pete: well, that's that. [laughter] four more hours tomorrow. let's do it again tomorrow. will: that's that. rachel: bye, everybody. that's that! neil: hell, no, joe won't go.

president biden getting a crowd revved up in nowtown last -- motown despite a growing number of members in his own party urging him to step down. today he plans to talk to two key groups of house democrats urging them to stick by his side. we'll talk to congressman amy barra. and meet another democrat running for congress in oklahoma who is urging her party to run toward anyone else but joe. and, oh, yeah, this is that republican ticket. could today by -- be the day we find out who donald trump has a picked to complete it? we are on it. and could that pick rev up the party in milwaukee, as if, with the gop convention just two days i out, former wisconsin governor scott walker here to weigh in. and don't look now, but more record-breaking temperatures could be closing in on a brutal heat wave covering a large swath of the country. we're about to get going right now. ♪ ♪

neil: welcome, everybody, i'm neil cavuto. hope you're having a great weekend. manage oh, man, it is a busy weekend. we want to go to rehoboth beach where the president is relaxing, lucas tomlinson with the very latest. hey, lucas. >> reporter: hey, neil. that's right, president biden is here in rehoboth beach where he'll be busy manning the phones talking to the progressive caucus as well as the new democrats. as the name suggests, 13 of those democrats think the democratic party needs a new nominee for president. now, last night president biden spoke in detroit, michigan, of course a key battleground state, where he used the occasion to tee off on the press. >> since the debate the press, and they're good guys and women up there, they've been hammering me. [background sounds] i make a lot of mistakes. no, no, i -- no, no, no, no. that's okay. [background sounds]

they've been hammering me because i sometimes confuse names. i say that's charlie instead of bill. but guess what? donald trump has gotten a free pass. >> reporter: now, before speaking at the rally biden stopped by a michigan restaurant, and congresswoman debbie dingell's home district where biden told patrons, quote, i promise you i'm okay. president biden arrived here after midnight in delaware what he will be spending the weekend before heading to texas the on monday. recall, neil, lbj shocked the nation when he announced in 1968 he'd be dropping out of the race, but president biden has slowed to stay in this one. thursday night biden was asked about his promise in that same high school gymnasium four years ago to be a transitional president. >> you referred to yourself as being a bridge candidate for a younger, fresher generation of democratic leaders, and i wanted to know what changed. >> what changed was the gravity

of the situation i inherited in terms of the economy, our foreign policy and domestic division. >> reporter: while president biden is here at his beach house, his wife, the first lady, will be attending a rally in pittsburgh, and the vice president, kamala harris, will be attending rally in philadelphia. so busy day in the keystone state, neil. neil: lucas, you astutely pointed out the oddity of the president appearing, you know, in lbj territory precisely because of that example that a lbj set quitting the race. now, a lot of people in retrospected said he quit the race because he knew he couldn't win, others said it was a personal sacrifice. but certainly, he knew people would be i drawing on that analogy. >> reporter: i think it's an obvious point to make, neil. the president speaking at this, at lbj's library, a lot of people are going to be talking about it. that's what makes it all the

more notable in what many are calling it in that defiant press conference, president biden vowing to stay in the race. and when he went to detroit last night, he told a fiery crowd he would not be going anywhere, and that's one of the reasons he's manning the phones today not only to reassure he's the candidate, but perhaps maybe flip some of those democrats who say he should bail out of the race, neil. neil: thank you, my friend. alexis mcadams a taking a look at a donald trump's campaigning plans as gets ready for the republican convention. alexis. >> reporter: hey, neil. here in butler, pennsylvania, the crowds have been forming for quite a few hours here. they got an early start. but former president trump won't be out here until about 5:00at the final rally before the rnc in milwaukee. trump is still teasing america about how who he's going to hick as his vice president, telling fox he wants someone who's going to actually help him win that ticket. watch. >> the choice will be very, very good. it's going to be a great vice president -- meaning a person that can do a fantastic job as

