[cheers and applause] >> download "dance with you" >> have a great weekend, everybody. >> john: another lawmaker health scare swirling around capitol hill. how old is too old? good morning, bill and dana are off today. washington taking control here. john roberts. that's a bright jacket you have. >> i hope i'm not blinding you or our lovely viewers at home. it is early for bright orange. >> john: the cataract that i need to have removed next week is dimming it a little bit.

i'm gillian turner, apples apples. america's oldest politicians have no plans to step aside any time soon. it is being debated as president biden is asking voters to keep him in the oval office until 86. donald trump aims to be president until 82. >> john: a series of health scarce is raising concerns about politician's abilities to do their job. 90-year-old senator dianne feinstein appearing confused last month at a hearing. an aide reminding her to cast her vote. this week senate minority leader mitch mcconnell appearing to freeze for an extended period of time. his second such incident in five weeks. he is 81. he suffered a concussion after a fall back in march. 2024gop contender nikki haley says it's time for a change. >> we need to start getting new faces, new voices, younger generations involved in our government and need to have everybody else understand when it is time to go.

>> luke as tomlinson joins us now from the white house. >> from john's old perch at the white house speaking to reporters at fema yesterday, the oldest president in u.s. history says he spoke to mitch mcconnell on the telephone yesterday and offered his support. >> president biden: he was his old self on the telephone. having a little understanding of dealing with neuro surgeons and people and one of the leading women in my staff her husband is a neurosurgeon as well. not unusual to have the response that sometimes happen to mitch when you have a severe concussion. it is part of the recovery. >> vivek ramaswamy didn't sound as sympathetic. >> i want to pray for mitch mcconnell's recovery and hope he and his family are doing well but separate that from an issue in this country.

we need a generational change in who leads this country forward. >> a new book by atlantic staff writer says biden in private would admit he felt tired. some democrats including former bill clinton advisor mark penn defended it. >> look, being tired, president clinton barely slept. he was tired most of the time particularly during impeachment. so i don't know it was a shocking revelation to me. >> this week marked the two year anniversary of america's hastey withdrawal from afghanistan. president biden's approval rating sank after americans saw these images. he went against the recommendations from top military advisors and nato leaders to keep a small force at bag gram. his approval rating has been under water ever since. a new a.p. poll says most

americans agree, 77% think biden is too old to be president and run for a second term. that includes 69% of democrats. now one beverly hills --- >> gillian: lucas tomlinson at the white house. >> john: from my old perch at the white house and let's bring in jeff mason, white house correspondent for reuters. old home week. >> washington taking over. i like it. >> john: talking about the age of politicians, "wall street journal" put it this way. presidents and congressional leaders entrusted to make decisions that address war and peace and the rights of millions of people aren't clear eyed when it is time to step aside from their high-powered jobs. john mccain wrote in his book the biggest mistake members of

congress make is that they stay too long. nikki haley has talked about age limits for members of congress. and i guess mental acuity tests for presidential candidates. a recent poll suggesting that for the supreme court for president and congress that there should be either term limits or maximum age. what do you think? >> number one what is striking to me about the intro to the story it is a bipartisan problem. democrats and republicans staying long. we have old leaders running for office both for president, president biden and president -- former president trump and the leaders in congress. it is something that affects both parties and where it becomes an issue in a campaign. a couple presidential candidates saying it is time for a new generation. will it resonate with americans and voters?

tbd. >> gillian: everybody is starting to talk about it. i asked governor haley about it yesterday. she had a biting line about congress. take a listen. >> it is sad. no one should feel good about seeing that. any more than we should feel good about seeing dianne feinstein or a lot of what's happening or seeing joe biden's decline. what i will say is right now the senate is the most privileged nursing home in the country and mitch mcconnell has done some great things and he deserves credit. but you have to know when to leave. >> gillian: the question is who aside from members nearest and dearest is going to steer them in that direction. doesn't seem like it's in anybody's political interests. >> many cases these are leaders who have been in public life for decades and it is on one level said to see people who have had long careers and important careers, regardless of which side they're on politically, not

