sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. >> greg: we are out of time. thanks to our guests. [cheering] >> todd: a fox news alert, top republican senator says the foreign national who paid then vp biden $5 million, kept 17 audio recordings of conversations with joe and hunter. we will weigh in. >> carley: san francisco business owner out $20,000 after his ice cream shop was hit by robbers twice in a single night. >> todd: that is quite a nugget and speaking of the nuggets, a

big night. >> it is over, the long wait is over. we have all the moments from the team's first ever n.b.a. championship win. you're watching "fox and friends first" on championship worthy tuesday morning. >> carley: how we doing? >> todd: doing good. >> carley: fantastic, i'm carley shimkus. more on those stories coming up later in the show, we begin with this, former president trump is set to plead not guilty on 37 charges over his handling of classified documents at mar-a-lago. >> todd: city of miami brace for thousands of protesters. here is the latest. jonathan. >> jonathan: good morning to you. things quiet outside the courthouse, but the morning is young. president trump expected to show up around 3:00 this afternoon. he gave a hint in a radio

interview about strategy. >> will you make a statement in court tomorrow? >> i doubt it, i just say not guilty, i did nothing wrong. presidential record acts, there is no criminality. it is ridiculous. they are using it as election interference to get elected. >> in a separate interview, mr. trumped he did nothing wrong, presidential record acts allows him to keep documents and negotiate with the national archive. as he arrived yesterday, a group of supporters gathered outside to offer encouragement. >> if you are going to investigate trump, you should investigate both sides, especially considering this is his right after he announced he is running for the next presidential election.

it just looks bad. what they have done to him over the last six years is disgusting. this is an attack. >> it is another -- >> there was a small group of protesters out there, some holding lock him up sign. law enforcement are increasing security at the courthouse. they have layered plans in place to deal with the crowd, whether it is 5000 or 50,000. all cell phones and electronic devices are prohibited inside the courthouse. judge writes, allowing photographs would undermine massive security arrangements in place. miami officials are optimistic things will run smoothly and they say people are experienced

with demonstrating issue but they respect law enforcement and the rule of law. back to you, guys. >> carley: live in miami, thank you. nypd commissioner sewell steps down, without giving reason. nypd sources tell the post she was fed up with having to run key policy decisions by city hall. they tied her up, no choices on her behalf. she can't promote a cop. others say there is a deputy mayor of public safety after sewell took the job, who held crime briefings without her. and wheel of fortune host pat sajack announcing retirement

after 40 years with the show. >> todd: jackie ibanez joins us with more, >> jack: pat sajack writing, this will be my last season, been a wonderful ride, i'll have more to say in the coming months. thanks to you all. he began hosting wheel of fortune back in 1981. the same year ronald reagan was inaugurated, nasa launched first space shuttle mission and mcdonald's announced the mcrib. pat has entertained millions of viewers for 40 amazing years. we're proud to have had pat as host for all these years and look forward to celebrating his outstanding career throughout this season.

sajak even had a show on fox back in 2003. >> when we see you in the halls, are we supposed to talk to you? >> as in the green room, you come up to me, hello mr. sajak, may i get you anything. is that coffee hot enough for you, sir? i'm a regular guy. i don't want you to think of me that way, i like to think of me that way. >> carley: i don't think he has aged a day. he will be a consultant for three years after he is done hosting. who can we expect to see on screen after the 41st season? that is still up in the air. perhaps todd piro. >> todd: one option, another popular option is his daughter maggie sajak. and pat has been getting cranky

with the guests. >> carley: i like the flashback of brian in 2003. a lot happened, including the mcrib. did you know that? >> todd knows all facts. >> carley: we started early on that know wo. >> todd: thank you. are you excited about this? you jumped in on the read, i didn't know you were a nuggets fan. carley shimkus's nuggets beat the heat in five games. >> it's over. at last, the long wait is over. after 47 years, denver nuggets can call themselves n.b.a. champions. >> todd: check out the crowd, a lot of people. team plans to have a parade through denver downtown on thursday. nuggets star jokic had a subdued

reaction. >> the job is done, we can go home now. >> todd: that is not the reaction i would have, he took home the m.v.p. award. carley, i have are m excited reaction when i nail a read. yes! >> carley: did you see that baby, is that his son? i put you on the spot there. >> todd: is that his child or someone else's child? congrats, 47 years. >> carley: i think that baby is not on the team. >> todd: i don't know, they are getting younger and unwhier in the n.b.a. senator grassley claims a burisma exec recorded his conversations with joe and hunter as insurance policy. matt whitaker will examine the

information piling up. >> carley: and one of the biggest malls refusing to make mortgage payment over crime. we have the details coming up.

