it. >> democrats feel so comfortable that she could post a jokey joke tweet like she did. >> and plastic straws were the rage on the trump campaign. they sold out. >> yes, they do. >> thank you for joining us. here is "america reports." >> sandra: thank you, team. fox news alert, brand-new information on what led to the unprecedented fbi raid on former president trump's mar-a-lago estate in florida early yesterday. i'm sandra smith in new york. mike, great to have you today. >> mike: fbi raid is related to materials former president trump brought to mar-a-lago after leaving the white house on january 20, 2021, 2 months ago investigators were at his property for a meeting about turning over records and that was after the former president

voluntarily turned over 15 boxes to the national archives and records administration in january. >> sandra: the with question now, though, what prompted yesterday's raid on his home? fox news team covering now as we kick off a brand-new hour. phil keating has more on former president trump's reaction to all of this. peter doocy, the response from the white house. >> mike: griff jenkins is following a grand jury probe into the former president's handling of classified documents. >> sandra: david spunt is live at the justice department. this is not related to january 6th, that investigation? >> david: hi, sandra, not directly related to january 6th. this is related to the former president allegedly taking sensitive documents after he left the white house. it's important to point out, january 6th happened a couple weeks before president trump left office on january 20, 2021. what we do know, fox news is told by a source that inside

mar-a-lago fbi agents looked in offices, safes and documents without going through them on the property. photographs were taken, which is standard fbi protocol. one source tells fox news they were not being judicious about what they took. back in february, sandra, the archivist of the united states, now retired, wrote to the house committee on oversight about how the archives was in contact with the former president's team about more than a dozen boxes in question in mar-a-lago. we have learned in january of 2022, a month before trump's team voluntarily gave 15 boxes to the government. in june, d.o.j. officials made with trump attorneys in person at mar-a-lago, even told the former president stopped in so conversations were ongoing. a source familiar says the conversations broke down after a perceived lack of cooperation on behalf of the trump team.

this is where we get yesterday with that search warrant at mar-a-lago. this is not the first time an administration has been criticized for the handling of classified information, even in recent years, as secretary of state hillary clinton was investigated by the fbi for her handling of classified emails using her personal email account to send those emails, the fbi never charged her, she was not a former president, circumstances are different, she's not part of the presidential records act. however, it is notable to mention. what else is notable to mention is we are hearing nothing from attorney general merrick garland, fin director christopher ray, anything from the department of justice or fbi. typically with an open investigation they don't comment, however the circumstances are unique and with increasing pressure it's possible we will hear something but as of now, nothing from inside this building where i sit and speak to you. >> sandra: ok, david spunt at the justice department. keep us posted on any developments, and back to you.

former president trump meanwhile and many of his supporters slamming the fbi and the justice department for the raid. phil keating is live outside mar-a-lago in palm beach, florida for us. mar-a-lago appears pretty quiet at this moment. >> phil: it is, sandra. typically it is closed, the resort half of mar-a-lago during the summer months because it is so hot out here and humid in south florida this time of year, which i can personally attest. this was an unprecedented move by the justice department in that it went inside on a raid of a former president's residence. this didn't even happen back in the 1970s after watergate, and former president richard nixon. trump was not here in florida at the time of the court action yesterday. fbi agents executing that federal court approved search warrant going inside the residence. he was up in manhattan at trump

tower, captured on video by fox digital. as he left to then go to his bedminster golf resource in new jersey. alleging he took classified and maybe top secret documents with him as he moved from the white house to florida. 12 to 15 boxes worth. former president trump issued the statement, political persecution of donald j. trump years with the fully debunked russia scam, hoax impeachment number 1 and 2, political targeting at the highest level. republicans denounced the raid. kevin mccarthy issued this statement. when republicans take back the house we will conduct immediate oversight of this department, follow the facts and leave no stone unturned. attorney general garland preserve your documents and clear your calendar. and here is house speaker nancy

pelosi this morning. >> no one is above the law, not even a presidential or former president of the united states. >> phil: according to former president trump, agents not only searched a couple of rooms inside the residence, also got into one of mr. trump's safes. some secret service agents were on the scene at the time but they typically always are for a former president, even when that former president is not in town. sandra. >> sandra: phil keating at mar-a-lago, thank you very much. >> mike: questions continue to swirl over the legality of the raid on mar-a-lago. chief legal correspondent and host of fox news at night shannon bream joins us now. what's the process here? >> shannon: to get to this, it's not spur of the moment, somebody has to come in with a sworn

affidavit under oath and lay out what they are claiming or potential probable causes of a crime. that will go to a judge who has to sign off of it. the miami herald said it went to a federal magistrate and a bit of a distinction here, a federal judge, somebody who has to be nominated by a president and confirmed by the senate. magistrate is different. many same authorities but appointed for a certain period of time. approved without going through the more demanding process. some are asking a warrant to be served on a former president's personal residence, why wouldn't the magistrate kick it up another level, in any case, they do have full authority to issue this kind of warrant. the trump family has said he has been cooperating with authorities, and eric said they will be working with the lawyer, he was surprised by the raid thinking there was a good working relationship with the government.

other things had been turned over. appears there was a breakdown in negotiations or somebody in the fbi or doj made an affidavit under oath felt there was more and they were not getting it. as for what was gathered last night, agents were working in teams, where materials are separated so nothing privileged, like communications between the former president and his attorney would get scooped up with relevant materials. those kinds of items cannot go, obviously, to an investigator or prosecutor, have to be handled separately. congressman mike turner, both a lawyer and on the intel committee says it has to be explained. will we get a press release, a look at the warrant which the basic warrant should have been left there at mar-a-lago, so it exists for people to look at if the former president or his team thought it was relevant or news worthy to turn over, they would

probably be at liberty to do that and have it in their possession. so now we just wait, mike. >> mike: busy day for you. we will see you tonight for fox news tonight. >> sandra: bring in jonathan turley. thank you very much for joining us to move this forward, we are about to hear from the president, not specifically on this, although he could comment on it. top of the hour he is set to speak. we also have the white house briefing taking place at 2:40 p.m. eastern time. the white house has maintained it did not have notice ahead of this raid. what questions do you have at this hour, you've been on this from the very beginning. >> well, i would be surprised if the white house was given any type of formal notice. that would be highly inappropriate, but there are these mounting questions, you know, we are learning more that there were ongoing negotiations, meetings at least in june, to

turn over additional documents and once again raises the question why you needed a raid. even if negotiations broke down, why wouldn't a subpoena suffice? this was a finite amount of material, it was located in the residence, the subject was not even in the residence. why did you require the battalion of fbi agents to descend upon the former president's home. so, those are types of questions that will be raised. this does not mean there was not a basis for the application for the raid. there are -- there is authority here, obviously, if there is classified material present at mar-a-lago. they have every right to collect it and the former president has no right to retain it. but we still have to learn what was represented to the magistrate as the need for this raid. did they suggest that they were

afraid that there would be destruction of records or some other urgency that required this type of extreme action. >> sandra: and now you have republicans piling on, they are threatening now if the republicans are able to take the house in november, serious action as a result of this. here is kevin mccarthy's tweet, you saw it a moment ago, we'll put it back on the screen threatening to probe a.j. garland if republicans take back the house. saying preserve your documents and clear your calendar. in that tweet, among other things, he says when republicans take back the house we will conduct immediate oversight of this department, follow the facts and leave no stone unturned. is it reasonable for him to call for that probe now based on the unprecedented nature of this raid, jonathan? >> well, this is legitimate area for oversight. there are many americans who view this as another attack on

