>> that's where you're going to the super bowl in arizona. >> when you're on tv next week every day it will be dark. at the end of the show we'll see that over your shoulder. >> if the sun is an indicator, if the sun decides to shine i'll be there. >> will tom brady start working for fox immediately? >> when he finds out i'm going i don't think he has a choice. >> bill: more on the future for tom brady in a moment. breaking news at the border moments ago in a fox news exclusive. iranian on the terrorist watch list crossing into america. the first of many. this has been going on for a couple of years. hello, partner. >> dana: a big day here. asme owe dana perino and this is "america's newsroom." we have a lot to get to. texas authorities arrested a suspect as part of a human smuggling bust in the trunk of a car with four other migrants. you can see him here in the red hoodie.

>> bill: he is one of nearly 40 on the watch list arrested at the border so far this year. fiscal year 2023 which started in october, okay? your october, november, december, january, we're already at that number. the problem is growing under president biden. republicans today will begin the process trying to hold him accountable. >> dana: one hour from now house republicans hold the first hearing on the border crisis. the focus will be on smuggling and the influx of deadly fentanyl. >> bill: arizona sheriff mark dannels says the situation is untenable. >> i'm coming to d.c. to address the reality of what's going on in our community, talk about the destruction and disarray and crisis on our border. there is no political spin. this is reality coming at them this morning. i appreciate chairman jordan bringing this committee together to address this today and have me here. i'm looking forward to it. >> dana: former border patrol chief rodney scott is here in

reaction. let's begin with bill melugin and the reporting live from the rio grande valley in texas. hi, bill. >> good morning to you. i can confirm that the arrest of this iranian national happened last week. it all began with a texas dps traffic stop that we have video of. a texas trooper pulling over a human smuggler on a texas highway near del rio last monday. they get into the car, find five illegal immigrants being smuggled inside. the driver was an american from houston. several of the men were being smuggled hidden in the back of the trunk. one guy has a red hoodie on. he was a iranian national being smuggled in the back of that trunk. we have a closer look at him. look at these images. this is 29-year-old had ari, according to his passport he was born in tehran. i'm told border patrol arrived and did the standard background

checks with federal databases and at that point multiple law enforcement sources tell me his name and date of birth flagged as a match on the f.b.i.'s terror watch list. i'm told federal law enforcement got involved, ran more checks and confirmed that his name was a match on the list. i'm told the f.b.i. is now the lead on this case and is now handling this case and what will happen next is federal law enforcement will continue to do more vetting and more checks to figure out why he is on the f.b.i.'s terror watch list which is a database of known or suspected terrorists. keep in mind this guy was caught by texas law enforcement, not by federal law enforcement or border patrol. he had already gotten into the united states. dhs and ice both referred me to the f.b.i. they had no comment. i reached out to the f.b.i. they tell me they decline to comment. the border patrol union is speaking out on this incident telling fox in part if not for

the work of governor abbott and texas dps this man would be at large on the streets today on u.s. streets today and looking to do harm to the u.s. and our fellow citizens. he entered the country illegally and evaded apprehension by border patrol. it fell to texas d prick s to do our job because biden continues to play politics with the safety and security of our children, friends and neighbors, end quote. i want to stress trying to get any information on this iranian national or what happened with this incident from the federal government has been like drawing water from a rock. i first reached out to dhs and ice last thursday about this. almost six days ago. they didn't get back to me until yesterday. they referred me to the f.b.i. reached out to the f.b.i. they tell me they decline to comment. right now we don't know where this guy is or who has him in custody at the moment. we know this is now at least the 38th or 39th person on the terror watch list arrested at

our southern border since the fiscal year started on october 1st. send it back to you. >> dana: stay on it and we'll keep you coming back. >> bill: one of the key witnesses today is joining us now former border patrol chief rodney scott. good morning. you are in washington, d.c. and we'll watch the hearing get underway in an hour. numbers with our viewers, stunning stuff. terror watch list suspects caught at the border since october '38. fiscal year 22, 98. now we've got these numbers of the gotaways at the border in the past 3 1/2 months since the first of october 30, 4000, which averages 2,472 a day. they come into our country, we don't know where they go and they disappear into our cities, our towns, and our states. what is your message today in d.c.?

