person. >> steve: full circle it? >> would be over zoom. >> steve: check out jimmy on fox radio and elsewhere. coming up 7:00 in new york city. let's start the second hour of "fox & friends" right now. ♪ >> any internal turmoil is a deadly threat to our state. >> with uncertainty surrounding vladimir putin's leadership, u.s. officials are taking a measured approach. >> there was no u.s. involvement whatsoever. >> if he was president [inaudible] >> newly released iewdio of president trump speaking about military strategies in iran. >> that was a massive amount of paper talking about iran and other things. >> the central u.s. facing heat advisories well above triple digits to 118 degrees if there is a sign of dehydration 100 ploms ready to get on it? >> i'm not going to discuss. >> claimed he knew about his

overseas business dealings and him millions of dollars of cash. >> he was in a meeting with the chinese company. >> climate regulations taking a bite out of the iconic new york pizza slice. >> some more important things to worry about. >> pizzerias with coal and wood burning ovens will be forced to install pricy emission devices. >> give us pizza or give us death. audit yes emerging of president trump discussing highly confidential documents detailing attack on iran. >> ainsley: tape being used as evidence in the indictment handling classified information. >> steve: gillian turner joins us from the white house with more. good morning, gillian. >> good morning to you guys. the federal criminal indictment against trump references as you just mentioned the specific audio from back in july of 2021 taken at bedminster in new

jersey. the indictment says that in it in this will tape what you hear is the former president showing classified information to a writer and publisher about the governor's plan to attack iran. the clip that was leaked last night runs about two anyones. take a listen to this clip. >> i just found -- isn't that amazing. this totally wins my case, you know, except it is like highly confidential secret. [laughter] >> secret information. look at this as president i could have declassified it now i can't. >> eight days ago on this network with our colleague bret baier the former president insisted when he was having this conversation he had no classified documents in his possession. he said what he was holding and referencing were news articles. take a listen. >> i shed i couldn't have. that was no document. that was a massive amount of papers and everything else talking about iran and other

things. and it may have been held up or it may not. that was not a document. i don't have any document per se. there was nothing to declassify. newspaper and magazine stories. >> trump responded to the audio by calling the special prosecutor jack smith deranged and accused him of leaking this tape himself. trump has already pleaded not guilty to 37 counts related to mishandling of the nation's top secret don't stashed at mar-a-lago. this instance was one of two prosecutors adding the former president mishandled the nation's secrets and compromised national security by illegally keeping classified information on his person and then sharing it in turn with people that don't have security clearances. we have not heard from the white house since this news broke last night. there is a briefing coming up this afternoon. you better be sure we will ask about it. back to you guys. >> brian: they are in a tough situation, gillian because robert hurd is investigating joe

biden that would bring up questions how is joe biden investigations? how many leaks have come out from robert hur's office about joe biden's documents, do you know? >> gillian: i do know? i would have to look into that and get back to you, brian. >> ainsley: i don't think any of them have. >> gillian: i don't think so either. >> brian: amazing tight ship. >> steve: thank you very much. regarding the leaking of this particular tape trump posted on truth social jack smith working in conjunction with the doj and fbi illegally leaked and spun a tape and transcript of me, which is actually exoneration. so, do you know what? if trump thinks it's an exoneration of him, prance somebody on his side actually did the leaking to cnn and maggie haberman. >> brian: makes sense. >> steve: it does, actually. >> ainsley: going to say in court trump says on tape sees a

president i could have declassified it. now, i can't, you know, but this is still a secret. is he saying on that tape. >> steve: yeah. is he admitting he has got classified documents. >> brian: sounds like the same tape. it's the same issue and what it was was there is a story that milley, after the president lost the election, was telling confidantes i'm worried that donald trump is going to start a war with iran and trump reads this wait a second, you are the one thatted to start a war with iran. i never wanted to start a war with iran. that's as much context as can you get. kind of surprised and kind of effective when he told bret baier hey, bret, these were newspaper articles there were no cop secret documents. he has a pushback on that. the other thick is clearly mark meadows has flipped. he has disappeared as chief of staff. he knows everything. and he seems to be in control of these tapes, you would think, oral his biographer does. in a book that nobody read, so we will see.

