what she said apparently is that isn't it them, using her words, playing the race card when they constantly think i need someone from some other jurisdiction and some other state to tell me how to do the job i've been doing for almost 30 years. she said more than that but the judge was keen on pointing that out. we got it? apologies, roll it now. >> [poor audio] them playing the race card when they constantly think i need someone from another jurisdiction in some other state to tell me how to do a job i've been doing almost 30 years. >> bill: how did the judge react to that? called it legally improper. that's what he said about it. it wasn't enough to disqualify her. >> bill: stand by, andrew.

you aren't going anywhere. we have another hour coming your way right now. thank you. 10:00 in new york, martha. to the next hour we roll. >> martha: so a bombshell court decision in georgia's election case against former president trump. the judge ruling this morning just about an hour ago that d.a. fani willis can stay on this case but only if she cuts ties with her former romantic partner, nathan wade, the man she hired as a special prosecutor to lead the case against the former president, donald trump. with that we welcome you to a brand-new hour of "america's newsroom." i'm martha maccallum in today for dana perino. >> bill: i'm bill hemmer, good morning. we talked at 6:00 this morning saying it would be a rock-n-roll day and it will be. awaiting a reaction from the d.a. the judge's decision raising a lot of questions. he found the defendants failed to prove there was enough conflict of interest to force the d.a.'s removal. the appearance of impropriety

meant either willis or wade has to go. >> it is like finding two people in a bank vault and taking one off to jail. the question is, you know, the appearance problem that the judge identified with regard to wade was directly related to his relationship with willis. only one of them was disqualified. so that's going to lead to these questions. well, why should willis escape that same penalty? the opinion leaves us feeling the court went and shot the wounded. >> martha: always put well by jonathan turley. shannan bream joins us now. how do you see this this morning as you look at this document and listen to all the back and forth as it rolls out? >> of course the judge knows the entire world is watching this case and so bottom line he says

you have to get away from the idea that there could be any appearance of trouble, of political conflict here. whether this case ends in conviction, acquittals or something in between the result should be one that instills confidence in the process. he says reasonable observer looking at this case has to say it was impartially applied, the law going after president trump and all these other co-defendants. you can't have room for this. we talked to the whole time going through the process hearing from the witnesses he had to decide a conflict of interest or the appearance of one. we see where he landed on that. you mentioned, bill, moments ago that speech in the church and a lot of people had argued whether it should even be allowed in. the judge spent a lot of time on it and said it didn't deny a defendant the opportunity for a fundamentally fair trial by revealing anything that shouldn't have been talked about publicly those kinds of things. as one of the guests said he said it was legally improper.

providing a public comment take creates dangerous waters for the district attorney. again we know what the choices are. the judge's main concern is he wants people to have confidence in the ultimate findings at the end of this trial. >> bill: okay, all right. we'll see whether or not people have confidence, shannon, right? because a lot of folks are going to look at this and think it was twisted legal steel. can you understand that? >> uh-huh, absolutely. because as professor turley and others pointed out, it feels like this goes a number of directions. he does say reasonable people, the judge says, could find or feel that there was untruthful testimony from willis or wade and yet he said there was not enough evidence for me to find actual conflict of interest. so all of those, you know, travel records and all of those things he said we did not get to that standard. i can understand why some people think maybe didn't get the full truth from these people who took the stand. for that reason it will be a win and a loss on this motion for both parties. you'll win some and lose some.

ultimately the trial stays on track if fani willis decides to stay in charge of it. she has her options. nathan wade can step away. what i want to make sure the judge says is people feel at the end of the day we've done things properly. but he admits there are things that did not add up in the testimony. >> bill: does it stay on track especially when you consider that the georgia senate is looking at this? and the governor brian kemp could as well? >> listen, if fani willis decides to stay and keep her team together absent nathan wade they can get back on track with this trial. there are all kinds of other things that have happen before they get to the trial including finding a jury who has been hearing about this non-stop not only on national stations but there locally. atlanta papers and stations. you have to find a jury and put them together with that they've heard. many conflicts from the defendants as they move forward in the wake of this decision.

