ste>> harris: criminal charges for alec baldwin on the deadly movie set shooting of "rust." cinematographer halyna hutchins. baldwin's charge, involuntary manslaughter. two counts. this is "outnumbered." i'm harris faulkner, here with emily compagno. running yesterday, kellyanne conway, guy benson, cheryl because sound.

announcing about an hour ago during "the faulkner focus" that they will be charged with involuntary manslaughter in the deadly shooting. that cinematographer died in 2021, 15 months ago, on a new mexico movie set. aldo and was pointing a pistol at hutchins, killing her, wounding the director. the assistant director onset signed an agreement, leading guilty into negligent use of a deadly weapon. those pending criminal charges came nearly 15 months after the incident as i mentioned. the district attorney says she will file them before the end of the month. the prosecutor puts it this way. "if any one of these three people had done their job, halyna hutchins would be alive today. it's that simple." emily, first of all, you've got four people involved, one of them now who has already needed guilty.

how does that affect the cases of the other people? >> emily: it depends whether i would be admissible in that particular case. let's just walk it back for a customer viewers for a moment. it acknowledges the fact that it was an unintentional incident, but accounts for the fact that it was a reckless act, and every state defines that particular recklessness differently. it is an unlawful manner or with out circumspection, the only defense to it is saying it was an accident and my behavior was not reckless. that is going to be a hard bar here to cross because we know for example there are so many things that pointed to a culture of negligence, culpable negligence. remember just the night before the shooting, the majority of the camera crew resigned, citing failures and other things, but one specifically so that all the scenes on the gunfights were played very fast and loose. there were two other additional

weapons charges, and i think that's particularly frightening to me, the fact that after the shooting, there were five live rounds found additionally. both in the tray that they were drawing from and on the belt of alec baldwin. now keep in mind that everyone has pointed fingers at each other. even the armorer. she said that they supplied it dummy rounds in addition to l live. they have gone back and forth. she has set on the record i should have checked it more appeared on the other, she says i checked it. i did my job, but your comment about if people had done their job, that is going to be the narrative of the trial. if they had done their job, this would not have happened. and it rises to the level of criminal negligence. >> harris: we just had on judge jeanine a moment to go because she's going to interview the district attorney really and just a few minutes. that will air today on "the five." one of the things we got into, it is more than they just did

not do their job. in the case of the armorer, 24 years old, she did not really know how to do her job, so the culpability for that according to the judge does not wipe away just because you accepted a job that you did not know how to do. this young woman was trying to get help with the right across the movie set because she had so many weapons to carry and have been given other responsibilities with props. what do you make of those details? >> that will all go into her lack of experience. all that matters is crossing that standard of criminal negligence in the moment, but those ancillary facts will support that. the prosecution will argue that her father was off aimed at armorer. she was not. she was given this big shot, obviously feel about it and in palpable citation all examples of fulfilling the duty where the results of that is not a missed script. it is life or death.

that goes back to the recognition that this is an inherently reckless and dangerous job and/or a moment, and buy them failing to rise to that standard, that is criminally negligent. they are failing in their duty, and systemically, it's built into the structure. person b, prison c. >> harris: alec baldwin was the last person to touch it. i know as a gun owner that is what you do. it does not matter who handed you the gun. i do want to get to this. it is breaking now. a brand-new statement from alec baldwin's attorney on the charges. here it is. "this decision distorts halyna hutchins' tragic death then represents a terrible miscarriage of justice. mr. baldwin had no reason to believe there was a live bullet in the gun or anywhere on the movie set. he relied on the professionals with whom he worked to assured him that the gun did not have

live rounds. we will fight these charges, and we will win." i see you shaking your head. >> cheryl: he is a celebrity. this comes down to power and money, and he has both. it's being honest year. they have their defense. we saw it in that interview with george stephanopoulos that he said he did not pull the trigger. we have already seen his defense. that is what we will see play out. and i heard jenny and say to you in the last hour let's be honest here. this is going to come down to celebrity if this goes to court. the other question is the liability with the production company. that's my other question, how much of the financials of the production company, the fact that you have a young armorer inexperience, that was her first big job. she was in over her head. now that is a civil case and not criminal. >> harris: for certain, but what i would say about that, and

