>> bill: i agree with that. we're trying to look for the most obscure bet. one we found and i want your answer. in the states of illinois, new jersey and west virginia, what's the color of gatorade to be poured on the winning head coach? options are orange and lemon lime and purple. what do you think is the most obscure wager for this game, amy? >> that's always one of them. you can do that in about five states. the coin toss is another one. the one every year there is always, you know, some bet that catches on on social. this year it happens to be the correct store of chiefs 31, 49ers 21 was picked up on one of the social channels. one of our more popular bets this year. >> bill: what matters for dana and me is our $1 bet. >> dana: dana, i hope you win. >> bill: come on, amy.

see you in vegas. >> dana: good to have you back. no charges after a bombshell report finds president biden willfully retained and disclosed classified material. even worse politically it indicates biden's mental state is in decline using blistering words to describe his aptitude, important memory and diminished faculties. welcome to a new hour of "america's newsroom," i'm dana perino. we start back there. >> bill: happy friday. a long one, huh? bill hemmer, good morning. special counsel report blowing open the national debate about the president's age. special counsel hur recommending against criminal charges in part because a jury might view biden as an elderly man with a poor memory, end quote. >> dana: even in the mainstream media the reaction has been harsh. they are no longer to ignore the age-old question is biden too old to be on the 2024 ticket? atlantic with a harsh headline. biden's age is now unavoidable.

he looks like he is turning into a statue of joe biden. the implications for this election are far reaching. we want to go to jacque heinrich at the white house where there is some rare activity there last night, jacque. >> that's right, dana. good morning. this report certainly cleared the president of the threat of any charges, it could be significantly damaging to his re-election bid. special counsel describing the 81-year-old as having diminished faculties and poor memory amid widespread voters concerns about his age. although the special counsel robert hur cites insufficient evidence to prosecute biden more than a dozen times he cites the likelihood. house republicans are reading that as too feeble to stand

trial saying a man too incapable of being held accountable for mishandling classified information is certainly unfit for the oval office. while that's not what the special counsel said, it is gaining traction among critics. >> so if you can't stand trial, he certainly can't carry out the duties of president of the united states. and commander-in-chief of our armed forces. so that's why i think it's one or the other. you either have to prosecute him or he has to be removed under the 25th amendment. >> even long shot 2024 challenger dean phillips told fox the report affirms what most americans already know. the president cannot continue to serve as our commander-in-chief beyond his term. it has handed the 2024 election to donald trump. in response, the white house is highlighting extenuating circumstances during the president's interviews that took place the day after hamas terrorists attacked israel. the president voiced anger

himself. >> president biden: even reference i don't remember when my son died. how in the hell dare you raise that? frankly when i was asked the question i thought to myself wasn't any of their damn business. i don't need anyone, anyone, to remind me when he passed away. >> biden's lawyers saw the descriptions of his memory as so inflammatory they asked the special counsel to revise them. he didn't and now the white house is responding by contrasting how the president cooperated with his investigation versus how former president trump did not with his. even at a late night press conference meant to convince people about his -- >> dana: there is a press briefing at 1:00. why does john kirby come to the podium every time with the press

secretary? >> i assume it has a lot to do with the hostage negotiation that's happening for this potential cease-fire and also a new memorandum out that gives the state department requirements to get written assurances from any state that's getting u.s. weapons that they will be used in accordance with international law. they won't impede aid and it is happening against the back drop of voter concerns about arab constituency critical of the president supporting israel and the war. he is here when there is a foreign policy piece. >> bill: the colorado state supreme court's decision to try to kick donald trump off the ballot may not have gone over so well in oral arguments at the u.s. supreme court. we're there with a follow-up. alex, good morning. >> the question seems to be less if the supreme court will rule against but if the ruling will be unanimous.

