curtis acknowledged the man has not been charge with shop lifting and said, i shouldn't have been listening to the crowd, that was my mistake, i should not have the knee-jerk reaction. we want to set the record straight. that is all the time we have this evening. please set your dvr and never ever, ever, ever miss an episode of "hannity." let not your heart be troubled. >> carley: a fox news alert. the white house is on defense and the president is lashing out to the press over a -- his fitness to serve.

you are watching "fox and friends first"s, i'm carley shimkus. >> todd: i'd todd piro. not seeking charges against the president because joe biden seems to be well meaning elderly man with a poor memory. details are concerning. the report claims he did not remember when he was vice president or when his son beau died. >> carley: madeline rivera. >> some material include documents about military and foreign policy in afghanistan and were found in a badly damaged box surrounded by household items. herr did not bring charges. the president looking to quell this political fire storm and

defended his -- >> president biden: i put this country back on their feet. he referred to egypt's president as president of mexico. >> initially the president of mexico, cici. >> he seeks a second term, one lawmaker questions whether the president is fit to hold office now. >> president biden needs to be charged or removed from office under the 25th amendment. you either have to prosecute him or remove him under the 25th amendment.

>> meantime former president trump says the justice department should drop the charges against him since they are not charging president biden. president biden is hosting the german chancellor before leaving for delaware and likely face more questions. >> carley: thank you. bring in mark smiths, constitutional attorney and former member of president trump's transition team. what do you make of these findings by robert hurr to not bring charges because president biden could be sympathetic to a jury and find it difficult to convict. >> big picture this was a terrible day for the anti-trump.

concluded joe biden should not be charged when keep in mind joe biden had documents when he was senator and vice president. that is different than the documents donald trump had. donald trump was the commander-in-chief as president and thus had constitutional authority to declassify whatever he wanted, not an authority joe biden had. the fact jack smith indicted president trump and used fbi to raid mar-a-lago and yet they are going to let joe biden get out of jail free card shows a double standard not lost on anyone. this department of justice is helping democrats and joe biden and hurting donald trump. that is not how justice is

supposed to work or going between distinct disparity between how the cases are being handled. >> todd: if the doj really consider this serious, they would have charged joe biden regardless his incapacity or mental fitness regardless what hurr made. do you agree? >> i do, todd, it doesn't matter that joe biden today has mental issues for purposes of the law. at the time he engaged in the alleged crimes, he had mental prowess in tact. it doesn't matter what he thinks

today and the crime, what matters they found that joe biden willfully violated law and kept classified documents after he left office. this double standard of office will stand out because keep in mind judge cannon has been looking carefully at this jack smith prosecution of trump and this will help her look with greater scrutiny what is going on with the jack smith case against trump. >> carley: merrick garland has been asked to remove president biden from office. what does he do with that request, where do you see him going? >> merrick garland demonstrated himself to be essentially a lawyer for joe biden. that is the harsh reality here

and i don't think request to the biden department of justice to look into the 25th amendment will go anywhere. it would likely have to be congress. i doubt anyone in the department of justice will do anything that will hurt the biden re-election campaign. there is no evidence as to how doj treats democrats versus donald trump. different justice. >> todd: i am glad you said associates, a lot of talk about what happened. one thing you are not hearing about, joe biden's ghostwriter, failure to charge that ghostwriter who literally dest

destroyed evidence hurts jack smith's case most. 30 seconds to you. >> that is right. documents donald trump had were held at mar-a-lago and surrounded by secret service agents and joe biden had his documents in a garage with old cars. the way things were being treated by both, joe biden was careless and not being treated and donald trump is. >> carley: "new york post" says elderly man with poor memory, quote from the robert hurr findings. everybody in the world is seeing this, including bad actors, that is concerning. thank you for joining us. >> todd: dr. makary will be here

to give us his opinion if joe biden is fit to serve for four more years. new body cam video shows the new york city migrant attack through the eyes of the nypd officers. [video playing] >> todd: is this really america? the search is on for newly indicted group of suspects. >> carley: bahamas resort is challenging claims that by two women that they were -- in this case coming up.