former president trump. the nation is divided. half the nation views that as further proof of a type of felon in chief. the other use it as further proof of a deep state conspiracy. but i think that merrick garland has to recognize the fbi has a documented history of people with bias against this president, including people who were terminated, and documented history of false statements given to courts in order to facilitate investigations. you can't ignore that, and the legitimate concerns about this new effort to investigate. the other thing to keep in mind is these types of conflicts are not new. this is the most extensive i've seen with a former president, but it's fairly common for former presidents to have disagreements as to what material can be removed when they finish their term in office. we've obviously never seen this

type of escalation and i think that congress is going to look at that of how we went to 0 to 60 in such a short period of time. >> sandra: final question on that, because to your point about people wondering if it's normal or not that the fbi would seize these documents in boxes without ever even going through them. i was following you on twitter when this was happening last night and mike emmanuel, my co-host right now, was reporting that the sources indicated that the safe was opened by a safe cracker but was found empty. you then wrote this only highlights questions of any evidence of direct involvement by trump and any intentional effort at concealment. and that was a big revelation in the middle of all of this, jonathan. >> jonathan: it was. it reminds you of al capone's safe. they obviously collected a great deal of material and that is itself concerning. my assumption is that the trump counsel has marked any material

attorney-client privilege, so they will presumably set that aside. so if they are on a fishing expedition for january 6th, that would be a serious problem. if the motivation here was to collect evidence off january 6th, it would itself be worthy of oversight investigation. this is the same department that mislead judges in the russian collusion as to those searches. and it would be quite breathtaking if they knowingly used a pretext in order to look for january 6th material. i'm not assuming that to be the case. i'm assuming that this is what was represented, that they were trying to find classified material. but there's a lot about this raid that should be addressed by the attorney general. he doesn't have to reveal the details of the investigation, and i do think the trump family should be able to release a copy of this parent. it would tell us a great deal.

it has to be particularlized, it has to give a description of the scope and parameters of the search. that would be very helpful in understanding what has occurred here. >> sandra: a final final on that, what are you looking for next. we are waiting for updates from the justice department, david spunt is keeping us posted on any developments from there as i mentioned, the president expected to speak top of the hour. a white house briefing as well. what are you looking for next in these developments, jonathan? >> jonathan: well, i would be surprised if president biden discussed this search beyond most general reference. what i'm looking for is details of the communications after the 15 boxes were turned over to the archives and the raid. in the middle of that was a meeting with the archives. did they give specific references to documents, i mean. the portrayal in the media is that the trump people just told them to pound sand.

that would be rather surprising when you are dealing with an obviously hostile department with subpoena authority so. i'm most interested in what those communications involve. did they involve identified documents and what was the grounds for withholding them? >> sandra: jonathan turley, appreciate you joining us. it's been a long 24 hours for you. thank you very much, and we will certainly keep you close. >> jonathan: thank you. >> sandra: we have senator marsha blackburn, bret ware, chris swecker, and tom will join us, pick his brain as well. >> mike: fascinated to hear from the department of justice or the fbi for their reasoning for doing what they did, and here in washington, a political town, this is a primary day in a handful of states. we have midterms coming up and then 2024 around the corner. so lots of questions about all those different angles.

>> sandra: we are on it and will continue to be. meantime, new warnings about china's growing military might and not just over taiwan. the communist regime has a base in eastern africa. pentagon officials say china wants one in west africa, the atlantic coast. and how taiwan is responding, but jennifer griffin on china's influence in africa. what could the fallout be from speaker pelosi's china trip as tensions flare up here? >> speaker pelosi defended her trip to taiwan this morning on "the today show," but the fallout from the trip is far from certain. having caused china to lose face as president xi seeks to extend his rule to another term, possibly for life. seeking a second base in africa,

this time in west africa, accessing the atlantic ocean in equatorial guinea. they already have a naval base established in 2017 next to the u.s. air base in east africa, counter terrorism drone missions over east africa. >> the thing i think i'm most worried about is this military base on the atlantic coast. that is the first priority we need to prevent, deter the chinese base on the atlantic coast of africa. >> the warning about how china is militarizing the belt and road initiative came from the outgoing head of u.s.-africa command. his replacement spoke to fox news before a change of command ceremony at headquarters in germany. today marine general michael langley's first day on the job, he warned china may use the naval bases as strategic choke

points that could block global commerce. >> nefarious activity and coercion going on by the belt road initiative of the peoples republic of china. some countries see the bright shiny objects, we need to ensure the channels stay free. >> the belt and road initiative of course is the global infrastructure strategy that china is is your viewing. secretary of state antony blinken left south asia for africa where he is on a five-day tour to counter not just russia's influence, but also that of china. >> too often african nations have been treated as instruments of other nation's progress. told to pick a side in great power contests. united states will not dictate africa's choices. neither should anyone else. >> the foreign ministry says the u.s. has a cold war mentality

when it comes to africa, but it's not just africa has u.s. concerned. complained to israel that allowing a chinese company to run the haifa port is also an issue. mike. >> mike: sandra, southeast asia, taiwan is holding live fire artillery drills off the coast to test combat readiness. it comes after china held aggressive drills around the self-governing island in response to speaker nancy pelosi's visit to taipei last week. retired four star general jack keane joins us now. a fox news senior strategic analyst. general, great to have you. >> delighted to be here. >> mike: taiwan conducting live fire drills off the southeast coast in response to chinese aggression over the past week or

so. what's the level of concern at this stage? >> well, certainly there is concern here, given the provocation that president xi has undertaken here the last 4 or 5 days. the reality is, president xi's level of aggression and military intimidation and coercion over the last ten years have been accelerating every single year, year over year. and our general policy has been not to try to provoke him, to deter our speech, our rhetoric, to deter our actions in terms of who visits the island, and deter our actions at sea. the good thing is, we have kept our ships flying, our ships sailing and our airplanes flying in that area. by and large our policy has been not to provoke, and i think that policy has failed miserably because you can see this

aggression and likely more to come. so what should we be doing? i mean, quite frankly, we have got to strengthen taiwan's hand militarily and economically, and a bill in the senate to do that very thing and it has bipartisan support but we are hearing that the administration is pushing back on it once again not to provoke china. and that makes no sense whatsoever. the other thing is, we are pointing out that china outguns us and outmans us. more ships, more airplanes and more missiles and our military deterrence has depleted over 20 years. even though it may take moving some from the united states or some of them from some other areas in the world. after all, previous

administration right of center and this administration left of center have both come to the same conclusion, that china is our number one threat. we have to see that manifested also from a military perspective in terms of forced deployment. and we really have not done that in any consequential way. prudent actions to push back on president xi without escalating. provides deterrence for future action. >> mike: and hearing about a pivot to asia, when i covered the obama white house and it has not happened so far, interesting point you make, general. the pentagon says its assessment has not changed, they don't believe china will invade taiwan over the next two years. what if they're wrong? >> yeah, well, nobody knows, let's put that fact on the table here. and what most of us observers

believe is that president xi is likely going to do something sooner rather than later and the reason is because the head winds he has in his own country economically principally that he's facing and knows full well the united states is moving to dig it self out of the hole in terms of the advantage that china has over us in the region. at some point we are going to have parity again and that will give us a very favorable deterrence. so, that's an incentive for him to do something sooner. there is something on the horizon politically that may indeed deter him from doing something in the next two years, and that's the national election that takes place in taiwan in january of 2024. current administration, president xi, cannot succeed after two terms but her party, the dpp, if it wins again,

likely the same mantle pushing back against mainland china. and the kmt, opposing party, more consilatory. and president xi may wait to see before he takes the risk of conflict. and everybody talks about the conflict being the d-day type invasion. it's very significant for them and they are preparing for that because that's in their mind a worst case scenario, the most dangerous option, but i also think it's the less likely. much more likely is a replay of what we have seen the last few days, not just with firing and missiles, but to quarantine and blockade taiwan. isolated and cut it off from the world and then see what happens as a result of it. china has not fired a shot at anybody but to break that quarantine, taiwan, and the united states would likely have to fire a shot.