president, because you always have to think of that first. and then, second, somebody that helps you get elected. and there's nothing wrong with that. >> reporter: okay. so who's sitting at the top of the former president's vp short list? that would be ohio senator j.d. vance, north dakota governor doug burgum, florida senator marco rubio and south carolina senator tim scott. recently though, neil, the former president has expressed some concern over north dakota's near total abortion ban. that's been in the news quite a lot, trump calling burgum's signature on that north dakota law an issue though burgum says he will oppose a national ban. >> zero daytime between his position and mine -- daylight. so if he's going to pick someone to run with, pick someone who's already had the position he's landed on is i'm absolutely totally opposed to a federal abortion ban. >> reporter: this rally tonight in butt -- in butler is the final event before the rnc

in milwaukee. the rally shows he's working hard to win voters in the mission's biggest swing state, expected to talk about kitchen table issues like the economy, border and crime which some of the people out here say they are voting on this election. it's not just trump that sees pennsylvania as a many must-win state here. president biden does too, neil. first lady jill biden is out here again today. this is the third time she's visiting the staid -- visited the state so far this summer. neil in. neil: got it. and to say nothing about joe biden's frequent visits to scranton. was born there. alexis mcadams, thank you very much. well, back to joe biden for a second. we do know what 19 democrats have already bolted, the drip, drip keeps coming. first you might recall it was that june 27th debate that got the ball ruling -- rolling, right? then after that, the abc sit-down, up one more democrat asked him, and despite the president's letter to lawmakers, 9 more joined the fray, now

after thursday night's press conference, we've had 5 more. so with each incarnation of trying to rally the troop, he loses some of the troops. jeff mason, reuters white house correspondent, justin waller, gop pollster. jeff, on that and the drip, drip, drip, that's what the white house likes to emphasize, that it's just a drip, it's hardly a jailbreak. how do you see it? >> well, i think the way you characterized it as probably spot on, neil. they're not happy to see lawmakers coming out and to see these calls be it from people in races where they think that having biden on the ticket is going to affect their ability to win, up to, of course, that op-ed from george clooney last week and -- i guess it was still in this week, a few days ago, and the tepid comments from if former speaker nancy pelosi. they're all unwelcome. and yet president biden, i think, is responding to that in a few different ways. one is to make those calls that

the you were referring to, and the other is to do what he did last night at that rally which i was at. and i would share the conclusion that i think many others had from being in that room, this guy isn't going anywhere. it's not that it doesn't matter that these calls are coming. i think he takes them seriously, but he's not drawing a conclusion from those calls that they are right or that these people, these lawmakers, these democratic strategists, it doesn't matter who they are, are seeing the cam -- campaign or the race in a correct way. he sees it in a different way. he sees himself as the one who can window spite that a debate performance which kicked this entire crisis off. neil: it's a good point. and, justin, he might be looking at the polls. i'm going to go through all the recent ones. some people say is, oh, you show a poll that indicates something, and the other one doesn't. these are the recent polls since this whole debate fiasco, and the fact of the matter is it's a

tight race. in a couple of these polls joe biden has an edge, or it's outright dead even. so with all his hassles, he can go back to democrats who are considering bolting, you know, i'm still in it to win it. what do you make of that? >> well, it's true on a national stage. i mean, the polls still have extremely -- are extremely tight. there's no doubt about that. however, there is weakness underlying those polls. when you start to look at those different questions of, well, should the president stay in the race and leave, two-thirds say he should leave. that includes a majority of biden supporters. those massive numbers. and when you start to look at other components that are critical in a national race which, of course, are swing states, seven core swing states we now see that in five former president trump has expanded his lead to outside the margin of error, so around 5% or so. that's meaningful. that's real. and i would say that, you know, drip, drip, drips matter in tight races. tight political races are iterative. and all of those little things

