occurrence and the president thinks we should fix it. he gave all the documents back. he knew he did -- that the government should be in possession of the documents and what we are going to do, appoint a task force to review how transitions look at classified material to ensure there are better processes in place so when staff around the building are rushing to pack up boxes during a transition, the same time and up until the moment they are governing and doing matters of state, they are going to make recommendations that's going to be fixed and appoint a senior government to do that. >> 2017 he had classified material downstairs, he boasted about it. >> in your advocacy here and in the president's counsel writing back to mr. hur, you are saying that there were gratuitous comments, false pieces of information. how is the american public supposed to process this when we

also live in a world where former president trump asserts that there was a politicized process that resulted in his prosecution related to classified documents and other things. so, for the public, if democrats and this administration say trust the department of justice, trust the institutions, but you are also arguing here gratuitous political cheap shots and false assertions. how are they to process that. >> i talked about this a minute ago, and when you have the former attorney general, when you have the former acting fbi director, when you have the former general counsel of the fbi, you know, these are experienced people at the justice department who spent decades working at the justice department and they are saying it's gratuitous, they are saying this is inappropriate, this is inconsistent with doj policy and practice, it's them saying. we agree, you know, you heard the president speak about this last night, and the vice president speak forcefully about this today, we agree it's

gratuitous but we are in a pressurized political environment and when you are the first special counsel in history not to indict anybody, there is pressure to criticize and to make, you know, statements that maybe otherwise you wouldn't make and i think it leaves you wondering why some critiques are in there, but important to fundamentally distinguish between the prior case you mentioned, i want to be careful in terms of commenting on that, but the special counsel report goes into great detail about the distinctions there, and the criticisms you are hearing of the gratuitous comments in the report, which are wrong, frankly. >> on the many issues related to memory, prompt an angry response from the president and from his advocates. is there anything being done to address that issue in an ongoing way? obviously counsel wrote asking for some of those things to be

removed. it is potential that robert hur could be called before congress to testify in public. any steps the administration would take addressing that specific issue. is it in relation to overall medical physicians report of the president or other things to demonstrate what is the issue with memory and is it a factor that deals with his capacity to serve. >> well, i have a lot of issues with the contents of that question and karine has answered a lot about the president's transparency and his medical records and physical and things of that nature and i leave that to karine to handle. i'll say, i just read you this, page 248, sorry, excuse me, later in the report he says "we expect the evidence of mr. biden's state of mind to be compelling," "clear and forceful testimony." i cannot explain why the report veers all over the place on this issue. i can say and as you've heard from the vice president, members

of congress talking about their recent interactions with the president, congressman goldman talking about the interaction with the president the day before the interview when goldman was on the ground in israel and the long intensive conversation they had what was going on on the ground. we reject this is true and i think it does raise questions about the gratuitousness and makes you wonder why it's in there. >> thank you karine and ian. so, you are discrediting some of the findings in this report. you are discrediting some of the observations of president biden. so why should the american public accept the conclusion that charges were warranted? >> i'm not sure i understand what you are asking. >> you are claiming that much of the report is inaccurate, so why are you so confident the conclusion is correct? >> the conclusion has been obvious from the very beginning. it was a long, intensive, sort of meandering investigation that came to the conclusion that in february of last year everybody

knew that this wasn't intentional, that this was an accident, that they were found and as soon as they were found the president said give 'em back, get 'em back as soon as we can and fully cooperate with everybody. he reached the conclusion because it's the truth. the conduct of the investigation throughout and the gratuitous comments in the report are troubling and are inappropriate. but i think that the finding was the obvious one because it's the truth. >> president biden blamed his staff largely for the mishandling of documents and where they ultimately ended up. does the president believe he did everything right when it comes to handling classified material? >> just look at the -- again, look at the report, i know it's long, but the report talks about how the evidence is these were most likely packed up by staff during. movements and things of that nature. you guys know, you work with white house staff all the time. we support the principal, that's our job. and principal relies on their staff to help them with things