>> mike: general jack keane, thank you so much for your analysis on this very important issue. >> good talking to you, mike. >> sandra: what went into the raid, classified documents and whether some would could have ended up in florida. >> mike: and the democrat spending bill under scrutiny for strengthening the i.r.s. could it mean more raids for everyday americans. >> going after the rich and famous or the average person. >> i.r.s. needs to be smaller, not bigger. racked windshield? trust safelite. we'll replace your glass and recalibrate your vehicle's camera, so automatic emergency braking and lane departure warning work properly. don't wait--schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ in a recent clinical study,

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>> mike: top story, the fbi raiding mar-a-lago, the home of former president trump. efforts by the national archives

to retrieve relevant records sparking the federal investigation. senator marsha blackburn with reaction, plus fox team coverage. peter doocy has the latest reaction from the biden administration. but first, griff jenkins on the raid. what do we know about how we got here? >> that's the important question, really. the most aggressive law enforcement action ever taken against a former president. now, the answer to how we got here may lie in this months' long investigation that the justice department has been doing of the president's handling of records and whether or not he mishandled information that was classified. when you go to january, you see the records administration said they received 15 boxes from mar-a-lago of white house records, including some documents of the new retired national archivist said in a letter were marked as classified national security information

within the boxes. he also is saying they notified doj and were in communication at the time with former trump staffers for additional presidential records as required by the presidential records act of 1978. but eric trump says he was shocked because his father was cooperating. >> the purpose of the raid for what they said, because the national archives wanted to corroborate whether or not donald trump had any documents in his possession, and my father has worked so collaboratively with them for months. >> now it's unclear exactly what the fbi was looking for in the search and former acting attorney general matt whitaker says they could have gotten it in a much easier way. >> if they had particular things they were looking for, a somebody could have easily accomplished the exact same, you know, retention and grabbing of the documents that a search warrant could. >> and mike, the president --

former president's woes a little worse today because a u.s. court of appeals a few hours ago ruling the house ways and means committee can view former president trump's personal tax records. they expect to get the records very soon. >> mike: they have wanted those tax records from the former president, see where it goes. griff jenkins, thanks very much. sandra. >> sandra: top aides at the white house are telling fox they were not given advance notice about the fbi raid of his predecessor's home. peter doocy is live at the white house at this hour. we are anticipating a briefing happening a short time from now. also going to hear from the president 2:00 eastern time. so, what have we heard so far from the president's team today, peter? >> peter: they claim they had no hand in this. white house officials are telling us they had no information about the search warrant at mar-a-lago, the same

time the rest of us did, as it started to cross on the wires and on social media. only word so far from the white house is this, we did not have a notice of the reported action and would refer you to the justice department for additional information. doj remains silent. >> i will not do what this president does and use the justice department as my vehicle to insist that something happened. >> peter: republicans are dede -- demanding answers, and he says i am unaware of actual or alleged national security threat posed by any information, data or documents in the possession of former president trump.

president biden still has not said anything about this yet, but on her way to the white house today, speaker pelosi did. >> i don't really have too much to say except that to have a visit like that you need a warrant, to have a warrant you need justification, and no one is above the law, not even a presidential or former president of the united states. >> peter: and interesting to see the white house approach. usually we will hear the press secretary say they don't comment on pending investigations. they'll kick us to the doj. but white house officials talk about trump all the time. criticized his covid policy, came up with the ultra maga phrase to describe the republicans -- that thing is so loud. to describe republican policies, so it's going to be interesting to see how much they want to say about this later on today. >> sandra: all that landscaping equipment is just like right on

cue, the cameras go on -- you do a good job working through it. we'll be watching for the president to speak shortly. marsha blackburn, a member of the senate judiciary committee and she does not have lawn mowers and leaf blowers behind her. senator, thank you for being here. we saw the reaction last night from many in your party, very active in the social media space, tearing into the doj for the move. what is your thought as we wait to learn more on what led up to this raid at mar-a-lago? >> and sandra, what we need to hear is a response from doj and the fbi as to why they did this, why this timing, what they were looking for because it is unprecedented and if it is the presidential records act, didn't

go after obama, didn't do it to nixon, or bill clinton about the blue dress, didn't do it to hillary about her computer. there is a way that we as a government handle requests for information from a former president and going in with 100 fbi agents, 30 going into the house, refusing to allow president trump's lawyers into the house, this is unprecedented. and of course we want answers. i have called for our committee, judiciary committee to look into this, to investigate it, and you know, sandra, we had that hearing with christopher ray last week and had the opportunity to submit questions for response. finishing up between now and thursday, and i've been working on my list of qfrs to send in to ask. what did you know about this, when did you know about it, did you work with the white house,

did you work with merrick garland. why did you have to leave us so quickly and not take the second round of questions when you were before us? did you participate in planning this raid. i think that there are a lot of questions that we justifiably have and if the fbi can do this to president donald trump, they can do it to you and the american people know that. >> sandra: we are going to continue to wait for the white house response top of the hour. see what's said by the president in the briefing. we'll shortly follow. meantime, i got to ask you, senator, because you and i have had a lot of discussions about the american economy, what's happened over the past year and a half or so, and now there is big concerns with this new inflation reduction act, there's concerns about how much it will bring down inflation or at all, and concerns about the amount of irs funding and staffing and who that will eventually target.

a sampling when we asked voters where their concerns lie. listen. >> i think that's ridiculous. the irs needs to be smaller, not bigger. >> yes, i have a fear of being audited. >> like they will go after the small guy. >> my real concern is who are actually going to benefit and who is going to be the losers actually of this type of policy change? >> $80 billion is a lot to fund any one thing. >> sandra: fox business asked voters that question because we are hearing that many americans are worried that this $80 billion in funding from the inflation reduction act will land them in audits. do you share that concern? >> yeah. oh, absolutely i share that concern. and as i was out in tennessee counties yesterday, this is the number one thing that came up. what are they doing. people remember what happened in the obama years, where they weaponized the irs to go after

conservatives and conservative groups. and 87,000 agents when we can't put agents on the border, the national guard, u.s. military. people know it's about the priorities of the biden administration which is to go after all of your mom and pops, your small businesses, your middle income earners who are going to be audited out the wazoo. i mean, it is never going to stop because they want every penny, they want to monitor everything that you do, and control your life. and sandra, 87,000 agents, this is ridiculous because they are coming after each and every one of us. >> sandra: it is remarkable, and this after the president yesterday confessed that he doesn't even know the entirety of what is in this bill. it's hard to believe that's where we are. >> that's right, he didn't read it. >> sandra: squeeze it in here, a quick response out of it. this was the president about