start to add up. so, yes, what catches the news is george clooney says i'm out, i think we should leave. but what's behind all of that is your other major donors. are they giving as much? are they giving as regularly? and then eventually as we get close to the election, it's going to impact the volunteer class. who's actually going door to door to get folks out to vote on election day who may not if be that enthused absent that knock? all of these things matter, it's part of the fabric and has a real impact. neil: you know, it's clearly having an impact on some of these 919 democrats who aren't -- 19 democrats who aren't keen on these developments. i had a chance to speak to illinois democrat brad schneider earlier in the week. i'd like you to listen to this, jeff, and then respond to it. >> as i look to the future and where we're going, i see we have a moment that i am calling on the president to make the historic, the heroic choice to pass the baton to the next generation. and if i put it in context, it's

exactly what george washington did after his second term. neil: nothing the president said yesterday convinced you to change your mind? >> no, because it's not about a single press conference or a debate or a campaign event. it's about where are we going and who's best positioned to lead us. neil: now, he's just among those who put his name out there the guy's gotta go. but what's interesting, jeff, is there are many others who feel that a way, they just haven't announced it. so where do you think this is going? >> well, you're right, and i think that means there may be or likely to be more announcements in the coming days, possibly coming weeks. the president has a short window either to win people over or to just hang on. and that short window is a few weeks before the virtual nomination process that his party is planning to do before the convention. we don't have an exact date on that yet, but it's likely to be

at the end of this month. the democratic convention, of course, is in august. that could still be a raucous intraparty fight there, but he is likely to have the nomination sealed up which is to say the vote of the delegates actually taken by them. so for the people in the party who really want to get him off the ticket, they only have a few weeks as well. and so that's, i guess, a long way of saying, neil, i think we're going to hear more. i think you're going to have more criticisms, you're going to have more calls for him to step aside. and on the flipside, you're going to have him going out there and doing interviews like monday with lester holt of nbc, doing his speech at the lbj library, trying to draw a contrast with president trump. last night at that rally i new you -- i think you heard him for the first time laying out what the first 100 days of his second term would be. he's trying to counterattack the people in his own party while drawing that contrast with donald trump, and it's just tbd

as to whether or not it's going to work. neil: too early to tell. i apologize for all of the breaking news, keeping things truncated here. we mentioned about the democrats when they meet next month, but it's next week that you have the republicans gathering in milwaukee. bill melugin is there with the latest. hey, bill. >> reporter: hey, neil. yeah, we're just a couple days away from the rnc kicking off here in milwaukee. we'll tell you what speakers are expected on stage next week, how many counter-protesters are expected and who exactly is organizing those counter-protests. we'll be right back. we hear from veterans all across the country. they worry a lot about being in debt and having the money they need for their families. big credit card balances can add up over time. and now just making the minimum payments can break the family budget. refinance and take control of your credit card debt. call newday usa and get the financial piece of mind that you and your family deserve

i thought i was sleeping ok... but i was waking up so tired. then i tried new zzzquil sleep nasal strips. their four—point lift design opens my nose for maximum air flow. so, i breathe better. and we both sleep better. and stay married. ♪ ♪ if. neil: all right, the convention, of course, kicks off in milwaukee on monday. the former president, of course, is going to be busy campaigning in pennsylvania today as he gets ready for that big vp announcement. bill melugin in milwaukee with the latest. hey, bill. >> reporter: good morning to you. final preparations are underway

here in the battleground state of wisconsin as a state republicans are hoping they can flip red once again just like they did back in 2016, and it all starts with having the rnc right here in milwaukee. just outside the pfizer forum where we're standing right now, just about 50,000 delegates, staff members, press members, law enforcement officials are expected to show up here this next week. that that according to city officials. roads are blocked off, security is tight, and we've been asking people how they feel about having the rnc in town. >> it's nice to be able to get or -- [inaudible] >> it seems like not a lot matters. it seems like it's just the trump wave in the rnc right now regardless. >> yeah. i think it's great for the economy of milwaukee. i think it's going to bring in a lot of money which is a real positive. >> reporter: but democrats have promised counter-programming all week long, and protesters with a group called march on the rnc, they were here in downtown

