>> we're done. we're out of time. thanks >> greg: we're done. we're out of time. thanks to our guests and studio audience. i love you, america. [applause] ♪ ♪ put me in coach, i'm ready to play. today, look at me, i can be center field. >> todd: you are watching "fox and friends first" on wednesday morning. that begs the question, at some point, will somebody put in carley shimkus when she says, coach, put me in.

>> carley: good morning, i'm carley shimkus live at nationals park in washington ahead of the congressional baseball game tonight. i'm so glad to be back, i love covering this event. i've done it a few years in a row. it is all about unity and bipartisanship. friendly competition between republicans and democrats, been going on since 1909. i just found out record number of tickets were sold and the money goes to charity. >> todd: awesome to see them doing something other than beating each other up. this is for a good cause. you cover two main stories out in the field. oil stories and baseball storiless and today is the latter. >> carley: i cover a lot of oil and gas stories and sports. yeah, my beats are quite

interesting. i love to do it. everybody can watch the game. it is going to start at 7:00 eastern time on fox sports 1. we'll cover it live. tune in for that. there is going to be display of bipartisanship on capitol hill later today at national stadium. in florida yesterday in miami, not so unified there. start with news coverage with fox news alert. former president donald trump tearing into president biden and the justice department hours after entering not guilty plea in federal court. >> todd: jonathan is live outside the courthouse in miami. jonathan. >> jonathan: good morning, todd and recall cay. former president trump struck a defiant tone, accusing biden administration of orchestrating the indictment to interfere with the upcoming 2024 presidential election.

listen. >> today we witnessed most heinous abuse in our history, most corrupt sitting president had his top political opponent arrested on -- would be guilty in the middle of a presidential election in which he is losing very badly. >> jonathan: mr. trump delivered his speech from his golf club in new jersey, facility followed by a private fundraising event, which was expected to raise $2 million. this was just hours after the former president pleaded not guilty to 37 counts related to mishandling of white house documents that he brought with him to his mar-a-lago estate in florida after leaving office.

walton otto also appeared, he did not enter a plea, he has not obtained an attorney. police reported no major incidents. trial date and location yet to be set. an attorney who represented the former president in new york earlier this year, spoke about the federal case here in florida. >> it is unconscionable for a president to indict his leading political opponent. how could they look so ridiculous to go indict same thing that president biden might have done. this is not a case, espionage does not apply at the end of the day. >> jonathan: and president biden and top officials have remained silent on the indictment.

politico said they have -- national democrats to do the same so as not to cause any perception that the president is trying to meddle with the legal process when it comes. jill biden appeared to deviate from this during a fundraiser in manhattan. she said she was surprised how many republicans continue to support mr. trump, despite the indictment. back to you guys. >> carley: wow, interesting comments coming from her. thank you. with that, bring in constitutional attorney and former member of president trump's transition team, mark smith. good morning to you. it being looed like the president was in good spirits. he stopped at a cuban restaurant and bought food for everybody inside. he is facing 37 charges and some

hold 20-year prison sentences, which means his team can't lose a single count. >> yes, keep in mind, yesterday is as good as it is going to get. going forward, this case will not be tried in the press, it will be tried in court. they can go on the offense. they will laser focus on what are the 34 documents that according to the document concern or relate to national security of defense. it was fuzzily pled in the indictment. they want to laser focus on what are the documents and why are they so sensitive, especially given the fact they got the documents back. president no longer has these documents. if the documents are so

sensitive, why is department of justice willing to go into the court in miami, if they are sensitive to national security. these arguments the gel raised by president trump's team. >> todd: i see four main, intent, we do not have intent by donald trump. you can't obstruct investigation into noncrime. obstruction is one charge, that is good defense. there is clinton sock drawer case, penned by very anti-trump judge who now trump can use that in her face and throw it in her face. and the presidential record act is not criminal. out of thosure fo, which do you think is donald trump's best defense? >> the best defense president trump is united states constitution, because article

two made him the commander-in-chief, that makes him better off than mike pence or joe biden as vice president or others because he was the actual commander-in-chief, which gave him the power to decide what is classified or not, that puts him in a special position. clinton sock drawer case speaks to that, it said the president has final say what constitutes a presidential record or doesn't. that is important precedence. constitution itself empowers the president unlike anyone else in the country and major reason why he's legally special here. >> carley: one of the president's attorneys spoke outside the courthouse yesterday and says he remains defiant. he said if convicted, he will run for president, he told politico, i'm not going

