>> no. >> we were not allowed to ask questions about the big guy. >> agent turned whistleblower says there was a probe into the first son. >> hindrances i've never seen before. >> corruption at the highest level. >> will be on trial. >> prosecutors have more footage to back up charges against daniel perry. >> he acted reasonably, none of us would want to find ourselves

in. >> schedule cancelled, 12% by mid-morning. >> more staffing there needs to be. >> not enough food for members. >> skies are having a hazy hue. >> avoid it as best as possible. try your best to stay indoors. >> 66-year-old gale rogers figured she would give it a shot again. >> bring different perspective to the world. >> steve: good morning, 8:01 on tuesday, june 29, 2023. fox news alert, hunter biden is set to give a deposition today in a defamation lawsuit brought by the owner of that delaware repair shot, where hunter reportedly left the laptop from

hell. >> brian: the irs whistleblower makes stunning claims. >> ainsley: mark meridith live from the white house. mark. >> a lot to get to this morning. the whistleblower is raising a bunch of claims about how this investigation into the first son played out, likely lawmakers will pay close takening to what he had to say. he spoke to fox news and said he is coming forward not out of political malice. >> simply the facts are the facts and in my past, i've vote for both d's and r's and politics are irrelevant when contacting my job. >> gary shapley says timing matters a lot. tax fraud investigation dated back to 10 years. back to when vice president joe

biden was in office. it is unlikely the irs will get back what it is actually due. >> to this day, there's still around $400,000 of unreported income from burisma in 2014. he was told to amend his return and he never did. declining those charges, david weiss requesting special counsel authority and being denied and then statute of limitation expires in november and december of 2022, those years are gone and no way to recoop the money from the burisma income. >> the u.s. attorney in delaware, david weiss led the investigation and claimed to have authority on the scope of this case did not have final say how this entire investigation and case played out. >> i witnessed this personally, he started with he is not the

deciding person if charges are filedor not and it went to the dc office in march of 2022. they presented this case to him. that was occurring and they requested discovery, a step when they are getting ready to charge. that occurred and he was no longer looking to charge in that district. >> many republicans on capitol hill were listening to the interview with bret baier last night and asked the u.s. attorney in delaware to answer questions next week. floating the possibility of impeaching merrick garland. newly released text messages indicate he was nearby as deals were being worked out. >> how involved were you in your son's shake down text message,

were you sitting there? >> were you involved? >> no, i wasn't. >> no! >> the president denying he was close to the text messages. he will head to new york for a few campaign fundraisers and doing one interview this afternoon. we'll see if he talks more about what is going on with his son. >> steve: mark, i know it is complicated, it is circular firing squad in washington. david weiss, the u.s. attorney for delaware said i'm ultimately not the decider, merrick garland said he was the decider, mr. weiss and the decider for dc, according to david weiss, he said it will have to be matthew grace and he will not allow me to charge in d.c. everybody is saying it is someone else's problem.

>> they will say we need to pinpoint where the decision tree was and there will be questions raised by this whistleblower, one of two whistleblowers working with congress in terms of what ledz with the investigation, who decided to do what and when. in terms of the white house, they said this is out of their hands and they are not involved. more pointed to garland overall. >> brian: was raskin also in the original meetings with shapley? he doesn't seem to have a problem. you see interviews on cbs and fox, obviously there is a problem. did jamie raskin hear this stuff? >> i have not heard from raskin's office. i was traveling yesterday, they may have weighed in and i have not heard it.

it will be a bipartisan inquiry and i imagine democrats would have strong reaction either way. the white house said this is out of his way. the president seemed caught off guard by the question and you saw him push back quite a bit. curious if we see stronger denial. >> brian: and you saw the press secretary turn down an interview on "the view." do you think that had anything to do with this? >> no, i believe it has to do with the writers union strike. >> brian: they have writers? back with more, crazy things that joy says in a moment. >> ainsley: thank you, mark. raskin did see the redacted report with comer and they wanted the entire committee to see it.

