- psst! susan! with paycom, employees do their own payroll. - what's paycom? a magic payroll genie? - it's a payroll app. - payroll is way too complicated for the average person. - paycom guides them through it. missing or duplicate punches, pending expenses, unapproved pto, on and on. - why would employees wanna do all that? - this could be a stretch, but i think it's 'cause they wanna get paid correctly. i like getting paid correctly. >> john: top of the hour, fox news alert. waiting to hear from the pentagon after a new report claims that china may have gotten more intelligence from that spy flight than the administration ever let on. the report claims that the chinese spy craft even did figure 8 to pass over sensitive

military sites multiple times and then transmitted information back to beijing in realtime. >> gillian: the million question now is just what type of information did it collect? the pentagon tells fox news it was limited intelligence value, whatever that means. we expect to learn more when the briefing begins shortly. the government has been studying the wreckage since it was shot down two months ago. i'm gillian turner in for sandra smith. general milley gave an update over the weekend. >> my analysis of china, at least their military and perhaps others have come to some sort of conclusion that war with the united states is inevitable. i think that's a very dangerous thing. i don't think war is inevitable or imminent but we need to be

pragmatic going forward. >> gillian: his message, tone down the rhetoric. >> john: brace yourself, gas prices may be on the way up. it's a fox news alert. gas prices could be climbing just in time for summer travel. that's the warning coming out today after saudi arabia and other opec oil producers announced surprise production cuts. >> gillian: the national average right now is 3.50, experts say prices could near $4 a gallon a couple months from now. the president is on the road today promoting his green energy agenda, this time in minnesota, we find mark meredith, he's travelling with the president just north of minneapolis. what's the president saying about this this hour? >> the white house is saying it did receive a head's up opec would cut oil production next month through the end of the year.

it will make it harder for the white house to fight inflation. instead the president who touched down in minnesota a few minutes ago is expected to talk about what is working, inflation reduction act, touring a factory in minnesota, and one democrat is calling the bill a betrayal. his remarks, what he sees as a boom in manufacturing and innovation. and spotlighting cummins, investing a billion dollars to manufacture more low to 0 carbon engines. the white house is facing questions over whether the inflation reduction act signed into law may be contributing to the higher prices so many people are paying on everyday items. joe manchin says he was misled how the money would be spent and not enough is being done to cut down on the national debt. >> i'm very, very disappointed in how they have interpreted a piece of legislation that is not how it was written, it was not the intent and not the agreement

that president biden and i had. so i'm hoping that he intervenes. >> manchin is not alone about worrying inflation. 90% of registered voters are either extremely or very concerned when it comes to inflation and higher prices. minnesota republicans also seeing an opening here, they had a blistering statement out for the president ahead of his visit, calling his economic policies a disaster for the state. however, it was a state the president won two and a half years ago by 7 points so likely to find a friendly crowd when he takes the stage an hour or so from now. >> gillian: mark meredith from fridley, minnesota. >> john: joe manchin has been a vocal critic of president biden's energy policies and sounds like he's keeping the door open on a 2024 run. he will not decide what's next for him until the end of the year. josh kraushaar, senior reporter

at axios. listen to what he said yesterday. >> only in america do we start the next election the day after the last election. >> it's underway. >> i'm going to do my job. i've got a lot of work to do and every other senator and congress person does. >> john: it's not a no, but not a yes either. how would that complicate things for biden? >> what he decides to do for 2024 could dramatically reshape the political map. he could run for re-election in west virginia and that's one of the most important senate races on the political map if he does. he sounded like he might be thinking of running for president as an independent, perhaps, a lot of buzz in washington that the label looking to get on the ballot in some key states, independent group that fits the manchin profile and manchin has some ties to that group. joe manchin has not ruled out a presidential campaign and if he

did, that would be an interesting little wrinkle to the already exciting presidential match-up. >> wouldn't it though. >> gillian: any question, josh, you know the political map better than most people. is he like a unicorn candidate, meaning he could appeal to both sides of the aisle, or like no chance of winning a primary so this is all hope, no chance? >> he is an interesting politician just because there are not many democrats as moderate as joe manchin. i don't think there's a single democrat that could win an election in west virginia these days. but you also have this interesting dynamic in the presidential campaign where you have the possibility that donald trump could again be the republican nominee and there are a lot of republicans, some republicans might want to look for a different candidate looking forward. joe biden is likely to be almost guaranteed to be the democratic nominee and poll after poll show democrats want someone different, younger as well.

