>> this is the place. besides where you are now, which i'm sure is great place, this might be the second best place today. north carolina. >> they will make it a great day where they are. we hope you do the same wherever you are. carley, thank you for joining us. >> stay within yourself. >> see you tomorrow. >> bill: thank you, guys, good morning at 9:00 in new york. brand-new power rankings from fox news. republicans said to be in good position for the mid-terms. democrats might have a path, might have a path to keep the house as we say good morning on this tuesday. i'm bill hemmer and great to have you with us today. good morning to you. >> dana: ifm owe dana perino and this is "america's newsroom." it will raise eyebrows. >> bill: we'll explain. >> dana: the latest forecast shows the gop winning a 13 seat house majority, three fewer than predicted in august. >> bill: for the first time

this election cycle the house is said to be in play. best case scenario for democrats they would have to win all 30 toss-up races. a big challenge. that would give them a razor thin majority at 219 seats. >> dana: top concern driving voters to the polls is still inflation. the issue favors the g.o.p. >> the future of democracy and abortion not far behind. democrats hope those issues give them an edge come november. >> dana: we have reaction from axios senior political correspondent josh. >> good morning to you. we're sfwerg the homestretch of the mid-term elections. latest data shows there are a lot of toss-up races worth watching nationwide. democrats and republicans trying to make these races about two very different issues. of course prompts the question which party will have the winning strategy when they go for control of the house and

senate? for the house republicans are slated to take control but team projects 30 house races considered toss-ups. there are a few notable ones including alaska. one house race for the entire state. colorado the newly created eighth district northeast of denver remains up for grabs. back east in virginia around norfolk in the second district a seat currently held by the democrats. it is in play for both parties. a lot to watch right there. a closer contest in the senate. right now the senate is evenly split. republicans have a slight advantage going into november. there are four races considered true toss-ups which will determine who gets control. our data shows the races are arizona, georgia, nevada and pennsylvania. essentially those seats could go either way. team also closely watching the senate race in the buckeye state of ohio. data showing leading republican the author vance is leading but tim ryan is also gaining in this final stretch.

we're also watching 36 governors races across the country. the latest data shows republicans looking stronger in the peach state of georgia while pennsylvania race we've been talking about for so long now closely leaning to democrats' favor for the governor's race. the race is considered a toss-up in arizona, kansas, maine, new mexico, nevada, oregon and wisconsin. democrats trying to make the races about access to abortion. gop shifting it to education, economy and crime. oregon is something we're watching. it is a three-way race. record amount of money being spent and some democrats believe the vote may end up being split between the party's nominee and independent in the race and could give the republican candidate a true shot at victory. quite a victory. the last time oregon had a republican governor in office is in 1987. i had to look that up. bill hemmer knew it off the top of his head yesterday in the meeting so i had to throw that in right there. >> dana: he gave me a lesson

about 1986 yesterday. >> i wasn't even born. >> dana: i'm sure. thank you for that. >> bill: enough of you two, okay? republicans in a real good spot here. we believe as of today 216 house races among republicans are in the solid red category. remember, the majority now is 218. that's your magical number as we go forward. let's go forward on the map and show you more about what we think could be the potential if republicans were to have a great night versus democrats having a great night themselves. remember we mentioned all the toss-up races. if the democrats would win all the toss-up races they would be at 219 and have a two-seat majority in the house if they were to run the table on all those. if the republicans do it you see the majority could be for someone like kevin mccarthy, potential house speaker 246. that's what we see as of today is our best guesstimate now for the republicans and democrats in the house. on the senate side this is where it gets very interesting.

