member sixth we know it will go the other weight and she will play back to her base. is unfortunate, we see her go through this every election season and generally who suffers is people in crime-ridden neighborhoods and it's the police are obviously over there trying to do their job. they have to put so much paperwork on police recently, in new york city for car stops, of course cops ago stop doing them and you can see the results. >> judge jeanine: that they lose their interest, we asked why they took it down by the way and we did not get an answer. paul, appreciate you being on. you are the best. that is it for tonight, i'm judge jeanine pirro again for laura ingram, make sure to catch me every monday through friday on the five and follow me on instagram. >> todd: former president donald trump indicted again after special counsel jack smith tries

to work around the supreme court ruling on presidential immunity. will it work? legal expert on deck? and vice president kamala harris decides to sit for interview, will she be asked about her flip flops like the border wall or eshg v mandates? history made at the u.s. open. veteran underdog clenching upset win in record-setting five and a half hour match. [cheering] >> todd: we'll bring highlights. you are watching "fox and friends first," i'm todd piro. carley shimkus has the day off. jam-packed 5:00 a.m. hour on tap starting with the election. trump campaign ripping vice president harris for her sudden flip flop on the border wall as harris and walz head to georgia

and trump and vance hit the rust belt. lucas tomlinson has more. >> lucas: a lot of accusations of flip flopping like a tennis match, add border to the list. the campaign says kamala harris backs this bill, including funding for a border wall. axios says harris flip flops on building border wall. kamala harris pledges to spend hundreds of millions of dollars on the wall, a project she opposed and called unamerican during the trump administration. an advisor says this is total -- something i can't say and harris has flot flip flopped on anything. you guys got dooped. harris opossesses the wall. here is harris in 2019 and 2020. >> on subject of trans national gangs, be clear, the company's

medieval vanity project will not stop them. he has held up the united states governments and workers around his vanity project called a wall. >> this president's medieval vanity project called a wall. he talks about that wall and wants everyone to be preoccupied with multi billion dollar vanity project. this issue is about a vanity project for this president. lucas tomlinson officials say it's00 following j.d. vance trip to michigan he continues to pennsylvania and wisconsin with trump heading to michigan and wisconsin tomorrow. today harris kicks off bus tour in georgia with her running mate tim walz. as promised, kamala -- will be appearing on cnn with her running mate, first question

could be, why didn't you show up and do this alone. >> todd: if i do knowa interview, i'm bringing lucas tomlinson with me. thank you. speaking of georgia, governor brian kemp says trump will need his state to get back in the white house. he said the path will run through georgia. no path for trump to win or any republican to get to 270 without georgia. governor kemp says he is working hard to secure the vote for trump in georgia because we cannot afford four more years of biden-harris or harris-walz, which would be worse than biden-harris were. former president trump has been indicted again in election subversion case brought by special counsel jack smith. the indictment was revised after immunity ruling, new indictment charges trump with four felony

counts of conspiracy, removing allegations against justice department officials. lexi rigdon joins me. jack smith refrained to avoid running foul of the supreme court immunity decision. did he succeed? >> well, this is again going to have to be something that goes back to the supreme court ultimately. he did reframe it and took and made bulk of accusation against candidate trump. there is presumpive immove munity, he had to go back and this may not work either or they will have to go back to the supreme court for a ruling. there might need to be new test like the supreme court created a test for the presidential immunity, some type of scheme for courts to figure out how to

parse through that and need to do the same thing. how do you know what was actually personal/candidate trump versus president trump when he was acting as president at same time he was campaigning. the judge, who is presiding over this case is not going to be able to make a decision on and if she does make a decision on, you can guarantee it will be appealed. >> todd: such an important point to make. i've been warning people since we knew about this lawfare, so many issues in these cases or will come up are new and when there is something new, when you don't have a body of law on a subject that ends at the supreme court supreme court and tampa bays time. donald trump writing on truth social, it is doj policy department of justice should not take action that will influence an election within 60 days.

