realize that some things are not meant for social media. but, you know, i think it just really depends how you handle it. >> ainsley: they put it all out there. just like watching reality tv. my advi advice for the next generation don't quit your job until you have another job. >> i second that. >> ainsley: it's 7:00. the second hour of "fox & friends" starts right now. >> that's the thing with stepping in as a good samaritan to try to help them from danger. >> former marine daniel penny arraigned on second degree manslaughter today. >> on the choking death of jordan neely. he was yelling in their faces. i couldn't just sit still. >> i have never spoken with my son about his overseas business dealings. >> text message demanding $10 million payout. >> best at appeasing their partners. >> gaslighting it's pretty

typically. >> brian i kohberger back in court. >> as he faces the death penalty. >> whoever did this should be charged. whoever did this heinous. >> asked to turn over more evidence. >> i'm trying to fly over to d.c. >> deadly storm wreaking havoc across the region. >> look over there there is a tornadoes. >> look at the bright side. i have been laughing this whole time. what else can you do. >> in florida we pride the law enforcement. >> endorsement by largest police union. the choice for us could not be clearer. >> for police officers, we're going to support ya. >> steve: all right. it is 7:00 here in new york city. we start this hour with daniel penny's arraignment. the marine vet is due in court today here in new york city. as criminal charges against him will finally be unsealed. >> brian: he was initially arrested on manslaughter charges in connection with the chokehold death of a home lazarus man on a

subway train as you probably know. bryan llenas is live in mid-atlantic with the latest. what is going to happen today? >> brian, steve, and ainsley, good morning. look, marine veteran daniel penny will be arraigned today at 10:00 a.m. at the manhattan criminal courthouse behind me. a grand jury indicted penny two weeks ago on really the charges of second degree manslaughter charges for the chokehold death of jordan neely on the new york city subway on may 1st. now, penny is accused of recklessly causing neily's death. prosecutors say he held neely in a chokehold for for a too long even after he had stopped moving. if convicted he faces up to 5 years behind bars. the "new york post" ports penny is facing a additional charge of criminally negligent homicide which carries a maximum four-year sentence. now, in court today, guys, a judge will read the charges to penny. and the 24-year-old will enter a guilty or not guilty plea. penny is already free on

$100,000 bail. his bail terms could be reconsidered today. we should also get a trial start date. now, penny's attorneys promised to, quote, aggressively defend him against those who seek to punish him for protecting others. the marine veteran is making the case he was a good samaritan, acting in testify self-defense to protect fellow subway passengers scared by neely's verbal threats. >> three main threats that 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. i was scared for myself but i looked around and i saw women and children. he was yelling in their faces saying these threats. i junt just sit still. some people say this is about race, which is absolutely ridiculous. i didn't see a black man threatening passengers. i saw a man threatening passengers. >> a 66-year-old woman on board that train and who calls penny a hero said, quote: neely said i don't care, i will take a bullet, i will go jail because he would kill people on the train. he said "i would kill an mf.er."

i don't care i will take a bullet. i will go to jail." he was mentally ill man unprovoked assaults against women on the subway. alvin bragg charged penny 11 days after neely's death following days of protest in the city streets. >> this is atrocity to-to-say the least and driven by the manhattan district attorney. this was a person clearly looking to assist people that had their safety put -- placed in danger. i think what mr. penny did was something that deserves a hero's welcome and it's fortunate that we have raised up to short of $3 million in his legal defense fund. >> one important note, the jury pool in this case will be new yorkers who take the subway every day. there have been a string of high profile violent attacks on the subway just this past weekend in an 8 hour span. you had a woman who was punched in the face. a man was shot in the tha thighd

