came first, the chicken or the egg? now, that age old question has been answered. >> bill: wow. >> dana: it was the chicken. >> bill: are you buying that? >> dana: i'm totally buying it. i'm going to believe the scientists on this one. you're not? you think the egg came first? >> bill: i don't know. we're talking about it. >> dana: we'll see. i'll go with the chicken and see you tonight. thanks for being with >> harris: a kamala, democratic lawmakers in washington d.c. looking at the vice president with fresh eyes. that may make them cry. they are less worried about president biden's age and stam ma. finding out they probably can't ignore how voters feel about kamala harris. i'm harris faulkner. you're in "the faulkner focus." a vote for biden who turns 81 years old this fall is a vote for kamala harris. his recent falls and verbal gaffes are not helping matters.

new pulling shows most voters on the left say they are comfortable with her taking over for biden. among voters across the political spectrum, you're going to need everybody, the vice president's approval rating is tanking. staying stubborning lower than the president's for months. voters give the vp nearly 37% approval and 56% disapproval. that's according to a new 538 average of recent polling. britt hume says this problem is real. >> people had a dose of kamala harris and had not been impressed. nikki haley said a vote for joe biden is a vote for kamala harris. people look and say as old as he is, he can go any time. she might be president. >> harris: apparently top democrats on the hill don't want to talk about it. >> do you think he has the

stamina to finish the second term? >> yes, i do. >> are you worried that president biden's health -- his age may be finally catching up to him? >> no. >> do you think president biden's age catching up to him? >> i'm proud of the job president biden is doing. >> do you think he has the stamina to serve another term? >> we all take few tumbles. >> harris: power panel now. janua-- former speaker of the h, two times with the wisdom to say, don't bother me. it's in every polling for months. >> it's going to continue to be. the truth of the matter is, democrats have become delusional about the prospect of their president and vice presidential candidate and what 2024 will mean for their party. i know what the numbers saying

about individual voters in a democratic party being supportive of kamala harris. let's be clear. these polls are not indicative of what the rest of the country is thinking. democrats, they confirm to identity politics. they wanted to support her in the beginning. you got independents who really make up the bunch of who's going to be president and who's not. they're not with her. republicans are not with her. she was a failure on the border. she continue to be a failure on anything that the president gives to her. not only that, her staff shake-ups have made her the administration look bad. they have a communicates problem. it does not look good for them at this time. they need to find something else. >> harris: the white house is definitely worried about voters perceptions of the vice president. the president has been talking her up in events. that's nice. top staffer, anita dunn is charged now with a big push to

boost her image. that's her job. that's not going to be easy. here's a quote. it's not a job that put you out front unless the president has put you there intentionally. even then, even vice president is even as a derivative as of the president. the job does not lend itself to full makeovers. >> the job of the vice president is really difficult one. we're seeing same dynamic with republican administrations and democratic administrations. biden feeding the incumbent president by 8 million more votes than the trump-pence campaign. >> harris: the vice president didn't accomplish that. >> she campaigned hand in glove with the then vice president, joe biden. >> harris: for the longest time, he pretty much ignored

her. when there was some opportunities to give her support when she was failing, which is what you do for someone you really want to see succeed, would have started to nurture that problem then. it's only now in the 11th hour as you turn 81. that's a problem in the polling. her numbers are so far down. what are they looking at? one quick last word. >> she's polling as the worst vice president in history. we don't understand where that 36% approval number is. she lost support among the black community. which was one of her strongest gets. that's the reason why joe biden wanted her. now that's failing. >> harris: why do you think that is? >> because, they wanted tangible action. they thought her being vice president would lead to that. it has not.

joe biden has absolutely failed the black community and those black voters who supported them. now they're thinking about this electronic differently. >> harris: when you look at this most recent polling, the president in the category that compartmentalized voting block, african-american in this country fell. >> i'm not worried about that. >> harris: how are you going to fix it? >> we're going to campaign directly to those people. talking about the accomplishments of this administration. we had the lowest black unemployment rate in the history of this country. >> you're not counting black men. that's the reason why. >> we're counting all black americans in that number. >> no that, isn't true. >> 100%. absolutely. we got to take that message to all different communities that make up the democratic block. >> harris: last time i looked if you having a problem paying

for the food on your table, the messaging is probably too late. you got to start to stick and move. you got to have action. that's on either side of the aisle. your side is in power now. >> thank goodness now inflation is down 11 months. 4% is still too high. >> harris: you got the messaging. you're not the president, yet. the gop-led house passing a bill yesterday that would block the biden administration from banning gas stove. the gas stove protect and freedom act sailed through with more than two dozen democrats voting in favor. the bill heads senator. senator joe manchin made clear where he stands. he ripped in the administration's green restriction agenda. it shows you how disconnected with the department of energy is with the facts. it's not going to work.