and the president said last night, he talked about how looking back if he had been more -- more engaged in that process the packing and the moving things to make sure things were done the right way. and i think the most important thing to remember is once it was realized something wrong had happened, he did everything right to get it back and to fix the problem. >> what about all the stuff he talked about that was in his home in filing cabinets, that were either locked or able to be locked in his house. what stuff was he talking about, classified material? >> we talked -- the report goes on at length about this. i would encourage you to read it. >> what he said last night. he said the stuff in my house was all in filing cabinets that were either locked or able to be locked. didn't he put them in his home? >> i'm not really following the question. i think that what's clear, and told this to justin a minute ago, he has personal diaries that he had. of course he has personal diaries. the documents that were taken were jumbled up in boxes and found inadvertently in places

and that's what happened. >> we have to move on. >> how concerned is the president and the team here that the "gratuitous comments" are going to damage him, damage public perception of him. >> i think the public is smart and i think they can see what's going on. i think they see a president who fully cooperated, i think they see a president who did the right thing and made sure everything got back and i think that they see this was a long investigation that ended without a case to be made. and you know, i think that they can see and understand, you know, when people are gratuitous and make comments they shouldn't make and are beyond the remit of a prosecutor to do, i think they understand that and i think they'll understand the president did the right thing here. >> if the 7th and 8th or 8th and 9th were very busy days the president was overstretched taking calls in middle of the night, all of this, why continue with the interview with hur, why

not do it on another day? why give him the opportunity to have these lines in the report about lapses about timelines. >> he should have thrown up roadblocks, is that what you are saying? >> no, like hey, the world is on fire, could we do it another day. >> i'll tell you what's interesting about this, and oddly not in the report, at the beginning of his interview, special counsel told the president, i understand that you are dealing with a lot of things right now, and i'm going to be asking you questions about stuff from a long time ago. i want you to try to recall to the best of your abilities, you know, things of that nature. what prosecutors would tell witnesses so you know, he understood that. the president was going to commit to being cooperative, he talked about this last night. he wanted to make sure he had everything needed and did not throw up roadblocks. >> had the president read the entire report and when was he given the report?

did he review it when his lawyers -- did the privilege review, do you have any context when he himself found the findings of it? >> we received the report yesterday from the justice department formally sending it over. obviously the president's lawyers were doing the privilege review that we disclosed to everybody was happening when we had concluded it and so i think you know, they were -- they had briefed him on the material as the client, you know, as is typical in a legal case and then we received the full report yesterday, you know. the president has been pretty busy, i'm not sure if he's read 400 pages, not sure how many folks have read all 400 pages. he is familiar with the contents of the report. >> the president was animated last night rejebting the idea he did not remember when his son died. can you -- was he directly asked for the dates, was it part of a broader conversation, i just need some additional context to

understand what is in that report might be helpful. >> i mean, the president was pretty clear last night and the american people have heard from him for years about the pain and suffering that they went through when beau passed away and the gravity of that and i think to suggest that he couldn't remember when his son died is really out of bounds. the conversation in the interview back and forth, he's being asked about, you know, file folders from a basement and how did they get there and what is that, and what were you doing around that time things of that nature. i don't want to get into specific things while it's still in a classification process. but you know, it is safe to say that of course the president knows when his son died. >> do you have any sense why the special counsel would write in the report that the president did not -- was unable to recall when his son died? >> you would have to ask the special counsel why he chose to include that. >> you said you told the special

counsel that the criticisms of president biden were inaccurate, gratuitous and wrong, how did the special counsel respond? >> put out his report. >> ignored. >> i am unaware of any changes made in response to our very strong, forceful and rooted in evidence arguments that we provided. >> you had just mentioned how these interviews happened shortly after the october 7th attacks, the president mentioned last night. mentioning that, does that mean that possible memory lapses happened because he was distracted what was happening overseas or do you dispute he had any memory issues during those hours of interviews. >> i dispute the characterizations about his memory in the report are accurate because they are not. and i think the president spoke very clearly about how his mind was on other things. he was dealing with a huge international crisis of great global consequence, and you know, he was trying his best to answer questions in this interview because he wanted to be fully cooperative.

