football draft i have to prep up for. people say i have a problem. >> todd: it's ironic in the football break we were talking about fantasy football. >> carley: my husband did his draft yesterday i don't know if it was a success or not but i heard >> todd: all draft all kickers we will see what happens. thank you. "fox & friends" begins now. the great wednesday, everybody. >> secretary of state antony blinken on the ground in ukraine where he is expected to announce another billion dollars in u.s. aid. >> armed negotiations between russia and north korea are advancing. >> they will pay a price for. this house oversight committee looking for documents alleged tipoff regarding a planned hunter biden tax interview. >> we have been instructed every turn by the department of justice, the homeland security, the media, and the list goes on and on. >> he will be arrested and charged. >> disturbing new footage, a man seen beating a 60-year-old woman inside a new york city subway station for over two minutes.

>> this type of violence is being perpetuated by the defund and incarceration movement. >> attorneys for alec murdaugh shows new evidence rebecca hill. >> indictment for murder, guilty. >> not someone who should ever talk to them about the case. never heard of it happening. >> it's a ben sheldon experience in the u.s.a., buddy. gauff a commanding come back victory. >> september 26th, 2023, start at 6:01 eastern time with a fox news alert. secretary of state antony blinken is arriving in kyiv early this morning with meetings top ukrainian official mr. zelenskyy. >> mr. blinken is expected to announce more funding for the

war torn country. >> lucas tomlinson knows this and we hope more because is he in washington to expand on this story. hey, lucas. >> good morning, steve, ainsley and brian. u.s. secretary of state antony blinken on the ground in ukraine for meetings with top officials where he is expected to announce another billion dollars in aid as the u.s. shores up more support for ukraine. russia is turning to one of its allies north korea. something vice president harris weighed in on in indonesia. >> i think it's, um, i will advised for there to be any collaboration between russia, um, and north korea. i'm concerned about it. we are concerned about it. >> not exactly high energy now the white house security adviser jake sullivan say arms talks between russia and north korea are actively advancing and issued the following warning without specifics. >> what i can say is this: providing weapons to russia for use on the battlefield to attack grain silos, and the heating

infrastructure of major cities as we head into winter, to try to conquer territory that belongs to another sovereign nation, this is not going to reflect well on north korea. they will pay a price for this in the international community. >> now, while the united states has exhausted stockpiles of high explosive 155 artillery rounds for ukraine forcing the u.s. to send cluster rounds. russia appears to be having trouble producing ammunition. mike waltz says a big stockpile awaits in north korea. >> i'm very worried about the amount of ammunition that they could provide, particularly artillery. and they can provide thousands and thousands and thousands of rounds that will allow russia to stretch the war out in ukraine. >> north korean leader kim jong un is expected to visit russia later this month to visit vladimir putin. this follows a recent visit to north korea by russia's defense minister, guys.

>> brian: lucas, we keep hearing that the administration is warning the north koreans not to help them with weapons. what leverage do we have in north korea? we have no trade relations with them. we have no diplomatic relations with them. they are the ones spending all their time threatening us. where is the leverage. >> as we found with russia's invasion of ukraine, brian, when you are a nuclear power the rules are very different. that's for sure. >> steve: perfectly said. you are right. thank you for the live report from our nation's capital. remember the hunter biden plea deal the sweetheart deal that exploded when the judge said hey, what's going on? have you ever seen anything like this? and the people said nope. and essentially that deal has completely cratered. well, now today is the deadline day where the special counsel now, david weiss, is going to update the judge and hunter biden's defense attorneys are going to say hey, remember part of the plea deal was a gun

diversion, where essentially the gun charge was going to go away. the federal government says that all went away when the plea deal went away. the judge is going to take all that information in and try to figure out where we go from here. >> ainsley: this investigation continues. now house oversight is subpoenaing different people including the homeland security secretary mayorkas. two secret service officials. because they want to find out more information after the whistleblower, gary shapely, he said on december 7th, 2020, the fbi notified the secret service that hunter biden was going to be interviewed the next day. so james comer says this is a cover-up. the doj initiated this and now dhs under mayorkas is complicit. >> brian: here is the official dhs statement. mayorkas spends a lot of his time congress sweating. he will be there again it looks like. comer's claim that the agency obstructed or withheld a

