(vo) if you've had thyroid eye disease for years and the bags under your eyes are looking more like purses, it's not too late for another treatment option. to learn more visit treatted.com. that's treatt-e-d.com. >> this is not how it is supposed to work. we should have never gone through the pain of the russia hoax. >> the long-awaiting durham report is out, no factual evidence to investigate trump for colluding with russia. >> critics accusing daniel penny of being racially motivated, he says it is not true. >> his mindset was to keep fellow passengers safe, nothing to do with race. >> other than pas of new york public schools objecting to

asylum seekers moving into a gym in williamsburg. >> this is unacceptable. >> thousands of officers visit the capitol hill for national police week. >> serving in law enforcement is not a job, it is a way of life. >> with support from cops, it upon hads me get through what i was going through. >> the beer industry is plagued by woke marketing executives. >> bud light is not the only beer company feeling heat, miller light. >> this is where they get it wrong. >> ainsley: we begin with a fox news alert, special report from james comey. >> brian: house lawmakers calling for durham to testify on capitol hill next week. >> steve: maybe me will. griff jenkins has the latest. >> griff: house judiciary chairman jim jordan is the

latest and wasting no time in the wake of this report to announce he asked the doa to make john durham available to testify over his work which led him to conclude that the investigation should have never launched and did not show politically motivated evident. he writes, the doj and fbi fail to uphold strict fidelity to the law. senior personnel d displayed lak of -- politically affiliated persons and entities and durham concluding there was predisposition to open investigation into trump based on leads provided or funded by trump opponents. durham saying the ploy by hillary clinton campaign felt short of amounting to provable

criminal offense. the fbi said the conduct was the reason that current fbi leadership implemented corrective action, had the reforms been in place issue the missteps could have been prevented. the former president was quick to respond demanding people be held accountable. including james comey. trump telling fox news, i and the american public have been victims of this long-running and treasonous charade started by the democrats and comey, there must be a heavy price to pay for putting our country through this. what might we hear in the hearing next week? durham states that the cia caught wind of the trump-russia allegations and briefed the obama white house about an effort to frame trump, perhaps mr. jordan will get answers

about that, as well. >> brian: thanks, griff. bring in gop senator mike lee. what is the difference in this and the horowitz report? what have you been able to pick up with your legal background? >> they are both damming, this makes clear it is more than garden variety misconduct or sloppyness on the part of the fbi. this nation's premiere law enforcement agency was able to take political motivation and weaponize to the criminal justice system to undertake investigation against a presidential candidate they didn't want to win. the fact they got away with this and did so in the absence of legitimate evidence is not just

a front to the constitution, popular sovereignty. of the people, by the people and for the people. the implication cannot be overstated and make sure this is weighted out completely. have to be major consequences for the fbi and doj. >> ainsley: what will the consequences be? what will you be doing? >> why did we fund $500 million for a new fbi headquarters? i continue to wonder if we needs a decentralization of law enforcement power within the federal government because svb seen these are consequences that our country can't endure. >> steve: this happened in 2016-2017, for the most part, those people are long gone and they were at the pinnacle of

this investigation. it is extraordinary people under them didn't say, did you see what they are doing over there, i don't think it is right. >> people under them or over them didn't say it, that is why i say we need major overhaul and restructuring of the system in place. this was not just abstract affronts, this ruined lives, destroyed careers, scores of people affects and had impact on politics and ability of trump administration to do what it needed to do and even on the 2020 election. >> brian: hillary clinton got away with a fine. john brennan briefed obama she was up to doing this. they watched it play out and watch launching of this fbi

investigation into the campaign to when he was president-elect and we get the mueller report and not separate is the twitter files which show social media working against trump's second attempt and the mark zuckerberg-bucks to stop trump from winning again. this has to be intimidating for a republican that is trying to win president. this is working against you. we have known the deep state was alive and well, we didn't know the deep stay heavily plays in criminal law enforcement agencies. end of the day, founding fathers made a wise choice by not putting the power to run elections in the hands of the federal government, put it with the state. you have massive behemeth of law

enforcement agency that can affect those and that imperils structure of the constitution and we need major overhaul. >> brian: fbi had their hands in social media same time they were investigating trump. this is insane. >> pulling levers from etch00 side. there was a push and a pull and no point did anyone above or below the line officers in charge of this, call foul, even though they had reason to call foul. they knew the sources of evidence were not legitimate, no evidence to do that. that is an offense to the constitution. you try to throw off an election, that is devastating, the moment you break glass in case of emergency. >> ainsley: yeah, people complain about donald trump and are we ready for another four years because of his personalities, do you blame him? russia, russia, russia, that is all we heard when he was running