i don't think -- >> gillian: not necessarily someone more moderate, right? >> not necessarily, and that would make it difficult for anyone. but anyone with a name that people are familiar with and have a moderate profile, appeal to some democrats and some republicans, joe manchin fits the bill. >> john: in terms of wanting somebody else and the reasons for that, take a look at all the major issues, russia, foreign policy, opioid epidemic, biden is underwater on every one of those. if you were a democrat, why not say somebody else could flip the numbers around. but daniel observed about a possible third party candidacy for manchin, he said the rule of thumb, a good one running from teddy roosevelt to h. ross perot, independents cannot win, but cause someone else to lose. ask al gore. >> political signs show even

though there are more independents than there used to be, most affiliate with one party or another, so it makes it really hard for a third party candidate to grab on to all those independent voters. but he could cause a lot of problems for president biden. a lot of concern he was too liberal, too progressive, and low approval ratings both on the key issues and dissent in his own party. so there is an opportunity for a third party candidate, someone like a manchin, could create a lot of headaches for biden. i think much more likely to take votes away from president biden than donald trump, any other republican. >> john: you are right on that, no question. >> gillian: on the republican side, former president trump is in the air on the way from mar-a-lago to new york city, to manhattan, will land in the next hour or so. we have seen this rally around trump effect in the wake of this

indictment. he's been doing all kinds of fundraising, his campaign has, i can't think of a republican who has not -- in congress who has not come forward and expressed support for him. reality is, only a handful of, you know, sitting lawmakers, senators and congress people, have actually endorsed him for 2024. >> yeah, gillian, unprecedented territory, an indicted president looking to run for office and we don't know what the legal situation will be. >> gillian: we don't know the charges yet. >> so unprecedented, we are still waiting to see the indictment. but look, this is politically unchartered territory. i think the worry for a lot of other republicans, though, the trump show, make the o.j. simpson trial look second nature and it's going to suck up a lot

of oxygen for ron desantis, nikki haley or any other republican in the field. >> john: you mentioned almost every republican out there declared or thinking about it has decried with president trump and alvin bragg, but asa hutchinson said too much distraction. donald trump leads with 54%, desantis 24%, and hutchinson way down there at 1%. i mean -- they would -- he would have to have a pretty big slingshot if he hopes to be david to donald trump's goliath. >> and chris christie said he would never vote for trump again, but a small sliver of the republican electorate. it's hard to use that to win a republican primary. >> gillian: josh, we have to leave it there.

appreciate it, as always. >> john: good to see you. thank you for kicking off hour two. >> gillian: former president trump is set to arrive in new york city next hour, appear before a judge tomorrow in the grand jury charges. nate foy joins us, outside trump tower in midtown manhattan. talk about the scene you are seeing there. >> gillian, right now about two dozen supporters of former president trump, everything is peaceful but everyone here is very serious in their support of the former president. they do not believe he's guilty of any crime. this group has been out since 11:00 a.m., but the amount of people is increasing over the last couple hours. you mentioned we are waiting on former president trump's arrival. trump tower, where he'll be staying is just a block down over my left shoulder, not only the headquarters of the trump organization, also where the family stays when they are in town. they have the top three floors and a penthouse residence. a strong nypd and secret service

presence here on 5th avenue. the secret service will be focused on protecting the former president and the nypd will take the lead on demonstrations that need attending to. at about noon today, a couple hours ago, mayor adams and the police commissioner held a press conference and the mayor mentioned one protest led by marjorie taylor greene tomorrow. take a listen here. >> although we have no specific threats, people like marjorie taylor greene who is known to spread misinformation and hate speech, she stated she's coming to town. while you are in town, be on your best behavior. as always, we would not allow violence or vandalism of any kind. >> so as the former president makes his way here, he has publicly doubted whether he'll get a fair trial in new york.