it is part and parcel to this idea of how many people were complaining on that side? people had walked out, as emily mentioned, the night before, so i don't know how deep those pockets could be, but they have gone after the deepest pockets, and that would be alec baldwin. you know, kellyanne, what about this? the communication, we all know, just stop talking. he's given a lot of information. >> kellyanne: he has. i think the civil case had been settled with alec baldwin. from matthew hutchins, though what though widower, and of course they have a 9-year-old son who wants justice for his mom. i don't know why alec baldwin told george stephanopoulos i never pulled the trigger. i think it just it dislodged, meaning there was no malicious intent. he has already cross that line, and also i think you are just adding to the pain and confusing the fact pattern here. i'm a little surprised that his

lawyer is coming in so hot today. this is fourth degree crime in new mexico. involuntary manslaughter. a woman is dead. he was pointing a gun at her, and i think, harass, if there was ever an example of trust but verify, it is when you are aiming a gun at somebody's just. >> harris: that's exactly right. >> guy: one of the questions people have been answering -- a long time ago, by the way. i am struck by how slowly the wheels of justice go. but people were asking at that time why would there be any real bullets on that side whatsoever? let alone in one of these guns, and the argument, if you are inclined to be sympathetic towards alec baldwin, he was handed a gun by these professionals. he was told that there was no bullet in there, but i think kellyanne hit on it, why would you go on national television and say that you did not pull

the trigger? that does not seem plausible, and if that's a big part of your defense, i'm not sure people are going to believe that. >> kellyanne: the forensic experts -- >> cheryl: come on. the lawyers are telling him what to say. >> emily: just to quickly answer these questions, part of the delay was that the sheriff's report just came out in october and that failed to identify the main question, why there were live rounds on the set. it is not his attorneys that are coming out. it is him and his big mouth. in this, if you want to call it a celebrity trial, fine, but at its heart, i believe this will be successful unless it pleads out first. the main thing with him opening his mouth because clearly the p.r. war that he has been waging, so he's not actually trying to mount his defense. he is trying to maintain work. >> harris: can he win that? >> emily: i don't think so.

i am shocked anyone is giving him the time of day. >> kellyanne: it is an aging grandfather, alec baldwin, who takes his grandson on the run after the grandson accidentally kill someone. >> harris: jeanine was not completely sure. she will talk with the district attorney about it. my question that i asked was can you find out what it means when the husband of the deceased as part of the civil deal is not going to be the executive producer on the movie. you've got a set of eyes for the prosecutor. it was really fascinating. if that even goes forward. speaking of which, judge jeanine hero will be interviewing the "rust" shooting prosecutor. tonight on "the five." you can see it. on that das decision to bring criminal charges on the fatal shoot setting for halyna hutchins. don't miss the interview

tonight, 5:00 p.m. eastern. right here on the fox news channel. we are learning more details about was how much access hunter biden had to his dad's delaware home. more importantly, that garage with the corvette and the classified documents, where they were found. well, you know, looks like he's driven it. we cannot see the two ladies, but they were cruising. [laughs] elbow grease, you can do just about anything. thanks, dad. that's right, robert. and it's never too early to learn you could save with america's number one motorcycle insurer. that's right, jamie. but it's not just about savings. it's about the friends we make along the way. you said it, flo. and don't forget to floss before you brush. your gums will thank you. -that's right, dr. gary. -jamie? sorry, i had another thought so i got back in line. what was it? [ sighs ] i can't remember.

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>> harris: growing questions of president biden classified document scandal. exactly who had access to biden's wilmington, delaware, home where one set were found in the garage, other parts of the

house, still no answers from the white house. we are not getting anything, which maintains it as caption no formal log of visitors argument. that's what the white house is saying. on that point, fox news has learned that while the white house may not have a formal log, the secret service does. they keep a list of people who have regular access to a president home, and the secret service says they are prepared to offer up those names. all the individuals who visited biden's home if requested by congress. meanwhile, we are getting clearer answers to what kind of access hunter biden had to the house or at least the corvette inside the garage where biden said the classified documents were stored. resurfaced video shows hunter biden heading to the president's wilmington home just four days before the classified files -- four days before they were found, actually, in the garage

