five decades ago. recently president biden said it will spark a new chapter of possibilities in terms of space explo exploration and the crew will be a diverse group of astronauts. this time around the agency says it is committed to gender, professional and racial diversity in terms of the astronauts that they pick on this crew and will set the stage for artemis three when we see astronauts step on the moon. >> bill: the chinese spy balloon is back on the radar today. new report concerning the intelligence information it may have gathered from u.s. military sites before it was shot down. this is intriguing. brand-new hour begins now. hope the weekend was joyous. i'm bill hemmer. dana has the day off today. aishah. >> aishah: good top here.

i'm aishah hosni. the new report claims despite u.s. efforts to block it, that chinese spy craft was able to collect sensitive electronic signals from weapons, equipment and communication channels as it floated above all those military installations sending them right back to china in realtime. this was the worst case scenario. now we know it happened. fox not able to confirm this nbc report. u.s. officials are already pushing back on this telling us the information it got was of limited value. that craft first entered u.s. airspace over alaska back in january 28th. it was shot down february 4th off the south carolina coast. mike emanuel with more on this late braking news. >> the new report from nbc says the chinese spy balloon gathered intelligence from several sensitive american military

sites despite the biden efforts from keeping it from doing so. it came from a senior administration official. china was able to control the balloon to make multiple passes over key sites described as, at times. flying figure eight formations and transmitting it back to beijing in realtime. the top republican on the senate intelligence committee offered this assessment. >> there is a reason why these things fly. they fly over the country to collect signals intelligence. part is a test to see whether they can penetrate airspace. part of it is collecting intelligence in realtime. video, signals intelligence, still pictures fed back in realtime and so forth. that's what this was. >> pentagon officials tell fox news any signals or electronic intelligence the balloon gathered was of limited intelligence value saying measures were taken to limit the chinese ability to collect when the balloon was over sensitive

sites. the general said based on the information we have it was being maneuvered and purposefully driven along its track recognizing winds do play a role because of the maneuverability of the balloon. it was a purposeful mission. what officials have learned has come from analysis at the f.b.i. labs at quantico. >> aishah: stunning report. >> bill: right now president trump is getting ready to leave mar-a-lago and fly to new york city before his arraignment tomorrow after his indictment on criminal charges. president trump's attorney says he expects to file a motion to dismiss, which for now that indictment remains sealed. jonathan turley has the analysis. david spunt has the reporting why we begin this hour. david, hello. >> while tomorrow may be groundbreaking and history making this case out of manhattan is the least of the

former president's legal troubles and that's not just me talking. it comes from the mouths of the president's former attorney general william barr. here in washington special counsel jack smith is moving quickly. he was appointed by the current attorney general merrick garland in november. so far he has gotten trump's own attorney to testify before the grand jury and he is fighting to get mike pence to do the same. smith is investigate knowledge trump's effort to overturn the 2020 election but also the mar-a-lago documents. more than 10,000 seized by the f.b.i. from mar-a-lago taken from washington to florida. about 100 marked classified according to the d.o.j. barr says smith isn't focused on the taking of the documents but something more legally troubling. >> it's an issue in that case is not the taking of the documents. it is what he did after the government sought them and subpoenaed them and whether there was obstruction. i think that's the most serious

one out there. >> special counsel smith is investigating obstruction. the post reports document were moved and trump form lie examined some documents after d.o.j. issued a subpoena to return them. a source familiar with the case said secret service agents connected to the former president are expected to testify before the special counsel's grand jury in washington, d.c. later this week. these are agents around the former president in florida and related to the documents probe. bill. >> bill: david spunt, d.o.j. jonathan turley joins me now. welcome back. a couple technical questions here. how much thought have you given to consideration for the judge to put a gag order on the former president after the appearance tomorrow? >> that is one of the questions that many of us will be asking tomorrow. judges have become increasingly aggressive in imposing gag orders in high-profile cases.

this is unique. you have someone who is a candidate for the presidency of the united states. this is one of the court issues that will be part of that campaign. trump is already campaigning on the weaponization of the criminal justice system. i think a gag order would be quite problematic and potentially unconstitutional. i can't imagine a judge gagging a presidential candidate to talk about a matter of such great public importance. i am generally not a fan of gag orders because of first amendment issues. but here i think a gag order would find really a skeptical series of appeals in front of courts. i think they would probably challenge that quickly. >> bill: his attorneys will is ask for a venue change. i imagine that will fail. will the judge allow cameras in the courtroom? >> on the venue issue they almost always fail.