>> brian: there is a totally different interpretation -- >> ainsley: the whole doj did. >> steve: what we have learned about the two whistleblowers, they testified in front of the house ways and means committee and democrats are furious after they interviewed like 50 people, they just, republicans have released revelations as mark said, mr. shapley and unnamed whistl whistleblower, what we're learning about this, now that they released the report, the hunter biden investigation was koez name sportsman and offshoot of investigation fbi was doing into amateur online porn sites. >> brian: not professionals. >> steve: became a money thing. so many things and frustration from people like gary shapley.

we got the goods on him, higher ups won't allow this to go forward. >> ainsley: we had comer on the curvy couch, hunter set up llc aurinia under awasco. gary shapley says the team was hindered. he said he was investigating hunter biden and they wouldn't let him and directed to avoid asking questions about president biden, the big guy. he said it was influenced brie by politics. he got a search warrant for a storage unit. he says we were getting closer and had legal requirements to

search it, they kept putting it off and never allowed us to do it and they never saw the information in the storage unit and hunter biden was tipped off and they moved the unit. >> brian: here is gary shapley. >> they kept putting it on the back burner and didn't allow the search warrant. the legal reasons were met. transitioning to another search warrant was in northern virginia. prosecutors were supported of it and affidavit drafted to go forward for approval. prosecutors decided they didn't support it. i asked if in 30 days the unit, we can execute the search warrant and he agreed to that

and no sooner gotten off the phone with david weiss, we learned the prosecutor informed defense counsel of the evidence that existed there and it ruined our chance to access those and we were not allowed to ask questions about that or the big guy or include certain names and document requests and search warrants. definitely hindrances i've never seen in my 14 years that didn't allow us to follow through on investigation of any other individual to include president biden. >> brian: he's an irs investigator, he wants to find out how much taxes you pay. very simple. the actual penalty to hunter biden is $100,000 on $1.5 million. they said he paid a previous

bounty. he said he didn't pay it, somebody else paid it for him. how do i know what to tax this guy for and what he owes the irs. he says over $8 million. james comer says, no, it is one bank, it is around $20 million and could go up to $40 million when they unwind everything the biden family was up to, see how this is unwound. i think they threw off the biden people, they didn't go through his taxes. let's go to the bank and work backward, they have taxes covered. joe looks like he makes $200,000. when you go to the bank, they have seven more banks to go through. >> ainsley: they will find out how the family has multi million dollar homes. he says he evaded taxes in 2014,

never got in trouble and never had to pay the taxes from burisma because it was past seven years. >> steve: that is important, his father was vice president at that time. the frustration, it is not fair, the average person would bted d. he said it is classic textbook tax evasion. they have records that show hunter biden paid $25,000 to a girlfriend and wrote it off as golf membership. they investigated it -- >> ainsley: can you write that off? >> steve: you can and it wasn't for golf membership, it was sex club membership and he declared it a business expense. you have mr. shapley, he is very famous. and to his credit, he's come forward to tell the story. another whistleblower talked to the ways and means committee and he said he told investigators he

wanted to interview one of hunter biden's children about the expenses deducted on their behalf on hunter's business expenses and he was told by a prosecutor, that will get us into hot water if we interview the president's grandchildren, so they did not. congress has to bring people into a room and say, this is what the whistleblower said, is that true? >> ainsley: said prosecutors were tipping the defense team. >> brian: he came back and don't get caught up in the despicable person was and is, it relates to the family on other nations. he was going around the world with american aid, what was he do being in romania saying you get a million dollars. don't be distracted by the sex

club stuff. talk about the gop -- >> steve: hard not to think about that, though. >> brian: the nomination, stunned to see donald trump continue to widen the lead, two indictments in, now at 56% to ron desantis only other one in double figures according to fox news poll. vivek ramaswamy is third, mike pence, tim scott with four, nikki haley with three. chris christie, just here an hour ago, 1 and 0. this is how we're laying out nationally. we have iowa and new hampshire with donald trump with substantial lead. >> steve: this is summer before the year we do voting. a long way out and chris christie said, you know what, it's early, he is not disappointed. he want the job his former boss, donald trump, he wants his job.

here is his strategy. >> drama that he's created over the course of last seven yearless has led to losing, >> ai ainsley earhardt. thin margin, that is what it's doing to us. we have to win independent voters again. when the president was asked by bret baier, he said, i will win suburban women by telling them i won the election in 2020. sorry, the women i know will not be convinced to vote for him because he says he won in 2020. he is angry and feels like he wasn't treated fairly, he hasn't treated us fairly either. >> ainsley: democratic side went up, joe biden was 62% and now

64%. robert f. kennedy was at 16 and now 17 and williamson was at 8 and now 10. >> brian: i think majority of people feel he is too old to win. >> ainsley: i said bobby kennedy, i like some of his policies. he said, yeah, he's basically a republican. >> steve: he said he could commit to run and then not win but vote for a republican. >> brian: one reason donald trump is surging, because of joe biden's policy, foreign policy and border policy that was. compare what is happening now to where we were and factor in donald trump most cohesive team to date, he was effective and confident in new hampshire in front of the women's group. donald trump is a better candidate. i believe in 2023 than in 2016.

