griff: in memphis, tennessee protestors taking to the streets last night after the release of brutal body cam footage of the arrest of tyri nichols, nichols beaten by police officers following traffic stop. he died in the hospital 3 days later. welcome to fox news live i'm griff jenkins. hey, molly. molly: i'm molly line. second-degree murder which is punishable up to 60 years in prison. fox family coverage with alexandria hoff in washington and charles watson in memphis. charles: griff and molly in the last hour or so we received a

new statement from the representative desmon, jr., police officers charged in the death of tyri nichols, mills attorney is reaching out to the public and asking them not to pass judgment on his client's involvement in beating. in new statement, quote, we continue to urge caution in judging desmon mills actions, whether he committed the crimes charged will be answered with the resulting no. the statement, of course, comes less than 24 hours after the country got a chance to view horrific body cam video of memphis police officers relentlessly beating nichols. the video shows officers aggressively yank nichols out of his vehicles as the 29-year-old says he didn't anything. he is thrown to the grown while

officers continue to yell at him. a few moments later you see place taze nichols as he managed to escape and run away and some of the officers on scene pursue him you can see one officer who remain behind him wish physical harm on nichols. >> stomp his ass. >> the officer is demanding he gives him his hand as he desperately calls out his mother. >> watch out, watch out. charles: even though it appears officers have nichols restrained the beating continues, we see officers kick him in the face

like he's a football. one officer punches him on the face and ano -- swats nichols we he waits more than 20 minutes to get medical attention. meantime some of the officers who have since been fired and charged with second-degree murder have been saying nichols had his hand in one of their arms. >> brother, you're good. >> almost hit me. >> he reached for martins gun. >> had his hand on my gun. >> now it's important to know during confrontation we never hear any of the officers that nichols grabbed the gun nor do we see that happen on body cam video. as for the other officer who is were out on the scene, you heard from memphis officials and county officials who say some of

those officers are being investigated for their roles in this -- in this incident. we also have learned that two emt -- two emergency -- emergency medical operators have also been relieved of their duties while an internal investigation is underway for their role in treating nichols after that beating, guys. molly: yeah, thank you so much. a lot of people on the scene. a lot of questions of duty to intervene and what that could mean in police reforms and questions arising right now. charles watson, thank you for the reporting. griff: protests in the wake of tyre nichols dead remaining peaceful across the country last night. many memphis demonstrators taking to the streets temporarily blocking traffic along interstate 55. alexandria hoff with more on the protests which, alex, could have been much worse?

alex: really displays grief and sadness, outrage over police brutality, destruction was not part of that in most places. in memphis to message to property, protestors blocked off bridge that connects tennessee with arkansas for two hours. >> definitely not about race. this is about humanity. this is basis 101 humanity. we need to be able to race our voice to help the family race their voice so we are out here tonight, we will be out here to make sure that we alleviate some of the pain that won't ever go away for this family but we can share our voice. >> outrage did boil over in new york city where handful of demonstrators can be seeing stomping on police cars in times square, that took place last night. they were yelling burn it down. in los angeles police fired what appear to be teargas in effort to disperse out of control crowd

there that gathered outside of the police department headquarters. tyre grew up north of there to sacramento, located in memphis in 2020. joyful person, loving son and father to 4-year-old boy. there's no indication that nichols had any criminal record. his mother called him near perfect. >> he was on his way home. he goes to shelby farms every weekend to watch the sunset. that's his passion. he will go to skate board or, you know, but he was on his way home. alex: one of his friends told the new york times that nichols was a peaceful person and the peace was honored with moment of silence at the gr grisly game.

guys. griff: alexandria hoff live or us in washington, thank you. molly: for more on this let's bring our panel, ceo of taking for action good foundation and rafael, a senior fellow at the manhattan institute, thank you, alysse, rafael, challenging video to watch, police leadership have been getting some praise for the actions taken in swiftly removing them from the force. why did they feel they could take the actions they did as we see it caught on cameras and body cameras and with cameras looming overhead, something they must have known existed there in