oral argument lasted over two hours. colorado petitioners made the argument that the former president is disqualified from holding public office because of his actions on january 6th of 2021. >> we understand that what we're asking the court to recognize is something extraordinary, which is that for the first time in our nation's history a major candidate for president of the united states is ineligible for that office under the constitution. >> this argument is based off a civil war clause in the constitution meant to prevent former confederates from running for office. the relevant part reads no person shall hold any office who having previously taken oath as a member of congress or officer of the united states to support the constitution of the united states shall have engaged in an insurrection. what the justices focused on was if this section applies to the role of president. >> the language here doesn't seem to include president. why is that? and so if there is an ambiguity,

why would we construe it as justice kavanaugh pointed out, against democracy? >> with such skepticism being voiced there the trump team expects a win. the former president spoke about that last night in las vegas. >> president biden: our supreme court hopefully will be doing something in terms of helping our country and preserving democracy. we have to preserve our democracy and i think they had a very interesting day and a very beautiful day perhaps. >> this ruling is expected in short order. it could mean days, weeks or months. >> bill: back to that in a moment. alex, thank you in washington, d.c. >> dana: the side-by-side is stark. screen left inside mar-a-lago in florida where some boxes of classified documents held by president trump were resofshd. screen right how president biden was storing his classified documents in delaware. on paper they may look similar. how the two men are being

treated is very different. joining us for more on all this is "fox news sunday" anchor shannon bream. the legal side of robert hur, the special counsel said last night and then the mental faculty side and listen to how democrats have been trying to defend joe biden on that score. >> he is 80. you need to be there for him and you need to make a pathway and you sure as hell better make sure he doesn't fall on a sandbag. i blame the staff for that. >> 80 is the new 40. >> president biden is strong. he exercises, rides his bike. >> i think the president is great. i am proud to be supporting him. i don't know why you asked that kwechlt >> dana: i'm not sure how they continue to say that with this report that's out there and with people being able to see with their own eyes. >> listen, if 80 is the new 40 we're in good shape.

that's the good news from that round-up. a mixed bag. nobody wants to fight criminal charges, one of probably the major nominees on the ticket will be doing that endlessly this year. by the same token, if the path is that because you couldn't be prosecuted because you don't have the mental faculties that's a real problem in the middle of a re-election campaign. one top biden official saying this felt like a very james comey kind of moment where he came out, said hillary clinton was careless the way these documents were handled. all this catalog of the things she had done wrong but said we won't prosecute her. a lot of frustration from the official who says this leaves us with a big problem when you guys know we follow the polls. majority of americans and a big majority of democrats have worries about the president's mental faculties moving forward. >> bill: a big topic on sunday. this might as well. i was listening to your yesterday with your commentary on the steps of the supreme court. john roberts, who i put a finger on it.

others did as well. how you allow one state to determine what happens in 49 others. >> a goodly number of states will say whoever the democratic candidate is you're off the ballot. others for the republican candidate, you're off the ballot. it will come down to a handful of states that will decide the presidential election. that's a pretty daunting consequence. >> bill: characterize his observation as you heard it when you were sitting there inside the court. >> he is skeptical. that could have been possibly the intention of the 14th amendment that you would allow states to be kicking people off federal ballot, federal candidate. there were a number of other justices, including justice kagan, who said why do we let a single state decide this? if we back what colorado is asking us to do here, that is the actual practical implication and fallout of this. we were watching every nuance in

the courthouse. this could be an sotomayor may support from colorado did. i think the chief will try hard to get to a 9-0 or narrow decision. i say we see it within a matter of days or weeks, not months. >> dana: you have exclusively senator tom cotton on "fox news sunday" this weekend. what a week to -- it is the end of the week and beginning of a week. >> it is. the senators may be stuck here this weekend trying to vote on the ukraine/israel bill. it won't have any of the border stuff that some of the republicans wanted. we'll talk about that. the appropriations bill nowhere in sight that have to be passed in the next three or four weeks and foreign policy. the president last night and you have strong feelings about how it was handled last night. coming out and in part of that conversation talking about how he critically taking on an assessment of israel in the middle of their battle with hamas. we'll talk about all that. >> bill: make sure your husband cleans up the garage this weekend, too. you want the ladder and

lampshade. >> there is dog stuff everywhere. no classified document at our house. >> dana: thanks, shannon. >> if our government is really targeting truly the people that are serving one another in trying to live wholesome and god fearing lives it's a bad situation and we must do something together as one america. these people are targeting us. >> the story about the outrage about revelations the government told banks to monitor transactions that include terms like trump and maga. ted new gent is here. >> dana: evicting squatters is easier said than done. lawrence jones will be here on what homeowners told him. >> bill: a warning for valentine's day a scheme officials want you to be aware of with your lover. ♪