i brought a couple of those motions in the past. this is a little different because you have a prosecutor who campaigned on bagging donald trump. was elected by the voters in this very district in part for that reason. but i think it will fail. but i think it should be given some serious consideration. >> bill: okay, wow. all right. we'll see tomorrow whether or not it happens. you wrote on friday afternoon, i don't know how much you've changed since then trump would have been better off robbing stormy daniels with a gun. bragg would have thrown that case out. unless this indictment reveals a previously undisclosed crime the use of the long-debated bootstrap offense would defy the rule of law. nobody is above the law but nobody is below its protections, including donald trump. explain that. >> well, bill, the initial

reference bragg has become notorious for taking violent felonies and knocking them down to misdemeanors or not prosecuting other cases and why this is so out of the norm for bragg. no, i still believe that this is a political prosecution. the reason is that you have a prosecutor that campaigned on this. the reported basis is an effort to bootstrap a misdemeanor that has now expired, the statute of limitations run and zapping it back to life by calling it a felony. to do that, the theory we're hearing is they'll use a federal election violation. the department of justice declined to prosecute. everything about how this case came about smacks of political use of the criminal justice system. so bragg is about to give donald trump a case positive to support

that this is a problem. that's why of all of these cases, trump would want this to go first. >> bill: bragg has a four-year term. in the second year. see how it goes. he campaigned as you pointed out, that he was going to get donald trump. a lot of them did here in new york. marco rubio raising a different concern a bit earlier today on "fox & friends." watch. >> now the precedent is set. now every state and local prosecutor in america who wants to make a name for themselves who can i target? can i go after george w. bush and barack obama and biden one day. i'll make something up because the partisans on my side will get behind me. >> it is a serious -- it's a fair comment. we could have a race to the bottom. for years there has been a type of detente. people wouldn't cross this line

because it would result in tit-for-tat types of prosecutions. i think there is a real danger of that now. you have these democratic district attorneys that have followed oscar wilde's rule the only way is yield to it ahey are yielding to it. what bragg is doing in my view is wrong. we'll see what he has in this indictment. we haven't heard of other crimes or theories for months. more importantly, if you look at how this indictment came about for the very public campaign of former prosecutors, including a book, a tell-all book, it really does smack of a political prosecution. >> bill: professor, thank you. tomorrow will be history, we know that. going to be interesting to watch the back and forth and whether or not at 8:15 at mar-a-lago what the statement is from the former president. we'll talk often tomorrow on tuesday and beyond.

here is this. >> i'm afraid that we have a long wait ahead of us and evan will be stuck in that prison for a long time. >> aishah: the u.s. stepping up efforts to get a u.s. reporter arrested in russia released. we'll tell you what the state department is doing now. >> bill: also a european country putting the brakes on artificial intelligence temporarily banning chatgpt because of privacy concerns. >> aishah: the democratic mayor of san francisco seeking state help to deal with the rampant drug problem and homelessness in that city. san francisco police lieutenant is standing by and will talk with us next. we handcraft every stearns & foster® using the finest materials, like indulgent memory foam,

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>> bill: so we're getting word the secretary of state antony blinken had a rare phone call

with his russian counterpart. our nation's top diplomat urging moscow to immediately release the reporter from the wall is journal evan gershkovitch. senior foreign affairs correspondent greg palkot watching the story yet again today in london. what's the latest, greg? >> the latest, bill, is that american journalist evan gershkovitch has just spent his first weekend in russian captivity and yes, pressure grows for him to be released. the 31-year-old "wall street journal" reporter was arrested by russia last week for espionage carrying up to a 20-year prison sentence. they deny it. he is being tough at a prison in moscow where, among others, american paul waylon held by russians has been detained. so far no access has been given to gershkovitch by u.s. embassy staff, lawyers, employer, family. in that call to russian foreign