>> bill: thanks for that. we'll watch you this sunday and you may not be done this hour, okay? >> standing by for the supreme court, too. >> martha: we may get a couple of supreme court decisions this morning around 10:30 and keep shannon in the loop between now and all the way through sunday. thank you, shannon. we'll ask you to stand by if you may. let's bring in jason chaffetz joining us as well. >> bill: former house oversight committee chair, fox news contributor. your reaction to the news, jason. >> it feels like the judge is trying to cut it in half. and i don't see -- much like what professor turley was talking about, you know, you are shooting the wounded. i don't know how this case continues to go on. politically it's a trump win. i think it creates more confusion and more appearance that there were political motivations that the case is not strong, that it is a clown show there in georgia. it is a farce. we have gotten away from talking about the allegations.

remember, this is donald trump's most precarious case that's out there because these cases -- this case in georgia, you don't have -- you can't just get, you know, bailed out by a pardon. either by the governor or by a president of the united states. you can go to jail with no ability to be pardoned. that's the precarious nature of it. whatever happens moving forward, it will delay this. and we're on a political timeline at this point. >> martha: let's take a look at the court timeline and political timeline and put this up. i will have to do some audibles here. some of these things have already changed since this was put together. you have the january 6th issue under special counsel jack smith. that one has been postponed. the march 25th criminal trial in new york now has been 30 days delayed because the department of justice didn't turn over

certain documents during discovery that could cause big problems for that case. then april 25th supreme court immunity arguments. the trump team is hanging on that decision in a huge way. they are hoping if that decision goes their way they can apply it to pretty much all of these cases. the classified documents trial we heard about yesterday trying to get it dismissed and may 20. now it's july or august potentially. you have the republican national convention in july. and then down at the end november 5th election day, remember that day? and also the georgia election interference trial no date yet on that. but so what's the impact, i guess, jason, when we lay that out and look where we'll be in all of this? how do you think voters absorb this? >> i think it's a lot of white noise at this point. i think most people in the country have probably made up their mind on donald trump. and i do feel like it is a just

a political witch hunt. they haven't been able to lay a glove on him. any time he gets indicted his numbers go up. i think if you go to the average person in georgia, which really matters, right? one of the swing states, and say what's going on with donald trump? i think most people, particularly those centrists who can swing an election one way or the other they know it doesn't smell right. even the judge is saying the appearance of impropriety creates a problem for the court and this show that's been going on for the last weeks and weeks it just does not go to the benefit of the democrats who are trying to say that they are the adults in the room. it looks like a clown show. >> bill: jason, thank you. stand by there. appreciate you jumping on. back to shannon bream if we still have her. we anticipate the supreme court not today, but in all likelihood at the end of june or early july

to rule on immunity. if the rule in the president's favor, what happens to a case like this? is it tossed anyway? >> he has a real uphill battle. everybody agrees on the immunity question. then you would have to look at the application each of these cases what he is charged with. what he is alleging in each of these cases, whether he is trying to link it to an official action as then president. because now all the cases have that connection. it will be an uphill battle for him. remember there are other cases at scotus not just on the immunity question. before that they'll have arguments in the fisher case which is about a j-six defendant charged with obstructing an official proceeding. hundreds of defendants were charged with that. that includes president trump. it is part of jack smith's case against him. if he wins on the fisher case where he has a better chance at immunity at least part of jack

smith east j-six case is thrown out. a lot in the high court pending. >> bill: i think there is a decision handed down. we'll let you read that and bring it to our audience momentarily. andrew, what do you think about this immunity question before the court? and the impact it may or may not have on all the other court cases now. >> i like the immunity issue. something that legal analysts go both ways on but a very important issue. the american presidency is very powerful and there is important reasons to make sure that presidents don't act in a way where they fear the day that they walk out of office they will be placed in handcuffs. that's a real problem for the future of our country if it turns out to be the truth moving forward. i think there is a very reasonable chance that trump will win that at the supreme court. the way that it would apply to other cases, first of all georgia, it wouldn't automatically get rid of that. it's a state prosecutions. the actions of donald trump

alleged there are from his time in office. whether those actions actually are part of the immunity that's bestowed upon him if the supreme court rules favorably, i think it would go that direction. even in a state court wouldn't be table prosecute that relating to his time in office. it could arguably, not a strong argument, apply to the florida case because the documents case, the charging conference starts on the day he was still in office. the day he left office. that crosses into that territory and deals with actions that were part of his presidency in obtaining and reviewing those presidential -- excuse me the classified document which could impact the presidential record act and all that of goes into that. the only case it wouldn't apply to is the new york criminal prosecution. even there some of the payments spanned into the time he was in office. >> bill: it is a lot to track. >> martha: it is. >> bill: i feel for the audience. >> martha: we need to put all of these things in their individual silo. they cross over a lot. it sounds like -- going back to

the supreme court on immunity and you say it's an important issue to determine and that's true. but look at this court and how do you think they will determine it? and how specific do you expect them to be? it's tricky to get into all of these issues independently based on sometimes he was in office, sometimes he was on the cusp of office and on the way out the door. how will they do that? >> look at what the precedent is. there is not specific -- there is language that deals in civil and criminal process meaning the requirement to have to disclose certain information. the supreme court has previously talked about the outer perimeters of the presidency as this kind of gate of immunity. even if it's arguably within the perimeter of the presidency. i think if that standard is applied, then we look at what trump is saying about the nature of his conduct on january 6th.