response is categorically false and these subpoenas have r. entirely without basis. by the way also says the border is closed. dhs following standard procedures for review. utilized across multiple congresses. normal and usual process in the step to insure the law enforcement sensitivities. response and more. the question is if they ask him to come, he is supposed to come. and let him back up other statements because these whips have changed the shape of the entire investigation. they really were the reasons why this deal blew up to begin with when they talk about that gun deal, the diversion deal, they were going to say to hunter biden hey, listen, we won't prosecute you on this if you promise never to own a gun again or promise to never own a gun course. >> ainsley: expunge your record. >> brian: in the beginning. david weiss, now he has this new status, able to move to d.c. or los angeles. he moved to california with this. enough to he can go and

investigate further, himself, now that he does, this is he going to say i'm going to look into the foreign business dealings and, therefore, i'm going to need more time to find out the scope of which i'm going to charge and the deal in which i could make? >> steve: well, he absolutely could do that. we go back to ken starr and the white water investigation once you open a special counsel who knows where you are going to wind up. ultimately though what they would like to do is with mr. mayorkas' testimony and these latest subpoenas is it's all part of the republicans in the house trying to get an impeachment inquiry going. the problem for speaker mccarthy right now is when we were talking about this last week, now apparently all the entire republican caucus is going to have to vote for it. >> the problem for mccarthy is he doesn't have enough votes because there are a number of moderate republicans in districts that joe biden won who say i have looked at the bank records but there is no evidence that any laws were broken. so i can't go along with it right now. >> that is the pickle he is in.

even though james comer and company, they say, look, we have got bank records, a lot of stuff. let's have a vote. here he is, watch. >> i have been in conversation with a lot of the moderate members who, obviously, for various reasons, have been concerned about this. but the evidence is overwhelming. and the fact that the white house announced today they are creating a war room, as opposed to cooperating with our investigation, if joe biden is completely innocent. if he is running the most transparent administration in history like he said, if he has been completely honest with the american people about knowledge and involvement in family's shady business schemes, why won't they just comply with our request? even members of the moderate wing of our party are realizing this could potentially be the biggest political scandal in my adult lifetime. >> brian: there is a couple reasons why moderates might not vote for this, because they are in districts that are purple. there is a lot of democrats that they need to keep your seat. especially in new york and california. so you say is it worth an

impeachment inquiry? not an impeachment process to movie this further? can i get to a point where can i get moderate democrats and independence this is something we should be following and one thing they could being doing is making a case of obstruction. look, you don't even know how bad this can be because ever the war room they are about to set up and they have still slow-walked every single request that was made of this white house. who evidently plan says that they're the most transparent white house they just don't want to give out any information regarding anything that would make them look bad which severing to do with hunter. >> ainsley: matt gaetz is threatening to force an impeachment vote e wants joe biden impeached. he says he will oust kevin mccarthy if he continues to. >> brian: who do you put there steve scalise dealing with blood cancer right now? is there anybody else? matt gaetz is speaking into the wind. just look at mccarthy's slot. he's not slow-walking anything.

he only has a small margin. >> ainsley: one of the holdouts trying to get the votes for mccarthy. >> brian: have him call moderate republicans and see if he can switch to his side. mccarthy would be more than happy to have him do that. >> steve: not the only push lauren boebert from colorado did it back in june over the border. where did that go? those articles of impeachment wound up in a committee where they are sitting. >> ainsley: don't you think that republicans would be for this if there is more information. >> steve: get a referral. >> ainsley: it can be approved and get to the bottom thanks then republicans would be all for it. they definitely need that proof before they start an impeachment. >> steve: as we were talking about, the people, the republicans in those districts that joe biden won, they have got to be able to say look, i voted for it because, look at this, it shows that was actual corruption. not just bank records but things that shows that laws were broken. so far comer and company have not been able to put that together. >> brian: what is so

overwhelming, anybody with just a discerning mind and not blatantly biased knows that joe biden. >> ainsley: already lied. he has already been caught lying. >> brian: he lies every day. and he has been lying for years but never before as egregious as. this and not one person has even asked him, did you meet with tony bobulinski? did you talk about business deals? nobody asked him this, and he won't sit down and talk to anybody. >> ainsley: right. you say no business dealings? what about this? what about this phone call? what was it 15 -- 17 phone calls. what about playing golf with them. what about firing the prosecutor using american money. >> steve: why don't the republicans call the biden family members. >> ainsley: they should. so quick to impeach donald trump. when it comes to biden so. >> steve: republicans are. >> brian: i don't think so the republicans are slow walking it. there is a process bringing it forward. >> steve: subpoena. >> brian: hunter biden in text messages says my dad is sitting next to me and he basically will

