>> the most evil and heinous abuse of power in our country. >> entering not guilty plea in federal court. >> the indictment reeks of politicization. >> i will quote him and say it's malarkey. >> the burisma executive claims he combaf biden $5 million. >> this is an area i will not get into. >> people are mad at the fbi, you are stone walling serious

investigations. >> mark cuban says almost all 10 market cap companies in the u.s., going woke is a good business model. >> golfers finding out by media report about the p.g.a. and liv golf league. >> you want to have faith in manage moon, people feel betrayal. >> it is about bipartisanship ahead of the congressional baseball game tonight. >> you're ready to go. >> put me in, coach. ♪ ♪ what so proudly we hailed at the twilight's last gleaning. whose broad stripes and bright

stars through the perilous fight. o'er the ramp arts we watched were so gallantly streaming. the rockets red glare, the bombs bursting in air, gave proof through the night that our flag was still there. ♪ oh, say does that star-spangled banner yet wave, o'er the land of the free and the home of the brave. [cheering] >> ainsley: amazing, that is lee greenwood performing the national anthem because today is flag day and thanks the bronx county american legion, holding the flag.

if you need a flag, buy from annin, they provided this flag to us. >> steve: secretary continental congress adopted that flag on flag day. yesterday former president trump was slamming department of justice and president biden hours after entering not guilty plea in federal court in miami. >> brian: democrats staying mostly silent, want the attention on republicans. >> ainsley: jonathan is live in miami. good morning. >> jonathan: good morning. after this hearing wrapped up issue the former president struck a defiant tone and accused the biden administration of orchestrating this to

suppress his chances in the 2024 presidential race. listen. >> today we witnessed the most heinous abuse of power. it is like out of a fascist or communist nation. >> jonathan: mr. trump pleaded not guilty to all 37 charges. he was digitally fing areprinted and instead of a mugshot issue the feds uploaded a preexists photo. the judge did not impose traveling restrictions on him. hundreds of trump supporters and anti-trump protesters gathered. one wearing a striped uniform was arrested after running with a sign in front of trump's

motorkayden hern. for the most part, it remained civil. trump had several stops, saying help birthday issue today is mr. trump's 77th. on the democrat's side, hillary clinton weighed in giving her reaction to the indictment. >> do you have reaction to the news or are you keeping your powder dry in case you get jury duty in new york? >> i have a lot of reactions to it and i think the best reaction publicly, let's see it unfold and see what happens, right? >> jonathan: in addition to his speech in new jersey last night, mr. trump attended a fundraising expecting to raise $2 million for his campaign. first lady jill biden expressed surprise saying most republicans

plan to vote for mr. trump again. they don't care about the indictment, that is shocking, i think. president biden dodged reporter questions on the indictment. politico reports mr. biden and top staffers instructed his re-election campaign and national democratic party not to publicly discuss the issue, they do not want to create the appearance they are trying to what happens. >> brian: let's bring in john ratcliffe. he had his job under president trump. you watched the president give his speech yesterday, i imagine in new jersey, at which time he was specific bringing up the case of the socks with bill clinton and saying these are my

presidential papers and presidential records act. was he right in either case to bring up the example and is that foundation of his defense, do you think? >> jonathan: i did listen to what the president said and yesterday was a travesty. we all thing law should be enforced. laws should be applied evenly and enforced evenly and that is not taking place here and that is one thing president trump is pointing out and because that is not happening here with respect to jack smith, this is clearly coming across as political prosecution and it is prosecution initiated by the incumbent president against his primary political opponent, it is elect interference and i think regardless this is a two-tiered justice of justice,

the president will have to defend himself. good thing is he does have defenses and he is starting to talk about what those are. there are laws that apply to the president and only the will president and some defenses, those are defenses that won't be available to joe biden in the classified document prosecution in his case because he was not president at the time and as a senator, there is no legal justification or excuse for having classified documents in your home or office. joe biden broke the law very clearly. and doesn't have defenses. as this plays out, that is one thing that is interesting. >> ainsley: there is double standard, we saw hillary clinton and joe biden had them in his office and so did the former vice president pence.