he is essentially saying that one of the important roles of the president so to insure that elections are fair. i can see that as a reasonable argument even in the foreign relations. the president is given the right to engage in foreign relations and basically unencumbered. what other countries think about the fairness of our election system is important to foreign relations and could fall into that umbrella. various ways to argue that and the supreme court could be very lenient on that. they don't want to get involved in the politics of what the president does or doesn't do. they answer legal not political questions. >> bill: you've read through their filing and impressed by the argument they're making. >> i like it a lot. there are others jonathan tourly not so. the supreme court needs to draw the line. one of the issues in the supreme court allowing this to move forward and not declaring immunity is how do they draw the

line? how do they draw a legal standard that essentially says trump crossed that standard versus other presidents who might not? actions in war, actions in negotiations in finance that go on with presidents. where does the line get drawn as to when you can prosecute a president for negligent homicide when he orders a military mission that was perhaps ill-advised? >> bill: turley, your name was invoked. care to respond on that argument? >> well, i think as we've discussed before, that the argument made by president trump and from the lower court was so sweeping that i just don't see how a majority could be eked out to support that claim. i do believe that there are justices who are as concerned about the sweeping implications of the d.c. circuit that they are limiting this too much or at least not articulating when a

president may still have some immunity. so they may end up supporting the result without supporting the rationale. they may end up tinkering with it. i just don't believe that there is likely a majority on the court that would support the full argument presented by president trump. having said that we'll just have to wait. oral arguments will be very interesting here. i want to echo the reference to the fisher case. that case probably has much more significance for president trump ultimately if you are looking at the odds. if the court finds that the obstruction count was invalid in that case which doesn't involve president trump, it would knock out some of the counts against president trump. that would further weaken this case by the special counsel. >> bill: okay, sir, thank you. we will get everybody a pamphlet

to follow along when we continue here. to our team, stand by here and get more reaction. the willis/wade matter. what will she do? the ball is in her court. the rnc has a brand-new chairman. moments ago he put out his first memo to his team and republicans across the country. he has yet to do an interview on television but he will today and we'll ask him about this and also how he plans to win come november. don't miss that coming up. want to save money and get cash? for veteran homeowners, it's easy as 1-2-3. one: call newday and apply. two: take out an average of $70,000. three: pay off your credit cards

>> bill: now just to update you. awaiting a response from fani willis. what she will say after the judge ruled she can remain on the trump election case if she removes her lead prosecutor, that is nathan wade. our next guest is brand-new to the job. the rnc chairman michael whatley

previously served as general counsel for the rnc. tar heel out of north carolina. thank you for your time. your timing is spot on. thank you for being here today. your reaction to the news in atlanta. >> i will defer to the president's attorneys on this. obviously they are the ones that are dealing with it on a day-to-day basis. i think it is one more example of what we're seeing as improper conduct. we're seeing the conflict of interest and this is just one more instance of there being, you know, legal partisan attempts to go after the president. it is frankly election interference. >> bill: we'll wait to see what fani willis does. generally speaking, you are being rather proactive for this election when it comes to election integrity. want to ask you about that in a moment. what do you think in the bigger scheme of the cases facing the republican presumptive nominee?

do you see -- >> i will defer to the president's attorneys on each case. >> do you see any of these cases being resolved before november at the moment? >> i will defer to the president's attorneys on the specifics for all those cases but i think it's important for the american voters to understand that these are partisan actors bringing these cases to influence the election. and the fact is that they are trying to deflect from the fact that joe biden, under his rule and under his presidency, inflation is out of control, gas prices are up, housing prices are up. we're seeing 9 million illegal immigrants come across the mexican border. we don't know who they are and what they're doing and where they are. america is not safer than we were four years ago. you look at the world stage. we're not in a stronger place than we were four years ago. this is an election about contrasts and we just need to continue to focus on the fact that for all american families,

they were better off and will be better off under president trump than they are under joe biden. >> martha: i know we want to talk to you about election integrity and what will change under your leadership at the rnc. i want to ask you one question about the former president's legal fees and whether or not a single dollar from the rnc or anyone who gives any money to the rnc, can you assure them or not that nothing will be used for the president's -- the former president's legal proceedings? >> look, the president's campaign has made it perfectly clear they won't ask for any of those legal funds to be coming out of the rnc. that's a done deal. >> bill: here is the cash on hand and you trail significantly. dnc has 24 million in the bank. rnc has just shy of 9 million.