>> the message is there are real threats coming across that border every single day and this mass migration that the current administration wants to say is asylum seekers is providing cover for the cartel to bring in other threats. bill hit the nail on the head. viewers need to understand this individual was caught by texas dps. that means it was a gotaway. that 300 plus thousand are the known gotaways. there are hundreds of miles of border completely unpat rolled every single day because agents have been pulled off their enforcement duties and processing immigration cases. the cartel now has an endless supply of human beings to throw at the border patrol to keep them overwhelmed and we have no idea what or who is coming into our country. it is on the back of the biden administration and their policies. >> dana: talk about fentanyl as well. 300 americans a day are dying from fentanyl poisoning. call for three here. the seizures at the southern border are just incredible.

14,000 pounds in 2022 and just through december this is fiscal year from october to now, almost 10,000 pounds. we're on track to possibly quadruple that number. what do you think the committee will talk about today? >> i hope again they talk about what we don't know. what is getting away. those seizures are amazing numbers, that's the known. i was talking to somebody in the border patrol this week and they said an entire station's enforcement was shut down. that station is now processing immigration cases. when they are normally on the highway running checkpoints. they had almost a seizure of narcotics every day. for the last couple of months they've been putting 0s on the board because they haven't been allowed to leave the station. my worry is the bigger the loads are, that means the cartel is more confident that those loads will get away. we need to be talking about that. clearly you see the deaths across america.

we aren't stopping all of it. we have to do something about that. >> bill: good luck to you and watch for the hearing to begin less than an hour from now. good luck today, sir. thank you for coming on today. >> thank you. >> bill: big breaking news. the legendary quarterback tom brady is calling it quits for the second time in 12 months and this time he says he means it. 45 years old. nfl superstar announcing the retirement for the second time in his career and now he says it is for keeps. the message on twitter from the beach which looks like miami, florida. watch. >> good morning, guys. i'll get to the point right away. i'm retiring. for good. i know the process was a pretty big deal last time so when i woke up this morning i figured i would just let you guys know first. i won't be long winded. you only get one super emotional retirement essay.

i used mine up last year. i really thank you guys so much to every single one of you for supporting me, my family, my friends, my teammates, my competitors, i could go on forever. there are too many. thank you guys for allowing me to live my absolute dream. i wouldn't change a thing. love you all. >> dana: a little bit emotional there as he makes that announcement and this time it is for good. >> bill: with us now is kyle rudolph, nfl tight end with the minnesota vikings and played with tampa bay and tom brady. you caught what is one of his last passes and touchdown passes ever. you were only with him for a year playing time. what was it like? >> you know, it was incredible being able to go to work with him every day and certainly when i came down here this year and i

had hoped to catch a lot more than just one touchdown pass from tom, but to be able to have caught his last regular season touchdown pass and be a part of the guy, it is pretty special. being able to see im go to work every day and the way he prepares even somebody like myself being in the league for 12 years, i was able to learn so much from him in the way he approaches the game and just daily life in general. it was an absolute honor for me even though things may not have gone the way we planned this year, just to say i got to play with him and see him go to work was incredible. >> dana: you mentioned you learned a lot from him and how he lived his daily life. did you change anything in your routine after playing with him for a bit? >> he just -- you watch the way -- everyone knows the method and how he takes care of his body.

you don't play at 45 years old at the level he played at by accident. i think that it rubs off. for me i'm not young anymore, either. 33 is old in this game. if i want to continue to keep playing and try to play at a high level you see the way he takes care of his body, the way he eats and prepares to go out onto the practice field. those are things that for me to be able to come down here and see on a daily basis was really special for me and certainly eye opening. >> bill: pretty remarkable when you think about it, right? it's possible we may never see the likes of him again based on the length of his career, kyle. if tampa were more competitive this year with greater potential to compete next year, do you think he would still be playing? >> you know, it's hard to say. i think you can look at it in a myriad of ways whether we would