really knowing when it is time to exit the stage. i think that's what the governor is saying there. on the other hand, you bring particularly in congress, a lot of advantages when you hold onto your seat for a while to your state and to the people that you represent. that's something voters probably have to keep in mind as well. >> john: attending physician at the capitol said mitch mcconnell is fine to carry on his duties. we'll keep watching. you have to wonder if he has had these episodes in public is he having them in private as well? >> we've seen a couple in public and very -- it's very hard to watch anyone stand in front of a microphone and not be able to get out his words and at least temporarily not seem aware something is wrong. that's hard to watch. he does have i guess an explanation to the extent he had this concussion including somebody on the other side of the party line with president biden yesterday saying this is something that happens.

>> john: post concussiony fascia is common. >> gillian: the latest reporting with hunter biden's email exchanges with his father and white house. the 5100 emails with an alias. now new records are showing hunter biden's firm exchanged over 1,000 emails with the president's office. what, if anything, do you read into that? >> on a big picture level it continues to show that hunter biden is a political liability for his father and it's also sort of a family weak spot for his father. the president defends his son. dr. jill biden defends their son. politically it will be a tricky issue for them going forward into the re-election campaign. in terms of what's in the emails

we have to wait and see what they say and what the evidence points to. not unusual for there to be some correspondence between a son and father whether he vice president or something else. what is the correspondence about and what influence did it have? >> john: we don't know the content. 5400 emails that records and archives have under the pseudonyms. some of the content of the 1,000 emails exchanged between the white house and rosemont seneca and suggests hunter biden had good influence in the vice president's office and involved in scheduling things like a chinese state luncheon. march 2012, uk states tourney. turkey state luncheon. what it but resting his business contacts? >> what it means in terms of influence get more details. state dinners are largely organized by the first lady's

office. in those years it would have been michelle obama's office. i would be curious to see what the connection is directly. the questions it raises and that you and others are raising is to what extent did a son not a member of the government have undue influence on his father or others in government. legitimate questions to ask. >> gillian: thank you for taking time with it. >> john: have a good day at the white house. tell everybody i miss them. i get to sit with gillian. thanks, jeff. appreciate that. >> gillian: the august jobs report out a moment ago. employers added 187,000 jobs to their payrolls last month beating the estimate by 17,000. a good thing. unemployment rising slightly to 3.8%. we'll get new reaction from president biden when he speaks from the rose garden coming up in a bit this morning. fox business correspondent edward lawrence joins us from

the white house with all the details. >> the labor day next to the u.s. capitol keeping the washington thing going. they did beat expectations with this jobs number. however, the jobs keep slowing down. slowing down pretty quickly. now we have 8.8 million jobs open in the united states but at this moment 6.4 million people unemployed. as these numbers come back in line, it means that jobs will be harder to come by. over the past three months the economy created 150,000 jobs a month. as that number slows down you have an increasing number of layoffs as companies announce that. that will be the problem. >> as an economist if you look at the job market over the last couple of years it hasn't been as weak as i expected given some of the horrific policies and big run-up in inflation and the fed tightening. >> the average hourly wage

increased but the number is too high for the federal reserve pushing inflation and inconsistent with the 2% target. the concern for small businesses here sits with new wage rule put forth by the labor department. the national association of home builders says the new rules will force companies to pay more workers overtime and basically use union wages as a national rate when only about 11% in the construction industry is unionized. a living wage varies area to area. the white house says it's about fairness. >> the department of labor is supporting one of the basic tenets of bidenomics. a hard day's work should lead to a fair day's pay. it would deliver on the tenet by extending overtime protections to 3.6 million salaried workers. >> so you see two sides pushing against each other. the federal reserve pushing down inflation and administration adding costs on businesses which

then would add to inflation. so sprinkle in slowing job growth and the question or argument can be where is that bubble? >> gillian: you have a beautiful view of the capitol dome behind you. >> we can thank brett, my photographer, for that. >> john: california lawmakers voting a bill to punish store workers for trying to stop thieves. business owners call it a license to steal. >> gillian: a collegiate female athlete is asking for presidential contenders to protect women's sports. >> john: look at this. 93,000 people filling a stadium to watch nebraska's women's volleyball team. the story behind that record-breaking crowd coming up. ♪