and years after. he had to defend himself and on social media, they blocked him and he had to start truth social. >> take a few mean tweets any day to not have an fbi that made corrupt decisions like this in order to have $2 gas again, in order to have a government that stands for the people and not for the washington, d.c. establishment. >> steve: right. senator, in scans main-stream media, big newspapers, other channels, they are going, we knew all this stuff, no blockbuster here. what do you say to them? >> obviously they are not looking honestly, i saw people on msnbc last night suggesting they didn't find anything, nothing confirming wrongdoing. i don't know how anyone could look at that and reach that conclusion without needing their head examined.

they are willfully blind to the facts. this was fraudulent investigation. >> ainsley: except jack tapper. he said outrageous. >> brian: he said in many cases donald trump is vindicating. that is to jake tapper's credit. in this success because related to republican president, everyone should be equally offended. if they can do it to a republican, they can do it tomorrow to a democrats. >> brian: final thought, both candidates knew it, hillary clinton was behind it and joe biden looked into that camera and said 51 intelligence experts said that laptop was russian disinformation knowing damn well that was his son, those were his

e-mails, his pictures and had no issue lying and hillary clinton says donald trump was illilegitimate president. so many families didn't believe hillary or only believed trump, it ruined families. >> family fortunes devastated and ruined against false allegations, known by those conducting the investigation that they were false. this will change all sorts of things and it must. i expect there will be civil action brought against characters in charge of this. >> steve: you tweeted, gravity, misconduct uncovered by mr. durham, cannot be overstated. thank you for joining us live temperature is 8:11 here in the east and ashley joins us.

you got headlines. >> ashley: start with this, suspect in custody for the baseball bat attack on two of democratic virginia jerry connelly's staffers yesterday. one victim was an intern on her first day. could you imagine? this video of a separate rinse dent shows the suspect chasing a woman and hitting a windshield, this happened about five miles away. both victims are out of the hospital. congressman was not there at the time and says the man acted innige ra. motive for the attack is unclear. turning to biden border crisis, california considering new bill that would use taxpayer dollars to fund a $365 million program to pay unemployed migrants for up to 20 days, this as border crossings continue to surge.

elementary school gym in brooklyn is being used as a temporary shelter and parents are outraged. >> we are lacking a lot of programs in the community and you take away one space our children use. with all due respect to the mayor, please reconsider -- >> democratic majesty city council criticize -- don't change anything, don't think about changing any rules of procedures. even when you try to change something or if you do this absolutely emergency situation, created by federal government, open border policy. >> ashley: seven new york school gyms are being used to house migrants. >> ashley: busc h light is bringing back their corn cans, a percentage of the sales will be given to farmers who have

experienced major illness or natural disaster. cans and cases go on sale in july. >> ainsley: i love those, i like the cans. makes me think of the state you were born in, iowa. >> brian: we do a lot of beer talk. >> steve: we do. >> ainsley: bud light, miller light and now busc h. >> brian: ready for a keg. >> ainsley: i'll hold your feet. >> brian: that was a different college experience. windy city wokeness driving more business out of the city is the latest proposal. leo terrell joins us next.

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we moved out of the city so our little sophie could appreciate nature. but then he got us t-mobile home internet. i was just trying to improve our signal, so some of the trees had to go. i might've taken it a step too far. (chainsaw revs) (tree crashes) (chainsaw continues) (daughter screams) let's pretend for a second that you didn't let down your entire family. what would that reality look like? well i guess i would've gotten us xfinity... and we'd have a better view. do you need mulch? what, we have a ton of mulch.