not forget this if you don't produce for us links to the chinese government. if you saw anything close to that don jr. texting says my dad is sitting next to me, donald trump would be in jail right now. >> steve: subpoena them. get them under oath and have them tell the truth. >> ainsley: we have got to talk about this story, too. the crime crisis the lady beat within her own cane. we are turning now to america's crime crisis. the suspect of accused of hitting the 60-year-old woman more than 50 times with her own wooden cane has now been identified. >> brian: the victim says the suspect should already be behind bars as reports reveal he has a long criminal record dating back more than 20 years. >> steve: todd piro joins us with the very latest. todd, they had the guy and they let him go. >> todd: and that is the question so many people are asking this morning. good morning to all three of you. warning, the video we are about to show you is graphic, will be pretty hard to watch. police say norton blake is the man in this video hitting a 60-year-old woman so hard with that cane the cane begins to

break. sources say the suspect was questioned by police after the attack, instead of arresting him they released him. the officer's response is reportedly under investigation as law enforcement sources reveal that blake is a career criminal. they say he has at least nine priors for crimes like assault, resisting arrest and trespassing laurel reynolds, the woman who was attacked is calling for her attack her to be put behind bars as she lays in a hospital bed telling the "new york post," quote: he pushed me and he hit me with his cane. he beat with my walker, too. i did not deserve that at all. and i pray to god that it doesn't happen to no one else. but they need to keep that man off the street, end quote. her daughter agrees. the attacker should be placed in cuffs. she tells the post, quote: i'm hurt. it hurts. that man could have killed my mother. y'all did nothing. i have a problem with that. he shouldn't be on the street. the nypd says they are confident blake will be arrested soon and charged with assault for that brutal attack.

but he does remain on the loose this morning. >> brian: here's the crazy thing. they never looked at thed video. cops go on the scene and different versions of the story. 60-year-old woman all beat up. behemoth of a guy with a huge criminal record stands on the other side. the woman says if you want to press charges i have got to arrest you both. i have got to arrest this battered and bruised woman going to the hospital at the same time this other guy clearly she not aggressor. >> ainsley: why would they have to arrest her. >> steve: story doesn't make any sense. >> todd: it does belie logic. again, you don't want to stereotype people if you see a big hocking bruit of a man and somewhat elderly woman beaten up, can you make an assumption that she probably wasn't the aggressor in the case. >> ainsley: they could watch the video. this was a transit worker recording it. the lady was upset because someone is recording this and not jumping in and not helping. but, after what happened on the subway with what was his name daniel.

>> todd: daniel penny. >> ainsley: people are scared to jump in now when you see what happened to him. >> todd: the mta did come out and say that worker who made the video was doing the right thing according to their protocol. >> ainsley: they said they wouldn't have proof without that worker. >> steve: what do you have to do to get arrested in this town. >> todd: it's insane. >> steve: it is. todd, thank you very much. >> brian: no cash bail situation when those cops defend themselves, i imagine, to their lack of action. are they going to say this is what we have to do now as cops which is why you can't recruit and why you can't retain people. >> steve: well, there is an investigation, we should know the answers very shortly. >> ainsley: 15 minutes after the top of the hour. coming up lawyers for convicted killer alec murdaugh seeking a new trial ago alleging jury tampering by a member of the court. we will talk to an attorney with close ties to the indicates coming up next. >> brian: plus is, mass mania back elementary school in washington, d.c. reinstating mandate with 3rd graders as covid cases rise. is this just the beginning? it better not be. ♪

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the department of justice accusing him of leading violent protesters, three other leaders of the proud boys were also sentenced to between 15 and 18 years behind bars. that is a lot of time. an elementary school in maryland is enforcing mask mandates for the 3rd grade class after a rise in cases at the start of school. the principal stating, quote: additional n-59 masks have been distributed and student and staff in identified classes or activities will be required to mask while in school for the next 10 days except while eating or drinking. thanks for that clarification there on the eating part. the u.s. coast guard arresting a man for attempting to cross the atlantic ocean in a human size hamster wheel. the man was trying to use the device to go from florida to london. court documents claim he is now facing federal charges for refusing to leave the floating vessel, this is not the first attempt. he tried to make the cross