remember, the biden white house is long insisted it is not coming for your gas stoves. >> not looking to ban gas stoves and the cpsc has no proceedings to do so. the president does not support banning gas stoves and the consumer product safety commission which is independent, is not banning gas stoves. i want to be clear on that. >> harris: well, that didn't live long. >> the press secretary said in january the administration will not ban anyone's gas stoves. department of energy works for the president of the united states. i'm happy kevin mccarthy gotten the house in line >> harris: if the president was strong on this issue, it's june. why did it take six months? >> yeah, after they got beat up time and time again. even from the mainstream media

on this issue. we got to keep in mind with the electric vehicle situation. how they trying to push people purchasing these expensive vehicles. some have been ruled unconstitutional by the u.s. supreme court. americans, especially when they learn about these things, they disagree and they push back and that's the only reason why democrats may listen at this point. >> harris: all those restaurants that depend on gas stoves, i'm sure they heard from everybody. cooking on gas is delicious. all right, good to see you both. thank you. a grand jury at any time could decide whether to indict marine veteran daniel penny in the subway choke death of jordan neely. we're watching that story. more reaction from former

president donald trump's historic prosecution. >> is justice being administered fairly? if his name was donald smith, would this be happening? most people recognize no. there's a different level of treatment. lot of people have just said they want to target donald trump. >> harris: that is representative steve scalise. a live report from nate foye on the next steps. former trump acting attorney general matt whitaker is in focus. this day, june 14th in 1777 our nation adopted the original flag of the u.s.a. just 13 states back then. also, june 14th, 248 years ago today, the u.s. army was born. june 14th has a lot of meaning especially for my family. 1937 on june 14th, my dad lieutenant colonel bobby harris was born. dad said he felt like god had something special for him.

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>> what is being done to president trump should terrify all citizens of that country. these are not the ideals that our democracy is founded upon. this is not our america. >> harris: that's spokesperson for former president donald trump. who says that department of justice is corrupt. she's also on his attorney's team. trump, the gop 2024 front runner still is calling the federal prosecution a heinous abuse of power. he's pleaded not guilty to the dil37 federal charges. last night, he spoke from the club at that bedminster, new jersey property. tearing into those charges that

he mishandled classified documents. many republican lawmakers say the charges are politically motivated. >> the spectacle is this prosecution. this prosecution was a choice. there was certain harm from this. this will deeply divide our country doing damage to america. >> i think people see this for what it is. it's politics of the worst kind. when you try to criminalize your opponents. lot of americans saying enough is enough >> harris: let's go to bedminster. >> reporter: he believes the presidential records act, allows him to maintain classified documents even after leaving the white house. listen to him last night. >> whatever documents a president decides to take with him, he has the right to do so. it's an absolute right. this is the law.

that is something that people have now seen and it couldn't be more clear. they ought to drop this case immediately. [ applause ] >> reporter: harris, the prosecution disagrees with that interpretation of the law. after trump was done speaking, he hosted a fundraiser with his top donors. his campaign expects to raise with $2 million from it. all that came after trump pleaded not guilty to 37 felonies in miami federal court for his handling of classified documents. so far the indictment is actually helping his 2024 campaign with polling and fundraising both up. republican congressman ken buck calls the allegations against trump very serious and he had this to say about his candidacy in 2024. >> i would not feel comfortable with a convicted felon in the white house. we'll see how this plays out. we'll see how the evidence is presented and what the defense

are. >> reporter: harris, former president trump does not have any travel restrictions. he'll be able to continue on the campaign trail. however, he is restricted from talking about this case people who are involved. that includes walt nauta. back to you. >> harris: thank you very much. i want to bring in matthew whitaker now. former acting attorney general under president trump. we showed the resilience politically that the former has so far and being able to travel will help him. i want to concentrate on the legal case. one former trump attorney, put this out. i've been going through these points. these are the ways that the attorneys representing trump can really fight back. today, i want to concentrate on

attacking that search warrant. get your thoughts and expertise. >> as i looked at the search warrant at the time, i felt it was very aggressive application of the laws. this presidential records act really doesn't allow the government to go in and grab these documents. it's a negotiation between the parties between the national archives and the former president. to overlay the espionage act on top of that as to basis to go in and execute a criminal search warrant, i thought it was very aggressive tactic. obviously, under the law, if you can get the search warrant thrown out and the product of the search warrant, that would make this case go away. that being said, some of these -- i think the president said it pretty well. the case law in this area really leans towards donald trump.