have won the super bowl and ride off into the sunset. 23 years is a long time. i think you see it in his message he posted on social media where that's just how he wanted to do it. he is on a beach. you know his kids are close by and wants to be around his family and he truly is the greatest that's ever played our game and it goes beyond a generational talent because he is one-of-a-kind. it doesn't matter which generation of football you look at, he is the best ever. no one would ever question that. i think you see it in his message and he gave everything he had to this game and like i said i was fortunate to be able to see that for one season. >> bill: thank you, kyle. good luck with your player of the year as well. >> appreciate you guys. thank you. >> dana: good to have you. >> bill: twice in a week. what do you think? here is what happened. dana and i do the predictions at

the end of the year. i thought tom brady would play another year. i went to tampa for the joe burrow and tom brady game and he looked great. his team wasn't at the level he needed. he wants to win a super bowl. if he thought his team was in a position to do that i think he might be playing. you leapfrog to another team and turn that around within a few months to get ready for the summer and we had talked yesterday about the possibility of san francisco. maybe the 49ers weren't looking for that. i don't know what's behind that or what the truth is. i was wrong in my prediction. >> dana: i was waiting for that. >> bill: one more thing. it looked to me like he recorded on the beach in miami. we know his ex wife gisele moved to miami and i think his kids and family were all together around that time. that would be my best guess based on that. >> dana: i think it was three years ago on the 51 of my predictions he would retire that year. i got that wrong as well.

i thought he was very gracious and dignified and a neat way for him to let everybody know all at once with a video and hopefully he has a great day and then a fox analyst. >> bill: when jim gray did the podcast two days ago and played the clip yesterday learning from people who have talked to him for many years. that was a sign that he was leaning toward the broadcasting booth. a colleague of ours now and we welcome you to the fox family, tom, for many years to come. congratulations on an awesome career that may never be duplicated in the history of the nfl. >> dana: good to have you as a colleague. we have more to come. here we go. >> staying in the house and staying warm. trying to get as much done before it gets bad. >> dana: millions of americans in the path of a dangerous ice storm making roads treacherous from texas to kentucky. it is also having a major impact on you guessed it air travel.

the latest on that. >> bill: artificial intelligence will it determine the news you read? how tech could control what information we consume. >> dana: a jury has now ners acquitted a pro-life activist. dollars every month, pay off the balances on your high-rate cards with a lower rate va home loan from newday usa and get the financial peace of mind every veteran deserves. no one takes care of veterans like newday usa.

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>> bill: this winter storm leaving two dead as an ice storm slams the southern u.s. from dallas to memphis, tennessee. treacherous travel conditions, power outages. semi truck losing control on a bridge in oklahoma. hit a barrier, and veered into oncoming traffic. forecasters warn the storm is just getting started.

>> we expect conditions to worsen as the temps remain below freezing resulting in ice accumulation at the infrastructure power lines, tree limbs, throughout thursday morning. >> bill: rolling into february now of the first of the month you can stay up to date on conditions near you 24/7. download the app. it is free, fox weather app. keep in mind you can get it 24/7. >> dana: artificial intelligence entering a new front tier. social media appear for news reading called artifact and relies on a.i. technology. joining us now is the author of the book nation of victims. so kevin is one of the co-founders, vivek, he said this. he saw the shift in the technology about how algorithms are doing predictions. why isn't this happening everywhere? if that's the future of social, why is twitter still primarily

follow base and facebook? now you have a new technology. i'm interested because i think that the way that twitter has done news lately is driving me crazy. it is not working for me right now. is this something for somebody like a news hound like me that i might really like? >> here is what i would say. in one narrow sense i like it's a throwback to text unlike tiktok which uses algorithms. text is less addictive. i think the problem is i'm good with using a.i. okay with using it to promote what sneakers you want to buy and provide more tailored consumer choice. here they want to give people news or ideas they want to see. i'm worried about that. i think it worsens you are echo chamber problem. you can argue it exists on television or internet where people choose to go consume the news or ideas they want. when you algorithmic supercharge

that you create permanent silos and makes censorship fix worse. one protection against censorship today you can put the accountability at the feet of human beings as we've seen over the last six months. once you make that at the feet of a.i., no one is accountable and the censorship becomes woven into the fabric of the modern internet and news. those are my conis application in particular. not a general concern of a.i. but serving us the news and idea we want to see. >> dana: i would like to ask the developer more about it. he wouldn't want to be somebody who would censor news but i take your point. it is a concern. look at this how quickly people are reaching a million users. how many days do you think it took for chat gpt to get to a million users? five. put this on the screen for everyone. facebook it was 305 days. iphone 74.