15-year-old boy was stabbed. >> steve: for a lot of those people he would be a hero. bryan, your breaking news about the scoop going to be charged criminally negligent homicide. is that because the medical examiner had said that mr. neely died of homicide? >> yeah. that's great question. when you look at the penal code with criminal negligent homicide it mirrors second degree manslaughter. not only are they charging him for recklessly holding him for too long but in the criminally negligent homicide penal code it says that if you don't do enough reasonable actions afterwards to help that person, then you could also be charged with that so, that's what we're seeing. we will find out more today, again, look, this was a grand jury proceeding, these charges are technically sealed. our reporting second degree manslaughter charge we will see if there is more with criminally negligent homicide. >> brian: real quick, have you seen anything on the foxcology toxicologyto see if jordan neeln

anything. >> no, i have not seen anything on that. remember, it has been confirmed that two other people were holding, obviously, neily during that incident. so that will be important here with witnesses there may be more videos. we only know about the video from the freelance journalist. all witnesses on board that train, about a dozen if not more, are going to be pivotal in this case, guys. >> ainsley: his attorney will have to prove that he died of chokehold and not drugs if drugs were found in his system. we haven't found that out yet because the toxicology reports not been released. >> exactly right. >> steve: we will see what happens later today. mr. penny's attorney is going to join us live on the show tomorrow so we will talk about these new charges. >> brian: meanwhile, former president donald trump reacting to a leaked recording of him discussing highly confidential documents it seems that he had after leaving the white house.

former president faces 35 felony charges related to his handling of classified material after he left office. >> gillian turner is joining us from the north lawn of the white house on this warm wednesday. and she has the very latest. gillian? >> it is already warm out here. i will tell you that. so, guys, the biden team this week is really totally committed to trying to promote the president's economic agenda. they are calling it bidenomics. the president himself is taking that show on the road with two different trips in just three days this week. the white house though still dodging questions about the criminal indictment of former president trump. take a listen. >> was the president able to listen to that tape of his predecessor talking about classified documents and did he have any particular reaction to it. >> i'm not simply going to go here and refer to you the doj on this matter. >> leaked audio from 2021, allegedly reveals trump disclosing the nation's military

journalist at his club in bedminster. neither of those people have security clearances and the documents were not legally in the former president's possession. here he is responding to the audio last night. >> isn't that amazing? this totally wins my case, you know. except it is highly confidential. secret. there's a secret. look at this. as president i could have declassified now i can't. >> was that the leaks audio itself that clip we just played for you. here is the former president now responding to fox news and a couple of other outlets yesterday. >> we did nothing wrong. this is a whole hoax. this just like the russia, russia, russia deal this is like the fake dossier. the dossier was a fake. it's all been a big fake. this is another hoax. it's called i would say election interference more than anything else. it's a disgrace that they can do it. next question, but everything was fine.

we did nothing wrong and everybody knows it. >> now, the document in question that's the subject in that leaked audio is reportedly an iran war plan the president had. it's not interestingly, a document that underlying any of the 30-some indictment charges he is facing specifically it. has been widely reported by his legal team and others that that audio is a key piece of evidence in the case against him. back to you guys. >> steve: no kidding. all right. gillian, thank you very much. also, on the plane, going up, we just saw some fox news digital of him up in nan. the plane flying up to new hampshire abc and simaphor were both on board and asked the president when you were holding up those documents and stuff like that, what were you talking about? >> he said i had no documents. he explained look, my desk was loaded up with papers. i just held up a pile of papers. and then, of course, during the bret baier interview about a

week ago, donald trump used the word plans to describe some of the things he was highlighting. and he said those were building plans. those were actually plans for golf courses and not as gillian just said, war plans. so, the president, former president, you have got to figure if you are his defense attorney because he has said so many things about to have a heart attack. they probably have said to him a million times, do you really have to talk about that. the more you talk the harder our job is. >> ainsley: well, is he very transparented he always has been. he answers questions he might not like it but a lot of americans do like it. >> brian: mark esper was on cnn yesterday what do you think about this audio came out. mark he is officer secretary of defense said i find it odd because it sounds like multiple pages one thing about the president, no matter what the briefing was, no matter what the topic was, one place, supposed to be a place mat presentation. i'm not sure if there is