next to the president's corvette. newly published photos show hunter behind the wheel of that same -- it's a stingray, right? those pictures were back from 2017. we are also learning that hunter's memoir, "beautiful things," he was quarantined at the home while awaiting presidential results, but the white house continues to stonewall. watch. >> the justice department has not told the white house that i cannot talk about the facts underlying the classified documents, so trusting that you received that information, and you desire to be prudent, why can't you speak about the underlying things? >> when it comes to underlying facts, specifics, when it comes to something that is under the purview that the department of justice is looking at, especially legal matters, investigations, we do not comment from here, peter. >> harris: all right, two things, kellyanne. who has got the egg timer for

how long it will take them to ask the secret service for the list? >> kellyanne: time has run o out. he was already going to investigate the biden family connection. why? because, harris, there are countries in the news every day. ukraine, china, chief among them where we know certainly hunter biden, maybe the big guy himself had business dealings. we have a right you know that, especially if joe biden is going to run for a second term, but he currently is the president. i had 24/7 secret service protection because of all the crazy people at old after he shocked the world and won. i was uncomfortable. i was not used to that. nothing even close to that. secret service know exactly who's coming and going. we can cobble together, informally, who was visiting this delaware home. i am interested how many times his personal doctor has been there and with how many oxygen tanks, for example, but in the

case of hunter biden, this was his residence. he had a driver's license at this home, so how much access did he have to the home and to the garage and they are by classified documents, the same access you have to your home. this is where he lived, so the access was unfettered. all the defense so far only points to culpability. it is not whether you pass the bar, whether you recklessly or negligently handle the material. the other thing that i think it bothers many people is that i have yet to see any interview, anybody who speaks on behalf of president biden, 90% of the mainstream media, be able to answer a question about biden's handling of classified documents without saying "trump" five times. let's do it from the prism of the law appeared to be when you are the only person on the couch you has worked in the

white house. >> kellyanne: and had top-secret security clearance. you know what you can and cannot do. >> harris: inside the white house, you cannot convince me that the line that they are coming out with now is going to fly or that they think it is, so kellyanne, what should they be cooking up? they want everyone to say these words. it's the economy. americans care more about this. i saw some of the getting floated last night on the liberal friendly networks. >> kellyanne: if joe biden is bragging about this economy, you know they've got a lot to hide it. harris, we got briefings from day one about our phones, may be being like microphones for china, for example. our personal funds come up with those in the locker. you would not want to have one of those documents pass the time when you need to. just leave it there. the secured compartment. and i think what's really important here, we have the

buttoned up biden people. the adults have arrived. we are not the people who work for donald trump that don't know what they are doing, so even when they try to do different standards, they are putting themselves in a cul-de-sac, and they are stuck with joe biden and kamala harris because they pretend they had such a great midterm. it was only because they were not allowed to campaign. >> harris: 60% of voters say that biden acted inappro inappropriately. >> guy: kellyanne just made a point that i had not thought of. the 100 years that he has been there, it makes it worse. he has been at the highest levels of government, u.s. senator, for his entire adult life, basically. he, of anyone, should know better and did no better. i think that the defenses are extremely weak. it is just a brick wall. he just made up, you said last

hour on "the faulkner focus," they are making it up as i go along. "we cannot comment on this." i remember when he amplified the light, as president before there was even an investigation. now they cannot comment on this whatsoever. come on. >> harris: you know what, though? the politics seem to be where they are pitching. does anybody doubt that is not the reason we did find out until now that that is what happened when the presidents private attorneys went to go look at these documents that were among his personal things, like he did not know that they would be there, so he made sure that he sent to them and not the doj. they have already started to fight back. i put that up to show that the american people are kind of fighting back too. 60 to 70% of them do not believe that he is doing this right, but for them to say actually, we did not tell you you could not talk. you could talk all you want about this.

