until september 22nd. keep your pumpkin spice latte, i'm going to sit by the pool and grill hamburgers and hot dogs and hold on to the summer as long as i possibly can. >> pump the breaks. >> dr. saphier, i am disappointed. bring on the red cups and christmas and elf, it's never too soon. merry christmas, everyone, and happy labor day. >> federal judge ruling in favor of former president trump's request for independent review of what fbi agents seized in the raid of mar-a-lago. >> this puts something of a roadblock up for the doj and criminal probe of the former president. right to david spunt following all of these new details. david. >> david: hi, molly and rich. rare order from a federal judge on a federal holiday. no question it's a victory, even if a temporary one for the

former president's legal team, slows down the investigation into the thousands of pages from mar-a-lago on august 8th, hundreds marked classified. after a nearly two-hour court session and a long weekend to think about it, she made her decision writing a special master shall be appointed to review the seized property, manage assertions of privilege and make recommendtations and evaluate claims for the return of property. she continues the government is en joined from further review and use of the materials seized from plaintiff's residence, pending review. the government may continue to review the materials seized for purposes of intelligence

classification and national security assessment. to determine the classification levels of the documents will not stop, it will continue. doj can continue its classification assessment. actual investigation slows down. no comment from the department of justice at this hour but it is certainly possible for the doj to appeal the ruling to another judge and have this overturned, molly. >> david spunt following all of the new breaking details, thank you. >> we'll keep david here a few more questions for you, david. you know, this appeal process if it happens could make this an even longer process. what do we expect the next steps and when do you think we will hear from the government on this? >> according to the ruling, september 9th, friday, is the due date for the department of justice and trump's legal team to come together and submit some

proposed candidates for a special master. we have talked about this phrase special master for weeks now. it's a neutral third party arbitor, someone possibly a retired judge or a local attorney, not connected to the case, come in, look at the documents and see if any need to be returned outside the scope of the investigation or that may fall under attorney/client privilege. it's interesting, rich and molly, to point out a special master will be going through all the documents by themselves, just one person. we are not talking about like a special counsel's office or prosecutor where you have a staff to go through things, and out of the thousands of pages taken, hundreds were deemed classified. hundred of pages of photographs and magazines, things seem to be benign must still be gone through. >> david spunt, thank you.

now let's bring in former federal prosecutor and fox news contributor andy mccarthy. you just heard david spunt discuss the time delay in all of this, but other things to consider, especially considering executive privilege. what's in here when it comes to that, and is this a win for the trump team? >> it's a big win for the trump team and a potentially explosive ruling if it holds. i would imagine it's important enough that the government will appeal this immediately, but you know, in a nutshell what happened here is the justice department assumed that trump only had attorney/client privilege, that he did not have executive privilege or at least to the limited extent that as a former president he maintains executive privilege, can't be asserted against the executive branch itself. one thing for the government to have that theory. i think actually may be a sound

theory, but the problem is it's not 100% settled, so i thought it was incumbent on them to get an ruling from the court on that question before they did what they did, have the privilege team go through all the seized documents assuming that trump only had attorney/client privilege and then allowing all of the potentially executive privileged documents to go to the prosecution team. if they are privileged, it could taint the investigation and the prosecutors who went through them, they are now conducting an investigation. they got the documents two weeks ago and they have had these documents, the prosecution team has for about a week. so they have been conducting it assuming the documents were appropriate for the investigation. the judge is saying hold everything, he may have executive privilege. >> that may undo this whole thing. when you are talking about an

investigation that is relying on the documents seized, if it turns out there is executive privilege valid here, that means all the documents don't exist, is that right? >> that's why i don't see how the justice department can let this stand because they really planted their feet. they could have gone to the court and gotten a ruling first. they decided to roll the dice that they were right about privilege and now the judge is saying maybe not and the problem as you lay out, the investigative team has a lot of information that arguably they shouldn't have. now, again, i want to stress a good chance the government wins on this question. what the judge is saying, it's not clear enough to know for sure that the government wins on that question, so we are going to call a time out here, let a special master go through everything, identify the things

that might be executive privilege and then make an assessment of how much is the government using those, have they used those documents at all, and how much is their investigation tainted. i don't think the justice department can just sit by for that. i think they'll have to get -- they'll want to get the 11th circuit involved. >> seems like a powerful role, the special counsel appointed, literally makes the calls, yes, no, privilege, not privilege, given both sides to september 9th to propose candidates. there is not a lot of time if it goes forward. >> molly, it's got to be somebody who has a very high security clearance because of the nature of the documents that we have heard about, so at a minimum, you have to get somebody who is able from a national security perspective to go through documents of that

nature. it's going to obviously make the world much smaller of people who are potential candidates for this. >> andy, thanks for joining us. >> this hour, president biden is in wisconsin, his first of two battleground stops on this labor day. heading to pennsylvania a bit later on. both states are home to hotly contested senate races that could decide the balance of power in washington, just nine weeks from now. remember, the president was just in pennsylvania a few days ago, ripping maga republicans in a speech widely criticized by the gop as divisive and political. but praised by democrats over the weekend. >> it was about a specific particular extreme, extreme part of the party that has taken over. >> i see a commander in chief who is calling out to all of us, no matter our political affiliation. >> two of the hallmarks of a fascist political party, one, don't accept the result of

elections that don't go their way and they embrace political violence, and why president biden was right to sound the alarm this week. >> peter doocy is live in pennsylvania, peter. >> peter: rich, it's been lonely for president biden on the campaign trail because just about everywhere for the last couple months, democrats have steered clear of him. but now the official in charge of helping democrats hold the lous is explaining why that is changing. >> you better believe we are going to stand with the president and say we passed in a bipartisan way, better roads, better bridges, better healthcare for our veterans. >> the president has focused less on his own policies and more on threats to democracy lately even though recent legislative wins have his side

tied up with republicans. >> why are you losing momentum right now? >> i don't think we have. certainly i think some people needed to understand that a year ago was not going to be today. as you know, i talk about getting past the labor day weekend when everybody starts to engage and i like where we are at, mike. right now, almost seven points better on the generic ballot than two years ago. >> president biden's third trip to pennsylvania in the last week, but only the first the democrat for senate john fetterman has decided to attend and he is pitting out the word that when he's got some time with the president he plans to encourage him to legalize pot, rich. >> all right, bepeter doocy.

thank you both for being here. we have just seen peter's trip through pennsylvania, with president biden, comfortable with that kind of trip, speak with union faithful, did it in wisconsin and then pittsburgh later today. the type of thing we have seen the president do for decades now, his crowd, but a speech he gave in primetime attacking the maga republicans, described it as dark, who was he talking to in that speech, now that he clearly is getting out on the campaign trail. byron? >> well, he's talking to anybody who he believes is persuadeable on the question of donald trump. i mean, there's really two issues that have energized democrats in the last few weeks, and that is the supreme court's abortion decision, which they feel they can make work for them in some campaigns, and the

increased prominence of president donald trump. obviously trump is a high profile but the justice department raid on trump on august 8th has shot it up into the stratosphere and the polling shows it is increasing negative views of trump. so i mean, we have known for a long time a lot of democrats wanted to make the midterms about donald trump, they didn't know if they could quite pull it off, given problems like inflation. but right now that strategy seems to be working. >> what byron just talked about in the midterms and influence, and then president biden speaking about trump and maga republicans on thursday. is that something that could backfire in the weeks ahead for democrats? >> well, i think when you look at the numbers, 5% of the population largely voters that joe biden is not going to swing his way. he's drawn a line in the sand and talked about freedom versus

extremism in the speech, and jobs created by the infrastructure bill, whether carpenters or iron workers or working on the electrical grid or the green jobs he also helped pass through that tight senate, so i think will you see joe biden talking about the freedom of the american worker, the right to organize and the right to have a job that pays a living wage you can retire on and have healthcare. i think that's important and i think that's what the focus will be. >> byron, laura raises an interesting point. the president has been out on the campaign trail since november essentially when the trillion dollar infrastructure passed, kind of reminding voters it's a success. at the same time, the discussion about president trump dominating the headlines.

labor day, he's talking about unions and infrastructure in the coming weeks, has that helped, independents as polling shown starting to listen and move towards democrats? >> well, as i mentioned before, it's the kind of thing joe biden has done for all of his political life. we'll go and talk about how much money they have passed to bring to this particular locality and creates good paying union jobs, that's what joe biden does. all of that stuff has not worked as far as his approval rating was concerned because it fell into the mid to high 30s. it has been climbing recently but still only 42%, and going back decades and decades and decades, presidents with job approval ratings well below 50% and biden's is 42 right now, do not pick up seats in midterm

elections. if democrats were to hold the house, that would be an historic accomplishment. >> and laura, your last thoughts before we move on regarding what we are going to see in the coming weeks from the president. we saw the stark dark nighttime speech, here he is in the daylight, which way do the democrats go? >> i think he's -- i think he's in his element on the stump and say this, senators like ron johnson, 38% approval rating so see a unique election year, a choice between the democrats and the republicans, not a referendum by those in power and the fact that they have been able to stem the tide of head winds they are facing bodes well for them on election day. >> we'll see what happens across the nation as the primaries are beginning to wrap up in another

two weeks or so. we appreciate your time on this labor day. an executive at a financially struggling company jumps to his death and the story takes a shocking twist. >> and memphis police find a man suspected in the disappearance of a mother and teacher. whereabouts are a mystery. allen is texting for backup? no she's totally in charge. of her portfolio and daniel g. she's building a greener future and he's... running a pretend restaurant. and phil? phil has questions, but none of them are about his portfolio. digital tools so impressive, your money never stops working for you with merrill, a bank of america company. giving it your all? have the right partner by your side. hyland's naturals leg cramps quick dissolve tablets.