>> none of that is based on the facts. as to race, completely not the motivation for danny. he is the one that put himself in danger to save who? all the people on the train. black people, brown people, white people, it didn't matter to danny. danny put himself at risk to save the people, nothing to do with race. >> steve: the attorney for marine vet daniel penny sharing what happened on the subway ride that ended in the death of mentally ill homeless man jordan neely. fox news contributor and attorney leo terrell joins us. good morning. so daniel penny faces between five and 15 years in prison if he is found guilty. should he have been charged in the first place? >> leo: absolutely not. this man, this marine is a hero.

this argument, steve, about race is a red herring, being raised by race baiters. daniel penny safed people of all colors on the subway, black, white and brown. daniel penny is being prosecuted because of his race and who is calling and making this accusation of race? the race baiter, the professional peep whole play the game of white suspect and allegedly a black victim. daniel perry is a hero, end of story and why people are rallying to him and raising money for him. >> steve: that is right. so far, looks like donations to daniel penny legal defense fund topped out at 2 million, including $5000 from kid rock. talk about the city of chicago, leo. you are in l.a., the second

city, as it is known issue chicago. the new mayor inaugurated yesterday and he has vowed to tax the rich to pay for his agenda and sounds like cme group said because of taxes, we sold our property in chicago and illinois and getting out. >> leo: yeah. brandon johnson, steve, has only been mayor for one day and become the worst mayor in the country. he issive drooing the tax base out. his best friend, bernie sanders wants to tax the rich issue oppose the police and try to create socialism in chicago. i beg you, name me one democratic mayor, were there socialism, taxing rich have worked?

i live in l.a., where has it worked? he is ep onning up chicago for migrants to come and showing that everything is on the table to destroy the city of chicago and chicago will become the detroit of 1975. >> steve: but leo, as you know, when other people with money leave town, businesses leave town, nobody can pay ta taxes a pay for all the stuff? >> >> leo: that is what is going to happen, people in low middle income, he's going to hurt them because the tax base is going to leave chicago. makes no sense and not a working example. complete failure with democrats try to socialize big cities in america. >> steve: he's been on the job one day and you say he is the world's worst mayor. >> leo: he is.

>> steve: thank you for joining us live today. >> thank you, steve. >> steve: see how day two goes for him. fox news alert, four years and two days later, long-awaiting durham report released, that is coming up next. first, national police week, in honor of those putting on the uniform, here is the new york city police department band performing live. isn't she lovely. ♪ ♪ [singing] isn't she lovely ♪ ♪

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headlines. three dead in a shooting spree in new mexico the lone suspect was killed at the scene. the shooter fired three weapons. the wounded officers are listed stable. the irs removed entire team investigating hunter biden's foreign business dealings. a whistleblower who supervised the investigation claims the decision is clearly retaliatory. the whistleblower lawyer telling congress, removing the experienced investigators who are now subject matter experts is the issue our client intended to blow the whistle on to begin with. group of sorority sisters suing university of wyoming after being forced to accept a transgender student into their chapter.

listen. >> we were promised to have a sisterhood, meaning females and our national sorority failed us. >> it is disheartening when you are 6'2" man you are treated as the victim. >> never thought this would happen to me in a sorority. >> having that person try to take it away is not okay. >> much cathe full interview tonight on the ingraham angle. >> brian: we've been talking this morning first and foremost about the durham report. it released yesterday and here is what they found. essentially, why was it launched in john durham was asked, you are a great investigator, apolitical, bill barr asked him to find out if there was misc

misconduct -- subpoenas. in the end, come to this conclusion, after couple trials of getting clients to admit falsified application and getting others to court, they would be indicted, but not convicted. the department and fbi failed to -- described in the report. we go on, the department did not adequately request materials got. the fbi gets stuff, unverified and launch operation crossfire hurricane. there was no reason to do it. that would cost billions and destroy the trump team in many respects, ruin people who had to lawyer up and would have to cut plea deals. paul manafortwent to solitary

confinement. michael sussmann was working for hillary clinton. waubed in and said i have this information and here it is, did not say he had a prior point of view and got exonerated on that. then you have mark elias, political operative behind all this and hillary clinton lawyer, as well. james baker is were have, reportedly outraged to find out hillary clinton's team launched this probe falsely into donald trump, came up with tdossier, paid for it,y said he didn't know hillary clinton was in charge of it. i doubt it. you had christopher steele, never went to ush radio, had contacts in ush radio, none verified. he started to panic, i will give

million dollars to anybody that can verify the steele report and nobody came up with anything, then gets me to igor danc. it plagued the administration day one, no idea how that guy got off. andrew mccabe should be embarrassed. he was the top of crossfire hurricane and should have been fired immediately. he still has benefits, even though he did retire and strzok was given the portfolio to look over operation crossfire hurricane. we know he hated trump and we know about the smelly walmart shoppers and he said he had a plan in place should trump win the election. many people thought he was

