>> he switched to the jumpsuit. >> seems like the perfect time to stop by the white house. >> it begins what is considered to be the greatest story in rock and roll history. >> you have to watch. was it fun to film? >> yeah, that's the story of elvis and nixon. >> we were not allowed to ask questions about that or from the big guy. >> there is definitely hindrances that i have never seen before. >> he said it was a sweetheart deal. >> widespread dissatisfaction. >> skies across the country are

sporting a familiar look, smoke from the wildfires in canada are filling the skies again. >> madonna is recovering after a health scare and spending several days in icu. a full recovery is expected. >> i hope she recovered. >> when he gets rolling he is just so fun to watch at his craft. >> we begin with another chapter in the hunter biden saga. he is said to be deposed in the defamation lawsuit where hunter left his so called laptop from

hell. john paul mack issac is being sued. >> that's right he reported the contents of the laptop to the fbi when he discovered damming photos and files. hunter's deposition today will be recorded, but it is unclear if video or a transcript will be made public. and you have to figure the very first question that the computer guys lawyers are going to ask hunter is is this your laptop? do you remember dropping it off? don't be surprised if he says "don't remember." he is probably going to say that. that is usually the answer. i don't remember. >> that's what he did to abc, i really don't know.

we can look and see the e-mails on the laptops. i'm wondering if john paul mack-issac has any footage of him in there. it will be interesting to see if he dropped it off. then you look at what is involved. then there is a counter lawsuit from hunter biden's team for unjustly using what was in the laptop. >> we hear in cases a lot "i cannot recall." maybe he will say that and maybe he really can't if he was on drugs and doesn't remember. >> one of the things that the computer guys lawyers asked hunter to bring was any unredacted receipts regarding payments to the shop. in addition to that laptop he also dropped off later a hard

drive and asked for those contents to be transferred. so it is a defamation lawsuit. >> gary shapley who is the irs whistle-blower that was investigating hunter said he was frustrated because the team was hindered when they tried to investigate hunter. he said every taxpayer deserves to be treated fairly and in this case it was not, politics got involved. >> no question about it he says we were not allowed to look at his dad, and they had to immoralize the conversation that he was not the decider for how this investigation would move forward. he also said, and he actually memorialized this, too, that he tried to bring it forward to washington dc. tried to bring this forward to los angeles.

the new york times confirmed, so when merrick garland comes out and says david weiss was in total control, how could anyone have stopped the investigation, watch brett baher last night. david weiss answered an e-mail from jim jordan saying is this true and he said i was allowed to investigate freely. someone is lying. >> as we move closer to the election, they put it on the back burner and didn't allow us to do that search warrant. transitioning to another search warrant, on a storage unit in northern virginia. the prosecutors were supportive of it. and a warrant was drafted to go forward with approval. the prosecutors decided they

didn't support it. i asked if in 30 days that storage unit was not accessed, and i requested that in 30 days, could we investigate it, and they agreed. so it completely ruined our chance to access shoes unfettered. we were not allowed to ask questions about that, we weren't allowed to ask about the big guy. we weren't allowed to include certain names in document requests and search warrants. there was hindrances i have never seen before in my 14 years concerning this investigation that didn't allow us to follow through with the investigation of any other individual to include president biden. >> all of this stuff that he said last night was so shocking and it goes back to what we have been talking about since october of last year.

when the washington post had the revelation about how the fbi and the irs agents had enough to charge hunter biden. as it turns out, gary shapley was in that meeting. it was the u.s. attorney's office in wilmington and david weiss said i will not be the decider on this. he said because hunter biden was living in washington dc at the time of those serious charges that it would apparently have to go through the u.s. attorney for washington who is matthew grave who's is appointed by biden and he would not allow him to charge in his direct. to weise said he knew for months that grave's office rejected filing the charges against biden but grave's spokesman says weiss had the authority to charge where ever he want today. you merrick garden who says that weiss was the decider.

