cole singing with her father not king cole, so i don't know, i love this. i want to see where it goes. it was so beautiful then, the way they had managed to recreate that. >> i want some more "sweet home alabama" and "free bird." here is "america reports". don't forget to dvr the show. >> allegation, congresswoman nancy mace says damning evidence in the fbi file, do you have a response to congressional republicans? >> where's the money. i'm joking. >> mr. president -- >> it's a bunch of malarky. >> president biden laughing off the serious bribery allegations against him. lawmakers on the senate judiciary committee say it's no laughing matter, accusing the fbi of keeping details under wraps, and pressing the deputy director of the fbi on the matter. >> he refused to answer their

questions further fueling gop accusations of stone walling. is the fbi hiding key documents and tape recordings on the multi-million dollar scheme. we will ask john kennedy coming up, senate judiciary member. >> john: first awaiting a decision in the daniel penny case, as a grand jury could vote as early as today on whether to indict him in the death of jordan neely. hello, john roberts in washington. we made it to the middle of the week. >> sandra: sandra smith in new york. this is "america reports." grand jury set to consider a couple of things, including whether neely posed a threat to the safety of other passengers on the train and if penny used excessive force to subdue neely during the may 1st incident on the subway train. >> john: we have complete conversation, joe borelli will join us in a moment.

>> sandra: bryan, what exactly is happening today, what are we waiting on? >> sandra, good to be with you. from what we have learned, the vote by this grand jury could still very well happen today, as early as today. grand juries are secret, but this grand jury has been considering evidence and listening to witness testimony in the daniel penny case since may 31, a 23-person grand jury. deciding not whether penny is guilty or not guilty, but rather legally sufficient evidence of a crime and reasonable cause to believe that penny committed that crime. in this case, they are considering whether to indict penny on second degree manslaughter charges. the bar is low in the grand jury process, 12 people on the 23-grand jury need to vote yes for the case to move forward. manhattan district attorney alvin bragg believes they have

evidence that he caused the death of jordan neely by holding him in a chokehold even after he stopped moving last month. the key witness testimony will no doubt be from on board that subway train. one 66-year-old woman called him a hero, but another man believes he went too far, so did the police for not arriving on time. his attorneys were to allow to him to testify, but he did not testify. we put the clips on which the marine veteran defends himself, saying he and fellow passengers were scared of neely and he only meant to restrain and not kill him. the vote could happen as early as today. >> john: bring in joe borelli, new york city council minority

leader and as bryan was mentioning, daniel penny did not appear before the grand jury, his attorney did put out some clips in an interview he did which he explained his side of the story. play one of those for you now. >> three main threats he repeated over and over was i'm going to kill you, i'm prepared to go to jail for life, and i'm willing to die. we were all scared. mr. neely was yelling in these passengers' faces and he looked terrified. >> john: a case that comes to mind, the bodega worker who was charged with murder after killing somebody who had attacked him and only when the video came to light bragg dropped the charges. do you believe as more evidence comes as witnesses described the events leading up to the moment he put him in the restraining hold that penny might be cleared of this? >> i sure hope so. you brought up jose alba, and if

there's one thing that proves, this manhattan district attorney has his priorities not necessarily in the order that most new yorkers might. there's one thing that we also have learned from these videos and from the witness statements that the narrative that sort of was circulating after this incident happened has not panned out. there was not just one person, daniel penny restraining this individual, there were three people, three men made the independent decision to intervene, and those people are not helping jordan neely, they were helping daniel penny restrain him. now we have the testimony allegedly from the woman who called daniel penny a hero. i think this erodes a lot of the narrative that alvin bragg is hoping to convince this grand jury enough of them to indict. >> sandra: joe, thanks for joining us. this is neely's attorney slamming penny for that chokehold and making the case he should have known better about his actions. >> when you are trained in combat, that gives you something that the average person does not

have. daniel penny chose, intentionally chose a technique to use that is designed to cut off air. we believe that the conviction should be for murder because that's intentional. >> sandra: what about that point that the lawyer is making there about daniel penny should have known, considering his training? >> well, i do believe believe that's any standard in law, and certainly to say this is murder, in other words, that daniel penny set out that day to kill someone is beyond preposterous. i think when the evidence comes out it's going to show new yorkers by and large are very fearful. 30th stabbing on a new york city subway last night, 30th since 2020. people are extremely concerned. these kinds of things are happening more and more so i think absence the real crackdown by the police on what's been happening below the ground here in new york city, you might even