how does this affect our election? we will probably see this again with january 6, will play out, how will this affect the election? >> there will not be a trial before the election. i haven't seen where the speedy trial act has been applied. we have at least 31 highly classified documents and something called the sepa. classified information act. trump's evolving legal team will have to be cleared to see documents, that is before they begin to fight over the document, redactions central to president trump's defense. just the process of sharing that information is going to take probably at least a year before this could and then when you

factor in the doj's policy, which maybe they'll set aside they don't do political prosecution around election, that will not play out before the election. the other thing going on, if we want to talk about even application of laws, five months -- i mean, five weeks after jack smith was appointed special counsel, robert hurr was appointed to investigate. >> steve: we haven't heard anything from mr. herr, you are correct. there is news reporter two months ago, you were called in

front of a grand jury in washington, d.c. to talk about january 6 and things like that. can you give us a general, i know you can't talk about the particulars, can you give general sense where jack is going with that, that looks next on the docket. >> john: i can tell you where i think they want to go with that, follow narrative similar to the january 6 committee. i will tell you this, the january 6 committee interviewed a thousand people allegedly. i was not one of them and there was a reason for that. the narrative jack smith wants to follow issue as person head of the intelligence community, i will not be helpful to the prosecution's case in this matter. >> steve: john, what is narrative he's pushing or trying to get people to lineup with?

>> john: that donald trump was proximate cause of the violence on january 6. the narrative, one thing we talked about, is that there can be more than one proximate cause of an event and failure at the fbi to keep the president informed, i think will play a prominent role. we have fbi failure in different cases we're talking about, but on january 6, there were failures documented and i think will come out. president trump will have good defenses, if they try to move forward in that case, as well. >> brian: the other story not getting enough attention is this story about the redacted document, class 2classified, re that christopher wray has been talking about. over the weekend, senator

grassley said it was revealed 15 to 17 tapes exist, two have joe biden biden as vice president, talking about a bribery scheme. there is reference to the big guy to joe biden. does that sound familiar? ted cruz, they had the deputy director on capitol hill yesterday and asked him this directly, along with a few other senators. listen to the answer. >> i'm just not going to comment on information we received. >> you own obligation to be candid about president of the united states. this is an area i will not get into, senator. >> you are stonewalling and covering up serious allegations of corruption from the president. >> brian: what is so hartd hard

about admitting there are 15 to 17 tapes, why does that compromise anything? >> john: with senator cruz and others see, just when you think things can't get worse for the fbi. they do. the hillary clinton e-mail matter, the russian e-mail hoax, spying through the fisa court, the hunter biden laptop. turns out the burs burisma scandal may be worse. former ambassador said that burisma was the only company out of thousands of companies the obama administration briefed her to be prepared for. that was december of 2019.

a few months later, someone walks into the fbi, a credible source, to execute fd-1023. there is apparently bribe of $5 million involving burisma and joe biden, that is red light to the fbi to follow-up on. three years laters, they have stonewalled and taken no action. jack smith would have moved on this thing in a matter of months. all this time later and nothing has happened and i think that is apparent to everyone. >> steve: see what happens with that. john, thank you for joining us today. >> ainsley: more headlines. new york city top cop stepping down after just 18 months in the role. nypd commissioner sewell wrote a letter thanking.

>> the commissioner was there, 24 hours, seven day a week of running the largest police department, we start to thank her for her service to the city. >> ainsley: her resignation not without controversy. constant lack of support from city hall forced her to breaking point. less than one hour, house homeland security will begin hearing into alejandro mayorkas alleged dereliction of duty. yesterday he ducked questions about his leadership in response to the border crisis. >> are you proud of the job you have done at the quarter? republicans say your handling has been dereliction of duty. do you agree with that? >> ainsley: great job, she kept

going. she is a good reporter and your daughter-in-law. we are biassed. floating impeachment proceedings and mayorkas accused of -- oldest baseball stadium in america will host the 2024 field of dreams game, the giants face cardinals at rick wood field in birmingham. the ballpark opened in 1910, years before fenway park and wher wrigley field. there is no field of dreams game this year, due to major expansion underway there. >> steve: great games. >> ainsley: hope it will go back to the movie field and the city you were born in. >> steve: that is right.

if you build it, they will come. carley shimkus is live for the congressional baseball game, republicans try to beat democrats and vice versa. >> carley: yeah, that's right, steve. i'm inside the republican dugout ahead of the congressional baseball game ahead of tonight. republicans are done. democrats look like they are wrapping up, they will go to eat breakfast. i learned something really cool, record number of tickets sold this year. twekt 23,000 people to show up, you can kauch on fox sports 1. 1.8 million raised for local charity, which is awesome. this is time-honored tradition going on since 1909, getting

together for fun and sportsmanship and baseball on the baseball field. will president biden show up? we do not know the answer, he has come in years past. i think you can expect him later tonight. i'll be out here looking around the dugout. shirt from kat cammack's team, a baseball bat, brad winstrop's son's baseball bat. i will rummage through bags and see what i can find. >> steve: people will come over and be like, where is my bat. >> ainsley: you need crackerjacks and big league chew. >> carley: i got it. >> brian: coming up, go for broke, mark cuban says companies going all in on woke approxness is good for business. his "shark tank" cohort, kevin

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more time here, less time there.