to our viewers at home come election night a long night to determine who controls power in the u.s. senate. 49 republicans solid seats. for the democrats they have 47. middle four toss-ups. majority, simple majority is 50. let me come back to the toss-ups. best case scenario for republicans as we see it now would be 53 seats in the senate. it would be really quite a shift in washington and in congress. for democrats, best case scenario as it stands today we see it at 51. they're at 50 right now. they could be best case scenario 51. come back to the toss-ups. dana, this is where the action is going to be come november 8. this right here is where the drama will be. arizona and georgia and nevada and pennsylvania. we'll go through all those

races over the next 49 days plus. seven weeks away. >> dana: i think the light blue and orange will be super interesting. let's bring in josh kraushaar. democrats at 44, republicans 41. if you were to vote today do you want republicans or democrats in office. as i recall, josh, that number is pretty good for republicans. let's see how you think about the race right now. >> well look, when we talked about the mid-terms a few months ago it was a category 4 hurricane that was going the wipe out the democratic party with majorities in both the house and senate. it looks like a category 1 storm. a good environment for republicans. the 231 number that the fox power rankings show in the house is basically the same number that the republicans won

in 1994 when newt gingrich. number one, weaker than expected nominees for the senate that bill was going over. also you have the abortion issue that energized democrats to the polls in a way we haven't seen in quite some time. democrats and republicans are energized. they are focused on cultural and independents are leaning republican focused on the economy. >> bill: the main issues we find today. inflation number one clearly at 19%. behind that you have abortion at 16%. but economy and jobs relate to inflation. if independents care about those issues, 1 and 3, republicans could have a good night, josh. >> that's right. democrats have made up ground because their base is showing up. the independent voters are the ones feeling the financial squeeze. they are really worried when they go to the grocery store when they are paying higher prices at the pump and they are

taking it out on the party in power. biden's job approval numbers with independents are still in the 30s. republicans have an advantage, a narrow one with independent voters and that will tip those toss-up races into the republican columns assuming things stay the same up until november. >> dana: democrats boosting people they consider right wing fanatics and extremists but put $53 million into races to try to boost them so those individuals would become the general election candidates. six races where they've meddled and worked for them. and then three -- new hampshire senate another one and a couple of house races. some people might consider it unethical. was it strategically smart for the democrats to do that? >> well, in the big picture one of the big democratic arguments is that republicans will destroy democracy and these

candidates are so extreme you can't let any candidate be on the ballot on the republican side on the maga wing of the party and they spent $53 million boosting some of the most maga-oriented candidates because they thought it was a way to win the elections. on a microlevel they'll have a better chance of winning the six races where they got more -- less electable republican nominees through. in the big picture it does undermine the argument that democracy is the biggest issue in this campaign when it was democratic money that was spent, quite a bit. boosting the same republican candidates. >> bill: funny how that works. nice to see you. join us again soon, okay? thank you. >> thank you. >> bill: much more on this. rnc chairwoman ronna mcdaniel sits down with us at the top of the next hour. >> dana: the white house doing some damage control over the president's preponderance answer on 60 minutes. it was his first formal

interview in seven months and the contradictions were plentiful. >> it's the highest inflation rate in 40 years. >> president biden: i've got that. guess where we are? in a position where for the last several months it hasn't spiked. it has just barely -- been basically even. >> is the pandemic over? >> president biden: no one is wearing masks, everyone seems to be in good shape. the pandemic is over. >> would the forces protect the island? u.s. forces, u.s. men and women would defend taiwan in the event of a chinese invasion? >> president biden: yes. >> dana: there is a lot there. you'll see the answer on inflation you'll see that in a lot of republican messaging between now and election day. pandemic thing, apparently nobody in the white house who was there for the interview watched the interview alerted the covid response team to the comments. so most of those people, the doctors, etc., learned about it

from the media and you can see in the mixed coverage they aren't happy. >> bill: that's a problem. "wall street journal" writes is the pandemic over or not? i knew the pandemic was over when uber said no more masks in the car, you are free. that has been some time since we were all wearing masks. >> dana: something that happened this morning. i saw this guy wearing a mask, fine, whatever you want to do, full n95 man walking across the street walking against a red light and almost got hit by a car. you have to think of your safety in a holistic way. >> in the same interview president biden cast doubt whether he will run for a second term. that caused ripples. will it help or hurt his party in november? kellyan con ray and mark penn will answer it. >> dana: a man goes berserk with a patch et inside a new york city mcdonalds. >> bill: illegal border

crossings shattering another all-time record. a border rancher will tell us how it is affecting people like him as he tries to live day-to-day as the white house remains in denial. >> the border is secure. >> the border is open. it is open because we enter, we come in. free, no problem. we're illegal, not legal. think miss 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. ♪ ♪ ♪ ♪