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>> carley: fox news alert. senator grassley says the burisma executive who paid then vice president biden 5 million has audio of their conversation, keeping them as an insurance policy. >> todd: brooke singman joins

us. >> brooke: the burisma executive who allegedly paid president biden 5 million has recording of conversations with joe and hunter biden. listen. >> the foreign national who allegedly bribed joe and hunter biden allegedly has audio recordings of his conversation with them. 17 such recordings. these recordings were kept as sort of insurance policy for the foreign national in case he got into a tight spot. >> brooke: two recordings were with president biden and 15 with hunter biden. house oversight committee chairman james comer, wants devin archer to appear for deposition on friday. both information the committee reviewed and public reporting indicate mr. archer played significant role in biden

family's business deals, not limited to china, russia and ukraine, the testimony is critical to the investigation. president biden under scrutiny from articles of impeachment against him and kamala harris yesterday. telling fox news digital, joe biden repeatedly abused position of power as vice president and president to cover up elicit family business and taxpayer resources. he has violated his oath to the united states. republican from tennessee described kamala harris as -- >> todd: a lot to break down there. bring in former acting attorney general matt whitaker. matt, if verified, could these phone calls bring down joe

biden? >> good morning, todd, to your point, yes, this is explosive. so many issues surrounding this, remember what chuck grassley said. this was redacted from the document, the 1023 that was chris wray provided to the house and senate. this information, there were recordings of the president of the united states talking to a foreign national about bribes was redacted from the 1023, that is extraordinary in and of itself. the contents if true, this is a cataclysmic event. you don't have these types of recordings available and it will prove what joe biden knew and what his scheme was to abuse his

power as vice president. >> carley: what can we expect to happen today when former president trump shows up to federal court? >> it is going to be another circus, mostly created by the media. it is a simple process, ap appearance and arraignment, defendant comes into court and is processed and there is option to have the documents read to him, make sure he understands his rights, they set a trial date and schedule and usually a simple process. i've done them as defense attorney and they are never too extraordinary and plea of not guilty will be entered and the process starts, usually first process step. >> todd: the judge handling

today is not judge cannon. judge cannon will handle the matter in its entirety unless the left seems to get their way and get her kicked off the case. here is cnn talking about the judge. >> do you see a conflict of interest here? >> could there be a potential conflict of interest? there is point, she was a trump nominee, never had this before because we never had a president as a defendant. >> todd: presidents apoint all federal judges, that line of thinking seems like every federal judge cannot hear any case because they were appointed by one party or don't like the other party, it is horrible line of thinking, isn't it? >> and very dangerous line of thinking, todd.

today will be handled by magi magistrate rheinhart. each judge makes their own recusal and process and determination for what is necessary. i don't think because a president appointed you, it would require her to be recused. the left wants to slam this prosecution through and judge and jury are the only things in their way. you will hear them complaining loudly, trying to streamline what would happen in washington, d.c. >> carley: we are hearing the case will come down to the espionage act and the presidential -- law. which better applies here? >> espionage act passed in 1917 in the woodrow wilson a min

stragz and presidential records act passed after richard nixon applied it to ronald reagan. it says, all documents, all records of the administration, that is very broad statute and obviously when congress passed it, they knew the espionage act was in existence and they didn't accept national defense information. for me, that is the main issue in this case. i think president trump is right when he says he was operating under the presidential record act which required him to cooperate with the archive, to sort through what was personal and presidential records and i think that is analysis. let's be honest, presidents and former presidents are different

under the constitution. there is case that applies to richard nixon, predecessor of the presidential acts prsa, and interesting case law and may be helpful in guidance on this case. >> todd: if i'm trump's attorney, the espionage act was designed for spy. that is question i would ask the jury. clearly the answer is no. >> carley: trump is looking for are wells. >> quit practicing law, todd. matt whitaker, thank you, sir. san francisco ice cream shop robbed twice in one day. talking to the owner who says he's out $twenty,000. >> carley: and target market value down, one high profile billionaire says that doesn't matter. wait until you hear this one.