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>> bill: we already know the border crisis felt across the country. acting ice director sits down in an interview with fox news touching on the battle to catch criminal migrants who got away to the lack of cooperation from american sanctuary cities. griff jenkins is here to report now. good morning. >> good morning. you know that border crisis doesn't end at the border. no one knows that better, bill, than the men and women of ice tasked with apprehending and removing criminal migrants. acting ice director says they are aggressively pursuing four of those suspects indicted for beating the new york cops who are still at large after d.a.

bragg released them last week in new york's sanctuary city making the situation more dangerous by not cooperating with the feds. >> the sanctuary juris dick shuns are more unsafe because they are letting these individuals out who have very serious convictions at times and are public and national security threats. it is a concern and i'm baffled by it. >> increased to the interior. in maryland last week they nabbed an ms-13 gang leader. in minnesota ice apprehended a somalian terrorist who roamed the country free for a year until authorities matched him to the terror watch list. agents got him within 48 hours of being notified. when asked what keeps him up at night he says he is worried about being able to get them all.

>> just the increasing numbers of individuals who are on our dockets. so with the individuals that come through you can only detain so many and resources for x amount there. >> bill, asked him about the recent failed border bill. he says i'm a life long cop. i don't care about the politics. i want congress to give us more resources and local and federal law enforcement to work together to keep americans safe. >> bill: we'll as is unfortunately for a while. good reporting, griff jenkins in washington. >> dana: this week new scrutiny on biden's trash redepartment for allegedly putting a target on the backs of maga republicans and tracking sensitive banking information as part of its invest to january 6th. terms like trump, maga and bass pro shops were flagged to the federal government. rock musician and outdoorsman ted nugent joins me now. how secretary yellen ignored

hillary vaughn's question. >> secretary, this is an issue americans are worried about. they think they're being targeted who they voted for and who their religion is and where they shopped. >> i'm not taking questions. >> secretary, can you at least have any words of assurance to americans who are worried about this? >> no pictures. >> dana: she won't answer questions and take a picture and this went on for a few days this week. i'm curious what you are hearing from other gun owners of america and their concerns about what is happening or not at treasury. >> well, you know, jack booted thug re can come in the forms of hi-tech. these are oath violators continue to turn this once-great country into an evil empire. she is just a bad, bad infringeer. what they are doing are

violating their constitutional oath. i took it for 39 years as a deputy and i know good over evil. i'm a guitar player. the author of a song to describe what infringement means, this is just a terrible time. they are engineering repeatism, not charging gun crimes to gun violators on film. they are recreating violent crime in these sanctuaries cities and left and democrats, this is really a heartbreaking time. the gun owners of america. all my friends, family, band, crew, everybody in my life knows that self-defense is a right from god. we get to keep and bear arms. keep means it mine and you can't have it. hi-tech infringe many we have to put an end to it. they're safeguarding criminals and denying good people the right to self-defense. it's so obvious it is a criminal

outrage by this government that's totally out of control. >> dana: we'll see what she says. she said they will respond with paperwork. we'll see if it happens. i wanted to ask you about toby keith because america really lost a legend this week. you got to know toby keith quite well over the years. it might have been an unlikely partnership. tell us more about that. >> it was a likely partnership because toby is an independent guy, great work ethic, stands up, promotes and stands up all the stuff that janet yellen and our unfortunate criminal government is against. this is very important we're talking about the freedom to bear arms and toby keith. he stood up for our constitutional rights and the bill of rights and we lost a great man, a great voice, father, husband, neighbor and

american. rock sowing i had in the asset column. he was a funny guy. this guy lived life to the fullest. when we were in fall ouja together with the u.s. marine corp a moment that never left my spirit. it bonded us for those who give us the freedoms that our government is taking away. a good time to celebrate toby keith and everyone he stood for. >> dana: ted, have a great day. >> i am a cowboy. >> bill: thank you, ted. he says his memory is just fine. do his gaffes suggest otherwise this week? a closer look at the president's condition with the doctor who joins us in the house. we have a super bowl surprise maybe, right? usher will do the halftime show and teasing some others could join him on stage. place your bets. place your bets, america, we'll reveal what we think we're

