>> todd: a fox news alert. the attorney for daniel penny speaking out about the charges his client is facing for the choke-hold death of jordan neely, after protesters de demanding the veteran be held accountable. >> ashley: i'm ashley strohmier in for carley shimkus. penny's defense fund racks up 2.3 million in don't -- donations. >> he was fearful and was

keeping his fellow passengers safe from the attack. the man was acting in a violent matter physically and with worths. >> ashley: jackie ibanez joins us. >> jackie: steve razor is giving his side of the incident that left jordan neely dead. >> none of that is based on the facts. as to race, it is not motivation for danny. he is the one that put himself in danger. to save who? all the people on that train, black people, brown people, white people, it didn't matter to danny. danny put his life at risk to save all those people. >> jackie: neely's death,

protesters are -- suffered from mental illness. he was on the top 50 list in new york at risk. mr. neely was on the risk list for people of concern. neely had been making threats and threatening passengers when penny threatened to restrain him. he has been charged with second-degree manslaughter and rushing to do so according to jordan neely's attorney. we were told there would be a grand jury presentation and that would take time and it would be a deliberate process, not rushed. then suddenly, we got a call one night before danny was asked to surrender and said he has to

surrender tomorrow. what do you mean tomorrow? this is going to be a long process. it is tomorrow. that tomorrow was friday, when daniel penny turns himself in, he faces time in prison if convicted. back to you. >> ashley: thank you, dana lash has an important question for protesters who want daniel penny thrown in jail, listen to this. >> where was this attention to jordan neely when he had 44 priors or attention to jordan neely when he was known to be homeless and known to be hungry or known to be in need of something? it is odd to me how all of these people show up to honor the memory of a man whose life they didn't care enough about to show up when he needed them most. >> ashley: presidential candidate vivek ramaswamy has donated to penny's legal fun, he will join us to discuss the latest in the case. >> todd: 6000 migrants were

released on parole last week without a court date or any way for the government to track them. despite a judge ruling in favor and blocking the biden administration to move to parole agents through texas. border patrol chief ortiz reporting three agents were assaulted and 15,000 migrants apprehended, including one wanted felon and five sex offenders and 4300 gotawayses after biden made this remark on friday. how do you think things are going at the border, sir? >> much better than you all expected. >> todd: despite the numbers we showed, "new york times" put out this report an hour ago, calling it a quieter weekend than expected. republicans making moves as the 2024 presidential election

inches closer. florida governor ron desantis expected to make his bid for the white house as his campaign moves from the office building in tallahassee to its own location. des press secretary announced he is ep it issing down to pursue other avenues of helping to deliver the governor's success to our country, interesting. comp tigsz within the gop could heat up more, new super pact sworn to protect mike pence. now confirming former tennessee governor bill haslem will serve as national co-chair for senator tim scott potential presidential campaign, expected to formally announce his bid this is the. personnel moving around and the guy leaving desantis's office presumably to run the campaign, they are staking their position,

they know if their guy win the white house, they get a very big role and a lot of people talking about that big role when the guy becomes president. >> ashley: very true. now to fox news alert. we know john durham's report details stunning failure by the fbi and doj in the trump/russia probe and igniting a firestorm across the country. >> this flimsy beginning turned into the massive controversy and everyday, bombshell after bombshell. pulitzer prize upper won on complete bs and it is disgusting. >> todd: tomi lahren here to react next.

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>> ashley: house lawmakers calling for john durham to testify on capitol hill next week after his report found the fbi had no factual evidence to investigate donald trump. >> todd: here is the response from former president trump. >> brooke: durham found the fbi had no evidence of collusion between former president donald trump and russia when they

opened their original investigation in 2016. now durham's report reads, the doj and fbi failed to uphold their important mission of strict fidelity to the law. displayed serious lack of analytical rigor toward the information they received, especially information received from politically affiliated persons and entities. john bren brernnan briefed barack obama about a plan to tie trump to russia in 2016. the report reads russian intelligence alleged clinton was stirring up scandal against donald trump by tying him to putin and hacking the dnc. do not know the accuracy and may reflect exaggeration or fabrication.