anything that we had given him that doesn't sound like anything we had given him. so, it's going to be interesting to see what is he actually holding up. and if it's just audio and not video. what we find amazing we never hear from robert herr's investigation. we always hear from donald trump's investigation. amazing it always goes to the "new york times" and cnn. >> steve: maybe trump's side is leaking. >> brian: trump's side is leaking audio? why would his side leaking audio. >> steve: maybe leaking a lot of stuff during the entire process. >> ainsley: trump was in new hampshire and so was ron desantis. those were the two leading republicans. even though trump, according to the latest nbc poll is winning by a lot. is he winning by 29 points over desantis. he has 51%. desantis has 22%. >> steve: look at that, chris christie now has 5%. he has just been in the race a couple of weeks. he is already ahead of tim scott and nikki haley. >> brian: in new hampshire, it's

similar only donald trump with 47. this according to survey 13 people an slalom college survey has jump up expanding lead 47-19. followed by. >> chris: city up 6. nikki haley at 5 and tim scott at #. we will see what happens. because new hampshire is a place you have got to keep going to. even though the president lost iowa to senator tim cruz. i don't think he is giving up to iowa at all. his hope have a dominant win early and thin out the crowd. ron desantis did something yesterday which was interesting he took questions. >> ainsley: trump did not take questions when he spoke toe the women's luncheon. desantis was in hollis and he vowed to actually build the wall and trump is talked about how he is ahead in the poll. goes after desantis because is he trump's rival even though he

is ahead of him by a lot. here is some sound from the rallies yesterday. >> the question is when will he go to third place. people say how come you attack him because is he in second place. why don't you attack others? because they are not in second place. soon, i don't think he will be in second place. so i will be attacking somebody else. >> it's worse today than it has ever been by far. that's a sad testament to the state of affairs of our country. even if you are successful at draining it. the next guy can just refill it. i want to break the swamp. that's what we need to do. >> brian: i don't think that trump is vulnerable on training the swamp or on the border wall. those two things, everybody saw the play-by-play on that. finally re-purposing defense money to build the wall. next guy didn't do it and we paid for it. on also on drain the swamp everybody knows we don't have a king or queen or absolute monarch. the president was doing everything possible while pushing back against it on a beg basis. these are the president's strengths. i think governor desantis'

strength is the pandemic. and for president trump to go after governor desantis on the pandemic is crazy. and i think for desantis to go after the president on operation warp speed, and the vaccine, i also think is a dry hole because the vaccine saved lives. it's the mandate that turned americans against americans. and that was done by the next guy. >> ainsley: think about all the changes that have happened in the legislature with a lot of younger people have come in. there are more minorities that have come in to office as well. so, i feel like some of the swamp has been drained. we still have a nancy pelosis and the mitch mcconnells of the world have been there forever. we might need a little bit of their leadership. young people to learn. >> steve: sure. we just talked to doug schoen, the pollster who worked for hillary clinton back in the day. she says -- he says that the governor of the commonwealth of virginia, mr. youngkin, has a real good chang chance of being the dark horse in this as trump and desantis duke it out, could

glenn youngkin actually come into the race in the fall and do well? remember, it was back in the day before donald trump ran away with it on that debate stage the first debate it was going to be jeb bush and marco rubio. they were all leading. >> he might be able to do well because of his messages for schools. it feels like every day we are doing another story on another school district that's allowing. >> steve: exactly, virginia is a purple state. and he actually won, youngkin won by 10 points more than joe biden finished with back two years ago. >> brian: only the court case get youngkin in. if not for the court cases. >> steve: there are plenty of them. >> brian: they are honing that trump gets caught up in the court cases gets indicted or convicted. meanwhile miami mayor francis suarez extremely. miami thriving. bit of a rivalry with governor desantis. late convert to the trump world. feels he is the perfect time to

