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[applause] >> thank you. [applause] >> ainsley: what a great song, you are so talented. we love having you here. thank you for giving up your friday morning to us. thank you to your band members and you are going to go play with gavin mcgraw. >> brian: this is sudden, do you want to be our house band? >> i would love to. this is great. >> ainsley: super early, alarm goes off at 3 a.m. >> ainsley: you have the rest of your day. >> brian: fantastic. >> steve: we are doing this indoors because of the air quality in new york city. >> ainsley: actually gotten better. it's better. >> steve: ladies and gentlemen,

thanks for showing up today, it's good to have you. >> brian: if we had a bigger budget, they would have chairs. we do not have chairs. sean hannity has chairs. >> ainsley: here in the "gutfeld!" studio, too. >> steve: we will have more songs. >> ainsley: they have a song that dropped today, "pretend" and in september "along the way." they support fox, y'all love fox, go download the music and make her some money. fox news alert, you know what we're going to start with. former president donald trump 2024 gop front-runner speaking out afterlearning he's been indicting, this time on seven criminal charges. >> steve: never happened in american before. it is related to classified

documents found at mar-a-lago. >> brian: peter doocy joins us. peter. >> peter: one theory coming from jonathan turley that donald trump can run on platform of pardoning himself. maybe he will, maybe he won't. for now, he just sounds mad. >> it is election interference at the highest level. never been anything like this happen, i'm an innocent man and person thchl is war fare for the law and we can't let it happen. our country is going to hell and they come after donald trump weaponizing the justice department, weaponizing the fbi. >> peter: isn't publicly saying anything about this, only reason we know about the summons, trump told us potential charges include one count under the espionage act, falsification of

records and conspiracy and false statements. nothing about possessing classified material, which makes this different from the biden and pence cases. it is not having this information, it is what you are doing with it. first draft of trump defense sounds like this. >> there is no reason in god's green earth that anyone should trust the information bubbling up from the special counsel's office to the attorney general. we have uncovered significant misconduct, there are defenses that are fantastic. this entire thing is not in a criminal setting. it is statutory scheme that has no criminal penalty. the idea you can be doing armed raids and criminal jury subpoenas is ludicrous. >> peter: we understand president trump is at his house in new jersey right now and he says this summons has him

requested at the federal courthouse in miami on tuesday at 3 p.m. and these are serious charges. we outline potentials, some would carry jail time for him. back to you. >> brian: i understand mike pence has been in the clear. any word on when joe biden will find out his fate with the classified documents in the different locations? >> peter: no, it's been very quiet for the last couple months with the biden investigation. >> ainsley: why is that? why haven't we heard anything about joe biden? >> peter: i think it is because the biden team doesn't talk about it very much. trump talks about this all the time. he talks about the trump probe and the biden probe. same thing as when there was a search warrant at mar-a-lago. we found out because trump tried to get ahead of it and he put the word out and he's talked

about it a lot since. the big difference between the two special counsel probes, special counsels have the same instructions from the justice department. presumably, they have the same rubric of things they can and cannot do. but trump made a decision, he thinks it benefits him and his reelection to talk about this. biden has made a decision, they don't think it is good for him to talk about this. and that is why, i think, ainsley. >> steve: important distinction. peter, thank you. trump side has been talking about it. bring in trump senior advisor cash patel. good morning. this case boils down to, it is not about having the documents. it is what happened after the national archives asked for the documents back and they didn't

get all of them and there is search warrant executed and there is suggestion things were moved, collusion, obstruction, all sorts of stuff. >> to me as former federal public defender, it is simpler than that. it is what charnls have they levied based on what laws? they are posing the espionage act versus the -- it doesn't matter if president trump is recipient of those as president of the united states when he left the white house. it is a simple matter. i would like to talk about the lawyers on jack smith's special team. jack smith spearheaded bob mcdonald case. >> brian: governor of virginia. >> and karen gilbert, one of the most corrupt prosecutors in the southern district of miami.