anywhere. mark smith, thank you, we appreciate it. >> thank you. >> carley: today the house homeland security committee will hold first hearing into dhs secretary alejandro mayorkas dereliction of duty at southern border and house republicans are floating impeachment proceedings. >> secretary mayorkas, are you proud of the job you have done at the border? republicans say your handling has done dereliction of duty. do you agree with that? do you feel like president biden has given you resources you need to secure the border? are you worried about impeachment? >> carley: mayorkas is accused of failing the american people as migrants continue to pour into our country with no end in sight. >> todd: let's go to hockey in

vegas, golden knights are stanley cup champs after beating the panthers last night. mark stone scored a hat trick in last night's series clencher. [cheering] >> as a hockey fan, that has to be the coolest feeling to hoist that cup. as far as the panthers, cinderella run ends in hart heartbreak. speaking of pain, team's top defenseman playing through a broken foot, two shoulder dislocations and torn oblique. they make hockey players differently, that is toughness there. congrats to the golden knights.

>> todd: and the p.g.a. ceo is taking a leave, what this is all about. >> carley: and the bureau handling of the biden family investigation, we have the testy exchange and president's response to the allegations against him. this is an area i will not get into. >> i understand you don't want to, that is why the people are mad at the fbi, you are stonewalling and covering up serious allegations of evidence of corruption. how do we decide what hotel to book? (yelping) fear not, i got you. choice hotels has a hotel for every type of stay. like a comfort with the kiddos. spacious! that's what they all say. stay twice and get a $50 gift card when you book direct at choicehotels.com.

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advanced security isn't just possible. it's happening. get started with fast speeds and advanced security for $49.99 a month for 12 months. plus ask how to get up to a $750 prepaid card with qualifying internet. >> carley: senator ted cruz discussing the bureau's handling of the 5 million bribery scheme. >> is it true the fbi has a report making those allegations? >> i will not comment, senator. >> why is that? >> i'm not going to comment on information received. >> your own obligation to the american people to be about the president of the united states. >> this is an area i will not gets into, senator. >> i understand you don't want to, that is why people are mad,

you are stonewalling and covering up serious allegations of corruption. >> todd: brooke singman has more on this. >> brooke: fbi deputy director facing scrutiny about the burisma executive who claims he gave president biden 5 million dollars. they say there are two audio recordings of a conversation with joe biden and 15 with his son hunter. scalise promised toic mathe recordings public. we will press to get everything out and keep digging. president biden was asked about the allegations yesterday, appearing to smile when walking away from the "new york post" reporter who asked this. >> are there tapes you accepted bribes president biden, is that true? >> brooke: house oversight committee subpoenaed that

document from the fbi detailing bribery allegations against president biden. the fbi did not technically comply with that subpoena, but brought it to capitol hill hill to review in a secure setting. >> todd: the questioning came back to one basic question, does the fbi work for the american people or for the biden family? basically what we're seeing right now leads me to believe the latter and that is not the way it is supposed to be. >> brooke: definitely isn't. fbi interviewed this confidential human source explaining conversations with top executive from burisma holdings. that burisma executive made claims he paid then vice president biden 5 million, 5 million to hunter. the fbi had these allegations in their possession for three

years. what senator chuck grassley is looking for and chairman james comer is looking for is this document to provide transparency to the american people and they want to know what the fbi has been doing, did they look into them, did they investigate them? we don't know. >> todd: the president says this is malarkey, the mainst meed mea says okay. >> todd: and suing the city over infamous chop zone. so is the 2020 summer of love coming back to bite the blue city? david webb live with his reaction.

>> carley: back with a fox weather alert. texas getting pelted with hail in multi-day weather threat crawling across the southeast and expected to churn tornados across the region. baseball-sized hail falling in texas yesterday. this is same wild pattern that brought severe storms and major flooding to the streets of colorado earlier this week. look at people in boulder, wading through knee-deep water leaving their homes.

>> todd: janice dean has the forecast. >> janice: severe weather in arkansas, we have potential for hail, damaging wind, tornados, lightning and heavy rainfall causing flash flooding. severe thunderstorm watch in effect for oklahoma through arkansas, down toward louisiana until 6:00 a.m. that is probably going to be extended. you see the setup, strong jetstream and moisture from the gulf of mexico. severe storm threat significant for areas, including louisiana, mississippi, alabama, toward florida and the southeast and when you see that significant region, all ingredients come together for possibility of severe weather outbreak, including tornados, strong, deadly tornados and flash flooding risk for some areas, five to eight inches through