>> ainsley: that was the writer, right? somebody right writing a book about him? >> steve: you can hear the publisher and writer. >> ainsley: writing a book about meadows? >> steve: right, his memoir. trump's lawyers actually knew about this tape since march when one of trump's aides a woman by the name of margo martin was asked about it before an appearance in front of the grand jury. the government subpoenaed her copy of the tapes. the tapes are floating around on the trump side. we don't know exactly where it came from. but kayleigh mcenany was on with hannity last night and made it very clear, you know, this stuff is secret. and there are certain ways you are supposed to handle it, if true. watch this. >> we have to look at and respect classification. it's important for national security. it's important for the people who gather and collect that information and sometimes put their lives on the line doing so. oftentimes i should say. that being said, i agree this case would not have been brought against any other candidate. i have real questions about joe biden not just taking classified

information when he had no declassification authority taking them during a time as senator. he had no right to take them. have to think how this will be litigated on a national stage national election. president trump, one thing he can do here is he is say routinely on the campaign trail we are talking about me. but we should be talking about you, the american people. we should be talking about the economy. we should be talking about inflation. the horrors of the joe biden presidency. >> brian: that is such great advice. i hope the president takes it. quickly pivot and any time a reporter asks him from here on in he has a legitimate answer. right now the judge has asked us not to talk about this evidence in this case so i'm going to abide by that and even bret said i was surprised the president got in such details on the documents. i was prepared for him to punt on that question. i would like to bring something else up. i'm wondering if the timing is effective. the "new york times" gets these documents. gives it to cnn 25eu79 at the same time that hunter's stuff hits turbo speed in terms of

revelation and widespread interest. you don't script russia for do you tis timing for the biden investigation. anyone curious what joe biden managed to smuggle out of the scif that ended up at the university of delaware at one of his houses, one of his lawyer's places or in chinatown. >> ainsley: garage. >> brian: i don't understand how they can both be doing investigations and only one side is leaked out. >> steve: does sound as if the other investigation into januar. >> there is reporting this morning that five or six secret service agents have testified to grand jury about what happened with donald trump. >> after that georgia. >> absolutely. >> just won't stop right up until that election. and subpoenaing of the election. we have five g.o.p. candidates that are in new hampshire today, you have the vivek ramaswamy, you have governor nikki haley, you have governor ron desantis,

former president trump and will hurd he just got in the case. >> brian: is he going to be joining us later. can i just say one other thing about what you were saying? >> ainsley: no, you can't. >> brian: about the investigation? veins. >> ainsley: yes. >> brian: if you are a secret service agent, you have to be comfortable -- if you are speaker mccarthy, if you are president trump, if you are president biden you have to be comfortable with secret service agents sitting around your family 24 hour as day. got jump in the shower. jump in the pool. meet with my friend. going to a high school graduation. now all of a sudden you have got go i have a private conversation here. can you leave? because an investigation is now flipped the attorney of entrepreneurship and now they are these secret service on the as auspices they think they might have heard something. secret service can be witnesses at the same time they have to be everywhere you go. to me, that's a tough situation

makes sense the department of justice would say hey, law enforcement, what did you see? >> ainsley: if he is having a private conversation inside the oval office are they in there with him? >> brian: of course. that's a good point, too. they could be outside. i guess there is the situation room. they are in his life. your wife comes up and you have an argue; next thing you know is that going to be on page 66 the "new york post"? >> steve: that's good reporting. >> ainsley: i was with this administration. i was with that what happens our first question how were they? were they nice? >> steve: they all tell us. >> brian: not really. >> steve: what we were talking about about all the candidates fanning out across the state of new hampshire, some good news for ron desantis. in 2020, the florida police benevolent association. the largest law enforcement agency down in florida supported donald trump. well, yesterday, they endorsed ron desantis. they said he would be the most

effective -- he is the most effective governor in the nation. he will make public safety a top priority in the white house. they said for over the 30,000 men and women in the florida association the choice for them could not be clearer. keep in mind, ron desantis invested $100 million to increase police pay. they also put in $20 million to help fight fentanyl overdoses which are very helpful things for law enforcement. >> ainsley: yes. yesterday he was at the border and he said his mission is to stop the invasion at the border. to stop the drug cartels and poisoning of citizens and build the border wall and he wants to reestablish the sovereignty of this nation. >> brian: i also think it's interesting that both desantis and trump are in new hampshire today and i guess they are both going tore the women's vote because there is a lilac lungs in concord and ron desantis has an event, too. so, they are all busy. it's new hampshire.

