>> greg: final thought? >> july 22nd punch line in san francisco, i want every conservative in san francisco to come see me, should have 200 people there. >> greg: fantastic, you and i are doing show june 17th in atlanta. thanks to tommy, charly, lee zeldin -- love you. >> carley: fox news alert, former president donald trump will appear before a florida grand jury after being indicted on seven counts by the biden justice department over his handling of classified documents at mar-a-lago. you are watching "fox and friends first" on friday morning, i'm carley shimkus. >> hi, carley, i'm griff jenkins in washington in for todd piro. so much news. hours ago, former president telling fox news digital this is election interference at highest

level and biden administration is most corrupt in history trying to deflect by bringing this hoax case, they are not going to get away with it. >> carley: president biden is facing his own investigation into his mishandling of documents at the penn biden center and at his home in delaware. >> is this a sick joke? this guy has documents from the time he was in the u.s. senate from his time in garage. i don't want to hear from the legal analysts technicality about false statement and obstruction, this should never have been a case. willful retention of documents >> griff: here is alex. >> alexandria: the first president to face counts, seven

under the espionage act and conspiracy and false statements. trump offered this. >> our country is in decline, we're a failing nation and this is what they do. i am an innocent man, we will prove that again, seven years of proving it and here we go again, in a position to make america great again. i am innocent and we will prove that soundly and hopefully quickly. >> alexandria: former president and once-again candidate ordered to appear 3 p.m. on tuesday. here is his attorney. >> their investigation is fatally flawed from outrageous misconduct, even criminal misconduct. there is presidential record act and doj agreed with this in case involving bill clinton that the former president gets to decide what he keeps. he should work closely with

archive, they can ask him nicely. if they get mad, they have a remedy called civil suit. there is no criminal penalty for violating presidential record act. >> alexandria: republicans quick to point out that president biden's own retention of document calling the justice department's efforts biassed. >> if the president in power can jail his political opponents, which is what joe biden is trying to do, we don't have a republic anymore. joe biden has mishandled classified documents in more severe manner than donald trump. the fbi has treated joe biden very differently than they are treating donald trump. >> alexandria: house speaker kevin mccarthy wrote today is dark day for the united states of america, it is inconscionable to indict somebody running against him. biden kept documents for decades.

the weaponization is threat to free society. we have witnessed uneven application of the law, why so zealous in trump but passive about hillary or hunter. the white houses they had no advance notice of this indictment. >> carley: thank you so much. bring in former fbi director chris swecker. we don't know the specific charges because the indictment hasn't been unsealed, looks like obstruction of justice, conspiracy, illegal retention of classified documents. trump's lawyer says they are throwing everything at him, except the kitchen sink. what do you say? >> this is what i call abuse of prosecutorial discretion. there is power invested in a

prosecutor, that doesn't mean he or she brings every single case. that is not happening with ordinary crime. they may can prove one or two counts, do they want to do that? is it in the interest of justice and in the country's best justice? with hillary clinton, they passed on it. even though jim comey shouldn't have held that press conference, wasn't his call. i contend and say that is the case here. there is willfulness missing. this espionage statute and intention with presidential ord acts, there will be proof problems and it will be appealed to the supreme court. this will be three or four year case. >> griff: section 793 states

retention of information appears intended to circumvent if president trump did have the power to declassify information when he left office. what is your take on it? >> that is lasted from the language of the statute itself, it doesn't talk about classified information, it is information relating to national defense. there is another issue there as far as interpretation whether the document relates to national defense. would be better to draft around classification of documents. there are all kind of issues here that are appealable from the start. i think this case will drag on for quite a while. the thing it does, sends a message to every prosecutor across the country to use the criminal justice system as bill

barr said, as a weapon against your political opponents and that seems to be the case here, 55% of the american public think so. >> carley: bill barr was on with martha maccallum yesterday and said the issue is not that trump took the documents or held on to him, it is the fbi thinks he acted deceitfully, that is the obstruction charge. what do you think about that? >> he was negotiating with the archive and doj to get the documents back. my question is, was this done through his attorneys? if it was, how will they hold him culpable if it was negotiation through attorneys. seems to me, unless he personally moved documents around or personally squirrelled away documents and they can prove he did it willfully, there are elements of various charges

missing. >> griff: chris, lastly, in 30 seconds, there is a legal track, there is a political track, as well, what do you believe the impact will be? >> yeah, whatever you think about the former president, i think this casts him in sympathetic light and makes him a martyr. compare to hillary clinton and now the sitting president, who has had documents scattered across his residences with access to just about anybody. he says, no foul, no harm. that comparison, you can't help but make the comparison here. >> griff: former fbi assistant director, thank you for joining us today. neo-nazi, kkk, and moms for

liberty, deemed hate groups by southern poverty law center. the concerned moms have attention of 2024 candidate. >> you have the courage to actually stand up, we have the courage. if you're a hate group, count me in. >> griff: the creative way the group will spread their message. >> carley: oregon residents could be getting close to making it reality, the leader of the movement is here with an update next.