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from watching you, by downloading the app today. duckduckgo: privacy, simplified. >> bed, bath and beyond executive is dead after apparently jumping off his balcony in new york city. he was facing a lawsuit over accusations of a stock scheme. david lee miller is reporting live from new york. >> rich, a class action lawsuit filed less than two weeks before his death accuses 52-year-old gustavo arnal of insider trading and a pump and dump scheme. he and other defendants allegedly tried to manipulate the stock price for their own gain. as the chief financial officer, the suit says they sailed to release truthful information about the company. he and his co-conspirators, and

fraud was shares traded on the open market were artificially inflated in price. the suit says arnal sold just over 55,000 shares of the stock before they plunged in value. shareholders who held on lost $1.2 billion, according to the filing. days before arnal's death said they are closing 150 stores and cutting 20% of the workforce. according to the new york post, he did not leave behind a note or say anything to his wife before leaping from the couple's 18th floor apartment balcony. he lived in the trendy tribeca neighborhood in a high rise, dubbed the jenga building. bed, bath and beyond says he will be remembered for his leadership, talent and

stewardship of the company, rich. >> rich: thanks very much. molly. >> cops say they got the guy who kidnapped a mother of two in memphis but eliza fletcher is still missing. charles? >> good afternoon, molly. police say 38-year-old convicted felon cleotha astbon is in custody. he is charged with her disappearance, they found a gma terrain occupied by abston, allegedly used in fletcher's abduction last week while she went for a run on the university of memphis campus. according to an affidavit, a cell phone belonging to the suspect puts him in the area

around the same time security footage shows a man run out of a black suv, run aggressively toward the victim and then forced fletcher into the passenger side of the vehicle, there appeared to be a struggle. later on a man biking on the same path found fletcher's phone and a pair of sandals, he served more than 20 years in prison for kidnapping a memphis lawyer at gunpoint. authorities search for fletcher four days after the b adduction. a criminal defense lawyer says authorities may have few options if the suspect does not speak up. >> it might be possible if he has a lawyer to perhaps cut some kind of a deal, but law enforcement is not going to want to cut a deal with someone they believe is involved in this kind of kidnapping and perhaps a homicide. so the fact that he has invoked his right to remain silent

leaves the police in a bit of a bind. >> a judge has granted him a $500,000 bond. he is expected to make an appearance in the shelby county courtroom tuesday, molly. >> thank you very much. private investigator t.j. ward, very sadly the young mother has not been found and the suspect that they have in custody is not revealing details of where she is if he in fact knows that. what are the next steps that investigators can take? >> well, first of all, they have the dna and hopefully he had a phone and if he did, they may be able to take the phone from the triangle and see where his last position was where he was found. and i'm surprised the courts are allowing a bond to be placed with this lady still missing,

miss fletcher. i would think they would keep him in custody until they make a decision to come up with new evidence. the police moved very quickly in this case and gathered a lot of evidence and which they are still doing and still looking at. there is evidence, in fact, there was a struggle when he took her in custody and took her and she is somewhere, maybe it's time to pull out the cadaver dogs and search areas they may have in find. >> we know the investigators are combing woodland areas and areas where she disappeared and areas where she believe the gmc traveled from there. as you mentioned, perhaps not just in a search for miss fletcher, but also for evidence, some other clues that could lead them to find out more about this case. you know, they put a lot of these pieces together, she was last seen friday morning, investigators finding the pair of slides, dna leading them to

abston, the various witness saw him cleaning clothes and cleaning his vehicle. what do you think about the way the police are puzzling all of this together? >> well, i think they are doing a great job pulling the dna and the evidence they have, and it's good to keep this out in the public because there may be other witnesses that saw something and other evidence that they may be able an utilize and locate where she is. bringing the dogs out in some areas they know about and there may be some things the police know and not telling the public and keep it for the integrity of the case. >> do you think they'll come out with more information where the vehicle may have traveled, they put the vehicle description and picture out, do you think there's more that we will see in the coming days they might appeal to the public to say hey, here is a route, we have more information regarding the cell phone that they have. as to his whereabouts.

>> again, if the triangulation, if he had a cell phone with him, important to see where he was at the time that he may have taken her and disposed of her or whatever. >> t.j. ward, thank you very much. appreciate your insights, a case everyone in memphis is glued in on and if they have information could help investigators as well. thank you for your insights today. appreciate it. >> thank you. we keep praying for the family. >> absolutely. national border patrol council president judd and general keith kellogg coming up after this.

>> rich: check on delays and cancellations for millions of americans who hit the skies what was predicted to be a busy weekend for holiday travel. bill at los angeles

international airport. >> bill: good afternoon to you. at the united terminal at lax and checked the board, no delays, no cancellations whatsoever here. every flight has been on time, and lax is supposed to be very busy, more than 450,000 people expected to pass through this airport over the holiday and aaa says a survey shows 32% of americans are planning to travel on this labor day. that includes 12% of people who say they are planning to go 50 miles or more, expected to be the busiest labor day holiday in the last three years. a lot of people in the skies, experts say the number of people flying is back to pre-pandemic levels, busy times for the airports. millions will be in the air. airports seem to be handling the increased demand. san francisco airport says that's because the airlines have been planning for this. take a listen. >> airlines over the past month or so have really adjusted their flight schedules. i think the goal among airlines

is run a very reliable flight schedule and we are seeing that play out. >> now a majority of the travelling taking place over the labor day holiday, more than 80% is expected to happen on the roads, and partly because of the decrease in gas prices. slowly creeping down from the record levels over the summer, we all remember back in june, the national average is now 3.82, that is still significantly higher than 2, 3 years ago and drivers say they are still feeling the pinch. take a listen. an two and a half years ago the bottom of my street the gas was 1.84 a gallon. now it's 3.50, down from 4.50. >> and again, expected to be one of the busiest labor day holidays in recent years. aaa says everybody is ready to come out of the pandemic after lockdowns, get back on the road and travelling.

as of this morning, tsa says they have screened about 6 million people at airports around the country. back to you. >> rich: bill, thanks. aviation analyst kyle bailey, faa licensed pilot and former member of the faa safety team. kyle, you heard it from bill, a rough year in the skies but things seem to be going smoothly this weekend. have airlines figured this out? >> yeah, things are going pretty smoothly so far, you know there, is a big weather system in the northeast, i would expect some, a lot of cancellations this afternoon, tonight and tomorrow in the northeast area, probably from washington, d.c. all the way up to boston. but you know, we still have the constraints with the pilot shortage, flight attendant shortage, we will see how it plays out. >> any closer to being resolved

or incentive for more staff? >> incentives have always been in place the last couple years, they have increased a little bit in the last six months or so. but it's pretty much a blame game. federal government is blaming the airlines, the airlines are blaming the federal government. they want them to fly and on time. if they don't, they are losing money. chain reaction, the pilot shortage, not like united and delta, it's on the smaller regional carriers like united express, delta express, and those smaller connecting flights. so when you have problems there and shortages, you know, it tends to trickle up to the larger airlines as far as the disruptions when the commuters cancel it obviously affects the major airlines, passengers making connections and things of

that nature. >> rich: what do you suspect over the next few months in air travel? >> there will be a lull, but probably the same thing around thanksgiving and christmas time, you know. hopefully they'll work through the shortages but it takes time. to get a pilot fully trained, you are log six months to a year, and one of the big issues with the pilots, the faa several years back, they made a requirement both pilots and the flight deck have the airline certificate with 1500 hours of flight time, so the co-pilots or who would be hired previously can't get the job because they don't have the 1500 hours of flight time in the airplanes. >> rich: kyle, thanks very much. molly. >> molly: breaking moments ago, the justice department responding to the judge's decision to name an independent

special master, the department saying the united states is examining the opinion and will consider appropriate next steps in the ongoing litigation. rich. >> rich: molly, the border crisis turns tragic for more than a dozen migrants, deadliest mass drowning incident in the rio grande in many years. brandon judd after this, national border patrol council president.

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sofi. get your money right. ♪ >> molly: the border patrol calls it a warning of extreme importance telling migrants not to try crossing the rio grande after at least 13 people drown last week. brandon judd, president of the national border patrol council is standing by, but first to correspondent garrett tenney, live in eagle pass, texas. garrett. >> that mass drowning late last week is the deadliest such incident here on the rio grande in years. but the warnings are having almost no impact on the number of migrants trying to come across. you can see this group, a little more than a dozen forming a human chain to forge through the strong currents that have already claimed 13 lives, and that were so strong that several

of the group got ripped away and carried down river until they were eventually rescued by the texas national guard. that group is one of several that we have seen including young children. yesterday around 50 migrants arrived in chicago, courtesy of the state of texas and the city's mayor lori lightfoot is firing back at governor abbott for bussing migrants to sanctuary cities like hers. >> understand the pressures of the people of texas and some of the other border states are under. we see that on a daily basis. the thing to do is not this. this is creating a human crisis and treating people without dignity, without respect, he professes to be a christian, this is not christianity and the teachings of the bible that i know. >> we just got a response from governor abbott's office calling those attacks a pathetic political ploy anded a -- and

added instead of the lowly attacks, mayor lightfoot should call on president biden to take immediate action, something the president continues failing to do. back here live in eagle pass, you can see another group of migrants trying to get across the river, with mexican authorities trying to talk them back to shore. to put into perspective the human crisis, chicago has received just over 100 migrants, which is easily around the number of migrants who cross the border here in eagle pass alone in a single day. molly. >> molly: thank you. let's bring in brandon judd, president of the national border patrol council. thank you for joining us and your time. pictures garrett brought us, people in the water as we speak, the largest mass drowning of migrants, 13. but cbp numbers show 200 had died just in the del rio section

from october through july. so this is an ongoing issue, a terrible tragedy not only for the people that drown but also for the people down there trying to secure the water and the border and to rescue people. your thought on this ongoing enormous challenge. >> this is extremely upsetting, and upsetting to every single one of us that puts on the uniform and tries to secure the border. when you look at what the administration is doing, they are encouraging people to cross illegally, they know they are going to be released. people don't listen to words, they listen to actions. and this administration's actions are clear. if you cross illegally you will be rewarded and if you do that, they will continue to come. and you consider even though we are breaking records for the number of deaths, consider last year, the biden administration surpassed the president high in number of deaths on the board.

