congress didn't hurt trump with subpoena power, why would anyone believe shean has a better chane of hurting him after she's out of congress? that is it for us tonight. remember, it is america now and forever, greg gutfeld is next. ♪ ♪ >> todd: a fox news alert, all eyes on a judge expected to rule today. another judge with an affidavit with a raid on president trump's home. a big day in the sunshine state. you are watching "fox & friends first" on a thursday morning, i'm todd piro. >> carley: carley shimkus, the media outlet to see the documents the original search warrant and the justice department with operation that sent shock waves across the nation. but some say there is a reason biden officials want to keep it

private. >> i think if we were to see those search warrants, those underlying affidavits unveiled, we would find something disturbing here and i'm guessing but my guess is based on the years of the russia hoax and all the other hoax with the doj and fbi. once you have the lawful search warrant and you gather material personally with the law enforcement, you can use those materials even if nothing to do with the underlying crime. >> todd: in covering the top stories, brooke, good morning. >> we are hours away from the hearing whether to unseal the affidavit and other materials used to green light the search r president trump's mar-a-lago home. keep in mind the judge providing approve the fbi search warrant to execute that raid. the department of justice opposes the release of the affidavit and compromising the investigation into trump. by calling the department's bluff saying they are putting up red tape to hide his politically motivated search.

the trump family is confident the document will show the former president had nothing to hide, listen. >> that is why you heard my father-in-law said we want it released him full and complete transparency for the american people. >> meanwhile the former president will be using the situation to his advantage to make the highly anticipated announcement about 2024 white house bid. "the wall street journal" op-ed precedes a political perfect pen to help him to a second term and he would be more unrestrained as the 47th president and he was the 45th. the article goes on to suggest a trump appointed the attorney general could raid the homes of president biden, former president obama and hillary clinton. now, reports the fbi had its eyes on documents from the early days of the trump administration sending two high-level officials to "agents went into trump's residence on seeking all

government documents but the true target was the private stash which the justice department feared that donald trump might weaponize." the hearings at 1:00 p.m. eastern and told fox news trump will not attend, guys. >> carley: brooke singman live, thank you so much. let's bring in jonathan fahey a federal prosecutor. a good morning to you, the doj is argument against unsealing the affidavit. president trump is saying release it to the public. i've got nothing to hide it. what do you think is going to happen here? >> you know, it is really an interesting situation because if you look at the department of justice, you know last week merrick garland wanting to be transparent here and releasing this information. the irony is there is a suggestion president trump can be trusted with these sensitive documents. yet, the people have been leaking to the media and leaking

jury materials and leaking part of the seal documents. it is ironic the people investigating this case with the most sensitive information in the most sensitive case are sharing that with the media. you know, it will be interesting to see how it plays out because, you know, again, there are the two balancing things the court will look at the pier at the public sort of right to know what is going on in the court system and this is heightened ie case with so much publicity plus the need to protect ongoing investigation. i suspect the judge will probably error on the side of going with the government's argument. but i hope or i would suspect he would push back somewhat on the leaks and some other things. it really isn't fair. if it should be sealed, it should be sealed and nobody to talk about it appearance but when you mentioned that we can turley in this case, take a listen. >> the attorney general went weeks before he signed up on the

application. when they got the warrant they waited a whole week and before they executed it. yet, we have these leaks coming out almost regularly every two days. speak with the department of justice says we need absolute s. it is leaking to the media sources. it is leaking this information and framing and maintaining how the case is being viewed. >> todd: jonathan, what i keep coming back from the real perspective, from the lawyer, the associate perspective, why can't they redact the means here? all it takes is a young associate or young low level doj staffer with white out tech. >> that is a really good point. in my experience dealing with search warrants and things of that nature, they don't have the names to begin with. if there are witnesses to report in the search warrant, they are referred to cs 1 confidential source number one, things like that. my guess is there are not names

in there. they would say their concern is, well, the description of the source, they can tell who they are. but you know, it really is, you know, problematic and what jonathan turley was talking about make sense. you can use the media to frame this narrative exactly the way you want. if you look at as we explore the first one from a week ago, they were basically saying this merrick garland really had nothing to do with this. this was just bureaucrats conducting this. he was off doing whatever he does is apparently more important. and then the next day he had to come out and admit he did sign off on it. i think it is problematic. the leaks are the problem because this thing should be tight as a drum, and it is not. >> carley: reporting two high-level u.s. intelligence officials who say the fbi raided mar-a-lago specifically intended