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>> carley: republican presidential candidate vivek ramaswamy holding a town hall meeting yesterday with moms for liberty after they were dubbed terrorist organization by southern poverty organization. they are on a list with the kkk, neo-nazis and militias. >> they are the radical ones, not us. >> my daughter is 18, i said, i'm going to be on tv tonight and i need to talk we've been named a hate group. they said, mom, they have you next to united skinhead nation. this is so ridiculous. >> i think we have to as adults and parents, leaders in this country, have the courage to speak what we put on that sign there, truth. you all have the courage to actually stand up, we have the courage. if you're a hate group, count me

in and we can take that as badge of honor for where we are today as a country. >> carley: moms for liberty is not letting the report slow them down, they are holding a summit in philadelphia at the end of the month. vivek ramaswamy, donald trump, ron desantis and nikki haley are expected to attend. 41% of americans approve of joe biden performance in recent days, close to lowest level of his presidency. it comes as the economy remains number one issue for americans with 22% saying, it is their top concern, trailing behind that was crime and corruption at 12% and immigration at 8%. >> griff: greater idaho just

added another county to growing list of areas that want to secede from oregon. it is amazing. 12 counties joined the movement to rejoin the map to join idaho. a spokesperson for greater idaho movement joins us for an update. matt, this began in 2020. we are here now, growing number of counties, what is the latest situation? >> we just had our 12th county in oregon, passed measure asking elected leaders to look at moving the state border to the state of idaho. >> griff: so people watching this and hearing this story for the first time say, wait a minute, why is parts of oregon wanting to secede to idaho. >> eat eastern oregon and

different from western oregon, culturally, economically, politically, they vote differently, very different culture and they want different things for their communities. what happened in oregon, because of the population base, western oregon elects certain government eastern oregonians do not want. we have come along and said, we can move the state border so eastern oregon can get governance from idaho, it would lower the tension and get each side kind of government they want, it is win/win for everybody involved. >> griff: probably financially benefit idaho. let me ask you this, how likely is this actually to come about you would have secession where democratic idahoen are rentrow

says it has no chance of advancing. it is possible, there is precedence, state borders have you have mooed. it is getting leaders to see this as solution that makes sense. we are making progress, we have counties and idaho house passing measures to talk to the state of oregon. we are getting e elected leader to move toward starting this process. this can happen as soon as elected leaders decide this solution makes sense. >> griff: fascinating movement. thank you for coming on and updating us. please keep us posted. >> will do.

>> griff: all right. you are looking at what used to be considered crown jewel hiking trail in austin, texas, now it looks like this thanks to homelessness and drug crisis. wait until you hear what the city is doing about it. >> carley: congressional republicans say they viewed a document that shows president biden was paid $5 million in exchange for policy decision, but the president doesn't seem concerned. >> nancy mace says there is evidence you sold out the country. >> where is the money? i'm joking, that is malarkey. >> carley: cheryl casone is here to follow the money, next. ♪ are my skin, thanks to skyrizi. ♪(uplifting music)♪

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>> griff: congressional republicans say they viewed an fbi document showing foreign national paid president biden 5 million in exchange for policy decisions. >> carley: cheryl casone from fox business has details. oversight committee saw the document and we have details. >> cheryl: this is exclusive reporting from fox news digital, what they are reporting about hunter biden, joe biden and of course the connection to burisma, the ukrainian oil company at the center of the controversy. the confidential human source said the burisma discussed hunter biden's role on the board and explained burisma had to pay the bidens because ukrainian prosecutor viktor shokin was investigating and explained how difficult to enter the u.s. market. what this executive was looking at u.s. oil rights and access to

a u.s. oil company. now this is a june betwe 2020 m house republicans have reviewed, this document. this is now they're coming out public with that. president biden laughed off the bribery scheme claim, watch this. >> the bribery investigation, nancy mace says there is evidence you sold out the country, do you have a response? >> where's the money? i am joking. that is malarkey. >> cheryl: this is a highly credible source, according to the fbi. this is for bank records to prove at this point. >> griff: you are right, it is getting traction in d.c. he calls it malarkey, we'll see where it goes and supreme court may deal a blow to president