>> steve: let's see, first debate on the republican side will be in august on fox. i have a prediction, two weeks after, numbers will be all different. >> ainsley: really? if donald trump participates, i think the numbers will be higher. >> steve: we don't know if he will participate. >> brian: it doesn't look like he is. carley shimkus has not changed her mind. >> ainsley: that makes the debate better. >> carley: nobody can debate like him, i would be terrified. >> steve: you are not running for president. >> carley: he knows how to insult. >> ainsley: and chris christie, too. >> brian: easy with nine people attacking you. >> carley: unique ability to handle a situation like that. we will see. hope he does join the debate. more news starting with this, details emerging in the del ph i

murder cases. prime suspect richard allen committed to killing the two girls. allen was arrested for the 2017 murder of german and williams on a hiking trail in delphi. 15 people are hurt after three amtrak train cars derailed in a collision with a water truck yesterday. the train was north of los angeles and smashed into the unoccupied vehicle. passengers were left scrambling to gather luggage and cross the tracks. an investigation is yourn underway. and new alliance by pizza business owners.

part of the group joined "fox and friends" to react to the city proposal. >> it is like killing a fly with a sledge hammer, the mayor compared the smoke coming out of the oven to the fire in canada. he said that, which is ridiculous. >> carley: the alliance created after one activist went viral for throwing a pizza at city hall in protest of the proposal. >> carley: that is funny video, but waste of delicious food. >> steve: like a big pizza pie, that is pizza pie. >> carley: i have had pizza craving all week. >> ainsley: we'll do pizza friday. >> brian: all american concert series begins tomorrow. feature skillet back to pack the house. >> ainsley: christian rock.

>> steve: go to "fox and friends" to register to be next to the stage and we'll feed you delicious free barbecue. still coming up on this thursday, prosecutors say they have more cell phone video capturing jordan neely choke-hold death asthma rein vet daniel perry pleads not guilty. daniel perry's attorney joins us. my doctor told me rybelsus® lowered a1c better than a leading branded pill and that people taking rybelsus® lost more weight. i got to my a1c goal and lost some weight too. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction.

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>> steve: smoke blankets portions of the northeastern united states. >> ainsley: americans are due to an alert due to this air quality

smoke. >> brian: check in with janice dean. >> janice: it will continue all summer long. smoke drifting southward from hundreds of fires in canada and as far south as atlanta, georgia. that will move toward the east coast. folks from green bay to birmingham to new york city and buffalo, chicago, we've had bad air quality since yesterday and still this morning, very unhealthy and that continues for parts of ohio valley to interior northeast. unhealthy to very unhealthy. unhealthy for sensitive groups, kids, the elderly and your pets. that will be ongoing for the next couple days. arizona city, dust to deal with, across the ohio river valley. here is what we advise people to

codo, wear an n-95 mask. stay indoors in the air conditioning and make sure air is circulating from inside, not outside. do not rub your eyes or glasses. severe storms for central u.s. hi, friends. >> kathy from delaware. >> ramel. >> eyahvm >> panama city. >> janice: let's toss to carley for news. >> carley: hi. thank you for stopping by. new york city officials claim a record of 100,000 people are living in homeless shelters in the city and 50,000 are mig grants from the southern border and chicago spent on migrant care since august. migrants flown to martha's vineyard are reportedly

thriving. "new york times" many have found jobs and are enjoying living on the island. virgin ga lantic gearing up, onboard is pilot and three paying customers from national research council of italy. it will blast off from italy 11 a.m. and be up in space for 90 minutes. second flight for early august. madonna hospitalized with a serious bacterial infection. the 64-year-old entertainer was found unresponsive before being intubated in a new york hospital. rita wilson and debbie gibeson sending love on social media. madonna's managers she is expected to make a full recovery, guys.

her manager said she will recover. >> steve: do we know what kind of bacterial infection it was? like sepsis. >> ainsley: they didn't say what hospital, they said her daughter was by her side. >> carley: the fact she was found unresponsive. they will announce dates and change her tour. >> steve: glad she is home. >> brian: straight ahead, daniel perry pleads not guilty to manslaughter charges in the chokehold case. there are five more tapes, how will new video impact the case? we'll ask the marine veteran's attorney next.