be president. had a major slip-up yesterday when it came to china and the uyghurs. that's the muslim group that has basically been rounded up, a million of them. organs harvested. forced to convert. being tortured. >> brian: it's genocide. here is what happened on the hugh hewitt show. >> ultimate question, show, will will you be talking about the uyghurs in your campaign? >> the what? >> what's a uyghur? >> okay. we will come back to that. you have got to get smart on that. >> gave me homework, hugh. i will look at what did you call it a weble. >> the uyghurs. you have got to know about the uyghurs. >> i will search uyghurs. i'm a good learner, i'm a fast learner. >> steve: i think i heard somebody on his team then say he was mystified by the pronunciation. he knew what it was but didn't identify with the way it was

being said. >> ainsley: that's tough. because when you are on the presidential stage you have to know so much about different topics. something we discuss on a regular basis. but you feel sorry for him for not knowing what that was. like the aleppo moment. i felt sorry for him, too. >> brian: gary johnson. >> ainsley: high hewitt was being nice and said we will come back to that. >> steve: nobody in the world is a bigger expert on uyghurs today than he is because i'm sure a million people have told you let me tell you about the uyghurs? >> ainsley: what does the staff tell him if you don't know the answer to a question don't make it so. >> brian: it's breaking up. i have to hang up now. that's what i would do. >> brian: can't be an expert in everything but uyghur major story dealing with china should be front and center. only thing do now on the mayor. certain things on foreign policy i have got to pick up the face on and one of them. embarrassed by it. you can't say i didn't understand it, i think. if you read it, it doesn't look

like you stay like uyghur, i get it. but that's not. >> steve: the pronunciation. let's see what happens today. it's going to be another busy day in the race for the white house. lots of news as well and we start in russia. >> carley: update on that crazy situation unfolding in russia. and now we're learning a high ranking russian general reportedly had advanced knowledge of the wagner mercenary chief rebellion plan. u.s. intelligence officials tell the "new york times" the kremlin's former senior general in ukraine conspired with yevgeny prigozhin. meanwhile the president of belarus welcomed the wagner leader yesterday. the wagner forces that remain in russia have agreed to hand over their weapons. a former penn state abington professor is suing the college for allegedly him forcing to teach that the english language is racist and targeting him for the color of hin his skin. he claims he was sent several biased emails including one titled black linguistic justice.

>> the email says assure all students see that white supremacy manifests itself in language and writing pedagogy, that's a directive to me a writing instructor to ensure that my students see that white supremacy exists in language and the teaching of writing? the university says it will not comment on ongoing litigation. >> elon musk doing some mma training with podcaster election freidman to get ready for fight meta ceo mark zuckerberg. this is still happening, guys, musk slamming the famous black blelt to the map. freeman spard earlier this month after hosting the facebook founder on his podcast. they are actually training for this fight, guys. can you believe this? >> steve: originally it was going to be a cage match. i don't think they are going to be in cage. >> carley: was it really? >> brian: it's an octagon. unless you see musk training. zuckerberg trains all the time.

he has nothing to do. unless you see musk training because musk doesn't work out. >> ainsley: remember his mom said it's not happening. >> carley: his mom is so pretty. ains she was a model she was on "saturday night live" with him. >> steve: put him in a room and ask them three questions each and whoever has the best answer wins. >> carley: that sounds like a beauty pageant. >> ainsley: that would be a brain pageant. who has the best answers? >> brian: meanwhile, still ahead, idaho murder suspect bryan kohberger will now face the death penalty for his death of four college students by one former federal prosecutor says this will complicated proceedings, next. >> ainsley: "fox & friends" exclusive attorney for irs whistleblower gary shapely joins us live with new developments on the alleged efforts to interfere with the biden probe. >> there were certain investigative steps we weren't allowed to take that could have led us to pine.