voting starts september 6, he calls it election interference. doesn't he have a point? >> this is close to election and did it prior to september 5 hearing scheduled as result of supreme court ruling where attorneys need to come to the judge to see how to move forward in light of the ruling. if donald trump wins in november, this whole thing goes away. if he does not win in november and vice president harris wins, this case proceeds and continues and there will be more legal wrangling. there is no chance of anything happening before election day this year. >> todd: putting aside immunity discussion, did smith's overall case improve vis-a-vis this reframing? >> i don't know if i would call

it improved, it improved in the sense it is not running a foul on its face. of the supreme court ruling. it kept certain things, like interaction with mike pence, focus is if is not interaction between president and vice president but candidate with person who was presiding over senate proceedings. everything turns on the head of a pin here temperature is nuanced, especially given supreme court ruling. >> todd: jack smith was appointed by merrick garland. lexi, we appreciate your time. thank you. j.d. vance rallying michigan yesterday, tudor dixon took the stage to rail against chinese ev company trying to set up shop in

her state. >> it is important to know who you elect, that is how goshen got here and goshen must be stopped. she's here to tell us why this is such a big priority for battleground voters and not only big name on tap, look who is coming in, my buddy charles payne, joe concha, and everybody's buddy cheryl casone coming up on "fox and friends first." keep it here on a busy wednesday morning.

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alert. people from the plains to northeast are at risk, thunderstorms sweeping the great lakes, pounding the region with damaging hail and winds. gila and hector continue to churn toward the hawaii islands. janice dean has the forecast. >> janice: we have everything, including snow. sometimes it snows in montana in august. plain states, upper midwest and great lakes, cold front slicing through record-setting temperatures. could see records for mid-atlantic, ohio-river valley. potential for stronger storms including heavy rain, flooding, large hail, damaging wind along

this front, especially later this afternoon as temperatures go up. forecast highs, yesterday in chicago, close toen it0. so cooler for you and very warm ahead of that front as it continues to move across the ohio and 10 see river valley. will get relief later this afternoon and evening. upper midwest and northen plains, moisture for southwest, monsoonal showers and a little snow across higher elevations of montana. watching tropical activity over the pacific, the storms will weaken a bit.

i don't think hawaii will be impacted like over the weekend. latest storm is gilma. this is tropical storm. things will ramp up for labor day. >> todd: september is like, we're here. >> janice: it has been quiet, don't let your guard down. >> todd: thank you. trump and vance will be campaigning this week. j.d. vance visits michigan to speak out against a chinese company trying to build an ev plant in town. >> obama's administrationed goshen factory is a threat to national security, even obama's leadership. kamala harris wants to ashesllow the chinese communist party to build factories and pay them to do it with our tax money.

my concern with goshen, where does it come from and where does it go after it is contom nated. it is important to know who you elect, that is how goshen got here and go got shen must be stopped. >> todd: that is tudor dixon and she joins us live on "fox and friends first." what was it like at that rally to have j.d. vance, v.p. candidate joining you in your fight to keep china from infiltrating michigan? >> what i heard on the ground from the people there, it was a super big krou crowd. you heard janice dean talking about the temperatures. people there fought hard and are thankful to fox news for what you guys have done and were overwhelmed j.d. vance came to big rapids to talk about this.

perfect example of small, local story and local people making sure they take care of their own. they are concerned about environmental impact and national security impacts. they have worked so hard and to have senator vance come in was such a relief and really they just felt heard. they were overwhelmed with emotion about it. >> todd: here is what one of them said about the plant, listen. >> pro-goshen people have lied this entire time. they said they have majority and we've done surveys that show people here are 85 to 90% against goshen. j.d. vance came to our farm today to do a rally and had a huge out dollar come of people here. our community does not want this. >> todd: if voters don't want

this, why are kamala harris and her michigan democrats in office pushing so hard for it? >> because there are no jobs in the state of michigan, that is the problem. democrats have run all the jobs out with mandates and energy costs and the state is struggling. we look at what michigan spent, million on ev battery plants in michigan that only created 200 jobs. i said, this is a disaster, we cannot have goshen come in. i was hammered for saying, you are not going to bring in jobs. we have 200 jobs. the battery factory, we don't know what is upon haing, we don't know chemicals they are using, they are taking 700,000 gallons of water everyday.

we were concerned when nestle took the water, now water is taken and where it is go ing wos it is contaminated. you are putting tack payer money into a fact factory for promises of jobs and putting us in danger. they are trying to show a success. >> todd: this helps the chinese, our adversary. when you hear biden-harris administration talk about it, it is a competitor, wrong way of framing it. speaking of kamala harris, another harris flip-flop, this time her instance on electric vehicles. her campaign sending a fact check to j.d. vance. vice president harris does not support electric vehicle mandate. look at her record. 2018, co-sponsor of zero emission vehicle act and

campaigned on new car sales being zero emission by 2035 and pursued biggest ev agenda in history during the biden administration. do automotive workers believe this latest flip flop? >> no, we can't believe her. this is not coming from her. we have not heard her say anything abouter had policies and let's not forget, this administration's own staff went out on the white house lawn and protested their boss's policies. this is coming from her staff. i have no confidence this is how kamala harris feels. people of michigan feel they are on an emotional roller coaster. where does she stand on anything? where does she stand on border wall and inflation? where does she stand on the economy? now our legacy industry, we don't know whether or not she's sticking to mandates. i think she would be smart not