>> so there were no memory lapses during -- >> i think something important people should remember about the way sort of interviews like this happen. god forbid one of you have to be interviewed by a prosecutor, i hope you don't. witnesses are told as i mentioned by special counsel to do the best they can to recall or remember things. and they're not supposed to speculate, you know, they want facts. they want facts in evidence. and so you know, i think probably in almost every prosecution interview people have said they don't recall things. i think it's important context to keep in minds. >> in september the president was asked about trump's classified documents found at mar-a-lago, and he said "how could that possibly happen, how could anyone be that irresponsible" but there were classified documents found in the president's garage in a damaged cardboard box. is that irresponsible.

>> the president made clear he gave everything back when he found out he had it. i think it's fundamentally incorrect to -- and frankly the report says that, too, and the idea he did anything except be totally cooperative and great strides to ensure the classified documents were returned speaks for itself. >> the vice president referred to the report as being politically motivated. is that the position of the white house it was politically motivated? >> i talked at the top of our conversation here today, you know, there's an environment that we are in that generates a ton of pressure because you have congressional republicans, other republicans, attacking prosecutors that they don't like and it creates, you know, a need if you are going to determine that charges weren't filed, people are human and they are

thinking through, you know, what do we need to do, and you know, it leaves one to wonder why he included a lot of the criticisms that were in there. >> also with regard to the staff, president biden has had some staff members who worked for him for decades that he referenced their mistake last night. has he had a visit with any of these staff members, do the staff members who are responsible for taking those documents to his house, do they still work for the president, have there been any consequences? >> i talked about this also before. this is an issue that has plagued administration's both parties for 50 years, accidentally things are shuffled up and taken and removed and the archives has, literally, put a frequently asked questions page on the website about what you do if you find them accidentally, that's how often it happens. and you know, he gave them all back as soon as he found out about it. we understand that mistakes happen sometimes. i'm not going to get into an individual witness or parsing.

>> president bush senior or jr., i don't know if three people make it a common -- >> officials from the past, you know, half century or so have had it happen. and the report states clearly, likely a result of inadvertent packing by staff and you asked exactly about the staff issue and so i'm responding about the staff issue. >> you can't say whether the staff still works for president biden. >> the question you are asking about, the frequency and normalcy unfortunately of mistakes like these being made, they happen. and what happens is how you respond toit and find out there was a mistake made, you give everything back. that's what was done. >> what does it say about merrick garland's judgment he appointed someone that put out a report so egregious, so inappropriate flauted department regulations and norms.

>> i think the president answered the question last night. he talked about his views on the appointment of special prosecutor and i don't have anything beyond what he said. >> two things i was hoping you could quickly clarify. report says in 2017 the president told his ghostwriter they just found all the classified stuff downstairs. why did he not report that at the time? >> well, and this is included in the report as well, if you read through it. the president was talking about a handwritten letter he had sent to president obama that he faxed to him about the afghanistan policy in 2009 and you know, he says, and this is in the report, and he said last night, i should have said sensitive -- i should have said more careful language about that, he was talking about something that was like a letter he sent to the president. >> in his mind it was sensitive but what he said was classified. >> this is in the report. they talk a lot about how the president actually took great care when talking with his book writer to note things like hey,

you need to be careful with some of this stuff, i'm not entirely sure about it. so i think that's important to realize the report itself actually talks about what care he took with this sort of information as they explore all the theories and go through the evidence that refutes most of those theories, actually all of those theories when you think about the judgment there will be no case in this matter, so you know, that's addressed in the report. >> the second thing, the president has said last night, all the stuff that was in my home was in filing cabinets that were either locked or able to be locked. but the report says that some of the classified documents were in cabinet drawers while others about afghanistan, for example, were in unsealed and badly damaged box sitting in his garage. did the president misspeak last night? >> a number of inaccurate allegations in the report. we talked a lot about, justin asked about the diaries. personal diaries, they are in his house. so you know, i don't have anything to add on what he said