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>> gillian: welcome back. smash and grab crime continues to spike across california cities, state lawmakers are voting on a bill that some

businesses say is only going to incite more crime. william la jeunesse joins us from l.a. with the details. >> gillian, supporters of the bill say rank and file employees should not have to confront shoplifters because it's dangerous. but some small retailers say what lawmakers here are proposing gives thieves a license to steal. here is why. >> it's not enough that we decriminalize property crime but now he is saying you can't stop criminals from stealing, taking your property. >> so california police generally don't respond to theft under $950, stores are on their own. now the sacramento democrats are pushing a bill that can fine businesses up to $18,000 if it intervenes to stop a robbery or theft. hundreds rallied at the state capitol to protest sb553 which requires retailers to hire private security if they want to stop crime. owners of convenience stores,

gas stations, many indian americans say they can't afford it. >> we cannot compete. the big box stores, we have small retailers. >> rather than sending my kids through university to get educated i should teach them how to steal. grab $950 or less and come home. >> the bill requires retailers to file a workplace violence prevention plan only private security can confront shoplifters, otherwise retailers can be fined $18,000 per incident. businesses must log every threat of violence and provide trauma counseling if it happens. >> this is a terrible bill. a terrible bill that seeks to put all the burden on the business owners for the lawlessness that we're experiencing in california. it is wrong. >> so again supporters say that the bill protects employees from having to confront thieves or recover stolen property. opponents say many now believe

that shoplifting will get worse because no one is afraid of the law and it only makes things worse. the bill is heard in committee today and passed the state senate. >> gillian: all right. pretty alarming stats in there. william la jeunesse, thank you so much. john. >> gillian, as the debate over transgender athletes continues, one college athlete is calling on white house contenders to stand up for women in sports. macy plays volleyball for lee university in tennessee. pledge to protect female athletes like me if you are running for president. let's bring in outkick founder clay travis. two guys talking about this is not lost on me and go to what she wrote. female athletes like me should no longer face the embarrassment of our president celebrating male participation in female athletics under the guise of inclusion or strip me of basic safeguards like female only

restrooms. we need a president to alter this course and take a stand knowing that they will be ridiculed and mocked by the tyranny of the minority. there is only three candidates so far who have agreed to do something like that. nikki haley as well as former president trump and vivek ramaswamy. do we need to hear from the others? >> yeah, i do. and as much as i would like to hear from republicans on this issue, i think we can also give credit to rfk junior on the democrat side for saying this is all crazy. joe biden won't address it. in fact, as i'm sure you saw this week, karine jean-pierre said this was a, quote, complicated issue with many different angles that had to be considered. it is not remotely complicated. men are bigger, stronger, faster and women. i give credit for riley gaines

for speaking out after swimming against will thomas and changed his name to lia thomas went from the 400 best male swimmer to the 500 meter champion in women's swimming in the ncaa championship. this is crazy. would anyone out there have ever believed we were going to be arguing over whether women had to compete against men? that's the entire reason we separate the sexes. and also building on this, we just saw the little league world series end. everybody has to be 12 or younger to play in the little league world series. congratulations to california who won in a fantastic fashion on a walk-off home run. what would the reaction be if we found out that they had a 14 or 15-year-old boy on their team? they would be stripped of the championship and everyone would be outraged because there is an age limit. we have age limits. we have sex designations. and certainly even in high

schools we have different size high schools that play against each other and also some that give scholarships and some that do not. we divide weight classes for boxes in ufc to try to create equality. there you see a picture of lia thomas standing next to railey gaines. lia thomas six foot 4, 225 pound grown man. riley gaines, she was just on our outkick special. five foot seven. that is not -- >> john: emma weyandt is another swimmer who finished second to lia thomas. she was supported on instagram by kim russell recently who is the women's lacrosse coach at oberlin university. when that instagram post was brought to the athletic director kim russell was hauled before a