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>> janice: good morning. take a look at the weather. 64 in new york. showers move through yesterday. cooler air and area of low pressure across great lakes that will bring wet weather to portions of the midwest and northeast and then we have severe weather risk. severe thunderstorm warning in effect for the texas area up toward oklahoma, the arsklatex region. wednesday, more concentrated risk. storms as we watch them start to explode tuesday afternoon into wednesday. for some of the same areas, we have a frontal boundary in the

same region and areas of low pressure ride that frontal boundary. tomorrow enhanced risk. know what to do if there is a watch or warning and potential of heavy rain through saturday, some areas could get five to eight inches, leading to flash flooding risk. big story for texas is the heat, extreme heat getting into thursday and friday. we could break records. here is tomorrow, 100 in san antonio. 96 in houston, bump up temperatures more, 98 in dallas and 104 in midland. 105 in san antonio. houston -- factor in humidity, it will feel oppressive. heat on for the next seven days, people are urged to stay inside.

>> todd: one of san francisco largest shopping malls no longer making mortgage payments. going to be passing $558 million loan back to the lender, who will report a receiver. nordstrom announced it's va vacating. >> carley: ice cream parlor in the city hit by robbers twice in a single day. 3:30 in the morning, two thieves broke in, taking the entire cash register. a few hours later, a woman breaks in and feels her bag with merchandise, including ice cream she raked up with her hand. the owner of what's the scoop ice cream shop joins us now.

what happened the nice you were robbed and how did you feel when you found out? >> yeah, my initial feeling, it was roller coaster of emotion of anger and why would my community do something like that. i grew up in the bayview, that is my home. why and mixed emotion. >> carley: sounds like the first group broke in and a couple hours later the woman walked right in. >> she walked right in, helped herself to my devices, merchandise and ice cream, shopping ingredients and whatever else she account get her hands on. >> carley: you are out 15 to 20 thousand dollars, how will you get back on track? >> the community have helped out

a great bit. san francisco has stepped up in the community to help me recoup from the damage and merchandise, mayor london breed has been a big help with funding grants for other business owners. >> carley: you know, you're 24 years old. you are young and own your own business. tell us about yourself and why you wanted to open this ice cream shop? >> well, i grew up in the area and this is something that i have had a passion for that i wanted to bring back to the community. this community, they deserve it. there are bunch of young kids and schools in the area. i feel like an ice cream shop is perfect. there is a baseball field across the street. i wanted to bring something

back. it needed it in the area to lighten it up. >> carley: have police found the people who robbed you? >> so we're getting closer and closer. i did find one of the people because they are neighbors of mine and stay upstairs from the ice cream shop. we are getting closer and you can wellily the community has stepped up to find out who the people are. we found footage of vehicles and addresses at this point. i think we are getting close. >> carley: the community rallying around you. so unfortunate this happened. thank you for sharing your story and best of luck in the future. >> yeah, thank you. >> carley: 24 years old and owns his own business, what a rock star. two more migrant mega-shelters coming to new york as a number

of asylum seekers balloons and you won't believe the huge price tag for taxpayers. >> todd: cheryl casone has the details next.

>> i'm alex hoge an with international headlines. fox news alert. u.k. arresting man after three victims found death in the streets, just down the road,

three others were hurt after driver attempted to run them over. we'll monitor and bring you updates. 22 servicemembers wounded sunday, they are receiving care for their injuries. the cause of this incident is under investigation. rivers of gold en molten lava spewing from this philippine volcano, forcing evacuations and rescue of 10,000 farm animals. it could continue for months. back to you. >> carley: great to see you in the studio, you are in new york this week. >> i am, nice to be back on u.s. soil and back here at the fox studio headquarters and to see our lovely fox family. >> todd: this timeframe is

normal for you, you are on european time. >> barely had to change the clock to wake up. >> carley: good point. >> todd: why i'm here. >> carley: two new york city buildings transforming into mega-shelters for migrants. >> todd: cheryl casone from fox business here with more. >> cheryl: mayor eric adams has opened 170 emergency shelters in the city since migrants began to arrive from texas and florida. mayor adams is reaching, if you will, the hotels are full and the city maxed out hotels he could use. still 47,000 still in the city's care, new plan to put the two migrant mega-shelters to residential "the neighborhood" in new york city, upper west

side which was part of big controversy with the homeless shelters and hotels filled up. an activist you had on this program represents that area. this is 4.3 billion dollar bill for the city of new york to house migrants through july of 2024. look. he is crying out to the federal government, they do not seem to be listening. give work permits and strategy to deal with the migrant crisis, seem to be falling on deaf ears, which is amazing given the fact he is a democrat and president biden also a democrat. this administration not helping the city of new york, but overrunning a family "the neighborhood." there are schools everywhere in addition to homeless shelters they want to open on upper west