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>> dana: it is official. customs and border protection tells us the number of migrant encounters at the southern borders have topped 2 million this fiscal year-to-date. the highest in u.s. history. the administration insists the border is secure. bill melugin live in eagle pass, texas, with more. hi, bill. >> good morning to you. that's right. the crazy thing about this is

2.1 million yes is the highest ever recorded. but we're not done yet. that's only so far through fiscal year 2022. we still have one month left to go. that number is just going to keep going higher. we'll get into the brand-new numbers. look at the graphic here. cbp reporting in the month of august there were just over 203,000 illegal crossings at our southern border. that brings the total for fiscal year 2022 so far to 2,150,378. again, the first time we've ever hit 2 million in a single fiscal year and doesn't account for the more than 500,000 known gotaways we've had and crushing last year's record. fiscal year 2021 set the previous record at 1.7 million. we're well past that. the second graphic talking about the gotaways. cbp sources tell us since the beginning of fiscal year 2021 there have been more than

900,000 known gotaways that got into the country without being caught. that's a population bigger than the city of san francisco. as you look at the video we shot in eagle pass in recent days. the del rio sector the busiest. the bear county sheriff is launching a criminal probe into florida and governor ron desantis's decision to start flying migrants from texas to martha's vineyard, the sheriff said the migrants were lured and this investigation is, quote, not a political decision. well, florida and governor desantis are pushing back saying every migrant who got on that flight did so voluntarily and signed voluntary consent forms and put up in accommodations before the flight. they got hotels, showers, haircuts, food, whatever they wanted and that these people were sleeping on the streets and homeless in texas before they took these flights. take a listen to what both the sheriff and governor desantis are saying about this.

>> at this point i'm not able to definitively say here is the statute they broke either federal, state or local but what i can tell you is it's wrong, just from a human rights perspective what was done to these folks is wrong. >> these are people who were destitute and put in a situation where they could have succeeded but that was all virtue signaling. not only did they not welcome them, they deported them the next day with the national guard. >> and dana, governor desantis's office is also firing back at that sheriff pointing out that this last june it was his jurisdiction in bear county where 53 migrants died in a trailer in a horrific human smuggling incident. we'll send it back to you. >> dana: thank you for the update. >> bill: border state residents say their livelihoods are being affected. a rancher from texas joins us now. as the bird flies you are 50

miles from the border in del rio, texas, i believe i have that right. >> that's correct. >> bill: what do you make of this debate about migrants being flown to different parts of america including martha's vineyard? >> well, you know, in our situation anywhere is better than probably what they're doing out here sleeping on the ground, not having any place to go. those people need a place to go and the issues that we're having out here have gotten worse, not better. i've been complaining and everyone has been complaining. the numbers are up. i have ranchers telling me numbers of 100 plus a day. here it is nothing for us to encounter 10 to 20 a day on the roads that we travel. you know, all those people are not staying here. i have said this before. they are coming to a city near you. they will be a burden on your pocketbook instead of mine. they have already been that for us. it is every day digging deeper to pay for all these problems. now all that stuff is coming to

your town. they aren't staying here. >> dana: pull up call for number two. southwest border encounters 2,150,000. 900,000 gotaways as bill melugin just reported. how for you and your ranching business, how have things changed for you in the past couple years in terms of how you apartment every day and how you've had to adjust to get your ranching done but protect yourself and your family? >> everything has changed for us. i can't even explain how much. every day we have to have someone checking water. they the end to leave our water on, turn our electric off, break our pumps, break our pipes going down into our wells. turn valves on and off that is used for livestock and wildlife. not to mention the fence issues. but those aren't the big issues now. the big issues are now we'll afford this as a country.