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let's pretend for a second that you didn't let down your entire family. what would that reality look like? well i guess i would've gotten us xfinity... and we'd have a better view. do you need mulch? what, we have a ton of mulch. courtroom yesterday. >> ainsley: this after prosecutors announce they will seek the death penalty for those grizzly crimes that he is accused 6, citing the heinous disregard for human life. >> brian: now kohberger's attorneys urging the court to release more materials related to the grand jury including d.n.a. evidence as well as the training records of state and fbi investigators. former federal prosecutor francey hakes joins us now. francey, first off, why do you think in some ways this complicates things? >> well, you know, brian, the

death penalty brings additional time frames necessary. and it also brings a whole cottage industry of experts and lawyers in. there's a whole industry of people that are opposed to the death penalty, no matter who is charged. even though kohberger is suspected and charged with four heinous murders. you will have all kinds of people coming in to help him to try save his life. so it makes the case more complicate for the state to seek the death penalty. makes appeals far more complicated and lengthy. >> ainsley: aren't his attorneys saying they found d.n.a. evidence of three or four other men in the house. >> you know, ainsley, they do say that. of course, this is to be expected. this was a party house there were lots of people in and out constantly. i would expect there to be other d.n.a. in the location. but not on the knife sheath. >> steve: sure. people are ultimately want justice for those four people who were murdered there, francey. even if he is convicted, he would sit on death row until he

is a very old man. >> yeah. steve, generally, that's the dirty little secret of death penalty. you have jurors trying to decide between life without parole and the death penalty. and they think it's the same. of course, it's not. life without parole doesn't necessarily mean life without parole. that's the dirty little secret. even with the death penalty he will be on death row like you say for decades, probably. that will be agonizing for the victim's family. >> ainsley: how many people are on death row in idaho right now? >> ainsley, last time i looked it was about eight. they haven't executed anyone in idaho in at least a decade. >> brian: only one timothy mcveigh. besides that you never hear them going right to the chair. thanks, francey. >> ainsley: how do they do that now? >> brian: i think it's injection. >> ainsley: some injection, some firing squad. >> steve: firing squad because of a supply chain issue during the pandemic. >> ainsley: do they still do the electric chair in any of the states? >> they do. that's an option in some of the

states. >> steve: francey, thank you very much for joining us live. >> thanks y'all. >> ainsley: coming up, backed by the blue, ron desantis scoring a major 2024 endorsement from the law enforcement community. the head of the organization will join us next to tell us why. ♪ my late father-in-law lit up a room, but his vision dimmed with age. he had amd. i didn't know it then, but it can progress to ga, an advanced form of the disease. his struggle with vision loss from amd made me want to help you see warning signs of ga. like straight lines that seem wavy, blurry, or missing visual spots that make it hard to see faces like this one, or trouble with low light that makes driving at night a real challenge.

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steve severe storms canceled it thousands of flights across the country this week. >> the ceo of united airlines is blaming, partially the faa. yvette nunez joins us live from airport in new jersey. lizette, i fly out of that airport every week there are more and more problems now the ceo guy has kirby saying faa needs to hire more people yeah, we definitionly heard from him. he has definitely pointed the finger at the faa as far as what we have have been seeing the newark international airport. we are see seeing some of those looming effects. newark airport bigger picture we are looking at 139 cancellations so far this morning. 19% of them are coming from united airlines. and some of these disruptions were being blamed due to the bad weather we're talking summer

storms, the last couple of days and also the nationwide air traffic controller shortage. now, this morning we also have been catching up with some of those frustrated passengers think were waiting several hours, waiting for airlines to rebook them. the line doesn't move i know they don't have anything open for us. someone already said that the next flight may leave july 1st. so, we're thinking of getting a car and driving back home. i can't be away from work that long. >> yeah. that certainly has been the feeling this morning of the frustration continues. keep one thing also in mind here in new york we are supposed to see the air quality worsen the next couple of days. we are hearing it's not supposed to be as bad. a couple of weeks ago when the