atlantic trek in 014, 2016, and 2021. at first if you don't succeed try and try again, ainsley. >> ainsley: don't think a shark could get in there it's like its own little cage. why was he arrested? s is is it illegal? >> i don't know. i feel there are details missing from the further we have to investigate further. >> ainsley: i agree you have to be some sort of a ship. >> carley: if it's not safe it's on him. >> ainsley: thank you, carley. >> carley: you are welcome. >> ainsley: alec murdaugh's lawyers are seeking a new trial claiming jury tampering. >> the clerk of court would go in to the sanctity of the jury room before he testified and tell the jurors don't be fooled by his testimony. watch out for his body language. and that is what the sworn testimony that we have filed in court today says.

and if that is true, which we have every reason to believe that it is and no reason to believe that it's not, there's no choice but the courts to grant a new trial. >> ainsley: well, our next g.p.s. represented the sons of murdaugh's late housekeeper, the lady who died there on the moselle property. eric acre bland joins us. good morning to you, eric. >> good morning, ainsley. how are you? >> ainsley: i'm doing well. i can't believe we could be going through this all over again. the clerk of courts, annual elected official, i believe, what do you know about her? >> she served for a long time. she was actually recommended by the murdaugh family to run for election. she is an elected official. these are serious allegations, ainsley. the system has to get the worst of us. and alec is the worst of us. she is being accused of

interfering with the jury. under the rules of law only the judge kin structure the jury on what to do with testimony how to look at evidence. she has ministerial role during the trial. these are allegations that she has a right to defend herself against and certainly i would like to hear from the attorney general. you know, it started with a discharged juror. so, we have to see where it goes. i think it's something that needs to be investigated but i'm looking at it very suspect at this time. >> ainsley: could be disgruntled juror that juror that was dismissed because ex-husband allegedly wrote something online on social media about the case. she says i haven't talked to my ex-husband in 14 years. turns out are saying that wasn't even her ex-husband. they can't find the message that was put up dick harpootlian and jim griffin go door to doors all these jurors. they knock on her door did the clerk of courts say something

she shouldn't have said? do you think this is disgruntled juror and whether are we going to hear from the clerk of courts? >> well, i don't think you are going to hear outside of the court hearing from the clerk of court herself. you may hear from a lawyer who is representing her. but i haven't heard yet did any of the jurors free agency has been compromised. none of the jurors have said well, i was bullied into a verdict by other jurors or by the clerk of court. and that's the most important thing for me is did they have their free agency compromised? and right now we don't know that this juror, we have to put her under oath and see what she has to say. >> ainsley: there is another juror that dick harpootlian was saying, also, said the same thing. so we'll have to look for the proof there. i know the clerk of court did write a book talking about going to moselle with the jury and how they all looked at each other and thought he was guilty. i mean, look, he was convicted. if she allowed to write a book? is that normal? >> it's not normal but, sure,

she is allowed to write a book. >> ainsley: is she allowed to say that though? >> she can. at this time i wouldn't have recommended it. but she did. and, you know, jurors write books, prosecutors write books. don't forget, ainsley, the jury was individually polled after the verdict. >> they were individually in open court. >> ainsley: what did they all say? >> guilty. they said he was guilty. >> ainsley: okay. all right. where do you think this goes? >> well, i think we're going to have an investigation. dick wants it to be an fbi investigation. i'm not sure it's going to be that i'm not sure the judge newman can't be the judge if it's ever sent back for a retrial. i'm not sure he is a witness. they are definitely angling to get him in federal court that's why they are doing this plea this month on the financial times. they want him to serve his time in federal prison. we are are never going to see alec murdaugh on the street again. it's a question whether it's a federal prison or state prison

or in prison for murder or the financial crimes. >> ainsley: this team dick harpootlian is not used to losing cases he was the head of the dnc when i was in local news down there. big wig in that state. he wants a win. thank you so much for coming on. >> he doesn't want to go out losing. thank you for having me. >> ainsley: we do want justice served if there is something here, it's only fair. coming up, a new warning from the white house how north korea could pate price if it splice russians with weapons. thousands of migrant children set to start in new york public schools tomorrow. unlike their classmates they won't have to show proof of h evangelistav.ll the policy comin. g up. ♪