8.7 currently as of january 31st. there is another program that was started by the rnc called bank your vote. there you see the dollar figure now. you trail substantially and see how you can make that up in time. a headline from the "washington post" now. here it is. the much heralded bank your vote program aimed at getting republican voters to vote early will shift to a grow the vote program focused more on expanding the party's outreach to less likely trump voters. that sounds like a strategy. give us more information on that. there was a significant purge at the rnc this past week. how will that -- >> we're realigning the committee to make sure we're focus about coming into a primary. we now have a presumptive nominee and it is essential for us to make sure that our programs and our campaign efforts are aligned with the president. that's exactly what we've done and exactly what we'll focus on and we'll absolutely have the

resources that we need to communicate with voters all across the country and make sure that we get our message out. at the end of the day, this comes down to a very simple contrast between president trump and president biden. were you better off four years ago than you are today? the answer for this entire country is no. we are better -- we will be better off under president trump than we will under president biden. >> martha: the last few cycles have been difficult for republican candidates in the mid-terms there was an expectation of a lot more seats in the house in particular that didn't materialize. so for anybody watching today, how is the rnc going to look different? what will you do differently when it comes to this presidential election? >> we are going to be fully focused on the nuts and bolts and mechanics making sure we win this election. at the end of the day we need to turn out voters and need to protect the ballot. every dollar that we raise, every dollar that we spend is going to be focused on winning

and making absolutely sure that we are building out our vote and that we are going to protect the ballot. >> martha: what does that look like? people hear about ballot harvesting and the custody of ballots. give us some specifics on programs that you are going to be spearheading to make sure that republicans don't fall behind democrats in some of those allowable voting practices? >> sure. look, in every state there are various different rules but at large people can vote by mail. they can vote early in person or vote on election day. we want to make sure that people have a plan on how they are going to go out and vote. over 50% of american voters will vote before election day. we need to make sure we are communicating with them that we are talking to them before they vote. we also know there is a large group of low prop pens tee voters who will vote republican and we need to turn them out. making sure we maximize the

number of votes that we drive out and that we have election integrity in place so that people feel good about the sanctity of their ballot. >> bill: will you encourage them, based on that answer, are you prepared to encourage republicans to vote early? >> look, people need to make a decision for themselves about what is best for them on voting whether it's by mail early, in person or on election day. we are seeing more and more voters, push cans, unaffiliated and independents and democrat voting before election day. we have got to make sure that we are talking to them and influencing those votes to the degree we can before they go vote. >> bill: as you well know it is not election day in america it is election month. yesterday the trump team sent out a text message asking whether or not the president should have a rally in new york. is there a plan to make that happen? >> well, i will defer to the president's campaign in terms of his movements around. what i will say is this. we're actually having conversations about places like

new york and new jersey that we were not necessarily having with other candidates. the fact is that they feel very comfortable that we are playing offense, we are looking at picking up additional states from 2020. the democrats are not playing offense, they are playing defense right now and playing defense because they have a flawed candidate and america is weaker today than it was when he took office. and it was stronger under president trump. >> martha: before we let you go, the convention, do you have a different vision for what that should look like and what kind of changes can we expect? >> we're very excited about the convention and very excited going up to milwaukee in july and putting on a world class showcase to formally nominate president trump. and kick off this campaign and it's going to be a fantastic show. >> martha: nothing different but like it has been in the past? >> we will make a lot of different changes to the way we are approaching and communicating with american voters. we want to use this as a

showcase to talk to all 50 states across the country and voters in every single community. >> bill: he is pretty good at a show as you have seen in the past. thank you for your time today. we'll continue to talk about this in the seven months and 21 days, is it? >> 33 weeks to go. >> bill: we'll settle on that. thank you for your time and we'll stay in contact, thank you. 10:30 here in new york. major breaking news now out of fulton county. the former president's georgia election matter, the judge delivering an ultimatum to the prosecution and we await a news conference at this hour from florida governor ron desantis. there it is. his state is taking dramatic action now to prevent the possibility of gang violence spreading from haiti spurring a surge of illegal immigration into his state. he has a plan. he will tell us about it. that's coming up right after this. (sigh)