and then you have jim jordan and mr. weiss himself says he had the authority to charge where ever he wanted. this is why people hate government. there is so much buck passing going on here. one guy says i could not do it. that guy could do it, and now they're pointing fingers at each other saying david weiss could have done it all along. >> and we kept hearing that hunter biden should have been charged with more crimes, for tax evasion for 2014. he made $200,000 with burisma and he never paid taxes on it and he should have been charged with false tax returns for 2018 and 2019. your parents always said hold on to your taxes for six to seven years because once it is past, the statute of limitations -- they can't go back and look at your taxes, that's what happened

here. >> so we pay taxes, he didn't pay them back himself. gary shapley was asked how much did he make and where did he ever pay in taxes? listen. >> based on all of the financial records that we did find, you know, they have been analyzed, it was around $8.3 million that he received that came from china, ukraine, and romania in the 2014 and 2015 tax years when the burisma tax money was coming in. to this day there is still around $400,000 of unreported income from burisma in 2014. he was told that he needed to amend his returns and he never did. the dc u.s. attorney's office declining those charges, david weiss requesting special

council. >> and only he gets away with this. the president lost the talking point, those in the back half, they pay their fair share, and his son got away with it. and his son is not even close to paying what he should have paid, and maybe, you too, about what you earned and where the money is hidden. there is probably more than $8.3. some say around $17 million and now he is crying poverty to not pay for his love child in baltimore. >> he has not gotten away with it yet. while his attorney has negotiated with the department of justice, a federal judge still has to sign off on this plea deal and also on the, you know, his tax deal. >> we know exactly who it is. someone appointed by donald trump. her name, she is a federal judge in wilmington.

she is going to hear the case on july the 26th and she can approve or reject it. and last night on jesse waters show, they had eileen o'connor who ran the doj tax division from 2001 to 2007. she wrote an op-ed that talked about how this judge should reject it. she was basing it on the testimony of mr. shapley and another unnamed whistle-blower. here she is talking about why this is a deal that this judge has to say "nope, not going to pass." >> i got to page 95 my jaw dropped. that's where the testimony specifies that as early as june 2021 the prosecution team understood that because crimes must be prosecuted in the district where they occur, attorney general garland's

failure to make u.s. attorney weiss a special council guaranteed that hunter biden would not be prosecuted for his tax crimes. >> i want to throw a bouquet to special agent shapley for bringing this forward. it is so important that this be brought forward and that congress be able to performance it's oversight function and do something about it. attorney general garland testified under oath to congress in march that he had given u.s. attorney weiss all of the authority he needed to do what he needed to do where he needed to do it. >> let's hope she pulls the plug on that. think about showing up at that dinner, after this election doing a book tour about his story knowing that some

responsible reporter will ask about your laptop and he doesn't care. and then he is out there flying around in a private jet trying to weasel out of paying for his kid he had out of wedlock while writing off his sex clubs. i have never seen a guy who feel sos impervious to all indictments with no conscious, but the family was counting on him to finance their lifestyles and multiple homes and the money that seems to be gone at this moment. very interested to see if any of the documents found in the biden family possession have anything to do with the countries in which they were doing business. >> the republicans are looking, let's see if they find anything. the irs -- >> the irs is planning to hire 20,000 new employees in the next two years. let's hope a lot of them are just like this guy who sat down for testimony in front of the

house ways and means committee. sat down with brett. it is something that everybody is talking about. it's in the new york times and the washington post if is a question that steven nelson asked the president yesterday when he was trying to get on the chopper. i don't think the president liked the question. watch this. >> president biden, how involved were you in your son's chinese -- text message. >> no, i wasn't. >> were you? >> no! >> your son said you were there. he is calling your son a liar. >> this is the same guy when he was vice president contacted the government in ukraine and said you to fire this prosecutor that is going after burisma. my son is on the board, or i will not give you a billion

dollars, i will not give you this american money unless you fire him. >> the house oversight chairman putting all of the pieces together, he calls them a crime family. >> it feels like they feel like they're above the law. especially rub it in your face i'm going to this state dinner. i was just charged and i'm going there to this dinner. he had a chance to run into merrick garland. >> i don't know, maybe he just flat out lied. >> i wonder what he would say to merrick garland? thanks? >> straight ahead, prosecutors say they have more cell phone video e capturing the subway choke hold death. what comes next as the charges

in a similar case are dropped. >> are do you know what bidenomics is. can you tell us what it is. >> it is the first time i heard it used. >> the new fox news poll showing the economy is not biden's strong suit, but that is what he is running on and that is coming up next on this very busy morning. look who else is coming. i suffer with psoriatic arthritis and psoriasis. i was on a journey for a really long time 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.