minister lavrov, blinken conveyed the united states grave concern over russia's unacceptable detention of a u.s. citizen journalist. the secretary called for his immediate reply. we heard from "wall street journal" editor in chief tucker speaking with "fox & friends" earlier today and here is what she said. >> it is a total outrage. he is an accredited journalist and a visa and from the washington government out doing his job and it is completely unacceptable. >> the russian foreign minister's line is it's unacceptable that the u.s. has quote whipped up excitement about gershkovitch's detention and that his fate will be determined in court. experts say that could take months. it's being sought by the u.s. is label to putin government seizure of gershkovitch as a wrongful detention. would step up the legal and diplomatic measures to somehow

gain his release maybe via a prisoner swap. by the way, bill, we heard from the former russian held, wnba star britteny griner putting out a statement online that read in part every american is ours to fight for. strong words, back to you. >> bill: greg palkot watching it from london as we watch it from new york. the "wall street journal" is based in this building, it's very close to home. here is what the journal is saying today. russia takes a journalist hostage. the brazen arrest of an american journalist shows the declining ability from the u.s. to deter assaults on its citizens. the biden administration condemned the detention of mr. gershkovitch and we at the journal are grateful for that but fair to ask why mr. putin believes he can snatch americans and come out ahead? >> aishah: that's the question. how does this administrations ca late things? what do we do next because of this? the first person that i thought

of was paul waylon. i immediately thought of him. i thought does this make his situation worse? where does this put us and how does he get back? >> bill: britteny griner came home and he did not. the journal pinned that story to the top of their webpage. they're on it urging the administration to do more. >> aishah: the crime crisis in san francisco going from bad to worse. drug dealing, homelessness on the rise and the police force so understaffed that democratic mayor london breed is now asking the northern california u.s. attorney for help. federal help. the mayor writing the scale of the problems beyond our local capacity. let's bring in lieutenant tracy mccray from the san francisco police officers association. lieutenant, good to see you. good morning to you. you know what? i'll just ask you right off the top. what do you make of this letter?

is this about time or too little too late? >> well, hopefully it's not too little too late. you recognize you have a problem, you need to move forward. we want to move forward. everyone knows about our staffing crisis. so this is no secret. believe me, you want to call d.o.j. to help you with this problem before you have to call in the national guard because you don't have the police force. >> aishah: let's dig into the staffing crisis. i want to bring up the numbers to show how bad it is. you can see you are 541 officers below recommended staffing levels. that's tough. it has to be tough for morale in the city. she wants to beef up those numbers. what do you make of this? you think it's an about face? a turn around? not too long ago she was calling to defund or reallocate money from this police department.

>> i think, you know, like i said before. you recognize you have a problem. i mean, i will fundamentally disagree with the mayor when she made that statement three years ago. i don't believe that's the route you want to go if you want a police department and you want morale to be good and people here to do the job. you need us to do this job. stop hating what you need. obviously no one else is going to go and deal with this problem but police, right? you throw everything on us. so you know what? stop criticizing us and stop trying to break us down. you need us to deal with it. again, you know, i wouldn't have said it but it has been said, it's done. now it is time for us to move forward. work together to try to solve this problem because san francisco is a beautiful city. i want you to come here. i want everyone to come and visit. you can't do that if you have to keep stepping over people shooting drugs in their neck,

toes, god knows where else in their body. no one wants to see that? >> aishah: even if the mayor is able to bring more people in and recruit more officers, this can't all be on the back of the police force, right? she was telling job stewart the other day she didn't seem to think she had any solutions, policy solutions when it came to homelessness, drug addiction, mental health crises. so what, we just send more police in? >> no, we cannot be the alternative. we aren't the cheaper alternative. the board of supervisors need to get their act together and start working together to help solve all of these issues. we can't always be the alternative. you should have been investing in other alternatives years ago. instead you kept pushing it away for cute sound bites and saying keep this and that instead of focusing that we had a problem. instead of facing it head on you want to bury your head in the