last night. >> i want to follow up on the vice president's comments on -- you've been saying gratuitous, she said politically motivated. is it this administration's stance that this report was issued in part or there was a motive in this issue, a goal with this report to inflict political harm on the president? >> i think you have to look at -- we talked about this at the beginning of our conversation today. you have a situation where former doj officials are talking about the political repercussions of these actions, and that it's incumbent upon the prosecutor to take great care to follow departmental policy to not criticize unindicted conduct or behavior or characteristics which we have seen in this case. >> i understand, former doj officials, but this white house right now, is it the stance by this white house that this report was issued in part with a motive and a goal to inflict political harm on the president. >> i heard the question the first time and you know, i have

nothing to object to what the vice president said. i thought she was powerful and forceful. >> also to follow up, i'm sorry. this administration, as you said, you said that republicans have often attacked prosecutors independent -- and said it created environment where if i've interpreted this right, an incentive by this special counsel to include some of this language. but often i've heard from democrats and the white house say those attacks against independent systems can also sow distrust with the public and independent institutions. by saying this is politically motivated, does this not also sow distrust with the public? >> i reject that question and it's in the report, the letter that the president's lawyer and the white house counsel's office sent to the special counsel to talk about the department of justice norms and policies that they see as being violated by some of the comments and remarks made in the report. and so you know, i think that

that's a false question, what we have argued and say and believe you are not supposed to make these sorts of things, according to justice department policy. the president when he ran and you all know this, you heard this, talked about how important it was to restore the rule of law, and he understands that, and he talked about this last night to m.j.'s point about the appointment of the special counsel and sort of how he felt about that. the you know, this is a president who is committed to restoring those norms and i think when we object to some of the gratuitousness and the comments you were asking about, and you hear me talk about the former attorney general and other people who have made those comments, they are criticizing that this does not follow those norms. >> we have to move on. we have to move on. >> the question -- >> with respect to the portion of the video and the transcript he was asked about a time as vice president and beau biden's death, why not release those parts of the video. those are not classified.

>> it's a transcript we are talking about and i already addressed this with justin. >> so what you are saying that wasn't a video -- there's not tape that you can release of that. >> i think the question is about the transcript. >> and as far as former attorney general holder, you referenced him and the doj process, what part of the normal doj review process is the white house saying was violated or bypassed in some way? >> there's actually, a little in the weeds, pardon me, but the special counsel regulations that exist at the justice department govern the process and they have a manual of procedures and you are not supposed to criticize unindicted conduct when making these determinations. >> follow-up and then separate question. you said a moment ago the president was responding to inaccurate information when he claimed last night all the stuff in my home was behind locked

filing cabinets. is he entirely clear now at this point where all the documents were discovered, and does you now know his statement about locked filing cabinets is false? >> the report lays out in 400 pages of detail all the evidence and all the review that they conducted in looking into this matter. the president made sure the documents were returned to the government which is what you are supposed to do, the inevitable conclusion there is no case here. >> that's not what i asked. does he know all the documents were behind locked -- last night, stressful, confusing environment. >> i understand what you are trying to ask. >> follow-up question, my follow-up question after that lack of response was there was an eye popping moment in the report specifically about the president's ghostwriter, and that was that after he learned

the special counsel had began an investigation, he deleted some of his recordings. now, those recordings were able to be recovered. what i'm curious about, can you say definitively whether or not the president or anyone else at the white house was in contact with his ghostwriter. >> this is in the report. read the report. they sought this, looked into it and that they didn't. >> in the report. >> john, wrap this up. >> ian, thank you so much. two questions. just for clarity, you are from the white house counsel's office. >> correct. >> but you are not a lawyer, correct? >> that's correct. i'm a spokesperson. >> ok. any chance that we'll get the white house counsel to come out here and answer questions directly? >> should i be offended by that? >> i get offended all the time. >> come on. >> you did say -- there has been a previous session -- >> john, finish your question, please. >> i was asked to come today by your colleagues in the press corps and we happily obliged.