milwaukee last night saying they expect up to 10,000 people to show up and protest against the rnc and republicans starting on monday. >> join us to fight against the republicans' racist and reactionary agenda, to stand with palestine, to defend women's, lgbtq and reproductive rights, to defend and expand immigrant rights and to advocate for peace, justice and equity for all. >> reporter: now we're still waiting for the rnc to release the official schedule and agenda of speakers next week, but fox news has been able to confirm a handful of people who will be on stage starting with florida governor ron desantis. they're also going to have amber rose, that's kanye west's ex-girlfriend. she's also a model. they'll also have east palestine, ohio, mayor trent conaway, ufc president dana white, and the still-unnamed vice presidential pick, whoever that's going to be, they will be speaking here wednesday night. and back out here live, this is going to be the republicans'

first full scale republican convention since 2016. of course, covid threw a wrench into things back in 2020. send it back to you. neil: how do you like being there versus when it was, like, 20 degrees below 0 in iowa in just curious. >> i will take the heat every day of the week, neil. the -30 in iowa was rough. i was not ready for that. [laughter] i can handle the heat. neil: i hear you. good going, bill. we'll be all over the republican convention at 4 p.m. eastern time on "your world" with my special guests including an exclusion we've the teamsters' president, sean o'brien, he's going to be addressing republicans live from the rnc on monday. georgia republican governor brian kemp as a well, home depot founder ken langone and former biden border chief raul ortiz. he has a thing or two to say about the president recently brag about things more peaceful at the border. and we've got dr. ben carson on

wednesday, just some of the special guests we have as we continue to cover the convention. we're all over it. special for a first date? wait! that's all for a first date? whoa. alright, c'mon earn big with chase freedom unlimited with no annual fee. how do you cashback? hey folks, chris counahan here with leaffilter, america's largest gutter and gutter protection company. leaffilter has over 150 locations and has been installed on over a million homes. we've been protecting homes now for over 20 years. our patented technology offers total protection for your home and comes with a lifetime transferable warranty. the process is simple. give us a call to schedule your free gutter inspection.

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neil: keep it at 19, that does seem to be president biden's view here and the spreart surge on the part of the white house to limit it to those 19 democrats including 11 u.s. senator who aren't -- 11 u.s -- 1 u.s. senator. today the president's going to be holding virtual meetings with house progressive caucus members, new democrat coalition members to try to stem this tide. madeleine rivera has much more from washington. >> reporter: hi, good morning, neil. the president is trying to shore is up support among different factions of the democratic party. but one of his calls did not go

as planned. during his virtual meeting with with the congressional hispanic caucus friday to which the president was reportedly an hour late, california congressman mike levin directly told the president to drop his re-election bid. levin later going public with statement saying: i have deep respect for president biden's five plus decades of public service and incredible appreciation for the work we've done together these last three and a half years, but i believe the time has come for president biden to pass the torch. california congresswoman norma torres was also on that call. here's how she says the president responded. >> he was very modest. he was very honest, and he was up front about his commitment to be in this race and to run, you know, the best race that he could. >> reporter: levin is in a competitive house race this fall showing how nervous democrats are about their own re-election prospects. that's why the president's call with the new dems' coalition today is so important. this is a group of about 100

more moderate-leaning house democrats, many of whom represent vulnerable districts. more than half of the 919 dems in congress who have called for the president to step aside are part of this coalition -- 19 -- including congressman brad schneider, pat ryan and angie craig. the president has a virtual meeting with the house congressional day -- progressive caucus, it combs after he met with house minority leader hakeem jeffries thursday. notably, he reportedly did not offer the president his endorsement. neil. neil: thank you very much for that. and we should just expand a little bit on what madeleine is saying because she's dead-on accurate on that. not only did hakeem jeffries not sound overly supportive, he was just relaying some of the concerns some of those members have. and you've already heard that barack obama and nancy pelosi are, quote-unquote, worried. that, perhaps, might be an understatement. we're going to speak to one of

the congressmen the president mans to address, ami bera, a little later. in the meantime, we'll also be hearing from the republican house majority whip, tom emmer, what he wants to hear about a push to go with the 25th amendment and force the issue, after this. why i am the way i am. my curiosity led me to ancestry. it was amazing to see all the traits that i've gotten from my mother in my dna. it's a family thing. it's a family thing. there are many ways to deliver a shipment. at old dominion freight line, we deliver them this way. this way uses technology and goes the extra mile to do things the right way. the delivering promises on time, every time, way.