500. now we are approaching 800 deaths, more than double what was, what we had before biden took office. when you consider that, they have a one in 2,500 chance of dying crossing the border so they are going to take the chance when they know there is a huge reward on the other end of it. >> molly: the risk as we speak, we see the numbers, the videos, live videos coming in. tragedy unfolding before our eyes. what do you think the biden administration should be doing right now as they have just issued what they said is this warning of extreme importance? >> it's very simple what they need to do. they need to hold people in custody pending asylum or deportation proceeding. we believe people should have the right to claim asylum from countries that might do them harm but you can't release them into the united states. the vast majority of people

never show up to the final court appearance, ordered in ab ten sha, and then they do not allow the ice officers to execute the warrants. they violate the laws and never leave again. if this administration would end catch and release, this problem would go away. >> molly: brandon judd, thank you so much for sharing your thoughts on this, on this labor day. appreciate your time. rich. >> rich: molly, we have a big line-up ahead, general keith kellogg, jonathan turley and karl rove, coming up. i brought in ensure max protein with 30 grams of protein. those who tried me felt more energy in just two weeks. uhh... here, i'll take that! yay!!! ensure max protein, with 30 grams of protein, 1 gram of sugar enter powered by protein challenge for a chance to win big! what's it going to take for the world to reach net-zero emissions? it's going to take investing in some things you've heard of and some you'd never expect.

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>> rich: russia's shut down of the nord stream pipeline is dealing a massive blow to europe, as e.u. officials are trying to figure out how to ease high energy prices and supply concerns. the white house, accusing the kremlin of weaponizing energy. in a moment, fox news contributor keith kellogg, general, first, and then amy kellogg live with the latest. amy. >> hi, rich. these are certainly very jittery times for europe, natural gas went up 35% just today. it is up, rich, 400% since a

year ago today and though it's only labor day, winter is company and the russians have been sneering the west is going to be shivering this winter, thanks to their own decisions. but friday moscow upped the ante, closing a main pipeline into germany, nord stream 1 indefinitely. fears of unaffordable energy and shortages sent the european stocks sliding and the hopes are it can be contained so the shortages and price hikes and energy don't spill over and cause more widespread economic distress on a continent seeing job cuts and skyrocketing energy bills. the euro slid to the lowest in two decades. germany approved a $65 billion relief package and chancellor has said "we will get through

this winter." nordic countries are earmarking billions as well for energy providers. this as france announced that it will fire up all of its nuclear power plants in time for winter. half of them are currently under repair. there is going to be, rich, emergency meeting of the e.u. countries on friday to better coordinate policy and figure out what to do with all of this, stave the pain a bit, and at this point now a lot of voluntary measures that european countries are sort imposing on their populations so there will be enough gas to heat homes but there is very much the possibility that energy will be rationed in europe come winter. >> rich: amy, thank you. retired lieutenant general keith kellogg, and co-chairman of the center for american security and a fox news contributor.

general kellogg, i want to begin with the nord stream pipeline. appears oh though the russians are dispatching with pretense that there are maintenance issues here, tying it to the sanctions. what's next in this fight? >> yeah, rich, first of all, thanks for having me today on labor day and happy labor day to you. the russians are using energy as a weapon. economics are part of warfare and brought close to home to the european continent. 35% of energy flows into europe from nord stream 1. the russians just shut it down. now it's turned off and the russians know what they are doing when you see some of the protests in the european capitals right now. and amy made the comment, when energy prices are up 400%, that's a shocking number, incredible if you are a consumer. but i've got to say you know, europe was fair warned on this, and 2018 president trump in front of the u.n., at the u.n.

general assembly and he said that europe has to get off of russian energy and they didn't do it. and now they are kind of stuck with that. and putin knows exactly what he's doing, pushing that envelope of energy and push on energy prices going up that europe would start to break and they are talking about economic packages supporting ukraine. when you look at the economics of it with humanitarian aid, economic aid and military aid, most of europe is not supporting ukraine. the keel institute of economics did a survey of 40 countries recently, and that includes all the europe union and nato, and the united states of america is carrying two-thirds of the burden. when you take out britain and their support, economically and humanitarian and military aid, the longer the pressure goes, especially in winter and applying the economic pressure,

i think putin is gambling when it comes to ukraine, they will say how do we get out of this, where is the negotiation. and rich, i don't see it. no attempt at negotiation, no attempt to get someone in there, the fight will continue in ukraine and energy will be a weapon that russia will continue to use against the entirety of europe. >> rich: general, do you see backsliding from the europeans on the pressure they are putting on russia? >> you know, i do see some backsliding. i don't see anybody really supporting as it goes forward because the pressure is going to build on these governments. >> rich: sorry, a hard break here, we have to run, apologize. jonathan turley is going to kick off a busy second hour of fox news live. that is coming up next.

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>> molly: former president trump scoring a victory in his legal battle with the justice department. welcome to fox news live, i'm molly line. >> rich: i'm rich edson. judge agrees to appoint a special master. jonathan turley is standing by, but first david spunt. >> david: this slows down the department of justice investigation into former president trump, no question of

victory even if a temporary victory for the former president's legal team. judge canon appointed to the federal bench by then president trump in 2020 heard arguments last week in person in west palm beach from trump's attorneys and federal prosecutors and after two hours and a long weekend to think about it, she made her decision a few hours ago in a written order. she wrote "a special master shall be appointed to review the seized property, manage assertions of privilege and make recommendations thereon and evaluation of return of property." and the government is further enjoined from further review of the materials seized on august 8, 2022, pending resolution of the review process as determined by this court. the government may continue to review and use the materials seized for purposes of intelligence classification and additional security assessments.

the women on the screen was the director of national intelligence, allowed to continue her investigation alongside doj to determine the cla classification of hundreds of pages of documents. the department of justice via spokesman released a statement, read to you, the united states is examining the opinion and considering the next steps, we think it's possible doj may appeal to the 11th circuit court of appeals, waiting to hear if that happens. rich. >> rich: david, thank you. jonathan turley, constitutional attorney and fox news contributor. jonathan, let's begin with some of the questions that are in here, first off a delay, and then there is the ongoing investigation but that appears to be hammered. then there are comments on executive privilege. in all of this, what is the most

important thing do you think that judge canon decided today? >> jonathan: well, quite frankly, this is not going to change the trajectory of the case. the department of justice is going to be able to complete its case and any prostitution, indeed. it was unlikely they would announce an indictment before the midterm elections because of the standard policy of the department of justice. now this order does prevent them from continuing to use these documents for prosecution purposes, and they have nothing to lose from appeal except the precedent they might create. i happen to think the decision is the correct one. i think the most important thing that comes out of this decision is to offer some reassurance to millions of americans about the purpose of the raid and also the handling of these documents. many people do believe this was

political, this will reassure them to some degree. independent person look at the classifications, make recommendations what can be determined. i think the department of justice blew this in how they responded to this motion. i mean, they really overplayed their hand. they said that the -- the appointment of a special master would threaten national security, and the court was really sort of quite, you know, surprised in the oral argument and said really? special masters are appointed all the time, you can get a special master with a clearance. how is national security undermined, and they never answered that question. >> molly: it's a fascinating position for whoever the person will be, the special master. with the understanding that the government in some of the

documents have acknowledged they believe some are privileged, attorney/client privilege, so the special master may be the one to call the balls and strikes going forward with the massive amount of documents. how much will this slow things down if they have to look through the paperwork, and would not expect anything before the midterms, but it's one person, what's the blueprint for doing this in such an exceptional circumstance where it's the ex-president's home and the potentially secretive documents? >> well, the investigation can still go forward, they can't rely on these documents. they already have seen the documents, they are already interviewing witnesses. they could continue to interview witnesses. the core issues, turn on the elements of the crime. the department of justice has emphasized obstruction in these filings. for that you need a knowing concealment, so they can go ahead and interview these witnesses as to, you know, what

was known to be the content of the boxes, who knew it, what steps were taken after the first subpoena to potentially conceal it. but the fact is, it would be a miracle if they were able to carry out this warrant and not gather privileged information. the warrant was absurdly broad. it said that even if you found one document with any classification marking, including confidential, you could take everything in the box and then the box that's stored with that box. it was -- it was perfectly bizarre because it allowed them to take virtually every document in storage, allowed them to take every document created during the trump presidency. i can't imagine how that vacuuming up of documents did not bring in legitimately attorney/client privileged material. >> rich: the judge today largely siding with the former president