struggle session where everybody piled on her. here is how she described it in an international women's forum documentary. >> i had prepared myself emotionally because i knew what was coming. chairs were set up in a huge circle. i felt like i was burned at the stake. i felt like i was stoned and hanged all at the same time. >> john: now she doesn't know whether or not she will be able to stay as the women's lacrosse coach there. this is all because she stood up for a female athlete and said what do you believe i can no longer stay silent about this? >> in an instagram post. this is not america. where when you share an opinion -- by the way, an opinion that i would venture 90% of sports fans agree with and according to a recent gallup poly believe it was 70% of americans nationwide. the number was growing. this isn't some minority tiny

opinion, which by the way she should have the right to express even if it were not the majority opinion. but we're living in a banana republic when you aren't allowed to say men and women are different, biology is real and therefore we're going to separate the sexes. look, here is the deal. if we had just one gender, right? if we said there are no gender differences at all, this is uni sex, everyone is going to compete, i don't think women would win a single gold medal at the olympics. that is why they are separated. maybe somebody in shooting, in archery, i don't know, i'm not an expert on that. maybe someone could win who was a woman. they would win 0 gold medals in track and field or competitive team sports. is that really where we're headed and what people want >> john: you mentioned polls. marquette law school require

transgender athlete to compete on teams that match their birth assigned sex. 71% agree. we'll follow all of this. it is only heating up. clay, thanks for joining us. look forward to your show later on today. >> appreciate you having me. thank you very much. >> gillian: police are searching for a convicted murder on the loose near philadelphia after busting out of prison. this is a live look at one of the country's busist airport in atlanta. your vacation plans are liable to hit some turbulence this weekend. weekend. is about to become a bad one. but then, i remembered that the world is so much bigger than that, with trelegy. because one dose a day helps keep my asthma symptoms under control. and with 3 medicines in 1 inhaler,

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the 34-year-old was serving a life sentence for stabbing a former girlfriend to death last -- he is considered extremely dangerous. the u.s. marshal service is offering a $10,000 reward for information leading to his recapture. we'll have much more on how he escaped and where police are searching coming up live in a report next hour. >> gillian: transportation tracking services reports now that more than half of all americans are going to hit the road this labor day weekend over the next three days. the national average for a gallon of gas right now is $3.82. just about a cent lower than the same day last year. garrett tenney joins us from chicago with all the details. >> good morning to you. labor day weekend is like the last hurrah of summer. more than half of americans are planning to hit the road this

weekend to really milk this holiday for all it's worth. two big things affecting travel plans for a lot of those families, inflation and gas prices. as you mentioned, the national average price per gallon is $3.81. about the same it was last year but no question folks are still traveling. a lot of families aren't traveling quite as far, eating out as nice or splurging as much as they may have in the past. >> whether i will take some of the road trips and do i need to use the car as much >> we're headed down to the chicago aquarium coming from the border into wisconsin. going down for the day with our family. >> i usually stay at home to stay out of the crowds and all the traffic. not this year. my nephew's wedding and would not miss that for the world. >> bookings for flights, hotels,

rental cars and cruises are up 4% from a year ago according to aaa. the roads are expected to be especially busy given the shorter trips, gas prices and inflation and families whose kids are back in school and need to be back home monday. aaa says the best time to hit the road today is early. >> what happens is if you wait too long on friday you will be mixing with people commuting to work. a lot of people are working friday. the roads will be packed with travelers and commuters. we always recommend trying to leave as early as possible. >> for your trip home, traffic is expected to be the worst all day on monday. so aaa recommends leaving really early or waiting until that night to skip traffic that will be all over the highways. >> gillian: sounds like a great weekend to stay home and not do anything. garrett, thank you so much. appreciate it. john. >> john: gillian, the august jobs report is out.