to. once you flip-flopped, is she telling american people this because she knows how much it damaged our state and as soonsa she's in office, she will go back and say destroy the auto motive industry. this is a huge problem. >> todd: word of caution, we saw in biden administration, he is on vacation, so assume staff is running things, would that be the case in kamala harris presidency? important question to ask. tudor dixon, thank you. north carolina woman stabbed in the face at the airport. the suspect was let out of prison jufst a week before the attack. and blatant drug use in portland only illegal between certain hours and weekend.

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>> todd: fox news alert, idf launching major operation, where there are fears iran could ing planning future attack. trey yingst. >> trey: overnight israeli fo forces conducted large scale raid and it is ongoing at this hour. local health officials say 10 palestinians were killed so far during the operation. video shows troops driving into palestinian-controlled areas. israel conducted a drone strike earlier this week, killing a hamas militant who was released in the ceasefire deal. there is concern there could be

suicide attacks against israel as conflict develops on the ground. we're learning more about condition of bedwin hostage rescued yesterday by israeli special forces. video showed the man being loaded into israeli helecopter before being taken to the hospital. he received a phone call from prime minister netanyahu welcoming him home. inside gaza, israel continue to expand in central part of the strip. palestinian civil knowias are moving to rapidly shrinking humanitarian zone while gaza is overwhelmed. working groups continue to hammer out details of possible ceasefire agreement, they met in cairo and shifted talks to doha to continue the conversation. >> todd: north carolina woman in town for a friend's wedding

stabbed in the face while at the airport in new jersey. police cuffed the suspect, h homeless repeat offender who has been in and out of jail. has two prior arrests for stabbing two people, including an officer. he was released from prison eight days before the attack. he is now charged and being held in county jail. the woman was taken to iaer 92 nearby hospital and treated for the gash on her face. prayers for her. p portland, oregon -- cheryl casone has more. if you do drugs during business hours, you're good? >> cheryl: does not make a lot

of sense. this is true, you are correct. oregon is arresting illegal drug users after 8:00 pim a p.m. not jailed during business hours. p portland police chief says people contacted outside those hours, my direction, they will be taken to jail. the city is trying to get drug use and overdose deaths under control. the county is trying to get a deflection center up and running giving people option of treatment over jail, due to shortage of nurses, opening has been delayed until mid-october. one judge says you happen to have interaction 8 t:0 5 p.m., f

it is 7:55, you are out for deflection. remember what the drug use has done downtown. of course in the wake of covid, riots, there is drug use happening with homeless population and businesses are leaving because of it. >> todd: what you see with so many blue jurisdictions whether drugs, crime, other things, they like to get cute. if you learn from human interaction, you can't get cute, you need rules, put your foot down, make an example out of your kids when they do something wrong for their own benefit. they are not doing it the right way, users will suffer when overdose deaths rise because this plan is stupid. >> cheryl: this is why the city

is, they want to do deflection center. see if this plan works. i don't know, it has been hard. >> todd: from oregon to wisconsin, on issue impacting all 50 states involving boys and girls, high school locker rooms, gyms off that stuff. >> cheryl: heated and emotional topic for parents. group of parents are challenging changes to title nine. concerns aired on august 14th, got heated, a lot of fightings. one parent said it is ridiculous you guys are considering letting bathroom and locker rooms be co-ed, i don't care how they identify, boys are boys and girls are girls, it is basic. under the law if a transgender person wants to go into opposite

locker room or bathroom, they have to be allowed to do so. parents say new law does not protect girls from a naked male in a locker room, that came out in this meeting. this is happening across the country, there are lawsuits trying to block this. does this end on the door of the supreme court? very possible. parents are upset and worried about safety of the girls. the girls can't say anything. what schools are telling, colleges or high schools, if you are uncomfortable, you need to go find your own bathroom, you can't change if you are uncomfortable with the tr transgender male. >> todd: silencing a 13-year-old girl because she doesn't want in the bathroom with a naked dude, this is sick.

>> cheryl: changes to title nine used to be two paragraphs, it is now 1500 pages. this administration is good at writing large amounts of -- i like you. i like most lawyers. >> todd: we like you, we love you on mornings with maria, where you are going in 25 not ms. see you there. thank you. kamala harris hopes voters won't question new support for trump's border wall, will cnn ask about that or other flip-upon flos when she sits down for that interview tomorrow. let's see what joe concha thinks, he is up right after this. d. er-lasting relief than tylenol rapid release gels. at the source of inflammation. so for faster pain relief, advil the pain away.