i spoke to president trump after durham's report was released and he says james comey needs to be held accountable. he told me, i am more -- american public have been victims of this long-running and treasonous charade. there must be a happy price to pay for putting our country through this. baseless allegations kicked off years of attack. >> in 2016, it was clinton campaign working with the fbi to go after president trump in his election and cammin pa. in '20, 31 former intel officials working with biden campaign to do the same thing. we've seen it twice now, one was fbi and second intel officials going after president trump to keep him from being president. >> brooke: fbi releasing a statement saying the conduct that special counsel durham

examined was the raent current fbi leadership implemented corrective action, which have been in place for sometime. had they been in place in 2000 scan issue the misstepped in the report could have been prevented. ashley, todd. >> todd: thank you. bring in outkick host tomi lahren. what is your big takeaway from this big bombshell? >> tomi: i'll tell you this, i wish i was more surprised. sadly, i'm not. i'm just an average person, i feel like this is treason and the american people have been lied to and that is because we have. it really should terrify the american public, whether a trump supporter or not, the mainstream

me media, they are going out of their way to take this man down, sabotage him, torpedo him and it is mind boggling to me that law enforcement intelligence agencies are working on behalf of the democratic party and not the american people. you have urussia, russia, russi. in 2020, the hunter biden laptop cover-up. what will it be for 2024? i shudder at the thought. can the american people get the truth based on actual facts on the ground and candidates they have without meddling of the agencies? i hope so. i don't know what trust we could have, the rot is abomination.

>> ashley: talk about the bureau and federal agencies, the media seem underwhelmed by durham's new findings, listen to this. >> all hat, no cattle, big fat nothing. it was failure and sub-optimal use of four years worth of resources. >> this is huge waste of taxpayer monly, plagiarized from it is report. >> what can we expect if durham testifies on capitol hill? >> theatrics and antics. >> ashley: the waste of money? the 6 million in this investigation wasn't? >> tomi: i think they were talking about the mueller report and rure, they are talking about those who want to preserve the

public. they are colluding in this. do i expect anything? expect them to hand back their pulitzer prize because of reporting on russia? absolutely not. the american people are smart, sitting back and watching and want to see consequences and accountability. >> ashley: mueller probe was 32 million. talk about a waste there. >> todd: and the threat to democracy that you saw on the screen, no problem with this, when is dumbfounding. miller light being called out for joining bud light with a woke ad campaign. watch. >> how did the industry pay homage to founding mothers of beer? they put us in bikinis. wow. being loo at this. wild. it is time beer made it up to women. today miller light is on mission to clean up the whole beer industry.

miller light has been scowering the internet and buying it back to turn it into good for women brewers. >> todd: you have confirmed that wasn't a joke? that was actually real? >> tomi: i wish it was a joke. miller light is my choice in beer, the bud light thing, no problem boycotting bud light, but miller light hits home for me. this happened before the dylan mulvaney bud light thing, it is not as if miller light saw demise of bud light and thought they would up the ante, at least these are women. i'm not offended by pretty women in ads, having a trans woman dress up like a woman in prom gown and pearls and mock women, that offends me.

beer industry seem to hate their customers. miller light, not as egregious, i think they will suffer. stay out of politics. >> ashley: what about body autonomy for women. they chose to do this. tomi lahren, thank you. >> todd: thanks. >> ashley: listen to this, nearly half of american voters identify as independent and now one group wants to find a 30-party candidate to form a unity ticket inure 22. chief strategist is next. >> todd: pay attention. and martha stewart, a sports illustrated swimsuit model. i'm sure the left will come after her next. she's on the cover. talking about that with the one and only, cheryl casone. don't go anywhere. ♪

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>> ashley: nebraska farmers picking up pieces from last week's tornado outbreak. one lost the home he's known his entire life. saying, everything our couple generations have built and worked for were gone in a minute. >> todd: horrible, 12 confirmed twisters, two people are hurt. janice dean has the fox weather forecast. >> janice: we have risk for strong to severe thunderstorms across ohio, tennessee river valley today. take a loob look at temperatures. 70 in dallas. look at the radar imagery, we see potential for showers and thunderstorms firing up across the ohio valley, we have a flash flood warning in effect for parts of missouri and illinois and risk for hail, damaging wind

and isolated tornados for areas in red and orange. if you live anywhere from gainesville to charleston, make sure you listen to the local forecast and have a way to get watches and warnings. the fox model, we see thunderstorms fire up into the evening hours, dinnertime hours and have way to get watches and warnings. forecast today, warm for miami, 87 going up to 82, 80 in seattle. 74 in los angeles. tracking heat, including seattle and portland. broke record, record highs 20 to 30 above average. a lot of folks have air conditioning, that is going to be concerning over the next couple days. by the weekend, cold front moves through. >> janice: they have cooling

centers. >> todd: two-party system is trending downward heading into 2024. recent gallup poll show -- independents and 25% call them democrats or republicans. a group called no labels is seeking a presidential candidate for a third party unity ticket. and ryan clancy joins me now. why do you think the time is right for a third party candidate? >> it is not really what i think, it is what the public things and hard to avoid the conclusion they do not like what the polls are selling them. half the country is identified independent. >> todd: in connect connects, joe lieberman says three