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to conquer territory that belongs to another sovereign nation this is noting two reflect well on north korea and they will pay a price for this in the international community. >> brian: north korea is really worried about their state with an international community. i don't know if you noticed, they relish being known as the hermit kingdom for a reason. national security adviser jake sullivan issuing the warning yesterday as secretary of state antony blinken arrived in kyiv today to the ukrainian capital. what was the ukraine done to foster relationships and alliances around the world? this comes after a new report russia and north korea may meet this month to talk about weapons and defense and what north korea wants and what russia wants and what russia needs is more artillery that's the one thing north korea has. look at the partnership, cing takes over likely to get in armored train with own toilet and supposed to go over to moscow and meet with vladimir

putin and meet with the defense secretary sho do you go tactics have been terrible since this war started two years ago on his own volition. the need for artillery and weaponry. what does north korea want advanced technology to move their nuclear program forward. so now the national security council warns against negotiation between russia and north korea. the problem is with the warning, they have no leverage. we basically have cut up almost all aid except a small 3weu9 of humanitarian aid and we have no diplomatic relations. talk about another relationship that's been fortified even more since the war started and that's between china and russia. why? because china has got russia to admit they will be the junior partner. that used to be the problem. it's not anymore because it's obvious that that is a small country with a smaller economy. and this one is emerging even though they are having huge economic struggles right now. the first time that he actually met with vladimir putin, a leader since the pandemic was in march. then he met again on the 15th.

further fortifying their relationships. but he has not given them direct weaponry. but he has done things like give them washing machines with chips in them. those chips can be used for weapons. so that's one way to get around it. but so far they have helped them with aid and they buy their cheap oil to help their economy stay afloat. they have in person meetings and that will continue to flourish. >> lastly, what does it mean historically? they have always had a relationship, china and north korea, basically china came in and saved north korea and the korean war and pushed america back. they are rolling those videos. those war videos in china on an hourly basis to show what china can do against the u.s. they don't show the part where mcarthur pushed them back. china has been belligerent and hard to deal with. china knows north korea can't collapse because they don't want a democracy on their doorstep. that's what would happen if

north korea and south korea unified. protect north korea if south korea attacked. a world war would take place. a fort find relationship with north korea, china, and russia. but did we have the choice? let's meet former cia officer and director of the wilson centers arab program sue me tear. nice to see you. >> nice to see you. you're thoughts about this formalized meeting and possibly a military relationship? >> so it makes sense from putin perspective as you mentioned they need each other. north korea needs their technology and russia needs -- >> brian: it's not a new relationship? >> no, it's not a new relationship. but, you know, so it makes sense why they would need to meet each other. north korea run away program. they tested 80 blimples. they need more technology for nuclear powered submarine for hypersonic missile. long range missile and so on you made a very important point we don't have a lot of leverage

with north korea. since the clasp of the hanoi summit between president trump and kim jong un there has been no contact. and china and russia actually since then there are not been sanctions, china and north korea. very importantly not much we can do about it, north korea completely isolated what more already sanctioned. >> brian: i do hear we are giving humanitarian aid but, besides that, i don't really know what we're doing with them because we have no talks and south korea and north is our block for them. so this is fortified their relationships but, sue, i don't think we have a choice. do we walk away from ukraine because we don't want china and russia to get together? do we walk away from backing that democracy because we don't want north korea, china and russia to form an alliance or the brics trade agreement -- trade nations to get closer? i don't think we have a choice. do you? >> no, we don't have a choice.

we still have to support ukraine, obviously. and there is not much we can do with north korea. we already tried everything. this north korean problem goes back to the clinton years. the first nuclear crisis was already in 1990s. we tried almost everything. even president trump tried meeting with curntion. so, at this point, it's north korea that doesn't want to talk to us. and, again, the issue is though we don't have a whole lot of leverage because they are already isolated and they don't care what the international community thinks about north korea. >> brian: do the best we can as i see it but you are the expert to make sure ukraine gets what they need to be successful. not to survive but to be successful. that means the tanks that we promised, the artillery that they need in order to win this fight. >> that's why we don't really have a choice in this matter. i think what the biden administration is doing right now is trying to pressure at least north korea to not meet with putin by leaking this intelligence but we see because kim jong un really don't care. >> brian: he doesn't care because it doesn't matter it's going to happen anyway.