friday, will lead to flash flooding. tomorrow, not as significant, we will see risk for stronger storms for the plain states toward florida. make mention air quality yet again, smoke from canada from the north, unhealthy for parts of upper midwest and great lakes, tuesday through thursday. we are tracking this through the next couple days. wildfire season has begun across canada and parts of the u.s. and heat alert for texas. temperatures over 100 degrees. take precaution and stay inside. todd and carley, over to you. >> todd: pro black lives matter ice cream chain is suing seattle over damage from the 2020 blm chop zone. this is about constitutional and other legal rights of which were overrun by the city of seattle's

decision to close off entire city "the neighborhood." subjecting businesses, employees of that "the neighborhood" to property damage, public safety danger and inability to use and access their property. in 2020, that ice cream shop, part of the zone near our shop taken over by peaceful protectors in the process of transforming into beautiful black lives matter art. police barricade is gone. he is laughing already, david webb joins me now. what do you make of this shop trying to have ice cream and eat it, too? >> david: i can't help myself. you support this. you vote for this, you put it in office. people are shocked, assaulted, private property rights are blocked, people can't get into

apartments and your business suffers because of your choices and now you want those people to pay you back. they are not suing the city, the city is the vehicle, the taxpayer is where the money comes from. they are suing fellow residents for something they supported. this is pathetic. no other way to say it. chaz chop, if black lives matters to this ice cream shop, how about doing business right, not supporting leftist policy and be open to hire black people and give them a job so they can support their lives. this is what happens when liberal stupidity goes too far and they end up coming to you to pay the price. >> todd: mollie moons, we hold race equity at top of list of priorities for how to make the

world better. the lawsuit is not meant to your honor yoo undermine that important message. sum up in one word, david? >> really, just one? scoop. >> todd: there you go. scoop, interesting exchange between white house pres secretary karine jean-pierre and a reporter yesterday. watch this. >> the president say to parents out there who have daughters, say in high school, who are worried their daughter may have to compete against a person born male and there could be direct and physical competition and worry there daughter's safety? >> look, what you're eluding to is basically saying that transgender kids are dangerous, that sounds like that is what you are saying. you are saying their safety is at risk. >> todd: notice she tries to

turn that question around to accuse the reporter of saying trans kids are bad. what does that show you? >> david: twisted logic or -- this is the most well known -- she lies frequently and deliberately twist it to put it back on the reporter, but ignores the fact biological males, no matter what the after-market enhancements are, are stronger and -- if a man and woman collide on a field, muscle mass and weight will cause more harm. this is why you don't see women going on the line against football players and don't see women running up against each other or males in male-dominated sports. this is about physical strength. she has to lie to push the

agenda. same white house that had this entire transgender event during pride month with display that along with the president and first lady, was a joke to the world. they are pushing an agenda, they don't care about the kids. william thomas is a man playing woman in a pool. can you imagine if someone like william ran into a womaning on a soccer field in football and field hockey, no matter what it is. >> todd: david webb, got to leave it there, we appreciate it. joe biden cdc director facing off over covid mandates and guidelines. >> will you admit covid transmission was low enough. >> look at transmission. >> carley: just so that moment with marianette miller-meeks and she is here live, thank you for

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>> alex hogan, beginning with this fox news alert. the president of belarus says his country is ready to enter the war in ukraine. belarus begun receiving nuclear weapons from russia, three times more powerful than those dropped on hiroshima.

the world watching closely over these weapons could be used on the battlefield and biden announce aid package for ukraine, including 22 million of ammunition, grenades, anti-aircraft system. new this morning, secretary of state blinken speaking with chinese foreign minister by phone, who warned to stay out of beijing's affairs. aggression around taiwan by both air and sea. blinken is expected to plan a trip to china later this week. back to you. >> carley: thank you so much. listen to this, arizona mom delivers emotion am testimony during first ever senator only hearing over artificial intelligence after a fake phone call tried to make her think her

daughter had been kidnapped. >> i received a call from an unknown number, mom, bad men have me, help me, she begged and pleaded. a threatening and vulgar man took the phone call over. you call anybody, you call the police, i will pop her full of drugs and have my way with her and i will drop her in mexico and you'll never see her again. >> carley: marianette miller-meeks has been sounding the alarm on ai and joins me now. is this something more parents need to worry about moving forward? how do you make sure something like this never happens again? >> more parents and we have been having testimony and briefings on capitol hill in the house and senate on artificial intelligence. there is good and bad, like most things. we don't want to put forth regulation that ends up harming

the progress of ai because it has tremendous benefit. i was on healthy future task force and chair of modernization sub-committee and part was ai in healthcare and how ai can help with prevention, with accessibility, how we can use remote devices or other devices to detect what could be a medical emergency and how we can use ai to help physicians and/or other healthcare practitioners in rural areas. >> carley: does that mean regulation could be the answer to get good ai to allow that to happen? >> it is possible, which is why we're having briefings and listening to experts in the field, experts in the field to help with ai in china and how we compete with china. >> carley: if we regulate too much and china and russia move