>> bill: that is a big issue and a big question. recently vice president kamala harris said the border is secure and she also said there is still a lot of problems, however and they're trying to fix given the deterioration that occurred over the last four years. what was it like under president trump versus the last two years under president biden? what have you personally experienced? >> well, when trump took office, i don't think anyone will argue it was like turning off a faucet. we didn't have issues like this. we didn't have numbers like this. it was not 10, 20, 30, 50, 100 a day a week. none of the high speed chases, no dps having to be here, no people from all over the state of texas trying to come prevent these problems for all of us, which we appreciate greatly.

but it has just created a total disaster for every small town on the border and every rancher that's near the border. i'm 50 miles give or take from del rio, 60 miles from eagle pass. i get them from both places. a lot of people walking and a lot of people just smuggling and dropping off on the highways. not to mention the drugs and all the problems we're having with these criminals. i read last night 782 dead. i can tell you there is way more than 782 laying in the brush that no one has found this summer. >> dana: when you think about the media attention that this issue overall is getting, which is i think very limited actually, mostly to fox news and a few other outlets. but when governor desantis and abbott and deucey have said let's make other people pay attention by sending migrants to d.c., chicago, new york, and even martha's vineyard, do you get a sense that the media will

finally pay attention so we can maybe get to a place where we finally try to solve this issue? >> dana, i've been flabbergasted by the folks who have come to visit me from back east or even east texas. they have no clue was going on. they think we're -- all this stuff is hype. when they start seeing people walking across our property they are like are those illegals? unfortunately for the people walking, a lot of them are in dire straits but for us, we just can't keep this up as a country. when they give you a number of 2 million and 900,000 gotaways. we aren't catching 1 out of 15 in the brush and most anyone will tell you that's still low of what is being captured. the number that got away is unparalleled. >> bill: thank you for your time. we appreciate your perspective and sharing with us at our

viewers. >> dana: hope things get better for you. >> he is from texas. >> dana: hurricane fiona hammers puerto rico. most of the island is without power. we're live in the storm zone next. california governor gavin newsom may have his sights on a higher office. will he run for the white house in 2025? kellyanne conway and mark penn on that and more. with prices going up and up, it's more important than ever to have extra cash in the bank. and for veteran homeowners, it's as easy as one, two, three. one: call newday. two: talk to our team to see how much cash you can get. three: borrow up to 100% of your home's value with the newday 100 va loan. with home values near all-time highs,

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>> bill: at least two people dead. millions without power after hurricane fiona pummeled puerto rico. the national guard rescued about 1,000 people in puerto rico where the storm dumped more than two feet of rain still hammering that island. fox's weather will nunley is in puerto rico with more today. will, hello. >> yes, incredible numbers you ran through here.

the reality on the ground. the overwhelming amount of water that fell with this storm. the national weather service office in san juan putting 30 inches of rain falling as some of the totals we're seeing. incredible amount of water. it has led to scenes of overwhelming flooding con sooupg some neighborhoods. there are still rescue operations john going do as we speak. now the rain has ended here. we have some sunshine. rescue workers and utility workers can complete their emergency stage of work at this point. some promising news on the electric front, leuma energy that powers the electric trick grid says they are able to restore 280,000 customers overnight. a big dent in the 1.1 million customers they're trying to bring back online. remote areas of the island will still take time. federal authorities rushing in aid with 300 people coming in to assist with the rescue and recovery operations here. meanwhile fiona is

strengthening. a category 3 with sights set on bermuda. we have a crew on the ground and monitoring the progress as this powerful storm continues north. so much cleanup to do here on the ground on a painful maria anniversary. we'll keep track of it all for you on fox weather. >> bill: good to have you there. we'll check back in as we get headlines from puerto rico. thanks, will. >> president biden: it's much too early to make that kind of decision. we'll do that job and within the time frame that makes sense after this next election cycle here going into next year make a judgment on what to do. >> i take it the decision has not been made in your own head. >> president biden: my intention as i said i would run again. it is just an intention. is it a firm decision that i would run again? that remains to be seen. >> dana: president biden suggesting he might not run again in 2024 after months of insisting it was his expectation to seek reelection. his economy faces another test