to recover donald trump's personal stash of hidden documents. what they are saying is they went under the pretext of getting documents for the presidential records archives. they ultimately wound it up interested in the personal stash private documents of the doj feared trump might weaponize down the road. what is your read on that? >> yeah, that could make sense. again, if they are going in there searching a presidents home under pretext looking for one thing but looking for something else, again, that is problematic and will undermine the department of justice. that would make sense and it is hard to hear these leaks, on one hand, you don't want to lick them because you don't know what the motivations are, but it does make sense that maybe there is this other motivation to do that. >> carley: jonathan, really quickly, you think this

investigation should be airtight and the american public should not know what is going on right now. this is unprecedented raid on a former president's home. shouldn't we know why? >> i'm not saying that the public shouldn't know. i'm saying the inconsistency whether the department of justice position saying "we can't unseal the documents but on the side we can be talking to "newsweek" and things like that." if they want to be transparent, they should be transparent and if there is a need for safety, transparency or other reasons, that they are the ones to have the closest hold on their information and not leak to the press. as a general manner, the public should know what is going on in the courts, particularly a heightened level of public interest and really the public needs to know. but then again, the department of justice needs to be consistent. either they are talking or they should be sealed.

>> todd: there is the specter of this judge in this case who has a lot of apparent conflicts who probably should have recused himself. allowed to impact and a big day ahead of us. we will see pure jonathan, crisis at the southern border getting worse and worse by the moment. we are learning migrant encounters pass to millions this fiscal year, another all-time record appear this has to be painful as the former i.c.e. director to see all of your efforts more or less undone by the biden administration. then this video that is coming out that is absolutely mind-blowing. it shows a literally agents opening the door that have been sealed and locked by the texas authorities. these migrants are allowing them to basically come in the country. how can they say the border is secure when literally, literally opening the door to migrants? >> yeah, that is the best metaphor for this whole situation. the state is trying to put a

stop to illegal immigration, force a law that is a federal law and the federal government is obstructing their efforts to stop illegal immigration. it really says it all. that is what the administration has done this entire time. everything is to encourage more and more illegal immigration, and they have obstructed, they have intimidated anyone who stands in their way. and this is probably the biggest success of this administration is this open border policy. you know, this is what they wanted to happen and there are 2 million encounters plus five or 600,000 got a ways. that is going to get as close to 3 million people by the end of the year. over a four-year term, we are looking to 10 million people or 12 million people. they have done nothing to prevent it in every policy, every statement made designed to encourage more and more illegal immigration. >> carley: jonathan, why would

border patrol open a locked gate? >> they were probably told to. i'm sure the agents on the ground certainly don't want to. but there is this fight between and it may just be a manifestation of a fight between governor abbott and the federal government because all he's been doing to bus the migrants and expose the hypocrisy in this issue. so it may be that they are pushing back on governor abbott. but again the agents on the ground certainly don't want to be doing it. probably sagging, we are in charge and you will not stop this. and they will bring in the migrants. >> todd: former cia director michael said he agrees with a journalist wheat that says "never come across a political force or dangerous contemptible in today's republicans, nothing close." your reaction to inflammatory rhetoric someone at the top of our intelligence.

>> it is pretty amazing, but what he said it is what so many of them think. so we set it out loud or set it by a tweet. but some of them have so much contempt for the american public particularly the middle class. these are the people that send our sons and daughters to die in these war-torn wars. like you were talking about, they don't do anything to protect the southern border. they get angry when anyone questions their wisdom on these issues. and it really is disgraceful that people like that, they become famous and i think cnn personality. somewhat of an oxymoron, but based on all that they have done as supposedly public servants, and they have contempt for the public they supposedly serve. but it does say a lot for the establishment, the government establishment, the media

establishment what they think of the american people. it really is disgraceful. he said it but a lot of them are thinking it. >> carley: he essentially said the average republican is more dangerous than al qaeda, which raises a lot of questions about the intel community being partisan on going theme of the morning. >> todd: and not focused on al qaeda, which is only the domain think they should be focused on. >> carley: john, thank you so much. >> thank you. >> carley: gorge gas with failed policies not to blame for crime in the city and believed to support the movement to remove him from power. >> todd: ashley strohmier $2 mark, ashley. >> nearly 98% of l.a. prosecutors in favor of recall and two days over failed to get enough signatures for the proposal to be put on the ballot, take a listen. >> a lot of people reached out