>> as you know, former president trump, he was charged with a slough of criminal charges with classified documents in his possession, including willful retention of national defense information. in this report, it's made clear by the special counsel that president biden willfully retained and disclosed classified material, he kept it in unsecured locations after his vice president, serious risks to national security. my question to you, ian, is can you explain to every voter out there, every american why it is that president biden essentially is let off the hook and former president trump is now facing these slough of criminal charges, seem very similar. >> great wind-up, john.

i talked about this already. page one, willful retention, page 215, a shortage of evidence on these points. the report itself goes through in great detail the facts and evidence that led to the obvious conclusion that there was no case here. the report itself answers the question you are asking about the distinction between two cases as you guys have heard us from the white house say for a long time, we are very careful about commenting on certain cases like that. i would encourage you, perhaps all of you, read the report. >> i've read the report and the reason i asked the question. the reason why so many people seem confused, you hear willful retention of national defense information related to trump. willful retention of classified material relating to president biden and yet one individual is facing criminal trial being brought by the department of justice in fort pierce, florida and the other one not facing any charges whatsoever. >> sure. i think i've talked to you guys in the room over the last 24

hours about this, the allegation that there was willful retention of documents is refuted by the evidence in the report, and the conclusion was made directly that the evidence does not support that claim. he explored the theory, its in there on page two, i'm exploring the theory of willful retention, but the evidence as a whole was insufficient because that's not what the facts show. >> thank you so much. >> thanks, karine. >> thanks, ian. >> special counsel probe -- >> i would say refer to the white house special counsel and now, not special counsel but legal counsel, they are here, they came. go ahead. >> excuse me. two questions following up on comments the president made last night. president biden called military operations in gaza over the top. and this comes after the white house has pretty consistently

defended israel's conduct. what's changed and what did the president mean by over the top? >> yeah, first of all, you know, i would say nothing has changed. his position hasn't changed, i don't think his messaging has changed, we don't think has changed -- >> sandra: we are going to continue to monitor the white house press briefing, we have karl rove and kerri kupec urbahn standing by, general kellogg as well. ian sams said the president thinks he did everything right, we know the special counsel found biden willfully retained and disclosed classified materials, including documents implicating sensitive intelligence sources and methods. ian sams declared this information in the report was inaccurate. while he also consistently referred back to it its accuracy, in anything that worked in favor of the president. a lot of big questions developing right now, after hearing from this spokesperson

for the president, for the white house counsel office. did the special counsel lie, then, is that the implication from what we just heard from the white house, and is the president going to ask the special counsel, or merrick garland to fire her and what happens with merrick garland, if this is entirely inaccurate? >> john: the way he cherry picked from the report, like a famous cafeteria in texas pick a little of this and a little of that, and with that, let's go to texas and karl rove, karl, there's so much to talk about here. how are you struck by it? like 40 minutes of nothing to see here. >> yeah, well, i have two -- step back a minute and i have two conclusions. one is that the ordinary american is going to sit there and say i don't understand why president trump was indicted and why president biden wasn't and they are going to be confused and don't see the differents and the nuances that mr. sams laid out so undermine, i believe, public confidence in the

indictment of president trump. the other thing -- and there are real differences. you know, there are real differences between the two, but to the ordinary american it's going to seem confusing. the second thing is we can't unhear what we've heard. and what we heard in the report was that president biden has memory problems and cannot recall common details, and then we had the president's angry response last night in about a 16-minute long televised newser with the white house press corps which made it worse, confused the president of mexico with the president of egypt, and said things that are very hard for us to get our hands around. he talked about how he had been asked about when his son died and said i said to myself at the time, why the hell do they -- are they asking, it's none of their business. that just doesn't make sense. so, we can't unhear what we've heard and what we have heard is

that all of our concerns that have led three-quarters of the american people to think he's too old and two-thirds of the american people think he lacks the mental acuity and sharpness and stamina, elevated by what we have seen and heard the last 24 hours. >> sandra: if you are behind closed doors at the white house, i don't know, what does the president do next here, what does his team do? >> i was shocked, for example, they put him out last night. look, he's old and he does not get better over the course of the day. who told him he had to go out immediately as opposed to, you know, coming out this morning when he was a little bit more fresh and could have a little bit more time to consider what he said. he just did not look good last night and it showed. and we saw it. so change the subject. but the problem is in order to change the subject you have to get the president out there. think about this. last time we had him do a televised news interview, october. last time he did a news conference, november.