sue, great to see you. it's going to be a very interesting time in the world. we seem to be dividing. >> yes. >> brian: let's go to up to carley shimkus with other breaking nuts. >> carley: starting with this new overnight a massive fire destroy ago storage facility in central california. the blaze sending thick plumes of smoke into the air. authorities in bakersfield raced to evacuate nearby buildings. so far no reports of any injuries. and the cause of the fire is still under investigation. this just in. former g.o.p. congressman mike rogers entering the rails for a soon to be vacant senate seat in michigan. >> i thought i put politics hind me but like you i know something is broken. america, under biden and his corcoronas is going in the wrong direction. >> carley: his bid follows debbie stabenow's retirement. this race could be one of the most competitive in 2024 as republicans look to regain control of the chamber from

democrats who hold a slim 451-49 majority and keep it right here because rodgers is going to join us exclusively next hour to discuss thinks decision to enter the race. those are your headlines, brian, down to you. >> brian: that is great news for republicans. >> i know he was thinking about running for president. he has that fbi background too and congress. >> carley: great to hear from him. i can't wait to hear what he has to say. it's going to be interesting. thanks so much, carley. coming up, nfl football is back tomorrow. so president biden is diving into his own political playbook with a campaign blitz. but, will it work? star quarterback of duke, the blue devils throwing a hail mary with homework extension. bit of rightness from his professor straight ahead. sometimes, ♪epre

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♪ >> well, they are estimating that 19,000 migrant kids are expected to join new york city's schools tomorrow for the first day of school but new york education officials aren't asking those families for proof of mandatory vaccinations. so what do parents think about this? new york city mother and vice president of the school board district 2 danielle sousa joins us right now live. good morning to you.

>> good morning. >> okay. so, in the hurry to get so many people into society here, this is another one of those rules that they're bending until now the rule has been on the first day of school, and we have got a list of the vaccines every kid is supposed to have. on the first day your kid has to have all of those unless you are a migrant family and you don't have to have them now for 30 days what do you think about that? >> i think it creates some health risks so in the district that i represent, district 2 here in manhattan we already had outbreaks of chickenpox last school year. we just want to make sure that the rules are consistent and that kids are ♪ suffering any kind of outbreak. >> okay, sign, this say that no, you have got to get the kids vaccinated within 30 days. do you think they are really going to get them vaccinated

within 30 days? >> i don't know. the chancellor didn't give us any specifics about how they are going to monitor the situation what are going to be the consequences of children who do not have their immunization complete after 30 days. and this rule, this grace period of 30 days was meant for refugees who come here and it was always in very small numbers, right? so the u.s. has never granted more than 45,000 asylum seekers for the entire country. just now in new york city we have over the last year and 20,000 in our public schools. the chancellor said it's okay. it has not felt okay for parents and school staff on the ground. >> sure. of course, that rule was from way back. >> yes. >> in history. who knew that we would have this kind of a border crisis right now. but, you know, when you think about it daniela, it's ironic because it was just a year or

two ago where vaccinated parents because of covid were not allowed into the schools. everybody had to wear a mask. now because of this biden border crisis it's like forget about all those rules, we made you all suffer for a long time but not now. >> yes. and i think that is the biggest problem is the issue of trust with new york city public schools now. the rules keeps changing, not based on science, so we have parents who couldn't enter their school buildings for a vaccine that did not stop spread of covid disease. a disease that is not so dangerous for children, right? and we had kids who could not play sports outside because of that vaccine mandate. and now, vaccines that we know have been effective for a very long time are actually dangerous for children not being forced. things not consistents in the rules, double standards and that creates a lot of trust issues. >> steve: sure, none of those kids have been screened before they go into the schools so they

could be bringing a disease and there could be an outbreak. fingers crossed. let's hope not. you are a family that embraces migrants you are from brazil, your husband is from ukraine. you all migrated to this country legally. >> yes. and our family just became refugee last year with the ukraine war. and we have refugees in our own home. >> steve: there you go. all right. daniela, thank you very much for dropping by and telling us your story. >> thank you so much. >> steve: all right. 11 minutes before the top of the hour, carley joins us with news that starts out west. >> i certainly do, steve. that's right. body camera footage captures the moment a gunman opens fire on lapd officers and criewfersz. after firing multiple rounds the offihetried to run as officers t back at him that happened in the picco union area. police were eventually able to chase down the suspect in

handcuffs. luckily none of the officers were hurt. the suspect is now facing two attempted murder charges. a man whose daughter was one of the 115 people killed in the devastating wildfires in maui is now suing maui county and the state of hawaii. he claims the government is responsible after failing to sound sirens to warn residents. officials claim they didn't want to confuse people into thinking they were tsunami alarms. and did you hear about this houston texans kicker is pledging to give a portion of his earnings this season to recovery efforts. the hawaii native will donate $250 for every field goal he makes and $100 for every extra point scored. how about that? duke's quarterback pleading with his professor for extension on his homework assignment after the blue devils massive upset over clemson on monday night. unfortunately his request did not go as well as the game. listen to this.

