>> kayleigh: my husband played for the orioles, great stadium, great catch, i just wish he had a baby with the beer. >> isn't it a commentary on how expensive beer has gotten that he did not drop the beer to catch the ball? he one-handed it because there was no way he was losing that 83-dollar beer. >> kayleigh: i would not drop the beer if it was like -- >> you have problems i'm trying not to address on the air. just kidding, i hold you one. >> kayleigh: i do drop the bud light. >> it's the right thing to do. but they did not even catch a ball. >> kayleigh: but i would hold the jai alai. jimmy, thank you. in henderson, nevada next weekend. that's it for us tonight >> carley: a fox news alert, a family's home crashing down 85-foot cliff and into the

raging river below. deadly flooding puts minnesota's dam at risk of total failure. there is more severe weather in the forecast across the midwests. janice dean has everything you need to know. >> todd: unbelievable. take a look at this. >> are you serious, man? are you serious? i 16 for this whole place? >> 16 k? >> dude, terrible. >> todd: are you serious? new york city business owner mocked by vandals as they destroy his dining shed in daylight. he is here to tell us what he plans to do numext. >> carley: mayor adams partying it up in the hamptons. >> i was out in the hamptons for

the day, i'm allowed to go and rest. we still in constant contact, i have a great team. >> carley: what else he is saying about that this morning. you are watch ing "fox and friends first" on wednesday morning, i'm carley shimkus. >> todd: i'm todd piro. busy wednesday morning. happening right now in russia, "wall street journal" reporter evan gershkovich standing trial 15 months after his arrest. >> carley: lucas tomlinson has more. >> lucas: our colleague, evan gershkovich, has spent a year inside a russian prison. "wall street journal" say u.s. authorities maintain he is being punished and used as bargaining chip by vladamir putin. editor in chief of "wall street journal" writes this is travesty of justice going on too long. this bog us accusation will lead

to bogus conviction for an innocent man who will face 20 years in prison for doing his job, and an be excellent job. 15 months. late march of 2023 evan gershkovich published a piece on russia's economy and day later detained. moscow court upheld his detention and the detention was exknow tended. march of last year, detention extended to june 30 and evan gershkovich marked one year in detention just a few months ago. evan gershkovich's family says he has kept busy reading "war and peace" and playing a chess match with his father through the mail. to date, russians have not

presented evidence to support their claim he is a spy. >> carley: we are all thinking about him today as he faces what feels like inevitable. thank you. wikileaks founder julian assange pl pleading not guilty -- accepted plea deal with biden administration allowing the five years he spent in london prison to be time served. >> we firmly believe mr. assange never should have been charged for espionage. it is appropriate for this fight to end. >> carley: assange will return to australia to reunite with his

wife and kids. they will push for a pardon when he is home. results are in and jamaal bowman lost last night's democratic primary in new york to pro-israel moderate george latimer. >> todd: brooke singman has more. >> brooke: highly anticipated race highlights deep divide and blow-out victory for george latimer, who took party nomination to unseat far left congressman jamaal bowman in the most expensive primary in u.s. history. nearly 25 million was spent on the race. latimer celebrating his major win with a large crowd of supporters. watch this. >> tonight we turn a page andy woo say that we believe in incluesion of everybody.

you are included no matter what your demographic is and every single representative has to understand necessity for unity to move forward as a nation. >> carley: bowman opt opt ing not to congratulate his opponent. >> i want to make a public apology for sometimes using foul language. i'm sorry. we should be outraged when a super pac of dark money can spend $20 million to brainwash people into believing something that is not true. this will be a battle for humanity and justice for the rest of our lives. >> brooke: you remember congressman bowmans from this

incident when he pulled a fire alarm when there was no emergency. he initially denied pulling the alarm but later pleaded guilty. first of the squad to be ousted and first house member to be defeated this election cycle. >> todd: i must say, i will miss the fire alarm puns. thank you. former president trump top compain advisors looking to rebrand president biden as capable debater and point out biden has been debating 50 years. jason miller says we believe many in the media are prepared to give joe biden a participation trophy if he can stand up right when this should be about the future for america and how candidates do with

defending their record. races locked in a dead heat according to "new york times" polling average. former president trump is leading in seven key swing states with a four-point lead in georgia and nevada. tune into fox for democracy 24 for special coverage of the debate. coverage begins thursday, 8 p.m. eastern time. >> carley: horrifying video we brought earlier showing a family's home falling off a cliff near the dam in minnesota. >> todd: and we're learning 12-year-old jocelyn nungaray fought back against her attackers. here the message from her family as we learn more about this shocking crime. >> we have to stop burying our kids, this is not right.