side. >> carley: mark cuban has interesting things to say about woke businesses. >> cheryl: yes and this surprises me, he told pittsburgh post gazette, there is a reason top 10 market cap companies in the u.s. can be considered woke. he says it is good business and went on to say he believes most ceos know the news cycle will change. i don't know if you want to talk about the ceo at target, down 15.7 billion, stock closed at $126.48. this was $74 billion company and they were done with retail crime andernaings. this is about the children's clothes line and wasn't about the pride celebration, it was items on the shelves that created online backlash against target, in being it, the tuck

swimsuit and the onesies. >> carley: that surprised me coming from mark cuban, you can support diversity without getting political. they are alienating their customers and that is not good business. >> cheryl: many say they believe in pride celebration and support the community of lgbtq. when companies specify one demographic and alienating the others, that is when the pushback came with the items. >> todd: congress got questions about the big golf merger. >> cheryl: senator bluementhal, says it is arm of the saudi government and position concerning liv golf raises questions regarding reasons for the announced agreement. he wanted the communications between liv golf and the p.g.a.

officials, that could be interesting. and senator widen, runs senate finance, and he wants to look into this. >> carley: you knew congress was going to get involved. thank you. governor gavin newsom admits california is failing to fix home lszness crisis, don't blame him for it. >> the state has not made progress in two decades relating to homelessness. housing costs are too high. >> todd: we are asking an act vist in the state what she thinks about that next. with two max-strength pain relievers, so you can rise from pain like a pro. icy hot pro. whenever you're hungry, there's a deal on the subway app. buy one footlong, get one 50% off in the subway app today. now that's a deal worth celebrating.

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>> carley: a body has been recovered from wreckage of the i-95 collapse in philadelphia. family members describe the man as nathanie l moody. he was biden the wheel of the gas tanker that led to the collapse of the overpass. pete buttigieg spoke out on the repairs. >> there is no question that each passing day you have detours, have reroutes there is substantial economic cost. we are fully prepared to help city and state authorities with

information, data and analysis to minimize the economic impact. the economic impact will be real. >> carley: pennsylvania governor says the reir pas could take a number of months. >> todd: wow. governor gavin newsom opening up about homelessness in california. >> the state has not made progress because housing costs are too high, regulatory thickets are problematic, localism is too impactful. people are pushing back gaerns new housing starts. we own this. >> todd: fighting to find safe homes, a san diego community activist. attacking localism, sounds like your governor says it is your

fault for not throwing the homeless in random homes. what is your take? >> i don't think it is the community's fault. politics, certainly in san diego, have led to this crisis. their thought, bring them off the street and put them into hotels. $160 million worth. there are better solutions, i disagree that housing costs are too high. that has nothing to do with the amount of homeless people. >> todd: your mayor wants to ban -- clean up the streets. you say this is window dressing. why? >> because it -- banning something and actual ly properl adjudicating it are two different things. if we ban it, we can put people inside. that is what it is all about.

we're talking about taking them you hava the sidewalk in san diego and moving toure on most beautiful downtown area, balboa park. banning encampments, all it does is bring more money, more money in, no money out to help the homeless. there are better solutions and i have a decent solution if anybody would listen. >> todd: i'm listening, fire away. >> sanction camping is next for people. banning encompments makes no sense. i'm a marine corps veteran, we could build home sweet home, provide them sanctions. it would be safe, secure, they would have services. if you build around them,

military can build huge infrastructure in less than three days, we could do that in san diego for a tenth of the cost that we will spend on hotels. it is a nightmare, waste of time, energy and taxpayer dollars. >> todd: the homeless industrial complex makes money off this problem with huge salaries to the executive and to your point, the homeless are still on the street not getting help they need. hope people like you bring down that industrial complex, this is taking a role on residents in every city in our country. keep it up. thank you. the white house press secretary being accused of violating the hatch act despite using hatch act to avoid answering tough questions. >> the hatch acts, i'm covered under the hatch act. i need to be careful, i'm

covered by the hatch act. i'm covered by the hatch act. >> carley: worst fear just realized, with tomi lahren. first we'll check in with brian. >> brian: we will violate the hatch act and will not press charges, except for carley. we have carli lloyd. and former president donald trump plans to plead not guilty after arriving to swell of support at his miami resort and mike pompeo reacts, saying this has happened pandora's box. two superstar groups join us, two-time world cup champion, carli lloyd. world cup superstar alexi, talk all things women's world cup on