and his legal team, but some concerns going forward. jonathan, what are the trump attorneys looking at now and what are the pit falls ahead for the former president? >> john: they should be concerned. these allegations are very serious. the department of justice has said that they believe that agents saw likely obstructive conduct by the trump team. they did not say whether they have evidence of intent or knowing violations. but as a defense attorney i must tell you, when you see that type of language, you go to your client and say this is not good. they are on a path towards prosecution, it's hard to walk backwards. and they are telling the court we cannot imagine how this wasn't obstruction, it took time to find classified material after being told there was no classified material so's a

serious issue. i would not expect an indictment after the midterm elections to name trump necessarily first. the way the department justice usually moves, they look for lower hanging fruit. hit one of his aides, very, very hard, and see if that aide flips and reaches a plea agreement. so usually you tend to look for collateral indictments if there's a building case towards a principle like the former president. >> molly: jonathan, the judge gave both sides to september 9th to propose candidates. doj may be looking toward possible appeal, so a lot of work to do and short amount of time to do it. candidates, who might they be? >> usually they look to former judges, judges have clearances, many have dealt with national security cases, and deal with former justice officials. a lot of candidates out there,

which is why the judge was really incredulous when they said this can't be done and protect natural security. if they take the appeal, you have to understand, this is an issue that's usually left to the discretion of the trial court. when the department of justice said you don't have authority or there's no standing to appoint a special master, that was another overplay. the special master is an extension of the authority of the court, and courts are usually given the discretion to appoint someone to create a record upon which they can rule. so, they can appeal but this is an area where trial judges tend to prevail. >> molly: historically significant appointment, we'll see if it comes to pass and perhaps we'll know names and perhaps see a final. we'll see what happens. jonathan turley, thanks for your legal insights, interesting to see it unfold on a labor day, on

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>> rich: an accused kidnapper is in custody but the search for a missing mom goes on. cops arrested a suspect in the disappearance of eliza fletcher in memphis, but the mother of two is still missing. charles watson is live in memphis. charles. >> police say they have 38-year-old cleotha abston in custody, he is not giving up any details in terms of the whereabouts of memphis teacher eliza fletcher and will may be little investigators can do about that. >> what we don't know, if he has a lawyer, negotiating going behind the scenes, but in vecced the right to remain silent and right to have an attorney, the chances are very slim that he's going to talk. >> for now, abston is charged with especially aggravated

kidnapping and evidence tampering in connection with fletcher's disappearance. arrest came less than a day after police found a gma terrain occupied by abston used in fletcher's abduction last week while she went for a run on the university of memphis campus. a cell phone puts him in the area around the same time security footage shows a male jump out of a black suv, run aggressively toward the victim, and then force fletcher into the passenger side of the vehicle during which there appears to be a struggle. later on a man biking on the same path found fletcher's phone and a pair of sandals in the street. we are told the footwear was sent to state investigators who linked them through abston from a dna match, he served more than 20 years in prison for kidnapping a memphis lawyer at gunpoint. a judge has granted a 500,000 bond. he is expected to make a court

appearance here in shelby county tuesday, rich. >> rich: charles, thanks very much. ted williams, former d.c. homicide detective and fox news contributor. what does this evidence tell you and if the suspect is not speaking to police, what can police do? >> well, rich, i can tell you that there's a race against time here. the bond has been set for abston at $500,000, simply meaning he has to come up with $50,000 and he may very well be back on the street. the authorities are doing everything they can to find out if in fact eliza is still here on this earth or she's somewhere injured, so what they are doing are talking to as many folk as they can that know abston. it is without a doubt in my mind that they have now successfully

tied abston to the actual scene and the kidnapping of eliza fletcher. >> do you have any sense this is the type of crime or situation where somebody, a suspect acted alone or do you believe that there could be more than one person involved here? >> it's hard to say, but at this stage it appears as though abston, who is in fact only the suspect at this stage, acted alone. it shows that about 24 minutes their surveillance cameras that show the vehicle that abston was driving was found in the area where fletcher was jogging. the dna of his slippers ties him directly to the scene there. what is happening is yes, he's invoked his constitutional right, the right to remain

silent. he has that right. authorities at this stage are not in position, i believe, rich, where they want to make a deal with this guy because i think that if, and i hope she's found alive, but if this woman is found dead and he's charged, he's definitely facing the death penalty. >> rich: one of the factors in this case, parts of the reporting that we have seen here, is that she's part of a very wealthy family. do you think that had anything to do with targeting her or is this a crime of opportunity, he saw a woman running at 4:30 in the morning? >> at this stage it appears to be more a crime of opportunity because if in fact it was a kidnapping, let's say for money, the kidnappers would have in fact contacted perhaps family members or someone to let it be known that they were -- that they were looking for money in order for her safe return.

that has not happened. abston or once he was discovered and once they got the dna and approach his home, he took off running, and they were able to capture him. i do not believe that this was a kidnapping for money. >> rich: ted williams, live here in washington, thanks very much for joining us. molly. >> molly: two suspects on the run and now charged with murder after a stabbing spree that left dead, and 18 hurt. more than a dozen different crime scenes are being investigated. lucas tomlinson live from washington. >> the stabbing spree took place across an indigenous community in the canadian province of of

saskechewan. >> all steps possible to track the individuals and information that comes in from the public or other sources we are following up on that information immediately. >> the police have identified two suspects as 31-year-old damien sanderson and 30-year-old myles sanderson. authorities believe they could be driving a black nissan rogue. motive is unclear. they are not sure if they are related despite the same last anaheim. attacks took place across 13 crime scenes. the death toll right now stands a the ten killed. 15 others were rounded as police comb the area. the prime minister said as a statement we mourn with everyone affected by the tragic violence

and the people. the two suspects are on the loose and are considered armed and dangerous. >> molly: absolutely chilling. hopefully they are found soon. thank you. >> rich: joe concha on the defense as president biden takes another swipe at maga republicans. businesses have to find new ways to compete in order to thrive in an ever-changing market. the right relationship with a bank who understands your industry, as well as the local markets where you do business, can help lay a solid foundation for the future. pnc provides the resources of one of the nation's largest banks

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hill," and megan, press communications for 2020 campaign, and kevin walling, former surrogate to the biden campaign, thank you for working with us on labor day. we appreciate it. i want to get you all the way in, down the line, starting with you, joe. the president, the democrats seem like they have focused in on this strategy of vilifying what they have called maga republicans. is it an effective strategy? >> polling, the most important issues to voters in this country by far is inflation and the economy and then second comes crime. so to talk about this and make this the focus is not really focusing on what voters want the democratic party and the republican party to focus on if they have power, and that's what happens if you are a democratic party that doesn't have a

positive bumper sticker. reagan had shining city on the hill, trump had make american great again. leader of the party is polling in the 60s on disapproval, inflation, crime, the border, more than 300 americans are dying per day and the president could address all the issues during his primetime speech and chose not to. >> molly: polling high among the voters. erin, villefication -- >> it does not address what is driving americans right now. it's gas price, the economy, it's inflation, and when you look at what the republican agenda is, it's lower taxes, securing the border, chasing and fighting to save lives against overdose deaths. in 2017 in congress when we passed a comprehensive package to address opioid overdose deaths, including fentanyl in

the country and starting to beat it back. american people look at where they are and a recent poll has independents giving joe biden 64% disapproval, its not that they think the maga republicans are the problem, they think it's less safe with democrats and joe biden at the helm in washington. >> molly: kevin, the attack going after maga republicans. >> the president said don't compare me to the all mighty but the alternative. and taking the fight to some extreme elements in the republican party, especially in the wake of the dobbs decision. i agree with joe and erin the election will be decided on the state of the inflation, gas prices, down over the last three months. the president is on the campaign trail in milwaukee and later on in pennsylvania, campaigning on that message. yes, he's absolutely talking inflation, yes talking about the

work he's doing to curb costs for americans because i know in agreement with joe, and erin, that's the number one issue that americans vote on come november. >> molly: one of the things that matters so much particularly in midterm elections and all elections, swing voters down the middle. "new york times" put out an opinion piece what it could mean the biden administration running the political operation, running a political operation in which the threat to democracy is leverage, used to keep swing voters on side without making difficult concessions to the center or the right. is this the strategy with the independents? >> no, fear mongering generally does not work with independents. they are the middle block of voters saying i don't believe in the hard right or left, i want to see change and results. the results with joe biden is gas up $1 more a gallon since he

bim president, overdose deaths are up, groceries cost more money, if you can find them at the store. still facing an infant formula shortage, a lack of results when they voted for somebody different to be president in 2020. so, what they want right now is going to be a referendum on that. when independents go to the voting polls on election day or early voting, 'em i better now than 2 or 4 years ago, and no. democrats are not delivering the way they said they would and republicans offers the alternative, stand together and not the rhetoric from president biden in what was supposed to be a white house address, a speech on primetime in pennsylvania, that's not what the american people want. they want unity, they want change and they don't see it with democrats. >> molly: kevin, no doubt pennsylvania is a swing state, he likes to go, pittsburgh today but the threat to democracy,

something that's going to resonate with those swing voters and a place like pennsylvania? >> yeah, molly, it's a good question. independent voters are the whole ballgame. and the president is in wisconsin, pennsylvania talking to the key swing voters and i just look at the polls, right. republicans on the generic ballot were leading by double digits, heading into the summer. now democrats have a slight lead due in large part to democrats delivering on policies that we have campaigned on in terms of reducing inflation, passing legislation to curb gun violence, infrastructure act in a bipartisan fashion. they are seeing action out of the democratic party now 64 days not midterm election and second guessing support by republicans especially when it comes to abortion, animating issue for a lot of independent voters especially. >> molly: joe, to you, you can weigh in on the independent

voters as well, democrats seem committed to the strategy vilifying republicans. are they underestimating the number of people that self-identify as a maga republican, not extreme, and nothing to do with storming the capital. >> exactly, saw the movie six years ago, hillary clinton calling trump supporters a basket of deplorables and analyzed the election afterwards, what was the turning point and that seemed to be a very big turning point in the election that hillary clinton was up by double digits and did not win. and look, this is not what joe biden campaigned on. it was b.s. all along. let's face it. give away, he called americans who opposed him on federalizing votings rights, as bull connor and jefferson davis and that was not strong enough so now the semi fascist thing instead. again, you look at polls from reuters in terms of what is the most important problems facing the country, and of the 13

broach as important in the poll, none on threats to democracy. see if it works for democrats but in the end you vote with your wallet and want to feel safe and not going well for the democratic party, molly. >> molly: thank you for weighing in on this. complicated thing, it will be interesting to see what happens on the campaign trail in pittsburgh, pennsylvania and beyond. appreciate all of you, joe, erin, kevin, thank you for weighing in. >> molly: andy biggs from arizona as the border takes a tragic turn later on.