tomorrow when the federal reserve announces its decision on rate hikes. let's bring in kellyanne conway and mark penn. i want to show you quickly how the white house has gone back and forth on whether he is running again. >> president biden: yes, my plan is to run for reelection. >> the president has every intention of running for reelection. >> joe biden is running for reelection and i will be his ticket mate. full stop. >> listen, the president has been very clear that he intends to run again and if he does, i will be running with him probably. >> dana: do you think that the president has not made up his mind yet? >> i think there is a practical reality if the democrats get wiped out in the mid-terms, and only less than 40% of democrats now select him as the potential nominee, that as a practical matter he won't be able to run.

if the mid-terms turn out pretty good, very close, i think he will have a real option. but i think it's important to understand legally they say i intend to run. once they say i'm running it triggers all sorts of statutes. there is a good reason why they phrase it why they do. i think he intends to run unless the mid-terms are a wipe-out. >> dana: what do you think the considerations will be as he makes that decision, kellyanne? >> let's not forget president obama and president clinton got wiped out in the mid-terms and won reelection campaigns. i think mark's second point is the salient one. biden has so much rancor and rejection from members of his own party. you have seen the polls. majority of democrats say they don't want him to run in 2024. it sounds like big names in democratic party like newsom of california may be one of them.

i also think for joe biden right now the question is how many of these candidates really want him on the stump with them in these remaining seven weeks? so far they aren't beating down the door saying please campaign for me. the question for those who want to run against joe biden or in his place it's simple. did you push back on any of his wild spending? are you pushing back on the lies that the border is secure, that inflation is being reduced? that putin is not going to invade ukraine? all these things were not true. there is no big name in the democratic party right now, i believe, who is a moderate who can say i will bring my party back to the center to be more aligned and in sync with the american people. it is a fascinating time. his hesitation is causing as much confusion as saying the pandemic is over. >> dana: if we had 15 minutes we could go a long way. voters say biden is incompetent. fox news poll just last week. only 38% think that he is

competent. with that number it says that you are in trouble. he is underwater on every major issue. climate change, energy policy, foreign policy. those are the ones he has in his favor barely. but economy, immigration and inflation where people are really focused, i would add crime to that. republicans have the edge there, mark. so let me ask you this. as we have the fox news power rankings that came out there is a very narrow path that the democrats could use in order to get to keep their majorities. what do you -- how do you see things now? >> well look, there is no question that the president's ratings are, you know, even pleasantly put a disaster especially on all the issues. his job rating is above it. he is fighting back and showing up on all these interviews and he is on the stump and making the case that maga republicans, you know, are evil. you know, he is out there for the first time in his

presidency out there fighting as opposed to ducking. so look, i think there are two elections going on. one about inflation, immigration and crime. another about climate change, abortion, and racial justice. and you see that these races have tightened in the democratic favor a little bit so far. i think you have to watch the polling in the next couple of weeks but that's the trend everybody is seeing. >> dana: what trends do you see kellyanne in the last minute here? >> sure, dana, this week something very important is going to happen on friday. the republican house members will go to pittsburgh and unveil their commitment to america. leader mccarthy. i think it's an important moment for the republican party in getting the majority they need in the house because they will talk about a future that is free, neighborhoods safe, economy that works for everyone. all the issues that the fox news polling and everybody polling says are most important to voters. by the way, voters tell us what's important to them, we don't tell them. i think democrats trying to run

on trump and abortion that failed a year ago. terry mccauliffe wanted his old job. he was running on trump and abortion. youngkin responded with virginia and education and masterful and successful. we'll see what happens. i think the republicans are well poised to take over the house and the senate a slight favorite toward democrats. the polls in 2020 predicting the demise of five republican senators who all got reelected had them all outside the margin of error and won comfortably. i have to course correct for the polls to tend to underrepresent independents most of the time. >> dana: under 60 days to the mid-term elections. thank you both, see you soon. >> bill: fox news cameras rolling as border agents find bundled or suspected fentanyl pills hidden inside a gas tank on a pickup truck. a live report from the border