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>> todd: kamala harris will take part in a sit-down interview tomorrow when she and running mate tim walz face questions from cnn's danna bash. considering several interviewers with politico saying, reporters have been asking kamala harris who she thinks she should talk to. joe concha is a fox news contributor and joins me now. before we get into the article,

hold on, she can't do an interview unless her buddy walz is next to her? this new gen-z trend where people go in for an interview and bring their mom? >> joe: wow. we are witnesses most absurd amateur, laughable, farce cal, asinine campaign in our lifetime. what is next? will kamala harris send out buster sticker saying vote for harris-walz, make america great and joyful again? this is weather vein campaign who will say and do anything to get elected. why can't kamala harris do this interview by herself in great question, todd, why bring her running mate with her? cnn being cnn agreed to allow kamala harris and tim walz to do

a pre-taped interview. why isn't the interview live? why did kamala harris and tim walz choose cnn in this particular situation? donald trump, j.d. vance have done multiple interviews recently live. no editing afterward, no manipulation or omission of c content. cnn can now omit any word salad kamala harris and tim walz serve up. request to sinnin is, to dannabash specifically, a simple one. release entire interview on c cnn.comonline, unedited that is not a hard ask. i want to see the whole thing,

not whatever is produced afterward. >> todd: they said they asked reporters and they said dana bash is your best bet. were you asked? i did not get a call asking who they should pick. >> joe: lost in the mail. >> todd: harris on urging of reporters picked bash for a reason. do you trust bash to go after harris on the flip-flops and multitude of issues, ev's, the economy, so many issues she's flipped, medicare for all? >> joe: that is the thing, if dana bash can do what the late great tim russer used to do on "meet the press" playback kamala harris and tim walz own words

when it comes to past statements on policy position. she was 100% for fracking and now she is against it because she needs votes in pep nnsylvan or on ending drilling and she said she wants to abolish ice, eliminate private health insurance. that is right, wants to provide free healthcare for those here illegally. she wants to divert funds from police, mandate electric vehicles, she is for medicare for all. this might as well be a swedish massage under guise of an interview. very simple thing to prepare for. here is what you said, here is whattureiocampaign aides are saying now, here is your record as vice president. if she does not do that, this is

not an interview, it is pr. >> todd: thursday night is the time we will watch this. now to u.s. open, great britain making history in this five and a half hour match. >> todd: you could fly from new york to california in that time. american tommy paul, and carlos alcaraz. and naomi osaka in her out fit, she won. check in with brian kilmeade to see what is coming up on "fox and friends." he is wearing standard suit. >> brian: not my flapper outfit, she is wearing.

fox news alert, former president trump's defense team looking to seek dismissal on brand new indictment in election interference case. how it could sway voters. harris and walz will sit down for first question and answer session, problem is with cnn and they'll be together. she will explain her flip flops, we have two more and i can't explain it, i can recite it, she does not say it. new school year kicks off, governor sarah huckabee sanders makes push to keep kids off phones and social media. make all kids watch cable news. she will join us. 8:36 p.m., new study shows you know if your day is ruined. we send doos on the loose. we have jack roberts, kiona hermanson jack keane, will cain

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>> todd: kamala harris taking tougher stance on the border to a whole new level with axios now reporting she supports building the border wall but americans don't know what to believe after harris repeatedly insulted the idea in the past. watch. >> on the subject of

transnational gangs, let's be person perfectly clear the president's medieval vanity project is not going to stop them. >> he has held up the united states government and its workers around his vanity project called a wall. >> this president's medieval vanity project called a wall. >> he talks about that wall. he wants everybody to be preoccupied with multi million dollars vanity project. >> this issue is about a vanity issue for this president. >> rancher has unused border wall material sitting on his ranch. he joining us now. what do you think of this flip flop in lot light of the fact that you particular have border materials that she is now in charge of as border czar sitting on your land being unused? >> >> good morning, todd. it's ironic, you know, i see it constantly from a state elections to a federal election.