iowa, and south carolina. in terms of the vice president of the united states, i have never seen a more vice president more scrutinized because we have 80-year-old president who falls a lot and forgets where he is a lot. you wonder what would happen if he is going to run for rerejection at 80. 82 when he wins and 86 when he is done. the american public has just seen enough of the vice president to think she is terrible. in terms of everything that she has done. the way she speaks, unfamiliarity she has with major issues. 49% have a negative view. >> this is the general population. that's 32% with a positive view. 16% still neutral. this is after pr campaign to market her differently and pet her out there. she wants to be the abortion -- the abortion spokesperson for the administration. and so far that is not resonated either. >> steve: 32% positive is historically low. and, do you know what?

ultimately the democrats are probably banking on as low as her ratings are the republican nominee is going to be less popular. that's what they're banking on right now. >> brian: trump's numbers are higher than that even on his worst day. even when he was president. in the middle of the russia investigation. >> ainsley: look at where other vice presidents were. joe biden 34% positive in 2010. 47% positive had for dick cheney, that's big. 50% liked him that was in 2003. and 42% positive rating for al gore in 1995. that takes you back, doesn't it? >> steve: not too good for the vice president. all right. meanwhile, 7:13 here in new york city. now to this. a pastor in houston, texas being hailed as hero for stopping a home invasion. >> ainsley: man of faith chased down the suspect who was attacking his elderly neighbors and held him until police were able to get there. >> brian: todd prior roy joins us upstairs with the stuny details? >> todd: steve, ainsley and brian, wild story out of houston, 5 #-year-old shane

jennings barged into the elderly neighbor's home and shoved earl to the ground after wife sharon refused to give him a glass of water. pastor heath haines ran over to his neighbor's home when he heard cries for help and successfully stopped the suspect. watch. >> hey, put it down. put it down. put it down. hey. [struggle] >> drop the stuff right now. my wife has called the police. they are coming. drop the stuff right now. >> i did not do anything to him. >> why is he on the ground? >> stop pushing me. i can't even breathe. >> how do you think he feels, man? >> stop. >> i'm not going to stop. >> todd: this footage from haines point of view shows the suspect's unhinged attempt to drive away as you can see here. the suspect drove through a fence and around the bask the house before seriously damaging his car and bouncing off another car that suspect now facing six felony charges, including aggravated assault of an elderly person and assault of a peace officer because he allegedly

threatened haines with a branch. haines reflecting on the incident afterward, quote: there was a lot going on. i have had to make a judgment. i approach people with so much love every day. it's weird to approach someone to put your hand on them to control them to dominate them. his neighbors are grateful he did. cheryl connie telling reporters quote: if it wasn't for him we would probably be dead. steve, ainsley, brian, back to you. >> steve: he was in the right place at the right time. thank you, todd. it is a quarter after the top of the hour. and carley joins us with nuts now about a machete. >> i certainly do. update on that story that we van following for some time now. the new york city professor accused of holding a machete to a new york reporter's is due in court in mid august. rodriguez who faces three misdemeanors taught artifice history the hunter college she was fired after the "new york post" released the foolth footage. also went viral for a separate incident ransacked the student group pro-life display on campus

supreme court is set for a furious round of decisions to wrap up the month of june. 10 cases are pending before the end of the month including rulings on president biden's student debt relief plan and affirmative action and college admissions. yesterday, the nation's highest court agreed take on a case that will determine whether millions of veterans should be eligible for additional tuition money for the gi bill. the high court however will not hear a case surrounding dress codes and charter schools and race base dispute editorial map. we will be joined by fox nation host shannon bream this morning with a roundup. listen to this. pickleball injuries could end up costing americans up to $400 million a year? interesting report by ubs analysts revealing a rapid increase in injuries in players over 60 they say a rise in healthcare services connected to the sport actually caused a dip into insurance company shares earlier this month. we tried the sport out last

fall. had zero dollars on pickleball injuries thus far which is good news for us, guys. and it's a fun sport, too. >> steve: got to stay out of the kitchen, just saying. >> brian: i have seen that before when people talk about that trend cross fit. it was a boon for chiropractors and therapists. pickleball is not a contact store. spot not a lot of movement i'm stunned by this. >> carley: twist your ankle. >> brian: you can't ice that. >> steve: i had upons of friend it destroyed their achilles standing there until you try to go some place. >> carley: stay in bubbles. >> ainsley: cross fit extremely difficult. extremely difficult. no one really -- cross fit. i would love to be able to do that every day. do i have the stamina? >> steve: can you play pickleball. >> ainsley: pickle, any day. >> steve: sweeping the nation and you know how much the nation needs sweeping.

