my host, amazing guy, jeff ruby took great care of us. his daughter in the middle. great folks. jockeys before the actual race itself. we were inside, okay? there is castellano wearing the jeff ruby knickers wins the race riding mage and there were the boys hanging out. i want to thank jeff and churchill downs and the great people of louisville, kentucky for a great weekend. >> dana: harris faulkner is up next. >> harris: how far can the president of the united states fall? and will he take his entire democrat party down with him? president biden's approval rating is sinking like a stone and it is raising all kinds of red flags for democrats across the board. i'm hair use faulkner and you are in "the faulkner focus." the president is no stranger to terrible polling. at least not as of late. this is a new row even for him.

his approval, the worst for a first-term president in the survey's history going all the way back to harry s. truman chlt only 36% ever voters say the president is doing a good job down by six points just since february. and with just a year and a half until the next presidential election, more than half of democrats say they want what you know i call anybody but biden. polling now shows the president getting trounced by both former president donald trump and florida governor ron desantis in a head-to-head match-up. donna brazil was the chair of the national committee when trump won the white house. she said her party should be worried. >> it kept me up and i thought they should wake up and look at those numbers. it is sober in the sense that the coalition that elected joe biden with the historic numbers that we saw in 2020, that coalition right now is

fragmented. that should concern them. >> harris: a new op-ed is asking the tough question, do democrats need a nixon-like intervention with biden? it reminds us of how republican leaders convinced nixon to step aside for the good of the party and the country. lee carter, pollster is with me here. that "politico" article is something to read about how they gathered up to convince nixon. it was an intervention. the hill, not "politico." is that what you see that people are saying needs to happen with the president? >> there are some people saying that. some of the recent polls and how far it has dropped is new. it is new since he has made the announcement. i think that should be very concerning. there are a few things that i think we need to look at here. number one, his polling is at 36%. this is lower than donald

trump's polling. everybody said that's as low as it could. he is really in a bad position. but here is a couple of things. the number one issue on voters' minds is the economy. no democrat will be able to address that. it is off the table. when you look at polling it says 15% think democrats have the answer. the rest say it is either republicans or somebody else that will come up with the answer to fix the economy. no democrat can step into those shoes. the biggest issue, though. nine out of ten democrats say abortion will be a major factor in their vote. 74% of independents say it will be a major factor in their vote. democrats will bet the farm on social issues because they cannot win on economic issues. >> harris: is that what people want to hear, though, at a time when we just saw a biden idea to make you pay extra if you actually pay your bills on time and have good credit, you try to buy a house, now there is a penalty for having good credit? when those are the types of

policies coming out. >> absolutely not. i think the democrats are losing on every measure when it comes to the economy. whenever you see joe biden try to convince americans the economy has never been stronger and talking about how strong jobs are and nothing is better people reject that. their feeling is every month i pay more, i feel less good about the economy than i ever have before and they are rejecting all his messages. the republicans have to be very careful now, though. the issue they need to trach on now is the economy. stop with the woke wars. in many ways i know those are important to the base. when you look at what happened to ron desantis and his poll numbers since he started leaping forward focusing more on that than the economy in the flat blueprint. that is telling what the problem will be for the republicans. >> harris: 69% of americans think biden is too old to run for president and doesn't have the mental sharpness to do it again. they call him joe. age has been something that has

been true about him for a while. he didn't just turn 80. >> that's right. i think the biggest thing about joe biden is that when he was running in 2020, we didn't see him that much. we were running off our memory of him. he ran on decency. >> harris: excuse me a second. when you poll people and he said watch me. we do watch him and the polling shows that it gets worse for him. >> that's why 70% of americans say they want somebody else besides joe biden to run. the other thing that's a big problem for joe biden is 45 percent of people who voted for him last time are less enthusiastic about voting for him this time. republicans say they are 43% more enthusiastic this time than last time and have a big impact on turnout. >> harris: you mention the word abortion. i won't spend a lot of time on this. if the democrats don't know how to make that work, that says more about their party than anybody else. what do republicans do with that subject?