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>> martha: let's go to florida. news alert as we wait for governor desantis to come out. you can see that some of his law enforcement officials are arrayed in the room and they just put that on the front of the podium says stop illegal immigration. even that word has been a subject of a lot of discussion over the course of this week. president biden apologized for using the word illegal with regard to immigration so as soon as governor desantis comes out he will talk about their plan when they anticipate they will have a lot of haitians headed their way based on the absolute chaos going on in haiti now. >> bill: the island country is a mess. a black hole for governments that have shoveled money toward the leaders in that country and continue to let their people down time after time after time and it has happened yet again. how it affects us we wait to see. desantis, remember, he was on board the whole texas idea with governor abbott with putting illegals in florida on buses.

remember he flew that group to martha's vineyard over the summer. all kinds of headlines and it was the moment when the rest of the country started paying attention to what desantis and abbott were doing with the border issues and illegal. >> martha: florida national guard in texas helping with the effort trying to protect their own border. a fascinating battle that's going on in the country right now. >> bill: gillian turner has more. u.s. department of state. let's check in with you while we wait for the governor. >> good morning. there are hundreds of americans trapped on the ground in haiti right now, as you mentioned. the country is teetering on the brink. the state department says they have no plans to try to get those americans out either now or in the future. >> we are not actively planning for any evacuation. for four years we've been telling americans do not go to haiti. do not travel there. it is not safe to do so. for those who are there, leave

as soon as you can feasibly do so without putting yourself at risk. >> state officials are telling us for days now they do not know how many americans are there. listen to this. >> it's impossible for us to know for sure. there are several hundred americans who have registered to receive more information. >> u.s. marines from an anti-terrorist unit are in the capital now but the pentagon says they aren't there to help americans escape, either. >> we have installed additional security personnel. that's all they are doing is securing the embassy. >> the biden administration may not conduct any rescue operations. florida has launched a portal to help floridians stranded in haiti and on the coast a large wave of haitians fleeing to the united states. >> you will continue to have people who will leave the country and find their way

legally and illegally. >> republicans on capitol hill with this warning. >> there is no way to be able to vet these people so we shouldn't be doing this right now. we just saw a young lady murdered in georgia, laken riley, because of a person that was paroled. >> yesterday afternoon ironically, the senate confirmed a new ambassador to haiti. there has been none in place during this crisis unfolding so far. that's a welcome development. the problem is that military experts now warning they are concerned about this situation turning into an afghanistan 2.0 is what they call it where americans get left behind. bill and martha. >> bill: good reporting there. u.s. department of state. thank you. waiting on the florida governor. he should be out any moment. we're waiting on a decision from fani willis, the legal ball is now in her court next. that's great. i know, i've bee telling everyone.

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>> martha: governor desantis in florida is about to speak about situation in haiti and how it could potentially impact floridians and his plans to have the national guard be part of that effort. there is a lot of concern nor the haitian people now. gangs have taken control of the police stations and all of the government buildings. it is a terrifying moment for people who are there and a lot of americans and other allies who would like to get out are having a very difficult time getting out. as soon as he speaks, we will dip in and listen to that. >> bill: the story about immigration in america goes on. a migrant from el salvador under arrest on allegations he sexually abused four young girls at a church in maryland. >> good morning.

we have a little breaking news here. i want to start with the haitian man, 26-year-old corey alverez. fox news confirming he was brought into the u.s. last summer via the administration's chnv parole program. he flew directly from haiti to new york. a sponsor in new jersey has yet to be identified. he charged with raping a 15-year-old disable girl at a migrant hotel in massachusetts. he pleaded not guilty and remains behind bars and awaiting a dangerousness hearing next week. ice placed an detainer on him. they consider the parole program a lawful pathway and a week ago secretary mayorkas praised the court up holding the program. we're pleased today's court reasons means the parole processes for people will continue. the processes a safe and orderly way to reach the united states

have resulted in a significant reduction in the number of these individuals encountered at our southern border. we reached out to dhs for a statement and haven't heard back about this arrest. according to cbp data the administration has brought over 138,000 haitians into the u.s. via this program since january of 2023. now, meanwhile in maryland, this el salvador man, illegally present in the u.s. an order to be deport evidence three times since 2018 charged with sexually abusing minors working as a church teacher. one included the daughter of the church's pastor. previously arrested in august and charged with second degree rape. local authorities ignored an ice detainer and he was released and rearrested on monday in montgomery county. ice has moved to readily deport him if he is released again.