and at the asia pacific economic cooperation meeting and he took four questions. he's not doing the sunday super bowl interview that presidents have historically done. he won south carolina. he did not declare victory. he announced attacks were made -- response made to the houthis. he did not talk to the american people about it. he ordered attacks on the iranian proxies when they killed three american service people. he did not talk to the american people about it. but somehow or another somebody said you have to go out and talk immediately about this, and whoever advised him on that ill-served him. he should have taken his time and we need to hear from him more on other things if he hopes to change the subject and that may make the problem worse, not better. >> john: karl, two moments when the president misspoke, mixing up egypt and mexico, and then also the boxes in the garage, and the picture, the president said everything that was found

in my home was in a cabinet that was either lockable or locked, but as we saw from the photos, the boxes in his garage, they were not even locked with scotch tape. so ben domenech thinks this is going to be a self-reinforcing process, where now everything, every time the president misspeaks between now and november, people will point back to this report and say it was right there in the 388 pages of this report regardless of how ian sams is trying to spin it. >> i agree with ben, a reoccurring problem. the problem existed before the report came out, three-quarters of the american people saying too old, two-thirds said he didn't have the mental sharpness, ben is right, we are going to remember this moment, remember other moments and every time it happens and every times he makes a verbal miscue and a lack of memory and shuffles and

shows a lack of strength, this is going to continue to be a problem that grows and grows and grows. >> sandra: i mean, you just go back to the very basics here and ian sams, you know, basically referencing it was his staff that gathered up these classified materials and this is how it ended up in his possession. i mean, we know the doj report reveals biden willfully retained and shared highly classified information and then the spokesperson just now saying "biden did not intentionally take classified documents," did not intentionally, go back to the basics of the classified materials having to be read in a scif. how else did they leave the room? >> yeah, well, look, this is not good for the former president -- granted, mr. sams made the argument that the special prosecutor was examining the issue of willfulness and did not find substantial evidence to affirm that charge enough to indict. so we are going to be left with sort of, you know, we are going

to be left in a period where the ordinary person is going to try to make sense of this and what they are going to say is donald trump took documents, he got indicted, joe biden took documents, he didn't get indicted, i think that's fundamentally unfair. now, that would be colored if you are a biden supporter, you are going to say well, a difference. if you are a trump supporter, say no difference, but the people we are talking about are the people up for grabs in this election about the 10 or 12 or 15% at most who are capable of moving between one candidate and another, and that's going to have an adverse effect for those people's attitude about president biden in my opinion. >> john: karl, thank you for hanging with us through the white house briefing. we know you have a busy day. have a great weekend. see you on the other side of that. >> sandra: thank you. our coverage continues now with team coverage. shannon bream, general keith kellogg, but kerri kupec urbahn, fox news legal editor and former

counselor with attorney general bill barr. what struck you? >> referenced someone from the mueller team said it was inappropriate what rob hur had done, exactly what mueller did to donald trump. hundreds of pages of extra information, ham strung or ruined the first couple of years of donald trump's presidency, and i think this sticks out particularly in my mind because it was my job when i was at doj to disseminate that report to the public. and i remember thinking at the time how uncomfortable i felt that the department of justice was putting out a report criticizing the conduct of someone that we were not indicting, and yet here we are again seeing doj do the same thing to joe biden and i personally think there should be a change, the special counsel regulations. i do not think these reports are good for justice. there should be a simple guilty or not guilty but not reports where we trash people's reputations and ruin their

administration's which can be far worse. >> john: take a moment and play out what ian sams said on that point. >> the former fbi general counsel i'll add was also the lead prosecutor in the special counsel mueller investigation said it was "exactly what you are not supposed to do," putting your thumb on the scale that could have political repercussions. that's the assessment of seasoned professional law enforcement officials and prosecutors with deep experience at the department of justice. >> john: shannon, mueller report, they did not put their thumb on the scale. they got a hippopotamus and put it on the scale. >> shannon: well, i mean, remember, what's going to happen here is that a.g. garland has said he's ok with special counsels going to testify on the hill. so i would imagine there will be a lot of lawmakers who have questions for all these different gentlemen up there, including robert hur and you heard the president talk about blaming his staff, ian sams said some things that don't