chat gpt only five. i guess it means that people have a lot more access to phones, technology, maybe getting more comfortable with trying new things or looking at new things like this? >> look, i think that's also a testament to how good chat gpt is in its early days relative to the other platforms. give credit if more people want to use it, it is offering them something of value. some of the same concerns about chat gpt taken to the next level. it is a substitute for people learning how to write on their own because as you are well aware, schools are now actually seeing a problem where kids are submitting he essays on chat gpt. students need to learn to write to teach them how to think. i had an 11th grade english teacher the way you know what

you think is if you can't write it down you don't know what you actually think. language carves the channels through which thought flows. when a.i. is a substitute we might get better products in the end but lose the human faculties and capacities to allow us to be thinking free agents ourselves. that's my concern. not that the product isn't any good. >> dana: it is happening very fast. thanks for being on the show today, vivek, have a great day. >> thank you. >> first look at does the current situation push for new leadership? the second question is, am i that person that could be that new leader? i think i can be that leader. >> bill: the former south carolina governor nikki haley expected to announce today she will run for president in 2024 and why she believes she will get the gop nomination. a pro-life activist acquitted on

charges he assaulted a planned parenthood volunteer. he will join us live with his side of the story today.

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>> dana: a live look now in memphis as friends and family are gathering to say goodbye to tyre nichols the 29-year-old brutally attacked by five police officers during a traffic stop on january 7th. angry activists are demanding justice in response to graphic body cam video of the incident. all officers involved have been fired and face second degree murder and other charges. vice president kamala harris will also be there today to pay her respects this morning. >> bill: emotional moment in memphis. in the meantime nichols death prompted the release showing a similar incident in chicago. the video is graphic. officer can be seen repeatedly punching a man in a holding cell. it happened more than three years ago. the video is being made public.

gary garrett tenney is live in chicago. >> this came after a tense traffic stop in 2019 when the man stewart reached for a gun in his waistband and slightly raised it at the officers before they fought over the gun. later on this video shows one of those officers fernandez walking to stewart's cell with another officer. he pushes back and things go downhill from there with sergeant williams grabbing stewart and holding him as they wrestle him around the cell. hernandez hit stewart in the head and the beating continues repeatedly punching stewart in the head. they eventually let stewart go when my officers arrive. it is important to note this incident was investigated. both officers were suspended, one for 10, 1 for 15 and the

city paid stewart $45,000 in a federal lawsuit he filed. stewart and his supporters are now calling for more including for both officers to be fired. at a press conference at city hall yesterday community activist said there is no place on this police force for that type of uncalled for violence on an unarmed man that is already in police custody. it is uncalled for and it is appalling. while stewart says he was moved to release the video after watching the beating of nichols, according to the chicago sun times stewart is also currently facing multiple felony charges in a separate case for allegedly fleeing from police who saw a gun in his car, crashing the car and falsely claiming it was stolen. in releasing this video to the public he is calling for those unrelated charges to be dropped as well. >> bill: thank you in chicago. we'll follow it. garrett tenney. >> dana: president biden and house speaker kevin mccarthy

will meet today. we hit a record of debt in january in back in 2006 biden was a no vote on increasing the nation's borrowing limit and speaker mccarthy will likely remind him of that. >> if you listen to the president in the past he always thought people should sit down and negotiate especially on the debt ceiling. we call those negotiations the biden talks. i would expect the same thing to happen. >> dana: we'll see. one thing interesting. when kevin mccarthy -- when biden was vice president, kevin mccarthy met with him once a week. remember the congress went down there and meet with all the time. they know each other more than people might realize. >> bill: it will be a tough fight and see how it goes. we have this story. our next guest is a pro-life activist just acquitted for charges that he interfered with abortion access at a planned parenthood center in philadelphia in 2021.