the area, something we all expect in today's society? i want to start with you alice. >> we have been hearing that that unit has been having problems in the community. i heard someone say reverend jackson that they thought they could get away with it. i heard other footage where they were trying to cover up by saying that he tried to grab one of their guns, touched their guns but this really this whole thing is sickening. on january 7th, those who took on oath to serve and protect us, they became the criminals. what they did to tyre was inhumane, i don't think they do that to their animal to just watch it is really hard to watch this as a mother, as a grandmother. my son and my grandson and a lot of nephews all black men live in

memphis, they drive the cars and i don't want them to feel fear but there's a reality there's fear by being stopped by a police officer. molly: i hear what you're talking about as a mother and tyre nichols mother has showed such incredible resilience and strength and -- and -- >> she has. molly: revon wells had called peace and we did see peace demonstrations. we see this video from multiple angles released that the officers seemed -- they know that it's there and people are watching and could potentially be held to account for whatever actions they take. your thoughts on what they acted the way they did? >> yeah, i watched the video and it was incredibly difficult to make it through and i didn't see anything that i find offensable

even in the slightest from any angle. it's not clear to me that they knew there was the overhead camera but certainly they knew they were on body cam footage and what we all saw basically revenge. it seemed like the officers were upset that tyre nichols seemed to give them a hard time or they felt that he was giving them a hard time and looks like one of the officers accidentally pepper sprayed himself and they were making him pay for that experience and allowed rage to take control and there's really no excuse for that and no place in policing and there's universal response and when police leaders unions condemning this behavior. molly: i want to take when you look at the ultimate scene and what they occurred. we talked about people, the circle expanded, 5 officers facing charges, serious charges as the circle expands many other

people that arrived tat scene from medics, firefighters, additional law enforcement officers and we are talking about duty to intervene and potentially not just the actions people took but potentially actions that were not taken. your thoughts on that, alice. >> i believe they are just as culpable. if you see something like that and you're in a position, you are also in uniform and you do nothing, you are complicit to the things that are taking place, how can you sit by and watch that take place. so i'm really looking to see how all of this is going the play out. i think that our chief of police clark has done outstanding job in her leadership in swiftly acting. she's been transparent and that's restoring a loft the faith in the community that she's taken leadership in this, but there has to be something that unties the hands of every one involved with the right to

intervene including those who come on the scene as emt's, they should have the right to intervene but, you know, just from a human standpoint, really, i don't think you can legislate a heart condition because i think that any one of us if we saw something like that, we could in the stand back. i know i couldn't and i'm sure i could not overcome those 5 officers but there's no way that i could have just stood by and not do anything. so this honestly is a time of reckoning. we are depending upon our good officers because you are going to have always bad players but we are dependent upon our good officers to protect and serve us and do what those 5 didn't do. molly: we are grateful to our good police officers that are out there serving. rafael, your final thoughts? >> i agree 100% with what's been said. this is something that we want to avoid in the future but we have to be careful not to do

allow the terrible incident which is swiftly being met by the justice system to be characteristic of policing at large. largely a noble profession. we have to remember that and take solace in the knowledge that 5 officers are no longer going to be wearing a badge and the community will be safer for that. molly: rafael mangual and alice johnson, will be long time to come of tyre nichols. griff. griff: great discussion, molly, just before release of body cam footage president biden spoke to nichols family to officer condolences as fbi remains on alert for additional unrest this weekend. meanwhile the national archives is asking all former presidents and vice presidents to recheck their records for any classified material. lucas tomlinson live from the north lawn of the white house following all of this, hey,

lucas. lucas: president biden spoke to reporters in the south land before heading to camp david this weekend. >> i spoke with tyre's mother and expressed my condolences and told her that i was going to be making the case to the congress to pass a george floyd act to get this under control. i can only do so much in the executive order at federal level. i was really pleased that she called for no peaceful protests -- no violence, no movement at all. and so i, you know, i spoke with her -- i don't know, 10, 15 minutes. lucas: biden spent the past two weekends in homes in delaware. the past two consecutive saturdays in your show, griff, the white house announced they found more classified documents. so far silence today from the white house. we have reached to the white house to see if there's more classified material had been found, we have not heard back. in the last hour democratic john