biden's student loan forgiveness plan. >> cheryl: likely the white house is prepared for this to get thrown out and they will not come back with anything else. student loan plan, people are available up to $20,000, costing the $400 million dollars. i say address the root cause of this, absorb tant cost of college. >> carley: every time the student loan discussion comes up, i think about the cnbc poll that showed people that had student loan debts, how would you use the money? oh, i would love to go on vacation. taxpayer dollars paying for your vacation? i don't think so. >> cheryl: everybody that paid

for college, didn't take out loans find it offensive. >> carley: totally. speaking of school, talk about a book ban or lack there of. >> cheryl: this is the biden administration, what they want to do is apoint anti-book ban coordinator to protect the lgbtq community. the admin says this person will address the growing threat that book bans pose for civil rights of students, will provide tra training. they are citing 1500 instances of book bans and really citing republican states, texas, florida, utah and south carolina. biden administration targeting those states. the book ban is debatable topic. >> carley: without doubt.

think about moms for liberty and being called a hate group this week. the education topic is front and center on the campaign trail, to say the least. happy friday. giddy up, belmont stakes are here. this weekend, hundreds of horses will compete in the final round of the triple crown. >> griff: janice dean is live with a look at the action and concerns about air quality as events get underway. hi, janice. ♪

>> carley: some in the media appear to be celebrating former indictment of president trump announced yesterday over his handling of classified documents, even as president biden facing a similar probe. >> not arguing facts here or the law. >> it is harder for donald trump to attack a case if it is brought in florida. >> probably the most significant politically historically most histore cally important criminal case since the aaron burr case. >> carley: i remember hearing that level of hype for the russia investigation. here we go again. >> joe: we've seen this movie before and many are celebrating because ratings and checks come

back. not talking about inflation, wages, crime, the border, education, taiwan, china, russia, talking about donald trump and it takes every off the page as pertains to joe biden. it appears we have rule for t, trump, and not for b, in biden. >> carley: i like what you did there. >> joe: it is friday, be colorful. donald trump had classified documents at his home at mar-a-lago guarded by secret service. joe biden had documents in a garage by a corvette, not guarded by anybody. every person watches and says wait a minute, both presidents did basically the same thing, took classified documents except joe biden did it as vice president, as senator, which he

could not do. have equal law here. i'm sorry, this looks like political weaponization out of banana republic, which is a store and shouldn't be in this. >> carley: republican candidates are political rivals of donald trump right now because they all want to win the 2024 election. tim scott says this is political weaponization of the justice department. from ron desantis, why zealous in pursuing donald trump. and vivek ramaswamy said i will pardon trump in 2025 and restore the rule of law. mike pences it sends a terrible message to the wider world. does this strengthen donald trump's chances? >> joe: it did in new york with alvin bragg. between this and a georgia case may be coming, as well, this

will dominate the news cycle. not just now issue but into 2024 and beyond. donald trump could be made a martyr if found innocent . we're not talking about issues people at home care about and pan they feel as far as wages not keeping up with inflation. moving out of major cities because crime is rampant. test scores at 30-year low. 85% of black students can't read at proficient level they are supposed to in school? are we talking about that? we are talking about this. >> carley: there is a high school in detroit, like 75% of kids had reading level at elementary school. it is tragic when you think about the issues going on in this country. this will dominate the news cycle for a while. james comer is talking about

this, listen to what he has to say. >> james: joe biden mishandled document in more severe manner than donald trump handled classified documents. this is pattern of fbi not investigating anything with respect to biden. >> carley: we are getting word investigation into handling of classified information is nowhere near completion and hunter biden been going on for four and a half years. >> joe: this is called slow walking and will be slow walked past the 2024 election, but there is gop house now, you heard from james comer, they are pursuing this, the problem is media is barely paying attention or they mock the investigation while celebrating the indictment of trump, that is the world we live in now, it is a double standard. i like yellow, by the way, good job. >> carley: leave it on a positive. >> joe: i want to hear the