this time yesterday speaking on the ground in kentucky. listen. >> number of things we got done in a bipartisan basis, like a billion, $200 million infrastructure project, like what we are doing today when we passed yesterday, taking care of everything from healthcare to god knows what else. >> sandra: god knows what else, whatever the far left wanted and the pork sinema and manchin needed, and rnc research put out as a result of the biden inflation scam, takes care of everything from healthcare to god knows what else. no word about inflation. it all goes back to that, right. the entire bill was named for bringing inflation down and prices down for the american people and by the white house's own estimate we are talking about maybe, maybe down the road a third of a percent drop inflation for the american people? that's not going to help out struggling americans. >> yeah, $313 billion in new

taxes, $369 billion green new deal, $64 billion for obamacare, 80 billion to more than double the irs so they have agents to spy on you. i would be very wary. this is going to drive up inflation. they know it's going to drive up inflation. but sandra, the thing to remember is simply this. it is all intentional. they keep saying the pain is necessary because we are going to transition to a different type of economy and they want to -- a socialist government put in place so they are controlling your life. irs agents are a part of that, going in and raiding president trump's home sends a message that they can do this to you because they have now done it to him, and all of these unprecedented actions make people very disturbed about the

future for their children and grandchildren. i tell you what, i am standing with president trump, i am ready to fight back on all of this, and i think that conservatives are going to have to grow some backbones, show up, vote, and vote a lot of these people out because these are not, these are not america first intentions. >> sandra: i have to leave it there. i want to continue that conversation and have you back soon, senator. good to see you. thank you very much. mike, a lot more coming up on that. larry kudlow will be joining us next hour as well, we'll dig into the inflation reduction act. he continues to dig through it, and he's got a lot to say on that. >> mike: you know he'll be passionate about it. all right, sandra. >> sandra: yeah, he will indeed, of course. >> mike: stunning moments leading up to the actress anne heche's fiery crash. seen speeding through the

streets seconds before crashing into a home. what we are learning about her condition. >> sandra: and rival golf leagues teeing off against each other, but not on the course. why three players are suing to play in both of them. >> they separated themselves and against us and basically treat us like, you know, the black cats of the world. ♪♪ whenever heartburn strikes get fast relief with tums. it's time to love food back. ♪ tum tum tum tum tums ♪

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>> mike: cost of living surging, folks are finding a new way to save money by buying fake engagement rings. fake ring trend gaining momentum for a few reasons. some say it symbolizes more than just a ring, or if a person says no or don't like it or the ring is lost, opponents of the trend say if you buy someone a real

ring and they don't like it, they are not the one and the purpose of an engagement ring is to symbolize the eternal commitment, so it should be real and my thought is if you are buying a fake ring, you are not that confident she's going to say yes. maybe she's not the one. thankfully i bought one engagement ring in my life, i am one for one, done. >> sandra: good for you, mike. it is a pretty big decision, you should kind of do your homework on whether or not you think the person is going to say yes before you even pop the question. i'm not going to take a side, iep not going to judge, you know. >> mike: fair, ok. >> sandra: may they live happily ever after. glad things worked out for you. the battle between liv golf and the pga tour heads to court. three golfers playing on the saudi-backed tour asking a federal judge to allow them to play in the pga playoffs starting on thursday. claudia is live outside the

federal courthouse in san jose, california and claudia, the outcome could determine whether pro golfers can play on both tours. a lot of interest in this. >> that is correct, sandra. right now players have to choose. either in the pga or out. and with a big pga tournament starting in two days, professional golfers who have joined the liv tour are hoping for a quick ruling here so that they can play in it. those golfers are taylor guchlt, hudson and matt jones, and after signing up with liv golf, lured by prize money and appearance fees many times higher than what the pga offers. they want a judge to issue a temporary restraining order so they can play in the fedex cup. the pga postseason starting in memphis the day after tomorrow. bylaws said members need participation to participate in

outside events a ban on tour players if they take part in liv golf. the three players say that's unfair, illegal and could cost millions in potential winnings and spots in tournaments next year. but the pga says allowing them to play this week would be disruption, compromise the tour and unfair to players who have followed the rules. it was teed up for a court battle. last week, 11 players, including phil mickelson, followed an antitrust lawsuit against the pga. that case could go on for years, today's hearing marks the first act in one of the biggest dramas playing out in american sport between the long standing and storied pga and up-start liv golf backed by saudi arabia. we could get a ruling today, and with the clock ticking ahead of the fedex cup, these three golfers are certainly hoping it happens. >> sandra: i tuned into some pga

golf this weekend and it looked very, very different, looking at that leader board these days. thank you so much, keep us posted. mike. >> mike: sandra, testimony resuming today in the trial of a man accused of murdering kristin smart. the 19-year-old cal poly freshman went missing in 1996 after a frat party. and the police investigator who questioned suspect paul flores twice in the days after her appearance. mark, welcome. >> thank you. >> mike: week three of this trial. you have this retired police investigator mike kennedy on the stand. what's your sense of the trial at this stage? >> well, this is a very unusual case. first and foremost, there's no body. bodies tell a tale and they don't have one. they could still prove the case, obviously, but allegations are that he sexual assaulted her. that becomes problematic without

having a medical examiner actually doing an autopsy on the body. that said, there are so many pieces of circumstantial evidence that seem to, when you arrange it as a picture, point to one conclusion, and that's guilt beyond a reasonable doubt. >> mike: people are being asked their memories about a frat party 26 years ago. that is a long time ago. how damaging is that for making this case? >> a huge problem. cases for the defense always get better with age like wine. so, if you want to be a prosecutor, you want to move that case along as quickly as you possibly can and get it to the jurors where people's memories are fresh. this is just the opposite. >> mike: kennedy, the investigator says paul flores both times he spoke with him denied knowing kristin smart. both the investigator and a friend of the suspect noticed a

shiner or a mark under his eye after kristin smart disappeared. what about that in the trial? >> you have several problems when it comes to the black eye. that indicates some type of struggle and that would be consistent with him being the person who did this to her. worse, he gave multiple explanations for the eye. i think he said he got it playing basketball, but a high school friend no he didn't, that's a lie. so now you've got some guilt. why is he lying about the black eye if it's so nefarious. >> mike: interesting. for the family, never a body recovered. do you think it is possible they will get justice in the murder of their daughter? >> first of all, i'm a father of three. you don't ever feel like there's any closure or justice even when a jury says the words that you want because there is appeals, you know, for years. that said, i think that the prosecutors have a decent case

without a body and it's bog to be very challenging for the defense to make reasonable doubt. >> mike: thank you for your time and analysis. have a wonderful day. >> my pleasure, you, too. >> sandra: all new at 2:00, backlash even from some democrats after the fbi executes a raid on former president trump's home in florida. what role could this play in the midterm elections and beyond. bret baier answers that question coming up. plus, chris swecker and tom dupry on the legality of the raid. and larry kudlow, the new tax and spend plan. we await the president and a briefing as "america reports" rolls into a brand-new hour. it's the all-new subway series menu! 12 irresistible new subs... like #6 the boss. pepperoni kicks it off with meatballs smothered in rich marinara. don't forget the fresh mozzarella.