what does that mean? >> emily: in light of the mainstream media coming out, with your pulse on washington, what is happening right now in the democratic establishment? are they having a titanic ship sinking moment? are they smug and gleeful because this was orchestrated? the release of it, what is going on to them right now with all of this seeming implosion where we might finally have some accountability as american citizens? >> kellyanne: most of them are just like the mainstream media. they're upset with the guy folks for concealing this, for having the second consecutive election where the public was denied full access to all the information here you can sit there and say i don't care about that. it does not influence my vote. we as the voters need to you know the fall vista. i would say in answer to your

question, what jim clyburn said, who basically handed joe biden the nomination in 2020, what he said yesterday, he warned the democrats do not run against him. he will be the nominee. they are afraid they are shoving this guy out, but they are totally stuck with him because they somehow pretended he was the leader of the party during midterms. when trump is your standard for everything, everything you do and say in your life is through the prism of donald trump, you get stuck in political cul-de-sacs. i think they have a fact pro problem. >> cheryl: that quinnipiac poll, more than 60% of independents say that it was inappropriate. >> harris: this is a headline. new year, new kamala. that is what the administration wants you to believe. she is leaving that all behind her. ♪ ♪

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she's a lot more active. and she's able to join us on our adventures. get started at longlivedogs.com >> emily: white house officials tell fox news vice president harris is ready to take on new roles and ready to hit the road. she is even headed to the border state of arizona today. but not to address the record number of migrants crossing the border, not to support border patrol. instead she is pushing clean energy, of course you're claiming that the vice president is in a better place after the midterm results and ready to move fast numerous setbacks, cringeworthy speakers. one says "now that it looks like biden is running, she is really being treated like what i would call a normal vice president. there is less attention which frees her up to you not have to worry about the relentless

scrutiny. well, maybe there is hope. she did avoid participating in this awkward moment. >> oh! [laughter] [applause] [cheers and applause] the embarrassments don't stop here the issue, however, is harris, like her counterpart, she has been in-service for quite some time, so the notion we are going to see a new kamala does not sit well, and we do not believe it, those of us who know her, for so many years, putting forth the same abdication of responsibility. >> guy: she is the problem. it's her, some might say. they can spin this as oh, good, she is newly empowered or whatever.

we know that she likes school buses and venn diagram's. we are skeptical. we will see, but i have doubts. >> emily: isn't it emblematic that they would talk about the scrutiny? you work at the pleasure of the people you are serving, and therefore, shouldn't we know what you are up to, since we are paying your salary? no scrutiny? >> harris: i did not live in california he won she the district attorney. but i think maybe she got some help being the d.a. in california. that's the vibe i get from her, that she is not used to not having that, and the president refuses to give it to her. he cannot even figure out what her job is. literally calls her job title wrong a lot and then gave her all these responsibilities, and now she is going to spin the wheel by going to one of the states where she could do one of those responsibilities. but that video of him telling

her to get down on her knees in front of a bunch of men in the room, he is gross. he does not respect her. and if you don't h have your bosses respect, you are certainly not one to get covered, so she had better toughen up or go find something else to do because that was ugly. and that was truth. >> emily: i argue then, cheryl, maybe she has not earned his respect. maybe she did not when she was senator and not now as vice president, not that anything excuses him doing that, but perhaps she expects respect when she has not earned it. >> cheryl: i think she broke her bare years when the first black female vice president of the united states. you let eric adams go down there, say we need an official to manage the border. that's what needs to happen. that's her job that the mayor of new york city described that she has not done whatsoever.

she's finally going to arizona to do what? a photo up. biden went there, saw the border, walked away. she has a job. many jobs. she had this great opportunity to be this incredible voice, and she has really been a disappointment. i think a lot of democrats would say that. >> emily: will this reinvention work if she is failing at her eight titles and then some, and business them campaigning to try to get the 2024? >> kellyanne: it will not work. she has shed 21 staffers. communications director, as you can imagine. press secretary. a poor person. america has no confidence in her competence. think about how hard it is for you to tell a pollster i don't disapprove of the job that our first female black vice president is doing, and they are saying that because they know what they see, not what she says.

the 11 most common words i hear every friday afternoon, the vice president has nothing on her public schedule this weekend. how can this be? how is everyone you know who has passed on busier than this person who is a vice president? what is she doing all weekend mr. markey i have my theories. i will mention them in a future "outnumbered." the pressure you always feel, we are going to run out of time. the need is so great. it is so constant, thank you feel like you cannot meet all those needs. i think for joe biden somebody can pull him aside and say you got the brass ring. you were elected president. you can help elevate and elect the first female president. they cannot do that because it is her. >> emily: okay, coming out. al gore's epic meltdown over the state. that's next. >> what about a billion? we would lose our capacity for