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welcome back. prosecutors say they have more footage to back up criminal charges against daniel penny, a marine vet that plead not guilty in the chokehold death of a homeless man on a new york city subway in may. >> a similar case is dropped by a brooklyn grand jury. >> and todd is joining us more to tell us more. >> daniel penny appearing in court pleading not guilty to charges of second degree manslaughter. prosecutors say they have cell phone videos. penny maintaining that he was

defending himself and others on the subway. they say this is a trial against all new yorkers. >> danny penny is the only one on trial. >> there is not a living breathing soul that has not experienced a variation of what not only mr. penny but the other individuals experienced on that subway car. >> in the meantime attorneys for the homeless man, jordan neely. for everyone that thought donating $3 million would make this go away or buy his pass, it's not going to happen. >> on the same day, a brooklyn grand jury dismissing all counts in a similar case against jordan williams. the da's office peoples on this

decision saying under new york law a person is justified to use deadly force when they believe it is nose use deadly force from to protect themselves. williams out of the woods, but daniel penny still facing up to 15 years in prison if convicted on that charge. that statement they just read, b boy, i would use that as exhibit 1a. this is a standard used across the river, why not apply it here. >> i'm surprised the grand jury did not indict. they say you can indict a ham sandwich. but they have the video in is a different kind of case. to todd, thank you very much. it is time for more news about

that sub. >> that's right, the coast guard recovering debris from the implosion of the oceangate titan submersible. they believe there is human remains in the wreckage. it will be transported to the united states so they will make testing to make possible identifications. authorities believe the evidence found will provide critical insight into the improegs that killed all five people on board on june 18th. now to the crisis at the southern border, new york city officials claim a record of more than 100,000 people are currently living in homeless shelters in the city. and we're learning that chicago spent more than 100 million on migrant care since august of last year. meanwhile migrants flown to martha's vineyard from florida are thriving. many asylum seekers have found work and enjoy living on the

island that is home to the rich and famous. and madonna hospitalized with a serious bacterial infection. the 64-year-old entertainer was found unresponsive on saturday before being intibated. some celebrities wishing her well. madonna's manager says she is expected to make a full recovery, but i got that fox news alert on my phone yesterday about it and -- >> she was unconscious when they came to her sdmrp that is scary. >> a bacterial infection. i kicked on that one. they said she was unresponsive, her daughter was by her side, and the reason we're finding out about it days later now that she is out of the hospital and back home is they didn't know what direction it would go. >> thankfully she will be okay.

>> she could have died it sounds like. a serious significant medical challenge. >> and if you have concert tickets for this tour, it will be postponed but i'm sure we'll find out more soon. joe biden was in front of a very friendly union crowd and he said the union workers, he was talking about his economic policy, bidenomics he said i don't know what that is. the white house communication team briefed him on his economic policy and now he love it's because when she was on the north lawn for us yesterday, jillian turner was on the south lawn asking the president about bidenomics. is he still puzzled by it. >> you didn't know what hell bidenomics is, can you tell us what it is.

>> let's get it straight, the first time we used the term. the press started calling it bidenomics. i like it, it's fine. >> what is his policy, the highest inflation in four years, that is part of it. regulations across the average american family, that is bidenomics. he is also very proud and he should be of the unemployment rate being very low, but we have about 12 million jobs now open in our country. he wants to run an economy where 33% of the american public say it is good. so i just find that hard to believe. we all know that he is going to run on one thing which is that republicans want to take your abortion rights away. this is all the pre-game. he is going to explain how good your life is. let's see how effective and clear that is. >> he talked about how steady job growth is but jobs are

paying less than average of when he took office. hourly earnings falling more than 3%. then he said every american willing to work hard should be able to get a job but clearly it is not paying as much. i thought many people in your state are moving out of new jersey, steve. they're moving south. can't keep your kids where you grew up. >> they did a lot of market research and they decided this will be essentially the foundation. he is going to run on his economic records. the numbers are impressive, but people are not feeling it. when i say the numbers aren't impressive, consumer confidence is surging this is what the white house is putting out. new orders for durable goods are

jumping. the economy added 340,000 jobs and the misery index dropped over the last year. so bidenomics through the run up of the next election, but the president might want to practice more. on the speech. guess what, a guy driving a truck knocked down a whole bridge, a whole four lanes of the highway. with the help of the inflation reduction act there is new plans being built. three quarters grew more, consecrated -- i'm thinking i didn't go to mass. >> people, consumer confidence is rising. the economic conditions in the country right now are they poor? 70% say yes?

do you approve or disapprove? 34% approve. i don't know what they're looking at at the white house, but i'm pretty sure that speech is indicative of how good joe biden's economy is. >> as i said, the white house says the numbers are impressive, but people are not feeling it, and you watched joe biden stumble through that speech. we determined earlier that apparently the president has been suffering from sleep apnea. when he went out to the south lawn you could see where the strap was the night before. when you think about it, apparently he suffered from it since like 2008 or something like that. how many times have we seen the president do gaffes and get irritable and stuff like that because he is exhausted. daytime fatigue. i had a family member who had it, it's a rotten thing to have.