>> one of the most important things republicans need to do is bring women into the conversation because -- >> harris: the other side isn't doing that at all. >> here is the thing. for democrats abortion equals woman's right. it is not about the baby, it's about the woman. when republicans make it all about the baby and not supporting the woman who makes the decision. i think republicans have a good opportunity to change the conversation and say we support women, too and we want to give women choice but want to make it a choice they rarely have to make. this is something they could really do right now. the necessary acknowledging doesn't include women and that is a loss for republicans now. >> harris: that's brilliant. you see some republican-led states you see the governors looking to see how they stand. a 12-week moratorium on abortion. what do you find out talking with people among those decisions in republican states. >> when you look at six-week

rules that's very unpopular across the board even among republican women. the issue needs to become where do you draw the line? i'm not here to tell anybody what the policy should be. if this is a really personal and emotionally charged issue but i do know for sure there are places that we can agree. we could say when a baby has feelings, for example is when you see a big change. what you deal with on the democrat is 55% say they approve of abortion all the way to the last day of pregnancy, 55% of democrats. >> harris: that's a non-starter. even among democrats. they didn't do what they needed to do when they had -- democrats don't agree within their own party. >> it seems like first trimester would be something most people can agree on. >> dana: i want to get this in. new details emerging.

let me go to this. i mention the border. an aide to the president tried to wrap up his interview about his decision to send troops to the southern border. a headline. let her do it. biden waves off an aide trying to end the msnbc interview. takes four more questions. the other big hit against this president -- i'm curious if it shows up in polling -- he can't rock-n-roll at the lectern anymore. >> a lot of concern he is not addressing the media. people want to hear more from him and less from his press secretary. his press secretary isn't doing him any favors. they do want to hear more from the president. that is actually going to help people either make a decision for or against him. a lot of people are concerned about him saying if i can't hear from him directly i will have an issue there. >> harris: you know, it's a conflict, though. because when they do hear from him he ends up arguing with the

reporters and setting off a situation that the white house then has to clean up. last quick thought. >> he ran on unity and decency. every time he does that i re he contradicts himself. that's when you lose trust. he has lost a lot of trust of the american people. he was over 60% trusted when he took office. now that's a drop of more than 20% across the board. >> harris: a lot to come back for. a year and a half doesn't seem that long. lee carter, great to see you. thank you. >> thank you so much for having me. >> harris: the deadly texas mall shooting is what we're covering now and it sent shoppers running for their lives over the weekend. a heroic police officer on the scene for an unrelated call likely saved a lot of lives. that's what we're learning today. when he heard the gunshots,

police say he bravely ran toward the suspect who was armed quite heavily and called for backup just before shooting. and he shot that gunman dead. still eight people lost their lives in the rampage. seven others were injured. police identified the suspect as 33-year-old mauricio garcia of dallas, texas. we don't know why he did that but reports he made white supremacists and neo-nazi post online. governor says there are no quick fixes for gun violence. >> president biden is sending 1500 soldiers to do paperwork. that won't secure the border. we need not 1500 soldiers, we need 15,000 or 150,000 to secure the border. because of the open border policies of the biden administration. this is a day late and tens of

thousands of soldiers too few. >> harris: we apologize for that. my team put in the wrong side bite there. i want to go directly to senior correspondent casey stiegel at the mall. most of us have seen the video people running and running and all of that law enforcement folding in as they heroicly do. >> it was really pandemonium when it happened saturday afternoon as we learn more information slowly starting to trickle out about some of the victims who were killed. among the dead a 27-year-old project engineer from india and also a 20-year-old man who family members say worked as a security guard here at the premium outlets of allen, 25 miles north of dallas. in all, eight were killed. at least a half dozen injured. three remain in critical

condition. 33-year-old garcia was dressed in all black and wearing tactical gear before he was shot and killed by an officer and they are looking into if he had ties with supremacist group. another community has been rocked by another mass shooting but police say he. was alone. >> i heard loud shots and everybody took off running. >> pop, pop, pop and saw sparks flying in front of us. >> take a look at this. a growing makeshift memorial at one of the out let entrances where people are paying their respects. while last night hundreds attended a vigil held at a local baptist church in allen. a family assistance center has been opened locally for anyone impacted by this needing resources. the f.b.i. and local police have also been assisting customers