air quality did take dip, that grounded several flights and also led to a lot of disruptions. so officials are hoping it won't be that bad this time around but once again here, passengers are crossing their fingers and they are hoping they can finally get home today. that's the latest here from newark liberty international airport, we will send things back inside. >> steve: ly set thank you for on the live report. >> wildfire smoke heading way on the streets senior meteorologist janice dean, hey, j.d. let's take a look at it where air quality is very poor this morning for chicago, milwaukee, detroit as well, so this smoke is going to linger over the next couple of days and push eastward towards the northeast. air quality alerts for millions of people in all of these big cities moving in towards the interior northeast and including washington, d.c. through thursday. you can see that smoke tracker pouring in from those canadian

wildfires. this going to be an ongoing situation by the way for much of the summer. so here's the air quality alerts right now. very unhealthy for some of these big cities. stay indoors if you have respiratory issues. hazardous conditions. the highest you can go and then wisconsin and indiana, ohio, very unhealthy, so this is going to be a big story fox weather.com is going to cover it. steve, i want to make mention that it's really hard to forecast smoke. so, it could get worse before it gets better. >> steve: it was really bad a couple of weeks ago. >> janice: it was. >> steve: j.d., thank you so much. come back inside. >> janice: coming. >> steve: cleaner air. ron desantis picking up a major endorsement this book. florida largest police union throwing their support behind desantis saying, in part, is he one of the most effective governors in the nation and he will take his proven track record to the white house. the choice for us could not be

clearer. this marks a big shift from 2020 when the union endorsed donald trump. so, what's this all about? florida police benevolent association president john kasangen joins us from key west. mr. lucky. why do you say the choice could not be clearer it should be ron desantis? >> well, first and foremost, i just want to go on the record that president donald trump, we have all -- a lot of respect for him, right? so governor desantis did edge him out, 2018 governor desantis got elected in 2020 when we saw the riots across this country happen, governor desantis acted. he acted and him and the legislation created a law that can you not defund the police. which was great. so that means the cities and

towns, counties across the state of florida, cannot defund the police. this way we can appeal to the governor. so that was a big deal along with we saw what happened with defunding the police across new york, chicago, minnesota, portland, seattle, i mean, they are crime-ridden states. we could see everybody -- a lot of people, thousands of people moving into florida because you know what? this is a safe haven, i mean, he has done a great job. and he has a proven track record on that. >> steve: john, you are absolutely right. florida salah and order state. one of the things it helped not only get good cops but keep good cops is desantis, apparently, according to what i read from your organization, he put $100 million into the pockets of the cops by increasing wages and salaries and stuff like that. >> what he has done is absolutely right. this last session, pension

reform. he brought back pension reform, which we needed greatly to entice recruits to come back to florida. >> steve: right. >> and hired. recruitment is lowness ranks across the country. so, he beefed up the salaries and benefits. for the state employees, law enforcement, right? he delivered on that. on he delivered on retirement benefits. he delivered, mental health issues, he has delivered. everything the governor says and he promises, he makes it happen. >> >> steve: john, have you heard from the former president, donald trump? because by you endorsing his rival, you would think he might want to have a word with you. >> no, he hasn't called me yet. but, the governor should. last night i had a call with the governor and he thanked us, and thanked us for the support. we thanked him for his support. >> steve: all right. john, thank you very much for appearing on "fox & friends"

telling us why you are throwing your weight behind ron desantis. >> thank you, steve. >> steve: have great day in key west. once again, mr. lucky. i love it down there. up next a "fox & friends" exclusive. an attorney for the irs whistleblower gary shapley joins us live and we will ask him about that new message republicans have released from hunter biden to a chinese executive. stay with us. you are watching "fox & friends." ♪ imagine you're doing something you love. rsv could cut it short. ♪ rsv is a contagious virus that usually causes mild symptoms but can cause more severe infections that may lead to hospitalizations... ...in adults 60 and older... ...and adults with certain underlying conditions, like copd, asthma, or congestive heart failure. talk to your doctor and visit cutshortrsv.com. (fisher investments) it's easy to think that all money managers are pretty much the same, but at fisher investments we're clearly different.