his name is mark houck. good morning to you. you were accused of violating the freedom of access to clinic entrances called the face act. call for one. if convicted of these offenses you would have faced up to a maximum of 11 years in prison, three years of supervised release and fines of $350,000, wow. i've seen a lot of interviews you've done. your 12-year-old son was with you that day and he was being harassed by another person there on the sidewalk. you pushed him away and that's what led to the confrontation. here is what i don't get. why did it take ten months for the f.b.i. to come after you? >> well, that's a good question. i really don't have answers for that. but i would just give all thanks to god for the result that we have. we had a local problem, a father's rights, basically a dad trying to protect his son. it was handled in the local

courts, dismissed in the local courts. but the federal government picked it up five days after the dismissal, decided to make a case of it. i don't really get into the opinions of whether it is a political issue or not. seems logical to me but the federal government did come after me with the full force of the law and raided my home on september 23rd as a response to that. and here we are four months after that raid vindicated hopefully with no issue with appeal. >> bill: were you surprised at that decision? >> at the jury? no, i give thanks the jury saw i was an innocent man and i was a dad just trying to protect his 12-year-old son and exercise my first amendment rights, bill. i was just there doing what i always do for the last 20 years and so i think the jury saw through it. jury of my peers in philadelphia. it was a unanimous verdict.

12 jurors saw the truth for what it was. i had a phenomenal legal team, probably the best criminal defense attorney in the country. thomas moore society led by peter bream were by me the whole way. >> bill: if the jury goes the other way you look at jail time. remarkable stuff there. i know you said you didn't want to get into it in your first answer. why do you think they came after you? >> i'm a pro-lifeer and been an activist for 20 plus years and we all know what happened in june and we all know roe v. wade was overturned and does it sound like a coincidence? you know, i can't speculate but it seems too good to be true for me that the government would decide after 20 years this is the time to go after this man who has been peacefully protesting and praying for years. and all of a sudden in light of

the climate and culture this is a good time to come after pro-lifers, the law was on our side and even the judge said the d.o.j. needs to go back to washington, d.c. and fix this statute. it is being stretched way too thin and so the government needs to look at that. >> bill: thanks for your time. i've seen varying accounts of the number of f.b.i. agents that went to your house. up to 25. can you confirm that today that it was 25? was it more or less than that? what was the number? >> it was over 20, bill, 10 to 15 unmarked and marked units on my property. over 20 federal agents. >> bill: who was home at that time? you and who else? >> it was 6:45 in the morning. i was up. my wife was asleep and seven children were still asleep. >> bill: they have a story, too. thanks for your time, mark. mark houck, he beat the system

in bucks county, p.a. thank you for coming on today. >> dana: a shift in the nfl. tom brady hanging it up for good. his friend jim gray is here with reaction. plus this. >> the immigration system has been terribly broken and outdated for decades. we are doing everything that we can to increase its efficiency. i will continue to do that with tremendous pride. >> dana: secretary mayokas firing the first shot at republicans ahead of a panel having a hearing on the border crisis. a study on the risk of multiple concussions, dr. siegel looks at the findings and its impact on your brain next. it's time for the "good news of the week." and, boy, do we need it. [ chuckles ] well, this safe driver saved money with the snapshot app from progressive. -how do you feel? -um, good? he's better than good.

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>> bill: new study on the impact of multiple concussions on brain damage later in life. researchers out of the u.k. found that suffering three concussions leads to significantly worse executive function and attention scores. four concussions cause worse than attention. processing speed and working memory. dr. marc siegel professor of medicine and fox news contributor. large pool here, 15,000 participants. it was done online. every year for 25 years. how much weight do you give the study? let's start there. >> i think it's eye opening. 15,000 participants in the united kingdom at oxford, exeter. the weakness of the study it is by report only. we like to say questionnaire studies are weak. they're saying how many times did you have a concussion, how severe was it and based on someone's memory. the strength of the study they tested people. i look at it more as something

that's awareness raising, bill. the number of concussions that you have increases your chances later on of performing worse on tests, cognitive testing and thinking and decision making. a cumulative effect. it points out something more important. how close together do you have these things? we like to say that you need a period to allow the brain to heal. so if you get a concussion and you get clocked, you have to stay out of the action after that for at least a week and then there are some subtle signs that, you know, we've seen it in the nfl recently with one of the players which is it can be a problem with walking, with gait, dizziness and headache. you don't feel quite right. if you get back in the game and get hit again your chances go up astronomically that you'll have a problem. >> bill: different degrees of