his lawyer hinted on "hannity" that they'll consider trying to move the trial out of manhattan but also said if it does in fact go to trial and the case is not thrown out, he's confident the jurors here in new york will do the right thing. >> i will be sure to remind, this is not a political election, it's the rule of law and today it's donald trump, tomorrow it could be a democrat, the day after your brother or your sister. >> i mentioned trump tower is the headquarters of the trump organization and speaking of a fair trial, the judge that presided over the trump organization tax fraud trial which resulted in $1.6 million fine and the cfo serving a five-month prison sentence is the same judge who will be presiding over tomorrow's arraignment. president trump has questioned how fair he will be. his lawyers are not as concerned about his fairness. gillian. >> gillian: nate foy in

manhattan, thanks very much. >> john: james patterson, one of the world's best-selling author is coming for the "new york times," accusing the newspaper of cooking up the best seller list. he claims his new book outsold several but never made the cut. the book is about police and the dangers they face every day. are politics at play here? >> gillian: plus this, busy weekend along the southern border. 1,000 rushing the border near el paso. >> do you view what's happening on the border as a crisis? >> i view it as a significant challenge. >> gillian: national border patrol council president brandon judd reacts, coming up next. ♪ voltaren. the joy of movement.

♪ with the freestyle libre 2 system, know your glucose level and where it's headed. no fingersticks needed. manage your diabetes with more confidence. freestyle libre 2. try it for free at freestylelibre.us veteran homeowners. if you need cash, the last thing you want to do is spend cash just to see if you qualify for a home loan. yet, some lenders charge you hundreds of dollars in upfront fees just to apply. they keep your money even if they turn you down. call newday. unlike other lenders, at newday there's no upfront appraisal fee, no upfront termite inspection fee and no upfront water test fee. not $1 out of pocket. give us a call.

- representative! - sorry, i didn't get that. - oh buddy! you need a hug. you also need consumer cellular. get the exact same coverage as the nation's leading carriers and 100% us based customer support. starting at $20.

consumer cellular.

as a business owner, your bottom line is always top of mind. so start saving by switching to the mobile service designed for small business: comcast business mobile. flexible data plans mean you can get unlimited data or pay by the gig. all on the most reliable 5g network, with no line activation fees or term contracts... saving you up to 75% a year. and it's only available to comcast business internet customers. so boost your bottom line by switching today. comcast business. powering possibilities™. [ ominous music playing ] here we go!

level up your speed. mario! yea! [ screaming ] introducing the xfinity 10g network. super fast internet today. with even faster speeds tomorrow. woo-hoo!

>> john: world famous author james patterson is questioning the authenticity of the "new york times" best sellers list after his new book "walk the blue line" never made the cut. as you can see, it's about police, and he says it should be there based on sales. david lee miller is live in new york with more. so, what is patterson claiming here, david lee? >> john, patterson is saying this is really about methodology. how does the times do the calculation. he is upset the times does not do it based on survey results with the number of books sold but uses a statistical formula, some have more significance to accurately reflect all outlets nationwide. patterson says it's about police, outsold some books on the best seller list by as much

as 4 to 1. he says the best seller list lack journalistic rigor and are "bonkers." other authors have a similar fate. >> dozens of writers contacted me over the weekend and said thanks. >> the times reads in part, our best seller lists are based on detail analysis of wide range of book sellers, brick and mortar stores to best represent what is selling across the united states. and despite this controversy, john, patterson has had more books on the times best seller list than any other author. back to you. >> john: i think he's had more books as well. i remember going back to the early alex cross series and loving his books. he's a prolific writer. even written with dolly parton.

>> many partners, including former president bill clinton. >> john: exactly, works a lot of people. see what the "new york times" has to say about all this. david lee miller, thank you. gillian. >> gillian: now to the southern border, fox news has obtained harrowing security footage, abandoned migrant child sen there drifting down the rio grande on a flotation device. that child was later rescued by texas national guardsmen, as mayorkas refuses to call the situation at the southern border a crisis. >> john: and he says he will not step down, despite growing criticism. brandon judd. >> gillian: hi, brandon, thanks for being with us. your reaction first off to the video we just showed of this child floating unaccompanied, seemingly abandoned down the rio grande. >> it's monstrous, and it's going to continue to happen.