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look at this house plummet and get rushed away. the dam is in imminent flooding condition. >> carley: major disaster warning in iowa. a tornado touching down in one county downing power lines and destroying crops. flash flood warnings being extended as rivers reach historic levels. senior meteorologist janice dean has the fox weather forecast. >> janice: rivers are at historic crests. river flooding in purple and red major moderate, we have dozens of warnings for south dakota toward nebraska and minnesota. this is an ongoing thing this week and for the weeks ahead. all that water will come

downstream. rain still to come. some spots one to two inches on top of saturated ground and flooding, this is an issue. they need a stretch of dry weather. south of that region, severe weather bubbling up right now for kansas to missouri. severe thunderstorm watch extended southward, we expect large hail, heavy rainfall that could cause flooding and potential for tornados, this cold front will bring temperatures down. short term, severe weather threats including isolated tornados from washington toward new york and westward for p pittsburgh and cincinnati. we have southwest, high plains, mississippi river valley and

toward mid-atlantic and no northeast. fronts are bringing temperatures down, severe threat is ongoing and heat alert continue for southern plain toward the so southeast and temperatures feel well over 100 degrees. the cold know front. still hot as heck. >> carley: that aerial footage of the dam and the house on the cliff's edge and now this morning it fell into the river. i was reading about this great family well known in the area. they have a general store that s sells homemade pies and the daughter said they knew this was going to happen and got some stuff out of the house. so sad to see.

>> janice: they must be in a state of shock, to see it fold and watching the house and rivers coming over the banks. >> carley: i have a feeling the community will rally. we'll get the word out. second migrant suspected of abducting and murdering jocelyn nungaray has bail set at $10 million yesterday. >> todd: jocelyn fought back leaving scratch and bite marks on the suspects while she was assaulted for two hours. >> these men, these illegal men, took that opportunity from my daughter, from our family of watching her become this amazing person. this has got to stop. we have to stop burying our kids, this is not right.

we have to have more reinforcement, this is not okay. >> all these little angels that have not have been taken away and they have for the reason we are not doing what we need to do screening people. we need a safer country. >> todd: jonathan fahey joins us now. what makes comments from jocelyn's mom and grandfather more heartbreaking is the fact if joe biden enforced border laws when he entered office, this tragedy and so many tragedies we report on would not have happened and jocelyn would still be here. your thoughts on this entirely preventable tragedy? >> jonathan: these are dire

consequence of open border policy, fact they won't support the law, this is not one thing we say it is preventable, this is predictable and preventable and this was deliberate to have open border to invite people in. it is absolutely disgusting and the fact we have not hit rock bottom with this, this administration is not going to change course and won't talk about her or say her name just like with laken riley or rachel moran, they just don't care, open borders trumps everything with this administration. >> carley: one thing bothering me about this story, one suspect crossed illegally into the country in march and given an ankle monitor. authorities removed the ankle

monitor in may. there is a lot that feels wrong about that move. what should we take from that? >> jonathan: they are unable to vet almost all of the people that come through in a meaningful way. i don't know if he has a criminal history or not, they would not have found it. most came from venezuela or coming from countries that are third worl world countries. this is absolutely laughable and things like ankle monitors and things like that. these are not meant for people that are dangerous, they can be cut off by themselves. it is disturbing we knew these people, let them in, invited them in. biden encouraged people to come here and falsely claim asylum, they think it will appease far