thank you. >> ainsley: putin's power struggle, is he vowing revenge on the group that tried to -- it was rebellious against his regime. >> brian: i heard about that. >> steve: rippling effect of joe biden's transathlete agenda felt by top ivy league swimmer. >> brian: first. it's not delivery. it's a protest ♪ when the moon hits your eye >> give us pizza or give us death. >> brian: one pizza owner pauly g. says the new rule could cost him a lot of dough. this is dean martin. >> ainsley: give us pizza or give us death ♪ bells will ring continuing aling aling ♪if ♪ learn more and view important safety information at inspiresleep.com

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♪ >> we have the most violent, raging crime rate, ever. we are being invaded by illegal imgreatest grants being treated way better than our homeless veterans. our city schools produce the dumbest kids. and the woke [bleep] folks who run new york city are afraid of pizza? this is the new york pizza party. give us pizza or give us death. >> brian: not delivery it's a protest. a new york city pizza owner throwing pizza. same rules drafted by the department of environmental protection would time slash carbon emissions by up to 75% they say. next guest has already invested $20,000 on air filter system in the anticipation of a mandate pauly g. the owner of pauly g.'s in green point joins us now your

response to the city tracking down on you guys. >> i think it's ridiculous. like killing a fly with a sledge hammer. first of all. they say that 100 places would have to do this. the mayor compared smoke comes out of these 100 ovens to the smoke coming out of canada. he said that, which is ridiculous. and, you know, i put mine in. first of all, because i was told that we had to have it by january 2020. i just found out through all of this that i didn't have to do it right away i put palestine in because it was bothering my neighbors. >> brian: $20,000? >> $20,000. >> brian: every pizzeria i walk into so successful. you are so busy. i can't imagine doing that it doesn't seem to be you are rolling in money. you are earning every dollar that you put in. and to say someone just have to write a $20,000 check must be

maddening this is unsubsidized mandate, again. >> absolutely. now, you know, they want to improve admissions they are willing to take tax to do it. cost $10 per person. >> brian: subsidizing $6? >> yeah. >> brian: looked at john kerry, our climate czar, he hops on private jets. >> you would have to cook -- you would have to cook pizzas for 849 years to reach his carbon footprint that he puts by flying private around the world. does that bother you? wood and coal in your small ovens and they are cracking down on you, not him? >> what bothers me, again, is like killing a fly with a sledge hammer. city bikes are a great example. they put 35 bikes across from my

restaurant. and the most i have seen taken out of that thing was like five. >> brian: what does it do? wipes out parking. >> sure. and people are not going to come from further away from, you know, mass transportation to come to my restaurant. i have a number of people that come from long island and new jersey. >> brian: sure. >> the more difficult they make it to park. you know, it's great that those bikes are available. they had another rack right around the corner half the bikes are still there yet, they put these 35 in because it's like a mantra. >> brian: congestion pricing for people that want to go across the city. cracking down on you guys. have an open forum to discuss ways out of this. maybe if they decide they want to do it find some way to get you the money. it's unbelievable. how hard you guys work. what you have been through the pandemic. what you had to suck up and how you had to suffer with all the inspections, too, that these guys come in. so pauley g. thanks so much. i appreciate the real life story and appreciate what you do.