the administration's policies allow it to happen. they are allowing the cartels to enter our country illegally, to dictate what takes place on the border and any time you allow criminal officials to have control of sections on our border we are going to see images like that. but it gets even worse. we are going to have more deaths in that river. we are already dealing with too many as it is, and it could end tomorrow if this administration had the political will to do something but they don't. >> john: on "60 minutes" last night, there was an interview of mayorkas, and asked about the c word. >> do you view what's happening on the border as a crisis? >> i view it as a significant challenge. >> why won't you say the word crisis? >> you know what? because i have tremendous faith in the people of the department of homeland security and a crisis speaks to me of a withdrawal from our mission and we are only putting more force

and more energy into it. >> john: that's his definition of crisis. what is merriam webster, a change is impending or a situation that has reached a critical phase. he reminds me of the old supertramp album. crisis, what crisis. >> yeah, he might have confidence in us and he should have confidence in us. we are going to go out and do the job to the best of our ability. we don't have confidence in him because the policies, operations and programs must come from him and they are not, and that's why this is going to continue. if he's not willing to define the problem, if he's not willing to say a crisis, then he's not going to be willing to come up with the solutions to get this under control. it's all politics. it's deflection. he's not going to do what's right, therefore nothing is going to happen. we are going to continue to do our job, the best that we can, i just wish he would do the same. >> gillian: brandon, new reporting and evidence emerging

over the weekend of smugglers enticing and luring about 1,000 migrants to cross the u.s. southern border illegally against their own will. they tricked them into doing this, apparently. they had no idea where they were going to end up. is this an anomaly, have you seen this kind of thing before? i personally found it shocking. >> it's one of the things we happened to report upon so it's coming to light. this happens all the time. the cartels know what they need to do. they know all they have to do is flood our resources to create gaps in our coverage. that's why we have so much fentanyl here in the united states right now. you are going to hear the administration deflect. they are going to say it's coming at the ports of entry, not between the ports of entry. the truth is, if we don't detect it we are never going to know. we do not have the resources or the policies to do our job and if we don't have that, the cartels will continue to do

everything. that's the issue we face today, that's the reality. we want him to wake up, biden to wake up, mayorkas to wake up, we want them to do what's right for the american people. >> john: if i could, let me come back to the mayorkas statement, a crisis speaks to me of a withdrawal from our mission. can you as the chief of the border patrol agents union say we can call this a crisis, but we are still fully engaged with the mission. we are not withdrawing from it one iota. >> we are not withdrawing, but the policies have withdrawn. and that's the problem. we have to work within the policies. we have to work within the programs. he's the one that gets to dictate the programs and the policies. if he's going to force us to release people into the united states saying the laws allow him then we have to do that. so we have actually withdrawn, not on our own, not of our own volition, we have withdrawn because he's forced us to withdraw. we want to do what's right, we want to patrol the border, we

want to protect the american people. he's not letting us. >> gillian: something else the homeland secretary said, i will not play the clip, we are tight on time, it does not constitute a crisis in the united states because the situation is replicated internationally across the globe. does that ring true or make any sense to you? >> an absolutely. 57,000 got-aways in the month of march. 130,000 apprehension increase from the month of february. those are crisis levels. it's not happening around the world. only happening here in the united states. >> gillian: interesting. >> john: brandon judd, chief of the border patrol council, thanks for being with us. >> thank you, john, gillian. >> john: the pentagon responding to a new report that the chinese spy balloon gathered and transmitted a lot more intelligence than we were led to believe at the time. that response coming up.

>> gillian: secretary of state antony blinken is pressing his russian counterpart for the immediate release of evan gershkovich. how do we go about negotiating with russia government to government, when vladimir putin keeps on taking americans hostage. kurt volker is here to weigh in on that next.

[ applause ] the day you get your clearchoice dental implants changes your struggle with missing teeth forever. it changes how you eat, how you feel, and how you enjoy life. it changes your smile and how others smile at you. clearchoice network doctors have changed over 100,000 lives with dental implants, and they can change yours, too. because a clearchoice day changes every day. schedule a free consultation. every day, more dog people are deciding it's time for a fresh approach to pet food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food.