political point. >> carley: chris swecker says this will go to the supreme court and be three or four years before anything comes of the trump federal indictment. interesting to see how this plays on the campaign trail. >> joe: the damage will be done, on voting day inure 22, guess what? >> carley: this indictment came down on same day we got a lot of information about the 1023 document from the fbi and the oversight committee and looking like allegation is that the bidens took $10 million from a burisma executive. follow the money on that know wo, more to come. >> joe: it is circus comes next tuesday. happy friday. >> griff: fox weather alert, the toxic smoke from the wildfires burning across canada is making its way to south and parts of the midwest. air quality alerts issues down to the carolinas, preparing for

the yellow haze that coated the coastline. the worst is over for cities like new york and philadelphia, after heavy days of smoke, which prompted stay at home warnings. the worst air quality the city has seen since 1981. in canada, firefighters are racing to beat the blaze with 125 active wildir foos still reported. unbelievable. >> carley: janice dean is here live at the belmont stakes. good morning. >> janice: good morning. i have good news, first time in many days, our air quality index is below 100, it is at 85, which is moderate in new york city. you can see the smoke pattern starting to lift. we have air quality alerts, but on the upswing for better air

quality in next couple days. there is the smoke tracker. couple of days ago, a wall of smoke crashed into new york city, the worst air quality the city ever experienced. that area of low pressure is breaking down and we are going to see potential for showers in the forecast later this afternoon, which is going to help even more. by belmont tomorrow, when we have the big race, third leg of the triple crown, things will be spectacular, much better. air quality will be great. the race is going to happen, i know governor kathy hochul is saying wait and see, i am predicting the race will go ahead. 60 and still some smoke, but air quality is much better, especially for new york. i will tell you, there is good news on the horizon and the weather pattern in the next

couple days and weeks will be good for thisirria. that is great news, a southern shift for the air from the south as opposed to from the north. at belmont, first time fox will be covering the race, third leg of the triple crown. we will not have a triple crown winner, but the favorites are forte, who was supposed to race in the kentucky derby, he was scratched because of a bruise, that is the favorite to wen. tappit trice, with todd plecher, a and -- first time fox has hosted belmont stakes in belmont and

there is what we're dealing with the horses. nine of them will lineup and it is going to be wonderful. on "fox and friends" today, i have guests coming, including tom durkin, he has been doing races for 40 years. he retired from calling races, but he's coming back after almost 10 years out of the broadcast booth to call this race. we'll talk to him on "fox and friends." he gave me a tour last year in saratoga. i'm so happy we can be outside again, the kids will be excited. i'm happy for that news on a friday. >> griff: before we run out of time, you're a veteran of the belmont stakes, i agreed to anchor to get prediction on who to bet on. who is going to win this?

>> janice: national treasure won the preakness and was out front for all of the race, i put my money on national treasure, even though forte is winner to win. >> carley: you look so chic in the updo with the hat, loving it. >> janice: christine moore designs these beautiful hats that i broadcast from, i thank you. >> carley: fabulous. >> griff: thank you, national treasure is where my money will go. we'll tune in and watch it. thanks, great coverage. watch belmont stakes tomorrow 4 p.m. eastern on fox and catch janice all morning long, good stuff coming up on "fox and friends." >> carley: also on "fox and friends," all american summer

concert series continues today with grammy award winning colby cailet. will debut "worth it," come out and watch the live performance from the "fox and friends" studio. it will be a lot of fun. did you see this? >> every time it is the same, they tell us we can't stop massacres and thoughts and prayers are the best we can do. i'm here to say that's a lie. >> griff: california governor gavin newsom pushing amendment to constitution that strips your gun rights. we're talking to knowa expert who says congress needs to stick to its guns. stay with us.

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>> carley: a popular hiking trail in austin, texas is overtaken by homeless camps.

residents on twitter baffled. one person saying, it is destroyed, will never be the same, the worst encampment in austin. this is immense. critics say local leaders have failed taxpayers issue estimating 5000 people are homeless in austin. >> griff: this story is something else. california governor gavin newsom proposing 28th constitutional amendment to strip your gun rights. >> give states ability to enact common sense gun safety laws and nra-owned politicians can never strip protections away. >> griff: it would raise minimum age to purchase a gun to 21, force universal background checks, and ban civilian purchase of assault weapons.