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>> steve: marine vet daniel perry pled not guilty to manslaughter charges. he faces up to 15 years for the death of jordan neely on that subway here in new york last month. prosecutors have revealed they have new evidence that could change the case, they claim they have five videos from different

witnesses. daniel perry's attorney joins us now. do you know what the videos are? >> we don't. the law is such in new york discovery obligations are not triggered until after the argument and now that that occurred our adversaries have promised to roll that information out and we hope to have the videos in the next few days. >> steve: to many people daniel perry is a hero, who stepped up. other people have said, as well. alvin bragg, the da in manhattan, went after the charges because of political pressure, it looks like. does it look like to you? >> steve: talk about the prosecutor. >> there are a lot of things da alvin bragg and i don't agree on

and probably never will. i don't want to opine on his intentions in this case. i hope they are not ill intentions. what i would say is a grand jury indictment is procedural formality, it is evidence of nothing. those are not my words, that is the words of a judge if it goes to trial. >> steve: people who live in new york city andic take the subway will know what it is like when somebody like jordan neely come through and feel like they are menacing them. >> one of the best things going for us. yesterday the media was saying if you have trying this in manhattan? the answer is no, i've tried many in manhattan, i have utmost

confidence in manhattan jurors, educated, intellectual, they understand concept of reasonable doubt. there will not be a single person on the jury that hasn't seen or conceptualize an environment like this because it is realities of daily life in the city where we have thousands of emotionally disturbed people on our wub say system. >> steve: we see it everyday. it will come down to intent. daniel perry said i intend to restrain him until police could do something with this guy. prosecution will say his intent was to hurt him, harm him, kill him. >> it is interesting how the prosecutors presented this case. i think they realize what an incredible hurdle they will have to get over to show my client

intended to harm someone. they charged recklessness and negligence. incredibly higher threshold than you see in a civil lawsuit for automobile accident or slich and fall. they have to establish that my client perceived the risk created by this situation and consciously disregarded it, not necessarily high standard as intent, but high burden for prosecutors to prove in this case. >> steve: how is daniel perry. >> as well as anyone could be expected under this situation. danny doesn't have to be a hero in this case. the way he thinks, he just did something an ordinary person should do in that situation when you see others in harm's way. this is someone upon graduating

high school took oath to put his life on the line to defend the country and takes a certain person and certain medal to do that. he has faced adversity and knows how to handle it. he certainly wishes he was not in the place he is now. >> steve: thank you for stopping by. >> thank you for having me. >> steve: 22 before the top of the hour, coming up, irs whistleblower speaking out on what he called a hindered hunter biden investigation. >> we were not allowed to ask questions about dad, not request questions about the big guy, certain documents. >> steve: coming up matt whitaker, that guy there, will join us live next. plus, she was a lifeguard in the '60s. she's in her 60s and now a lifeguard again.

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>> we weren't allowed to ask questions about dad. we were not allowed to ask about the big guy. we were not allowed to include certain names and search warrants, we were trying to get to the bottom of it. if it led to another individual, we should follow that to determine what actually happening. but there are definitely hindrances i've never seen before in my 14 years concerning this investigation that didn't allow us to follow through an investigation of any other individual to include president biden. >> brian: one reason why he spoke out, more shocking claims from the irs whistleblower as he reveals doj effort to block the investigation to hunter biden and make sure it didn't go to the president.

forming acting attorney general matt whitaker joins us now. he's having courage to go out, he didn't get a raise and promotion he was supposed to get. what was your takeaway from last night? >> the most full some testimony we've heard from him. one question >> me, why and who frustrated this investigation? why couldn'tly look into where the money went, who received the money and follow it? this is somebody, 14 years in the irs and he knows how to do tax cases. their purpose is to bring felony, not misdemeanors. limited resources on the criminal side for the irs, when they get into it, they want a felony. we have a two-tiered system of justice.