to me. if they had not responded, there would be harassment in the workplace. >> they were bullied into voting? >> i have to tell you, some people say this much. speak with those claims are getting pushed back with one deputy district attorney sagging it is completely false and failing to get gascon out of office. >> i've been fighting him since december 7th, 2020 since he took office. i think people throughout the country need to realize george gascon approval rating 29% because we didn't get the signatures verified doesn't mean that george gascon won, and it doesn't mean people support is rogue and radical policies. >> according to the los angeles crime stats from a crime 11%, robbery 20%, and burglary and motor vehicle theft more than 15%.

>> there are people they feel they are on state. and i think a sign of being a good person is to continue to evolve and to learn. speak with the family of slain police officer joseph santana blames gascon for their son's death after shop by career criml for a prior gun charge. >> he just needs to get out of office. we need to get someone who is going to care and do right by the community. do write for the people. how many more lives do we have to lose for something to be done? >> he doesn't care. the idea is insane. >> carley: recall organizers need 70,000 valid signatures. 200,000 leaving them short with only 520,000 signatures, back to you guys. >> carley: ashley, back to you

guys. surveillance video shows a gas station shoot out in florida beginning with a fist fight between a group of people sunday morning. officials are charging one of the men involved with battery for allegedly initiating the shooting after attacking a man and his wife you're the couple charged by the police then followed the group back to their truck to continue the brawl. the sheriff's office at of the attacker was injured in the shooting before fleeing the scene. families in portland forced to sell their homes after a growing number of homeless are right outside of their doors. the residents in the area are scared to leave their homes because of the nearby encampment filled with drug users and others suffering from untreated mental illness. a realtor in the areas sagging, "you can drive through north portland and you are in this lovely area where there is no issues. then you can turn around the corner and have homeless camps there. i've been doing this for ten years in portland, and it's changed quite a bit." >> todd: a man in

new york city charged with attempted murder after caught on camera with an unprovoked attack. look at this, full of the victim out of a restaurant in the bronx, put on a pair of work gloves and punched the victim in the head appear at the attacker goes back inside the restaurant to finish his meal. law enforcement found the victim on the ground unconscious and unresponsive before being rushed to the hospital for a fractured school and bring leak. there was no prior conversation between the two that could have led to the attack but speaking of prayers, that guy, that attacker had prayers and paroled in 2019 and any crime, why is this guy out? put the bad guy behind bars because there so they don't have the rest of us. >> carley: citizens taking matters and their own hands, the 80-year-old who shot in a companion store and shot the guy with a gun. and subdued the guide for attacking people. yesterday, we talked with the restaurant owner in hollywood who subdued and other guy for

attacking a customer. it shouldn't be that way. >> todd: the left twist themselves in knots to force rehabilitation lost causes. this guy is not getting rehabilitated purity should be behind bars. >> carley: a lot of the cranes predictable. and in the meantime this. >> where kids deserve a world-class education so extreme and start attacking our schools, that is not who we are. >> carley: the largest teachers union in new jersey taking a page out of the biden doj playbook. linking parents to extremist. >> todd: it is tailor made, by the way. right now, plus michigan to become the new virginia? the gubernatorial candidate is here along with claudia tenney. don't miss anything.

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♪ ♪ >> todd: the ceo at the bank of america calling out biden recession hypocrisy. bryant telling the white house not focusing on hardworking americans during this uncertain time. he told the ap "recession is a word whether in a recession or not is the important thing. it is what it feels like the

people going through this. the biden administration continues to push the idea that fiscally better than the previous administration." in the meantime biden everyday necessities are high gas, airfare, meat, vegetables, fruit, on a whole lot more, carley. >> carley: the doors open as cost surge thanks to biden inflation. the owner of jr pony party who says she is raising her prices for the first time in 25 years in order to save her animals. she joins me now with her duck. kathleen, i see you have a lot of animals around you, one, we see right there. how has inflation impacted you and your business? >> it really hurts. >> carley: how so? >> well, the prices of hay have gone up 49%, which is just horrible that i have two still take care of the animals at the