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>> molly: breaking today, britain's conservative party voting for liz truss to succeed boris johnson as prime minister, saving an economy on the brink of recession. senior foreign affairs correspondent. >> liz truss will be the fourth prime minister in six years, not an easy job. 47-year-old foreign secretary won the vote among the

conservative party membership, mostly on bread and butter issues. a looming recession and high inflation, soaring energy prices, offers a good dose of free market religion. take a listen. >> i know that our beliefs resonate with the british people. our beliefs in freedom, in the ability to control your own life, in low taxes, in personal responsibility. >> truss exceeds boris johnson who stepped down in july amid various scandals. expected to pick up where he left off on foreign policy. strong in support of ukraine against russia, critical of the chinese communist party, and her idol is margaret thatcher, who was, of course, a very good friend of past u.s. presidents. only thing worrying lawmakers is the willingness to tamper with the post brexit northern ireland

arrangement. theory is the good friday agreement could be at risk. liz truss will become prime minister tomorrow, go up to balmoral, the scottish estate of the queen and get her acceptance. it will be the 15th under the queen. >> rich: ukraine's energy minister warning the world is on the brink of nuclear disaster. after heavy shelling brought down a transmission line to europe's largest nuclear plant. alex hogan has the latest from kyiv, ukraine. alex. >> hi, rich. a fire breaking out at the zaporizhzhia nuclear power plant, shelling disrupted a

power line, a more serious concern given this was a transmission line. the international atomic energy agency experts are at the site and are expected to give their full report about the conditions at europe's largest nuclear power plant by tomorrow to the united nations security council. both countries, both russia and ukraine, are accusing each other of provocations. ukraine is celebrating success in the counter offensive by raising the flag on regained grounds. presidential office has confirmed the forces have taken back a down in the south and another in eastern donetsk region, and they caution quick counter measures saying it will only cost more lives. >> we expect for our troops to move forward but we understand it won't be so easy. the speed of counter offensive depends on the number of lives

that we are ready to pay for that. >> despite the counter measures, russian attacks have not slowed down, and more destruction took place in mykolaiv over the weekend. this was a family clinic only days ago. the mayor also adding that every single medical facility in the city has either been completely demolished or at least partially damaged. rich. >> rich: alex, thanks so much for joining us. here now, nal gardner, former aide to margaret thatcher, and thanks for joining us this afternoon. you heard alex's report here, this war continues to drag on. what do you see as we enter the fall here and we move beyond a half a year to the year mark of russia's invasion? >> thank you very much for having me on the show and of course the u.k. has a new prime

minister taking office tomorrow. liz truss, very robust in standing up to vladimir putin over ukraine and i expect the british leadership in confronting russian savagery will be powerful under the premiership of liz truss. i expect we will see heavy fighting in ukraine, ukrainians are launching a major counter offensive. the goal is to boot them out of ukraine and teach a lesson to vladimir putin here, and the russian military offensive in ukraine has not gone well, it's overall disastrous for the russians and ukraine is fighting for their survival, sovereignty and determination, and i expect great britain will be in the forefront. >> in the war, ukraine objective for possible for the ukrainians to push russian forces out of

eastern ukraine or is this a campaign to drain the russian forces of will to fight, material, and men as possible? >> i think the immediate goal, of course of course is to get the russians out of the territory they took earlier this year, that is the immediate goal. the long-term goal i think is get the russians out of ukraine all together. and this war is proving to be hugely costly for vladimir putin's russia. the russians have suffered tens of thousands of casualties and it's an extremely expensive conflict. also succeeded i think in uniting the nato alliance. nato is much stronger today than many decades. it's draining russia man power and resources, and they cannot win. and if the ukrainians do succeed in defeating the russians, x it

will be a great victory over tyranny. >> you mentioned at the top of oufr conversation here, there is going to be a new prime minister in britain tomorrow, still among the same party, though. do you expect u.k. and british policy towards ukraine, towards this war to change dramatically as a result of a new prime minister or do you expect more of a maintenance of what we have seen? >> i don't expect to see any significant change in policy. boris johnson has been outstanding, and liz truss will continue the legacy. and if anything, she will be stronger than boris johnson on the russian front. russians dislike liz truss, that's a good thing, and also i think great britain in the

brexit era will play a role, as u.s. can leadership declines under joe biden, the biden presidency is weak on the international stage, britain will be a powerful force for freedom and liberty under liz truss. >> nile gardner, thanks for joining us. >> molly: democratic mayor of one of america's american cities now saying texas government abbott is manufacturing the migrant crisis. >> nearly 1300 migrants have died on u.s. soil, which is historic, never seen these numbers before. over 1300 migrants have died trying to enter this country, and that's what we know about. or ulcerative colitis symptoms are stopping you in your tracks... choose stelara® from the start... and move toward relief after the first dose... with injections every two months. stelara® may increase your risk of infections,

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n>> molly: 50 more migrants arriving in chicago from texas, as texas governor abbott promises to keep sending busses to sanctuary cities until the southern border is secured. chicago's mayor lightfoot blasting the move, saying he is using them as human pawns. >> he professes to be a christian, this is not the christianity and the teachings of the bible that i know. and i think religious leaders across the country are standing

up and denouncing exactly when. >> molly: rather impassioned attack. in moments, arizona congressman andy biggs will weigh in, first, garrett is live in eagle pass, texas, monitoring the latest on the border. garrett, to you. >> molly, the 50 migrants that arrived in chicago yesterday brings the total number sent by texas to chicago at a little more than 100, and to put that into perspective, maybe the equivalent of a single day's worth of crossings here in eagle pass, to say nothing of the other nearly 2,000 miles of border. but still, chicago mayor lightfoot is calling it a crisis already and now taking personal shots at texas governor greg abbott for bussing migrants to sanctuary cities such as hers. >> it's creating a human crisis and treating people without dignity, without respect. it's not what we are as americans. and frankly another

demonstration of unpatriotic conduct on the part of the governor of texas. >> governor abbott's office tells us those attacks are a pathetic political ploy and instead of lowly personal attacks on the governor and complaining about a few dozen migrants bussed into her sanctuary city, she kshould cal on president biden to take immediate action. this past week is an especially deadly one, at least 13 migrants drowning trying to cross. the mass drowning prompted border patrol to issue a special warning asking migrants not to try crossing illegally because of how strong the currents are after heavy rainfall last week. despite the warnings migrants continue to come across, including young children,

forming chains. the river levels are starting to drop, and the number of migrants attempting to cross is expected to go up once again. molly. >> molly: it's heartbreaking, dangerous situation there. thank you, garrett, appreciate it. now bring in as we mentioned arizona congressman andy biggs, co-chair of the house border security caucus, a member of the house judiciary and oversight committees as well. congressman, thank you for joining us today. we just watched the report. it's tragic and heartbreaking to see, we have just seen a mass drowning there on the border, the waters are high. i just want to get your thought on the situation right now as it stands along the southern border. >> molly, it's probably as bad, if not worse than it's ever been. last week i took members of congress down to yuma and they are getting 1,000 people a day they encounter, that's just the people we know, the people surrendering. and you have literally, and

that's a community of about 90 to 100,000 in yuma. this is going on across the southern border. it is -- it was 116° in the middle of the afternoon, felt like 120 and i didn't think anybody would be crossing and sure enough, we had three, a family of through from russia come across and surrender while we were there. the facility itself designed to hold 1200 to process is -- it was holding 2300, and that was a slow day, it was a slow day for them. normally it's about three times the capacity. and guess what, we were only able to send back 11%. the rest of those people go throughout the entire country, and i'm not even talking about the fentanyl yet, or the sex trafficking, etc. it is worse than ever, molly, and a humanitarian crisis at the border. >> molly: you bring us to this political back and forth that's going on with governor abbott

sending busses to sanctuary cities, new york, d.c., now chicago. here is mayor lightfoot weighing in on this. harshly creiticizing governor abbott. >> confirmed what we have known, a man without morals, humanity or shame. governor abbott's racist. >> molly: reaction to the personal sounding attacks from the mayor in chicago and the governor, on the governor of texas. >> well, she's got a sanctuary city policy so apparently she's only offering sanctuary to american citizens and not to the illegal individuals who are transported up there. believe it or not, people can't get on this bus or won't get on

the bus forcefully. so they are offered the opportunity to go to chicago, they choose to go to chicago, d.c. or new york. for her to say 125 people let into her city who came illegally into the country is overrunning her city or inhumane, i think it's hypocritical and every day we are sending thousands by bus or plane wherever they want to go into the country, and that's the facts, molly. >> molly: a few moments left. what should the president be doing, the administration be doing now? >> he needs to reimplement the remain in mexico policy, the first thing, most effective. >> molly: all right. thank you very much, congressman, appreciate it. thank you for your time. big hour of fox news live kicks off with karl rove, next. an comu and replace your windshield.