moderates, joe manchin, republican senator susan collins and larry hogan could be considered for the unity ticket. what are you looking for in the candidate? >> i mean, look, if you look at characteristics that the public was looking for when we polled 26,000 people. the thing they want, somebody who is going to apply common sense to the big challenges of immigration, healthcare. the public is smarter than washington, we do not solve problems unless we do it together. >> todd: in lighter of the numbers, do you think your candidate has legit shot of taking the white house? >> we know the reasons

historically why independent tickets do not pick up. this here we really think is different, unique american moment where there is an opening here. we are a year from deciding if we run a ticket and if we don't think there is opening early next year, we will not force it. we want no part of being a spoiler. >> todd: you are receiving a lot of criticism from the left that your candidate, whoever he or she may be, if they are in the race, will draw votes from biden and give the race presumably to trump, because he is in the lead right now. how do you respond to that? >> last time an independent ran to the middle was ross peroshg t and he drew almost evenly from both sides. we are sitting here almost a year from the election, no ticket, no platform, no idea

where the country is going to be. anybody who says they know how an independent would favor, they are speculating. >> todd: i find your potential party fascinating, i think all eyes need to be on it heading into 2024, you will make waves, people, pay attention. thank you. remember mostly peaceful riots of 2020? they are topic of a house hearing today and republicans are looking to give police support they need to stop cities from being burned to the ground. >> ashley: buildings on fire look peaceful, right? no. a reporter was in the middle of the riots, he issive doing today and joining us here first. don't go anywhere.

>> ashley: companies like tyson, caterpillar and boeing are vowing to leave the windy city after new mayor brandon johnson was sworn in. the former teacher has gone on record defending rioters and admitting to refusing to give students bad grades, even if they deserved them and he's made comments about defunding the pd. >> the $150 million was not

redirect the funds? >> to the consent decree and hire and promote 200 detectives and implementing laws on the books like red flag books, never said i would cut the police budget. >> ashley: former chicago police chief will serve as interim superintendent. >> todd: residents suing over plan to house 500 migrants in a former high school in the area. >> they made decisions without our input. they did not ask us for whether we were felt safe or didn't have plans to ensure we were safe and we voiced concerns and given run around that no one knew approximate it and we knew that was not the truth and we took action. >> the city hasn't done anything to address this situation.

we don't want something like this to occur. this is not something that we are going to permit. we will fight this. >> todd: former chicago mayor lori lightfoot declaring a state of emergency as more migrants flooded the windy city. >> ashley: san francisco pres man, security guard, accused of stopping a 24-year-old man accused of stealing from a store before throwing punches andic taking him down >> the security guard is seen pulling his gun out as the thief tries to leave the store. when interviewed by police, the security guard said he felt his life was in danger during the altercation. burglars caught on camera using a truck to crash through a store front. police are searching for the people expected to be involved in the $70,000 robbery.

this is not the first time this business was ra robbed, three times since 2018. the store owner reacting, it seems like they had idea what to grab, they grabbed clothes and we carry premium items, things that sellout at retailers. >> todd: musician billy joel moving out of his home of 20 years. he purchased the estate for $22 million, so weird to do a read when you hear a song, throwing me off. the home is 40 miles east of midtown, up for sale for $49 million, he will make a tidy profit. the grammy winner and his wife are spending most time in

florida. i don't know if he will continue resi residence at madison square garden, clearly he can. instead of helicoptering, you fly a plane to a major airport, do your show and you do not have to pay so much in taxes. >> ashley: he's so close to where he performs, his house is beautiful, he's lived here his entire life and still leaving, what does that tell you about new york? people are sick of it. >> todd: and he is quintessential new york. like bruce springsteen is mr. jersey, billy joel is long island, he is new york. it shows how bad it had gotten. it is he worried about security issues? probably not, he's probably got security. it is overall feel, the way this entire area feels is not what i

grew up in and that is sad and it is pal apable. who is going to be left to turn out the lights, guys, it's scary. >> ashley: if he moves to florida, does he have to pay capital gains? >> todd: on profit he sells this house for, the tax approach, he will save money on his income. does it matter for him in the end? everybody wants a few extra million. >> ashley: it may not matter for him, maybe he just wants to move to florida. >> todd: i heard he filled his helicopter with popcorn, will he fill his plane with popcorn? >> ashley: have you seen him live? >> todd: awesome stuff. hunter biden's tax probe, the whistleblower who sounded the alarm says this is are reital