farm no matter what i do. we have got to feed them because they are my animals. so that really hurts. >> carley: so, in order to rid make ends meet you had to raise prices for the first time in 25 years, which is something i know you didn't want to do. >> i don't want to do that. having animals for children and having them come here for an educational tour and learn about the animals, which is important to the kids. you know, birthday parties, day camp, it is so important to have kids interact with animals. but when you have to raise your prices in this day where people are counting their pennies right now. i hate to see this come out of children's and families lives. >> carley: you have to raise your prices, otherwise, you would be out of business. just like a restaurant it is not only you you are taking care of. you have to raise prices to feed

your animals. >> absolutely. when you take on animals and make a commitment to animals, you take them on for a lifetime, you know? ponies and horses with about 30, 40 years and you have a lot of commitment with them, you know? i can't shut my door and i have to keep feeding them. >> carley: how many animals do you have? i understand that you take in rescues but that has to be a major expense as well. >> i have one horse, one donkey, probably a dozen goat, sheep, pigs, llama, bunnies. >> carley: you have it all. >> and of course docs. >> carley: what is your dog's name? >> this is my granddaughters name and her name is quite quick. >> carley: naturally, quack quack, thank you for showing her to us. and fewer customers this year because families see the cost of gas going up and decide not to

get in the car as much. is that something you are seeing as well? >> oh, absolutely, absolutely. >> carley: yeah, i know you do a lot of tours for school. are the buses coming to your petting farm? >> no, that is something else that has happened, too, will is that we scheduled tours before the shutdown and now it is rolled over into the gas prices at. so basically, you thought we were coming out of the pandemic but now there is that. you know, think outside the box to make things better, but one thing after another. but you know what, we will keep a smile on ir face and keep going. >> carley: it is not just the cost of hay and everything that you are facing but also your customers because of the cost of gas, are you afraid of going out of business? >> i am not -- yes, i am afraid

but i won't let that happen. the animals depend on me just like any mother or dad. they depend on you. so does this little guy. >> carley: the other thing i was thinking about, kathleen, is we just came out of a pandemic where you had to shut down. then when things opened back up, you get hit with increased prices. it has been a brutal two and a half years for you, i'm sure. >> it really has, you know for most people when we came out of the pandemic, oh, this is awesome mike this is great, this is what's going to happen. no, now we have this and so more that we have to get over. i'm sure when they get this opened in people that liked us will be here and help us out. >> carley: well, you know, inflation has been impacting americans for over a year now. do you feel like politicians are hearing yours and others for

domestic small business owners concerns question what >> i think they are, i know they are, but we have to do something a little more faster that is good. >> carley: will, you do birthday parties, pony rides, educational doors, petting zoos but where can people go to buy something for the kids? >> i live here in las vegas, nevada, just to let everybody know because i know this is a national station. they can call me 702-631-4142. >> carley: there you go, kathleen may kathleen meehan. have a good morning. >> todd: two-part follow-up is that the first time you ever asked what is your doc's name? >> carley: that is so cute. and virginia parents revolted last year over critical race

theory in the classroom and attacks on their character and cleaned house in statewide elections. glenn youngkin in charge. >> todd: glenn youngkin's new board, the first meeting of the academic year and one of the members laying out its goals for us next.

♪ ♪ >> carley: the associated press is updating a style guide on pregnancy and abortion once again. the move with conservatives and liberals. the ap style book announcing new guidelines saying "we have guidelines sing pregnant women or women seeking abortion is acceptable phrasing. pregnant people or people seeking abortions are acceptable when you want to be inclusive of people who have those experiences but do not identify as women." when republican calling out the ap for refusing to take a stand. this used to be no nonsense guide for writing but not anymore.

democrats still claim women inaccurate. the texas school district temporarily removing a number of books from library shelves for review after complaint. one of them, the bible. another book in question are all boys are blue, which follows the life of a black man growing up in it -- and told fox, the campus staffers are being asked to review any books that challenge new policies for the district. books must be reviewed and deemed educationally suitable or pervasively vulgar. the board said the goal is to protect kids from sexually explicit context. >> todd: also in new jersey a teacher's new jersey airing an ad over parents with explosive otb cutie content in schools as extremists, listen to this. >> we don't agree on everything in new jersey but we agree our kids deserve a world-class education so extremists are attacking our schools, that is not who we are.