and residents whose cars were left stranded in the parking lot because when the shooting happened, they all evacuated and had to flee. it was a crime scene and they had to leave their cars here. they are in the process of picking them up now. >> harris: president biden coming to the defense of his vice president. he says she is doing a very good job. voters seem to disagree. everybody disagrees. plus we could see big moves this week in the federal investigation into hunter biden. >> if the department of justice and f.b.i. will not do their job we'll do their job for them. the left says that no one is above the law. put your money where your mouth is and let's see where this investigation goes >> harris: the white house is bracing for fallout as the top republican says they are set to drop bombshell new evidence on the family's business dealings.

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>> harris: the white house is reportedly bracing for the political fallout in the hunter biden case. "politico" is reporting, a quote. people close to the personal worried about the personal toll it will take and how long he -- and the political calculation he is better off not responding to it. the u.s. attorney leading the investigation is reportedly very close to deciding if he will bring charges in the tax fraud and gun application cases

against hunter biden. house oversight chair james comer is urging the feds to hold off until they see what he has on hunter. >> my message to the department of justice is very loud and clear. do not indict hunter biden before wednesday when you have the opportunity to see the evidence that the house oversight committee will produce. this is not just about the president's son. this is about the entire biden family. >> harris: fox news has learned two of the very key names that signed that now infamous letter blaming russian information for what was on the hunter biden laptop and they will appear before congress in the coming days. the house government weaponization subcommittee will interview former c.i.a. director john brennan and former director of national intelligence james clapper. phil holloway, criminal defense attorney and former prosecutor is in "focus" now.

great to see you. those two names. what does it tell you about this case? >> it tells me, harris, the congress is taking a very close look at this. i don't know, however, that the department of justice will base any charging decisions off what they may hear this week. listen, this is a long investigation. this gun application thing goes back to 2018. there is a general five-year statute of limitations on federal charges. so this recent meeting between biden's lawyers, hunter biden's lawyers and the department of justice, that tells me that there is probably some type of negotiated plea deal in the works. this is what it looks like when the parties come together, they will bypass and forego a grand jury indictment and agree on charges and agree on the language in the charging document called an information as opposed to an indictment. also probably a recommendation. given the fact it has been so

many years, i think it is incumbent upon the department of justice to either do something now, file whatever charges they think they can bring, or they need to just announce they are not going to do anything because five years is plenty of time to put together a charge along these lines. >> harris: so when chairman comer says wait until wednesday, that's just a couple of days from now. you don't think that what he could bring forth would have any effect on what the d.o.j. is already looking at with regard to hunter biden? >> don't get me wrong. if they come out with additional evidence of additional criminal activity. that's something the department of justice can act upon there is nothing to say they can't add charges or open up a new file, an investigative file on hunter biden. i am talking about what they are already investigating. this is going back to 2018. obvious they have enough to convict him even on the application for the gun. he said that he was not actively using controlled substances but

in his memoirs he writes he was using, i think, every 15 minutes crack cocaine back in that year. that's an easy case for them to bring. they need to go ahead and do it because it's been five years and that's long enough. >> dana: what will the -- the d.o.j., merrick garland is your guy and the president. the president said this once again. >> president biden: first of all my son has done nothing wrong. i trust him. i have faith in him. and enhanced my presidency by making me feel proud of him. >> harris: the "wall street journal" editorial board. biden says he doesn't interfere with the department of justice but telling prosecutors they are wrong to bring an indictment because hunter is innocent. some might think it is only natural to defend the son he loves.