illegitimate. how do you summarize this quickly? bret tolman is a former federal prosecutor, and brets, does the fbi look bad in this? >> bret: it is startling to read this. i want to take a step back and look at two things dependently on each other. you have a hoax made to look real, like real investigation. it is endorsed and pursued by the a.g., the cia, the vice president and the president at the time in 2016. and then fast-forward just a bit and you have the same agencies, same organizations and many same people making a real evidence on the hunter laptop of real corruption, real collusion and they make that look like the hoax. look at both of these to

understand this is an op and not a real investigation thchl is an effort and effort by those with power. why did they get to do it? because they have no transparency and no accountability and once you give them that power without accountability, you see what you get. >> brian: hillary clinton idiotically had private e-mails with top secret information as former secretary of state. with all this pressure on her, she has a brilliant idea, get the pressure on trump and say he's collaborating with russia to throw the election in his favor. innen maways, it would work. crossfire hurricane was launched, mccabe to strzok, to lisa page, off they go, james comey on top. tell me about it, tell me how it doeses. stunningly trump wins and they

maneuver to get the mueller probe launched by making jeff sessions feel like he is collaborating with russia, which is stupid, he was a sitting senator at the time and off and running they go with the mueller probe until william barr says this is out of control and we don't get out of this then the ig report comes out and this report comeless out. the conduct, special counsel durham examined was reason the leadership implemented corrective action and have those reforms been in place in 2016, the missteps identified would have been prevented. are you convinced they are reformed? it is laughable in a response and idiotic to believe they are reformed. what has to happen next, congress has to launch immediately subpoenas to each of

the individuals, bring them in front of congressional committee and start to expose it. same time, lawsuits and class action lawsuits need to be filed against the individuals and agencies, if they are not successful, it will highlight the need to either pair down immunity privileges or to be able to show some form of accountability. the american people are mad, brian. >> brian: not everybody, i'm watching the guy andrew weisman who launched the mueller probe, he says this is a big nothing burger. >> well, they have to say that at this point, you will start to notice many looking at it closely, even on cnn, have started to suggest this is shocking, it had little and no backbone behind it and no foundation, it was a operation, brian, not an investigation.

>> brian: right, imagine being wrongly accused and spending time in jail for you have it is you didn't do. brett tolman, trying to get his hand around this. texas greg abbott drawing battle line for school choice, why this is so important for student futures and perhaps your kids. out here, you're more than just a landowner. you're a gardener. a landscaper. a hunter. because you didn't settle for ordinary. same goes for your equipment. versatile, powerful, durable kubota equipment. more goes into it. so you get more out of it. the day you get your clearchoice dental implants makes every day... a "let's dig in" day... mm. ...a "chow down" day...

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warnings, potential for heavy rain could lead to flash flood threat. we had rain in the last couple weeks, today being no exception. look ahead to what the day has in terms of temperatures, very warm for the country, feeling like summertime, especially the northwest, we hit record for the pacific northwest, including seattle and portland in the high 70s and 80'ses through thursday and friday, cold front moves through bringing temperatures down to seasonal averages, i'm sure they will appreciate. look at seattle, 67 is the daytime high, well above average until saturday. i think i am tossing over to ainsley. hi. >> ainsley: i'm coming to eat barbecue with you. >> janice: barbecue and then a nap. >> ainsley: thank you.

battle in the lone star state, governor greg abbott threatening to rework a school choice measure he says doesn't go far enough saying the senate version of school choice makes 5.5 million eligible and the latest version only applies to 80 80's,000. angie joins us now. thanks for coming on. i think most agree with the governor, they like school choice for more children or students and every parent get the $8000 voucher to send their kid to private schools. how did we get this watered down version? >> a few legislators are holding out, they locked arms with

unions. i think they will come around. parents in the lone star state support choice and we're fired up and the governor laid down the gauntlet. this is freedom, we have antiquated system based on where you live instead of the freedom for a parent to choose the best school for their own child. they know and love their kid best, the governor knows that,s mom and dad are in charge, he'll give that power back. no longer will the government assign school, parents can select school for their child. >> ainsley: the currents form would only allow students with disabilities or those that attend an f-graded campus are

eligible. lawm lawmakers, what is the compromise? what are they willing to give so the governor does sign this? he says he will veto current legislation. >> that is correct. the compromise is four million children must get education freedom. this watered down version is just not good enough. there are too many children stuck in schools that either are not providing education their parents want or the teachers, there is rogue teachers, rogue administrators, pressure from the union and indoctrination is real and parents have had enough. if they don't want to leave their public school, they want the power their public school will listen to them and stop with the nonsense, get back to reading, writing, science and not culture wars.