>> brian: companies lose billions over going woke. billionaire mark cuban claims it is good business. >> ainsley: he says, there is a reason almost all top 10 market cap companies in the u.s. can be considered woke. it is good business, most ceos have enough experience to know to wait out the news cycle. >> steve: since pride controversy target latest 15 million and bud light sales down 24%. here with reaction is mr. wonderful, kevin o'leary.

good morning. what is mark cuban talking about? if it comes to name recognition, everybody is talking about target and bud light, not necessarily in a good way. mark and i are in los angeles taping "shark tank" and we had this debate yesterday. mark is a little country and i'm a little rock-and-roll. the thing about business, you lose 9 million, that goes to shareholders and that is unprecedented in the history of beer. usually shares move up and down 1%. i don't agree, that is not a new surprise between mark and i, we don't agree on much. we are good friends, though. in business, all about the money. what happened here, important

lessons learned by ceos. the shareholders are not happy. >> brian: when you look at disney, the ceo lost his job. ceos know what they are doing, but not all the time. i guess i'm trying to figure out and you know, does he think society changes if you look back to what we thought about same-sex marriage and other things we've evolved on that and business is ahead of society, is that what he's building this on? >> no, i think what they have learned and this is important. if you're disney or beer company or target, you have customers of every kind, republicans, democrats, gender specific, it doesn't matter. sell everybody everything all of the time. when you get involved in partisan issues, you lose 50% of

con constituency, why do that, everybody is learning makes absolutely no sense. role of a business, corporation in america has been to serve customers, their employees and shareholders. their role is not to educate society on social issues of the day. they are learning that quickly. in the case of business, you can measure it by the stock price. when you lose nine, 10, 11, 12 billion of market cap, you know you offended somebody and that person is your customer, that is bad business. >> brian: that is what i thought. i just don't get it. >> kevin: i don't get it either, except i measure it. >> ainsley: they said they moved displays to the back of the stores. i was in a store in new york and it was in the middle of the star

when you walk in, i saw it. >> kevin: how is it possible for any company trying to sell products and services to want to get involved in politics or social issues? we have learned multiple times that is not good for their constituency. when you make somebody angry enough to stop buying your products, you have failed. >> brian: i agree with you. i'm more confuse. >> steve: kevin o'leary is a little bit rock-and-roll, mark cuban a guilty bit country. thank you for joining us. >> brian: on this, a little crazy, i think. >> ainsley: we head out to the park with carley shimkus. hi, carley. >> carley: we got florida in the house, i'm with congressman greg steube and byron donald. you are the pitcher and designated hitter over here.

we'll be talking to them after this. i try to put my arm around any vet that i can. absolutely. at newday usa, that's what we're doing. we put our arm around the veterans. when i think of the veteran out there that needs to refi his home, he may want to purchase and we can help them and provide that financial solution for them and their families. it's a great, rewarding feeling. everybody in the company, they have that deference and that respect and that love for the veteran that makes this company so unique.

>> brian: fox news alert, former president trump pleading not guilty to all 37 charges yesterday over his handling of

classified documents found at mar-a-lago. >> ainsley: next guests say it is political prosecution. >> steve: florida congressman greg steube and byron donalds joins carley shimkus live at congressional park. carley, take it over. >> karl: >> carley: we've been talking baseball and politics. i have to ask about the trump indictment. both of you have made it clear you think this is politically motivated by the president's top rival, who is running for re-election. usually when people go after the former president, that makes him stronger, do you think that is going to happen here? >> yes, politics of the worst kind. we can disagree, run negative ads, when you try to criminalize your opponent, enough is you have in and i think it will help