geramendi sees difference in cases of documents being found. >> there's a significant difference between the trump situation, biden and pence situation. both the vice presidents now president biden voluntarily turned over documents. trump did not. there's a difference right there. clearly if there is a felony conviction that would certainly be disqualifying for whomever. lucas: long standing policy in the department of justice not the charge a sitting president with a crime and unlikely that's going to change. griff. griff: lucas tomlinson following everything from the north lawn, thank you. molly: paul pelosi's attacker david making bizarre and chilling phone call to california fox local tv station friday telling reporter he had a, quote, important miami. christina coleman live with the details on this. christina. christina: hi, molly, david, the lone suspect in the case has been described homeless drug

addicted man who allegedly claims he talks to angels and last night call today fox affiliate newsroom in san francisco area from jail and discussed actions. take a listen to that disturbing audio. >> i have an important message to everyone in america, you're welcome. have a heart to heart chat about bad behavior. i mess forked up, what i did was really bad, i'm so sorry i didn't get more of them. christina: dapape made the call after video was released yesterday and mr. pelosi was able to call 911 that night. he sounded hesitant to get off the phone with with the operator. take listen. >> i have a problem but -- >> okay. call us back if you change your

mind. no, no. this gentleman just came into the house and we wants to wait for my wife to come home. christina: also the police body camera footage answering the door and depape attacking him with a hammer. >> how are you doing? >> what's going on man? >> everything is good. >> hi. >> drop the hammer. >> no. >> hey, hey. >> what is going on in here? >> oh, shit. >> just very disturbing video there, 82-year-old pelosi suffered a skull fracture from the attack, former house speaker says she does not want to watch the disturbing video. >> i had not heard 911 call. i had not heard the confession and i had not seen the break-in

and i have absolutely no intention of seeing the deadly assault on my husband's life. >> depape also faces several charges including attempted kidnapping of u.s. official. if convicted he could face 50 years in prison alone on those federal charges. molly. molly: christina coleman, thank you very much. griff. griff: fox news alert at least 3 people were killed and four others were wounded in shooting near beverly hills, california earlier this morning. the identities of the deceased and wounded have not yet been released. the fourth mass shooting in california this month. we will bring you more information and the latest as we get it. meanwhile our political panel is going the weigh in on the biden classified documents and the 2024 race for the white house, that's coming up next. ♪ ♪ wh

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♪ every search you make ♪ ♪ every click you take ♪ ♪ i'll be watching you ♪ - [narrator] the internet doesn't have to be so creepy, the duckduckgo app, lets you search and browse pria blocking most trackers all forf your search history is never tracked, so it can't be shared. and when you leave search, duckduckgo helps keep companies from watching you as you brows. join tens of millions of people making the easy switch by downloading the app today. duckduckgo, privacy simplified. (upbeat music) griff: probe into president biden's handling of classified documents as congress demanding answers. let's turn now to political panel with us today, robinson and kevin, democrat strategist

and former biden surrogate, kevin, quill, thank you for being here. i want to start with you, kevin, we learned this week bipartisan effort to see the documents in the senate threatening to halt all judicial nominations, your reaction, your thoughts on that? >> well, i think any time you threaten to hold any nomination is problematic and we have seen this from senator cotton in the past. that hurts national security and that hurts the judicial system. i do think the senators especially on the intelligence committee to determine what documents were found both in wilmington with president biden's residence as well as vice president's residence in indiana with mike pence as well as documents coming out of mar-a-lago, 300 some documents found in florida. they have right in capacity as oversight to those documents and i think that's an important thing for the american people to have a hand in as well. griff: you know, quill, i want to play for you the oversight

committee chairman of the house james comer had this to say, take a listen. >> from an oversight committee who is leading a major investigation into influence peddling with this administration, we want to know if these documents -- if they've been used in a compromising way. this is -- this the problem with the biden family. they've been influenced peddling for decades and now we find classified documents all over the east coast. griff: what's your reaction to that? obviously we heard a, you heard interview with democratic congressman gerri garamendi and there's a difference. comer sees a difference. >> it's disturbing that this is the thing that brings democrats and republicans together today. griff: that's a good point, actually. >> bipartisan agreement on that. >> bipartisan agreement. look, some of our leaders at the highest levels seem to be trying to figure out whether they left classified documents on the kitchen table or garage, that's