>> ainsley: i get it, we are taxpayers and most of the schools in new york city are terrible. in order to get the $8000 voucher, it can help families and pull kids in lower income areas to get better education. thank you for what you do, thank you for standing up for the kids. read more on fox news.com. we have ribs and i think withes, it is national barbecue day and it continues on the fox square. let's check in with bill hemmer for the top of the hour. >> bill: nice to see you, beautiful day outside, go get the barbecue. >> ainsley: i'll bring you some. >> bill: thank you. fall out continues on the durham reports, nikki haley, karl rove react. and hear from one creator of

artificial intelligence how will that go? we'll see. and the anticapitalist cafe has gone out of business in one year, can't make it up, dana and i will join you top of the hour, come along. two pills relieve allergy headache pain? and the congestion that causes it! flonase headache and allergy relief. psst! psst! all good! - representative! - sorry, i didn't get that. - oh buddy! you need a hug.

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>> brian: it is national barbecue day for meat lovers across this great nation. >> steve: indeed. >> ainsley: wings, ribs, barbecue sundaes. >> steve: we have dan, a marine vet and owner of red, white and cue smokehouse in greenbrook, new jersey and the chef and matthew glazer of morgan's barbecue in brooklyn. all right. let's start with you, what have you got going for national barbecue day? >> we got us smoked tater barbecue sundae. we take the taters, give it the nice -- we had to gr to idaho. >> steve: mac and cheese -- giant tater. >> beans in this one, it is healthier. and i will take this brisket.

>> steve: that looks good. how long that been cooking? >> don't be afraid. there you go. 18 hours. >> my beautiful wifeicate catie will top it. >> what makes it a barbecue sundae, is the toppings. i will go ahead and put delicious, creamy topping on top. >> ainsley: how did you come up with these, i've never seen these. >> people think there are rules in barbecue. >> then top it with our favorite, housemade pickles. >> ainsley: i love pickles. >> pickled onions, jalapeno, you like spicy? >> you'd be surprised how many

can put them down. >> so good. >> brian? >> steve: very tasty. >> brian: looks great. >> steve: tell us what you got going. >> we got ribs, brisket, holy trinity, smoked sauce knowledgea, ribs, brisket, homemade cornbread, mexican street corn. the brilliant chef on the grill. >> steve: take a look at how he grills. is he grilling? this stuff is presmoked, isn't it? >> how long does it take? >> how long do you do the ribs? >> for four and a half hours. >> steve:y use oak wood smoker? >> we have a great big smoker, baked ribs, everything on the smoker. >> janice: who knew in brooklyn new york this was a big thing. >> nice, look at this cornbread.

>> ainsley: what do you want to taste? >> janice: i'm overwhelmed, can i just pick off this? >> take whatever you want issue lots more. >> fred flintstone stuff. >> steve: congratulations, national holiday today. >> brian: do you live near nuclear power plant? how do the potatoes get so big? >> got to know. >> is that what people do, come in and order that and eat for two? >> many for one. there are big eaters out there. >> janice: contest waiting to happen. >> steve: how did you get these two involved? >> this is my wife, easy. >> >> steve: she could have left you with the smoker. >> this is kyle, he is hand

some, but can cook. >> what is the most popular? >> our brisket. >> wedwhite andcues andcuesmokehouse.com. >> where are you located in brooklyn? >> near barclays center. we have a location in pennsylvania, as well employees >> can you make a reservation? >> i'll give you my card, we can give you a special. >> i'm not done. >> steve: delicious. we are stepping aside. ♪ >> janice: smells like barbecue. ♪ you the less they'll miss. but even if your teen was vaccinated against meningitis in the pas. although uncommon, up to 1 in 5 survivors of meningitis will have long term consequences.

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? >> amazing. >> new york city police department jazz band. they have to stop criminals from doing bad stuff in the city. how talented are you guys? >> do you do weddings? how cool with that be. you need to redo your vows and here you go. see you tomorrow, thank you so much. >> bill: good morning. the f.b.i. under fire. special counsel john durham putting out his report four years later on the russia matter. fundamental question that durham has answered. good morning. asme owe bill hemmer. a ton to get to. >> dana: i'm dana perino. this is "america's newsroom." this is big news yesterday. years in the making. durham spent four years investigating the origins of the russia probe. final report spans more than 300 pages. the su