sand. so it's the board of supervisors who want to stop codling people. i'm sorry, pull yourself up by the bootstraps. i get people need a helping hand but damn, how much do we just give them everything? you have to earn some of these things in life. so either get with it or you know what? step aside and i guess we'll come in and keep trying to fix the problem. >> aishah: i can't imagine how bad this gets if she doesn't get the help she is desperate for. lieutenant tracy mccray, thank you for joining us. we appreciate your insight. >> thank you. >> bill: 24 past. we have seen it yet again, death and devastation across the south and midwest. massive storm spinning off dozens of tornadoes. the drone camera from little rock, arkansas. how the hard hit state is responding today. florida governor ron desantis traveling over the weekend getting closer to the idea of a run for the white house? that's the question. listen to what he told

supporters over the weekend. >> i'm proud of what we've done in florida. we are going to do more. but i have only begun to fight because we are going to save liberty in this country. ♪ i like to move it, move it ♪ ♪ you like to... move it ♪ we're reinventing our network. ♪ ♪ ♪ fast. reliable. perfectly orchestrated. the united states postal service.

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again this week. so we'll be on the lookout for that. >> we will. we're watching the rise of artificial intelligence hitting a roadblock in italy, at least. the italian government temporarily banning chatgpt because of privacy concerns. we have the story from l.a. >> that's right. as a.i. concerns growing stronger italy became the first government to ban chatgpt accusing open a.i. of illegally collecting personal user data and not having an age verification system. they've given the company 20 days to adjust or face a $20 million borough fine. italy isn't the only country with concerns. a lot of tech leaders including musk are calling for a six-month development pause. china and russia are doubling down.

president putin sharing this. by combining our wealth of research capacity and industrial capabilities russia and china can become world leaders in information technology, cybersecurity and artificial intelligence. china has already been a lea time going back to 2017 they made becoming the global a.i. leader by 2030 a key goal and using it to strengthen its military. china is on track to generate 600 billion annually from a.i. and stanford only to the united states. china's commitment to this space is growing they could take advantage of hesitancy from other nations what is becoming a tech cold war. as nations and tech leaders react across the globe. which is more dangerous, allowing a.i. to developed unchecked or allowing china to get ahead of us? >> thanks, kelly. >> we have a responsibility to

preserve what the founder of our country called the sacred fire of liberty. >> bill: that's florida governor ron desantis traveling over the weekend in new york and also in pennsylvania testing the waters in that key swing state as he weighs a possible bid for the presidential nomination. in some minds he left no doubt he is running. one of those is the national reporter forare "the washington examiner", author of the great book shaping american politics. i want to read from our audience your headlines. desantis leaves no doubt he is running and wins over pennsylvania activists. what did you see and hear? >> so the conference that he spoke at is the pennsylvania leadership conference. it is held every year in camp hill, pennsylvania, right outside of harrisburg. and it is a great gathering from across the state of grassroot activists, establishment types, and the conservative populous

who came onto the party since 2016. and there were plenty of people there that had maga hats on and plenty of people that were activists for trump. desantis wowed that audience. he had people on their feet several times. he had a lot of grassroots activists, important people that were very instrumental in volunteering for trump and raising money for trump in pennsylvania, who have now moved over to desantis. >> bill: the key line that you wrote is leaves no doubt he is running. why are you so convinced of that from this weekend? >> well, that came from a quote from one of the attendees. she said look, there is no doubt that he is running. so did everyone else say that. he gave a very campaign-style speech that went through a litany of things that he accomplished. one of the things that really,

really interested people there was -- and one woman captured it in this story -- is that he says we all the time. no matter what he has accomplished. it is not about him. they like that aspirational aspect of his candidacy/not candidacy yet. it was very appealing to those in attendance. >> bill: here is the polling. a lot of this done before the indictment. so we'll see how that plays in. our polling has trump up 30 on desantis. marquette has trump up five. quinnipiac has trump up 14. a quote that sticks out for me. i'm not going to be like some of these republicans and sit around on the fence like potted plans. they don't want to offend the media or democrats. we are going on offense in the state of florida. it sound trumpian to me.