see more of these incidents happen. >> john: one thing we have not seen yet, joe, is the toxicology report on jordan neely, and i don't know if we are ever going to see it publicly. we do not know if he might have had something in his system that contributed to his death. there's a chance he didn't -- but it's possible he might have. >> yeah, i would tend to agree. i heard from his attorney on a radio network earlier today saying they have not even received -- daniel penny's attorney saying they have not received the toxicology report, and that would lead me to believe that alvin bragg does not want to bring that information to the grand jury. i suspect it would exonerate to some degree what mr. penny is accused of doing. we don't know what specifically happened before the incident took place, but the narrative that the al sharptons of the world have tried to bring about,

it's not panning out. it's not race-based or that this was vigilante justice. what you have were three individuals, not just daniel penny, who felt threatened enough by this person and decided to intervene for the protection of the other passengers on the train. >> sandra: we will know more soon. thank you, joe. >> john: thank you, joe. >> sandra: a group of would be burglars chose the wrong time to strike. deputies chasing down and arresting these four armed men after a routine surveillance helicopter apparently spotted them trying to break into a florida home and it was all caught on camera. charles watson has this for us. what exactly are we learning was happening there? >> well, look, sandra, a lot going on, but this is a case of proactive policing leading to a case of bad luck and bad timing for four suspected criminals in sun city center, florida, who according to the sheriff's

department down there, were caught in the act as they were trying to barge into someone's home while armed with weapons. >> all three subjects are in the vehicle, driver never got out, vehicle is moving. >> what the guys seemingly didn't north america the hill hillsboro sheriff's office was doing routine surveillance and stumbled upon this. the sheriff's office says the camera from the chopper caught two of the men run up to a home, and then threw bricks at the door and wait for someone to exit, and then another is yards away serving as a lookout at a home across the street. no one comes to the door, the suspects leave. patrol units attempt to stop them but the men allegedly flee deputies. that eventually leads to a foot chase after authorities say the

suspects dump their car and firearms that are later recovered. deputies do eventually arrest the men, 18, 19, 20 and 21 years old, they are all staring down a list of charges, including possessing a firearm during the commission of a felony, and throwing a deadly missile. the sheriff had this to say and the statement, the proactive observations made by our patrol and aviation units prevented a potentially dangerous situation from escalating further. the recovery of multiple firearms further emphasizes and our prioritization of the safety and well-being of our community and sandra, how lucky are the folks who didn't answer the door at the home that was targeted as the sheriff alluded to in the statement. it could have gone from bad to worse very quickly. >> sandra: absolutely, charles watson on the crazy story. thank you very much. >> john: home invasions are terrifying. happening now, attorney general merrick garland meeting with justice department officials on

violent crime ahead of a potential surge over the summer. it's an issue that has plagued the biden administration since day one. garland saying more than 6,000 people have been prosecuted for violent crimes this year. we'll keep watching what's going on there and let you know any developments that come out of it. sandra. >> sandra: a new report on the origins of covid raising questions about our immediate response to the pandemic, and the theory constantly pushed by dr. anthony fauci that it all happened naturally. what that report says actually went down in that wuhan lab. former cdc director dr. robert redfield shortly. >> john: karine jean-pierre is expected to be asked on questions, then vice president biden took part in a $5 million bribery scheme. senator john kennedy is next on

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>> what do you say to the majority of americans who believe the president is himself corrupt? >> the president has spoken to this and there's nothing to these claims. >> john: white house press secretary karine jean-pierre and national security council spokesman john kirby acting stunned, following allegations of a bribery scheme. and refusing to comment on

details when grilled by the senate judiciary committee if the bureau was covering up for the president. bring in louisiana republican senator john kennedy. a member of that committee. fbi had information from an informant as far back as 2020 that then vice president biden and his son were allegedly involved in a $10 million bribery scheme between the two of them. the big question is, what has happened with the investigation since that information came to light? >> well, look, i think the fbi is the premier law enforcement agency in all of human history and i'm not going to vote to abolish them or defund them. but you don't have to be euclid to know over the past five years there have been people at the fbi and at the justice department who have acted on their political beliefs.

i mean, the fbi director comey investigated president trump on evidence that the hillary clinton campaign gave to him. it was inevitable why president trump's prosecution that the issue of selective prosecution was going to be raised. what about secretary clinton's emails, for example. now senator grassley, who has a great deal of credibility, has received a document from a whistleblower inside the fbi based on a trusted informant that says president biden has been bribed and that the people that bribed him have tapes. now, i don't know if all of that is true or not but we are entitled to see that document, first the fbi said we can't even tell you that it exists, and then they said you can see it

but it has to be redacted, they won't tell us whether they even investigated the allegations. the only people who can fix this, john, are the head of the fbi and the attorney general. so -- >> john: so -- >> the american people understandably have doubts and only chris wray and the attorney general can address those doubts and you can't find either one of them with a search party. they just won't answer. >> john: those doubts were really heightened when senator grassley said look, i looked at the redacted 1023 documents and found out part of what was redacted was the information that there were 17 recordings of phone calls between joe and hunter biden and some executive from burisma. senator blackburn of the great state of tennessee asked paul about that yesterday.