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>> sandra: stunning image that ended a marriage and almost

ended a life. a doctor trying to diagnose his own illness says instead he discovered his wife was sick in the head. >> mike: he says her plot to destroy him was based on the red container. something so common you might have in your own home. that's coming up new. begin the hour with the unprecedented raid sparking strong reactions from all side. it's a fox news alert. >> what we need to hear is a response from doj and the fbi as to why they did this, why this timing, what they were looking for because it is unprecedented. >> sandra: republican senator marsha blackburn on this program slamming the history-making raid on president trump's mar-a-lago home. now the white house turn to weigh in or not when reporters are able to ask questions at the white house briefing, scheduled to happen later this hour. i'm sandra smith in new york,

and great to have you here, mike. >> great to have you here. >> agents scanned every single office seizing boxes and documents. we are also learning the raid is related to classified materials the former president allegedly brought to mar-a-lago after leaving the white house. >> sandra: the former president railing against the justice department calling it prosecutorial misconduct. >> mike: the white house said it had no head's up on the raid. the briefing set for more than a half hour, many say that president biden is weaponizing the justice department against his political opponents. >> sandra: bret baier on the fallout and what it could mean for midterm elections. and outrage among trump supporters. but first, david spunt. are we expected to hear from the department of justice today,

david? >> david: no, and that's really a surprise to a lot of people given the situation here involving a former president of the united states. this is an extraordinary circumstance. things are quiet today at the department of justice, which is ironic. where i am now is the building where these top decisions were made. we do know the raid and the search warrant used was to get into donald trump's home specifically to get classified information. he allegedly took, or his staff took from the white house to florida when he left office. this is not directly related to the january 6, 2021, investigation. this is something that happened a couple weeks later when he left office. fox news was told by a source that inside mar-a-lago, fbi agents looked in documents, safes, and without going through them on the property. a source said they were not being judicious about what they took. in february, sandra, the archivist of the united states

who is now retired, he wrote to congress to inform members the national archives was in contact with the former president's team, about 15 boxes that we found out a month before the trump team turned over to the national archives voluntarily. a few months later in june of this year, doj officials met with trump attorneys at mar-a-lago. the former president even stopped in so we know conversations are ongoing, but a source says the perceived lack of cooperation between that june meeting and yesterday is what led to the raid yesterday. we also know that merrick garland, attorney general, fbi director were well aware this would take place before it happened. we are told the secret service was given a head's up shortly before it happened. the former president was not at mar-a-lago. some other local officials were as well. nothing from the fbi director, from the department of justice, but the decision came from the

department of justice, the fbi falls under the umbrella of the doj. that's where it came from, sandra. >> sandra: very interesting. we'll get back to you as the news warrants. >> mike: jonathan is live outside mar-a-lago, protestors have been gathering where you are. what are they saying? >> jonathan: you can hear them honking the horns as they drive up and down the causeway. protestors gathering, by and large, mostly trump supporters and they are rallied by his claims that he is being unfairly targeted. in the hours following the fbi search of mar-a-lago, very little information coming from the feds and that has allowed the former president to control much of the narrative up to this point. late yesterday he issued a statement describing his home as under siege and said agents broke into his safe. the former president went on to say "this unannounced raid on my home was not necessary or

appropriate. it is prosecutorial misconduct, by radical left democrats who don't want me to run for president in 2024." these are themes that resonate with mr. trump's supporters. take a listen. >> they are afraid of donald trump, they don't want him to run, and they are going to do everything they can to keep him from running and this is just part of it, i believe. >> this is my home, i feel it's been raped, and no president has ever been treated like this. >> and trump supporters started gathering on this causeway overlooking mar-a-lago yesterday shortly after the former president announced that his property had been searched by the fbi. crowds a little bit smaller right now, but as people get off work, anything could happen. back to you, mike. >> mike: jonathan, live at mar-a-lago. many thanks. >> sandra: as we continue to hear the horns honking, bret

baier, anchor and executive editor of special report. thanks for stopping here first before we see your coverage tonight. first off, we just heard from lindsey graham, he spoke a few moments ago. play it for our viewers. >> the fbi when it comes to trump has lost a leg. listen, unending desire to destroy trump and his family is frustrating. president trump and i got started off kind of tough and i admired him as a president. i don't agree with everything he says or does, i've talked to him twice today, and i told him that, you know, there's legal systems in the country, avail yourself of it. make sure you show up and stop soft madness and we have a legal system in the country and we will get to the bottom of it like the mueller investigation. >> sandra: new video off the top, saying the fbi when it comes to trump has lost its way. your reaction to that and any

updates at this hour? >> he went on to tell reporters he talked to the former president about an hour ago and that he believes, this is lindsey graham, more than ever that the former president is going to run for president again in 2024, and if anything, this just firmed his resolve. i think a couple of things. one is there's a lot we don't know about this situation. we desperately need the search affidavit, the search -- the judge that signs off on the cause to launch this. what was the cause that the judge felt this was warranted. because it would have to be pretty high to get to this level and one would think inside the doj and the fbi that there would be a thought process about the political ramifications and the big picture here. if this is just looking at this classified material, it's going to have to be pretty firm. you have even former new york

governor andrew cuomo tweeting out today, doj must immediately explain the reason for its raid and must be more than a search for inconsequential archives or it will be viewed as a tactic, and i didn't even know you had that call-up, but that's how important i thought that tweet was to mention. >> mike: how important for the attorney general and the fbi director to say something, in terms of the court of public opinion, considering up to a half of the country is furious right about now. an ieng it's really important. burden is higher now for a former president, this is unprecedented, and when you look at the possibilities, they have to be able to make the case for a criminal prosecution. otherwise they risk looking very political. there are all kinds of pundits saying this is about the

handling of classified material to prevent donald trump from running again. if anything, firmed resolve to do that, and added to supporters. moderate republicans and republicans who maybe lost favor with donald trump, the tweeter and the person who like his policies who look at this and say this is an example of overreach of the u.s. government. and then you couple that with the addition of the irs that's in this bill of 87,000 irs agents and it's an easy pitch to make that you need to stop the expansion of this government is going where we don't know. >> sandra: a tweet was put out, imagine if biden and the democrats cared half as much about inflation or gas prices as they do investigating donald trump. a sense of where republicans are taking this right now. kevin mccarthy put out a tweet that's getting a lot of

attention, calling for an immediate probe should they flip the house in november. he said he's seen enough. and says when republicans take back the house we'll conduct immediate oversight of this department, follow the act and leave no stone unturned. attorney general garland preserve your documents and clear your calendar. very firm warning coming from leader mccarthy there. >> and i think republicans are serious, and look positioned to take over the house, senate less so but maybe. and in november. i think on the flip side that supporters of this move say there has to be something else big there that this is leading to and the cause may be the classified documents but maybe they are searching for something else that they think they have. that's all speculation, and we can't get down that road without the facts and we'll stick to facts here. here is a fact. this politically is a bombshell and it is going to fire up both

sides and it will divide the country even further than it already is. >> sandra: bret baier on that, thank you very much. see you throughout the day, coverage here on the fox news channel. and tonight special report at 6:00 p.m. >> mike: developing now, a story under the radar a bit today, appeals court in washington ruling that house lawmakers can have access to former president trump's tax returns from the irs. the house ways and means committee reporting it expects to receive them immediately. of course, mr. trump and his lawyers have argued for years against releasing his returns and they can still appeal today's ruling. sandra. >> sandra: thank you, mike. ted cruz is warning an expansion of the irs could shrink your right. he's tweeting the fbi raiding donald trump is unprecedented, it is corrupt, and an abuse of power. what nixon tried to do, biden has now implemented. biden administration has totally weaponized doj and fbi to target

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>> mike: democrats are set to hand the irs 80 billion more dollars as part of their massive spending bill. they say it's to crack down on rich individuals and corporations trying to evade taxes, but some americans say they fear the irs will use the funding to go after the little guy. >> i think that's ridiculous. the irs needs to be smaller, not bigger. >> they are going after the rich and famous or going after the average person.