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>> dana: more than 70 million americans are drinking tap water that contains toxic forever chemicals according to new epa data. the worst hit areas are the east coast including new york, massachusetts, pennsylvania. the chemicals have been linked to several lasting health problems such as cancer, liver damage. hormone disruption. looking at that today. >> something special counsel said in his report is that one of the reasons you were not charged is because in his description you are a well-meaning, elderly man with a poor memory. >> president biden: i'm well meaning, elderly man and i know what the hell i'm doing. i'm president and put this country back on its feet. i don't need his recommendation. >> bill: president biden hitting back at the special counsel report on his health cited poor

memory, diminished faculties. dr. marc siegel and byron york with us now. good morning to both of you. the health aspect and the politics of it. this is what the special counsel report said that he was referring to page 207. he did not remember when he was vice president, forgetting on the first day when his term ended if it was 2013, when did i stop being vice president. that's a quote from him. forgetting on the second day when his term began in 2009, am i still vice president. ? he didn't remember within several years when his son, beau, died. the last part is what forced his hand to come out and address this. siegel, you write in the "new york post." i want to pull one line you wrote today. i think we, the people, need to consider fitness and mental acuity as opposed to linear age. explain that as a physician. >> bill, it is simple. i compared him to my 100-year-old father able to

answer these questions and remembers that french president mitterrand died in 1996. my father remembers that and he is 20 years older than the president. that proves to me at least that it's not linear age and it is a question of fitness. you know, you have to think about where this might come from. i've never examined the president but want to tell you something deeply disturbing. when you lose memory. memory is clearly part of executive function and ability to run the country, you lose short term memory first. when you start forgetting who the president of france is or who the chancellor of germany is or when your son died or the other mistakes he has made. when he was vice president. you get embarrassed and start putting in other names. that's long-term memory. that's fitness. so i would urge that the president submit himself immediately to a full examination with mris, be transparent to the american public. he is president now.

he wants to run again. he is president now. we have the right to have a leader who is fit to be our leader. >> dana: byron, the white house has a press briefing at 1:00 today. i don't know how i would prepare for this if i with as the press secretary. the nbc news poll said 62% have major concerns about biden not having the mental and physical health for a second term. that was before this report came out. do they try to spin this or do they try to deal with it in the democratic party? >> well, the president made things infinitely worse by going on television last night. if he hadn't he would still have the option trying to joke away some of this. humor is one way you deal with problems in the white house. but the problem with this problem is that it's unfixable. it can't be fixed. also it's a very human thing.

and everybody has an opinion about joe biden's faculties right now. that includes millions of people who voted for joe biden and who would like to vote for him again if they felt he were up to the job. i think one big problem, this is a mixture of politics and personal life. everybody has a relative who has gotten old, a father, a grandfather, a great uncle, maybe they are getting old themselves and have seen this happening. and just the other day joe biden won the south carolina democratic primary unopposed. gave a little speech on video and i went back and looked at his speech this february and i looked at his victory speech in the 2020 south carolina primary, february 2020, just four years apart. a marked difference in biden's demeanor, voice, strength of his appearance. that's a real decline over four years.

now he is asking for four more. >> bill: another clip. this is from the past week. he was in washington, here in new york. that was a doozy of a day. it runs 34 seconds together, watch. >> president biden: the president of mexico, cici did not want to open up the gate to allow humanitarian to get in. there has been a response from the opposition, but why yes, i'm sorry, from hamas. i sat down and said america is back. mitterrand from germany -- i mean from france looked at me and said -- said, you know, how long are you back for? >> bill: the reason we played that is some of those events are recent. some are not. some in the past. you write keep in mind when it comes to memory short-term memory tends to leave us first followed by longer-term memory

and i'm so concerned about the recent mistakes. is that what you are referring to and if not, explain why not? >> i am referring to that, bill. it is getting worse because it's occurring more often. i don't call them gaffes. i have think the american public and media has made a mistake calling them gaffes. they are lapses. i think he is very defensive about it and not defensive about it, by the way, because he disagrees with it. it is very common if you have cognitive errors to be very defensive and not be aware. everyone knows who has a relative going through this, the relative is the last to know. to byron york's point this relative is not our grandfather, he is our president. i would love to show compassion and empathy here and want to be in a position to do that. that's my job as a physician. i'm worried that he has the nuclear codes. i'm worried about fact he is in the most powerful position in the world and is having these lapses more frequently and they are huge. if he doesn't remember that the