this is going to be great. taking the shawl off. ok i did it. is he looking at my hairline? is plaque psoriasis making you rethink your everyday choices? otezla is a pill, not a cream or injection that can help people with plaque psoriasis achieve clearer skin. and no routine blood tests required. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. doctors have been prescribing otezla for over 8 years. don't hesitate. ask your doctor about otezla today. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for

cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. >> john: fox news alert, moments ago the pentagon says it cannot confirm that the spy craft transmitted realtime intelligence back to china saying the analysis is ongoing. but another big story today, russia's arrest of a wall street journal reporter. u.s. secretary of state antony blinken holding a rare call with his russian counterpart demanding the immediate release of evan gershkovich. john kirby gave an update a short time ago. >> we are keenly and strongly and closely tracking this issue

and working as diligently as we can to secure his release. i think you know that secretary blinken had a conversation with foreign minister lavrov over the weekend about evan. we made it -- secretary made it clear that we condemn his detention and want him back as soon as possible. >> john: bring in kurt volker, former u.s. ambassador to nato. how difficult do you think it's going to be to get evan out? >> extremely difficult. the russians seized him on purpose, they wanted to create this dynamic with the biden administration where the u.s. is now seeking something from russia. they accused him of espionage, carries a very stiff penalty in russia, so clearly wanting to play it as long as they can and demand a high price. >> john: the wall street journal suggested a lack of backbone of president biden telling putin he can do what he wants when it comes to american citizens in

russia. brazen arrest shows the declining ability of the u.s. to deter assaults on its citizens. fair to ask why mr. putin believes he can snatch americans and come out ahead. thuggish leaders keep doing thuggish things if they think they will pay no price. is the administration tough enough? >> i agree with the wall street journal. we need to respond to russia and russian interests. remember britteny griner, ended up giving up the notorious arms dealer to get her out and the russians seize somebody else. but a broader pattern as well. they shot down, or knocked down the drone over the black sea, so we stopped flying as close as we were. these are signs putin reads and he reads them as a u.s. that is not willing to stand its ground.

>> john: and the same thing with china, call for number 4, reports from nbc, contrary to what the pentagon and the white house are leading us to believe the chinese spy balloon was transmitting back realtime signals intelligence to beijing. the pentagon asked about this a short time ago. >> you can confirm there was realtime transmission over military bases, right? >> i cannot confirm there was realtime transmission back from the balloon back to the prc at this time. i cannot confirm that. >> analysis is ongoing on that. >> correct. >> john: the pentagon says we don't know, apparently some people do. mr. ambassador, are you there? >> yes, i am, i didn't realize it was a pitch to me. i think we should not be surprised. we should not be surprised that the chinese were transmitting in

realtime. this is why they put spy balloons up there to begin with. they want to see our reaction, they want to see what data we are transmitting, they want to learn about the systems that we have. of course they are doing that, and that is why we should have taken it down as soon as it came above our territory, not waiting for it to cross the entire united states. >> john: we are learning so much more in retrospect, over some sensitive sites, because they had the ability, the chinese, it was doing figure 8s to linger over the sites and then beam it back. the entire time the administration is saying nothing to see here, nothing to worry about here. >> yeah, and none of this should be surprising. we knew this balloon was coming, we were tracking it, we were not doing anything about it. and now i think there does have to be a damage assessment. what did the balloon pick up, what did it transmit back.

we may never have the full picture now. >> john: i want to ask you about a warning the chairman of the joint chiefs of staff mark milley said, i think there's a lot of rhetoric in china and elsewhere to include the united states that could create the perception that war is around the corner or on the brink of the war with china and the rhetoric could overheat the environment. he's telling folks cool it, you may make the inevitable come true, or maybe not inevitable, but it could come true. we have to take seriously the threat from china. >> we do. teddy roosevelt had it right, speak softly and carry a loud stick. we are speaking loudly and not willing to wield the big stick. we need to talk tough and say we

mean business and do more. >> john: walk softly and carry a big stick. >> gillian: it strikes me that talk less, do more is good advice, for pretty much anybody in any situation, especially when it comes to war. >> john: you know about this, you were in the national security business. we just don't know what you know. >> gillian: i would have to kill you, nobody wants that. >> john: a few people might. >> gillian: fox weather alert, clean-up efforts in arkansas after a massive tornado killed at least four so far in the state. dozens more across the south and midwest as well. residents described the horrors of that storm to fox news. >> ripped the roof off the house and we were laying there, boards flying, glass flying, everything. >> all of a sudden air started

rushing in, i closed it, told my dog, let's go, hoot, about that time the room exploded. >> i definitely cried, cried about ten minutes. yeah, my car was lifted, it's on the curb. >> gillian: president biden is offering up the full resource of the federal government to help recovery efforts there and local officials are racing to restore power lines. >> john: all right. trump force one about to land in new york city ahead of the former president's arraignment tomorrow. charges may not be his biggest legal worry. analysts all point to a different ongoing investigation and say that probe should concern the former president much more. >> gillian: legal scholar mike davis joins us with his take, coming up next. mes in american y - two - when the national debt was larger than gross domestic product? world war ii - and right now. that's a deep hole.