head injuries. it could happen in lacrosse, baseball, football, snowboarding, skiing, you name it. does the brain ever repair damage that is done to it? >> yes. it is especially important in the first few weeks. by the way you mentioned those other sports. i want to give a shout-out to boston university traumatic unit up there doing tremendous work and did a big study on hockey back to high school. 74 hockey players autopsy studies. over half of them had incidences of this cte, damage to the brain. and it has to do again with how many concussions you have, are you allowed time to repair? are you going back to the action? we have a test we can do on the sidelines now where we look at rapid eye movements and see right away whether someone has a

concussion or not. your brain is being shaken inside your skull and it can be quite subtle but cumulative. tom brady who just retired says concussions are part of the game. we have a lot of spirit of teamwork and getting together. that's really important and positive. i am not on here bashing sports. i think team sports from the greatest thing we have in the united states in terms of getting people together. but we have to pay attention to the medical risks. one more thing. it isn't just head injury, bill. if you get hit from the side you may actually absorb some shaken brain up there. it isn't only direct hits to the brain. nfl is working on better helmets. a helmet challenge in 2019 and that's really important, too. >> bill: thanks for looking at that and more to come on this, right? we know that. dr. marc siegel. thank you for coming in today. >> dana: we have breaking news. the f.b.i. is now in delaware

where president biden has his beach home there to search for potential classified documents. this just coming in. we understand that this was a consensual agreement. f.b.i. didn't need to get a warrant to enter the home and look for any documents. what's interesting is that the president and mrs. biden went to this home while the other one was going to be searched. a question of why would that be allowed? >> bill: there were some other things that happened in the penn biden center initially. andy mccarthy brought this point out repeatedly is that it was said they self-reported but what mccarthy believes is that the president's lawyers found these document and reported it to the white house and then brought in members of the d.o.j. to come and collect that material from the penn biden center for the national archives. did they not spend the weekend this past weekend in camp david? >> dana: they did.

>> bill: you have a home in wilmington and a home at rehoe bath beach. they decided not to go to either home. he was at camp david. did you know something was there and something was up? >> dana: or did they just decide to do there to go one final check. jonathan turley is on the phone with us. does this surprise you at all? you are here with us. i see your face. it is great to have you, jonathan. i thought maybe you were on the phone. thank you for getting up to speed on all of this for us. not a surprise to you that they would want to look at the other home of the bidens? >> no, the only surprise is the date. this has been a rather lacks -- relaxed look for classified material. it was found in early november, we're now just getting to a search of the beach house

residence. that doesn't give you a sense of urgency about the possibility that classified material could still be out there. what's also interesting is that they are going to pursue this second residence but there has been no indication that they are going to the university of delaware. the university of delaware is sitting on an enormous trove of documents from the president's period as a senator. we already know that he did have some classified material that apparently he removed from the senate that was located in one of his residences. there has been no discussion about looking at this massive amount of material. sort of like fishing in a swimming pool next to an ocean. the number of documents at the university of delaware really are staggering.

what concerns us is that the bidens essentially turned the university of delaware into a giant lockbox to keep people from seeing his papers, including possible papers dealing with the allegations of sexual harassment. but now there are serious questions about classified material and no indication the f.b.i. has gone there yet. >> bill: professor, i will read a statement from bob bauer, the lawyer for the president, the main lawyer in this particular incident. it reads like three sentences long. if anything pops out at you i want you to interpret it. pressure is on you. today with the president's full support and cooperation the f.b.i. is planning a search under d.o.j. standard procedures in the interest of operational security and integrity it sought to do this work without advance public notice and we agreed to cooperate. the search today is a further

step in the thorough and timely d.o.j. process. we'll continue to fully support and facilitate. we'll have further information at the conclusion of today's search. so the middle line, professor, is what you knowed to key on. under d.o.j. standard procedures in the interest of operational security and integrity it sought to do this work without advance public notice and we agreed to cooperate. is this s.o.p., standard operating procedure? >> the department of justice does not the end to send out pre-warnings about searches, although we've seen some notable exceptions. it seems uncanny how media were present at some homes like the home of stone, who was raided late at night, an associate of former president trump. it always seems like the media is given some advance notice when that notice is valued. but certainly as a standard