donald trump win the white house again. >> carley: it did say this could have put military members at risk. how do you feel about that? >> you have president biden running for reelection, had his doj going after his number one contender in the general election next year, that is election interference. if trump wasn't running, this wouldn't be happening. i serve with jim jordan on the committee going after that. >> carley: president biden said he doesn't have a comment. was he thinking maybe i could have commented if i didn't have classified documents next to the corvette in the garage. what do you think is going to happen? >> i don't think much is going

to happen. if democrat official is being investigated, the investigation takes forever, slow walk, takes all the time in the world and they show up and nobody is watching. that is the problem with what is happening in our country. >> carley: congressman steube, great to see us here. remind everybody how serious your accident was and how you are feel something >> five months ago, i fell 25 feet off a ladder. had a severe concussion, tore ligaments in my neck, blessed to be out, protecting me in the fall and healing me this way. i will be starting on the mount. >> carley: your goal was to been it0% by the game. you are starting pitcher. >> i have felt my body healing and thanks to the lord's grace,

i'm here today. >> carley: you have byron donalds here. >> this guy is in the cage and stretching and running and throwing. i might as well get up and go to practice. >> carley: you know a lot about football, baseball, all of it. >> i tried to tell the guys at fs1, let me on. >> carley: what is your favorite team? >> america's team, dallas cowboys, lakers and new york yankees. >> carley: tonight your number one team will be republican side for congressional baseball game. 7:00 start time. >> 7:05. we're home, i'll be on the mount first. >> carley: tune in fs1, 7:05. >> steve: tune in to see if greg steube gets another home run.

>> carley: that's right, you hit the home run! >> steve: and he's pitching tonight. >> brian: masters champion jon rahm teed off by the tour partnership with liv. >> the general feeling is that a lot of people feel betrayal from management. >> brian: they gave up a lot of money and now they merged. clay travis on how the fallout could spill into the u.s. open. to find some relief. cosentyx works for me. cosentyx helps real people get real relief from the symptoms of psoriatic arthritis or psoriasis. serious allergic reactions and an increased risk of infections or lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx.

narrator: the man with the troublesome hemorrhoid

enters the room. phil: excuse me? hillary: that wasn't me. narrator: said hillary, who's only taken 347 steps today. hillary: i cycled here. narrator: speaking of cycles, mary's period is due to start in three days. mary: how do they know so much about us? narrator: your all sharing health data without realizing it. that's how i know about kevin's rash. wait... what's that in your hand? no, no, stop! oh you're no fun. [lock clicks shut]

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sotyktu can lower your ability to fight infections including tb. serious infections, cancers including lymphoma, muscle problems, and changes in certain labs have occurred. tell your doctor if you have an infection, liver or kidney problems, high triglycerides, or had a vaccine or plan to. sotyktu is a tyk2 inhibitor. tyk2 is part of the jak family. it's not known if sotyktu has the same risks as jak inhibitors. find what plaque psoriasis has been hiding. ask your dermatologist about sotyktu for clearer skin. so clearly you. sotyktu. >> ainsley: good morning, severe weather moving across southern plains toward the mississippi river valley. these are storm reports from overnight. over five inch hail. in effect for arkansas through arkansas and into georgia. severe thunderstorm watches until 11 a.m. local time, latest

watch into mississippi. see this pattern throughout the day today. significant severe storm threat for areas in pink and red. know what to do if there is a watch or warning in the area. we have heat alerts. this is early to see 100 degrees, in toward louisiana, that is heat index. humidity will be oppressive. they have cooling centers, but that is going to be a big deal. across northeast, unsettled weather tonight and thursday and friday and might put a damper on know plas, it is good news situation. we have drought and smoke from last week's wildfires in canada. all the latest details. brian kilmeade, over to you. >> brian: blind sided is what p.g.a. stars say and they are not backing off about the

partnership with p.g.a. and liv. >> i want to have faith this is the best thing for all of us issue but it is clear that is not the consensus, people feel betrayal from management. i understand why they had to keep it secret, not easy to wake up and see this bombshell. that is where we are in state of lim bo. >> brian: clay travis join us now. u.s. open here, athletes come back together and played together in masters already. what is different now, clay? >> clay: if i'm a member of the p.g.a. tour who turned down hundreds of millions of dollars like tiger woods, jon rahm or rory mcilroy, i'm furious. the p.g.a. did what they told me i shouldn't do, take the money from the saudis and liv golf