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department of justice and he says doj is reviewing this order from federal judge eileen cannon and will look at the legal steps in the process but as you mentioned it's possible doj could appeal and that will go to the 11th circuit court of appeals. this is judge cannon, she was a pappointed by the bench by chuck donald trump in 2020. she heard arguments from west palm beach, she met with federal prosecutors and after nearly two hour court session and a long weekend to think about it she made her decision issuing this order, a rare order from a federal judge on a federal holiday, she wrote "a special master shall be appointed to review the seize property manager assertions and make recommendations and evaluate claims for the return of property." she continued the government is in further review of any of the material seized on august 8th

for criminal investigative purposes pending resolution of the special master's review process as determined by the court. the government may continue to review and use the materials seized for purposes of intelligence classification and national security assessments. right now the director of national security or national rector of intelligence i should say avril haines and her team are working on an investigation to determine the classification levels of these documents. that does not stop, that goes on, do jay can continue that part of the investigation but the actual investigation into donald trump slows down. a special master could be a retired judge, an attorney, possibly the national security expert not connected to the case. the special master will need to serious high level security clearance given the nature of the documents. judge cannon wants to hear from the trump team and the government both by friday and the list of potential candidates to be the special master, molly, rich? >> david spunt major development we appreciate you digging

through all the details and laying it out, thank you. let's bring in now the deputy and company fox news contributor carl thank you for being here on labor day, pretty fascinating stuff. it appears to be a fairly clear victory legally speaking for the trump team, what does it mean politically? is this something we would hear him talking about at rallies in the weeks to come? >> carl: well, first of all what it will do a slow up the process. settling on who the special master is going to take some time, that is assuming the justice department does not appeal. i would suspect they would likely appeal. but he, let's assume for a moment that there shall be a special master, finding somebody with a security clearance, this requires somebody who has the ability to look at documents at the highest level of classification. so it's going to be difficult to find somebody who, it's not like let's go get a retired judge, let's go get a retired lawyer

who has a well-regarded reputation in the legal community for the area of law, now you're going to have to find somebody who has the security clearances that allow them to look at the nation's most classified secrets. so this whole process is going to slow up some. and that doesn't take into account the fact that we now have the claims of the former president as to executive privilege after he leaves office, and as to the nature of the documents themselves. so the good news for the political scene, at least for republicans is this has a chance to sort of get off the main stage and go into a period of relative hiatus as we enter the last couple of months of the campaign. unless the former president decides he is going to repeat what he did in pennsylvania over the weekend and that is to make it the heart and center of his campaign speeches throughout the balance of the fall. >> rich: president are you saying that he may not listen to his political advisors when it

comes to what to and what not to talk about? and further on this, you know, has the damage and away already been done here in that the narrative is already out there, the president had these boxes at his residence in mar-a-lago? >> carl: you are right, look. we have the situation which republicans have rallied to the president's side, democrats have rallied against the president, but problematically for the former president, independents are lining up more with democrats than they are with republicans. they are split, but still, the plurality in early polls and now the majority of polls side with the view that the president was incorrect in taking the documents and that the government was right to go get them. so, this is not a good thing for republicans. it makes the issue not joe biden but joe biden versus donald trump in that comparison. biden does better than when we leave him on his own. and on the second problem, you put your finger on it, we'll think about this. would've we been thinking about

since august 8th? have we been talking with the biggest inflation and for some odd years? have you been talking about that every single month that joe biden has been in office the real earnings of americans have slid because inflation is rising faster than wages? are we talked about the decline in america's savings? are we talked about growing anxiety? have we talked about recession concerns? no. we've been talking about the fbi searching mar-a-lago for classified documents periods of the damage, that damages are to been done. the question is going to be was a going to be from here forward? the trump team to the wise thing, i believe it was in wisconsin where they did a rally. they talked about the former president talked about inflation and national defense, crime, immigration and that went out the window and the rally in pennsylvania. and said it was all about the vast majority of it was about the raid on mar-a-lago. which i understand how important that is for the former president, but the issues that are going to determine the outcome of the selection to his advantage, to the advantage of

his party are going to be inflation and spending and government overreach and energy and immigration and crime. it's not going to be his feelings on the raid on mar-a-lago. >> molly: you know the president has talked about this and prior things as abuse of power. the fbi has gone too far. we are looking at potentially some legal action against the president were someone on his team somewhere down the road, if this special master is slowing everything down and pushes any potential legal action until after the midterms, could we find ourselves in a place where former president trump was out there doing rallies already has gotten to the point where he announces he is going to run for president, which would make him an active candidate for the presidency potentially one of the leading candidates, we don't know if that's going to happen. but where would that put the investigation? we are talking about an active potential's top contender who is announced. would that change things? >> carl: well, i don't know. i doubt it. i think the key thing here is

there going to look at apparently are increasingly looking at the issue of obstruction. we do know that they returned 15 boxes in january that had serious evidence, the fbi had serious evidence and indications at that point that there were more classified documents and the intonation is that someone inside mar-a-lago weather eight would be a staffer, a bystander, an intimate of the former president or secret service, we don't know. but that there were more classified documents. and then in june we received more documents from the administration and from the former president including a lot of debt classified documents, 184 of them, and there at that point given a certification signed apparently by christina bob an attorney for the former president saying we did a diligent search as required by the subpoena that we were served with. we affirm to you we found all of the documents that are consistent with that subpoena. we don't have anything more and

we didn't keep copies. they have evidence at that point that indicated there were more classified documents there. so, at least miss bob if she signed that certification she has a problem, adams avenue and connolly, the president's attorney who also basically said you can't search these boxes that are in the storage closet. he may have a problem with obstruction. than the question is did somebody tell them basically to mislead the fbi? if so, that is a very serious issue. but we don't know the answers to that and we are not going to know the answers to that on until they finished looking at the documents and the government makes a decision as to whether or not they have evidence sufficient enough to go after either one of the attorneys for the president, an agent of the president, or the former president himself. >> rich: call you but unpopular for setting president, inflation, a number of challenges here and yet you are beginning to see general ballot polls, democrats in some instances pulling ahead of republicans here. how much has this raid and the president talking about it, the

former president talking about it played into that? are there other forces involved here that have brought this into a much more even challenge down one would? >> carl: let's put this on a little bit of perspective first of all. i saw this and wrote about this last week in "the wall street journal." we seen a lot of celebrations on the democratic side, look at president biden's job approval ratings are rising. last week they were roughly 42% in the 538.com rolling average. at the same point in 2018, president trump's approval rating was 40%, less than two points less and the republicans lost 42 seats. do we really think a two-point difference between where trump was in 2018 and were biden's today will somehow vault the democrats to keeping the house of representatives as their advocates in the media and democratic operatives have been proclaimed? i don't think so. but is it helpful for us to have spent the last four weeks talking about things other than

inflation and paychecks and economy and jobs? and crime and immigration? no, it's not useful to be talking about things other than that, especially from republican perspective. and with this issue and how it plays out, the less we talk about the raid on mar-a-lago the better off we are. it gives us time to talk about the things that americans care about deeply which is what is happening around the kitchen table. are people finding it tougher to make ends meet? are they going to the grocery store and having to make choices they don't like making because things are too expensive? those are the issues that are going to determine the outcome of the fall election to the republican advantage. all the rest of the stuff gives democrats a reprieve or advantage if you will from the outcome what it otherwise would be. >> rich: think you very much for joining us, carl wrote. a >> carl: happy labor day. >> rich: you too. now to the family of a missing mom begging for help bringing

her mom home. >> molly: a man is charged with kidnapping eliza fletcher in memphis but she is still missing. her family offering a $50,000 reward to help find her. correspondent charles is live in memphis following the story, charles? >> hey, good afternoon, police say they have 38-year-old old khalil in custody. he's not giving up any details in terms of the whereabouts of 34-year-old memphis teacher eliza flesher. at this point there may be little the police can do about that, listen. >> we don't know if he has a lawyer, there's perhaps some negotiating going on behind the scenes. if he does have a lawyer. if he has invoked his right to remain silent and potentially's right to have an attorney, the chances are very slim that he is going to talk. >> for now, abstinence charged with especially aggravated kidnapping and evidence tampering with fletcher's disappearance.

