, you look at the video of them flicking off of the cameras, they don't fear punishment, that's them, what message are they sending to others who might want to commit the same crime? >> they could do whatever they want in sanctuary cities. they are not afraid of any -- any type of criminal prosecution because new york allows this type of conduct. you and john stated well.

this was nothing more than a dog and pony show, don't believe anything you see here, they don't care about law and order in new york. >> sandra: leo, thank you very much. brian kilmeade, jason chaffetz, thank you. we have breaking news, special counsel report has been handed to congress. this is the report looking into the biden classified documents. chad, what do we know? >> well, good afternoon, sandra. robert her, he concluded his investigation, he is the attorney -- not the attorney general, he was the u.s. attorney for maryland and appointed as the special counsel. we are told it has been sent to congress. we are getting some hand signals last night that was coming along, it's up here now, we are told. merrick garland, the attorney general, he indicated he is committed to releasing the entire report, as much of it as possible and the white house concluded its review this morning and it is not asserting privilege on this.

this goes back to 2017. then vice president biden was concluding his time in the obama administration, he was packing up his offices and things, and then some of these documents, which were classified, he shouldn't have taken with him. they wound up at his house in delaware and also at the university of delaware. and what they should have done, they should have sent these to the national archives and that's why there was an investigation into this. so, the report has been sent to congress. we don't know specifically what it says but that is up here now on capitol hill, sandra. >> john: chad, it's john. so, typically when reports like this, if they are unchallenged by the white house and they don't have to go through redaction process, they get released from congress pretty quickly. when can we expect to see the contents of this report? >> i would not be surprised if you see some leaks eminently. capitol hill is always an

seieve, that's the first thing, and the white house first to have their review. they seemed pleased with it and also you know, there is some, you know, politics in this, surprise, surprise, it is an election year, and you could see where certain republicans say there is something here damaging to the president get that out or highlight in that sense and of course the democrats probably would want to comb through that report and say there is something here that exonerates the president or explains or a tangi tangible explanation. i don't know if it comes out today or tomorrow, the house of representatives is not here roo it now, the senate is in session trying to wade through the international aid bill but the house and senate do not have to be in for this to come out. this will come out through the committees, john. >> sandra: chad, thank you. all right. it has one breaking news event after another.

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>> john: breaking this hour, special counsel's report on president biden's handling of classified documents, it was just sent to congress. we expect that it will likely become public soon and what are the implications for the president? let's bring in democratic florida congressman jared moskowitz. good to have you with us again today. what do you think the impact of this report, now that it's released to congress, without redaction will be? >> john, thanks for having me. i think when the stories all came out about president biden and vice president mike pence, obviously there was bipartisan concern about how classified documents are leaving the executive branch whether people are leaving office.

and so look, democrats have been real consistent on this, nobody is above the law, there were laws that were broken, people need to be held accountable but i think also we have to figure out how to stop this from happening, even if when there's no intent, people don't do it on purpose, it just kind of happens because how we are boxing these things up is haphazard experience done by potentially low level people, interns even perhaps. i think even on the oversight committee you've seen a bipartisan discussion about how to make sure we put protocols in place to stop this from happening in the future. >> john: it is true that as vice president, both vice president biden and vice president pence routinely had access to classified documents, some they were able to keep with them, particularly if they had a scif, but the fly in the ointment with joe biden is he had some classified documents in his possession from his time as a senator when he never should have had those outside of a secure area. how should that be handled? >> well, we have to figure out how that happened, right.

i think how that happened and intent is extremely important. if that happened because he was given a box by someone in his staff when cleaning up his office and he didn't know what was in there, i think that's different than someone who knew what they had, didn't turn it in, or in fact, tried to hide it and not turn it in when it was discovered that they had classified documents. so i think intent really matters here. i think, john, this is a much larger problem because we are seeing this obviously on -- in democratic administration's and republican administration's that people are leaving with classified documents and that tells me that there is definitely a procedure and protocol problem on how we are keeping classified documents and how they are getting out. >> i don't know if you were watching fox earlier today on the big screen behind you and the supreme court proceedings, if you did, what was your reaction to what you were hearing, particularly when the so-called liberal judges, kagan

and brown jackson were asking tough questions of colorado saying why should you get to decide for everybody? >> well, look, you know, i'm not going to weigh into the particular case because i haven't read all the briefs. but what i will say, i do think they were asking a really good question because i think what they are talking about is not even this specific matter here dealing with president trump. i think they are talking about the macro, which is what if this were to happen for some other reason, if another state kept the president off a ballot. what they were really concerned about is for political purposes. we could see states taking folks off the ballot and i think they were really concerned about that. so i think they asked really good questions. look, americans turn to the supreme court and don't want to see a partisan result like they do in the house of representatives and they do in the senate. that's the partisan political body we come to the supreme court for real answers, and i think we'll see the supreme

court issue a ruling on this that will set the standard for elections on a go forward basis. >> john: i'll tell you, it was an interesting exercise and how fair the supreme court was. >> that's important. that's the last institution maybe that's happening in. it's good we see that. >> john: at least there is one. we'll spend more time next time we have you on. a lot of breaking news. >> sandra: i'm already chatting with him, larry kudlow is here, talking about the affordability crisis, the fiscal stimulus that is propping up this american economy, you never know what he's going to say. >> larry: and vice presidents don't take classified documents with them. >> sandra: save it, larry. >> larry: true fact, chad pergram got right. >> sandra: we'll be right back. and longer-lasting relief than tylenol rapid release gels because advil targets pain at the source of inflammation. so for faster pain relief, advil the pain away.