>> brian: jack smith, we heard about the investigation, it was public who he was bringing in. why did he choose to go so public with what he's doing. why do we get leaks out of his camp? >> same playbook the fbi and doj have run, russia gate impeachment 1, impeachment 2, if it favors a story, they leak the information, whether classified or not. what they don't leak are actions of corruption by the prosecutors bringing this case. let me give you an example. the lead prosecutor, karen gilbert, likely to be the trial attorney in southern district of florida, was so reprimanded that she had to retire from her position ander years later promoted upward at doj and now you find and don't believe me, go to the case in 2009 in the southern district of florida and look up karen gilbert.

this is, she is the likesman to jack smith and been pulling the reigns on this investigation and called one of the most corrupt people. she wiretapped the defense lawyer's investigative office to eavesdrop on the conversation between a defense attorney and the investigator and before she got slap by the courts, she resigned from her position. this person is leading this prosecution. >> ainsley: have you talked to president trump? have you asked him if it was worth it? why take the documents and when found to have them in your possession, just give them back. there was a letter from obama, a birthday menu, not part of the classified portion, cocktail napkin, letter from kim jong-un, you listed others. is it worth it? democrats and krepublicans woul agree, you shouldn't be behind bars for this.

if that were the case, biden could go to jail, so could president trump, is it worth it? why not just give this stuff back? >> to me, maybe i'm old school. it is worth it. president trump abided by the rule of law, whether he took a cocktail napkin, or documents, president trump and others should be treated no differently. it is on display here and it is worth it when i believe donald trump is exonerated. whether he took it or not is not the question to me, it is why they are prosecuting him when they don't have a legal justification to do so. >> brian: the jury makeup of miami miami, you know miami, better shot at fair trial there than in new york city and washington, where he might be facing the january 6 charge? >> sure. of course. miami is a little better than

washington, d.c. and new york, but pretextual forum shopping operation by u.s. attorneys and special counsel office. i think this will backfire depending on the judge this lands in. presidential record act and espionage act and if you want to charge him with obstruction of justice, he has to commit a legality. this may go to the judge and appellate court before it gets to the jury and i think the doj may have bought off more than it can chew, this case down to the southern district of miami. >> steve: we had jim trusty on and he was talking about how much time working on case like this is. former president facing these charges which will be unsealed on tuesday, potential case in

georgia, potential case with jack smith and january six and other stuff, does the former president have time to run for president and defend himself? sounds like this is happening in the next year. >> i think so and will give you example as former chief of staff of dod for him. i've seen him operate hostage operations, secure the southern border, order us to deploy dod, take out ccp fentanyl flow. that was one day for me in the white house. yes, i think president trump of all people can do both this campaign and effectively show the two-tier system of justice is targeting him and anyone supporting him next. i think he is the only one. >> steve: multi task. kash, thank you for joining us today. >> ainsley: carley is upstairs with headlines. >> carley: update on story we've

been following. joran van der sloot, main suspect in natalee holloway's disappearance is set to be arraigned in just hours. he was extradited from peru to alabama yesterday. he faces extortion and wiretapping charges for allegedly saying he would exchange natalee holloway's whereabouts in exchange for money. a judge declared the alabama teen legally dead in 2012. to the crisis at our southern border. texas deploying new tool to prevent migrants from crossing the rio grande. inflatable border barrier being installed, first 1000-foot section being put up near eagle pass. abbott signing package of six border security bills to hold the line following the

expiration of title 42. and bud light is no longer america's favorite beer. that title belongs to modelo especiale. sales increasing 15% in may as modelo sales surge, bud light is in a tailspin. anheuser-busch reveal sales have dropped 22% since last year following partnership with trans influencer dylan mulvaney. good time to be any beer brand, guys, other than bud light. >> steve: i will share this. after i played pickleball last saturday, my friend tom opened a cooler and there were half a dozen modelo lights. they are delicious. >> ainsley: the little glass bottles are adorable. >> brian: i go to places and they do not have corona, and

they ask if i do nwant modelo. >> brian: corona is not all the way filled. >> steve: maybe need room for the lime. >> ainsley: you got the lime and the coconut. >> steve: gavin, good to have you like a windmill. >> ainsley: i will leave the singing to colbie. >> ainsley: handling of classified documents, geraldo rivera will join us next, host of "the five." ay usa we have a noble purpose. >> brian: he likes you best. >> ainsley: the lime and the coconut. for the individual service person. we want to be known