left of their base which pushes open border or no border society. it is disgusting and we have a 12-year-old girl that is dead and she should be alive today. >> todd: when the news first came down about the assault yesterday, i turned my phone off. i couldn't read it. it upset me that much as a parent. you go to your own kids. how can anyone with a child look at jocelyn's murder, her killing, and vote for the person who basically more or less facilitated that? that is what i can't wrap my head around jonathan. >> jonathan: i don't see how anyone could. they are so callous on this issue, this could be anyone's little boy or girl. our executive branch, their responsibility is to protect

people, enforce the law. there is a mayorkas interview this week talking about the real issue is the criminal here, which is true, but he seems to lose sight of his responsibility to enforce the law. he has a job, sworn an oath to protect citizens of the united states. he advanced far left agenda that was not voted for and illegal. this idea somehow it is only the criminal's fault, it is their fault, they invited this, own this and they should pay the price. people deserve to be safe or deserve to have government try to keep them safe. carol on that note, mayorkas will hold a news conference in tucson today expected to tout decrease of illegal migrants since president biden announced

executive orders a few weeks ago. he will likely say the number is 2400 per day, down 40%. if he says that, what would your response be? >> one, this is only temporary because they are only going to do to try until november, hoping to get through the election. 2400 works out to a million people per year. it should be zero peep emthat come through unless allowed to be here. it is 100 degrees out, numbers tend to reduce in summer. and not to mention, governor abbott has taken on role of government in texas by putting up razor wire.

they should not take credit for governor abbott's actions. they are fighting american citizens enforcing the law. i expect it to be based on essentially a lie. they don't want it to reduce, they want short-term reduction. it will be full-on open borders if biden is re-elected. they will say give amnesty to everyone here. >> carley: if he takes a victory lap today, we expect he might. jonathan fahey, thank you. voters and businesses are leaving california in droves because of crime and high cost. here is governor gavin newsom response. >> for conservatives and bashers, their success depends

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>> carley: w"wall street journa" reporter evan gershkovich appeared in a courthouse to begin his trial after being falsely accused of espionage. this is 50 months to the day after hes detained. he could face 20 years in prison. dan, good morning to you. reporters were asllowed into th courtroom before the trial started. the footage, this is first time we have seen him with his head shaved.

cameras will have to leave when the trial begins. what do you think is happening right now and what does evan gershkovich's future look like? >> yeah, as far as coverage of the trial, that is vladamir putin's kgb theater there. he wants us to have a glimpse of evan and the trial. but of course, no such thing as free or fair trial in russia and he does not want to ashesllow e evan's friends or family or media in the courtroom. this is designed to give vladamir putin additional leverage. he is trying to extort us to make swaps such as trading lori gre greiner -- brittney greiner.

>> carley: in the end of those weeks or months, what happens? >> the expectation is evan could face a 20-year sentence, designed to give vladamir putin leverage he thinks he needs to make a swap. vladamir putin sends his cronies out to violent the law and in order to get them back, this is it is method the kgb chooses. >> carley: you said vladamir putin owns the narrative there. we inlet united states know the truth, including w"wall street journal" editor in chief. who says, when the case comes before the court this week, it will be held in secret. no evidence has been unveiled

and we know the conclusion, this bogus charge will lead to a bogus conviction for an innocent man who will face 20 years in prison for doing his job and an excellent job at that. do conditions he's being held in worsen if found guilty >> dan: he has been held in a fortof a prison, i've been there, nasty place. one hour a day outside his jail cell. happenings russia is a pariah state. look at vladamir putin's visit to north korea, this is today's russia fighting a murderous war in ukraine and holding a u.s.

journ journalist and this is the situation we're in, it is tragic. >> carley: in december, state department said they made offer for evan gershkovich and whelan. but russia is open to a prisoner swap for a man serving a life sen sentency in germany. do you think a prisoner swap is on the table? >> dan: i think this is how this will be resolved. russia does not like to do this publicly, i'm sure discussions are being held in secret. one of putin's murderous thugs killed a george gas russian

officer deep cover officer detained and arrested in brazil, there are a number of individuals putin would like to get back. the challenge for the united states, they are not in the united states. >> carley: no matter the result of the trail, conviction rate in russia is like 99%, it is pretty inevitable what is going to happen here. he cannot come home soon enough. thank you for joining us, have a great day, we appreciate it. >> todd: back at home, lapd working with federal agencies to identify protesters accused of blocking entrance to a los angeles synagogue last weekend

and karen bass has rules about wearing masks during protest. we need to -- idea of people wearing masks at protests and establishing clear line between what is legal and what is not. >> todd: mayor bass ordering police to increase patrol in the heavily jewish area where the protests eyou rupt. are you looking for a book recommendation? hillary clinton has a new one coming out. >> carley: she has advice ahead of tomorrow's presidential debate and we'll share what she has to say with you coming up. >> todd: looking forward to it.