>> thanks very much for having me. >> brian: best pizza in america. >> not only best. only favorites. >> brian: thank you very much. coming up straight ahead malaria potentially deadly disease spreading for the first time in 20 years. what do you need to know toe protect yourself? how about a net? will hurd entering the race for president. why he calls biden the worst border security president ever. he's at the northern border. ♪

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♪ >> carley: we are back with some headlines, just in this morning. a new senate report finds intelligence agencies down played the potential for unrest and violence on january 6th, 2021. democrats on the senate homeland security committee releasing a report that finds the fbi and dhs had a massive amount of warnings but didn't properly telegraph the violence pointing out how some of this was planned on social media. the report written by committee chair gary peters reads in part at a fundamental agency the level failed to commission and failed to public and nonpublic information they received. health officials confirming five people have contracted malaria in the united states. they are the first known locally

transmitted cases in two decades. four people in sarasota county, florida and one person in cammeron county, texas, reported cases of the mosquito born illness. health experts urging residents in areas with mosquitoes to cover up and apply bug spray those your headlines guys, other to you. >> steve: something else to worry about with the summer. carley, thank you. >> ainsley: look straight ahead in that shot. >> steve: meanwhile former cia officer and texas congressman will hurd is the latest republican tossed their hat into the ring in 2024. >> ainsley: today is he in do you say lancaster or lancaster. >> brian: either way. i think both ways. >> ainsley: there to participate in the ongoing discussion about securing our northern border. how is i going to do that? >> brian: let's ask him presidential candidate will hurd. will, i'm used to seeing you in texas. why do you think the northern border needs your attention right away? >> thanks for the invite and

sorry i'm not wearing my sunday best as soon as i get done here. i'm heading to the northern border. look, the department of homeland security just released numbers a few weeks ago how almost 400 people were on the known and suspect the terrorist watch list have come through our northern border. the amount of fentanyl that is streaming in, that's coming from china into canada into the united states of america is pretty significant. new hampshire is acutely impacted by that. and so i want to go see the realities on the ground. the thing that i learned representing more than 800 miles ofward in south and west texas is that every mile the border is different than every other one and having a bird's eye view and a ground eye vision of it is important. because we should be able to secure our border in 2023. but, unfortunately, i don't think that's going to happen under this administration. because they don't understand how to do it or they just don't want to do it. >> ainsley: what are the biggest differences in the northern and

southern border and who is coming over? are more people trying to sneak in on the northern border because the focus is on the southern border? >> yes. and you are seeing increase in the amount of apprehensions that are happening in the northern border. one of the things. >> brian: double. >> it's doubled. yeah. and one of the things that's unique about the northern border, look, in parts of texas, you can see for 100 miles, right, in the desert and apply technology in a unique way in some of these densely forests areas is different. the amount of manpower we have on the northern border i think is a fraction of what it should be. if you look here in new hampshire, i believe there is only two border patrol officers that are responsible for this part of our border with canada. and so the manpower issue is definitely lacking. and in the winters, with a lot of snow, it makes it even more difficult to track people and so. [no audio]

>> brian: we just lost some audio on congressman will hurd. >> steve: just like that. >> brian: i bet something pulled out on his end. >> loud and clear. >> brian: we gout back. >> steve: all right. so, congressman, congratulations on getting in the ways you are underdog because you are just getting started. can you explain why donald trump is so far ahead of everybody else on the republican side? >> i think he is far ahead because people know who he is. and some of the other candidates have to get in the race and make their case. i would remind people that at this time in 2016, donald trump only had 1% of polling. i also think we don't recognize -- we should have learned a lesson from 2016 that poll something not necessarily reflective of the people that will get out. you know, people on social media

and wash cable news are following the politics like sports. but the majority of americans don't start caring about this stuff until early in the election. and this is a time for some of these other candidates to let's have this competition of ideas and talk about our visions for the future. >> brian: congressman, real quick, you are so strong on foreign policy with unfolding situation in russia. what happens the one thing that you expect to happen next and how should that effect how we support the ukraine war? what should change? >> well, the thing that's changed is when there is chaos and uncertainty, there is an actual opportunity. i think that the biden administration should be work wowrg allies to double down on our support for the ukrainians. you know, the phrase they are actively monitoring the situation doing nothing and we should be making sure the ukrainians have all the tools that they need in order to win this war. when i say win this war. that means push the russians out of ukraine to include crimea and

the donbas. >> steve: if you are elected president you have to do something about the broadband because you just broke up there. will, thank you for joining us today from new hampshire. >> ainsley: very impressive. congressman nine years with the cia and he brings diversity to the table. when you look at all those candidates. how diverse is that? it's wonderful. >> brian: he also knows people in new hampshire are concerned about the northern border and pretty smart of him to be there. speaking of russia, moments ago in moscow russian president vladimir putin praised his servicemen for, quote, stopping a civil war? really? joey jones joins us live with his thoughts on the situation in russia. plus, he has got a brand new book out. that's next. etus! would you look at that? hi, fetus. (female announcer) no matter where you are on your pregnancy journey... keep pushing. your fetus is doing great. you want to feel the fetus kick? um, it's a baby.