people who want to fight to score political points should take it somewhere else. >> todd: the state's g.o.p. slamming the union for demonizing parents saying in a tweet, if protecting our children from phil murphy is a standard that is extreme, we wear this as a badge of honor. as carley apted and pointed out, that is a very distracting add. meantime, calling out his state department of education for trying to stop calling george washington. yeah, that guy the father for our country. glenn youngkin telling him i believe we should tell her history accurately the good and the bad appeared part of the history we will tell as the founding fathers including george washington in james madison and let's not forget about thomas jefferson and patrick henry played an extraordinary role in the founding of the nation. suparna dutta and fairfax county mother joins me now. thank you for being here appear the department of education

calling this an error. how do something so wrong get floated like this in the first place? >> good morning. that is a question, yes, that is what we heard was the matter. i do understand that this has been a year or a year and a half or so, but that is what we were told. it was just an omission. >> todd: here is one of those department of education members, board president, in fact, downplaying the outrage, meticulous end. >> all of a sudden, virginia doesn't want to recognize george and madison. that is sort of a silly thing to pick up. >> what do you make of that dismissive tone? >> he is the president of the board of education.

well, i can understand his frustration. i think maybe the department of education was caught flat-footed, and it was unfortunate. so, i can understand his point of view. but it is pretty egregious to parents all over the state. >> todd: not just all over the state but let's extrapolate this throughout the country. how we have reached a point in our nation where george washington -- let's focus on george for a second literally the most revered man short of abraham lincoln. why have we reached a point where people are thinking of canceling him, literally from text and history? >> right. i mean, let's step back and remember, you know, that we need to as the governor said educator children and it needs to be, yes, i do agree that may be it

needs to be a broader perspective, inclusion, but let's not erase people's names and dates. so let's make sure to keep our founders and framers and they get their due respect for the founding of this exceptional country. >> todd: in the meantime, you are a department of the board, and met for the first time but what is the new goals of the board of education and what do you do to fight for parents rights in the classrooms? >> yes, i was one of those very parents in the trenches. one of the goals of the board of education is to set statewide curriculum standards. and part of a seven year cycle 2022 is the year when the history of the curriculum gets set. and i think it should be the standard should be very fair,

balanced. it should be very clear and concise and it should have questionable concepts. it should be free of jargon. it should be free from politics. and i would really advise all parents to look at the board of education agenda, look up the draft. it is about 400 pages. i have not gone through all of it and only skimmed the documents. but again, i want to make sure it has very concrete, testable points. i would just .1 more thing that i have seen so far is that removing references to using, for example both kindergarten and first grade, removing references to using basic math skills to support and understanding of the community. it is replacing that concrete

map focus was something like contextualizing sources to understand the past and organizing and sequencing information to understand people, places and events. >> todd: okay. >> so something for kindergartners. >> todd: exactly. you are focused on math, science, english and doesn't make sense that is controversial in any way. that is what you should be learning. thank you for your time and we appreciate it, all right, carley, do you remember this? >> you are not going to get over it if you have these vaccinations. >> air data from the cdc today suggests that vaccinated peoples and don't get sick. >> todd: the cdc finally accepting that it was wrong about a lot and it is cleaning house. >> carley: two years from the start of the pandemic, blue cities are struggling to catch up for lost time and they say democrats blocked downs were

just the first hurdle. a business owner in a restaurant in florida and minneapolis is here to track their success. ♪ ♪

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>> todd: for cdcs with substantial restructuring after admitting it boxed its response to the coronavirus pandemic. obtained by "the washington post," cdc michelle wilensky the public health have been preparing for covid-19 and in our big moment, the performance did not reliably meet expectation. she told the associated press, "i feel to leave this agency after a better place after a challenging three years." the new initiatives including a communications office overhaul and changes to focus on public health guidance and reliance on scientific reports before making that public. the announcement was deemed too little, too late by some you're the organization's wavering guidelines for the permanent closure of about 200,000 businesses above normal levels and forcing more than 55 million students out of classrooms in 2020, carley. >> carley: restaurants and

blue states are starving for diners as business owners struggle from covid-19 restrictions. the restaurants thanks to the pro-business policies, greg urban, the wild grade saloon minneapolis owns two restaurants in florida and sued the minneapolis mayor over restrictions. greg, good morning to you. how is business at your minneapolis versus business in florida? >> well, minneapolis is not the place to be right now unfortunately appeared slow, people are scared to come out of the suburbs and go downtown. a lot of crime coming off of two years of lockdowns versus in florida, florida never really closed. the whole country basically flocked to florida, not just for the beautiful beaches but the great business climate and everything else down there. business has been booming since the middle of 2020.