>> he should call the guy that i see on the commercials all of the time. >> chris, you okay? he is fine. >> do you take that medicine that mike huckabee says is good? if chris nods off during the show we'll know. meanwhile, a shocking new report shows the shot down chinese spy balloon used american technology. >> first, a fox weather alert. canadian wildfire smoke is pouring into the united states. janice dean is tracking it. somedays, i cover up because of my moderate to severe plaque psoriasis. now i feel free to bare my skin, thanks to skyrizi. ♪(uplifting music)♪

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all right, 25 minutes before the top of the hour.

take a look at your tv screen right now. as you can see there is a road back there. you can occasionally see vehicles with lights on. you should have your lights on. more than 22 million americans today are under air quality alerts because of another round of canadian wildfire smoke. let's check in with janice dean. those wildfires are going to burn all summer and every once in awhile we're going to just get a batch like today. >> absolutely, all summer and possibly into the fall. we have record setting wildfires across canada. the most acres they have ever had burn. air quality alerts up for millions of folks from green bay down to absolute and louisville,

washington dc, seeing and feeling and smelling that smoke from, you know, from thousands of miles away and the visibility right now from pittsburgh, a mile and a half there, visibility will be a big issue and we just saw those visuals from philadelphia. not only the air quality but it will be tough to travel. delays and cancellations. very unhealthy for some of these regions and unhealthy for folks across the valley and that extends to the southeast. this is a wise spread issue that is not going anywhere. here is the worst air quality cities, arizona i believe that is because of dust. but illinois, wisconsin, iowa, all ball of the wildfires coming in. the top story on fox.

>> that chinese spy balloon was using our own technology. the white house journal saying analysis found it was found with commercially available u.s. gear to collect photos, videos, and other to transmit. our next guest, his intook called "no trade is free." a maybe future trade representative, one of the mvps of the trump at min straight and working for america since the 80s. great to see you. your reaction about these two revelations? first on the balloon, it's our stuff. >> first of all, it's a pleasure to be here and that is not a surprise at all, right? there is rumors about that from

the beginning. we have a problem of total integration of our technology with china. we're going to lose this grave competition if we don't figure out a way to disentangle our technology. it is also scary remember knowing that president biden downplayed the whole spy episode. we are starting to see a softening on this administration, and for me, at least, it is scary. they say release the sanctions and stop with the individual sanctions if you want to have military to military talks. would you give in, bob? >> no, not for a second. i think showing weakness is the worst thing you can do. we have to start this discussion with an understanding of how severe the threat is from china. they want to be number one. they're challenging our way of life, and they're waging an

economic war on us right now, a good part of that war is technology. this is a classic example of how they're turning it on us. our own technology. >> yes, it is incredible, too. i don't mind competing but i don't a like their cheating. so we put tariffs on them immediately. but you have a remedy of a way to compete with china effectively. raise tariffs immediately, is that snobl. >> sure, and you want to faze them in. we put tariffs on them, $370 million. they're not high enough now. look, the number one thing that we have to do, brian, is stop ships hundreds of billions of our money to them. we're building the army and the navy over there. it is u.s. dollars, and we're shipping -- you can add it up

anyway you want, be it is $5 million or $600 million. so we have to put tariffs on to get back to balanced trade in a near or two. >> and set limits on chinese companies to stop them from accessing it. you said trump always had those inst instincts. >> absolutely true. look the reality is that japan in the 80s was an economic threat, but they were also an ally, they were always a friend. they never want today devour us. >> you came across trump in the 80s and you loved his instincts then.

why did you work so well over the three years. >> first, number one, i knew that what the president was and two we absolutely think the same way on fundamental issues and he backed me up. i have never seen a person that had more ability to just stand there and take it. >> absolutely and you have to read his book if you want insuicide information. thank you so much. everyone should go pick up his book. meanwhile, is a law school breaking the law? a prep course that is excluding white applicants. that ridiculous story is next. known for getting everyone together. no one wants to be known for cancer, but a treatment can be.