president of egypt is not the president of mexico, how can he make a decision regarding egypt or mexico? we have to ask that question. it is not an answer, it is a question. we deserve an answer. >> dana: byron, sitting here today do you believe that joe biden will be the democratic nominee in 2024? >> i've always thought it is incredibly hard for a political party to oust a sitting president of their own party who wants to run for re-election. it's almost unprecedented. so i have always thought that biden actually would be the nominee and if many, many americans did not want a biden-trump rematch that's what they'll get anyway. this is an extraordinary thing that just happened. the president's reaction to it is an extraordinary thing. i think what it is doing is allowing democrats who had serious, serious reservations about biden running again, to

have something to cite now, to come forward and say they are very worried. although we're already in the primary season. it will be very, very difficult to make a change. you have to remember, this has been true for a while, democrats are just one fall or one health crisis away from needing a new presidential candidate. i think the party, this report is helping the party realize that. >> bill: thoughtful answers from both of you. thank you. ♪ >> bill: okay, get ready to rock sunday night. fans of the halftime show are asking who will join usher on stage. we are going deep into the vault trying to figure out the video gleaning some hints. the grammy winners, superstar sold 80 million records, nine number one singles bringing out surprise guests to become a

super bowl tradition. theories are out there, pit bull, ludicrous, justin bieber, maybe all three, maybe none. >> dana: i think beyonce. >> bill: there is a gal online this week had justin bieber rehearsing a song. she went back through all his lyrics and matched the words to how the song ends and she predicts justin bieber will be there. >> dana: i like the detective worth. thank you for that lady on instagram. the state department issuing a warning to americans saying don't look for love overseas. the reason why. plus this. >> totally destroyed. feces everywhere. these properties are staged to go on the market. they're having pizza parties, you name it. >> dana: atlanta becoming the squatting capital of the

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>> dana: valentine's day warning from the state department. criminals gangs are using apps looking for love turn a trip overseas sometimes with deadly results. we have this update. >> something truly bizarre and tragic is happening to americans looking for love overseas. the u.s. embassy in bogota, columbia is linking eight murders, suspicious murders of americans to -- i want to make

sure i get this right. involuntary drug overdoses or suspected homicides. there is also this. criminals use dating apps to meet in public places and later assault and rob them. a whole lot of americans in columbia have been drugged, robbed and even killed by columbian dates. one minnesota man was murdered in december after he was lured through a dating app. he travels all the way there only to be kidnapped. he was extorted and ultimately killed by a group of columbians. this in jamaica warning from the u.s. embassy. several robberies over the last 18 months of u.s. citizens through dating apps with the lgt -- ahead of valentine's day state department is warning people. >> travel advisories when we add

specific information to them. in this case dangers around cyber presence and online dating. it is rooted in circumstances on the ground and something we take very seriously. i will leave it at that. >> all these suspected murders and assaults and robberies have taken place in the last two months. they expect something sinister is at play. a serious warning ahead of valentine's day. >> dana: thank you. >> bill: squatters taking over an entire neighborhood in atlanta to the tune of 1200 homes according to one survey. it reached such extremes owners are offering to pay them to leave. lawrence jones made a trip to atlanta to speak firsthand with some of the victims and back here to talk about it. do we have the clip? can we play that? this is you talking to some squatters inside the house, okay?

this is a woman responding to it. watch. >> it's not that easy. first and foremost it's dangerous. people that are doing that ultimately have no fear because they are taking possession of your property without your consent. they have broken into the property, putting these ads on craig's list and then taking people's money for deposit and rent and then they don't get access to the property. that's another thing of them getting scammed. >> bill: some of these people you saw in the middle of the night. 1200 homes. who owns these homes? they are all empty? >> some of them are small businesses. this is me confronting an alleged squatter and i asked her about it. she went through a tale of stories that brother, son was in prison, she found it on craig's list. give i said provide me the lease that i can see it. none of that.