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>> ashley: the irs removed entire investigative team from multi year investigation into hunter biden and a whistleblower who led the investigation since between says the decision is retaliatory. >> todd: nothing to see here. cheryl casone here with more. unreal. >> cheryl: yeah, so lawyers for whistleblower at the irs says the entire team investigating hunter biden for tack fraud removed in a letter to congress. the lawyer says this, removing the experienced investigators who worked this case and are subject matter issue is what our client intended to blow the whistle on.

the whistleblower contacted congress alleging a cover-up and that the tax case against hunter biden was being swept under the rug. see if more details develop. >> ashley: talk about martha stewart. >> cheryl: she has set a record for oldest swimsuit sports illustrated swimsuit model. she was asked to do this end of last year. this is not her thing she pursued. she was on the today show yesterday talking about how it was to do a swimsuit shoot at 81. >> to be on the cover at my age was a challenge. and i think i met the challenge. i didn't starve myself, i didn't eat bread or pasta for a couple

months, went to pilates, i live a healthy diet anyway. it was kind of fun. >> cheryl: no stranger to celebrity and pretty pictures. i think she modeled when she was young, right? she knows what she's doing. there are nine different swimsuit looks, we'll have to wait to see the cover shoot. her snoop dogg, making it happen. >> ashley: pilates. >> todd: martha stewart grew up in the same town as my dad. my dad will not be on the cover and thank goodness for that. get your thoughts on this. there is this amazing anticapitalist approach from a teachers union issue but the board of this school spoke out and said not here, guys.

>> cheryl: let's erase capitalism, let's not go to business school. colorado teachers union passed resolution that says, capitalism exploits children, public schools, land, labor and resources, opposition to addressing systemic racism, climate change, patriarchy, education and equality. it goes on and on. income equality. that mission statement causing uproar among teachers and of course parents. watch. >> what they want is commun ism where the rubber meets the road. they can keep it, we believe in froirm, independence and right to be in charge of your own destiny and reap the fruits of your labor. >> cheryl: davidi lingworth

joined you. >> they are determined to push it not just on the government and the people, but on their kids. >> cheryl: we reached out to the union, our members reflect diverse views and member aspiration and collective endeavor to create a safer and more equitable world for coloradoun stereos, educators and communities and do not require action from the organization. don't people have to pay to be in a union? >> todd: yes, forced belief system. horrible situation. >> cheryl: in colorado, home of let's keep our kids at home in lockdown for covid. i'll stop. >> cheryl: happy tuesday. >> ashley: a alarming new poll

reveals teenagers would gladly choose social media over the right to vote. does it shock you, though? survey shows 64% of americans between 13 and 17 would rather give up voting than lose access to tiktok and other apps for a year. evita duffy-alfonso is a staff writer at "the federalist" and joins me now. does this shock you at all? >> no, it is not shocking at all. i'm not that old, i'm 23, i have friends who have tiktok and younger siblings who have social media. social media is designed to be addicting for young people. voting comes around once or twice a year. ittic mas perfect sense why they would say, i want to keep my

tiktok, it is like heroin, than to keep voting rights. great example of why we should not be lowering the voting age, which democrats have been pushing for years now. >> ashley: i do not agree with lowering the voting age, people 13 to 17 are trying to figure their life out. what can motivate these young people to want to get out and vote? >> i think we want to have people voting who actually want to be voting. i think it is bad politics to say democrats do this all the time, harvest ballots on college campuses, they say get out and vote. you should vote, if you're informed. if you are not doing that, i don't think we should encourage union people to cast ballots they are not being thoughtful about. in terms of how do we change priorities, having civics test

before you are able to cast a ballot would be great way to vet out people who don't value the vote. >> ashley: they don't value it, anden 22 ages 13 to 17, even between 18 and 21, your priorities are not there. you haven't lived enough life to decide how important it is to be voting. evita duffy-alfonso, thank you for your time. turning to major breaking news this morning. durham report is out and damming for democrats and the justice department. >> todd: 2024 presidential candidate vivek ramaswamy is here live with reaction, first brian kilmeade will look at what is coming up on "fox and friends." >> brian: first off, we'll be covering that, but bias in the bureau, we'll expand on it and long-awaited durham report is out and fbi had no factual

evidence to investigate trump for colluding with russia in 2016, something the former president has been saying. we are breaking down the key players in the investigation and seeing how everyone else is covering it or choosing not to. plus, the border surge not slowing down, texas facilities filled to capacity, some overcapacity and seeing impact of title 42 expireing and morphing into title 42 eight. congressman tony gonzalez on uvalde. and stefanek and senator mike lee, matthew whitaker and leo terrell on the subway investigation and the second-degree manslaughter charge. i ask you, i beg you, it is tuesday, i need yo get dressed by the time the show