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the equal protection project filing a come complaint over the buffalo school of law because they are excluding while applicants from a summer prep course. the epp is violating civil rights by violating a program

that gives preference to students of color. the founder of the equal protection project joins us right now. bill, good morning to you. >> good morning. >> this is a law school. you would think that a law school would know the law. >> yes, you would, and that is what is so shocking here is the university of buffalo should know better than to do this. they specifically say on their site that preference will be given to students of color. they have a plus factor like if you're first generation. they know you can't do that and they did it anyway. >> we're watching this case on affirmative action in the supreme court what does the law

say in. >> they're considering should race even be taken into accoaccount. they say it is one of many factors of a holistic view of a person. they don't go anywhere near as far as buffalo law school. >> they don't admit it on their website. >> you have to figure because they're a law school they know they're breaking the law but they're breaking the law in the name of diversity, equity, and inclusion. >> that's what we have seen throughout the country. people have gotten it in their head that discrimination is okay as long as it is to achieve diversity. it's just not the law today and it won't be after the supreme court rules. >> so bill you filed this complaint, have you heard from the school in is. >> we have not heard anything from them. i people that we will at some point. i can't see how they're possibly

going to defend this. there is no defense for what they have done here. >> is this program taking place this summer? because it is happening right now, right? >> it is happening right now. so we don't want them to do this again and we want the u.s. department of education that provides funding to the school, to take sanctions against them for doing this. >> let's see what happens. bill jacobson, thank you very much. >> thank you. >> straight ahead, house oversight chairman james comer joins us live. >> and nothing says independence day like an american flag. we're red, white, and blue all over the place and we'll look at how to fly old glory at your home. it's positive. we're having a fetus! (male) having a fetus? we're having a fetus! would you look at that?

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okay, the 4th of july is right around the corner and what better way to show you're patriotic than with a new flag for your home or car. skip is here with deals for you. >> true blooded americans here, proud to fly our american flags everywhere. at atlanta flag pole we make it really easy. this is the six foot outrigger flag. put it on your porch.

very high quality, all american materials, all made here in america. high quality flags but the best part is it comes with this great bundle. you get the mount on your hose, a solar light, comes with a gold ball topper, high quality hand stitched american flag and this patriotic eagle flag. but the cool part is you get this trailer hitch mount which i love. this is my jeep. and you can take it off of your porch and when you go for a trip to your kids soinger game, you put it right on your jeep mount. >> could you put them on the front of your limb seen? >> absolutely. this is the home and go bundle. they have tons of flags on their website. all high quality in is like their -- >> we have seen this before. >> this is fantastic.

it comes in two sizes and two colors. 20 foot and 25 foot. this is the presidential flag pole for your front lawn. you simply put this sleep in a bag on concrete, and then you have a telescoping pole. put a light on your flag or take it down at sunset. that is good flag et quit. to this comes with two flags and everything you need. >> how many flags to do they sell? >> i was only able to sell a few here. we have a few branchs of the military. they have many different types of american flags, police, fire, a lot of patriotic flags, and those bundles come with these, too. you get the american flag and the patriotic eagle when you buy that kit. >> and you can buy a flag for

your boat too, right? >> yeah, put it on your boat. i love that they're an american family business. they make it all out of american materials, american labor, and even the flags are hand stitched here in america. sadly if you go on the internet it is cheaper but it is made in china. you cannot fly an american flag made in china. >> but i saved $3! what is the idea behind a telescoping flag pole? >> yeah, you can take it out of this sleeve, fold it up, put it in your truck, take it to your camp sight. this is a wheel mount. there is portability. you can take the whole front lawn flag pole as well. very high quality flags. we have this eagle on mine at home. i have the 25 foot bronze with

the big eagle flying proud and it looks so cool. atlanticflagpole.com. fly them everywhere. >> or you can also check out skipbidell.com. >> thanks, guys, happy 4th. >> the second hour of "foxes -- fox and friends" starts right now. >> we weren't allowed to ask questions about the big guy. >> gary shapley makes stunning claims. >> that's what i think this whistle-blower is very credible. >> hindrances that i have never seen before. >> the inflation reduction act. the new plan is being built. >> president biden rolls out bidenomics. >> he should be ashamed to put his name on this economy. >> i can't afford bidenomics.