but he is in charge of the executive branch. they work for the president. >> there is clearly a conflict of interest here. garden variety case the president is not supposed to be hands on telling the dept of justice what to do or not to do when his own son is the subject of the investigation. by implication he has told the department of justice i believe to either keep your hands off hunter or go lightly. he has been on state dinners and international trips with the president front and center. the people at the department of justice and down to the f.b.i. who are investigating this watch the news. they see these things and hear this. what they hear is a message from the commander-in-chief to take it easy on hunter biden. i think that's inappropriate. i don't think the president should be commenting like this at all. yes, it is his son and yes, he has a right to have feelings. but when you are the president

of the united states you have to go out of your way to make sure that you don't do anything to improperly influence how the d.o.j. runs its day-to-day business. >> harris: that would be easy if he stopped talking. the press secretary, we can't talk about any of that. and so it is problematic for him to say anything at this point. but he is a son, as you pointed out and he will talk. by the way, you made such a great point. here he is trotting him out and at the same time hunter biden is saying i had to sleep on a cot in some of the travel with my dad and i can't pay my child support payments. both sides of one mouth. protestors jumping onto the subway tracks in new york city. this was just this weekend, blocking trains from entering the stations. they are over the choke hold death of jordan neely last week. he had a history of mental

illness and run-ins with the law. a grand jury could decide this week if the u.s. marine veteran who put neely in that choke hold could face any charges. daniel penny's attorneys are saying in a statement, quote, when mr. neely began aggressively threatening the other passengers, daniel, with the help of others, acted to protect themselves until help arrived. daniel never intended to harm mr. neely and he could not foresee his death. neely's family responded as an apology. his actions and words show why he needs to be in prison. what are your legal thoughts in terms of where you think it's going? >> this is a great law school

exam question. it is not at all clear how this thing will play out. we have to work our way through the analysis. medical examiner says it's a homicide. it just means somebody died at the hands of another human being. it doesn't say whether it is a crime. to decide whether it's a crime, you have to determine who was the initl aggressor here. if you are the initial aggressor, in self-defense you can't claim self-defense. we need to know what happened in the moments leading up to this? people on the subway in new york city, they feel like they are taking their lives into their hands every time they walk down those stairs to board a train because the crime situation in the subway is out of control. so with that context, you have to ask yourself was it reasonable for the marine to put his hands on neely in the first place to attempt to subdue him? i think you can make that case. i think you can make the case it was reasonable under the circumstances. the question is, did he go too far?

it was not a case where lethal force would have been authorized but, of course, someone did die. i think that this is probably going to come down on the side of it being a crime. i think there is going to be criminal charges. it won't be murder. we know it wasn't intentional. it seems to be something more akin to involuntary manslaughter. >> harris: you add the politics and what the mayor has called irresponsibility on the part of u.s. congresswoman from new york, alexandria ocasio-cortez, weighing her thumb quite heavily this was murder, so on and so forth and other democrats as well. you put that in the mix and you have toxicity among all those people and their feelings causing more difficulties. they were making arrests this weekend, so on and so forth. thank you for breaking it down. appreciate it. >> always happy to be here. >> harris: republicans and some democrats are fed up with president biden's failures to secure the border. >> the biden administration has been a total disaster.

under biden we have the highest border crossings ever. with the elimination of title 42 it will only get worse. >> harris: everything i'm hearing from my sources at the border is that we're not ready. title 42 restrictions are expiring three days from now. former acting ice director tom homan in "focus" next. 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.

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on a car crash in brownsville, texas. at least eight people were killed. 11 injured when a driver plowed into a crowd near a migrant center. all of the victims were coming here from other countries across the border. the driver of the vehicle is in custody. so far, we don't know what the true motive was here. bill melugin is live from brownsville with more. bill. >> good morning to you. we just got some new jaw dropping numbers from border patrol. listen to this. over a three-day span over the weekend they made more than 26,300 migrant apprehensions. that's a daily average of about 8,800 apprehensions every single day. that's certainly the highest daily average i have ever seen reported during my last two years of covering this southern border. take a look at this video our drone team shot just yesterday afternoon right here in brownsville as this surge

continues. this was possibly the biggest single group of migrants we have ever seen crossing the border. a long line of them at times almost as far as the eye can see. most of them single adult men. very few women, very few children in this group as the rio grande valley sector continues to be overwhelmed with thousands of illegal crossings every single day. you were mentioning that horrible crash. pull up video from the scene of that crash. warn our viewers some of that video is very graphic showing bodies thrown all over place. eight migrants killed 11 injured after the driver of a s.u.v. ran into a crowd here in brownsville. the driver has been arrested. police trying to figure out what the motive was. if it was an accident, d.u.i. or something more sinister. listen to what one of the migrants on scene, what she had to say. >> all of a sudden bodies start