>> that would be my concern is that the lower income people are losing out on this policy change. >> larry kudlow joins us in a moment, but begin with congressional correspondent aishah hasnie live on capitol hill. aishah, history why people are so anxious, right? >> that's right, mike, and the taxpayers i've been talking to say they hope there is going to be plenty of congressional oversight along with this big fat check because historically there are reasons why they would be worried. for example, according to a recent analysis by syracuse university, the irs audits the poor about five times more than everybody else, and in 2019, pro publica revealed the top five places for audits were black rural counties in the deep south. why is this happening? budget cuts over the years caused the agency to lose their

most experienced auditors who could go after the uber wealthy. >> auditing the working poor is much easier than auditing the affluent or the wealthy. it takes many more resources and time, and so the audits are not just way, way down for the rich and for corporations, but they are thinner, less good. >> now, back in 2019, the irs commissioner called on congress to increase irs funding to help it fix the imbalance but taxpayers we have been talking to have mixed opinions whether it's going to happen. >> that does not seem right, if people are getting an inordinate amount of investigation. >> i would hope to see that shift. >> the record of nine irs as an institution is one that should not lead us to think that this money is going to be dealt with responsibly. >> some doubts out there.

republicans now using the raid on former president trump's home in mar-a-lago to warn folks about this. and one tweets wake up, fbi is using joe biden to go after, and double the size of the irs to come after you for more of your hard-earned paycheck. now, the irs commissioner has said to congress that they do not intend on going after the middle class workers or small businesses, but again, americans are a little nervous. mike. >> mike: no doubt about it. sandra. >> sandra: larry kudlow now, host of fox business, you are going to be watching your world today 4:00, i'm anchoring for my friend neil. >> oh, no, no. >> sandra: always great to have you here. if only the audience could have heard the running commentary coming from you while she was delivering that report. what's your big beef, what's the

problem? >> larry: you can start with the irs. irs is the biggest winner in this ridiculous, pathetic, schumer-manchin bill, the worst bill i've ever seen. it will not cut inflation, will not promote growth, will not lower deficits, will not lower debt and will not, by the way, reduce the global warming temperatures either. none of the above. models, used the u.n. model. this is the bill where the biggest winners are the huge bureaucracies, i call the deep state, epa is a big winner, refunded to go after fossil fuels, irs is a big winner, double the agents to go after small businesses, uber drivers, waitresses, pretty much everybody you can imagine. >> sandra: the very people the administration says they are out to help the most. >> larry: here is the thing. nobody understands the tax code. americans don't cheat. the radical left wing democrats think americans cheat. you can't get wealthy without

cheating, they hate capitalism, they are socialists. the reality is nobody understands the tax code because it's so complex, ok. line up ten accountants, tax accountants and all give you different interpretations. that's the problem. and by the way, this manchin-schumer bill, more tax credits, deductions, no one will understand the stuff. >> sandra: sounds easy. >> larry: you are seeing the same thing, you are seeing the same thing, the deep state and the justice and the fbi, what they have done with trump and this raid on mar-a-lago is an absolute outrage, politically inspired in my judgment, no reason they would not have had a continuation of the discussions with the national archives, going on for quite some time, maybe a somebody, trump was not even there, a point that they made, fabulous point. they want to stop him from running for president because if

he does run for president and he's already laying out terrific speeches which is giving the republican party a platform for the midterms and for 24 to restore his economic policies that succeeded, his border policies that succeeded, his crime policies that succeeded and his foreign policy. biden has undone everything trump did with disastrous consequences so now they are trying to undo trump, stop him from running. the irs, the epa, the healthcare -- all -- >> sandra: similarly, senator lindsey graham just weighed in on all of this a few moments ago. we played out some of it at the top of the hour. we just cut some of what he said, specifically on the irs, to your point, graham a few minutes ago. >> i couldn't believe the risk, talking about expanding the irs two and a half times.

enough new irs agents to fill a stadium. so when you go to the football game this fall, just imagine everybody to your right and left being irs agents. look at how it changes the bar. 78,000 current employees are going to have 87 new ones in the next ten years. i wonder what they'll be up to. if you think that federal government is out of control now, god help us when you get 87,000 new irs agents who are looking under every rock and stone to get money out of your pocket. this is bigger than the british army. so, my belief is we probably need a bigger british army and smaller irs. >> sandra: god help us says lindsey graham on the irs expansion. saying i could not believe it when i read it. >> larry: lindsey is on a role, he has it right. they will go after conservative groups, remember lois learner years back, go after

conservative groups because the union that runs the irs gives, what is it, 95, 97% of its money to democratic candidates. they will all enroll in that union. a terrible left wing bias. this is what newt gingrinch calls big government socialism, expansion of big government socialism, through the regulatory state, and look at, just as a matter of common sense, we have a big inflation problem and we have big recession threat. this bill coming back to the bill does nothing to solve the inflation problem, sending 7, $800 billion. >> sandra: will it bring down inflation at all? >> larry: i don't see why or how. we'll have an inflation problem for quite some time, probably several years. we are going to spend more. look, if you add the chips plus bill, close to $300 billion, plus this bill, which is close

to $700 billion, that's a trillion dollars in federal spending. now look at. i thought there was a consensus in washington that overspending caused the inflation or contributed heavily to the inflation. now, all of a sudden we have forgotten about that and passed two big spending bills, a big tax bill, and this bureaucratic regulatory socialist state bill that has the epa and the irs and the healthcare controls. there's no -- sandra, there's no free market entrepreneurship or capitalism left. you should be in a situation, congress should want to promote economic growth in a recession. >> sandra: amen. >> larry: they don't have a single particle that will do so. >> sandra: your buddy, i say that in jest, paul krugman is

asking did the democrats save civilization, a huge step in the right direction and more action in the years ahead, progress and green technology, economic benefits will make passing additional legislation easier, a global effort to limit greenhouse gas emissions. he's asking the questions rather than saying it in the headlines. he had to confess how wrong he got inflation. >> larry: yes, he was. yes, he was. there has to be some science in there someplace. so bjorn lomborg, established climate scientist, went back and looked at the numbers, the u.n. model predicting global change and warming, no impact, 0, none. and all the subsidies and tax credits and government checks and picking winners and losers to various forms of the environmental community,

salindra, to the 100th power, went bankruptcy. >> not one good thing in the bill. thank you for joining us. see you at 4:00. mike. >> mike: live to the east room of the white house where president biden is signing ratification documents for finland and sweden joining nato. so far the president when he made remarks did not make any comments about the mar-a-lago raid. he stuck to the script, talking about two new members of nato after that being ratified by the united states congress, and now signed by the president of the united states. that in the east room of the white house and cheers all around about this aspect, finland and sweden joining nato. biden administration says they had no head's up the raid at mar-a-lago was happening, but there is a good chance it will come up in the briefing this afternoon. >> sandra: that's a live look at

the white house there, and we'll head to the briefing room in just a bit when that gets underway, and see what questions will be fired off from reporters there. protestors on the ground outside there in new york city outside of trump tower, we have seen them outside of mar-a-lago, as they are demanding answers over what they call the politization and weaponization in the country. we'll be right back. i'd like to thank our sponsor liberty mutual. they customize your car insurance, so you only pay for what you need. contestants ready? go! only pay for what you need. jingle: liberty. liberty. liberty. liberty. ...by friday. now let's head over to the tower cam for a - hey!