>> yeah. i think he has a lot of those qualities that trump voters, conservative populists, like. winning elections require a coalition, right? you have to build a coalition. you can't just have a certain part of the party. you can't just have the base. you have to be able to bring people together to get over the finish line. obviously in a primary but also in a general election. and so i think that he is conveying that he is capable of doing that. >> bill: last point here. asa hutchinson declared he will be in over the weekend on "fox news sunday." the former governor of arkansas. how big is the field, do you believe, as of today? >> well, we have nikki haley, we have vivek ramaswamy. president trump waiting in the

wings. we have possibly chris christie. asa hutchinson is now in. i think what we are going to see is what plays out not just tomorrow with the former president's legal -- the beginning of his legal problems in new york, but also i think in the next couple of weeks. of course he has a surge of popularity right now. a lot of that has to do with people see themselves in this situation. however, as the argument plays out, as desantis drops in and he takes on trump one-on-one, he is not doing that now because he is not running now. and i am not surprised about the polls. very similar to the polls in 2015 at this time where you had jeb bush and scott walker ahead and they were going at each other. trump wasn't in yet. so he wasn't at the top of the polls. he didn't come in until june, i

think. so i think we will see a lot of things moving around. i think we will see a better reflection of where conservatives go around labor day. >> bill: you did the reporting on the road with desantis over the weekend. thank you. >> aishah: "the new york times" is under fire, famous author is accusing the publication of leaving conservative titles off their best seller list. the evidence, he claims, proves his case. plus florida is moving from swing state to conservative power center. how it happened and what it means for the country next. ♪ ♪ down to florida, they are kicking back and soaking up the rays, every day in florida ♪

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>> bill: we hear mcdonalds temporarily closing u.s. offices this week as it informs people of layoffs. the move is part of a broader company restructuring. mcdonald sent employees an internal email last week. it told staff to work from home through today so it can deliver staffing decisions virtually by wednesday. hum. mcdonalds has not disclosed how many employees it plans to lay off. that's no bueno. >> aishah: a new controversy for "the new york times." james patterson ripping the so-called paper of record accusing it of playing fast and loose with its best sellers list at the expense of his novel about law enforcement in america.

david lee miller is on top of this story. all the details. >> author james patterson has sold more than 300 million books worldwide but it is a letter he has written to the "new york times" that is getting a lot of attention. in that letter he accuses the paper's best seller list and being bonkers. he released the letter online after he says the times refused to publish it. a book he co-authored called walk the blue line didn't make the cut when it first came out being though it outsold books on the list by a 4 to 1 margin. he blames the times and called book scan is more reliable. >> this isn't complicated. you have book scan counts 80% of the sales. all the change counts the sales. people who count the sales. it shouldn't be complicated.

apparently it is for the times. >> in response the times issued a statement that reads our best seller's list are based on detailed analysis of book sales from a wide range of retailers, tens of thousands of brick and mortar stores and numerous online book selling vendors to best represent what is selling across the united states. despite the controversy, patterson's book "countdown" ranks number five on "the new york times" best seller list for hard cover fiction. >> bill: who is counting, huh? >> aishah: i don't have one. >> bill: we're keeping an eye on president trump's movements today. he will leave mar-a-lago next hour bound for new york city. court appearance tuesday late morning into early afternoon. more coming up on that. the nascar truck series driver dean thompson involved in a serious crash from over the weekend. we will check in, oh, oh, we will check in on his condition.

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>> harris: all right. we're minutes away from former president donald trump on the move heading to new york for his arraignment. we'll bring you all of his movements live right here on "the faulkner focus." and remember the china spy flight the administration told us on this program it never got close to getting any significant military intelligence? that's what they told us. a new report says that absolutely happened, they got a lot of intel. plus the 2024 republican field is growing. nikki haley is the first of all of the presidential hopefuls to travel to our southern border. she will join us live from del rio, texas. "the faulkner focus" at the top of the hour. >> bill: watching the dow now. we're up to begin the week up

more than 200 points. higher than that a moment ago. this despite opec's decision over the weekend led my saudi arabia to cut oil production in a significant way. >> aishah: it's bad. 1.16 million barrels per day and we will see an immediate hit on our gas prices. >> bill: just in time for the driving season. we always look for that toward the end of may. we have a ways to go right now. whether it's a million a day, half a million a day. it is significant. watch that. >> aishah: checkmate for twitter's blue checks. the white house will reportedly not pay elon musk's $8 monthly fee. but official accounts like the white house and some top offices like the president and vice president still will get a verified gray check mark. twitter started taking the axe to users blue checks on saturday. one major publication unverified was "the new york times." they no longer have a blue check.

the gray ones are nice. the lawmakers have them. you know who is who and what their official account is. >> bill: i have the blue one. i pay for the "wall street journal" and "new york times." i will pay $9 for twitter. >> aishah: you will? >> bill: i use it as a news source. i use the service. musk has a position on this right now saying "the new york times" is being incredibly hypocritical. they force everyone to pay their subscription. it will go back and forth for a while. the question is how much money can musk and twitter raise with the threat of people being put into a different category, is that safe? >> aishah: can i add this? he says also their feed is the twitter equivalent of diarrhea. that's what he thinks.