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>> todd: a bahamas resort where two women say they were drugged and raped says it does not match what footage shows. >> the moms say they were on an incursion and attacked by two uniformed staffers. they say the men offered them drinks and the drinks were laced with drugs. a couple drinks in, we knew something was wronged and i came to within being raped. they said the attack was caught on camera footage. the resort says there is

conflict with what the timestamps claim. the employees were fired for violating our zero tolerance policy. the fbi says we have strong relationships and stand ready to assist in any way. there is a travel advisories for the bahamas. >> todd: unreal. police in new york searching for suspected gunman they say shot a tourist and opened fire on an nypd last night. a guard tried to stop a person and they fired hitting an innocent woman in the leg. officers did not return fire due to the number of people in the

area. this is time square. police are collecting evidence. nypd releasing body cam footage showing the mob of migrants attacking officer says near time square. [video playing] >> todd: unreal footage. police say the officers were trying to break up a crowd before it turned violent. only one suspect right now is in police custody. >> carley: illegal immigrant indicted for capital murder accused of killing a 16-year-old cheerleader in her home during a

burglary. medina was found dead in her bathtub in her apartment. the suspect had visited the apartment complex on multiple occasions. her mother joins us now. i can't imagine what you are going through, your daughter was so beautiful. how are you feeling now that this capital murder church has been brought down? >> a lot of mixed emotions. not only did i lose my world, i lost my everything. i know that getting what he deserves, this monster deserves,

will happen. the prosecutors are doing a great job. >> carley: we're looking at pictures of you and your daughter. you look alike and it seems like you were so close. we hate you are living through this. can you tell us more? >> it's definitely been pretty difficult. >> carley: oh, yeah. >> words can't explain and i don't think i will ever be able to. it's still, i feel like i'm in shock. >> carley: yeah. that is so understandable. his name is rafael govia romero. did he have a previous relationship with you or your daughter? >> no.

>> carley: just a total stranger? >> yeah. >> carley: you think and police think he may have previously broken into your house and he possibly broke in again the night she was murdered. is that correct? >> they're still working on that investigation. as far as we know, there is no connection between us, my daughter or him. i'm still looking for answers. i don't have answers. they are still working d diligently on this case and i'm thankful for them. like i said, it's like a nightmare, it really is. >> carley: i know. i can only imagine.

jacqueline, i don't know if you thought about this detail, this man was in this country illegally, he shouldn't have been here at all. what do you think about that? >> it is just a lot, a lot to take in. i can't speak much on that situation. it's a lot to take in. >> carley: it is a lot to take in. >> carley: you say you plan to be part of this justice process every step of the way because your baby deserves justice and she does. tell us about her, what was she like? >> she was very kind and loving, very funny. she was literally my best friend.

we used to do everything together. and now like -- she's not here with me, but it is to the point, she was my world, my everything. i did everything for her and i feel like she's gone, she's still my mission and that mission is to bring her justice. she did not deserve any of this. she did not deserve any of what happened to her. the indictment, there are mixed emotions, it couldn't have come any faster. it's been two long months. >> carley: she had a beautiful 16 years on this earth and now she's your angel. thank you for joining us, we'll follow this case and be thinking about you and your daughter, as

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>> carley: a fox news alert. white house on defense over damming report highlighting serious concerns about president biden mental fitness including he did not remember when he was vice president or within several years when his son died. >> todd: special counsel will not be recommending charges because joe biden ashppears to an old man with a bad memory. it wasn't long before he made another gaffe. >> president biden: you know initially the president of mexico, cici did not want to

open the gate. i talked to him and convinced him, i know what i'm doing, i put this country back on his feet. >> todd: except the president of mexico is not cici. based upon this report and what you heard and last decade of joe biden in the public eye, what is your assessment of the president's mental state. >> everybody mixes words up but the memory lapses are increasing. a lawyer made the diagnosis in

this report of age-related dementa. it is obvious and sad really. >> todd: you mention five years ago. look ahead five years in the future, we can see this is not good, this is very bad. is what happens to joe biden's mental state, he would be president for part of five years, what would happen to joe biden over that time period? i can't imagine he's going to get better. >> that is right, it is unlikely there will be a sudden stabilization, this is clearly age-related dementia. if this was ceo of a company, the board would intervene and

people are concerned about long-term trajectory of another four years. it is sad, age-related dementia, others may argue you are voting for a party, not an individual. we are witnessing cognitive decline. >> todd: when i watch this, i have a job to do and i have to call out the president as my job. as a human, having a grandmother with alzheimer's, this is sad to watch. i think it is hurtful that people put him in this position. forget the presidency, would you feel comfortable having joe biden housesit your home?

>> with john fetterman, we were watching cognitive decline after a stroke and were watching somebody in mental rehab going through the process. people have to make their own decision. if we are seeing this obvious dementia in brief time we see him in public, people worn what he is like in private. what is it like to sit down with the president for five hours, he couldn't remember the year of his son's death even within two. >> todd: if you were counseling joe biden as a patient who walked in with his wife there and maybe children, would you tell him it is time to retire? >> it is humiliating to have somebody with a distinguished

career in any industry, let alone government, to be on public display. it is not going to get better, i might suggest somebody pass it on to somebody else, not a good way to go down after a long career. >> todd: there are a lot of political questions who that person to pass down to will be, half the country will discuss that. we appreciate your time and insight. switching gears, time for football. super bowl weekend, chiefs and 49ers. >> carley: we have odds and price check on your food, bad news for queso lovers.