flying all over. there were dead. some were missing legs. it was horrible. >> harris: we have breaking news so we'll pull away from bill melugin. same topic. it is that brownsville, texas crash and here is the police update. let's watch. >> in regards to the crash on the 600 block of minnesota road. upon arrival officers found multiple casualties and several injured. officers also found a gray s.u.v. with heavy damage and a driver on scene. through the investigation, it was found that the s.u.v. ran a red light, lost control, flipped on its side and struck a total of 18 individuals. it was further found that there were six fatalities on scene and 12 critically injured. from then fatalities have grown to eight. investigation also revealed the driver of the vehicle later

identified as george alvarez, november 9, 1988, had attempted to flee the scene after impact but was held down by several individuals on scene. investigation also revealed the driver of the vehicle -- george alvarez is a brownsville local with an extensive rap sheet and formly charged and eight counts of manslaughter and he has received bonds totaling $3.6 million and we have his picture on record on various previous arrests as we'll display to you right now. i want to thank my men and women serving who have worked and

continue to process the scene. the very tragic scene. i would like to thank and acknowledge for the ending to the critically injured. and many others. multiple agencies for their unwavered assistance throughout the tragic event and like to thank multiple individuals who reached out and supported us starteding with our city leaders, city management, county judge, state reps, and senator and the governor greg abbott. brownsville is a proud, resilient city and continue to best serve our community as we continue our investigation. we'll work with our network supports to make sure victim

assistance is made available to all affected. we have established contact with venezuelan officials and will continue. >> harris: that's the police chief in brownsville, texas giving us a lot of information there. particularly on the driver who he says from their investigation lost control after running a red light and crashed near that migrant center and there are now eight counts of manslaughter against that individual, george alvarez. 36 years old. being held on $3.6 million bond. according to the police chief, he is a brownsville local with extensive rap sheet. that's the very latest from there. let's move on. that is not far from where we are talking about, the border here. and that is definitely something we'll lean into. kyrsten sinema not holding back on the end of title 42.

>> the biden administration had two years to prepare for this and did not do so. our state is going to bear the brunt. migrants will be in crisis as soon as next week. it will be a crisis because we aren't prepared. >> harris: they are already in crisis and angry because president biden's app didn't work for them. homeland security secretary mayokas was pressed on a bill sinema and tillis introduced to extend migrant expulsions for two years. he pointed the finger at congress. >> we need immigration reform. the president passed to congress a proposal to fix our broken immigration system on the first day in office. we have been pushing for immigration legislation since day one and by the way, it didn't start on day one.

the immigration system hasn't been fixed since the 90s. >> harris: a lecture at this point. tom homan, how does that man still have a job? >> i don't know. he says we need immigration reform. we need a new secretary. look, this problem, immigration legislation has been stalled for a couple decades. there is a way around that. president trump did it. look, we enacted policies that moved illegal immigration to a 45-year low. 83% decline. 83% less people were coming because of the actions president trump has taken. they can do the same thing. they know what we did. they can just dust off the plans and do it again. all this panic about title 42. the biden administration tomorrow could put remain in mexico back in play. the federal courts have already said it is legal.

people can still claim asylum they will wait in mexico for their hearing. it was a game changer for the trump administration. once people realized they had to wait in mexico, they wouldn't be crossing the border and released under the trump administration, no more catch and release. less people came. they know they don't qualify for asylum and taking advantage of a loophole. the immigration data is clear. anybody can look at it. nearly nine out of ten people who claim asylum at the border never get relief from the u.s. courts because they don't qualify or don't show up in court. federal courts said remain in mexico policy is legal. they don't want to do it or secure the border. >> harris: when you talk with people coming across the border and they tell you that it is the economics that are driving them here and they want to send money back to their loved ones at home. that is actually not on the list

for reasons for coming for asylum. so i'm wondering even with the 1500 men and women in our military that the president just deployed. how does any of this solve the problem of the illegality that many of them are willing to make to come here? >> it doesn't. he is sending 1500 troops for one reason, to do administrative duties like transportation and food catering and stuff that some border patrol agents have to do. the border patrol agents aren't going back to the border. they won't do the homeland security duties or on patrol. this is to release more agents to process quicker and release quicker. this administration, the only thing they've done on this border is send more people to the border to process quickly, release quickly, because they care about the optics. if there is no overcrowding, there is no crisis. this is all they've done from