forward with artificial intelligence, we could be behind the eight ball. >> it is. we learned about ai at mit. we want to have the information we need to put forth appropriate rigulation where we need appropriate regulation. >> carley: scary thing to happen to that mother. outgoing cdc director rochelle walensky testified in front of a house panel, after-action report on know hadding of covid. take a listen to the clip. >> doctor, why did you and the biden administration mislead the american people. >> you said vaccinated people do not carry the virus? was that accurate?

>> i don't want my staff educated, educated the american staff of what you have done of 1.5 million reports. you continue to say safe and effective. >> will you admit covid transmission was low enough to not justify school closure? >> part of operational guidance was to look at local community transmission, if low, we encourage our kids to get back to school, as noted before. >> carley: how do you feel about that answer and what did you learn from the hearing? >> the answer was couch, but also more honest than previous answers. it was apparent to me dr. rochelle walensky felt school should be opened. they issued guidance, but the guidance wasn't followed.

my question would have been, why don't you think your recommendation was followed. transmission rate was low and those schools were not opened either. iowa opened schools in august of 2020. >> carley: look at math scores and reading scores and schools that weren't in school are behind. we're here on top of this roof for a reason, congressional baseball game is later today. this is first year you are on the team. >> my first year on the team. why i'm passionate about girls in girls sports. >> carley: there is political tie. >> i didn't have a chance to play sports in school. i don't know a darn thing, i decided to go to practice and we're a republican family and i want to support my colleagues and get out and be out there

with them and i get added benefit of being team doctor. >> carley: that is right. ever any shoulder injuries. >> someone gets hit by a ball. >> carley: i heard record number of tickets were sold. >> it is great, just tremendous amount of fun. >> carley: thank you for starting your day early with us. >> carley: the media had a field day responding to the trump indictment. one reaction is standing out. >> on thursday, the department of justice indicted former president trump. >> you are kidding. >> i know, do you have reaction or are you ep cooing your powder dry in case you get jury duty in new york? >> todd: first cackle that we heard. joe concha here with thoughtses on that cackle. keep it here on "fox and friends first."

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condition. >> todd: here is cheryl casone. >> cheryl: p.g.a. tour issuing cryptic statement tuesday night, monahan is facing backlash to stop fighting liv golf and merge with the saudi-backed group. their advisory council or the policy board did not help with the decision. some players feel betrayed. >> it gets to a point, where you want to have faith in management and i want to have faith that this is the best thing for all of us, but it is clear that is not the consensus. the general feeling is that a lot of people feel betrayal from management. >> cheryl: this as players arrive for the u.s. open and seem to agree they need more information about how this merger is supposed to work and work for them in particular. >> todd: from jon rahm to matt

gaetz. >> cheryl: matt gaetz sent a letter to merrick garland demanding information on jack smith and staff. he writes, it should be obvious doing due vil igence might affirmatively be seeking to staff with sanctioned lawyers and partisan hatchet men and women is entirely appropriate purpose and one small reason i'm requesting this information. gates wants name of everyone working on donald trump's office, wants that made public, and points to former smith staffer karen gilbert who donated $2000 to the obama and biden campaign and resigned after alleged misconduct. the fal-out continues, begins, take your pick this morning, over federal indictment of the

former president. >> todd: it is on. thank you. some in the media having a meltdown, when live coverage showed donald trump supporters throughout the courthouse yesterday. >> that is the picture over your brilliant words, we don't need to see that anymore, we know where he is. >> we watch donald trump attempt to turn his arrest and indictment into a campaign commercial, folks in the control room, i don't need to see anymore of that, he is turning this into spectacle, enough of that, we've seen it already. >> todd: joe concha joins us now. wasn't that visit part of the news event that real journalists should cover on a day like yesterday? >> joe: todd, no surprise from cnn. jay tapper drove chris licht

out. now that the inmates are fully running the asylum, it is the network to all things trump and anything conservative. remember night after the townhall with trump in may, anderson cooper said, i know you are angry, i wouldn't blame you for ever watching this know chael again. jake tapper pushed trump-russia collusion when trump was president. this anchor in tapper said he would never allow anyone who lies to be on his air, while interviewing alexandria ocasio-cortez, who made a career as lawmaker for doing just that. this is the new cnn, basically old cnn under donald trump's presidency.