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>> sandra: okay president as promised, larry kudlow is here. we have about 2 1/2 minutes left in the show. this is senator kennedy pressing janet yellen on bidenomics. listen. >> these high prices are here to stay, aren't they? >> the high prices were not caused by bidenomics. we suffered a pandemic -- >> if i could ask you, they're here to stay, aren't they?

>> i don't expect the level of prices to go down. >> sandra: i don't know what to make of that. right now that is the problem, right? people see the unemployment rates are coming down. good things. there's gdp growth. arguably from fiscal spending. they don't see prices coming down. that's the problem. >> when you go from 1.5% inflation to 9%, okay? even as it comes back down, the rate of inflation, those prices are sticky high. very sticky high. you can run your down. the cpi is still high. that won't change for years. groceries up over 20%. used and new cars, up 25%. electricity, gasoline. gasoline went from $5 to about $3.15 now. it was $1.75. you're up 30%. >> sandra: a lot of people say

that will be the make or break moment for gas prices on memorial day. >> i call it an afford ability crisis. middle income, working folks, lower income folks, can't afford the biden economy. prices are rising faster than wages. the last few months, wages have recovered and prices have come down and gdp has gone up. >> martha: powell is warning the national debt is growing faster than the economy. there's no sign that these prices are coming down. >> as long as real wages fall over the duration of biden's administration, he will pay for that. he will pay for it dearly. by the way, you look at these numbers that came out from the congressional budget office. i know we don't have much time. spending will be running upwards of $10 trillion. 24% of gdp. >> martha: you regret this thing that the economy is great, i was wrong? >> the economy did better than all economists predicted including myself. i always said, the source was

government spending and government stimulus. here it is. just look -- you're running twice the 50-year baseline for spending and deficits. >> sandra: we have breaking news. we'll see you at 4:00 on fbn. john what do you have? >> john: we have breaking news. we said it wouldn't be long now that the robert hur report has been submitted to congress. we're getting david spunt at the justice department. he will be with us. there he is. david, you've been sending out interesting for examples taken from the report of the condition of the storage facility in which president biden had these classified documents in his delaware home. what are you seeing? >> we have photographing of the storage facility. we'll try to turn them. this is a 345 page report made public by the special counsel delivered to congress. as we noted, the white house had

no annotations. i'll show you some pictures until we can at least get them on camera. you can see right here, there's a becomes with classified documents inside the garage of the president. i want to read some passages from it. it says among the places mr. biden's lawyers found classified documents in the garage was a damaged open box containing numerous hanging folders, file folders and binders. the box labelled "cabinet and desk force" was in a mangled state with ripped corners and two of the two-point flaps torn off. in december 2022, 23, mr. biden's garage and home office, they found classified documents related to his opposition of what his boss wanted to do with the troop surge in afghanistan. a lot of these documents relate to that. i want to point out it says clearly on the first line of this and excuse me because we're looking at this live here, it says "we conclude that no

criminal charges are warranted in this matter. we would reach the same conclusion even if the department of justice policy did not foreclose criminal charges against a sitting president." there's a very important passage that says -- talks about trial, if this went to trial. if biden was charged in his mental fitness. it says we have considered that at trial mr. biden would likely present himself to a jury as he did during our interview of him as a well-meaning elderly man with a poor memory. based on our direct interactions and observations of him, he's someone from whom many jurors would want reasonable doubt. it would difficult a jury to convict him. by then, a former president in his 80s of a serious felony that requires a mental state of willfulness. they're assuming the president may not be winning in november if they say by then a former

president by the time that he's on trial. i thought that was interesting language right there. that comes right from special counsel hur's report on page 6. no charges filed. it shows a pattern of sloppiness when storing these classified documents. john, sandra? >> john: david, thank you. that quote from page number 6, sandra, that is one that the republicans will probably make a commercial out of. a well-meaning elderly man with a poor memory. that coming from the special counsel. >> sandra: the timing of that interesting as karine jean-pierre was again in the white house press briefing room asked about concerns over the president's age and mental acutie. digging through this report, we've had it in front of us here. i found some of the lines even more interesting as we go through. it says -- the report says biden willfully detained material after he was vice president, as a private citizen. they included marked documents

about afghanistan and mr. biden's handwritten entries about issues of national security. john, foreign policy implicating sensitive sources. >> how is this different than trump? how is this different? the only difference is trump as president could stake stuff with him. all right? as vice president, you can't take stuff with you. as a u.s. senator you can't take stuff with you. i have said this for months and months. >> john: larry, sorry. we'll talk to you soon. raise is in for martha today. here he comes. we'll see you tomorrow. >> john and sandra and larry, good afternoon. i'm trace gallagher in for martha maccallum. david spunt, by the way, continuing to come through the report, 345 pages from the special counsel on president biden's handling classified documents. we'll get back to david, give