day one. >> harris: senator sinema said something so true. she said they have had two years to work on this. biden knew he wanted to do this the day he flipped the switch on trump's immigration policy. your last thought. >> he knew exactly what he was doing. he campaigned on it. secretary mayokas was deputy secretary when i worked for jay johnson who i respect, the secretary of dhs. we stopped this. we had a family. we built detention facilities and detained people and made them see a judge. 90% lost. sent them home. border numbers went down. what is mayokas doing now? not detaining them. released without a court date. for the 9d 0% that lose their case isn't looking for them because mayokas said it is not enough to make an arrest. >> harris: you just spoke to it right then. why does that man still have a

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♪ >> harris: where is the energy of an incumbent president and white house ready to bring it on for the next four years. maybe a theme song that would better than i just did. his team has posted something almost as weak. a three-minute video to kick things off nearly two weeks ago. haven't seen anything since. joe concha asking where in the world is joe biden? an excerpt, the president's campaign, if it can be called that, appears to be banking on the same strategy it used in 2020. lay low where the focus is on his opponent. not his record. jesse watters echoes that. >> we don't know what the president is doing with his spare time. it is odd. you think he would be on the campaign trail. announcing a new policy. but he is not. this is the biden re-election

plan. they will throw him back in the basement. since the media knows it worked last time they won't have a problem with it. the bottom line is, joe has been a running joke in washington for decades. >> harris: power panel now. vice president cassie and scott. great to see you both. great to kick us off. slow out of the gate. biden far behind in staffing, office space, fundraising events and campaign funding. our source is axios. scott bolden, you played a critical role, i know, in your dnc past. getting things started you have a ton of energy and as a litigator. you need to infuse some in the president and white house right now. >> i know that the republicans don't like this energy from joe biden but -- >> harris: what energy? where is it? >> there is plenty of energy. you just don't recognize it.

let me say that. 18 months out. the president, doing the people's work. every day he is campaigning by doing his job. that's the first thing. second of all -- >> harris: have you seen the border? >> he is working on that, too. sent 1500 troops there. certainly he has a humanitarian crisis there. i tend to agree we need to do better in that regard. the energy of his campaign will come. he is the nominee. nothing will change that. g.o.p. is struggling with donald trump who is facing a civil rape charge. part of the insurrection and is facing 30 charges of fraud in new york. >> harris: is there a tax-free base that democrats hit when they hit the talking points? let me tell you, those are not the people you ought to be worried about. the people in your own party right now with falling numbers of approval for this president. the lowest of the low. >> if you ask whether they vote

for him they say they will vote for joe biden. >> harris: the surveys say they would rather sit home. >> scott had a very telling line there. democrats weren't happy with. he is the nominee. nothing will change that. a lot of people would like to change that. the poll numbers are in the tank. two announced candidates including one named kennedy. i have a shot to make waves and not let me get on the stage. the democrats are afraid if he is challenged. using the word energy. no one is seeing energy. low energy. brings new definition to low energy. >> am i the only one who sees it? >> harris: you are the only one who sees it. the white house on a daily basis has to clean up low-energy remarks. the gaffes are sometimes driven by that sort of thing. by either a lack of knack or

lack of imagination. >> they have a lot of wisdom and experience behind joe biden. i take the william and experience and democratic voters like young voters, black women and african-american women's that's the core base of the democratic party. >> harris: real quick. >> american people are seeing what the experience has gotten them. it is a disaster now under joe biden. i think it will come out in the polls and in the election. >> harris: economically expensive. "outnumbered" is next. thanks to you both. the rate on credit cards is now over 22%. if you want to save hundreds of 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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>> kayleigh: hello, everyone. this is "outnumbered." i'm kayleigh mcenany here along with harris faulkner and emily compagno. along with us, dr. nicole sapphire and bill hemmer, c co-anchor of america's newsroom. we begin