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the kremlin drops charges against the wagner chief who led his forces in the mutiny. fox news contributor and marine vet joey jones joins us right now. joey, good morning to you. >> joey: good morning. >> steve: what do you have to say about what joe biden said that we had nothing to do with it? that shouldn't really surprise anybody, should it? >> joey: well, we had nothing to do with it. we have a long its history of re change. we go war against whoever we support goes into place. i really hope we had nothing to do with it. i don't see anything positive come from putting perhaps the worst offender of war crimes in a position of power. but we probably could benefit from snacket. i don't know that we could benefit from the chief of the wagner group running russia or taking out the government that's there. there is a certain amount of stick with the devil you know that makes a lot of common sense. >> steve: sure. and vladimir putin who always sold himself as a tough guy,

strong man, not so tough. >> joey: that would be the confirmation bias we would all want to see. we would all want to see that vladimir putin looks weaker; however, we run away with this from them having more control over the wagner group and its troops, then that's a different story. so i have watched this whole thing unfold. i have watched it on our channel. i watched it on other media networks. i watched it on citizen journalists on twitter there was a whole lot of folks jumping to conclusions, bringing to life what they wanted to see happen. the majority of them were wrong. and, perhaps, that was just because of the details weren't there. but i think we all need to take a step back and say in the worst case scenario, how do we deal with it. >> steve: absolutely. today is a big day. joe's brand new book called unbroken bonds of battle it. goes on sale wherever you buy books today. tell us a little bit about it? >> this book is probably my proudest worse to dated in this book you will find 10278s to people incredibly modern in my life, some big ways and some

brief moments. wesley hunt and i spent only days together but i learned so much from him. my friend i grew one. army and marine corn. the other the gold star wife of daniel greer who was killed when i stepped on the ied. all of them talk about getting through their own struggles and then you hear how i got through mine. >> steve: would you like to read a little excerpt? >> joey: absolutely. this is my life in pages. we start the book and it says "the bonds we make on the battlefield can remain unbroken if we let them. what constitutes a bond comes in many forms. some, like my two high school best friends chris and keith, who also joined the marine corps and army respectively, are obvious. but others were nameless faces who, in a moment, remind us how the small universe -- how small the universe is and insignificant we are in it. like the nurse at the u.s. army hospital in germany 2010 woke

from sedation to see my arms amputated and arms mangled and she said firmly, "don't worry, hun, you will walk again. her words he show my motivate me today." and that's 100 percent true. >> steve: i always remember she had hon. >> joey: in my mind southern accent. i can remember her words and impact. even though i couldn't point her face out in a crowd but she was instrumental in my life. >> steve: she is right there? >> joey: exactly right. >> steve: the book "unbroken bounds of battle" order it from foxnews.com. wherever you order online. joey, congratulations. >> joey: thank you very much. >> steve: great book. a quarter till the top of the hour, carley joins us about news on a fire? >> carley: massive high rise fire lighting up the night sky in the united arab emirates,

chilling video shows flames up the entire side of the building as debris falls onto the street below. crews manage to get the fire under control and no reports of injuries. officials in italy are searching for this tourist caught on camera carving his name into the wall of the coliseum. italy's cultural minister tweeting this in response to the vandalism, i consider it very serious, unworthy and a sign of great incivility that a tourist faces one of the most famous places in the world. i hope whoever did this will be identified and sanctioned according to our laws. that is so terrible. janice, outside to you my friend. >> janice: i'm inside. >> carley: of course you are. >> janice: we will do celebrating in a minute. a lot going on across the country. the heat is the biggest story for texas and that is spreading south and eastward for parts of the southeast. then we have the severe weather.