his arrest came less than a day after they found it occupied those allegedly used in the abduction as she went for a run on the university of memphis campus. of four according to an affidavit this cell phone puts him in the area around the time security shows he should ran out of the black suv run aggressively toward the victim and forced fletcher into the passenger side of the vehicle during which there appeared to be a struggle. later on a man biking on the same path found fletcher's phone and a pair of sandals in the street. we are told the footwear was sent to investigators who linked them to abstin from a dna match through a previous conviction for serving more than 20 years in prison for it kidnapping in memphis lawyer at gunpoint. we do know of judge has granted abstin a $500,000 bail is expected to make a court appearance in shelby county sometime on tuesday, guys? >> molly: thank you let's bring in david rabe in criminal

defense attorney at prosecutor in nashville. he knew a man who was kidnapped by the same suspect more than 20 years ago. the suspect was convicted in that case. that a certain lease on we would like to hear more about so thank you so much for joining us on this labor day. please fill us in. >> the prior kidnapping case was an attorney i knew very well his name is kevin durant. apparently he was walking down the street of memphis, this individual this suspect and two juveniles abducted him, threw them in the back of his own car, and took him to a 7-eleven kind of place where he was going to use his atm card to withdraw money. a security guard came in, fortunately, and objected or whatever, and the security guard came to his aid. this man and the other two folks ran away. the sky was convicted and

sentenced to a think 20 years for kidnapping mr. durrant. >> rich: is a look at this case, sir, do you see a situation here where police are getting any sort of cooperation for the reason for the suspect to be cooperating? >> david: no, if i were representing them i would -- if the victim are still alive, it's a very peculiar provision in tennessee law that said if the victim is still alive and you aid and assist in the safe release of the victim that will significantly reduce her sentence. i'm sure any lawyer representing him would tell him that, and i fear given all the blood and the signs of violence, that may not be possible in this case unfortunately. >> molly: what do you think the police should be doing now at this point in time? and do you think this case may have had similarities with the other case you are mentioning the prior kidnapping the suspect

was convicted of that there was an intention to take this young mother because she was the heiress to a fortune and seek money as prior, but who knows what ultimately happened as she is yet to be found? >> david: i think there is no way this man could have known of her resources. i think this was perhaps a random abduction of someone at the university area. he could not have known of her fortune. so i think this was potentially could have started out as a robbery abduction, and then jogging she probably had no assets, it may have turned into something else. your question asks what do i think the police are doing? they have this guy's a cell phone. there is a way they can track every movement of this person by the cell tower hit scum of the paintings off cell tower.

the last two days and searching those areas to see if maybe that was where she was but i think they very aggressively following these leads as they should, but given all of the blood and that sort of thing around there, this could be just a horrible, horrible tragedy. given that he had kidnapped mr. durrant 20 years ago it was out of president less than two years, this may be a copycat offense. >> molly: thank you so much for joining us, we appreciate your insight as this case goes forward and you continue to think about the family. >> david: i sure hope i'm more wrong about that. thank you. >> molly: certainly. democrat run city who threatened to slash police funding rocked by its deadliest month in a decade. because knowing that your chronic kidney disease in type 2 diabetes could progress to dialysis is important. b is for belief that there may be more you can do.

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>> molly: another deadly holiday weekend in chicago, police say seven people were killed in dozens of shootings and a stabbing. cops say homicides actually down about 15% in chicago after heading of 25 heat year high last year. >> deadliest month in 15 years,

11 homicides in august according to numbers reviewed by fox news digital, it also reports so many have left the department this year, let's bring in france in seattle, so jason what's going on there? >> we are in the middle of the consequences of the defund an abolitionist movement. they decided over at the council and really at the state level too to change a bunch of laws to decide they know more than police do in policing is a mass exodus of officers and criminals taking advantage of the lax policies. when you have that intersection it means, unfortunately, a lot of victims. >> rich: is there an effort to continue this? is there an effort to move in a different direction, where our citizens and voters? >> jason: those are two questions because on one hand you have politicians who are pretending none of this is happening. you have a mayor who is involved in trying to get this back in

the right direction, but is still facing resistance from the seattle city council. now, from a voter or constituent perspective it's a little bit of a mixed bag right now. you have some voters clearly stating when they decide to elect the first republican to a citywide office in 30 years, and davison the attorney, she ran on a campaign of actually going after criminals and actually punishing and jailing them. however, you still have a considerable portion of the population that is just backing the anti-police wing of this council, and they are constantly butting heads. so we are kind of at a position where nothing really is happening, no significant changes in either direction. that is obviously a bad sign when we are talking about the amount of crime happening. >> rich: there is some on the city council that maintained the real reason they're having trouble hiring officers is because it is just getting too expensive in seattle for police officers. how much is at play in rete retention? >> jason: that is absolute nonsense. certainly true that the officers

right now are working without a contract and they would like to see better pay, but that is not the reason so many officers are leaving. the one way to find out is to look at the exit interviews, which are all public want to ask for them. exit interview after exit interview says the exact same thing. they don't want to work in a city that loathes police officers. they don't want to work in these circumstances where they're called racist. you have democrats passing laws on policing for example a ban on almost every single vehicular pursuit that could actually happen, so that means the bad guys are taking advantage come we've decriminalize drugs which means drug dealers are taking advantage, and the officers didn't sign up to work in a city or a state that doesn't allow them to actually do their jobs. >> rich: are people leaving seattle? what's happening? >> jason: yeah, people are leaving seattle. with a slight dip according to the last senses, some of them are moving interstate so they're moving to the east side of the state. they're moving to places frankly

that are a lot more affordable with less crime. a lot of folks are also leaving the state, going to idaho, texas, florida, we have seen the numbers. bear that out nationwide. we aren't seeing a huge exodus this point, but we are seeing a lot of businesses decide and they're just going to go across the water into the city of bellevue which is about 10 minutes away from seattle. have a council and a mayor that is very much pro-business and pro-police. so they are saying amazon for example has relocated thousands of jobs to the city of bellevue. when you go into downtown seattle in certain neighborhoods that amazon used to be active, it's becoming nearly a ghost town. starting to correct a little bit but the crime is clearly pushing people away. >> rich: thank you for joining us, jason rantz. >> jason: i appreciated. >> rich: mali? >> molly: more than a dozen states follow california's lead by banning the sale of gas powered vehicles. out kick founder play travis up next.

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>> rich: just an awful story out of berlin, officials say they were called to this apartment building in the german capitol yesterday morning to find a man attacking a woman with an ax. officers shot and killed the suspect come the woman died at the scene. no word on the motive. molly? >> molly: now the manhunt. now to the manhunt underway with for these two suspects on the run after killing at least ten people in a string of stabbings in canada. respondent loose the to lucas tomlinson has the latest. >> molly, canadian police have charged the two men with murder and issued warrants for their arrest after the mass of stabbings and they killed ten people. authorities say at least 18 were injured an increase from 15 earlier. the attacks took place over an indigenous community in the canadian province of saskatchewan. the provinces about the side of texas. police continue to warn residents around the provincial capital to stay home.

the police also urging the public to come forward with any tips that lead to the capture of the two suspects. >> we are taking all steps possible to track these individuals and any information that comes in from the public or other sources that we obtain the information we are following up on that information immediately. >> police have i did the two suspects is 31-year-old damien sanderson and 30-year-old miles sanderson. authorities say they could be driving a black nissan rogue. the motive remains unclear, police say drugs may be involved. is not clear of the two men are related despite state domain sharing the same last name. the royal canadian counties police they say in the village of weldon. please continue to comb the area on day two trend of the massive manhunt. can the prime minister justin trudeau with the flags at half-staff and expected to speak shortly sending in the statement "as canadians we mourn with everyone affected by this tragic violence and with the people of

saskatchewan. we also wish wish a full and quick recovery to those injured" right now at two suspects remain on the loose and are considered armed and dangerous, molly? >> molly: lucas, thank you. 17 states are debating whether to adopt california's electric car mandate by the year 2035. a decision that could ban nearly 100 million americans from buying new gas powered cars. some democrat run states are facing pushback to this idea. the head of the minnesota auto dealers association argue electric cars "don't perform that well in cold weather adding we don't all live in southern california." let's bring in out kick founder clay travis to talk about this chemically i want to get your thoughts on this as a practical matter for the people of california. >> clay: thank you for having me. happy liberty to everyone out there. and california right now is wanting people to limit their electricity because they can't

handle the issues associated with high temperatures all over the state were now. so, if you're relying on the idea that you have to be able to get into your car and drive to work or drive your kids to school or just do many of the things we consider to be part of normal life right now, effectively california is telling you not to charge the electric vehicle and that's the biggest issue i think with any mandate coming out is effectively the same week were california announce who are not going to be able to buy gaspard vehicles anymore, california also let it be known that they don't have the ability to handle the grid demand that they are dealing with already. how much more demand is there going to be if everybody is having to plug in an electric vehicle? and how much more chaos could this potentially unleash given what we have already seen of the wobbly california power grid? so i think the idea of a people want to buy them, if they are wealthy enough to afford electric vehicles which run i believe over $60,000 on average

msrp, that's fine people should be able to make their market based decision. but the idea that every state should mandate what type of vehicle you should buy or how it should be powered is frankly, in my opinion, madness. >> molly: the cost for an individual is one thing the broader infrastructure across the country as another. there is an amazing story out of west virginia integra county of an electric vehicle that broke down just over the weekend off of corridor h where a bunch of coal miners had to help push the electric vehicle near the coal mine to charge back up so that those tourists in the area could enjoy the rest of their vacation which begs the question, if you or someone in california that owns an electric vehicle because he had no choice but to buy one under a mandate and you try to drive somewhere else across america, what if all the other states are not on board with something you've been told were required to do? what does this mean for californians if they want to go somewhere else around the country?