u.s. adding 187,000 jobs showing that the labor market is cooling a bit. 110,000 fewer jobs were created in june and july than previously report evidence with unemployment rising slightly 3.8%. let's bring in a former chairman of the economic advisors for the president. it was above expectations, 170,000 was expected. how do you read this report? >> it was above expectations but there were those big downward revisions to june and july and a tick up in unemployment as a ton of people came in from out of the labor force and it drove down wage gains. when i add up the total of this data i think it probably points to a fed pause in september. >> gillian: what about we talk about this on the show quite a bit, the difference between the actual economic numbers, the

forecast and then the lived/felt experience of americans. there is this fox news poll out that shows 80% of americans -- democrats and republicans -- say the economy is only fair or poor. so something between the numbers aren't so bad and 80% think things are fair or poor is not -- something is getting lost in translation. how do you account for that? >> something is getting lost in translation. we see it in this report with that slowdown in wage gains because one of the big stories of the past 2, 2 and a half years is that even as wage gains have crept up they haven't kept pace with inflation and they are about 6% in real terms injusted for inflation wages are 6% below had we continued on pre-pandemic trends. >> john: joe biden says wages are up, people are making more money than before.

it is true that last month wage gains outpaced inflation. i think they were running 4.2% and inflation at three. but you had previous ten months of wage loss. here is where we are now. wages in august the actual number on the left should be a negative in front of that because wages went down 4.3% and inflation was up 3.2. we back slid over the last month as well. how do you read all of that? as we look in the lower right-hand side of the screen the dow jones average what it is like today. >> earlier this summer we saw wage gains catch up to and outpace inflation by a decent margin but it is still making up lost ground and still nowhere near where real wages would be had they continued at the prepandemic pace. when you survey households over the past year, year and a half they are reporting levels of economic confidence consistent

with recessionary periods. that's how they feel with the wage growth lagging for almost 2 1/2 years lagging inflation and the price level. >> gillian: what about the reality that some of the economic factors, the negative economic factors in play now are hitting young adults especially hard? the fact that mortgage rates are so high, the fact that though employment is high, decent, as you mentioned, a lot of jobs right now are low-wage jobs. there are compounding factors. leading up to the 2024 elections voting block is pretty important. >> yes, certainly we saw in this report the increase in labor force participation was in large part driven by young people, young americans entering the labor force. in part out of necessity and with mortgage rates above 7%, i think there is very little prospect for first-time home buyers to get on the housing ladder and it does weigh on

sentiment for younger americans. >> john: you think the feds go to pause, no increases? >> when i look at what happened to the unemployment rate and labor force participation and the slowdown in wage gains to me it points to a fed pause in september. >> john: we'll see if you are right. >> gillian: happy labor day weekend. look at this. a utah woman accused of murdering her husband is slated to appear in court later today. a judge will determine whether or not her case goes to trial. what will factor into that decision. we got insight into that coming up. plus this. you might remember. >> it is going to feel really great just to be able to know that the first amendment and free speech and the freedom of religion is alive and well for all americans. >> gillian: that high school football coach won a supreme court case after being fired for praying on the field. he will return to the gridiron

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>> john: the utah mom and author accused of poisoning and killing her husband will appear in court

this afternoon. she will attend a hearing to determine if her case is headed to trial. she is facing a lot of charges including a first degree felony charge of aggravated murder coming less than a month after it was announced the state would not seek the death penalty in the case. let's bring in jonna spilbor, criminal defense attorney. this case is fascinating. 32-year-old mother of three. 39-year-old husband dies suddenly. she writes a book about grief after his death and then shortly after that book becomes -- starts selling really well, she gets popped for his murder. >> yeah. very, very bizarre. if you are a prosecutor you think wow, what a psychopath she must be to murder her husband and profit from it by writing this book. if you are defending her you'll step back and say wait a minute. we can explain a lot of what the

prosecution is going to put forth as the means, motive and opportunity against her. and partly what's going to happen today at the preliminary hearing is the prosecution will have to start showing its hand. corey richens when have an opportunity to present some of her case. i doubt she will. it is something that's rarely done at this stage in a criminal case. >> john: the case that the prosecution is making. she was a real estate agent, started her own business. quickly went into debt to the tune of $2 million. needed some money. according to the prosecution, she took out five life insurance policies against her husband designated herself as the beneficiary and suddenly he dies from fentanyl poisoning. >> let me play devil's advocate. her defense team will say she wasn't in debt. they were celebrating some big real estate deal the very day or day before he died.

number two, the evidence that she is the one who poisoned him with fentanyl is coming from a known drug dealer. one thing juries don't like is honor among thieves. how credible is that evidence going to be against her? she is also, i think, going to throw her deceased husband under the bus and say look, he did have a drug problem. it wasn't me who drugged him. he drugged himself which if i were a betting woman that will be what her defense hangs on. i don't see any other defense for her, john, in a case like this when she was the only one that was in the house other than her children when he died. they can easily prove, toxicology will prove how he died. whenever you are married to someone there is always an opportunity when you share a pillow with whoever you share a pillow with, there is an opportunity to kill them. this is not going to be a slam dunk for the prosecution but she has some defenses here that i suspect she will put forth.