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>> steve: fox news alert. if you're just waking up, former president donald trump will appear in federal court on tuesday to surrender, yesterday he was indicted for a second time. the republican front-runner facing seven criminal counts related, we believe, to the documents found in mar-a-lago. here to react is geraldo rivera. >> geraldo: good morning. >> steve: you have known him for a long time, he finds himself in great legal peril because he did not turn it over. why didn't he just give the stuff back. >> geraldo: indeed, it was dumb, arrogant and borderline illegal, not basis for seven-count indictment of the former president of the united states

for the first time in the history of our republic. like you didn't give your library book back, you send in the cops to comply with return to the national archive, it is pretoft rus and i'm very upset about it. it is attempt, whether conscious or unconscious to affect the election of 2024. it will not affect his standing, he may be running for president as indicted or convicted person. nothing in the constitution of the united states bars a person under indictment or federal convict from running for president. >> steve: one thing it has impacted, he is fundraising off of it. talks about rigged and witch hunt. when you look, it is a document case, started with the documents and the question is, will he be charged with having the documents or because joe biden had documents, as well, will

they say, let's not go after him on having them, let's go after them on what he did with them after we asked for them. >> potential obstruction, he was asked for them and kicked them under the table where no one could see them, i grant you that. you come back to the same point, how serious is this matter? does it really, did it justify the midnight raid you would have had if it was al pacone, which i know well. to have that elaborate multi-vehicle helicopters and drones and machine guns to get the documents out of mar-a-lago was overdone and it just feeds the notion that the current justice department is out to get president trump, even though special counsel is independent,

and there is this feeling, this unsettled feeling that trying to rig the election. >> i believe if you want to beat donald trump, beat him at the ballot box, not with the case of new york county district attorney 34 counts on stormy daniels. you can't beat him on library book that was overdue. >> steve: sure. there are between biden and his documents and trump and his documents, people talking about, why is it taking four and a half years for the hunter biden thing? looks like the department of justice is slow walking that. would you be surprised in next week or two, or month or two, hunter biden gets indicted for something related to taxes? >> geraldo: he may be, peoep anticipating hunter biden's indictment have been wrong for four or five years, put up or

shut up, what have you proven about hunter biden, other than he's a pervert. i may be wrong on that. the president is in the fight of his life, president trump. >> steve: does he get nominated next summer? >> geraldo: i believe so, i believe biden and people will have a shot at voting. >> steve: great to have you, thank you very much. we'll step aside, coming up, hold your horses, the 155th running of the belmont is tomorrow and janice dean is in the announcer's booth, coming up next live from belmont. ♪ we know patients are more than their disease. that's why, at novo nordisk, we've spent a hundred years developing treatments to help unlock humanity's full potential. these are the greats: people living with, thriving with — not held back by — disease.

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>> ainsley: 155th running of the belmont stakes is tomorrow. first time ever, fox will host this historic race. who are the top picks or the dark horses to win? ask janice dean, joined my sportscaster specializing in thoroughbred horse racing tom

durkin. good morning. >> janice: good morning, tom durkin unretired. when did they knock on the door? >> last year at the belmont. what? i'm retired, i don't want to do this. >> janice: fox sports said, we want you back. almost 10 years since you called your last race. how long before? >> 42. >> janice: my goodness. is it like getting back on the horse again? >> i'm allergic to horses, i don't think i have been on one. it is like falling off a bike. >> janice: how do you prepare for it? >> i just jam all sorts of phrases. i have a book of phrases that is about that thick. takes me four hours to read it, different words you can say

during a horse race and look at tapes of the horses and their styles and i have to memorize colors of the silks. i'm not exactly vemere there with my art -- >> janice: that is okay, as long as you know it. >> that is the key. >> janice: what are you looking for in the race tomorrow? >> i've got to have my eye on a couple runners, teppit trice, long-striding horse. they want to keep him on the outside to stretch long legs, if he's cramped up, no good for him. one horse that comes from way out and red route one, he will be fun to call. who is going to the front? national treasure maybe. arc angelou, maybe. we'll see.