there's some novel issues that we have to see how the courts handle it. i don't think between this trial court judge, and the supreme court, i don't think the courts are stacked against donald trump in this case. >> harris: i want to show you something from former vice president mike pence. there's a little bit of migration among some of the responses from gop candidates, since that indictment dropped. he says now, i can't defend what is alleged but the president is entitled to his day in court. after years of politicalization, it's hard for me to believe that politics didn't play some role in this decision. he's had more harsh words for the process previously. this is just straight down the middle. this is equally applied or it's unfair. as you said, this is an aggressive application of the law. >> you know, vice president pence, i predicted at the time

before in indictment was public that it was going to be a speak it indictment. which lays out the evidence. that's what this case did. some people were uncomfortable with the recorded conversation that's been included in the indictment. there are some facts in here that certainly sort of are concerning. but they are allegations. i think one of the things that we need to remember, this was the federal government, executive branch under the control of joe biden, through his attorney general, has a very aggressive prosecutor. as we talked about both in the case against virginia governor bob mcdonald and others. he's taking aggressive posture on the statute that have been reversed. this is a case where they lay it out and it's the allegations

look strong. i think they erode quickly once you start to chip away at the motivation. remember, i think it's been said best. it needs to be said, this case didn't need to be brought. there was no -- these are highly sensitive documents, national defense information. this could have been handled in a very separate way. >> harris: very quickly. politico is reporting that president biden has ordered the dnc and his reelection team to remain silent about the indictment. some allies are worried that it's a missed opportunity to hit trump. your last quick thought. >> throwing cheap political points, incredibly difficult time in american history. i think would not be viewed by history as the right thing to do. i don't disagree. >> harris: i think more worried about the voters in the immediate future and how that could backfire.

all right, good to see you. i'm sure i'll see you soon. dramatic testimony at a hearing on the dangers of artificial intelligence. an arizona mom telling lawmakers about the horrifying telephone call she got from scammers who used ai to perfectly mimic her teenage daughter's voice. all part of a kidnapping and ransom scheme. they wanted some cash. plus, new accusations that the fbi is turning a blind eye to the biden bribery allegations. >> just when you think things can't get worse for the fbi, they do. in terms of scandal and abuses. >> harris: what are they going to do over that agency now? clean that up. i thought they were doing that after the durham report. republicans promising to get to the bottom of the tale of the tapes and now demanding a special counsel, somebody else to step in and investigate. senator marsha blackburn in focus.

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realtor.com to each their home. my name is shannon knight, and i own little knights daycare. carolina sports incorporated. a paradise for parents. lomita feed, current caretaker and owner. we did not know anything about the employee retention credit. that is a legitimate tax credit. so innovation refunds has really helped guide me through the process. just had to get a few of my records together, submit that, and they made it as painless as possible. i can't thank innovation refunds enough for what they did. >> harris: the gop is digging into explosive audio evidence that apparently dates back many years. republicans on the house oversight committee which talked about those 17 recordings allegedly, which showed the trail of joe biden and family bribery crimes that they are

accused of. ukrainian energy board executive at barisma is claiming he paid millions in bribes to the bidens. he kept those audiotapes as insurance. >> is the white house aware of any recordings which the president might be on tape speaking to a barisma executive? >> the president spoken to this. i'm going to say it's ma larky >> harris: top republican steve scalise said he'll stop at nothing to uncover the truth. >> the whole biden family of corruption that's been laid out by the oversight committee and the biden family fighting this. they went through other means to find out the bank accounts. we're going to keep digging. >> harris: several gop senators sent a letter to

attorney general merrick garland. they are demanding he appoint a special counsel to investigate president biden's role and his family's international business dealings. senator marsha blackburn is one of those senators, serving on several committees including judiciary. she's with me now. senator, just walk us through what's going on and what you really wanting them to do and how you get it done? >> yes. the reason for having a special counsel now is because we're getting so many different stories out of the biden administration. joe biden and his family could clear this up by coming out and telling the truth. harris, what we have also seen through our work at judiciary committee is it appears the d.o.j. and fbi are making a choice to shield the biden family. this was evident yesterday in our hearing with deputy director