>> todd: it is hysterical and sad. here is hillary clinton's reaction when asked about the trump indictment. on thursday the department of justice indicted former president trump. >> you are kidding. >> i know, do you have reaction to the news or are you keeping your powder dry in case you get jury duty in new york? >> john, i have a lot of reactions to it. and i think the best reaction publicly is let's see it unfold and see what happens, right? >> todd: joe, i called her the first cackler, isn't she laughing at us, the american people, because she got away with mishandling her own documents? >> joe: she has issues, been on public policy tour for seven

years showing she is not over the fact she lost to donald trump, including the fbi not pressing charges against her despite her -- worse than anything donald trump has done. her classified information was placed on server and hacked by foreign adversaries and now she's twirping about it because she got away with it and donald trump did not. whole ball of wrong. >> todd: american people look at this and say, there are two set of rules. thank you. donald trump is not shying away from reaction to his indictment, instead hoping it will upset american people enough to put him over the finish line. >> corrupt sitting president had his top political opponent arrested on fake and fabricated charges. they will fail and we will win bigger and better than ever before.

>> todd: congress man marcus latrelle is with carley next. that's what they all say. stay twice and get a $50 gift card when you book direct at choicehotels.com. .

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every other president has done. is one of the most outrageous and vicious legal theories ever put forward in an american court of law. we will win bigger and better. [cheers] >> carley: former president trump vowing to fight for the american people after pleading not guilty to a 37-count indictment from president biden's justice department. texas congressman morgan luttrell joins me now. congressman, first of all, good morning. thank you so much for joining us. i know it's going to be a long day for you. >> we're ready. >> carley: overall, what are

your thoughts on what took place yesterday? >> which time? there's a lot going on. are you talking about president trump? >> carley: yes. >> it's appalling. and i think he will be vindicated at the end of this. he is innocent -- in my book is he innocent until proven guilty. and i think time will tell and bring out the truth. keep it up. he is just gaining momentum. >> carley: especially if you look at what happened with the new york indictment. he seemed to gain support after that. you think that's going to happen here as well? >> i think so. he has got thick skin. he is a tough, tough man. and i could only imagine how this is weighing on him and his family. but he is resilient. >> carley: did you hear what hillary clinton said. if you still support trump after the indictment yesterday then you are part of a cult. >> i don't care too damn what she says, excuse my language. >> carley: speaking of

democrats. look at what is going on with president biden. you have what chuck grassley is saying about the burisma executive is alleging to have paid him $5 million. hunter biden another 5 million. he apparently has the 17 audio recordings of conversations, two of them with the president. how do you feel about that? should he be concerned? do you believe these allegations? >> i do. and i think, again, the same thing we are going to dig. in chairman c keith o comer areo dig in the paint. >> carley: documents found in president biden's garage the initial response well, my garage is locked. it's not like they were out on the street. if everybody, you know, if no one is above the law, then what is going to happen. >> no one should be above the law first and foremost. as hard as it is, when i was in the military, as hard as it is for me to get a security clearance i respect the classification levels. when you throw those things around like it's nothing.

it's tragic. and he should be held accountable like president trump is. hillary clinton should also be held accountable just like president biden should be. just like they are doing to president trump. >> carley: so you are talking about really the two tiered system of justice which is evident especially when it comes to hillary clinton's emails. a political argument not a defense. do you think president trump should be nervous about this indictment? >> i don't think president trump ever gets nervous, to tell you the truth. i hate to say let the system play it out because the system itself is corrupt, but i think with the support of the country that he has, i think he is in a good spot. >> carley: well, it is his birthday today. >> is it really? >> carley: 77th birthday. >> happy birthday. will it's my wife's birthday. >> carley: yesterday. you can come on in. your two beautiful sons are here as well. a whole family affair. this is your first year in congress. so this is your first year on the team as well. >> yes.

>> carley: republicans won 10-0 last year. are you expecting a win this year as well? >> absolutely. we have a very stacked team. >> carley: you think so? >> we have some heavy hitters. >> carley: you were up early practicing for several months since march. >> carley: i'm going to be at the stadium all throughout "fox & friends" talking to some lawmakers about everything going on this morning. "fox & friends" -- >> i think it's going great. >> president trump went into court where he pled not guilty to 37 charges. [chanting u.s.a.] >> what is being done to the president should terrify all citizens. >> our country is at stake. >> the fbi clearly has treated joe biden very differently than they are treating donald trump. >> this is another reason i'm not going to get into what. >> that's why people are mad at the fbi because you are stonewalling serious allegations. >> listen here, i have your daughter. >> a kidnapping scandal fabricating the voice of her daughter. >>