tour. i think there will be a lot of akri moanien 22 the p.g.a. and its members. if you took money from liv and you know, i will get a small fine, but i will play in p.g.a. events and i will be able to go and play at u.s. open and british open and p.g.a., you have no risk at all. brian, one thing not getting a lot of attention. i would be nervous about the federal trade commission given the fact biden administration is finding anti-trust everywhere. i would be nervous -- >> brian: senator blue blumenthal is looking into it. they blame congress, i had to make a deal, you left us on our own against the saudi dollars. are they right to blame

congress? >> clay: of course not, this is how capitalism works. these guys, saudis said, we think these golf players are underpaid, they are independent contractors. this organization is right for disruption. is it the tennis tour next? might they try to buy espn? what is the saudis next move in the world of sports? a lot of plays and you have moos available. >> brian: i'm worried they will make a big offer to buck and try to break y'all up. walk away from the saudi money. >> clay: it might be me, i meet be moving to break down the news from there. >> brian: you are not motivated by money, clay, not the clay travis i know. go to outkick.com.

up next, we celebrate flag day with "god bless the usa" with lee. hi, dana. >> dana: thanks, president trump from the courthouse to campaign trail last night and hillary clinton weighed in, what happens next? chris christie will be on set. russian soldier begs for his life from a machine. plus a leading university ban over lesbian while the houses you are wrong if you are concerned about boys playing in girls sports and ms. arizona and a police officer, meet this amazing young woman. we'll see you in a few minutes. . 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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>> carley: this is flag day and lee greenwood is celebrating 40th anniversary of "god bless the usa." >> brian: lee greenwood joins us this morning. this songwriter legend. 1985, does it seem like that long ago?

>> steve: celebrate lee greenwood and how you can help veterans. >> we'll show taping of the show we did at huntsville, alabama. be on the big screen shown across america. if you want to bring your favorite veteran on veteran's day, go to adoptavet.com, make sure you can bring them to the show. >> ainsley: lee, today is flag day, donald trump's birthday and someone else's birthday, too. >> special hello to my wife kimberly, who is in england. only thing that would draw me here is new york city and flag day. i love you, kim. >> steve: lee, every time they play your song, what do you make, $1? >> brian: you have all stars with you on your special. >> an amazing group, lee bryce,

gat lin brothers, crystal gayle. go to adopt a vet.com. it makes sure they see entertainment and they are with someone they love. >> steve: lee, it is time for you to sing that song. >> i would love to sing for you, god bless the usa. happy flag day, everybody. ♪ happy birthday, kim. hi, parker, hi, dalton. ♪ if tomorrow all the things were gone, i'd wor for all my life. and i had to start again with just my children and my wife.

i'd thank my lucky stars to be living here today. because the flag still stands for freedom and they can't take they away. and i'm proud to be an american, where at least i know i'm free. and i won't forget the men who d died, who gave that right to me and i gladly stand up next to you and defend her still today. because there ain't no doubt, i love this land, god bless the usa. ♪ >> go to adoptavet and buy

ticket for a vet. >> from the hills of tennessee, across the plains of texas, from sea to shining sea. ♪ from detroit down to houston, and new york to l.a. there's pride in every american heart and it's time we stand and s say, i'm proud to be an american, where at least i know i'm free. and i won't forget the men who died, who gave that right to me and i gladly stand up next to you and defend her still today because there ain't no doubt, i love this land, god bless the

usa! and i'm proud to be an american, where at least i know i'm free. and i won't forget the men who died, who gave that right to me. and i gladly stand up next to you and defend her still today because there ain't no doubt, i love this land, god bless the usa. ♪ ♪ >> happy flag day. happy birthday, kimberly. [cheering] this isn't just freight. these aren't just shipments. they're promises.

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>> ♪ to be an american ♪ ♪ where at least i know i'm free ♪ >> steve: thank you to flagmakers for that beautiful american flag and those people that are waving it a lot of people that work on fox news program. >> brian: good job, lee. thanks so much. adop adoptavet.com. >> john: good morning. waiting on a decision on daniel penny any moment, the marine accused in that chokehold death. prosecutors already charged him and the grand jury backed him up. this was the subway incident here in new york. good morning, everybody. i'm bill hemmer. good day today. >> it does feel like a big day. >> bill: i'm ready. >> dana: i'm dana perino. this is "america's newsroom." grand jury is hearing evidence in the daniel penny case, decision whether to indict could come as early as today. >> bill: it's six weeks ago when that marine confronted neely on the new york