before us the judiciary committee. >> harris: senator, if you allow me, i want everybody to see that. stand by, we clipped it. a big fireworks yesterday. you their the senator talking about it. senator lighting up fbi deputy director about the bribery claim and the document on it. let's watch together. >> you own obligation to the american people to be candid by evidence of corruption by the president of the united states? >> this is an area that i'm not going to get into. >> i understand you don't want to. that's why people are mad at the fbi. you're stonewalling and covering up. >> will you commit to releasing? >> we'll take that back and we'll work with you and this committee. >> how about yes or no? >> harris: answer the question. one more here, senator. that same official insisted the document has to stay secret. watch this. >> it's unclassified. don't you think the american

people have a right to see it? >> the document contains sensitive information that has bearing on the life of the source of the information. potentially. >> you can redact the source's name. we do this all the time. >> in some instances, senator, i know this, that is not sufficient to protect people. >> harris: you know why this sound like hockey puck. if it were that sensitive, why it wasn't classified? >> harris, what we found out at first he told me he was not sure there were recordings. then, he told me that he had redacted the portion pertaining to the 17 recordings. then when i asked for further explanation, he said it was a matter of life and death for the source. then senator hawley followed up on my questioning of that.

here is the thing. they are making that choice to redact this. they came before us and had different versions of this story. because of this and because they are shielding the bidens, because, obviously, they have the recordings or they know of the recordings because they chose to redact and then said it was a matter of life and death. so, we feel like we caught him in this. we need this special counsel. if joe biden and his son, hunter, took this bribe, if these recordings do exist, the american people deserve to know about this. >> harris: 100%. not to mention, on this program, representative jim jordan who's chairman of your judiciary committee, said, you all saw redacted versions of that. there's 17 recordings, mention of them and who put them together was not there when you

saw it. however, when chairman james comer saw it. he saw unredacted version. those 17 records are in there. i don't know why they perpetuate a different story at high levels of government outside of capitol hill. this is gettable. this is gettable because you already shown it to some people. >> that's right. harris, they are trying to buy time and shield the bidens. >> harris: why? >> they have a history of doing this. you can look at 2016. what they did to trump. what they did with hillary with russia collusion. what they did in 2018. what they did in 2020, 2022. they were politicalized and they are weaponizing the d.o.j. and the fbi against private citizens in this country. they are picking and choosing. they are defending some going after others. it's two tiers of justice.

it has to stop. we want to get to the bottom of this. it is final for a -- it is time for a special counsel. >> harris: you could reach out to that executive at barisma. that's a matter of time. i'm glad you're with me. both sides of the political aisle are looking to fight the threats posed by artificial intelligence. you're hearing yesterday, every single senator was like bipartisan. a testimony from arizona who was the victim of a kidnapping host. she said scammers used ai to replicate her teenager voice as they demanded $1 million for her safe return. >> it wasn't just her voice. it was her cries and stob -- stobs. i was furious. i lashed at the men for the horrible attempt to scam and extort money.

i made a promise i would stop them. i hung up and i went to relief. i called the police. i met with prank call. it happened often. there's nothing that can be done. >> harris: just jury reaction and what was accomplished at that hearing? >> senator ossoff and i did this hearing through our subcommittee on human rights at judiciary committee. what we're seeking to do is look at how ai is used for bad and evil and also, how it can be used for good. it is important that we put the guardrails in place. the fact that someone can threaten you, using technology or in the virtual space, they can harass you. they can stalk you. they can impersonate you. there is no statute that allows

you to prosecute those individuals. this is something that we are looking at, that we are planning to address. yesterday's hearing was insightful. your viewers k pull -- can pull it up on my website or social media @marsha blackburn and look at what we're going to do to address ai. >> harris: lot of things are digital by voice now. if somebody can ai produce your voice, my heart breaks for that mom. her daughter is going to be okay. that's got lasting effects. if they empty your bank accounts and you can't get a doctor's help because somebody impersonated you, it's endless. thank you for being on this. it's bipartisan. we'll continue to cover it. good to see you. dodging questions and tearing into reporters. the white house press secretary

is accusing reporter trans athlete dangerous. hillary clinton is delighted over donald trump's prosecution. >> on thursday the department of justice indicted former president donald trump. i know. >> harris: the queen of taking classified documents. i thought that was hilarious. with 32 years in the navy, i know personally what it means to be deployed and how much we want to put down roots when we come home. as a veteran, you've earned the right to apply for a va home purchase loan, with no down payment. with the newday va loan, you don't have to save up to move up. helping veterans buy a home of their own. that's what we do. from newday usa. welcome home.