>> john: the timeline here so folks at home can see how it progressed. january 2022 corey allegedly updates her husband's life insurance policy. february 11th same year she buys 15 to 30 fentanyl pills for $9 hundred. february 14th three days later on valentine's day eric becomes ill, her husband and claims he has be poisoned. the 26th she buys another $9 hundred worth of fentanyl. march 4th eric is found dead from a fentanyl overdose. a year later corey publishes the children's book and may eight charged with murder. the key evidence in the case she searched fentanyl, made life insurance payments, police investigations were carried out. withdrew money from bank accounts without her husband's knowledge. series of fentanyl purchases and updated her husband's life insurance policy to make her the beneficiary. from a circum -- that would seem

to add up against her. >> pretty strong from that point of view. her defense team isn't simply going to take that laying down. when you have a circumstantial case like this it is imperative the defense team pokes holes in every step of the prosecution's case. we won't see all that today. we'll see it forthcoming. she will be bound over for trial, trust me on that. >> john: we'll watch the court case unfold later on today. thank you for that. appreciate it. >> dana: after a three-year pause student loan payments are set to begin once again. if you are a borrower we'll tell you everything you need to know today. plus did you see this? talk about a spike. nebraska's women's volleyball team smashed attendance records this week. we'll talk to the team's coach, john cook, coming up next.

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>> gillian: it was a stunning sea of red in lincoln, nebraska. 96,000 fans filled memorial stadium for this. [cheers and applause] >> gillian: university of nebraska women's volleyball team smashed the world's record for the largest crowd to watch a women's sporting event. how did they pull it off? the team's coach, john cook, joins me now. first congratulations. >> thank you. >> gillian: how are the team feeling? >> a wild couple of days. we're on fox news, so this has been non-stop and -- but it was an epic night for volleyball,

for women's athletics, for the husker nation and all this happening in lincoln, nebraska is an epic night. >> gillian: you guys will be in the history books. how -- this doesn't happen by accident. how did you guys pull it off? it involved a bit of strategy. >> well, this all started, we held the all-time attendance record for a match and it was broken last year by wisconsin. we didn't have a facility big enough to break their record. so our athletic director and i were sitting down and well, what will we do? he said let's do it at memorial stadium. as a volleyball coach. an indoor support. how will we do that? so we started working on it and next thing you know, we figure out a way to do it and we put on this event and our president of

the university, ted carter, who is a former top gun instructor and pilot, said hey, we've done this on aircraft carriers with basketball. we did an ice hockey. let's do it. he said we'll sell it out. sure enough, it's the biggest crowd ever in memorial stadium that hosts our football team and now a world record for a women's event. >> gillian: how do you think this changes women's volleyball and women's sports more generally moving forward? do you think it will help level the playing field? >> i think what has resonated with me is in 1999 when our usa women's soccer team won the world championships in pasadena in front of a huge crowd, those memories were etched in a lot of people's minds of okay, this is a women's sport, now big time, they filled the rose bowl. i think this is the next

evolution of that and for the sport of volleyball. it has never been done before. nobody thought it would happen like this. you can see everybody had a great time and what was really special for our team and for me, they were in it every point. it was a celebration. it was a great sporting event. they were -- the fans were so into it. i never felt that much energy even at a football game. that's what made it special. >> gillian: it's pretty cool. congratulations to you and to all the corn huskers. thank you for taking time to talk about it with us. hope to talk to you again. >> thanks for having us on. it was a privilege. >> gillian: nonprofit legal group has filed a lawsuit against the national archives demanding the release of thousands of emails dating back to the obama administration. the group claiming the emails could shed light on wh