really concerning. i think rather than pointing fingers and seeing this is a democratic issue or republican issue we need to get a handle because this compromises highly sensitive materials that put us at risk with china and congress absolutely has the right to neglect what was in the documents. griff: you have the national archives and records administration nara who i have likened to the childhood librarian who was told had a lot of authority, boy, she has power, now you have going all the way going back to jimmy carter who by the way signed the 1978 records act for which now we are now talking about but is this an overreach to go this far back? do we really need to do this? >> well, i think we have a overclassification problem in the country. the fact that the rules and regulations regarding classified do you means to some degree have not been updated since world war ii. you have 4 million americans who

have some level of classified access approval in this country. so i think we need to take a really strong look. i saw the conversation you had with congressman geramendi in terms of what he was saying because it is about intent, right, is this just a mistaken issue what we see with mike pence and likely joe biden and the fact that there was stonewalling for a year and a half, subpoenas issue today get those documents back that went unheard of or thrown out from nara, from the department of justice and i do think you have very different circumstances but to quill's point -- >> griff: should the outcome potentially disqualify either biden or trump from running for president? >> here the thing we don't know yet.

it's hard to determine the intent. many in the media as well as democratic allies of president biden have try today play this off as an honest mistake but whether it is regardless of whether it is or not, this is serious and it may be a matter of looking at whether there's case of overclassification but they send the wrong message at a very tenuous moment in american politics and role in the world and we need to be paying attention to other issues rather than figure out, powerful going on easter egg hunts for classified documents. griff: we have notice that former president trump who has announced relex or running now again is in new hampshire in the last few hours. here is a little bit of first presidential campaign appearance, take a listen. >> this is like about -- i said, you know, i get two years, they said he's not doing rallies, he's not campaigning, maybe he

has-the step. i'm more angry now and more committed now than i ever was. griff: he's back, kevin. >> he's back, he's back, he's back on facebook, he's seemingly back on social media. i think this is good thing for democrats, you know, as president biden always says don't compare me to almighty bt alternative. but it seems like the energy and excitement is gone. i know he's in new hampshire, he's headed to south carolina, critical early states so we will see the crowds are much smaller, the enthusiasm isn't there, the endorsements aren't really there, welcome back former president trump. griff: you talk about biden being excited to have him on the campaign trail. when is biden announcing? >> i was with him last month. i think he's fired up to run for reelection and excited to taking the fight back to donald trump or whoever the republican nominee is. griff: wait until after the state of the union. >> i think that's seventh of february so certainly after that. griff: quill, i teed you up,

biden-trump matchup, how does that match out? >> the republicans have a very strong field right now thinking about mike pompeo, nikki haley, many other people out there. look at congress as well and what the republicans are doing there with the establishment of a china committee and getting energy security back on track. there is a strong case for republicans this next cycle and we have to let it play out. griff: we are out of time. kevin, you left a name off of the list, you mentioned ron desantis. >> ron desantis as well. griff: making sure that was intentional. >> it's a wide field. griff: quill robinson, kevin, thank you for being here. >> thank you. molly: fighting intensifies in eastern ukraine as kyiv waits for tanks promised from u.s. and germany, trey yingst live on the ground in kyiv. trey.

trey: molly, good afternoon, intense battles in eastern part of ukraine as russian troops look to take territory. the town of vuhledar has been focal point. the new drone video shows true scale of destruction with widespread damage from artillery battles. the town sits to southwest of donetsk and 14,000 people before the war began. further north russian troops are reportedly making progress around the city of bakhmut threatening cutting main supply lines. 3 civilians were killed in donbas region due to russian misasill as others were injured. overnight volodymyr zelenksyy described the situation in the east. >> not just storming our position but they are deliberately destroying towns and villages around them with artillery, air strikes, missiles. the russian army has no shortage

of little means and can only be stopped by force. >> analysts believe russia is preparing for more extensive ground operation in the coming weeks possibly to get ahead of delivery of western tanks. ukraine ambassador to france said total of 321 tanks have been promised to ukraine including the german made leopard 2's and u.s. m1 abrams. ukraine is asking for western fighter jets according to spokesperson and the country looking to get 24 of them by the end of the year. molly. >> something to be tracking. trey yingst. former acting ice director tom homan to talk about the migrant crisis at the border just ahead. ♪ ♪er,