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>> harris: we're waiting for this to happen. grand jury set to very soon decide whether to indict former marine daniel penny. you'll remember, he's charged with manslaughter after the choke death of jordan neely aboard a new york city subway. witnesses say they were being threatened. >> the three main threats were, i'm going to kill you. i'm prepared to go to jail for life and i'm willing to die. >> grand jury proceedings are secret. fox news has learned the grand jury is set to vote on whether to indict or charge daniel penny with second degree manslaughter. since may 31st the grand jury has been listening to evidence and witness testimony to

determine not whether penny a guilty or not guilty whether there's legally sufficient evidence and reasonable cause to indict penny for the chokehold death of 30-year-old jordan neely last month. manhattan district attorney alvin bragg believes they have enough evidence including witness interviews, photos and videos to prove that penny wrecklessly cause the death of mr. neely including holding him had a check hold. penny defended his actions, saying he never intended to kill neely. he described he was trying to defend himself and the other passengers who were scared by neely's verbal threats. he wanted to kill and die on board that subway train. just 12 people on the 23-person grand jury, harris, need to vote yes for the case to move forward. the bar is low.

they say d.a.s could get grand jury to indict a ham sandwich. witnesses on board that train car in their perspective will be key. harris, penny's attorneys reportedly planning on allowing him to testify in front of this grand jury. fox news has learned penny will not testify. not surprising, it's rare for lawyers to put defendants in front of grand juries because the defendant could say something incriminating. >> harris: they released the videotapes. if you look at them, they have got a lot of viewing. they feel like, i would guess, feel like they got the word out uninterrupted. brian, thank you very much. so, critics are pointing to this ridiculousness. hillary clinton cackling with glee over former president donald trump second indictment. million calling it ironic given her 2016 e-mail scandal. >> i have a lot of reactions to

it. i think the best reaction publicly is you know, let's see it unfold and see what happens. >> i think that's a perfect answer. we have a shirt for you. it says, just in case -- it says potentially impartial but potential juror. [ laughter ] >> harris: oh, hilarious. here's some twitter ratio on her. next time you interview crooked hillary, ask her where the 30,000 e-mails she destroyed? another said, this is the same trader who use her illegal e-mail server. laughing because he never learned how she escaped indictments. fox news contributor is here. it's not just ironic and it's not just rich but sad. >> what happened to decorum? what happened to being the so called leader in the room?

let's not forget, you lost your election because of your crookedness. let's not forget that. she didn't get charges put on her. she lost the election because of her unhand dealings. let's remember that. for her to be so happy about it, that was an opportunity for her to be gracious and the leader. she can't stay away from herself. >> harris: maturity doesn't come with age. >> it doesn't. it's sad. currently, the given climate where everybody is after each other's throat. here's a chance for a leader to show a little bit of class. you don't have to like president trump. you can think he was guilty or innocent. it was an opportunity for her to show what leaders supposed to do. this is probably why we didn't elect her.

>> harris: testy exchange here over trans athletes and women's sports during the yesterday's white house press briefing. you got to see it. >> her daughter may have to compete against a male. there could be directly athletic competition. >> look, what you're alluding to is saying that transgender kids are dangerous. it soundings like that's what you're saying. you're saying that their safety is at risk. >> harris: the reporter clearly did not say trans kids are dangerous. a poll out this week shows nearly 70% of american adults says trans athlete should be able to compete against those of the same biological agenda. people have never really felt soft on this issue. they've always felt like trans athletes versus trans athlete.

>> this is the problem whenever you tgi fr -- you have, he askea specific question. trans, biological men who transition to be women to go compete in women's sports. very select small group. every time you try to have an intellectual conversation with an advocate, it's always the answer is, a group. he didn't say all transgender -- >> harris: he didn't say they were dangerous. >> he said it's not fair. it's not fair. we used to have to step on eggshells on this. the other side went have a reasonable conversation. there's no more eggshells. there's no place for biological men in women's sports of any kind anywhere. we saw it with the volleyball, we saw it with ufc fighting and swimming. we saw a bike race where a transgender woman won by four minutes.

that's laughable. >> harris: biological male. you're an athlete. you know. >> i'm not surprised. this is typical with her. we can never get a decent answer from any form of thinking. i'm sure now he's now a phobic. he's now transphobic. >> harris: she was looking through different set of prism or victim type of thing to look at word safety and migrate to saying you're saying trans kids are dangerous. this administration is about to mess with title ix. those young women are not safe from the administration that wants to change the game on them. i don't know how she migrated all the way to dangerous. it wasn't hard for her to ask him to re-ask the question. as reporters we do that all the time. it sounded like an agenda. >> thank you for being here.

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