what we're seeing here is smooth criminals. they realize the laws on the books, they know if they can stay there for 30 days, print out a fake lease from online the court proceedings will take six to seven months and by that time they have already found their next victim. the laws need to change in short. >> dana: is there a movement to get them changed? >> it is state by state. if you are in texas they can get you out within 72 hours. justice of the peace, laws don't protect squatters that much. if you are in georgia, if you are in florida, it can really take you out. >> dana: that's crazy. >> after they leave and finally get them out and after these homeowners paying the mortgages for those seven months, they have to pay for the repairs which some cases is $30,000 worth of repairs. they're done and depleted. >> dana: what do officials say there? are they saying our hands are

tied? somebody has to do something. >> this is one of those criminal issues that you have to have the will to do it. and everyone keeps saying the laws need to change. we got it. change them. when you have members of the legislature that aren't putting the bills on the floor, then there is some apathy there. a lot of people don't know about this issue: it can happen to you. >> bill: agreed on that. the city of south fulton below atlanta, southern end of fulton county near the airport. >> that's correct. >> bill: they've let this ball of string unwind for too long. how to pull it back. what is going on in new york. the "new york post" editorial about the d.a., what will he do with the migrants. the d.a. gets around to indicting migrant cop beaters who fled. hard to tell if his behavior is worse or the thugs. he made a national mockery of the city by letting these guys know.

we don't know what the story is here. were they on the bus or not. arrested in phoenix or not? >> what the d.a. had the ability to do. the fact that the d.a. is saying in a press conference sitting next to adams which i thought was just -- they said they were outraged. why did you not say that to the judge and deny the bail? why didn't you make a motion for that? again, him and adams, adams was critical a little bit at one point in time but now standing next to the d.a. not just the migrants but the criminal element in the cities. they are released on the street day-to-day and they get away with anything. why do we expect anything different from the migrants after we hand out credit cards. >> dana: will you see more of that next week? focusing on crime next week. >> next week we'll go on the road to america's crime cities. we'll -- if you live in a liberal city i could be visiting you next week. >> dana: be on the lookout.

>> mahomes is a texan and we stick together even if taylor swift is on the other side. >> dana: good to see you. >> bill: have a good weekend. >> dana: super bowl sunday is almost here. who will take home the lombardi trophy? ♪ ♪ a few years ago, i came to saona, they told me there's no electricity on the island. we always thought that whatever we did here would be an emblem of what small communities can achieve. trying to give a better life to people that don't have the means to do it. si mi papá estuviera vivo, sé que él tuviera orgulloso también de vivir de esta viviendo una vida como la que estamos viviendo ahora. es electricidad aquí es salud.

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>> harris: a surreal week for the president of the united states and potentially a victorious one for former president trump. massive fallout after that bombshell report from robert hur which found biden willfully retained classified documents and it really poured gasoline on the already burning hot issue of biden's mental acuity and ability to serve. former president trump celebrating favorable supreme

court arguments in a landslide nevada win last night. brett tolman. airy fleischer and jason rantz, "the faulkner focus" top of the hour. ♪ >> dana: fans with deep pockets are in for a feast at the super bowl. the menu being served in luxury sweets. surf and turf nachos and beef hot dogs and seafood stuffed potato. capping the meal is a sundae. the price tag for the suites will set you back 2 1/2 million. >> bill: san francisco and kansas city how they match up. the info to the game watch party you are going to with your food. this year offense really good for san francisco.

defense pretty good, too. they rank third in the league in points allowed. pretty good team for san francisco. kansas city has all the experience in the postseason recently. they did play against each other five years ago. offense eighth which is kind of below their margin. defense put up good numbers, four and two league-wide when it comes to yards and point allowed per game. patrick mahomes, a ton of experience in the postseason. 17 starts from the postseason. two-time super bowl mvp and good quarterback rating. the guy you need to think about brock purdy drafted last three years ago. 262 in the nfl. mr. irrelevant. his five game in the postseason decent quarterback rating. you ask yourself do you want

purdy or patrick mahomes with all the experience and all that stuff? what do you think? >> dana: i don't know. i just went with kansas city because you were going for san francisco. what do i know? obviously. >> bill: i'm not cheering for a team but a player. >> dana: brock purdy. one thing before we go. favorite football moment of every playoff season i've ever seen. do we have that here? no, we do not. here we go. this is you in 2022 after the bengals win. >> dana: hemmer isn't here because he was there and he joins us now. bill, i was having a heart attack on your behalf. you haven't responded to any of my text messages. glad to know that you are alive. what was it like? >> bill: right on. it was amazing. i'm so happy. >> harris: president biden on defense lashing out during what was supposed to be good news that he will not be indicted for