>> bill: we'll leave it there. >> aishah: good. >> bill: anything else you have? >> aishah: plenty. >> bill: nascar truck driver dean thompson involved in a accident. here is what happened broadside. >> he is out for the eighth time. oh, dean -- oh, no, a big hit after he had already come to a stop on the racetrack. >> bill: we see so many of these guys get hit like that but walk away. thompson was put on a stretcher and into an ambulance. we are oh he happy to report he later posted on social media that he is doing fine. so he survived that collision there in texas. going to be okay. wow. good news, right? >> aishah: very. jury selection in the the woman accused of killing her two kids and husband's ex-wife.

day bell's ex-wife between september and october of 2019. the two children reported missing for months. we were following this step-by-step. the couple lied according to the police about the kids' whereabouts but their bodies were found in 2020. buried on daybell's property in rural idaho. chad daybell's trial has been postponed. >> bill: the state of michigan recently became the first state in nearly six decades to repeal its right to work law. major victory for labor unions. critics say it will send much-needed jobs to other states. jeff flock is live in michigan's capital city of lansing on the potential impact there. what did you find out? >> hey, bill. as they say elections have consequences. democrats control the building there behind me right now, the michigan capitol. they undid what republicans did

in 2012. to make michigan a right to work state. that said, if you take a look at the map, most of u.s. states are still right to work and by right to work we mean that means you don't have to join a union or pay union dues even if you are in a union shop. michigan's right to work goes away sometime at the beginning of next year. worth also pointing out union membership has been on the decline. now 10% of u.s. workers represented by a union. 1983 it was 20%. most of those in public sector unions, by the way. we talked to both sides as we are want to do at fox. democrats say it is a big win for workers and turning the tide against what was a tide that they say was against workers. listen. >> it's been positive. a lot of people view this repeal of right to work as the beginning of rebalancing the

scales and shifting the focus back to the middle class working families and prioritizing their needs first. >> but other impacts perhaps the republicans say it won't help folks relocate to the state in terms of companies and that's not going to create very many jobs, which has been happening over the course of the past ten years. listen. >> i think it's harmful to workers and business climate. it interferes with our ability to attract news businesses. i think we will find people that currently have exercised their right to work in the state of michigan since the right to work initiative was passed will find themselves looking for other jobs. >> that's right. they will have to start paying union dues even though they are not compelled to join a union but must pay for representation. they can opt out of any money toward political candidates that they do not support.

>> bill: got it. jeff flock good to have you there in lansing, michigan. >> aishah: florida is being dubbed the new gop hot spot after years as a battleground state. it is now a mecca of conservative policy gaining more than half a million new republican voters since 2018. democrats losing over 47,000 voters. the wall is journal saying the cause is spurred by demographic, ideological and economic changes that the covid-19 pandemic catalyzed. i wonder why florida stood out? i think about georgia right next door. also one of those states very open during the pandemic and yet very purple in the last cycle. >> bill: desantis has something to run on. see how it goes. before you go to taiwan. 50 years ago today the first call on a cell phone took place. martin cooper is known as the

father of the cell phone. he made the call in the middle of 6th avenue here in new york city. cooper got the idea for the phone from a comic book detective dick tracy who could talk to his watch which you can now do as well. >> aishah: sorry, top of the show. >> bill: aishah is flying to tay juan -- taiwan tonight. see you from taipei in a couple of days. >> harris: we begin with a fox news alert. former president donald trump getting set for the motorcade taking him from his mar-a-lago estate in florida to palm beach international airport. that is his plane on the tarmac. trump is expected to head to the airport shortly and take off minutes later. we'll follow the 45th president's steps every step of the way live. i'm harris faulkner and you