>> you chose to redact the fact that there are 17 voice recordings, two of those with the now president. you chose to redact that and not to give that to house oversight. >> i have no idea if there are voice recordings or not. >> john: how is it the deputy director of the fbi wouldn't know if there were recordings or not? i would think that he would have read that form. >> i think he does know. i don't think he's being allowed to say. and these are fair questions and the american people are entitled to the answers. and particularly in light of the way the fbi acted when president trump was president and now the way they are acting while president biden is president. these are fair questions. and only the fbi director, director wray, and the attorney

general can clear this up, and neither one of them will say a word and trust me, it is just not gonna get it anymore. >> john: there are obviously questions about a double standard that are being raised in relation to the documents investigation. former president trump getting popped, so far biden has skated when he's being investigated for the same thing. and then there's all of these allegations the fbi has regarding bribery. do you believe that attorney general merrick garland is running cover for the president? >> i believe that a lot of people believe that. i don't know. but i believe there's a perception out there among the american people. there is certainly a perception of that on congress and only the attorney general can address that and dog the bounty hunter couldn't find the attorney general right now. he refuses to talk about it, so

dec does the fbi director. integrity of the fbi as an institution and department of justice, the two heads need to look the american people in the eye in front of god and country and tell them the truth. and until that happens this isn't going away. >> john: if dog is looking for the attorney general, he's on pennsylvania avenue at the department of justice right now, apparently he's in a meeting. senator, thank you so much. we really appreciate your time. >> thank you. >> sandra: well, john, speaking of attorney general merrick garland, he has spoken for the first time on former president trump's arrest. here is this from just a moment ago. >> so as you know, i can't talk about the particulars of this or any other ongoing criminal matter. as i said when i appointed mr. smith, i did so because it underscores the justice department's commitment to both independence and accountability.

mr. smith is a veteran career prosecutor. he has assembled a group of experienced and talented prosecutors and agents who share his commitment to integrity and the rule of law. >> sandra: obviously he's talking about jack smith, the special counsel he appointed to oversee the investigation, and he issued the indictment of the former president. >> john: the special counsel statute is different than the independent counsel statute. independent counsel statute back in the ken starr days, autonomous. and you can bet before jack smith got near an indictment of the former president garland had to sign off on it. >> sandra: we just got that in. we will continue to monitor his words. >> what you are alluding to is

basically saying that transgender kids are dangerous. that's something that i have to call out and that is -- that is -- that is irresponsible. >> john: press secretary karine jean-pierre ripping into a reporter who asked about safety concerns of transgender athletes in women's sports. charly arnolt next. plus this. >> sandra: just wanted to go for a little evening swim. it was man versus wild at one florida home. wildlife officials working to move the large crocodile taking a dip in the pool as it thrashes back. one of the trappers is john hardwick. he will be here to join us on what it took to rein him in.

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>> john: fox news alert, severe weather outbreak across the south with tornado warnings in alabama, florida. how dangerous is it going to be, adam? >> john, we are already beginning to see some of the tornadoes spin up and the ingredients through the overnight hours, severe thunderstorms also an issue. a look across the southeast with a little pile there of tornadoes now popping up near the alabama-georgia border. looking at radar-indicated tornadoes, a couple of those with hail size up to three-quarters of an inch. this warning lasting to 1:30 in randolph county into georgia, and then we see everything in these pink boxes, those are observed tornadoes on the grounds. something similar will fire up, the ingredients are here across this entire region, including a good chunk of georgia, across alabama. in alabama, we are looking at

the tornado watch, which means the ingredients are there. you are talking about the watches until 5:00 p.m. and then 7:00 p.m. stretching over to portions of southwestern georgia. it's all across an area where really abnormally we are looking at conditions that typically are here across the entire region. they are here for today stretching all the way back across mississippi. so, john, what we are seeing right now, this is just the beginning. i expect it to continue all the way into the evening hours. so folks in this area need to pay attention and be careful. >> john: adam, i saw the possibility of a derecho. is that in effect? >> winds up to 60 miles an hour, cover 400 miles. they rarely mention it and it's still a possibly before the day is over. >> john: i was in atlanta when one came through, we went to the basement for a half hour. >> i have been, too, winds up to