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>> sandra: we are awaiting a briefing at the white house, reporters will get their chance to ask questions about the fbi raid on mar-a-lago. >> mike: this as a white house source tells fox news the president's team did not have advance notice. >> sandra: fox team coverage begins new, david lee miller is live in midtown manhattan. >> mike: jacqui heinrich at the

white house. the president has not said anything about the raid. >> jacqui: he did not answer or open up to questions about this event or earlier bill signing, but the briefing a short while from now, we do expect questions. so far the white house is not giving us much except countering claims the raid had political motivations by saying no one in the biden administration had a head's up it would be happening. and they say merrick garland was aware of the raid but unclear who gave the sign-off. and that garland would restore the integrity of the doj. >> there's no more important place for us to do this work than the department of justice has been so politicized. there's no more important people to carry out this work than the people i'm announcing today. >> jacqui: the fbi director who

trump appointed in 2017 was aware of the raid and carried out by d.c.-based fbi agents. but sounding off about a double standard. senator josh hawley demanding garland resign or impeached, and that the fbi director be removed. and hunter biden not being subject to the same treatment as trump, the top republican on the intelligence committee demanded the fbi brief lawmakers saying i'm unaware of actual or alleged national security threat posed by information, data or documents in the possession of former president trump. congress deserves immediate answers from you as to the actions you ordered. that letter directed to ray from congressman mike turner. the probe began, discussions between the trump team and the government over classified material trump allegedly brought to his private home after his presidency concluded. and after a june meeting the talks broke down and the doj and fbi felt they were not getting

the same cooperation they were getting before, prompting a request for a search warrant. trump call it an attack by the radical left democrats who do not want him to run again in 2024. >> mike: see what the white house has to say in the briefing. sandra. >> sandra: david lee miller outside trump tower here in new york city. the former president was at trump tower when he heard about the raid. what is happening there now? >> sandra, despite the controversy, only a handful of demonstrators outside trump tower. some have condemned the president, others have supported him. meanwhile, as for mr. trump, he left here last night, made his way to his golf course, golf club, i should say in new jersey, and he was here, he received a phone call from his son eric who told him what was happening at mar-a-lago. mr. trump put out a lengthy

statement, reads in part, it is prosecutorial misconduct. this morning mr. trump posted a campaign style video online, he talks about how law enforcement is wrongly used to go after a political party. his daughter in law, lara trump, said the use of a search warrant was not necessary. >> i have spoken to my father-in-law and i got to tell you, you know, he's as shocked as anybody. everybody has been cooperating, everybody from my father-in-law's team has been cooperating with the fbi with any authority that asks for anything up until now and there was no need to make such a big scene. >> among the high profile republicans criticizing the raise is kevin mccarthy, and a tweet he said in part, when republicans can take back the house, we will conduct immediate oversight of this department,

follow the facts and leave no stone unturned. and also speaking out perhaps somewhat surprisingly, a democrat disgraced former governor of new york state, andrew cuomo in a tweet calls on the doj to explain the reason for the raid, warning it must be more than what he called a search for in consequential archives. going to be viewed as a political tactic that he says could undermine of ongoing and future investigations. sandra, back to you. >> sandra: david lee miller outside trump tower in new york city. thank you. >> mike: bring in chris swecker, former assistant fbi director and tom, former assistant attorney general. welcome. tom, start with the clip from professor jonathan turley, fox news contributor last hour on this program. >> it's fairly common for former presidents to have disagreements as to what material can be

removed when they finish their term in office. we've obviously never seen this type of escalation and i think that congress is going to look at that of how we went to 0 to 60 in such a short period of time. >> mike: your assessment of the raid and where do investigators go from here. >> what happened yesterday has no precedent in american history. idea of searching the home of a former president looking for documents, again, never happened before in our nation's history. i think the justice is going to have to explain what justfies this extraordinary law enforcement action. this is the sort of raid that you would execute on drug dealers and drug kingpins and that sort of thing, not on former presidents. i don't understand how they went from a world in which they were negotiating, neighbor there would be a somebody, to a world they are coming in at 10:00 a.m. and raiding the house. it's extraordinary, and i suspect there is a very significant interesting back

story going on here. >> mike: chris, what about that point, the need for the feds to make a case to the american people. not just a high profile american, it is a former president of the united states and potentially a future president of the united states. >> yeah, they are going to have to do that. the fbi and the department of justice are invested with awesome powers. very in trues sieve fewers -- intrusive powers. and i would contend -- i spent 24 years in the fbi, head of the criminal division and the cyber division, you would have to consider the seriousness of the offense and the impact on the public confidence. two things listed in the dialogue, investigative operations guidelines. and in this case you failed both tests. the offense was not serious and

the effect on public confidence, impact on people who you need their cooperation, you know, 50% of the american public doesn't think the fbi does the right thing now. they think that they are a political organization. so this has undermined the public confidence in the fbi. it was a very dimimious defense, and they could have gone in with three cars and closed the gate quietly. instead, 30 agents, sirens, lights blaring, kited out officers with ak-47s outside. fanfare and the show was unnecessary. the whole operation was unnecessary. >> mike: i'm sorry, our time is short, a lot of breaking news today. but we look forward to having you back some time soon. >> thank you. >> sandra: mike, thank you. president biden just a few moments ago at that signing at the white house, he is ignoring questions that were shouted at

him by reporters in the room about this raid at mar-a-lago. he did not answer, but here is the moment. >> president biden, what did attorney general garland tell you about the trump raid? do you approve of the fbi trump raid, president biden? >> sandra: ok, so he did not answer any of those questions from reporters but now reporters will get their shot at asking the white house press secretary, karine jean-pierre will be leading a press briefing. it was scheduled for 2:40 eastern time, just a few minutes ago. so perhaps we will see her enter that room shortly to see where the white house stands on this at this hour. also want to just ask that mitch mcconnell, he is touring flood damage in kentucky right now. he was asked a reporter question about the fbi raid at mar-a-lago while he was speaking there. he responded, i'm here to talk about the flood and the recovery from the flood.

so still have not heard from mitch mcconnell either. we will await the white house briefing. a california doctor put behind bars after her husband handed over this picture to police. what he says the couple's nanny camera caught her doing right there. >> mike: new video from hours before actress anne heche's horrific crash and new reaction from her best friend about her drinking. breakthrough heartburn... means your heartburn treatment is broken. try zegerid otc. it contains the leading medicine to treat frequent heartburn, uniquely designed for absorption. get all day, all night relief with zegerid otc.