and i don't know how we'll climb out of it. that's why i buy gold from rosland capital. rosland capital is a trusted leader in helping people acquire precious metals. gold bullion, lady liberty gold and silver proofs, and premium coins, can help you preserve your wealth. call rosland capital to receive your free rosland guide to gold, gold & precious metals ira, and silver brochure. with rosland, there are no gimmicks, no hassles... and they have fast, reliable shipping. ask yourself. are you safe? make gold your new standard. call rosland capital today at 800-630-8900, 800-630-8900. that's 800-630-8900. my a1c stayed here, it needed to be here. ray's a1c is down with rybelsus®. i'm down with rybelsus®. my a1c is down with rybelsus®. in a clinical study, once-daily rybelsus®

significantly lowered a1c better than a leading branded pill. in the same study, people taking rybelsus® lost more weight. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. need to get your a1c down? you may pay as little as $10 per prescription.

our customers don't do what they do for likes or followers.

their path isn't for the casually curious. and that's what makes it matter the most when they find it. the exact thing that can change the world. some say it's what they were born to do... it's what they live to do... trinet serves small and medium sized businesses... so they can do more of what matters. benefits. payroll. compliance. trinet. people matter.

>> i would say that in the last ten years criminals have become increasingly more violent and brazen and it's -- this is across the board, not one isolated place but across the country. >> gillian: a california sheriff talking about rising crime in u.s. districts. he says far left district

attorneys have emboldened criminal, and breaking in the last few minutes, l.a. county supervisors have pulled the latest controversial proposal that would decarcerate the area's jails. william has the latest from the l.a. newsroom. william, what happened to the plan? >> you are about to hear why, and it's not just the liberal d.a.s, some politicians as well. the last few minutes, word the l.a. board of supervisors are pulling an item from tomorrow's agenda because of backlash this morning from the public and police. so tomorrow they were going to vote on the plan to depopulate and decarcerate the county jail. barring the sheriff and local police putting behind any convict or offender with bail below 50 grand. police had to cite and release suspects on the spot like a traffic ticket. some of those offenses include

vehicular manslaughter, sexual battery, assault with a deadly weapon, sex with a minor, child and car stealing, possession of child pornography and prosecutors say worse than any of the soft on crime proposals from d.a. george gascon. >> the people we put in county jail are some of the most violent offenders in country and now you are going to release them because you don't want to build another jail? it's not good policy. >> it was the brain child of two supervisors who say the jail should be closed for humanitarian reasons, so this morning, you guys, 45 local police chiefs who again on the county to hold those inmates say you can't do this. this would have tragic consequences in terms of the people failing to appear, they tried to get it under the radar over the weekend from friday to monday, a lot of cops were out

of town for the bakersfield to vegas race and tried to get in, and people called and lit up the lines and pulled the item. but it's probably likely to come back. gillian. >> gillian: william, thanks so much. john. >> john: gillian, some real world fallout for stanford law school students after a group of them protested and shut down conservative judge kyle duncan who was invited to speak on campus by the local chapter of the federalist society. two federal judges say they will not hire clerks who attended stanford. judge james ho and elizabeth branch have already boycotted yale law school hires over what they call a rash of free speech scandals there. now added stanford to that list. judge ho says what happened at stanford last month is an act of intellectual terrorism. >> gillian: yikes. >> john: this is -- i was about to use words i couldn't use on

television, but they stirred up a hornet's nest. >> gillian: oh, yeah, getting ugly. and what's unfortunate, you might not think like i necessarily care about what judges are taking clerks from which top tier law schools but the sad fact is this kind of hurts everybody, right. because you have these students acting out against, you know, premier speakers, including judges, and it politicizes the justice system at the end of the day, it's sad. >> john: how do you presume to understand the law if you don't take into account all perspectives? >> gillian: how did you pass the lsat is what i want to know. you can't even get through that without considering different perspectives. opening up your mind to consider different ways of answering questions. anyway, now here we are. >> john: a lot of tunnel vision these days. >> gillian: we are awaiting former president trump's arrival