neil: you know, it's not only a

growing number of democrats in congress bolting prosecute president of the united states, a good number of those running for congress including my next guest, madison horn, is an oklahoma democratic congressional candidate, not too keen on the president sticking around a while. very good to have you, ms. horn. what made you come to this conclusion? >> well, thank you for having me and good morning. you know, ultimately what made me come to this conclusion was no one wanted a trump and biden rematch. i mean, you know, the prediction for this to happen was, unfortunately, very predictable. but, you know, we need the next generation of leadership to step up. you know, what is happening right now in america and the wrought that -- the rot that i believe in american politics right now is partisan politics and the fact that, you know, we are suffocating american leadership and not allowing that next generation to rise pourly because party powers are wanting to keep that power, consolidate, and i just think it's not the

best thing to move forward and to move our country forward especially in these challenging times. neil: who would be your backup choice? if kamala harris, the vice president? >> you know, i don't think that it's appropriate for me to anoint someone. you know, the appropriate process is for us to potentially go to the convention or even prior to and us follow a democratic process that ensures that multiple candidates, multiple individuals get the the opportunity to speak their case and then someone is nominated through that process. neil: now, you know, that might be your view and many echo that, to be sure, but i look at these latest polls. you know, the president's not doing that poorly. it's still a competitive race. do you think you're overreacting, that, you know, this debate certainly was a signature event, i get it, and virtually everyone in your party even though still supporting him overwhelmingly agree with that, but he's not doing too bad. >> i don't think that this is an

overreaction. you know, we have to think about the next four but even the next eight years, you know? we've had transition thal presidents over the course of the last eight, and we need stability. we need longevity because right now in this time in history we are innovating quicker than anytime in human history, you know in i've worked in cybersecurity for the past 15 years. when elected, i'll be the most credentialized cybersecurity lawmaker in u.s. history. the thing that keeps me up at night is whoever hardness in -- harnesses the power of a.i. first is going to dictate what our economy look like on a global stale, and -- scale, and it's going to shift from what we've seen in a post-world war ii era and have wild implications on our work force and our national security and the entire value system on a global scale. so we need longevity. we need strong leadership that can potentially serve for eight years. neil: when did that hit you?

the only reason i ask is i understand the debate thing. it was 900 awful minutes we'll never unsee, i get that, but did you harbor any of these views prior? a lot of people have been seeing the president forgetting names, stumbling and all of that. and the stumbling stuff i think is in a separate category. it's not a cognitive issue as much. we had seen his inability to comport a complete sentence, and that's been something that wasn't new with this debate. so what changed? >> sure. i don't want to say anything changed. i mean, i started this conversation by saying that i don't believe anyone wanted to look at the 2024 presidential ballot and see joe biden and trump on the ballot. neil: but he won, right? he won that nomination fair and square, and now a lot of people are changing because that debat. i know their fears. >> sure. neil: but a divided party often loses. democrats lost when they were divided and ted kennedy was

challenging jimmy carter and, of course, the party went down to defeat that a fall. we've seen it happen when gerald ford staved off competition from ronald reagan right at the convention, still went on to lose to jimmy carter that fall. so i guess what i'm saying is divided parties no matter who they pick as their nominee in such a case, even with lbj stepping down in the middle of the 1968 race, it doesn't help. they still lose. >> respectfully, i would say that are you implying that you believe that the republican party is not divided? i mean, a majority of the folks that i hear in oklahoma, you know, they're, like, this isn't the republican party that i grew up with. respectfully, i was a republican much longer than i was a democrat. but the republican party has drastically changed as has the democratic party -- neil: no, you're absolutely right about that. i don't mean to sort of take sides here. i am saying though that saying what they will of their doubts or concerns, some of them, it is oddly united.