>> janice: famous races you have called you remember the best? >> my last one. that was the best. >> janice: this might be the one coming up. >> this could be my last one. >> janice: no, stop. the smoke, it is exciting this race is going to happen. >> yeah, looked like the set of dystopian movie, it was clearing up good. >> janice: this is a small place, but you love it, just you and the horse track. >> every now and then i get a blond visitor and that is being00. other than that, stay away. >> janice: ainsley, you can come in the booth, you are also blond. >> ainsley: looking at the horses, tappit shoes and tappit trice. >> janice: same sire, right?

>> but there are six other horses and tappit was their grandfather. >> janice: there you go. one to bet on. >> ainsley: purse is a lot, 1.5 in 2022. what horse are we going for? >> carley: national treasure, that is what janice said to do. go for that one. headlines starting with this image on the screen here. popular hiking trail in austin, texas is completely overtaken by homeless camps, video shows violet trail covered in needles, human waist and garbage as calls for the city's crown jewel to be cleaned up. critics say local leaders have failed taxpayers. nearly 5000 people are homeless in austin. to stunning footage showing a freight train plowing into a semitruck stuck at a crossing,

watch this. [train sounds] >> carley: the sheriff's office says no one was hurt, thank god. the truck driver was able to get out just minutes before the violent collision. louisiana passing a bill keeping minors frommin zooing up for social media and multi player video games without parent permission. it is in the hand of democratic governor, signed third-party software would be used to get parental consent before children can set up an account. >> ainsley: pass that in new york before our kids start. >> carley: it's a concern. >> ainsley: coming up former federal prosecutor bret tolman will join us. first here is colby caillat with

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>> brian: the justice department indicting former president donald trump after his handling of classified documents after he left office. trump responding on truth social last night. >> just like the russia, russia, russia hoax and all of the others, going on for seven years, they can't stop because it is election interference at the highest level. never been anything like what has happened. i'm an innocent man. >> brian: seven charges, we

don't know details, we can speculate. joining us on brett tolman. did the department of justice do the right thing indicting the former president? >> thank you for having me on, first and foremost, you are hearing a lot on the media and no one is above the law and it harkens back to the first day i walked in and saw a plaque on the wall that says hallmark of fairness and administration of justice is consistency. we're sitting there saying no one should be above the law, we are watching individuals above the law. you have hillary clinton, biden, pence, all possessed classified documents. you have retiree prosecuted by doj sentenced to three years for possession of classified documents in his home. it is inconsistency and we're

seeing it play out. >> brian: we know who was asked to testify, the tool boy is in there and staffers and we don't know anything going on with thousands of pages of biden documents. how can you have two special prosecutors and two different approaches? >> when you are drench by vindictiveness, you will try to justify a decision you will make that will seem inconsistent and political. you have garland bitter and angry in that position after what happened to him and his nomination, embattled with pressure from the biden corruption and we hear nothing about that investigation, but we hear everything about anything related to the trump investigation. for those been in the department of justice, we watch it saying, it is not the same department of justice, not the same and needs to be cleaned out. >> brian: fbi, too. "wall street journal" has a story, when it comes to student

loans and a lot of people have had student loan on hiatus, wave millions of dollars owed and supreme court will rule and they are expecting them to say it was overreach to claim people could have student loan relief. it is not fair. what do you think they could be up to to counter supreme court decision? >> they don't care whether or not something they order is legal. that analysis is gone, they care more about optics of doing it and let the chips fall and let the court sort it out. that never used to happen. >> brian: 400 billion, a lot of money for a lot of people that paid off their loans, they say it is unfair. >> thank you so much. we will use you again. carley with the latest breaking news. start in san francisco. >> carley: san francisco is