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earning all 26 delegates and getting a step closer to becoming the republican nominee. >> we are not respected a little bit, we need leadership and this country has no leadership, no idea what is happening. it is a failing nation and we're not going to have a failing nation much longer. >> todd: trump's victory after supreme court heard arguments to remove him from colorado. he could remain on the ballot in all states. jack brewer joins us now. legal insight here, you don't want to glean too much from questions coming from the bench, those are just questions. all nine seem to ask a biden question of it is colorado justice. combine with victory

and i said say yesterday was a banner day for one donald j trump. >> it is very vindicating and timing couldn't be more perfect. we are on the brink of world war iii and being manipulated in the united states of america. poor families and people donald trump is speaking into, you see huge surge in minority support for president trump, people are not listening to news outlets, they realize their lives and pocket books and way kids are being taught at school matters and donald trump is speaking for americans right now and it is motivating. >> carley: one damming thing about this report that robert

hur released yesterday, it is easy for people to talk about, easy headlines people can say those words and it becomes part of everyday conversation as opposed to hunter biden stuff that is more complex. how will this play out going forward? >> i wouldn't be surprised if they use it to remove president biden off the ticket. this is not a man that has capability mentally to lead a nation. it was pretty scathing and sent chills down your spine to hear that a government agency would comment on the president like they did.

and you look deeper just from oversight perspective and see the report that said that the government was forcing banks to look up americans buying bibles and shopping at cabella's and outdoor stores. this is trying times. it makes you open up your bible. if our government is targeting those living god-fearing lives. this is a bad situation and we must do something together, black, white, green, purple, come together for god and country and support one another. >> todd: super bowl sunday we come together. what is your prediction, my

friend, jack brewer? >> brother, i played for andy reid, hard to root against him. i want to see brock purdy continue this roll he's on being mr. irrelevant to be a potential super bowl quarterback. it would be a great story for the nation and nfl. >> todd: jack brewer going with purdy. >> carley: andy reid seems like a nice guy. so many people to root for, i'm rooting for everybody. >> todd: i wish we were rooting for the giants. this year's super bowl party could cost more than normal. cheryl casone is here with more. how much? >> cheryl: it is super bowl

weekend, annual survey from date assembly combining data, here are numbers. since 2023, bufl low wings up 1.5%, queso up 18%. bur burger, ice creek fell, basket of 14 essentials will cost $86.99. tortilla chips are up almost 40%. those going to the game, one luxury suite is $2.5 million. ultimate seafood stuffed potato,

wagu, bon appetite taylor swift. >> carley: if you can't afford that suite, bet on the game. >> cheryl: we have never seen this amount of americans betting on this game ever. nearly 60 million americans, almost one in four will wager. 23.1 million will be on the line, a jump from last year. you can bet on which songs usher plays at halftime. falling in love is your safest bet. will travvis kelce propose to

taylor swift? no, no. what color is the winning team's gatorade be? >> clear. >> carley: i will go with blue. what do you think? >> todd: i'm shocked on the marriage odds. gatorade color, orange. >> cheryl: i think red. >> janice: purple. >> todd: i don't see how, but whatever. >> cheryl: are you all coming to work on monday? >> i took the day off. >> todd: i did not see that on the schedule. >> cheryl: is janice coming in? >> janice: yep. >> todd: i'm solo? >> cheryl: i'm coming in. >> sick calls.

for monday 16.1 americans will call out. >> carley: 16.4 expected to be late for work. >> todd: i'm solo, no drinking for todd piro. maybe just a little. nfl awards, lamar jackson taking home the m.v.p. award and the hall of fame class announced including this tribute. >> colorful and key part of best defense in history, represented by his wife misty, steve mcmichael. >> todd: chicago bears steve mcmichael be ing represented by

his wife. touchtown tommy with his italian swag. tommy cutlets, need a similar name for janice dean. >> janice: i like food, anything food related. not going to rain. lots of sunshine, nobody betting on the weather? >> carley: i'm sure people are. >> todd: you do a good job predicting, it is not fair. >> janice: 65 for game time at the stadium. the east coast feeling like spring, about to end getting into next week. enjoy the heat, 71 in houston, 53 in d.c. cold air coming. feeling like april for