100 miles an hour. >> john: thank you, adam. >> what would the president say to parents who have daughters, say in high school, for example, who are worried their daughter may have to compete against a male. >> what you are alluding to is basically saying that transgender kids are dangerous. you are saying their safety is -- is at risk. that is a dangerous thing to say. that essentially transgender kids we are talking about are dangerous. and so that's something that i have to call out and that is -- that is -- that is irresponsible. >> sandra: and that is white house press secretary karine jean-pierre which by the way we are expecting her again in just a few moments from now, we'll be listening in at the next briefing, but there she was pushing back yesterday against a reporter after he dared ask a question about safety concerns for girls competing against transgender athletes. let's bring in outkick host charly arnolt.

did you see anything wrong with that question posed to the white house press secretary? >> absolutely not. i think it's an issue that is on a lot of parents and people's minds. we are seeing instance after instance of biological men putting themselves into a woman's division and taking away opportunities and trampling on the success of these women who have worked so long and so hard to get to where they are. it's really -- it's really pretty terrible. yos

morning, forcing girls to compete against trans athletes is also dangerous says the op-ed. and talks about various athletes who have spoken out on thi peyt gaines and others. mcnab, said she had to quit volleyball of an a formerly male player spiked the ball into her face, and letting people who have gone through puberty as boys compete in girls's and women's sports is not just unfair, it is dangerous. >> this incident, the safety of women is being jeopardized. >> on september 1, 2022, i was severely injured in a high

school volleyball game by a transgender athlete on the opposing team. i suffered from a head and neck injury i'm still recovering from. >> we ban.

i think there should be an extra division for transgender athletes who don't want to compete against their biological sex competitors. they obviously can't compete against women, there should be a trans division. we also saw a couple days ago, a trans athlete entered into a women's cycling competition, beat the runner up by five minutes. tell me in any world it's fair. >> sandra: and hard to pass judgment when you don't have somebody directly affected by this, mcnab says it should not come at the safety or dignity of young women. it's basic decency. finish off with this poll on americans' views of transgender in sports. the number who say that those transgenders should only compete on the teams that match their birth gender, it is a majority, and it is growing. it's at 69% as of may 2023. and the number who say they should be able to play on whatever team that matches their

identity, that number has dropped, quite significantly to 26%, >> john: leaders in the wisconsin county of dane are expected to take up a vote tomorrow on whether to become a sanctuary county for transgender and non-binary children and adults. if passed, the measure would make adolescents access to gender transition drugs and irreversible medical procedures a fundamental right. 25-year-old prisha has transitioned back to a woman after undergoing it at a young age. where do you come down on this idea for the sanctuary county for the medical procedures and interventions for adolescents? >> um, i think it's an extremely dangerous situation. first of all, it sounds like virtue signalling by the adults

in the county who are even proposing this idea. no one has the right to sterilize a child or someone in mental distress. >> john: what the resolution says in part, if the state of wisconsin passes a law that imposes a criminal or civil punishment, fines or professional sanctions on any person or organization that seeks, provides, receives or helps someone to receive gender affirming care, puberty blockers, hormones or surgery, the dane county board of supervisors urges the sheriff to make enforcement their lowest priority. it would allow the sheriff to ignore the law. there are a lot of states that are passing these laws because they believe it's in the interest of children to keep them away from the pressures of certai

reassigning surgery and puberty blockers are helpful to them or if it's harmful to them. based on your experience and what you went through, which do you think it is? helpful or harmful? >> it is only harmful. whatever you are going through that caused the gender disforeya is still going to go on after you undergo gender reassignment. you will still be traumatized or mentally ill or whatever it is,

but just now in a mutilated body. >> you had a double mastectomy at the age of 18. girls as young as 13 are going through the double mastectomies through the double mastectomies and yo

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>> john: proving billy crystal to be correct when he said there's a big difference between mostly dead and all dead, and incredible story out of ecuador,

76-year-old woman who had been declared dead woke up five hours into her wake and began knocking inside her coffin. bella had suffered a possible stroke and did not respond to resuscitation efforts, prompting doctors to issue a death certificate, that was a little premature. montoya was taken back to the hospital where she remains in intensive care. >> sandra: i'm not buying it. >> john: like the scene out of monty python, i'm not dead yet, yes, you are, no, i'm not. >> sandra: you either have a pulse or you don't, and if you don't one for a certain amount of time -- >> pulseless electrical activity, and is suddenly the pulse started up, and whether or not she'll ever recover, we are praying for her, wish her well.