two troubling cases. >> bill: griff jenkins reporting on that and more to come. a series of evidence that we followed throughout the past several months. listen to michael whatley. a big question for people living in cities in america knowing how the environment has changed so dramatically. we've watched it in new york. >> martha: look at the stories of people impacted with violence. laken riley and her family. no doubt she will be a face that is going to be a big part of this conversation. it is a troubling, troubling situation. >> bill: we'll see what the american people say. what do you say 31 weeks? 33, something like that. a lot going on today. waiting on the florida governor and waiting on fani willis to give us her answer. we'll get you to atlanta and get you now live to florida as ron desantis tells us about his plans to deal with haitian

migrants. >> they are proud of their sheriffs and many counties but particularly in poke and debates about who is the best sheriff in florida. that means the best sheriff in america by extension, right? someone told me it is not normal that people are so proud of they're sheriffs that they are always debating that. that's what we see in florida. there are people in other states that debate who the best sheriff in florida is. grady has set the standard and i'm proud to call him a friend. we're here with the lieutenant governor, our attorney general ashley moody, representative michael from northeast florida. >> bill: we'll get a break as introductions roll out and get you back to this in a moment. >> thank you for what you are doing. we also have representative -- pretty sad. and i posted it to show that kenny's not always happy. within 24 hours people had donated over $5,000.

no, you're kidding. we set up the patriotic kenny foundation to give mobility scooters to veterans. it has changed my life tremendously. none of this would've happened without tiktok.

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with clearer skin movie night, is a groovy night (♪) live in the moment. ask your doctor about otezla. >> bill: during the break governor desantis lied out a big plan in florida to stop illegal immigration. let's watch. >> state or local can recognize those types of rogue identifications issued to illegal aliens. so all in all, those are three very positive pieces of legislation. i will sign those into law in a second after we hear from some of our speakers. i also just want to applaud the legislature for senate memorial 1020. three calling on congress to do certain things. calling on the federal government so they have called on the federal government to designate the mexican drug cartels at foreign terrorist organizations. i think that would go a long way

and something i supported for a long time and they are foreign terrorist organizations because they are importing product into this country that is killing our people by the tens of thousands each and every year. finally, give an update i recently made an announcement augmenting our resources in southern florida with respect to warding off a potential influx of vessels carrying illegal immigrants from places like haiti. this is not a new operation for us. we've been assisting the coast guard. the coast guard is the primary vehicle to protect the shorelines of the united states. we have supplemented that throughout the years. january of 2023 i did an executive order declaring it to be a state of emergency and we surged vessels to be able to assist the coast guard. so since january of 2023 until

this week, march of 2024, our efforts have led to the interdiction of 670 vessels carrying over 13,500 illegal aliens. so those are people that were stopped from being able to make it to florida. those aliens get turned over to the coast guard and by law they have to repatriate them to their home country. >> bill: the numbers are extraordinary, 13,500. it could become another big story with all the unrest happening in haiti and the governor has a plan and we wanted to listen to that and see whether or not they can be successful interdicting the illegal vessels landing there very soon. >> martha: look at the proactive nature of what governors of florida and texas running their own immigration out of their states on the front lines on all of this. chaos erupted on a new york city subway train. a warning this video is graphic. two men got into a fight.

opened fired. passengers trying to bust out to save their own lives. we're live in brooklyn with more on this. >> this was a chaotic evening commute during rush hour and then there was this fight where people had to duck for cover on the subway as somebody started shooting. watch. >> let me out! let me out! [screaming] ] gunshots] . >> that led to the shooting on the train during rush hour yesterday. new york's governor called in the national guard earlier this month following a series of deaths on the nation's busiest subway system. it helps the nypd with bag checks. despite the searches, another violent incident. police say this guy who start i

haded the fight was shot and in critical condition. the man he attacked pulled the weapon away and opened fire. the suspect who pulled the trigger facing gun charges. live if brooklyn where it happened there is a lot of criticism of adding the national guard. they are wondering if this has helped at this point. one of the only things we can tell you is the national guard cannot make arrests unless they have an imminent threat. >> martha: unbelievable. thank you very much. >> bill: we've had a lot of -- >> martha: it's crazy. >> bill: let's leave on a high note. we want to share this with you. these are the northern lights from well north of the arctic circle. we went there over the weekend with the u.s. navy. next week tell you about the story and what's happening in the arctic ocean and what our military men and women are doing there. we wanted to bring you the story today but there is too much going on