>> professor taylor if you are seeing this, please let me turn in my homework late because it's due tonight it may already be 12:00. >> great game last night you know wesley williams and the other linemen who were in the class they said they prepared ahead and did it ahead of time so why didn't the quarterback? so, no way, man. no extension. >> carley: no word on whether that paper has been turned in yet but, steve, at least gave it the old college try. >> steve: oh, man, the quarterback sacked by his professor. >> carley: yeah. >> steve: carley, thank you very much. >> carley: he also got sacked by his friends on the team. >> ainsley: he should have done the work we did it. >> steve: absolutely we did it before the game. >> carley: i'm sure is he happy about that. >> steve: beautiful day outside j.d. >> it's hot though. 94 is the daytime high in new york city. take look at it. not only the middle east.

103 in el paso. 92 in atlanta. much of the country feeling very warm. heat alerts for some of these big cities all up and down the i-59 corridor where it's going to be in the 90's and feel even worse with the humidity. baltimore, d.c., philadelphia, new york, albany, all close to 100 degrees and we look at the potential for some showers and thunderstorms for parts of the mississippi and the tennessee river valley today and tropical storm lee, that is expected to become a major hurricane in the next couple of days. we think it's going to remain out to sea; however we need to monitor it because look at that 150 mile-per-hour sustained winds. that is at least a category 4. so we will keep you up to date. fox weather.com for all of your latest details. steve doocy, over to you. >> steve: it's that time of season. thanks, j.d. >> janice: you got it. >> steve: a father's invention saved countless lives. now he is on a mission to make sure every school in america has the chance to save children from choking. the inventor of the life vatican

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including an amazing 800 children. >> brian: you have seen the inventor on our channel. can save choking children. is he pledging to donate hold on to something tight one free unit to every school in america. and there is about 100,000 schools. >> ainsley: wow, that's going to be very expensive. but he wants to save lives and he joins us now. good morning, arthur. >> yeah. it's going to be very expensive. how much is that going to cost you. >> about 6 or $7 million. >> ainsley: why do you want to do this? >> because i was sitting in wisconsin and a mother talked about her child that choked to death in their home, parents talked about sam choked to death in school. every year kids choke to death in school. it's at least five to ten every single year. and the committee said, you know, well, it's not in the budget. >> brian: it's $60. >> yeah. i said well, then i will give it to you. i can't do it. i can't keep watching our kids die in school when the simple

device is right here. >> steve: and my wife and i were at home. we watched you on tv. we wound up buying the lifevac for all of our grandkids including our grandson arthur by the same name. arthur, can you show us real quickly how this thing works? because it's like a little plunger. >> brian: which you invented. >> steve: so easy. >> i'm dad. panicking dad i want something simple oh my god, oh my god, that's it. >> steve: do that again. >> brian: hitting on the back does not work all the time. >> we just had a medical doctor couldn't save her child on an airplane, m.d., couldn't do it. didn't work. >> steve: get the plunger, just like that. >> ainsley: does it always work if the baby is choking on any type of work. >> never failed. it's physics not physiology. >> brian: not only that seniors going through parkison's. >> brian: yourself. every senior center, every school. and planes, how could you not

have that on a plane? >> we just saved life. the m.d. couldn't save the life. someone had a passenger had a lifevac, i always have one. we really want the home. kids, parent, someone be in a wheelchair. and you would safe yourself. >> ainsley: most of the children that choke, how old are they? >> your wind pipe isn't fully developed until 16, 17. girls are faster. but, you know, you are a in danger all that time. we have saved three week old to 18-year-old. >> brian: this goes around the country and it saves lives. a lot of police cars buff not all. firehouses but not all. all in america. invented by an american, manufactured in america, mailed out by americans, and you have your own warehouse on long island. >> keep in mind i made it last forever. these are all bad business decisions made it last forever. covers kids and adults and we make it here. use it i give you a free one. >> ainsley: you invented this in your