operating procedure you aren't supposed to do that. the problem with the statement is the word timely. unless you adopt the most glacial pace as the measure this is hardly timely since you first discovered classified material in november. >> dana: that's what i was wondering about, too. david spunt is live at the justice department and let's see what you have, david, as we finally have just found out that the president's beach home is being looked over by the f.b.i. today under a consensual search. >> the f.b.i. that is there. the president's personal attorney and bill and jonathan, bob bauer was careful to put out a carefully worded statement saying d.o.j. is there. yes, the f.b.i. is technically part of d.o.j. but we're talking about f.b.i. agents at a sitting president's vacation home right now searching for potential classified documents. we figured this would happen at

in delaware. it seems like there is a slow drip every weekend we are learning that f.b.i. agents went back to wilmington and found more. a few days they went back to wilmington and found a little more. a few days ago this past saturday we were waiting for some kind of movement at rehobath. it is happening this weekend while the president is back in washington. another really important point. when it first broke and cbs first broke this story a few weeks ago, the attorneys for the president claimed they searched the wilmington property and there were no classified documents found. well now we're learning the f.b.i. is not going to just take

the president's attorneys' word for that and f.b.i. agents are going through and searching the property. it is also to be noted today is the -- i don't want to say official start because special counsel robert hur has been getting briefed on this investigation, this mammoth investigation. he will be undertaking it. he has been getting briefed over the past few weeks since merrick garland said he would be investigating these classified documents and now an official website up for robert hur at the department of justice published 30 minutes ago. it shows his staff is now on board, fully there and ready to go and this happens to coincide at the same time the f.b.i. is searching the home of the former president. as bob bauer said, the attorney, this is consensual. however, it is still -- you just can't underscore the fact that

the f.b.i. is at a sitting president's home right now. >> bill: just back up a second here and want to bring back professor turley for a specific question what could and could not be on there. but first i want to get to david spunt. david, the lawyers for the president found this material at the penn biden center, right? and they reported it to the white house as we mentioned a moment ago. david, do you know who found the material at the wilmington, delaware home? was it his lawyers or the president himself or was it a housekeeper? >> unclear. a question we've pressed, a question we want to know. special counsel's office is not talking, f.b.i. is not talking. white house is not talking specifically about that. bill yesterday we just found out that i was talking about this slow drip of information as these weeks go on. we found out the f.b.i. went to the penn biden center in mid- november. we find out about this on

january 31st. the question is if the f.b.i. went to the penn biden center in mid-november why did the f.b.i. not go to the wilmington home until january? we know that biden's team and what not was looking at some of these documents in december but why was the f.b.i. not there until january when the f.b.i. was at the penn biden center in november? so many questions. i wish i had all these answers but we're certainly pressing for them. >> dana: it is very interesting. it is different and awkward with a sitting president. let's take a moment to let it sink in. the f.b.i. is at a third location owned by the president of the united states right now. consensual search, we get it. it is significant. andy mccarthy is joining us now as well. thank you for being willing to jump on board an give us your take this morning as this just broke this morning that the

president is not there, his wilmington house is someplace he goes to a lot and we also know that a lot of other families members have been there and who knows if there are visitor logs for that house? your take on this developing news this morning? >> i continue to think that they were put on their back heels by the cbs report that broke the story on january 9th. if there was an intention here to be transparent and to self-report and all the things the administration claims to have done, the sensible thing would have been beginning november 2nd when the first batch of classified information was uncovered, what you would do is get the f.b.i. involved at that point, search all the places where it might be conceivable to have information, and on that score by the way i

would point out that president biden, when he left the obama administration, didn't start using the penn -- what became the penn biden center until mid 2017. the document in the first batch found in that office had to have been someplace else prior to that. but you would do all of this intensively at the beginning and then make a disclosure once with an inventory of everything that you found in the different locations. so the only way this makes sense to me is if they never intended for this story to become public. they got put on their back feet by the cbs report and have been scrambling ever since. none of this makes sense. what particularly doesn't make sense is the fact that the justice department early on green lighted the idea that biden lawyers who do not have security clearances could conduct these searches at the bide