in fact, strongly so going into their convention next week. whether that holds, you're quite right, might not. but for now it is, which is remarkable in and of itself. what do you think? >> i think what you're seeing is a facade of unity, to be honest with you. i don't think there's actual unity in the republican party or the democratic party. you know, we're looking at the most dysfunctional congress in u.s. history. if there was true unity, then, you know, why can we not get anything done? you know, why did it take a number of, number of, number of rounds for speaker johnson to get nominated and for that to be passed? you know, it is ridiculous to see goes driving politics, party power driving politics and no one wants to actually solution and get anything done. neil, i think this is where i'm going to have do disagree with you, and i just -- i don't see the parties actually being united. neil: all right. the only difference with republicans is they're not looking to replace their nominee for the time being.

but it could change, to your pointment madison horn, thank you. we'll follow your race quite closely. fair and balanced, tom emmer, of course, the house majority whip. tom, congressman, you heard what she was say, that you guys really are united it seems on paper, but a lot of your members aren't happy with the final result. what do you say? >> i disagree completely. i mean, the republican party is completely unified behind donald trump as our candidate. and, obviously, while democrats eat their own, we're going into a convention with a lot of momentum, and we're going to come out of it on a very high note going into the november 5th election. neil: so why isn't nikki haley invited to be part of it? she did get the second most votes, albeit miles behind the president. it just seems petty. >> it just depends on how you want to look at the convention next week. i think nikki haley did a great job. i think she turned around and endorsed -- neil: that's a hell of a hang for it, right? she's not even invited.

[laughter] >> she's invited. anybody can go. neil: really? so we can call her, you can try to get in past security, they'll let her in? >> nobody gave me an invitation, neil, and they're going to let me in. neil: you're tom freaking emmer, you're the majority whip. i kid but to make a larger point here, there's an interesting column today by brett stevens saying, essentially, be careful what you wish for, writing in the new york times today that does anyone remember what a trump administration was like and what it broughting? if he said, first, trump won't slay the left, instead, he'll reenergize and radicalize it. trump will be a down-ballot loser. third, he says that trump's second term personnel won't be like the ones in his first. instead, he will appoint the trumpiest people and pursue his trumpiest instincts. the result won't be one republicans want or are respect. that's one columnist's opinion,

i grant you, he could be wrong. he's been wrong on other stuff. what do you make of that? >> not a big fan of the messaging that that comes out, the political messaging that comes out of "the new york times," neil. you've got to -- neil: this guy isn't a radical lefty, but go ahead. >> but what he just wrote defies reality. and in the last trump administration, you had a record economic growth. you had safety around the world. you had the abraham accords. you had a sealed southern borde- neil: and you had a botched reaction to covid. that final year, obviously, was different, i grant you. but that's what cost him re-election. i guess why i'm mentioning these things is there are a lot of people who seem to have amnesia about january 6th and before. i'm not saying whether it's legit or right, it should be a voting issue or not, but that this idea that things are idyllic and it was all lilies and flowers and blooming and joy, it wasn't.

>> neil, it's never perfect. neil: right. >> i'm not going to sit here and tell you that one administration or the other has made no mistakes and the other one has made all mistakes. but i'm going to tell you the facts are pretty clear, under donald trump you had record economic growth, you had -- the economy was moving. throwing the pandemic in is, i think, a little bit of a red herring since nobody if knew what we were dealing with, and people were trying to work on it on a daily basis. neil: sure. >> clearly, it was not the same back then. that economy that donald trump built, that safe border down south, making sure that the crime in our streets that we've now seen did not exist and making sure that there was peace around the world, president biden has done just the opposit- neil: no, i hear exactly where you're coming from, tom, and i appreciate that. but i do think that part of what i heard from the former president is remember my first three years, try to forget my last year. right? if. [laughter] >> well, i don't think so. i think he's talking about what

he's always talked about. and you've got to looked at what the choice is. 20% inflation in the last 3 years under joe biden's failed economic policies. americans are spending $1,000 more a month, $12,000 more a year because of his failed economic policies. housing affordability is at an all-time low. credit card debt is at an all-time high. and what's his solution? neil, in 2025 he wants to double down. he wants to add another almost $5 trillion in taxes. he wants the highest corporate rate, higher than communist china. i mean, this is not going to be acceptable to the american people. that's why donald trump and republicans are going to win in november. neil: all right. we'll watch it closely. in the meantime, tom, i'm going to put you down as a maybe on president biden -- [laughter] we'll see. always good seeing you. good luck getting into the -- you're not going to have any problems. always good seeing you, house financial committee services member, congressman tom emmer. we've got a lot coming up including not all political.