coming up in a moment. plus there is this. give it a listen. >> the president saying the pandemic is over is just kind of mind-boggling. he wants tens of billions for covid and he says the pandemic is over. >> bill: how will that work out? >> dana: i don't know. >> bill: pandemic is over after using it to justify federal spending and student debt relief to the tune of billions. jimmy failla has thoughts on that. he has thoughts on everything. jimmie is next. today, everything costs more: gas, groceries, cars. we all need cash in the bank to stay ahead. well here's great news for veterans who own a home. home values have climbed to near all-time highs, too. that means the cash you need is right there in your home. newday can unlock it with the newday 100 va cash out loan.

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california, mountains, oceans, natural wonders, diverse and creative people. but when the out-of-state corporations behind prop 27 look at california, they see nothing but suckers. they wrote prop 27 to give themselves 90% of the profits from online sports betting in california. other states get much more. why is prop 27 such a suckers deal for california? because the corporations didn't write it for us. they wrote it for themselves.

>> dana: return to office rates are at their highest level since the pandemic according to

new data castle systems tracks security swipes into buildings. from september 8 to september 14th it was reached almost 50% of pre-pandemic levels. the company says that's the highest since late march of 2020. >> bill: 15 before the hour now. he has been using the pandemic to justify more federal spending and especially student loan debt relief. now president biden says the pandemic is over. >> president biden: the pandemic is over. we still have a problem with covid. we're still doing a lot of work on it. but the pandemic is over. if you notice, no one is wearing masks. everybody seems to be in pretty good shape. so i think it's changing and i think this is a perfect example of it. >> bill: he is maskless himself. jimmy failla host of fox across america on fox news radio. hello there. so you can take the l out of lover because it's over. >> that's why he hasn't done an

interview in 210 days. no better business to be in than selling alcohol to the white house press team after he does an interview. if you listen to that statement you can hear the entire team smacking its forehead at the same time because this was everything, okay? the bureaucratic pandemic was just beginning. look around, nobody is scared. they're walking around white house masks, the pandemic is over. if the pandemic ends, how do you keep something like proxy voting that's expected to expire this week that's allowed them to skip work, okay? up until now they've been able to vote from a swim-up bar. they aren't my favorite but better than hanging out in congress and he might have given that away. so they're furious. >> bill: you can vote from europe. >> they were hanging out. >> dana: "washington post" has a headline says biden is right, the pandemic is over.

one of the editorials said actually it's not. the biden administration is asking for billions more in covid funding, which i don't think a lot of people will want to go for given our situation with spendsing. >> the best job in take. nobody has more steps on the fit bit than the guy that walks back biden's statements. 10,000 steps a week. he has contradicted himself non-stop. last week the big james taylor on the lawn to celebrate climate change and flu home to run errands and the next day he is -- he would serve alcohol at an intervention. he just doesn't get it. >> bill: we've covered a lot about fentanyl. >> we have. >> bill: you saw the rancher 30 minutes ago. opioid overdose deaths primarily fentanyl in 2021,

72,000. 72,000. federal border seizures so far this year through the month of july, 10,000 pounds. that did not come up the other night during this interview and not posted at 60 minutes overtime either. >> it is a dereliction of duty by scott pelly. biden is in power at a time when fentanyl is the number one killer of adults in america between the ages of 18 and 45. it is an issue around the country. this was the biggest news story of the week. you could tell me the interview was recorded earlier. it's the number one killer in the country. no defense of this. i don't know how scott pelly didn't get in there. imagine interviewing santa and not bringing up christmas. >> dana: on the covid point "the new york times" writes a piece today that mr. president