in new york, a new lawyer to his team. mike davis is joining us now, former justice clerk, law clerk to justice gorsuch. thanks so much for being with us. what do you make of this news that the former president has now just hired somebody to head up a new person to head up his legal team, apparently, todd blanch, a well respected white collar criminal, i don't know if you have any other info you could share with us about him. >> he's a great pick for president trump. he works for one of the oldest and top firms in america, former prosecutor, and represented paul manafort and did an excellent job there. he is a great pick by president trump. >> gillian: you mentioned -- so it sounds like he's maybe the right guy for the job.

do you know any indication why the president decides to add to the leadership now? it seems kind of late. >> well, i mean, i think before you were trying to fend off an indictment. this manhattan d.a., soros' backed d.a. decided to move forward with a political prosecution against president trump. remember, the prior manhattan d.a. declined these charges, the manhattan u.s. attorney's office declined the charges, the federal election commission declined the charges, even alvin bragg when he worked for the new york attorney general's office pushed the prior d.a. to decline the charges and then he declined the charges. and bragg took political heat and they then in december tired a top biden justice department official to come in, he is a left wing political appointee for the obama administration,

obama justice department under eric holder, obama white house. >> gillian: to be clear, i asked you why president trump would feel the need to add a senior member to his legal team now. he's about to be arraigned tomorrow. does this indicate something new is transpiring has yet to become public s this a routine move, what do you make of the move itself? >> i think it's routine. it's because alvin bragg has politicized this prosecution against president trump based upon bogus-trumped up charges previously declined. bragg is bringing in political appointees from the biden justice department at the most senior level. this was the acting number three and then the number 2 to the number 3 before he was recruited by bragg to revive the zombie case. everyone thought it was dead, and they revived it, so it's smart for president trump to

gear up for the indictment and the trial. i think it means -- >> gillian: if this is just cooked up charges, political hit job, a witch hunt, whatever you want to call it, how did they get members of the grand jury to sign on to indictment? >> you can indict a ham sandwich in america. they are looking at a nonfelony in new york and they cobbled together federal and state laws to come up with a felony. >> gillian: we have to take the time. appreciate it. >> john: bud light facing backlash for a new promotion, partnering with a transgender social media influencer.

(woman) what would the ideal weight loss program look like? no hunger, no cravings, no isolation, more energy, lasting results, and easy. is that possible? it is with golo. these people changed their lives with golo

without starvation dieting. whether you have 100 pounds to lose or want to shed those final 20, try golo for 60 days and never diet again. (uplifting music) ♪ experience the capability of the complete line of suvs at the invitation to lexus sales event.

>> john: a fox news alert now. an update in the ongoing investigation at the shooting at the nashville covenant school a week and.

nashville police say audrey hale looked into the actions of other mass murders to carry out the attack. they say she fired 126 nine millimeter rounds. the motive is still under investigation. it was a matter of some discussion on the internet whether or not she had an ar-15-style rifles. in one of the pictures she's holding a carbine that shoots pistol rounds. 152 556 nato rounds were fired from the ar-style 15 rifle. >> sounds like she was shooting everything and anything she could from before she entered the building. >> she shot her way in. that's where she killed the custodian and the principal. what a tragedy. >> terrible story.

all the way around. looks like she had been planning for months as well. >> we'll continue along with the police to look into that. a big news day tomorrow with the arraignment of former president trump. it will happen during this program. >> we hope you join us. we'll be covering that live. >> a lot of people will be watching. >> john: thanks for joining us. i'm john roberts. >> i'm gillian turner. "the story" with martha maccallum starts right now. >> martha: here we go, folks. good afternoon. i'm martha maccallum. breaking right now on "the story," former president trump expected to land in new york any moment now. there's the live shot in new york city as they wait for his arrival. he has now tapped a new lead counsel just a day before the arraignment in this case to add additional firepower to fight these charges. he will be arraigned tomorrow in manhattan court downtown. he's the first u.s. president to