necessarily line up with what's in the report. they will hear from robert hur himself. he will clarify on a lot of these issues. he will tell us exactly what he thinks the president did and didn't do with mishandling documents, where they were, whether it was staff involved or whether this was, you know, actually trails back to the president and the buck stops with him. so we are going to get to hear probably from robert hur, at least according to what the attorney general is telling us, and everybody on the hill will look forward to that. >> sandra: shannon, thank you. general kellogg, you are also here. this brings up concerns over national security. where do your concerns lie and what you just heard. >> look, a huge difference between what president trump did and what president biden did. you know, there's broad legal authority under section 2 of the constitution, what a president can and cannot do, and classification and declassification of documents. look, these documents were not taken to his house when he was

president. it's when he was vice president and he was senator. and it's a cavalier approach to it. that's how i look at what he has done. and last night when president biden said well, he kind of used his hands and well, the documents weren't color coded. every color sheet on a document, blue for confidential or red for secret or orange for top secret, they are covered. but each paragraph, each page is marked top secret, secret, confidential, or if you even go to the special category, it's there. so, this is a cavalier approach by the president when it's really kinds of irresponsible to put that in the garage and the fact that he's known he's had these for a long time. we handled classified documents hourly in the white house and we are sensitive to what happens, and i was in the room when they declassified information with the director of the cia, chief of staff and legal representation of the white house. i saw how it was done. but it not put in boxes and

taking it home, especially as a vice president or a senator. it does not happen at all. >> sandra: ok, general kellogg, thank you so much. we have some breaking news we are watching. >> john: appreciate it. watching for an nypd update on a shooting at times square in a clothing and shoe store last night, a tourist was hit and wounded. we'll listen for any news. back on the other side of this break. (♪) we come from a long line of cowboys. (♪) when i see all of us out here on this ranch, i see how far our legacy can go. (♪)

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>> sandra: fox news alert, live to new york city, this new york police department presser is happening right now, talking about the third suspect being apprehended in this times square shooting that happened last night. in talking about the shooter, he just said that he has just come to the country months ago within

the last few months, he's considered armed and dangerous, let's dip in and listen and get more of the news. >> his training dictates you got to be prudent when you are going to fire your weapon, and when there's people around you can't fire. you don't want to hurt someone else. they showed great restraint. frank, the most restrained police department in the world and proved it last night. >> what can you tell new yorkers tonight, is times square safe? >> it's safe. thousands of people shopping, walking arounds. times square is safe. we are the safest city in the world. you see the incidents, the cops are where they are supposed to be. we like to prevent everything from happening but the second thing to be there and keep the community safe. very safe. >> so this 15-year-old, so he was in custody last night, and

was released like this morning because he didn't have any role in the shooting? >> no, he was a person of interest, the two other minors are people of interest. we want to get this right. so, right now we are not going to reveal who they are, our detectives are putting video together and will find out what their role, if any, took place in this. and i failed to say this. the 15-year-old shooter is also a suspect in an armed robbery january 27th in the bronx at gunpoint. i can reveal to you now also he's a suspect in a shots fired job in midtown north behind me where .45 caliber shell casings were recovered. those will attempt to be matched up to see if it's the same gun used. >> linda smith, fox 5.

[indiscernible] >> the shooting on 45th street -- [indiscernible] >> correct. yep. shots fired job, shots fired job in midtown north by the park, an armed robbery and january 27th in the bronx, and now this incident last night. >> time for two more. right here. >> sandra: all right, so we just turned a big chunk of this presser that you missed earlier, when the chief of patrol, john chel came out and talked about the 15-year-old shooter, residing in a temporary shelter at the stratford hotel on west 70th, entered the country september of last year, considered armed and dangerous, 15 years old, in possession of a .40 caliber handgun. he had no problems, he said, "firing into a crowd in the store, striking a tourist, not shooting -- shooting at the cops, i should say, shooting at

them twice." so we have turned that sound and will play that out for the viewers when we return. it's odd how in an instant things can transform. slipping out of balance into freefall. (the stock market is now down 23%). this is happening people. where there are so few certainties... (laughing) look around you. you deserve to know. as we navigate a future unknown. i'm glad i found stability amidst it all. gold. standing the test of time. ( ♪ ♪ ) start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand.