400 people a day are dying of covid. with those numbers 300 americans are dying from fentanyl overdose. it doesn't seem like there is any plan to deal with that. >> that's the frustration. desantis putting people on a bus is not inhumane. turning a blind eye to the death numbers you discussed is inhumane. people suffocating on the floor boards in vans and downing in rivers that's inhumane. people are actually dying and making a much bigger effort to change this conversation to some straw man attack about racism instead of the real death and carnage that's taking place. i don't know how pelly makes piece with that. >> bill: i don't know if crime came up, either. >> maybe ukraine. we -- if they talked crime they talked more about -- more

coverage of biden's favorite cartoon. dereliction of duty. how bad is crime? >> bill: early saturday morning in new york the guy was in mcdock alds and pulls out a hatchet. >> if i swung a hatchet every time a young woman blew me off. >> dana: he had no intention of harming anyone. you can't control yourself. >> he can't control himself. he said he is not a loose cannon, like all people who get shirtless and smash things with an act. >> that video pops up everywhere in new york just about every day. check you on radio. >> dana: we'll see you indeed. also early voting is now underway in pennsylvania and in a key senate race democrat john fetterman may be doing a 180 on

a major issue. ronna mcdaniel with her take in our next hour. the manmade famous in the true crime podcast spent 20 plus years behind bars for murder and now he is out of prison. >> a year ago the baltimore states attorney looked at the case again and realized there were some serious problems in this case and the conviction itself was not sound. they're investing with merrill. think miss 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. >> tech: at safelite, we take care of vehicles with the latest technology. we can replace your windshield ...and recalibrate your safety system.

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to show that loyalty goes both ways. these people have helped build this place from the ground up. so we're doing whatever it takes to help secure their future. ♪ ♪ . >> dana: a tesla owner said he was locked out of his car because the battery died and he was told to buy a $26,000 replacement battery to get back in. the man bought the car for $140,000. he calls it a quote piece of trash. he says he finally sold it and the new owner plans to take it apart to replace the battery. that seems like there should be a better solution. >> bill: be like an oil change or something. >> dana: $26,000?

>> bill: this man who spent more than 20 years behind bars is now out of prison. a judge vacated his murder conviction after a popular podcast brought his case to light. alexandria hoff is on the story live in d.c. with more. alex, good morning. >> syed was 18 when he was sentenced to life for the murder of his ex girlfriend. he is now 42 years old and released to home detention. the court hasn't deemed him innocent of the crime his conviction has been granted a new trial. the judge determined back in 2000 the state failed to disclose evidence that could have helped his defense. known as the brady violation. it was the groundbreaking 2014 podcast that brought the case to the spotlight and downloaded hundreds of millions of times and examined police tactics that led to his conviction. unreliable cell power data and a witness that showed him lee's body in the trunk of the car.

the body was later found in the woods. the information not passed on to the defense involves alternative suspects. >> our investigation uncovered that one of the suspects threatened ms. lee saying he would make her disappear. he would kill her. we also received information that provided motive for that same alternative suspect. that information was never disclosed to the defendant and is the basis of the brady violation that the judge has deemed. >> the attorney for lee's family said they were blind-sided by the decision. take a listen. >> my clients, all they wanted was information. they want the truth to come out. if the truth is that someone else killed their sister, daughter, they want to know that more than anybody. they were shut out of the legal process by the court and state's attorneys office and it was inexcusable. >> an updated episode on the case and the podcast is

credited with -- >> we'll see if there is a new trial on that. thank you. >> dana: early voting is underway in pennsylvania and the stakes could not be higher as the senate race between dr. oz and john fetterman gets tighter by the day. we're watching it closely. welcome to a new hour of "america's newsroom." i'm dana perino. >> bill: i'm bill hemmer. good morning. new hour begins now. a tale of two campaigns with seven weeks left before the election in a race that may decide the balance of the power in the senate. democrats looking to fetterman as republican dr. oz gains momentum. oz has taken aim at crime and inflation and fetterman putting a focus on abortion. >> there is no way anyone can look at what is happening in philadelphia and not feel like we are giving up the lives of hundreds of thousands of people without a little compassion and love. >> every abortion is a murder. he said