there are two people, joe biden is one of them, can't be investigated, that is inconsistent with the system in the republic, which is no one is above the law and there is equal justice in the law. that is where this case falls apart. >> brian: think about the dichotomy, we need president trump's taxes. we don't know what we're looking for, but we need them and they try to find something. here they say, we want to find out how much taxes you should pay. no, we will not do that. how much your dad? no, we will not do that. can we find out where the 17 million, we will not do that. they had to go through bank records to find how much taxes he owes. they were able to do this with james comer, but not with david weiss, the da. >> yeah, they let the statute of

limitations run on the two years when he had filed false tax returns claiming the burisma money was a loan and not income. obvious violation of federal prosecution standard and investigative standards. they don't seem to care, it will implicate hunter biden. >> brian: hunter biden will be deposed by isaac, who has the repair shop. now they are following return defamation suit against him saying, you never should have let everybody see the laptop. what will come out of this, do you think? >> it will be first time under oath hunter biden has to answer questions, he denied or said he doesn't know if it is his laptop. there are 9000 pictures and

documents published on the internet. it is his laptop. it is him. this plaintiff, mr. isaac, has important duty to ask questions that have not been answered and see how far hunter biden is willing to go in continuing the -- probably not my computer, but might be, shouldn't have released it. first time under oath hunter will have to answer questions. >> brian: why when isaac dropped off, why treat him like the criminal, and why did you only act after "new york post" published it. why not tell william barr you authent indicated it in 2019? so much going on to protect donald trump and to help joe biden. incredible. you were there for all of it. thanks, appreciate it. >> brian: go to carley shimkus.

>> carley: more news to get to, starting with this. two environmental scientists team up to find smart's body using cutting-edge technology, detected compounds consistent in the backyard of her killer's family home. paul flores was arrested in october, her remains were never found. dramatic footage, i team plucks two firefighters from a river when they were stranded during a boat rescue. the state police managed to get everyone to safety, as police do every single day. brian, over to you. >> brian: they help people. still ahead, meet ohio grandma coming out of retirement and diving into a new job.

summer lifeguard to ep coo the pool open. dana perino has a full-time job. >> dana: i love that woman already, i can't wait to see that interview. hunter biden in hot water, irs whistleblower drops hammer in an interview with bret baier. how will college admission change if supreme court declares affirmative action unconstitutional. we are on scotus watch. and blaming the biden 5d min stragz. watch as i learn what a perfect game is in baseball, apparently it is very rare. we'll see you at 9:00. what do we always say, son? liberty mutual customizes your car insurance... so you only pay for what you need. that's my boy. now you get out there, and you make us proud, huh? ♪ bye, uncle limu. ♪

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>> ainsley: we want to show video. are we waiting? we're being told hunter is walking into court in wilmington, delaware. he's being deposed today in the case of isaac for defamation. we'll try to turn that video around. we will show you this and get that. lifeguard shortage continues. one ohio grandmother stepped up,

gale rogers came out of retirement to take a summer job as a lifeguard because they did not have enough people to do the job. she was certified in 1969. gale rogers joins us now. hi, gale. that is where you live behind you, right? >> corrects, montgomery town. >> ainsley: what a cute story. you were going to have to change the hours because you couldn't find enough lifeguards. i'll bet your grandchildren are thrilled to see you watching them and knowing the pool in your community stays open. >> right, all residents are enjoying the pool. >> ainsley: what do you think of all the attention you are

getting? >> i did not expect this. >> ainsley: i love your story, you were certified to become a lifeguard and neverbecame a lifeguard? >> i got certified. my brother became a lifeguard for a couple summers. >> ainsley: is the ifksz still good? >> it is only good for two years. >> ainsley: what was the physical test like? >> you swim 300 yards, float without using your hands for a while, tread water. hardest part was picking up 10-pound brick from the bottom of the deep end and swim back with it using your legs. >> ainsley: i am proud of you. you are so cute. gale, thank you so much.

>> you're welcome. >> ainsley: have a great summer. fox news alert, we have brand-new video of hunter biden arriving in wilmington. there is that backpack he carries everywhere. in regard to defamation suit brought by the owner of the delaware repair shop. we'll monitor this deposition in delaware and dana and bill will have more on that, we have more "fox and friends" coming up.

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>> steve: you're listening to skillet. tomorrow they're our featured performers on the all american summer concert series. tune in starting at 6:00 a.m. tomorrow. they take the stage at 8:00. >> ainsley: go to "fox & friends" to register for vip access and free barbecue. >> dana: moments ago hunter biden arrived at a wilmington delaware courthouse for a deposition that relates to a civil suit regarding his laptop. that deposition is now underway on the heels of new details how the d.o.j. allegedly shielded him from felony charges. good morning, i'm dana perino. bill hemmer is off today. good morning, bill. nice to have you again. >> bill: a lot of news to get to. i'm bill melugin and this is "america's newsroom." hunter biden will testify as part of a de