our couch and duck family treasure stars, jase, jep, missy and jessica will talk about the new season. don't miss our jam-packed show. there is a chance we will go over for a half-hour. dana, stay in bed, we have it handled. don't miss a moment, i ask you to get dressed because summer is not here yet. fly in the animation, bring up the music. with liberty mutual, mom. they customize your car insurance so you only pay for what you need. check it out, you could save $700 dollars just by switching. ooooh, i'll look into that. let me put a reminder on my phone. save $700 dollars. pick up dad from airport? ohhhhhh. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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>> a government watchdog is accusing white house press secretary jean-pierre violating the hatch act by calling out mega republicans by the ahead of the 2022 elections. >> unfortunately we have seen maga officials who don't believe in the rule of law. they refuse to accept the results of free and fair elections. >> todd: oh the irony since

jean-pierre repeatedly recited the act avoid the questions. >> the hatch act i'm covered under the hatch act. i need to be careful. the hatch act. >> i am cold front by the hatch act which i'm happy to say over and over again because we believe in the rule of law here. i'm going to be very careful, as you know, because we are covered by the hatch act. and i'm not going to speak further to his process. >> because we are covered by the hatch act so i'm not going to speak to politics. >> as you know, we follow the hatch act here in this administration. >> todd: outkick host tomi lahren is not bound by the hatch act. she joins us now. what do you make of this selective self-enforcement by kjp of the hatch act? >> oh my goodness, a democrat is going to violate a law or a policy and there will be zero repercussions or consequences? todd, knock me over with a feather, i never could have predicted that. listen, of all of everything that karine jean-pierre has done from that podium from that

lectern from that stand, this probably is smaller in comparison to some of the other things, some of the other things she has committed from standing there, but i will also tell you, this going back to this milwmagarepublican thing fetch n anybody seen mean girls. thsay maga republicans. like it's an insult. most republicans, most conservatives are proud to be make america great again republicans and conservatives. so karine jean-pierre not only did you violate the hatch act but you did in a way meant to insult us but it really didn't. better luck next time. >> a new poll found that 80% of democratic primary voters think that president biden should debate r.f.k. jr. and marianne williamson that includes 72% of his own supporters. i have a feeling that if california governor gavin newsom got in the race, those numbers would go up even more. here is the governor on 2024 yesterday with sean hannity. watch this. >> there are people urging you

to run for president and primary him. am i wrong in my assumption. >> well, my phone has been lighting up how well he did with the u.k. prime minister. my phone lit up how well. >> that's a nice thought your phone light up. >> my phone lights one republican friends saying you know what? despite all of the rhetoric, maybe he has done a little bit job. >> but that wasn't my question. >> carley: what do you think, tomi, is he going to run? >> no doubt is he going to run. several things lead me to believe that first of all touring around red states trying to convince people in red states a lot that have actually fled from california that he is the greatest governor in america, which we know is not true. but, also, if you look at his constant jabs at ron desantis and other red state governors and particularly ron desantis on social media. that's another indication and then also i love sean hannity, i love fox news. there would be no reason for good afternoon to sit down in front of our audience unless he wanted to convince our audience

that he is a possible contender for that white house. sole folks i have got to as clearly as i can. >> gavin newsom is going to run in 2024. i believe the dnc, the democrat party is going continue to stall him that position. there is no doubt in my mind. and americans, i know that it's easy to under estimate this guy because california is such a mess, but i can't be more clear about this. do not under estimate gavin newsom. if you washed him last night with sean hannity, you know that he is slick, is he charismatic and he lies but he lies with conviction. and that's something that is very dangerous for american voters who are unfamiliar with his policies in california. so be warned i believe he is going to be the democrat nominee. >> todd: how do democrats get rid of bidenened a harris under your assumption? >> so, i think that things are going to heat up in this biden

crime family investigation. i don't think any will be see joe continually stumble and the democratic party not wanting him as their nominee, i believe they will find a way to usher him out and i believe he will find a way to get kamala harris out. >> todd: carley said it. "fox & friends" now. >> s service members are hurt following a helicopter accident in northeast syria. the cause of the incident remains under investigation. >> they call him teflon don for a reason. >> former president trump will appear in court after being indicted on federal charges. >> all these democrats that are presuming guilt, they might want to read the constitution. >> what would you bring to joe biden's presidency. >> we are moving in the right direction. >> are joe and hunter biden has hunter biden of his conversation with them. >> that's a bunch of tha