we had hundreds of reports of severe storms for the northeast yesterday. more of the same today with heavy rain for the next rain. we need that rain. drought for the northeast. could be dramper. smoke from the canadian wildfires moving in towards the must, great lakes and ohio river valley the next couple of days. look at the air quality alerts here. very unhealthy, 45z dust for our friends in canada. that smoke is going to come in into the northeast wednesday and thursday. will not be the event we saw a couple weeks ago with the orange sky but still very dangerous for folk those have respiratory issues elderly kids and pets. keep you up to date with fox weather. now for the celebration because it is national ice cream cake day. >> ainsley: ladies, gets over here. carley, come on. come on, janice. it is your shot of the morning. today is national ice cream cake day! >> brian: we are celebrating with carvel who really founded this.

>> steve: carvel anthony simone is here with the new york original. >> thank you for having me. carvel is the iconic new york original soft serve invented back in 1934. and our soft serve is used in all our products that you find at our carvel shops, including our ice cream cakes. our iconic fudgy the whale as well as cookie pus. and our fudgy the whale is our soft vanilla, layer cookie crunch in the middle. >> delicious. >> who named these? was it tom carvel? >> yes. tom made them, yes. >> ainsley: do you know what makes a carvel cake the best? when you bite into it crunch. what is the crunch? >> cookie crumbs that are coated in like a chocolate covering. >> janice: dipped in magic. >> ainsley: no matter how old you are you love it. >> ainsley: ains. >> brian: this was a cone

product and tom said what? >> tom wanted to give the franchisee something to help their business during the winter months. the ice cream cakes took off. >> janice: how did the soft serve come about that's an interesting story. >> tom and his wife had a truck that they would go to fairs and one memorial day weekend back in 1934 driving up central navy hearts dale truck broke down all this hard ice cream it. became soft and they started serving soft serve ice cream. >> brian: what a great idea. thanks to carvel for helping us out. we have a local 48th street location here. head to carvel.com to celebrate. if your cone comes soft it's on purpose. don't get mad. thanks so much. >> thank you for having me. >> thanks, anthony. >> ainsley: all right. still ahead, senator john kennedy and leo terrell joining us. >> steve: we need two more forks

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♪ >> ainsley: a college athlete slamming the biden administration for using the transgender athlete's debate as their, quote civil rights moment at the expense of female athletes. ivy league swimmer competed against lia thomas and argues the athletes' push discriminating against women and joins us now. good morning, abby. >> good morning, great to be here. >> ainsley: great to have you on. you told our producers you said i don't care how you identify i you can identify as a cabbage, i'm going to respect you. i might not understand it. but i will many are you. but you said there is a difference in gender and sex. complain that. >> absolutely. like most conservatives and like most students my age who likely identify as more moderate, they don't mind if you have a different gender identity from the norm. like i said, i completely respect that but i think and similar to the comment made at the senate committee on the judiciary by the human rights campaign representative, gender and sex can be recognized as

different entities. aren't we can recognize them as two separate things. i actually think that making this debate so politicized is harmful to the lgbtq community. i don't mean to be speaking for a community i'm not a part of. but when we conflate lgbtq issues awesome as parental rights or other issues with transgender athletics you take away the attention from the simple reality this is a discussion about the fairness of athletics. >> ainsley: what do you say? we have had so many guests come on talk about title ix and talk about where they wouldn't be where they are without title ix and talk about the irony here. they do respect other people but they don't want men competing in women sports or biological men competing in sports. title ix was to protect women and women's rights and those scholarships that those women are getting. what do you say? >> absolutely. there are such few opportunities that exist and we have to preserve them for women sports. for example, out of the 100,000

swimmers in the united states, i believe only 5,000 go on to be d-1 swimming. each a smaller fraction of those go to the ivy level or even a smaller fraction of those go too larger conference like pac-12 or the sec. those are very competitive position positions. what many don't understand the recruiting process is rigorous and exhausting and very, very competitive. we have to preserve those spots for women because there are so few of them. >> ainsley: i know you worked so hard for your spot at your school. thank you so much, abby, for coming on with us. >> i appreciate it. thank you so much for having me. >> ainsley: coming up a big day at the supreme court. shannon bream is going to join us next to tell us why, next. ♪ fasenra is not for sudden breathing problems or other eosinophilic conditions. allergic reactions may occur. don't stop your asthma treatments

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