pittsburgh, chicago, detroit and syracuse pretty warm. forecast today, we have shower activity for the northwest, a lot of snow for mountains and rockies. area of low pressure across gulf coast states and that will come up and visit us in the northeast on monday and tuesday. will it be a block buster storm? this we could do betting on this. this time yesterday, the euro model was going, no and big-time snow and they flipped. looks more like coming into agreement for some snow in the new york city area. american model is predicting quite a bit of snow and eurois like a mixture, i am hoping for snow. >> carley: this is fox news, i'm

betting on the american model. >> janice: they flip flopped, if you live on the east coast from d.c. to boston, pay attention. messy commute. >> todd: i'm shooting daggers, promo the dean's list. >> janice: this is the first dean's list special, i went to mount washington and they made a cartoon of me which pops up to give you facts. it is awesome. >> carley: that is great saturday -- >> janice: saturday 8 p.m. on fox weather. thank you for remembering. i forgot. >> carley: we would never forget. >> carley: president biden will have to convince voters and congress he is fit for office.

>> todd: his campaign is skipping rallies to let joe connect with americans. i asked voters about that strategy in light of everything we just learned. >> todd: when joe biden is drinking a milk shake, is that connecting with you? >> no, not a little bit. >> other things are facing our nation besides food. >> todd: we'll discuss more on that with joe concha. don't go anywhere. (♪) a perfect king's hawaiian slider. tastes good too! king's hawaiian slider sunday... the only way to sunday!

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>> todd: when joe biden is drinking a milkshake is that connecting with you. >> no, sir, it's not. not even a little bit. we have social security problems. we have all kinds of other issues. we are not taking care of our own people. there's people on the street here that need help. nobody is working for these people but we are worried about what goes on somewhere else? >> what is happening with snicker's bars. >> i like it. >> todd: why? >> because when people eat together they get to know each other. >> thanks, everybody. you should take me up on it.ed to. >> homeless problems where i live in portland, oregon. open borders. >> a lot of things about the economy could be better. we didn't vote for a president because of his milkshake policy. >> i got home what you call black and white. vanilla ice cream and chocolate syrup. >> two strategies, donald trump, big rallies, joe biden drinking

milkshakes at cafes. if you were voting in the states, which one would resonate more with you. >> trump. >> todd: why? >> because he is more for the people. he is more for us. rather than putting money in his own pocket. >> carley: toddy with the crowd. >> todd: let's bring in fox news contributor joe con challenge. what are you hearing in the answers i got? >> you are hearing about a president, todd, that isn't connecting with the american people anymore. he is not seen as a man who represents them and it's really the democratic party at this point that's become the party of elites rather than the party of the working man and woman. by the way, guys, you have joe biden running for re-election, mind you, was not held a sitdown interview with any television outlet. you have to go all the way back to being o. and that was a cream puff interview with scott pelley of "60 minutes." then you saw what happened this week, right? we have a sitting put of the united states who he says had a

conversation with the president of france hobby dead nearly 30 years. and had a conversation with a german chancellor also dead for several years. yesterday in a patently disastrous press conference confused the president of mexico with the president of egypt. the special counsel also revealed he couldn't remember when he was vice president, nor when his own son died. >> this is the beginning of the end of joe biden's reelections campaign. democrats, that i have spoken to are at a full blown panic. the problem is alternative is kamala harris who polls lower than joe biden and gavin newsom who has a horrific record in california. that's where we're at, guys. yesterday was the biggest moment of this primary season so far no doubt because of the report and damning things he said about joe biden's mental state. >> carley: everybody is making predictions on this she and beginning of the end is your prediction about president biden's future media obviously

reacting to this report. a portion of what some in the media had to say. watch. this you want to get the age thing. call it what it is. this is ageism snuck into a report clearing the person of any wrongdoing. >> man is 80 years old. >> he rides a bike. >> he is the age. >> i think some people covering biden you realize he does have a temper. his whole staff, his allies. >> mexico? mexico? where did that come from? i mean, that's the only thing anyone is going to remember from this. >> well-meaning elderly gentleman. is anyone going to make the point that donald trump and his misstatements or his actions are well-meaning? >> mixed reaction, joe. but, a lot of it was running cover for him. calling the report ageist. >> joe: based on the interviews did with the special counsel and the things he couldn't remember

in that. i'm shocked i just saw jeffrey toobin back on the air at cnn? i thought he got the shaft a while ago. and there he is. the fact that they are defending joe biden's mental state when 76% of the american people by nbc news' polls' own standard doesn't think he has fitness to be president let alone five years from now when he would be president if he got elected. >> todd: suspects super bowl weekend. keep it clean in last 15 seconds. >> joey: san francisco 49ers. i'm rooting for brock because carley is rooting for brock and she is biased in that sense. >> todd: have a great day. >> carley: have great day, everybody. >> steve: 6:00, friday, februarg weekend, welcome to "fox & friends." >> ainsley: lots of news thi