>> carley: here is john lott jr. what do you think about all of this? >> kind of strange california given record on mass public shootings is somehow offering advice for the rest of the country. by most measure, california has strictest gun control laws in the country. if you compare california to other states or states like texas, for example, look at period from 2000 on or 2010 on or 2020 on, california has higher rate of mass public shootings than the rest of the country. >> griff: national rifle association says, gavin newsom's unhinged contempt has no browns, beacon for violence because of

abrasive policies that champion the criminal and penalize the law abiding. majority of americans reject his california-style gun control. let's talk about the national impact. look, if people forgot how this works, you need two-thirds of all states to convene constitutional convention, that is how it works. at the convention, three quarters of the states would have to approve. is this just a stunt or does it have a chance of happening? >> i don't see any way it would pass, democrats control 17 states, far short of the 38 they need in order to ratify an amendment. and they don't have two-thirds in the house and senate willing to vote for something like this. i don't see how it can get close to it. the problem is that these types of rules he wants to have, some

may sound good, but be counter productive. california had problems with mass public shootings, in part, because of strict gun control law that prevent people from being able to stop these types of attacks. look at something like raising the age to 21. the argument brought forward, you have crimes committed by 18, 19 and 20 year olds and that is true. the problem is, this change will not stop gang members frommy baing guns. what will stop is people can pas a background check. while 18 and 19 and 20 year olds, may have high rates of committing crimes, 18, 19 and 20 year olds who can pass criminal background checks.

>> griff: all right, john lott jr., thank you, have a good weekend. >> thank you. >> griff: to fox news alert, former president trump due in miami courtroom on tuesday after being indicted on seven counts related to his handling of classified documents. >> carley: florida governor ashley moody is on deck, she's next. a paradise for parents. lomita feed, current caretaker and owner. we did not know anything about the employee retention credit. that is a legitimate tax credit. so innovation refunds has really helped guide me through the process. just had to get a few ** for what they did.

>> carley: a fox news alert. former president trump is due in a miami courtroom on tuesday after being indicted on at least seven federal counts related to his handling of classified documents at mar-a-lago. >> our country is in decline. we're a failing nation. and this is what they do. i'm an innocent man. we will prove that again. seven years of proving it, and here we go again. we're in a position where we are going to make america great

again. i'm innocent and we will prove that very, very soundly and hopefully very quickly. >> griff: florida's attorney general ashley moody joining us now. thank you. we have a big court date coming tuesday when the former president will be arraigned in miami. your reaction to this news? >> my reaction is the same as every other american, maybe heightened in the sense that i was a former federal prosecutor and the announcement or the news that broke yesterday, i should say, we can't credit garland with any type of announcement, which i think is an incredible mistake. it shatters the appearance of integrity, the apolitical nature, equal application of the rule of law in this nation. that is what we are founded on. that is a pillar of a government by the people and it is shocking that this is coming.

a nation as great as ours, that has a history of fairness within our institutions. sad day for americans. those of us who have served in the government as prosecutors, i think we're waking up in disbelief in morning. >> carley: great to have you on a day like today. this is unfold in your home state of florida. the special counsel was aberrantly going back and forth between indicting trump either and they chose florida because. that's where mar-a-lago is. so, how will that venue impact this case? >> well, legally they needed to do that in south florida to withstand any challenges on jurisdiction. but, make no mistake, these are lawyers from fbi out -- lawyers out of fbi -- investigators with the fbi, i'm sorry, lawyers out of washington that are going to come down and do this prosecution. this is not going to be fully staffed from lawyers within the

field office down in south florida, so, again, you have fbi field agents around this nation that want so much for the credibility of the fbi and field lawyers at doj to be rehabilitated. so that folks have a trust in these institutions again. again, that is fundamental for a nation. >> griff: sure is. >> like ours. the news broke and for everyone, i think it felt less like the fair application of law and more like a recent installment of game of thrones. merrick garland campaign manager for joe biden at this point. >> griff: well, and just 20 seconds that we have left, do you believe this indictment was politically motivated? >> i think in order to make sure the american people understand that or we have any hope of making sure the american people know that's not the case, we need to have an indictment that fully lays out and speaks to

what they have. they have blown the chance to explain this to the american people that would show that this is unbiased. look, i think the american people are justified in being suspicious and demanding the fair application of the law. >> carley: attorney general more to come on this with "fox & friends." thank you so much. it starts right now. ♪ >> our country is in decline. >> donald trump told his millions of followers on truth social that he was going to be indicted. >> is this some kind of sick joke on the american people. >> i'm an innocent man. we will prove that again. >> where's the money? that's a bunch of that larky. >> joe biden and hunter biden were paid $10 million in bribes by ukraine. >> the prosecutor is not fired you're not getting the money. >> there is corroboration of a big guy being involved here. >> i'm proposing a 28th amendment. >> gavin newsom, he is taking aim at the constitution. >> outright ban on the assault rifle. >> he is