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♪ ♪ >> emily: climate activist and former vice president al gore was in dallas switzerland where he went into complete meltdown mode, warning about the dangers. watch. >> the accumulated amount is now trapping as much extra heat which would be released by 600,000 hiroshima class atomic bombs exploding every single day. that is what is boiling the oceans, creating these rain bombs and sucking the moisture out of the land, creating the droughts, melting b.s., causing these waves of climate refugees predicted to reach 1 billion in this century. look at the xenophobia and political authoritarian trends

that have come from just a few million refugees. what about a billion? we would lose our ability for self-governance on this world. we have to act. >> emily: you could have had a bingo card for all of that. during that same green episode, he touted one big climate change bill. >> harris: no kidding. >> we passed the inflation reduction act, primarily a climate act. $369 billion, which will actually be much larger than that. >> emily: guy, do you think he rehearsed that on his private jet, gobbling up fossil ozone on the way to the forum? >> guy: it is a superficial point but one that should be made every time. we lived through a year plus where we did everything remotely. they did not have to do this in person. i think it sounds kind of fun, going to this swanky place,

having nice parties, feeling important. please invite me. but i am not the one lecturing everyone about carbon footprints and that sort of thing. watching the clips from him that we just played and then some of the sound bites yesterday that you guys talked about with john kerry, i'm having flashbacks. the american people really dodged a few bullets narrowly. >> emily: i don't think that is a superficial point. i think it is a main point that the amount of private jets use up the same as 350,000 gas powered vehicles in the same time frame, and these are the ones that are lecturing us every day screaming interfaces. practice what you preach. >> harris: i do think it's a little disturbing that the american people have to hear the truth about the inflation reduction act from him. we told people what the truth was -- >> emily: in switzerland. >> harris: not even on american soil. but the legacy media, the liberal media, no one else

reported the truth about what was in that, and then he brags about the fact that it's actually a lot more money than what you have been told. it's a ton of money that we are going to spend on climate control or climate change. maybe control is what he thinks. just with your point real quickly, i don't think it sounds like fun being trapped on a planet with al gore yelling at me about why he gets to fly and i don't. >> emily: let's just take a minute to go back and how he took a moment to play with greta sterafter she was recently deta. >> here's another divide, increasingly, between those who are old enough to be in positions of power and the young people of this world. greta thunberg was just arrested in germany. i agree with her efforts to stop that coal mine in germany.

>> emily: first of all. he is bright red. and what is a rain bomb? boiling oceans? what is he talking about? i'm still stuck on the money of this, that it is going to be more than $369 billion. you thought inflation was bad in 2022? get ready for 2025. i cannot listen to you anything at davos anymore. >> harris: and you work at the fox business network. >> cheryl: i know. [laughs] >> kellyanne: reminds me of hillary clinton saying i'm going to shut down the coal industry. i want joe manchin to answer that question. any democrat in authority to answer that question. pennsylvania, perhaps. john fetterman, let's hear from you. they are always attacking american industries abroad without even recognizing it. al gore seems to emit a lot of gas these days himself.

when he speaks. my problem with the world economic forum as i don't think it's ignorant on any of this. i think it's a lot of arrogance. it is just people and their safe communities of sameness. i would like to see what goes on behind-the-scenes a little bit just in terms of whose sticking up for america? resident trumps that i know i'm not your cup of tea. i am here to talk about american interest. i like the american representatives to at least give a shout out to our country once in a while to. >> emily: i will look forward to that in the next administration. facing backlash for his refusal to wear a rainbow jersey due to his religious beliefs. that is next. ♪ ♪

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>> alec baldwin facing charges in the killing of film director halyna hutchins feared could falter baldwin face jail time? an epic rant from al gore, eclipsing anything that he did in his run for president.