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to find some relief. cosentyx works for me. cosentyx helps real people get real relief from the symptoms of psoriatic arthritis or psoriasis. serious allergic reactions and an increased risk of infections or lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx. >> brian: damning new whatsapp messages appear to show hunter biden brags his family is the best at making chinese executives happy while demanding millions in payout. i'm not kidding. the 2017 message reading, quote 10 million per annual budget there is some typos in this. not in us but in his whatsapp message to use to further the interest of the joint venture. the bidens are the best to know at doing exactly what the chairman wants from this

partnership. unbelievable here with more is shapley's attorney and empower oversight president tristan leavitt. you represent gary shapley one of the whistleblowers that has come forward. these whatsapp messages a are pt of the area the irs couldn't go. you are not going into international business dealings, right? >> well, to some extent. they looked a lot at the international business dealings. >> but those messages deal with, obviously, the specific deals with the chinese companies. and these are part of the same messages where hunter biden said i'm sitting here next to my dad and the can't ask about the dad. can't ask about the big guy. blocked from subpoenas or search warrants at the biden residence in delaware. those are the further angles blocked off by prosecutors in delaware. >> brian: why? >> that's a good question. gary doesn't pretend to know the answer. some of it, you know, again, after a few months of that, it was clear to him that this is

being treated differently. he tried to write that off and say look, people have differences of opinion all the time. after two full years and especially, you know, culminating in red line meeting he has talked about. he said i don't know what their motivations are but it's clear that this has been, you know, this is wrong. and people need to know about it. >> brian: when he came outer and was obviously a dissenter and whistleblower. has he been punished. has there been retribution? >> yeah. he has been treated very differently. we submitted, you know, we haven't focused a lot on that because the key thing is the information he has brought forward, you know, there have been definite repercussions at his agency which continue to this day. we are hopeful to see remedial action there garyens point this isn't about me. this is about the information there, attorney general merrick garland has tried to make it about gary shapley vs. the attorney general. >> brian: david weiss in a letter back to jim jordan said, you know, i am the decision maker according to gary shapley and other whistleblowers, he

wasn't the decisionmaker and he said almost as much in front of how many people? >> there were six witnesses there. so two from the fbi, two from the irs, and two from the u.s. attorney's office from delaware. we have you know, again, that information was documented, contemporaneously why gary. his supervisor agreed in an email. so that's been what the focus has been for the past few days. now that the "new york times" says that they have independently confirmed that california also, you know, refused to bring charges, this takes it away from gary. it's clear now others are figuring out what gary has brought forward is the beginning of further investigation it's about weiss vs. garland and the substance that's there because weiss was clearly blocked. >> brian: so, let's get this straight. one of the allegations by gary shapley is that weiss wanted to bring this to d.c. and matt graves said no you are not going to bring it here because the violations happened in d.c. they say i wanted to bring to

los angeles and they said you can't bring it here. merrick garland calls a press conference and says i don't know what you are talking about. i told him he has free reign to do whatever he wants. i don't know who would stop him. the "new york times" found out last night that the l.a. story is true. he was stopped from bringing those charges. do you believe that merrick garland was behind stopping him in both those areas? do you think that's new news to him? >> i think it's new information. i don't think he was behind that. i think you just have two other senate, you know, u.s. attorneys who were nominated by the president who were confirmed by the senate. and they have their own authority to do what they like. u.s. attorney david weiss doesn't have the authority to bring charges in that district without their permission. whether garland is in the dark or playing word games with some sort of nuances saying he didn't come to me personally or he didn't do this or that, i don't know. but clearly he is wrong on some of these facts. >> brian: the witnesses that have come forward have been confirmed were in the room. baltimore fbi agent special agent tom somebody bin ski. assistant special agent in