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15-year-old jose figueroa, a suspect in a shooting in times square, in which a security guard, police officer was fired at. he missed the police officer, but hit a brazilian tourist just above the knee. she was treated in the hospital and was released. she's ok. but this suspect is also a suspect in an armed robbery in the bronx back on january 27th, also a suspect in shots fired, including .45 caliber weapon. it was a .40 caliber weapon allegedly on his person. john chel talking about this suspect who is in the country as an illegal immigrant. listen here. >> he entered our country in september of this year. he is considered armed and dangerous. he's 15 years old. he is in possession of a .40 caliber handgun that he had no

problems firing into a crowd of the store, striking a tourist, not shooting at a cop once, but shooting at them twice. >> john: considered armed and dangerous, i believe he's from venezuela, entered the country in september of last year, sandra. >> sandra: this is a huge problem, and he said many times, people have to feel safe if they are going to continue to live in the city, come back to the city, visit the city, that was a block away from here, john, and that is just terrifying, so we'll continue to follow that story. meanwhile, on to this, football fans, john, are descending on las vegas for right now for sunday's big game. the san francisco 49ers will take on the kansas city chiefs in what could be the most watched super bowl of all time. joining us now live from vegas is jim gray, sportscaster and fox news contributor. great to see you. should i get your prediction out of the gate here? >> well, you come here thinking one thing and the longer you are

around this, you think the other. if you were around muhammad ali, or chuck wepner, you would believe him and his thing. now i'm kind of changing my mind. but in my mind, the best quarterback and the best player usually wins and the best player is patrick mahomes, he does not get rattled, nothing seems to bother him he's seen this before and they have not played their best football until the last couple of weeks and san francisco, you know, san francisco is a great team with great players, and it would be a tremendous story to see brock purdy, the last pick in the draft, mr. irrelevant, and mike shanahan coached the broncos, and 49ers assistant and his son now, kyle, has an opportunity to be the opportunity for the first father-son, great story lines. i usually think, i always think the best player always wins and in this case, it's patrick mahomes. >> john: so you mentioned brock

purdy last in the draft, a huge come from behind victory in his last game. kind of reminiscent of a good buddy of yours and i'm wondering, maybe the odds-makers are looking at that and they are saying that the 49ers are favored by two and a half points. why would that be, jim, if what you say is the best player wins? >> well, first of all, the best player and the best team does not always win. you can go up and down, trent dilfer, brad johnson, jeff hofstetler, and eli manning beat tom brady twice, and no one would say eli had the career that tom brady did. and brock is a great young player, and it's all in front of him and he really led the comeback, if you could call it that, leading, because it was really kind of led by dan campbell who missed so many opportunities to put that game

away and to put his team in better position. but be that as it may, brock purdy did a terrific job, used his legs, and a force to be reckoned with. i am not discounting them. you asked me who i thought, well, i think it right now but i may change my mind. floyd mayweather said i have the ability to change my behind. >> sandra: you had an event with tom brady. watch for a sec. >> exhibits are much more than championships, much more than just jewelry from a field of play. they are about the stories of people who help other people win. all these people have a story around my time in the nfl, with the patriots and the bucs and now all of those stories have a home here at the fontainebleau forever. >> i imagine that was a special moment. >> the hall of excellence with

my wife fran, and tom brady, and fontainebleau, all the great sports memorabilia in the country's history and something to relive the great moments and excellent achievements and proud to be partnering with the fontainebleau and tom brady and it will open later this year. >> john: looking forward to seeing that in person. we'll see if your chiefs pull through. jim, thanks so much, appreciate it. >> sandra: thank you, jim. >> john: prediction for sunday? >> sandra: chiefs 27-24. >> john: i'm saying 49ers. "the story" starts right now. introducing, ned's plaque psoriasis. he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. ned? otezla can help you get clearer skin,

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