>> clay: that's a fantastic question it makes me wonder how many car dealerships will open up across selling to californians the gas cars i'm curious the law there but there is a great "wall street journa" piece here, i don't know if you saw it it kind of build on what you're saying about the west virginia situation. a couple people decided they wanted to drive their electric vehicle from new orleans to chicago and back only using electric vehicle charging stations along the way. and it was miserable and virtually impossible to do so. the charging stations didn't work, it took a long time for people to be able to charge, you were sitting around forever with what coach should have been a multi-day vacation turned into a nightmare and as someone who just got back off the road from labor day and was able to pull into a buggies which had 250 i think places where i could fill up my car, i am not very eager to be taking car trips in an electric vehicle when there is an ease and abundance of

gasoline stations all over this country right now. and i don't have to worry about getting stuck like cabin in west virginia or that couple that tried to drive from new orleans to chicago and back in the center part of the country frankly that isn't prepared for that yet. >> molly: real quick because there are 17 other states also contemplating this. you could say those of the folks in california, not from california will be forced to do that but if there are 17 other states thinking about this, you know, should people around the country be concerned as they are looking at this is an issue? >> clay: here is the easy question for ready out there. do like when the government mandates that you buy something? i think most people out there say they don't. do so if i were in the legislature in something other states were people theoretically are still saying is a post of the banana republic of california which is gavin newsom in charge and has lost its mind i would be advocating for my local political representatives not to mandate what type of vehicle i should be forced to buy back.

>> molly: thank you so much, we appreciate you joining us on labor day. >> happy liberty to you as well. >> rich: today marks the unofficial day of summer end of summer and for some companies the end of work from home, that's next. this is john. he hasn't worked this hard to only get this far with his cholesterol. taken with a statin, leqvio can lower bad cholesterol and keep it low with two doses a year. side effects were injection site reaction, joint pain, urinary tract infection,

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while other allergy sprays take hours. and astepro is the first and only 24-hour steroid free allergy spray. now without a prescription. astepro and go. >> molly: the line in the corporate sand, that is how "the wall street journal" describes the end of labor day for some business leaders who

say the unofficial end of summer means it's time for workers to return to the office. joining me now is cultured market analyst and founder of guildford and company, dan, thank you so much for joining us on this labor day. we appreciate you coming today and giving us some of your time, i want to get your thoughts on that. is it over question worked as everyone have to go back to work now? >> dan: i wouldn't say it is over and everyone has to go back to work, but what i will say is this. it really depends on what the market is going to do. and i mean the job market. that determines who has the leverage. so, if these companies are going to draw lines in the sand and say hey, you have to come back to work in the office, while employees may accept that for a period of time unless they can find a job somewhere else that gives them what they want. and if that happens and

employers find themselves being short on workers, well they are not going to have a choice but to have to bend on that a little bit. so, it really is going to depend on what happens with the job market. >> molly: all right let's talk about when there is a really, really big money involved. this is a quote from "new york post" banks pressuring, the pressure for workers to get back into the office, ceos at top banks where the acceptance rate to get a coveted job is as low as 1.5% feel they can finally lay down the law and the likelihood of a long-lasting recession coupled with the recent waves of layoffs have shifted the balance of power to employers. now, is that true in the case where if it's a really high-paying hard to get the job they might have you over the barrel but then, like you mentioned, if it's something where there is a competitive salary somewhere else, you might lose that employee? >> dan: that is very true. but in this particular instance, we are talking about high-paying

jobs. like anything else employees have to weigh out that work-life balance and based on how much money they're going to be making. and i think, in those types of jobs, you are going to see that employees are going to go back to the office and they are going to stay there simply because they are in some pretty thin air there where you are getting these law of salaries. >> molly: that's absolutely true. i really appreciated, thank you so much for bringing us your insights on this labor day. somebody out there is making the big bucks and we will probably stick with that gig. we appreciate it, thank you. >> dan: thank you. >> rich: president biden's battleground blitz is coming up next. ♪ ♪

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>> rich: president biden now en route to a second battleground stop of the day after those remarks in swing state, wisconsin. he is headed to pennsylvania, his third appearance there in less than a week. white house correspondent peter doocy his life in west mifflin pennsylvania, peter. >> peter: president biden told me on friday he doesn't have anything against trump supporter's who bought into the trump campaign's prior to january 6th capital right, but he still talking a lot about these so-called maga republicans even giving them a new nickname. >> president biden: but here's the point. the biggest contrast from what maga republicans, the extreme right, the tr trumpees, they're coming for social security as well.

>> peter: trumpees from the president is a first but not new, hesitating to be seen on their campaigns are with the president including in wisconsin mandela barnes but the man in charge of keeping the house and midterms is explaining why he thinks that is now changing. >> you better believe we will stand with the president and say we passed in a bipartisan way. better roads, better bridges, better health care for our veterans. >> peter: democrats are buoyed by recent legislative winds like the chips act and the climate and tax bill they called the inflation reduction act but republicans contend there still in good shape. >> where are you losing momentum right now? >> i don't think we have. certainly i think some people needed to understand that a year ago was not going to be today. as you know i talked about getting past of the labor day weekend whenever buddy starts to engage and i like where we are at. >> peter: this is president biden's third trip to

pennsylvania in the last week but it's the first the democratic john fetterman chose to appear alongside the president and he put out word through local media when the president gets here he wants to talk him into the glazing. rich? >> rich: okay, let's see if he is successful, peter doocy from pennsylvania, let's bring in matt corbin former aide to mitt romney and jeb bush. welcome back, the president just about touched down in pennsylvania there, we have one heck of a race ongoing with john fetterman the lieutenant governor, he's led the polls consistently since a primary scum what's going on in pennsylvania especially given that the president has pretty supported poll numbers here and is that what is happening there contained in pennsylvania? >> matt: you know, pennsylvania is one of those states i will be watching very closely election night. if we are winning or have won the senate race i think we have

a very good shot of winning the senate. if not, a little bit of trouble. to your point, look, i think if you ask most folks always was down most of the summer. he shrunk the gap to single digits. i think most folks attribute that to a great emissive primary, but federman is getting on defense a little bit now. he is ducking debates, curious to see what is a appearance is like with president biden today. i would expect the race to shift a little more towards odds. >> rich: the president as you are just there trying to tie republicans, all republicans to what he is now calling a trumpees, is the president successful in the effort and if he is successful in doing so is that going to be an advantage for democrats going in midterms? >> matt: you see, the problem with that is he forgets 74 million americans voted for president trump. he is going to need quite a few of those to vote for his own candidates democrats if he wants to keep the house and keep the

senate periods are not really sure why he is trying to divide and to disassociate himself with potential voters he wants on his side. and also, remember this is the same person a pledge to be a uniter in his inaugural address. it does sound like he is uniting folks they are. >> rich: so today it's with wisconsin and pennsylvania part democrats call and maybe still do with the blue wall which mostly had to do with blue-collar workers and if one group has left that party over the last decade has been blue-collar workers. is this an effort to try to bring them back to the fold and can they do it? >> matt: he is going to have to. he will go to pennsylvania today and portray himself as an ally of blue-collar workers and working class but here's the deal. grocery and gas prices are up. wages are down. inflation, and hit it is not in touch with reality for him to link arms with blue-collar workers. again, the american workers have been hurt by t the by no administration quite a bit in

the last two years. >> rich: do you think with what we have seen with the rate of mar-a-lago, the special master, the story ongoing for about a month now, do you think that has distracted at all from the message republicans are trying to put out there and now that you're seeing that process slowed down a little it potentially with the naming of a special master that that could favor republicans? >> matt: you know, he put it best that this could be the grocery and gas election i tend to believe that true as well. i mean, look, i don't think people are voting on what is happening with doj and mar-a-lago and the like. i think people will be focused on their pocketbooks and what is in front of them. >> rich: think you for joining us, matt. >> matt: thank you so much. >> rich: molly? >> molly: severe weather turns deadly in some parts of the country, that coming up next. ♪ ♪

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wrap their arms around us, could we put little handles on our jackets? -denied. -can you imagine? i want a new nickname. can you guys start calling me snake? no, bryan. -denied. -how about we all get quotes to see if we can save with america's number one motorcycle insurer? approved. cool! hey, if bryan's not gonna be snake, can i be snake? -all: no. >> hunters are under an evacuation order where a fast-moving wildfire toured through killing two, severe weather also had endured were parts of the state or under state of emergency, due to flooding. >> rich: fox meteorologist adam klotz is tracking it all for fox weather center from adam? >> molly, richie, you said it. both sides of the country dealing with all driven with extreme heat it is hot and dry

and can be needing to see heat alert that will be lingering all the way through wednesday. extensive heat warning soul of california and then stretching up into the pacific northwest across nevada, we could see ing tomorrow, temperatures as high as 107 degrees in this area on top of being dried come on top of being a little windy, that's when wildfires start to pop up. you see some warnings in southern california but it stretches up across portions of washington and back across montana, all areas where wildfires could get going here in the next couple of days because it is so bone dry. you see completely clear radar on the western half of the country, the only place we are seeing rain and fortunately a lot of it is across porch and of the eastern united states, a cold front sweeping through. we'll be cooling off on the backside of this but it is at times bringing heavy rain, we saw that yesterday across portions of georgia and unfortunately that is going to continue in the week ahead. this is your rainfall that it's going to be falling additionally, so we have already seen ground saturated perhaps another five or 6 inches on the

ground of georgia so more flooding potentially on the way. of course we will be watching that, molly, rich? >> molly: all right, adam klotz, thank you so much of thank you for joining us it was wonderful to work with you, rich come on this labor day. >> rich: terrific working with you too come i'm rich hence in your starts right now. your world starts right >> time to get back to work literally. hello everyone i am in for neil cavuto. this is a special labor day edition of "your world with neil cavuto." more companies are bringing employees into offices and scrapping main world. let's get the laide latest from madison. >> it is the begin for companies an i cross the country. many companies are