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>> todd: sh"shark tank's" kevin o'leary not mincing words for democrats turning california into an economic wasteland. >> carley: -- >> todd: making every word italian. >> carley: cheryl casone is in the house. >> cheryl: when i see kevin, i will ask him to change his last name. >> carley: maybe he's open to it. >> cheryl: good morning. "shark tank" investor kevin o'leary calling out california's

governor as one look reveals not everything shines in the golden state. >> what a wasteland. it is not a partisan argument, when a walgreens shuts down, a bodega shuts down, nothing to do with blue or red, that is bad policy. gavin newsom for interest in running for president should probably fix california now, everybody in the country figured out that place is a disaster. >> cheryl: several stores have shut their doors for good including this mcdonald's that has been open for 30 years. the owner says newsom's $20 minimum wage increase is behind the action. gavin newsom calling this delusional in his address yesterday. >> for delusional california

bashers, their success depends on our failure. they want to impeach things that made us successful. in the process through economy, in many respects, society as we know it into chaos. california, we won't bend. we are a success story. >> cheryl: i have a hard time putting california and success in the same sentence. i will tell you this, when you have got a major mall in san francisco with 25% occupancy and they say, give it back to the bank, you know san francisco has problems as does many areas of the state. this is gaslighting from newsom. >> todd: it is. so many love san francisco and are out of san francisco in the last four years. push for the black vote is

heating up. >> cheryl: this voting demographic is in play for the presidential election. trump campaign is hosting a round table with black business leaders at a barber shop in at lant is ahead of tomorrow's presidential debate. biden campaign coof had chair jim clyburn clyburn is urging black elders to talk to their chi children. talk sense into their children, i know what i had to go through and saw my parents going through. if i see and hear from a candidate they want to bring indignities back to the process, i have obligation to sit with these children of mine and say what the hell are you thinking about. trump responds, black voters know our lives were better under president trump, richer and safer with trump.

biden campaign holding an event in atlanta yesterday. if you talk to those in that demographic, in particular, in chicago, you will hear them say that migrants have been prioritized over in particular the black community in chicago and we've seen huge fights in chicago. upons don't gaslight that demographic if you are the biden campaign, that is what they are accused of, giving us plat platitudes. >> carley: promises made and not kept. people in the communities say they are suffering and need help and they see all the aid going to migrants who crossed illegally and are in the country. thank you so much. have a great day. >> todd: cheryl casone.

>> oleerio. >> carley: hillary clinton, new book less than two months before the presidential election. "something lost, something gained, reflections of love and liberty." offe offering glimpse to closest friendships and endearing marriage and view on politics and democracy and future within our reach. she returns to the classroom and enjoys bonds with other first ladies and dives into new activism for women and democracy. >> todd: well, assign me up. comedian shonda pierce, joins us now on "fox and friends first."

how excited are comedians to get your hands on ensicloe pedia of jokes she wrote for you. >> that is right, the cover speaks for itself. i thought it was going to be like a weight loss book i could use. something lost, the dead bodies in the wake of clintons forever. maybe this is new place to bury them, i don't know. it is, i did not recognize her when i walked past, i didn't know who she was. she talks about showing insight of putin, so funny, her old adversary. this is the one that started the russian dossier, that is all i want to read in this book is her say, i was part of starting

something crazy. >> carley: there is more, hillary clinton wrote an yop op ed and wrote, it is waste of time to try to refute mr. trump's arguments, mr. trump may rant and rave to avoid straight answers about his unpopular positions. these ploys will fall flat if mr. biden is -- the president has facts and truth on his side. she says she is speaking it now, she is only person alive that has debated both donald trump and joe biden and she has something to offer. is that why she's coming out with the book and writing op eds? >> she is trying to give the big warning about trump. she is talking about why people