we will tackle that today, and the latest on the biden document scandal. james comer will be here. join sandra and me at the top of the hour for "america reports." see you then. ♪ ♪ >> harris: it is friday eve. [laughter] he is facing backlash after refusing to wear a pride jersey during warm-ups. the nhl star said he did not intend to be hateful but instead was following at being true to his own religious beliefs. >> i respect everybody. i respect everybody's choices. my choices to stay true to myself and my religion. that is what i am going to say. >> harris: the criticism of his choice was swift. look at social media. sports pundits calling for him to be removed from the game, but

the nhl did not give into the online mob. instead, they are defending his decision in a statement, saying "players are free to decide which initiatives to support, and we continue to encourage their voices on social and cultural issues. guy. >> guy: i'm a big hockey fan. i think the most important thing for me to say especially involving anything mentioning the philadelphia flyers is let's go, devils. [laughter] secondly, i am all for acceptance for lgbt people in the sports community. there's been a long period of a lack of acceptance where people have been hiding in the closet because they feel like that culture will not welcome them. i think that it becomes meaningless to have pandering to people like me if it is mandatory. if it is coerced. if you are wearing something with a rainbow on it because you are being told that you must, it

is completely empty to me. it does not make me feel more welcome door and powered as a fan. if you want to do it of your own volition, great, thank you. being forced to do it, i am just not interested in that. >> harris: wow. what do you think should happen? >> guy: nothing. let the guy do his job. his comment was completely reasonable. this is the united states of america. he can go play hockey. i will do them, not for this. >> harris: you are hilarious. emily. >> emily: yeah, bravo. i am glad that they released such a common sense rational statement. at the end of the day, that is what happens in this country, and that trumps an organization stated commitment to inclusivity in some kind of mandatory requirement that their players play with a stick with a rainbow on it. authenticity matters.

i personally, as a fan of any sport, would not once a player to feel coerced to participate in something that he feels strongly against. he just refrained from participating in the warm-ups or whatever wearing it, so how is that some type of stain on the team support of lgbtq rates as they stated? it's not. you can have both. >> harris: what did you think about the question what religion are you? >> emily: it's fascinating to me they did not know ahead of time. i thought his statements were perfect. i love like i said. i am expanding on his comments here. we can have inclusivity, and we can have lgbtq feeling more welcomed in every industry, and i welcome that completely. long time coming, yet protect our very first right. the right to freedom of religion through our founders, that was not to protect the state from

religion. it was to protect religion from the state. i love the fact that this man feels confident enough in his religious beliefs to explain that but at the same time say i don't deny anybody anything. if something is mandatory, guy says it becomes meaningless to him. i actually think that we don't even know how people feel. we are not even asking them. i am very proud to have worked for the first president of the united states who came to office already in favor of same sex marriage. barack obama was not the first. hillary clinton certainly was not. they were arguing in 2007. i think it is a long time co coming. if we are listening to refugees coming to the border and saying religious freedom is why you are coming here illegally, if we are saying you cannot mandate an orthodox jewish employee to be

here on a friday night. you cannot force them what to eat. we have to respect that for every one still being inclusive. >> cheryl: last word, the word "freedom." we saw this huge controversy within the nfl. go cowboys. sorry got to throw that out there this weekend. >> emily: eagles! >> cheryl: we saw this play out on the fields of the nfl. i thought it was a horrible distraction. i hope it does not happen to hockey. not that i am a hockey fan. >> guy: go giants. >> harris: kansas city chiefs. >> emily: i am ending with that. >> harris: there we go. more "outnumbered" in a moment. ♪ ♪

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>> last but not least, a huge milestone for our military. the air force announcing new fighter jets are breaking records. officials say the air force's new f-15ex jets are capable of carrying more weapons and operating more efficiently. they will replace older ones used in the iraq and afghanistan wars. you know i grew up wanting to be a fighter pilot, and they can operate for 29 grand an hour, 13.6 tons of weapons, way more than the past and operate for 20,000 hours. it means our pilots are safer, military soldiers are safer and americans are safer. >> my dad just winked at you from heaven. i did too, i wanted to fly "top gun," and we were talking about readiness and we need to at a

time when recruiting for the military, they are having a difficult time. i'm glad we are talking about readiness and celebrating who we are as a country and military might. >> as someone who did air force rotc, go air force. thank you for being here and watching us. don't forget to dvr the show. here is "america reports." >> these are confidential documents, high security documents and they shouldn't be in someone's home. >> they should make sure they turn all those in before they leave office. >> happen back-to-back with multiple people, it needs to looked into so it doesn't happen no more. >> i think the public library does a better job at keeping track of their books. >> sandra: more and more americans are voicing concerns over president biden's document scandal. house republicans are ramping up their investigations now and zeroing in on who exactly had access to the president's former office at the penn biden center, as well as his