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molly: the biden administration is cleaning credit for decline in some illegal crossings at our

southern border touting the success of measures that they rolled out just earlier this month this as the flow of migrants continues to overwhelm officials and communities alike. mike finn on the ground in eagle pass, texas tracking the latest, matt. matt: molly, the biden administration says there's a 97% plummet in migrant encounters here. the weekly average but that is only considering 4 countries. that's cuba, venezuela, nicaragua and haiti and we know that migrants from 140 countries are crossing here at the southern border and the backdrop to any weekly drop is that the u.s. government reports last month there were 251,000 migrant encounters here at the southern border. that is the highest number ever in a single month and here in eagle pass we did see a slower week here and so it will be interesting to see how the coming months compare to that record-high month of december and i talked to texas dps here

about these numbers and they say there might have been the weekly dip but they are seeing consistent if not higher illegal activity including human smuggling, trafficking, drug busts, just one example a recent high-speed chase in kenny county, the driver going 110 miles per hour before crashing to a ranch with 5 illegal migrants from cuba including child. we do see a lot crossing, temperatures in the 30's and 40's and we saw adults carry children across the river the children are chivering. the mayor pro tempore and is a democrat worries about how the students will fair in the united states. there are concerns of human trafficking and sex trafficking, molly. molly: absolutely -- great reporting, consistently great

reporter, matt finn, thank you very much. griff: coming up we will have brand new numbers of known got aways from the southern border, we will talk with former ice director tom homan as we watch people crossing the river live. ♪ ♪i' ♪ sprinkler on. and now i'm sending mixed signals... to your garage. but, if you haven't bundled your home and auto, unpacking this isn't going to be too much fun. so get allstate.

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we're just a lot more healthier as a family in general. griff: brand new numbers fox news receiving from cbp of unknown got aways, 293,993 known got away. cbp saw them and didn't take them into custody, we don't know who they are, they have come across illegally and are into the united states, that rounds

out in 120 days to 2,450 per day. joining us now former acting ice director from fox news contributor tom homan, tom, you hear the latest numbers, you and i talk about known got away but honestly, this fiscal year to date so far since october 1st, 2,450 known got aways a day. your reaction? tom: look that should scare the hell out of every american. why would illegal alien not take advantage, come across the border, turn themselves into the border patrol, get released, get a free airline ticket to the city of his choice and apply for work authorization, why would they not take advantage of that program? you know why, because they don't want to be fingerprinted, there's a reason for that. the known got aways -- they arrested people from 140 different countries m are sponsored to terrorism. if you don't think a single one of 1.2 million, you are wrong. gang members, sexual predators,

these are cr criminal, carrying fentanyl, not all of them but there's a reason they didn't turn themselves to the biden administration. griff: alexandria ocasio-cortez is upset that people aren't getting more of an opportunity to apply for asylum, here is a little bit of what she had to say. >> this administration is making impossible to seek refuge at the border. president biden should listen to courts and reverse course. griff: your reaction? >> aoc ought to go to the border like she did during the trump administration when two children died she ran down there and claimed humanitarian crisis, people are dying, well, aoc go down there now because you have over 1700 dead migrants under biden administration. a record number of children and women being sex trafficked across the united states. the federal government has released 250 250,000 in the cou.

they worked children in the meat camp. pay attention to what is happening now, not only great humanitarian crisis but national security crisis. every time she talks about immigration she's wrong. she's the worst congressperson in the united states congress because she doesn't do her homework. griff: you know, tom, there's an indication that the number of people, the giver-ups at the border are coming down, i saw a little bit of that in the past 3 weeks but yet i also saw on several occasions every day the smuggling increasing, what do you make of the numbers and what's happening? >> well, look, i said months ago, they are going to create a program down south and -- they will make illegal immigration legal. they will bring half million

people a year in parole program which is illegal by the way. parole is case by case analysis based on public benefit or urgent humanitarian concern. case by case analysis. when the president said we will do 30,000 a month that should be exhibit a and lawsuit that 20 states brought against this administration. look, it's illegal. it's going to be shut down. and the numbers creep back up, illegal entries creep back up they can no longer to border entry and bring republicans, the numbers are tripping up because the republicans beat us on this. this is their plan. they inherited the most secure border in my lifetime and within a year created the most historic illegal immigration the country has seen. they set up illegal programs they will lose in court. why not secure the border? what's the downside less people getting sexually assaulted,less people drowning in the country, there's no downside in securing the border, that's what they should be doing, instead they

are creating programs that are illegal and lose in court and they will blame republicans. griff: we shall see where it goes. tom homan, former ice director, fox news contributor, that you think for your insight. >> thanks for having me, griff. griff: molly. molly: we have released video of alex murdoch speaking with police claiming someone killed wife and son next. ♪ ♪ ♪