charge are a she a holly. special agent in charge derek wall done. gary shapley, obviously. so, these guys are sitting there and they hear david weiss say i'm not the ultimate authority on this, he is trump-appointed. everyone scenes saying trump appointed. why won't david weiss stick up for himself and say i'm being stopped here? >> that's the question of the year, brian. i don't know. but, ultimately, he has to answer these questions about why he told one group of individuals one thing and then told congress a different thing. again, i don't know if it's technicals. jim jordan said i had the authority with the department of regulation. and along prosecutorial standards. if he is hiding behind those words, to, you know, if that's where the fact lies that under department regulations he didn't have the authority, they are playing word games and it's too cute by half. >> what has congress told you the next step obviously you will testify that your client is doing an interview with bret

tonight. it will be great. he has talked to other people. what is next, to get gary in front of oversight? and to get david weiss there? >> yes. the key thing obviously our client will testify where he needs to but the key thing is that this can't rely on his shoulders. he doesn't know what the interactions were between weiss and injustice. weiss needs to explain this. if it gets down to the middle of july and gary is still the only one bringing this forward, that will be a really significant disservice to the whistleblowers. they is given the important starting information. now it's up to congress to interview the other witnesses and advance the investigation. >> brian: do you think it's important for the country to know if the biden family was involved in hunter biden's dealings? >> in terms of the knowledge that gary has, he has brought forward these representative examples. and that information that i'm privy to is limited to what the investigators had. but they weren't able to follow up on the leads on the laptop.

they don't even know that they got all the information from the laptop, because prosecutors blocked them from getting it. even though they had independently confirmed that it was hunter biden's. >> brian: unbelievable. it's a protection react. tristan, thanks so much. you are a great spokesperson for your client. tristan leavitt, appreciate it. make sure you watch bret interview's tonight. >> thanks, brian. >> brian: community spread it in the u.s. in the years infectious disease doctor breaks down what you need to know. sometimes, the lows of bipolar depression feel darkest before dawn. with caplyta, there's a chance to let in the lyte. caplyta is proven to deliver significant relief across bipolar depression. unlike some medicines that only treat bipolar i, caplyta treats both bipolar i and ii depression. and in clinical trials, movement disorders and weight gain were not common. call your doctor about sudden mood changes,

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♪ >> ainsley: health officials putting out new warnings for malaria infects as locally transmitted cases are being reported in the united states for the first time in 20 years. so far four cases have been sprung up in sarasota, florida, one case in texas. doctor johanna daily is infectious physician and she joins us now. good morning, dr. daily. >> good morning. >> so five cases here. normally we hear if you travel to africa. you have to all v. all of these shots so you don't get malaria. we have five cases in the u.s. and what do we need to know? >> right. so, you know, malaria has been with us for thousands of years.

as you said, it's all over the world. it used to be the united states we eradicated in 1951. really based on mosquito control. i think what's happening now, both republic health departments are deploying their experts in mosquito control. that's really the way to control this. they are trying and on the alert for other patients who may have malaria si. >> ainsley: so we have one case in cammeron county texas, and four cases in sarasota county down in florida. what if you live in those areas. we have at love viewers in those areas. what do they need to know? how can they protect themselves? >> a couple things. i think if you are having fevers which is the sign of malaria. the other problem symptoms are nonspecific. you can't rely on something else. you may have flu like symptoms. you may have pulmonary problems you may have diarrhea. fever are the real hook. i would present to clinic. if they do laboratory work you might be anemic parasites infect

the red criminals. lab tests may point in the direction of malaria. good news is we have good i do sdiagnostics. look under a microscope and diagnosis. i wouldn't sit on a fever. present to healthcare doc. they can do rapid tests. in terms of preventing this infection. it's a good question. everybody wants to be outside. it's important. you can use bug spray. it's very safe. it's been studied. it's safe in our children. can you wear long sleeves, long pants. >> ainsley: real quickly i know it's contagious. we have 20 seconds. i know it's contagious through missmosquitoes is it contagious through people. >> it is not. unlike covid. >> ainsley: thanks for your time. we have baking hour straightit ahead douglas murrayh and clay travis.

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