but wow -- >> i hope when she woke up all the loved ones she would expect would be there were there. >> john: you would hope, wouldn't you. >> sandra: just saying. >> john: a follow-up, i'm sure. >> sandra: in a few moments, the americans will find out if the federal reserve will hike interest rates or hold them steady. it could have major consequence ons the cost of living, the cost of housing and your wallet. jerry, i have already enjoyed our conversation off the television screen, but on to the federal reserve, i think it's one of those topics a lot of people at home go just tell me what it means for me, and right now people are living through what is still record high inflation, right. we are still dealing with 4 or 5% inflation in this country, prices are up there, the fed is trying to tame that, while they are doing that, running up interest rates. more people are taking on credit

debt, housing payments are going up, what is the fed going to do here? >> everybody, the general expectation they will pause, they have been raising them for a year and a half, and now expected that they will stop because they raised rates so much they think they are getting on top of inflation. but you are right, sandra. we had the inflation numbers yesterday, now the headline inflation rate is coming down. so-called core inflation, but the stuff that strips out the volatile. >> sandra: i don't get that, they strip out the volatile food and energy, that's what everybody cares about. >> but it does go up and down. the essential rate of inflation, does not fluctuate that much from month to month, it's over 5%. the big question, and why the fed may pause, is that going to come down. expectation it's going to come down because you talk about housing costs. housing costs have gone through the roof, whether you own a

house or renting. expectation is that is going to decline, some evidence of decline. rent costs are coming down, housing prices have certainly slowed. that will feed through to lower inflation. but the overall picture as you say, sandra, the most important thing is, inflation is running higher than wage growth, for 26 months. every month of the biden administration bar one has been seeing a decline in the purchasing power of the paycheck. they may be 3, 4, 5% increase, which a few years ago, was good, but 5, 6, 7 inflation, you are falling behind every year. >> sandra: bigger picture than that, you tell me. is that because of this president's economic policies? are we here today because of the spending under just this presidency? >> i think it's been made worse by the president. look, we did have a big spike in prices after the pandemic, we

know that, supply chain disruptions, massive, massive demand, everybody had all the money coming out of the pandemic, the supply chains were disrupted. classic economic picture. what happens then, prices go up. that was the first part of it. there's no question that the biden administration, when they came in and the democratic controlled congress passed the massive support plan which gave people even more money than they had -- >> sandra: talking inflation reduction act? >> that is -- >> sandra: only ran inflation and prices up. >> i'll sell you a bridge to brooklyn act. but no, that initial plan that p ut all that money in people's pockets, and pushed up inflation. >> sandra: we'll see what the fed can do, they are tasked with bringing the prices down, but it's a huge job. thank you very much, good to see you, jerry. john. >> john: sandra, lawmakers facing a growing homeless crisis in san diego. the newly approved proposal to

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>> john: ukraine is gaining ground against russia. coastal town of odesa coming under fire from moscow last night after vladimir putin admitted to losing dozens of tanks in ukraine. greg palkot is live in kyiv with more. and greg, what more is russia saying and doing? >> john, there have been admissions from putin but still the attacks keep coming. we just heard some more air raid sirens in kyiv. odesa smashed by russian cruise missiles, warehouses, shops, apartments were destroyed, three killed. and another village taken back from russia, good news, close ones were returned in a prisoner of war swap in russia. others remain concerned. >> it's a struggle inside a war,

gathering in kyiv and demanding release, thousands of civilians captured by forces. her father was seized last year, has not seen him since. >> we are fighting for the rights of the people who can't fight. >> moscow accuses them of things, and branded a war criminal, enduring hard conditions, even torture. >> of course we are hoping to see him, but i don't know when it will be. >> ukraine has pressed russia for their freedom with little response. this girl says i miss my daddy very much, i want him to come home. as families like this country remain torn apart. john, it is important to be reminded every day the human cost of this war. back to you.

>> john: and one that will continue to mount for the foreseeable future. greg, thank you. sandra. >> sandra: a live look at the white house press briefing room where we are awaiting questions to the press secretary and the white house on the alleged bribery scheme involving then vice president joe biden. we are going to get into that briefing when it wit

>> sandra: all new at 2:00, commutes, crocodiles and chocolate milk, but all serious business. a showdown