don't like him, i don't think she has read polls lately, he is blowing everything out of the water. they are going to miss a great opportunity if they do not let depends or viagra sponsor this debate, that is something hillary clinton's husband might know about. >> carley: thank you. check in with brian kilmeade to see what is coming up on "fox and friends". >> brian: you are curious, let you know what you are in for next three hours. standing with evan, trial for "wall street journal" reporter evan gershkovich underway in russia. it is behind closed doors. a friend and former colleague joins us on the fight to bring him home. and "fox and friends" exclusive, series of profile on trump's top v.p. contenders, lawrence sits

down with j.d. vance and his w wife, lucia. >> they will ask me if they ask me, if they don't, they don't. >> i believe in jd and love him. we're open. >> brian: that is something trump always says. will cain sat down with kevin costner and congressman wesley hundred, mike huckabee, clay tr travis, i can't believe all in one show. i ask you to grab your coffee, yes, remember "fox and friends" starts now, lawrence, where do we start? >> lawrence: right there. let's get it. >> brian: let's go.

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>> todd: new york city mayor escaping backlash after escaping to the hamptons migrant crime and crisis. he says he needs a break. >> i was in the hamptons for the day because i'm allowed to go and rest. i have a great team. i want to be clear on this. if the only way we can run this city is eric looking over everything, then we in trouble. >> todd: well, we are in trouble. meantime, here is what is happening in new york city. cafe owner caught two men vandalizing $16,000 dining shed and they just simply laughed in

his face. >> are you a serious man? , man, are you serious? i paid 16 k for this whole place. >> 16 k? >> yes. >> [inaudible] dude. >> it's $25,000 fine. so i got to forward this video to the cops and see what they are going to do. >> kaiser rich ter is the owner of that cafe and joins me now. what are you thinking as this is happening literally right in front of you. >> i can't believe why they targeted me and they could not take anything seriously when i was confronting them. if they are serious what they are doing. they justify themself saying it is not even sand and it looks ridiculous. they are trying to explain they are making it look more beautiful than before, yes. >> todd: that's not their

decision to make it's yours if you don't like how the wood is sanded. did they saying else in to you that we didn't catch in that video. >> the last word when they were leaving in august they will come back and tag the whole area. this is not on the video. >> todd: they literally threatened more graffiti. can you even wrap your head around not just the vandalism but their lack of shame talking to you like they're just grabbing a cup of coffee like this is a normal everyday occurrence? >> exactly that is the shameful. the other thing they were grown men. they were around 40, i think. between 38 and 40 years old. i do not understand why that is happening that people are not taking any other people seriously. and then just do something for fun, damaging someone else's property and having fun with that. >> todd: do you think it has to do with the fact that are no consequences for bad behavior or in this city anymore.

>> yes, i do believe that. >> todd: talk to me about that. >> i do believe if we had more consequences, people wouldn't such a thing like they did. and as i told them i going to forward this video to the cops. okay. forward to the cops. because they already know they are no consequences. and i called the cops. they were there after five minutes. but, you know, nothing happened. they told me i can pick up the report after two days. i went there after four days the report was not filed. they could not find anything about the report or the report anybody. >> todd: do you know if they're any closer to much can aing these guys? >> later on, there is a special task force against the vandalism, graffiti, they are working on that. but, i got the address or the connection to that person through instagram.

>> todd: that's crazy, you basically have to prosecute your own cases. how much is it going to cost to you repaint that? >> i don't think it's going to cost that much. i believe around $200, i have to get three different color of paint and the person who is going to paint that. but, main problem is, we should have the place free from the customer to paint that. and then wait until it get dries. so in the meantime we could not have any customers there. painting that shed it took us like 8 days because three days it was raining straight. afterwards the wood was still wet. and the whole patio was packed. >> todd: you are losing money whether that happens. kaser ricter let's get you in. >> if you were in the neighborhood, please support him. "fox & friends" starts right now