these democrats, as we start getting closer to an election. they start sounding more and more like republicans. and what's confusing to me is there is two concepts of this administration especially has a hard time dealing with and implementing. it's really easy to tell the truth and do the right thing. and when it comes to this border situation, this creation has been in charge for the past three and a half years. and this material has been there for more than four years. why haven't they installed it? >> todd: despite this flip flop, do you, do your fellow ranchers trust that kamala harris and an administration under her would ultimately build the wall on or about is she just pandering with votes with something she has no intention of ultimately following through on? >> she is absolutely pandering for votes. and i think especially these border communities, we know the truth behind her motives here. because, like i say, she has been in charge. she has been the border czar for

the past three and a half years. and we have seen no action on the border other than this administration stopping any kind of progress that's actually going to bring be some safety and security to this nation. >> todd: i think at the end of the day for you fine folks there it's insulting because you are living -- we are all a border state i understand that but you are living this experience on a day in day out basis 24 hours a day to have this flip flop. i don't understand how she gets any votes from border states from folks like you. we will see. ruffle johnson, thank you for your time. got leave it there. from new mexico to california lawmakers there advancing a bill that would let illegal immigrants cash in on as much as $150,000 to help them buy a home all part of gavin newsom's dream for all program. lawmakers advancing the bill even though they admit the program is out of money. charles payne is here. why would we let that stop him? he is the host of making money on fox business and he joins me now.

charles, putting aside the absolute insanity and offensiveness favoring illegal immigrants over actual citizens, have any of these lawmakers actually cracked open an economics textbook to see that when you infuse money into something, money you don't have that just raises the cost of housing for everybody? >> why would they start now? i mean, you know, have you seen the bullet train in california? the billions and billions? i think they built the station -- they built the bathroom to a station along the way. so far out of several billion that's what they have accomplished. it's program after program. i was watching your prior interview. you talked about border states. every state in america is a border state. whether you have states like california saying hey, we will do this or oregon saying something similar, then you are going to draw people into this country illegally. they are going to flood our borders illegally. i'm looking at what happened in california the last couple days, i'm shocked, i'm really shocked let's pump the breaks on all of this and rethink it.

>> todd: that aurora, colorado thing, it seems like in these blue districts, denver was the aurora, california problem. what a disaster. why are you doing this to favor illegals and not favor the american citizen? i want wanted it to this stat for you here. this is shocking. average price for a house in california, over $780,000. the average nationally, 412,000, not cheap but not 784. could we see an average california home price top $1 million if this bill gets signed into law? >> oh, absolutely. i mean, even without that, i think we are on track. california is really like -- we need to really study california. because the law, the bureaucracy the red tape, it's designed for these houses to keep going up. home affordability. income inequality, that so-called genie index. it's outrageous. california is like the ultimate example of where a lot of money

high taxes and real poor governance has created this situation where you are either very, very rich or very, very poor. >> it's the canary in the coal mine. >> it really is we need to watch it. we need to stop emulating it. that's what is nuts to me. >> todd: that birdie is dead. it ain't flying. is the american dream dead that's a question we ask a lot. how much does the american dream cost these days. probably a lot more specific if you are in a blue state. "u.s.a. today" finding the five most expensive states, hawaii, massachusetts, washington and new jersey, five cheapest, mississippi, arkansas, kentucky beings and west virginia. there are the numbers on the screen the audience can take a look at it. in light of the stats, what would a kamala harris presidency mean for the american dream, which i would argue is already on life support? >> it is already on life support. >> what kamala harris is talking about snuffing out the animal spirit of america, period.

you know, and i devil deeply dey into. this when she starts saying hey we are going to go after so-called big business, the companies she is talking about are really successful small businesses. walmart started in rogers, arkansas. it's actually something we should be proud of. it's the american work chic. christian judeo work ethic. work hard, save your money, be capitalistic, help your neighbor, that's what it is all about. she is essentially talking about snuffing out all of it. all of the animal spirits, including the american dream of america. and it's pretty clear that writing is on the wall. it's a philosophy. it's not an economic policy. ideology shared by other people on the other side of the atlantic. if you think california is a greatest example. look what has happened to germany and other places where prosperity amazing. no longer be as prosperous as they once were. they had tourism that's about it. no innovation and nothing else

going for them because they have snuffed it out of their citizens. we are on the verge of doing that here. we could do it in november. >> todd: funny you mention california. tourist destination that has a lot of big businesses like tech. to your point, if those big businesses move out, california could be germany. >> charles: look at vcs and tech built own cities and states. you can't even see them. you take a special tram into the city and you never leave it, right? everyone else is like hitchhiking. it's an amazing thing. it's not an organic growth though that we can see around the rest of the country that i'm really concerned about. and, you know, again, like the border state stuff, if people fall for it, then shame on americans. >> todd: november 459 we'll see. freight to have you, my friend. "fox & friends" right now. ♪ ♪ ♪