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>> we have seen it twice. once the fbi the other the former intel officials. go after president trump and keep him from being president. >> there needs to be prosecutions there needs to be accountability. and the fbi has got to be overhauled now top to bottom. it's got to be completely reformed. it cannot go on like it is. >> a fox news alert. house lawmakers calling for special counsel john durham to testify on capitol hill next week after his scathing report reveals that the fbi had no factual today investigate former president trump for colluding with russia in 2016. >> vivek ramaswamy is running for president as a republican he joins us now. vivek, good to see you. as someone running against the former president for the 2024 ticket. how concerning is it for you and everyone on that republican ticket following this report?

>> this is deeply concerning and a call i made in early march the president needs to shut down the fbi. this is a corrupt institution that has repeatedly revealed itself to be politicized. the same fbi that went after martin luther king now effectively went after donald trump. i think when you have an administrative rot that runs that deep you cannot reform it top-down. you have to actually shut it down. and i think that's possible. if you think about it at the local level, you have local police and you have a prosecutor. you don't have an investigative unit in between. at the federal level, you have u.s. marshals and the department of justice. when you have a bureaucracy that's sits in between that is a formula for corruption. that's what we see here in the durham report. >> todd: fbi releasing a statement in response to the report quote the conduct in 2016 and 2017 special counsel durham examined was the reason that current fbi leadership already implemented dozens of corrective actions which have now been in place for some time had those

reforms been in place in 2016 the missteps identified in the report could have been prevented. vivek, how do they explain how they handled the hunter biden laptop then? >> thrvettle is selective investigation and selective prosecution. that is not justice. that is a perversion of justice. and what we need in the federal government, including in federal law enforcement, is reinstilling a culture of the rule of law. not doing the law as a constraint or inconvenience. but the motivation for actual federal law enforcement itself. that culture is completely missing at the fbi. prosecuting certain things while making up investigations on others depending on your politics that, is not justice and it's going to take a president who leads and is willing to take the actual hard steps like shutting down this institution and reinstilling a culture of the rule of law itself. >> how concerned should not just republicans be, republican

voters. because of this 300 plus page report? >> so, look, the same shoe can fit the other foot. as i alluded to they went after martin luther king in the 1960s. this should not be a part of san issue. i think it's not a partisan issue. we ultimately want a law enforcement that is blind to politics. that is not what we have today. part of the problem is bureaucracy is still vast the still the j. edgar hoover building in washington, d.c. that the people walk into. it becomes part of the culture of the institution itself. this is not constitutional. the fourth branch of government broadly is not constitutional. i think the next president of the united states has a chance to fix it. that's what i have been saying for months i would shut down the fbi but still have a federal law enforcement apparatus that actually gets the job done. >> todd: actual focuses on helping the american people as opposed to whatever this is. >> yes. >> todd: one of over $40,000 gave money to daniel penny's defense fund that has now reached over $2.3 million what

does this outpouring of support show you about what the american people are hungry for in this day and age? >> i'm proud to see the american people actually rising up. >> you don't just vote every day. you vote with your dollars, too. i like to practice what i preach. that's what i have been encouraging others it wasn't just my donation i have been encouraging others to do the same thing. take the lesson of this day. jordan neely. nobody that should have never been on the streets free to do what he did. abducted a 7-year-old. reportedly assaulted a 67-year-old. if the new york police departments had been doing their jobs,allowed to do their jobs, then this incident never would have happened. i want to make sure this individual who actually appears to have been taken action for a guy who was supposedly actually showing threats to others on the train i want to make sure he receives a fair defense. i think it's important that we gain confidence in the rule of law in this country. i think it says that many americans are hungry for the same thing which i take as

encouraging sign for where the hearts and minds of citizens across this country are. >> ashley: of the system failed not only jordan neely but also failing -- but i blame the d.a.s because they are not allow the police to do their jobs. maybe they could have taken care of this before. >> todd: vivek ramaswamy always good to see you sir. "fox & friends" begins as always right now. ♪ >> there needs to be prosecution, accountability. can't go on like this. >> the fbi ignored evidence into the origins of the probe between russia and donald trump 2016 campaign. >> it border? >> better than you all expected. >> 6,000 migrants released. 1500 mikes apprehended including one wanted felon. >> potential terrorists could be coming across our border and it happened. >> he was fearful for the safety of those passengers. >> the case that has captured america's attention. daniel penny charged in the chokehold death of jorda