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>> other than being assaulted has he received any direct threats related to the boat accident? >> oh, yes. all the time he gets threats. >> yes, sir, he gets them all of the time. molly: that was alec murdaugh the night his wife and son were murdered. murdaugh is on trial and seen presenting alternative theory for perpetrator. for more on this case on mysterious events that surround the murdaugh family we are joined by attorney andrew stoltman, andrew, we heard a little bit of that interview. let's start with the father alex

murdaugh, referencing the prior beating accident in which paula's boat. naming a ground's keeper. your thoughts on the way he answered the questions. >> literally he gives us excuses, someone else who might have done it. it just doesn't seem sort of conduct by somebody who found his son and his wife dead. i think it's a little suspicious. molly: do you think is a man trying to make sense of what happened in realtime or trying to throw the scent off himself, is that what the jury is tasked with untangling? >> he's a former prosecutor. comes with a family full of attorneys. he knows as the husband of the wife he's going to be the first

suspect. i think right off the bat he's trying to throw the police off of his scent and i think this is all part of his routine, his scam to get the prosecutors, to try to get the police looking at anybody else besides him. molly: let's listen to a moment. it is being questioned by the defense. >> that's correct. >> he was cleaned, correct? >> to my vision he was clean, yes. >> and it did not like like he had just blown his head's son? >> i didn't say that. >> andrew, what do you make of what the defense is trying to do there? >> yeah, look, this is an uphill climb for the prosecutors traditionally in murder cases we see direct evidence, i don't think prosecutors have that in this case. there's no murder weapon,

there's no eyewitness. i think the 64,000-dollar question is ally. mr. murdaugh is saying i came upon the scene and i saw what took place, i tried to take the pulse of my son and my wife but i couldn't do it. the whole thing is just a little suspicious but we just don't see this type of evidence, the direct evidence that jurors are so used to. we live in era of csi and para mason where jurors expect this got-you moment. i don't think you will see that in this case and i think that's the reason why prosecutors face an uphill climb in this case. molly: you mentioned it so let's delve. alibi mother, he claims he went to visit her. >> that's what he says. this has been outlined in papers, i think you're going to see a video from the son who was murdered where alex murdaugh's voice can be heard on the video literally minutes before he is killed and if that's true and

accurate it blows a hole in the ally and murdaugh goes to prison for the rest of his layoff. >> what do you think is the strongest peace of evidence in this case against alex murdaugh? >> i think it's the digital footprint. there are witnesses who will be called from snapchat and also from, i believe, google in order to triangulate where his cell phone was at the time of murders and to the extent they can place him at the property at around 8:45 p.m., the time of the killing, it's game set match. it's going to be the digital footprint that ultimately sails him down the river if, indeed, he's found guilty. molly: do you think that this case, there's a little more suspense here than we see in some cases as to whether or not how a jury would ultimately decide? >> yeah, absolutely. this defendant is to different than the typical defendants we see in the murder cases and i think his lawyer and mr. murdaugh face a big, big issue, will he testify, rule

number 1 of criminal defense, never let your client speak to the police or testify in the case. in this case it might be different because you have somebody who is a former trial attorney. you have somebody who is smart and charismatic, he might be able charm the jury and charm his way out of a life sentence. molly: oh, my goodness, andrew stoltman, a lot of people rivoted by what is going on there. griff: that's it for us. great to be with. fox news live continues next hour with rich edison and laura ingle, i'm griff jenkins. molly: and i'm molly line, thanks for watching. ♪ ♪ ♪ ♪ ♪

rich: protesters hit the streets across the united states last night after the release of body cam video of the police beating that led to the death of tyre nichols in memphis. the five former officers involved face murder charges, and now a sheriff is opening an investigation into two deputies who were also at the scene. hello, everyone, i'm rich edson in for eric shawn. ing. laura: and i'm laura ingle. the video you are about to see is graphic. it shows officers punching and kicking mix also for abo -