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>> mike: anne heche's best friend doubling down on her denial the actress drank in a podcast hours before the fiery crash. the video in from outside the southern california hospital where heche is fighting for life. >> you guys talk about drink n on your podcast, you prevent her from getting behind the wheel? >> we recorded that podcast on tuesday. >> on tuesday. >> did not see her that day. >> i did not see her that day. >> ok, all right. i mean -- have you -- did you see this coming as far as her, you know, drinking goes? the report that she was drinking, any comments? >> mike: and chilling new video obtained by tmz shows heche's

blue mini cooper nearly hitting a pedestrian before the crash. jonathan hunt is live in los angeles. what are we learning about her condition? >> jonathan: she is in extreme critical condition, and that is a shock, previously described as stable by one of her own representatives. but now after friday's crash in which heche somehow drove her car into that house sparking a fire that destroyed the home and heche's car and left the actress with severe burns, a different representative says "she has a significant pulmonary injury requiring mechanical inhalation and she is in a coma and not regained consciousness since shortly after the accident." she was seen on a stretcher on friday and did appear to be moving at that point.

the accident, by the way, happened just before 11:00 a.m., and less than 30 minutes earlier, according to the owner of a hair salon a couple miles away from where the crash happened, heche had been in his salon buying a red wig. he posted a photo with her on instagram and later told the l.a. times she did not appear to be intoxicated. but the lapd tells us they got a warrant after the crash to draw blood from heche and are awaiting results of those tests. police investigation looking into potential hit-and-run and dui charges. the woman who was in the home that heche crashed into, by the way, was unhurt but is very lucky to be alive, according to witnesses and friends. she is in shock, those friends say, and she lost everything in that fire. mike. >> mike: devastating story. jonathan hunt live in los angeles. thanks very much. sandra. >> sandra: thank you, mike.

a doctor in california says his wife tried to poison him and that he caught her in the act. he says these pictures are from a hidden nanny cam that he set up, showing his wife, also a doctor, spiking his lemonade with draino. bring in a criminal defense attorney, the story, hard to believe. grabbed my eye when i saw it. they live in a $2.5 million mansion in irving, the husband had been suffering from an unexplained ailment a month, 53 years old. i guess he had suspicions something was going on, set up a nanny cam and got the pictures that we are now showing to our viewers of her pouring draino in his hot lemonade. >> yeah, allegedly pouring draino. when it comes to divorce, sometimes things that quack like ducks and walk like ducks are not actually ducks. and there are a few things that

are really glaringly odd about this case. first and foremost, as you mentioned, we have two doctors here, so one doctor suspects his doctor spouse of poisoning him. so what does he do? sets up a nanny cam to be poisoned on camera. that makes no sense to me. if he thought was wife was poisoning him, he could set it up if he wants to entrap her. but instead of drinking a poison drink, you collect it, you take it to a lab, you get it tested. you don't basically set yourself up to be murdered in order to prove a point. that's a very glaring, very glaring oddity to me. and he says she treated him badly and called him names. is he trying to gain advantage in a divorce and making horrible

allegations. if that's the case, somebody is going to be in trouble, and not her, but him. >> sandra: pictures of something in pouring the draino in the cup he drank from. and he had chemical tastes in his mouth, the husband's attorney said this so "new york post," first started noticing something was wrong in march or april and further testing done, had pretty significant symptoms. equate the chemical taste to the symptoms he was experiencing. the doctor wife completely denies all of this. absolutely and unequivocally denies trying to poison her husband or anyone else. the only response, is he is trying to get a leg up in the divorce, consider the fact he filed for divorce and he wants to get any advantage he has. this is a very common scenario in my law practice of more than 33 years. the irving police issued a

statement as well, saying we brief it's a domestic-related incident. nothing we discovered that could cause concern for patients you treated, oh, by the way, you would want to know if it's a doctor treating you trying to kill her husband with >> yeah, whether shes guilty or not, she's not practicing medicine for a long time. that's another way that perhaps her husband is trying to gain an advantage. this is really sad. there's a big distinction of concocting ed and collecting it. we saw that in the amber heard case and serious to see how this plays out. i'm not buying these pictures, not just yet. >> sandra: more to this story says donna. thanks for joining us. >> thanks, sandra. >> sandra: quite a story indeed. okay. so a live look at the white house. we're awaiting the briefing. we are told now that it's been pushed back a few minutes

originally scheduled for 2:40. set for 3:05 eastern time. big questions for the white house. of course as well for the doj at this hour about that raid on mar-a-largo. >> i've been in the room when you have big news days like this and reporters want answers. the press secretary has something to say. we'll see what the karine jean-pierre has the say when it's 3:05. wisconsin voters are heading to the polls today. tim michaels is up against clay fish, pitting donald trump against mike pence. grady trimble has more. how are the candidates spending election day? >> mike, both candidates started getting out the vote first thing this morning because they know this race is going to come down to the wire. tim michaels is a construction

company executive and never held a possession in elected office before. he's former president trump's topic. trump attacked his opponent at a rally friday night calling her a political insider. that opponent is rebecca clayfish. she served with governor scott walker, both me and former vice president mike pence have endorsed her. clayfish says her career in politics and her resume are the reason she's the right choice. but michaels says voters are ready for an outsider. >> people understand that we need to have less professional politicians, less career politicians in government. >> i'm proud of what i have accomplished in office. and i do have experience. it makes me the only one that can do this outwithout training wheels. >> i asked tim michaels about the fbi raid on former president trump's home yesterday.

he called it scary and concerning. when i talk to voters, they told me their minds are pretty much made up already, mike. the raid won't sway them one way or the other. >> interesting, grady. mid-terms, turnout is a big issue. is there a lot of buzz? people turning out there and have you heard about good numbers around the state? >> i have to say, i was surprised when we pulled up to this polling place in waukesha, the suburbs of milwaukee. i saw a steady stream of people coming in. we've seen that since we arrived here. so i would say so far turnout is good, but when i've talked to the voters, i've gotten mixed responses in terms of who they're voting for in this governor's race. so it will be neck and neck until the very end sounds like. >> martha: grady trimble live in wisconsin. thanks very much. sandra? >> sandra: fox news alert here. this just in. an a.p. news alert on the albuquerque police arresting the

primary suspect we're told in the killings of the four muslim men. the killings of these men have shaken new mexico's largest city, albuquerque. the community there has been in complete alert over these ambush style shootings of four muslim men. it's alarmed the city, triggered warnings on how police investigate how these shootings could be linked. the primary susrespect haas been arrested in those four men. we'll likely learn more in the days to come. the men, 62 years old, 27, 41 and 25. all muslims and south asian descent. this is according to albuquerque please. that community last been rattled to the core over those killings, mike. >> we're expecting a white house briefing any moment now. lots of questions expected about

the raid of president trump's home, mar-a-largo, in palm beach yesterday, as a matter of fact. so we'll see what karine jean-pierre has to say when she briefs reporters in minutes likely during martha's show. >> sandra: mike, great to be with you. see you tomorrow. thanks so much for joining us. i'm sandra smith. >> and i'm mike emanuel. "the story" starts right now. >> martha: indeed it does. thank you very much, mike and sandra. good afternoon, everybody. i'm martha maccallum. as you just heard, we expect a live briefing to get underway from the white house for the first time since the raid on the former president's home, mar-a-largo. we expect there will be some pretty intense questioning about what the white house knew or did not know about what was going on under the auspices of the leadership of christopher wray, the director of the fbi that was also on the hot speed earlier this week about the hunter biden investigation. right now the former president is in