alec baldwin, that whole case against him dropped, thrown out. we'll tell you why after this. >> or your motion to dismiss with prejudice if is granted. [background sounds] [floor creaks] [door creaks shut] (♪) (♪) (♪) relax, you booked a vrbo. (♪)

(reporters) over here. kev! kev! (reporter 1) any response to the trade rumors, we keep hearing about? (kev) we talkin' about moving? not the trade, not the trade, we talking about movin'. no thank you. (reporter 2) you could use opendoor. sell your house directly to them, it's easy. (kev) ... i guess we're movin'.

neil: case dropped, alec baldwin relieved. mercedes colwin to make sense of it all. what happened here, mercedes? >> well, it's pretty remarkable. it is a great outcome for the defense and kudos to alex spirit wrote who i've known as a spectacular lawyer. it all a boils down to this, every single individual who's accused of a crime has the constitutional right to a fair trial. but if you're the prosecutor and you seek to hide evidence, which has been accused here, and the judge actually found and concluded that the prosecution had hidden some very key evidence, the entire thrust of this case was how did a live

round end up in the gun that that ultimately killed hal that if hutchens. well, that question had never been answered -- halyna hutchens. we know that after gutierrez-reid had been convicted, a good samaritan, a former retired officer, went to the sheriff's office and dropped off a bunch of bullets. it just so happens that three of those bullets matched the round that killed ms. hutchens. what that bullet, those bullets never made it to the defense. for some reason, it never went to the defense even though on law enforcement side and presumably the prosecution side knew of the exeps of this key evidence. this is a round that matched the round that killed ms. hutchens. how does that not get into the hands of the defense where they can use their own ballistic experts to determine what happened on the day that ms. hutchens died. so instead of making multiple motions, and and we've seen multiple motions by the defense, by spiro and his team, they

waited until a crime technician changed the stand, and he used the cross-examination to lay the trap. during cross-examination, he asked ms. koppel, the crime technician, that whether there had been a good samaritan that dropped off those bullets, and she said, yes. those bullets were never if given to the defense. her answer was, it wasn't my job. so his retort to that is, are you saying that you hid it? obviously, there wasn't that admission. that night? this was thursday night, they made their motion to dismiss the case with prejudice. the judge was incredulous. she can asked for it, to see the envelope filled with the bullets. she looked at them with gloves. she examined the bullets. now, at that very moment the lead prosecutor said i'll take the stand, your honor, i'll go under oath and explain what happened to this evidence, and that's when the judge started to

go through those rounds, and she found three bullets that matched one of the rounds that ultimately ended up killing ms. if hutchens. it was astound thing. neil: wow. >> the judge had had it, and she made the, she made the conclusion that a fair trial had been deprived and, therefore, she dismissed with prejudice. finish. neil: and it can't come back. it's done. there's no second, third shot at this, right? >> done. double jeopardy. neil: wow. >> who knows, i mean, obviously when gutierrez reid's trial was undergoing, those bullets had not materialized and no motion of that, but you can bet your bottom dollar that ms. gutierrez-reid's team now are going to seek a new trial, a dismissal of the charges. for sure, they're not going to sit on their hands. this is a remarkable outcome, and it's going to maybe even actually dismantle what happened to gutierrez-reid, the armorer, who was convicted of involuntary manslaughter. neil: i didn't even think of that. i was wondering when i first

heard, i know mercedes can help us out with this. [laughter] anything for you, neil. and a very quick happy birthday to my sister margo. neil: all right or, margo, happy birthday. in the meantime, dr. ruth westheimer, america's pioneering sex expert, is dead at 96. she had been battling an undescribed illness for some time, but she was known for her frank discussion, and aronically, she said i'm a bit of a -- ironically, she said i'm a bit of a square saying sex is a private art and private matter, but still is the a subject we must if talk about. and as a nation, we did. thanks to her. dr. ruth dead at 996.on 9 a of -- 96. and doesn't spy on your searchs and duckduckgo lets you browsel but it blocks cookies and creepy ads that follow youa and other companies.