where real estate analysts are warning 30 hotels could stop paying back loans that are due. major hotel chain announced it will default on debt totaling $725, that move comes as san francisco tourism industry is rocked by crime, drugs and homelessness. 21 teens hurt after boardwalk bridge collapses in surfside beach, texas. wooden planks gave way as students with a church group huddled for a photo. five kids were airlifted to the hospital, none of the injuries are life-threatening. women's world cup trophy unveiled in australia and ticket sales passing the 1 million mark. that is more know that the total number sold for 2019, the 2019 women's world cup in france and familiar face covering the big event on fox and fox sports 1,

world cup champion carli lloyd will be working as studio analyst. the women's world cup kicks off on the 20th. i met carli, she was so nice. >> brian: are you for this hire? >> carley: yes, i am pro-carli lloyd. >> brian: me, too. stay here, colby caillat performs her new single live on "fox and friends." first to bill hemmer, who will tell us what is happening on his show. >> bill: meloaduous. stand by for the latest coming up here. members of congress have seen the fbi paperwork and a bribe for joe biden. and joran van der sloot goes before a judge today, will there be visit?

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>> ainsley: it is time for the

all-american concert series brought to you by lowe's. >> steve: that's right, here to perform "worth it," is colbie caillat. >> brian: take it away. ♪ ♪ ♪ somewhere along the way, lovers drifted apart and even though i didn't stay, you have a place in my heart. i know it wasn't perfect. but loving you was worth it.

a sweetness in memories, even after all the hurting. even after all the long nights, not quiet, knowing if it felt rights. i wouldn't change a thing. i know it wasn't perfect, but loving you was worth it. you'll always be someone. and never will regret ever touch and every kiss or the times you don't forget. i can't put my finger on it, the reason it didn't work, we didn't do anything wrong, if i just do it. ♪ i know it wasn't perfect. loving you was worth it. sweetness in memories, even after all the hurting. even after all the long nights, knowing if it felt right. i wouldn't change a thing.

i know it wasn't perfect. loving you was worth it. ♪ loving you was easy, loving you was nice, one side of a lie. leaving was heartbreak, close another door. blame us for wanting something more. it wasn't just me i did it for. ♪ i know it wasn't perfect. loving you was worth it. the sweetness in the memories, even after all the hurting. even after all the long nights, not quiet, knowing if it felt right. i wouldn't change a thing. i know it wasn't perfect. but loving you was worth it. whoo, whoo, whoo. no, no, no. no, no, no, no, no.

i know it wasn't perfect. no. ♪ i know it wasn't perfect. loving you was worth it. >> thank you so much. lowe's knows you never come in for just one thing. so we've got to know a lot of things about a lot of things. like which mower makes the cut. the mulch that finishes the look. and picking a color that pops. you got this. we got you. trying to control my asthma felt anything but normal. ♪ ♪ enough was enough. i talked to an asthma specialist

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[applause] >> sometimes artists when you see them live they're different. you are better in person than even -- how do you feel?

>> sometimes tv can be stressful. i've had a great time. >> sorry we had to move you inside. we have the fine folks inside. [applause] >> we'll be back outside next week. if people -- you've been exposed to a lot of people who hadn't heard your music before. best place to find out more and find where they can download your music would be? >> colbie caillat.com. >> how long have you been together? >> most of us for many, many years, will since the very beginning. >> he is the one we talk to for the good stories. >> you all do such a good job. it's great. >> he is married to a lady named angel and they are having twin boys. i hope that's public.

it is now. >> we should point out her new single "worth it" and "pretend" are available and you can order her new album "along the way" today. >> thank you. >> watch his show on saturday. >> have a great weekend. >> happy friday. >> bill: nice, good show. good morning, everybody. two tears of justice is the retrain on behalf of republicans. this is donald trump becomes the first former president indicted by the government that he used to run. wow. good morning, everybody. dana has the day off today. i'm bill hemmer. good morning at home. hello partner. nice to see you. >> sandra: nice to breathe more freely here this morning. it is good to be with you, bill. i'm sandra smith and the thi