the whole country has been going there and governor desantis has had error back the last few years. people feel safe in the florida city. really a night and day different between the states. >> carley: the number of daily diners in minneapolis is down 54%. that means less than half of the people eating out in 2019 are eating out now. why is that? is it crime, covid, what is going on here? >> right now i think it is crime and the idea it was covid, i think that was mainly a democrat talking point for a couple of years because florida, we never saw that. we reopen in mid-2020 and we were doing fine down there. and in minneapolis what we are seeing is a lot of places in the suburbs are doing very well. but people coming into the city of minneapolis what used to be really the heart of the whole twin cities area just is not

happening anymore. the restaurants over the summer were packed, but downtown is a ghost town. nothing like its former self. >> carley: wow, crime is so bad in minneapolis that people are afraid to leave their homes, that is shocking. >> we really is, it really is. you hear endless stories of people going downtown and getting mugged or carjacked. minneapolis does not have the police staff right now. there are 300 officer short to be able to not just provide safety but that perception of safety is not there right now. >> carley: meanwhile imported, governor ron desantis has to do with the pandemic to keep opr the last year and he took a lota open but now, essentially the cdc change guidelines to mirrorn florida. what is your reaction to that? >> well, look, this fiasco the

last two years has been ridiculous. one day, the cdc said that you need masks in the next day you don't. one day you have to be 6 feet apart and the next day 10 feet apart. you need a vaccine, don't need a vaccine. it has been ridiculous, totally ridiculous. the politicians have full of the political science for two years. you know, here in minnesota, lockdowns with minneapolis with the lockdowns of versus down in florida, governor d santos has just been excellent. he has had all business owners backs for the last two years and it's been great operating in florida. >> carley: because of everything going on in minneapolis are you thinking about shutting down a restaurant and opening another spot in florida? >> certainly, that is a potential. you know, there are leases and things like that involved to make it a little more difficult.

but we are certainly not looking at expanding in minnesota. and we are certainly interested in expanding in florida. it is a great economic climate down there. >> carley: you also sued the mayor of minneapolis over the covid restrictions. how did that ultimately work out for you? >> well, it ended up getting several with them resending the vaccine mandate. so, it ended favorably to us and helped with -- the vaccine and date was put on in following the political science. while that lawsuit happened, they have a poll come out and i think there was a miscalculation on the political science. the people of minnesota were not too pleased with it. so we ended up resolving that and getting that rescinded. >> carley: greg, thank you for joining us this morning. >> think you. >> you are very welcome, todd.

>> todd: the patriots and panthers borrowing again. this isn't a repeat video but another one during practice and this time, the panthers and knocking to the ground leading to chaos as the defensive lineman ended up injuring a fan by landing on her. that is how wild this god. the fan with a swollen foot but refused treatment from the medical staff. rejected from practice running back and allegedly threw a punch. tiger woods with the pga tour site. >> i think it is pretty apparent that whenever we get in the room, there is an alpha in there and it's not me. he is the hero that we have all looked up to. his voice carries further than anyone else's in the game of golf. snow and of course, you know who we are talking about tiger woods who flew to delaware to lobby against -- all hands on meeting

with pga tour players. adding the top players on the same page that golf against saudi starts. the biden administration says the border is secure and literally unlock the gate in texas to let migrants into the country. >> carley: farmer john floyd jr., tudor dixon and claudia tenney all coming up onn fox "fox & friends first." ♪♪

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pick an order print everything you need slap the label on ito the box and it's ready to go our cost for shipping, were cut in half just like that go to shipstation/tv and get 2 months free >> carley: all eyes on a florida courtroom, a judge is expected to reveal a decision on the raid on former president trump's home. i'm carley shimkus. >> todd: i'm todd piro. some say there is