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>> this is the second time in less than a week where the briefing has prompted a need for later clarification on questions about the president's health. >> it was being incorrectly assumed and insinuated that the president was being treated for parkinson's. i said the president was not being treated for parkinson's. i actually went a step further and said he wasn't taking medication for parkinson's. neil: the back and forth continues about what the white house knew about the president's condition and when they knew about it. there have been a lot of people on all the networks talking about, you know, what the president has or doesn't have, and they're not medical experts. it'd be like me commenting on, well, almost anything. anyway, we thought we'd get a neurologist and a darn good one, kind enough to join is us. you know, doctor, the back and forth on this has essentially concluded that this looks and sounds a lot like parkinson's. you hear about this parkinson's doctor who was in the white house a number of times.

what do you make of that, and what does it sound like just to you, just reading the president of the united states? if. >> well, neil, i think, first, you know, we need to the to show some compassion and empathy for the president because when a patient is suffering from true cognitive decline, they don't always know it. and his handlers in the media didn't do him any favors, because by covering this up, he truly may not realize the extent to which his problems exist here. parkinson's is based on a neurological exam rather than a single test like a brain mri. having said that, i do not believe he has parkinson's for a few key reasons. he doesn't is have the shuffling gait. he has a stiff gate, but that's not the same thing. he doesn't have rigidity on one side of his body. also dr. o'connor's position document that he does not have parkinson's, and he's putting his license on the line by doing that. and dr. canard, who's been visiting the white house, isn't

just a parkinson's specialist, he's a neurologist with expertise in many different forms of dementia, so him being there doesn't mean the diagnosis is parkinson's. neil: so when you look at it, it could be just an aging old man, or it's not so much the shuffling gait and all of that, there are a lot of people saying he can't assemble a sentence or keep a train of thought. gosh, that's me every day. but leaving that aside, i am wondering what you think is going on here. is it beyond just the guy getting old? >> yeah. i think when we talk about this cognitive testing, let me tell you what the media is getting wrong here. tests hike the mocha test is just a 15-minute screening test. it only indicates something might be wrong, so it's not likely to tell us much. he needs neuro-psychological testing which tax several hours that looks at orientation, memory, judgment and would have to be done by a person independent from his team. an mri would be much more

helpful. he likely suffers from vascular dementia. reduced blood flow to the brain, he's had two brain aneurysms that ruptured and bled going back to 1988, and it required neurosurgery. both of those conditions lead to vascular dementia which is the second most common cause of dementia behind alzheimer's, and a single brain mri could prove this diagnosis. neil: if he is reelected, doctor, that that's something that would accelerate and worsen, wouldn't it? >> yeah. well, what i'm most concerned about is what neurologists call cognitive reserve. all these excuses we've been hearing like under stress, haven't slept enough, all that speaks to cognitive reserve, and you need a lot of it to be president of the united states. is so his cognitive problems will wax and wane, but you can't say, oh, here's a good day, here's a bad day because what if something catastrophic were to happen on a bad day? it's sad to say, neil, but if a

ceo of a company was performing like this, i think the shareholders would can for the ceo to be removed, and i don't think anyone would be buying the stock. while he'll have some better notes at -- moments at time, the better moments are getting fewer and further between. and for that reason i truly believe he needs to pass this along to somebody else. neil: doctor, there's a reason we wanted to come to an expert and not someone on the right or left fire breathe about this who didn't know a thing about it. thank you, doctor, for taking the time. >> thank you. neil: there is a past for this. in companies were -- they are ruthless about this. michael walsh revealed a brain tumor to the board and shareholders and then made a national announcement. he fought the good fight. ultimately, wasn't pushed out, but resigned of his own accord. he died a year later. we'll have more after this.

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