brian get a field goal. >> let's kick a field goal. come on. i'll hold the football. >> head down. head down. >> go to nyc >> bill: football season. here we go. a sweetheart deal has gone south. special counsel david weiss saying he plans to indict hunter biden by the end of this month over a gun charge that was nearly forgotten entirely about several weeks ago. that's where we start. big story and good morning to everybody at home. i'm bill hemmer. >> dana: i'm dana perino. "america's newsroom." carley shimkus could probably play football and do anything if she wants. brian kilmeade.

>> bill: we noted the costume change. >> dana: prosecutors set to charge hunter biden for lying about his drug use while buying a gun in 2018. a black eye for president biden who has stood by his son through thick and thin. >> president biden: first of all, my son has done nothing wrong. i trust him. i have faith in him. and he makes me feel proud of him. >> did hunter biden commit a crime? have you spoken to your son? >> i'm proud of my son. >> bill: that was over a series of months. republicans are investigating the entire collapsed deal that would have gotten rid of the gun charge and more, by the way, in terms of immunity. they're asking hunter's team to turn over all communications with doj amid allegations of political interference. >> dana: check this out. a new cnn poll shows 55% believe the president acted inappropriately during his son's

investigation. let's get to it now. house oversight member mike turner is here and his reaction to all of this. first let's go to lucas tomlinson in washington. hi, lucas. >> back in july hunter biden walked into the delaware courtroom to cop to a plea deal hoping to put legal woes behind him. the judge pulled on the thread and the whole thing fell apart. now david weiss says an indictment for the president's son is coming later this month. quote, the speedy trial act requires the government obtain the return of an indictment by friday, september 9, 2023, at the earliest. the government intends to seek the return of an indictment in this case before that date. the government doesn't believe any action by the court is necessary at this time. last night hunter biden's attorney said his client has already been investigated for years. >> they know everything there is to know about the gun

possession. he had a gun for 11 days, never loaded. it was never used. there has never been a stand alone gun charge like this brought by this office ever. so then what changed? not the facts or the law, we have seen over the last six weeks the politics have certainly influenced the outcome. >> the legal team and government prosecutors argued about blame. they accused david weiss of breaking the terms of the gun deal known as a diversion agreement. matt whitaker says he thinks the hunter biden legal team would agree to the same deal again to avoid jail time. >> no one that we prosecuted in my district ever got this kind of a sweetheart deal. we'll see. allegedly special counsel weiss complained about not being able to take his cases where they should have been prosecuted. >> the white house and biden campaign would like to put hunter biden's legal woes behind

them. the house oversight committee is asking national archives for past communications between vice president biden's office and hunter biden's overseas business associates. >> bill: a member of the oversight committee. mike turner, republican from ohio. nice to see you. just heard the end of the report there. what do you look for now? >> the concern has been prosecutorial misconduct by political influence. some of the charges that had been levied against hunter biden not paying taxes, tax fraud, years of taxes that were not even recognized of income. the concerns of allegations of money laundering where it appears funds are coming from romania, ukraine, perhaps russia and china. unexplained sources. that all of these issues were not being dealt with by the attorney general's office, not by the department of justice because of political influence and what the i.r.s. whistleblowers said. they said these are not being handled the way they should be. ament matly we saw the plea deal

marched into court and the court said we have not seen anything like this. could even be unconstitutional. that deal falling apart. now we're back to looking to now special counsel weiss and see what actions he will take to restore some faith in the department of justice's ability to handle the criminal allegations of hunter biden's activity. >> bill: how much credibility does he have now? he went before the judge. immunity. would it apply to the court document? garland makes him special counsel? >> highly unusual. they can't get their stories straight. at first weiss had all the power he needed and that he could prosecute in any jurisdiction in any claim and he was not and then garland appoints him as special counsel saying he didn't have the authority he needed. we'll increase his ability to investigate this crime. allegations. i think clearly these guys are making up their story after the

fact. >> dana: james comer the chairman of the oversight committee. >> we know that hunter biden was communicating with the white house. we believe there are more that the archarchives. the hunter biden legal team and shady characters who were paying him were communicating through him to his father back and forth. there was no wall between joe biden and his son, hunter biden in these shady business dealings. >> dana: ian sams said this. if it's a day that ends in y james comer is lying about president biden all part of his month's long effort to waste time and taxpayer resources on an evidence-free wild goose chase that does absolutely to help improve the lives of america and what congress should be focused on. should congress focus on other issues? >> we are. this is one we have to focus on

because these are allegations of criminal conduct with hunter biden and perhaps involving the president himself that are not being investigated by the department of justice. comer is doing a great job on this. what he is doing along the way making certain the documentation he finds as to the manner in which these monies have been handled, how they've ended up in hunter biden's pocket. the allegations of criminal activity, that those documentations are forward so that everybody can review them. not just james comer, chairman of the committee coming out in accusations. he is coming out with documentation. >> bill: how surprised were you when the indictment was revived out of nowhere? >> we need to see whether or not it's an action they're taking to prosecute this charge. it very well could be they try to march into court again with another plea deal. we'll have to monitor this and see what is happening. at this point i don't think they have credibility. >> dana: want to ask you about ukraine and funding.

yesterday secretary blinken was in ukraine, who knows what messages were being delivered. biden administration says support will continue adding more money. now a fight in congress over that. where do you stand? >> this money is essential. ukraine is the front line of democracy right now. we saw president xi of chain camera meeting with putin we are seeing change that hasn't happened in 100 years, world war i and ii. they talk about this recompetition between authoritarian and democracies. overwhelmingly there is support for funding. 300 members voted to continue to support. this is important. we cannot let russia win. >> bill: war should have never happened if you look back in hindsight. mike turner from ohio. thank you. >> this issue will destroy new

york city. destroy new york city. we're getting 10,000 migrants a month. every community in this city is going to be impacted. the city we knew we're about to lose. >> dana: who was that message directed to? a dire warning from eric adams as the migrant crisis rages across new york. frustration from lack of support from the white house reaching a boiling point. adams says the city is housing nearly 60,000 migrants and he warns they won't be able to keep up with the thousands more arriving every week. and on the first day of school here in new york city, this is the cover of the "new york post." kick in the ed. >> bill: chicago is facing a mounting migrant crisis. it's brand-new democratic mayor saying thousands of asylum seekers are packed into police stations and airports across the city. garrett tenney has more from the streets of chicago today.

hello. >> nearly 14,000 migrants have arrived in chicago over the last year. despite all of that time and all of those bodies, the city still has no clear long-term plan for how to handle the migrant crisis. that's leading to a lot of frustration from both residents and members of the city council who are now finding out about plans to open shelters in their neighborhoods with almost no notice. that's what's happening here in greek town as many as 196 single adult migrants will be moving into a hostile next week and at a community meeting last night folks who live here had a lot of questions for city leaders. >> the number of people who want to come here is infinite. how do you manage this influx? what happens when we start seeing them fill up the streets and all the businesses on that neighborhood are suffering? >> the other big concerns are safety and security especially given that these aren't families who will be moving here. given that earlier this week

several migrants living at a police station had to be arrested for assaulting officers. >> so i just want to make sure that the individuals that are being hosted have some kind of background checks to make sure they aren't certain kinds of offenders. this is a child friendly area. >> i can't guarantee that anybody coming into the shelters has had a background check we can look at reliably. >> a growing number of democrats locally and state level are criticizing the biden administration for not doing more to support the cities and states taking the brunt of this migrant crisis. >> bill: garrett tenney, thank you in chicago today. >> dana: at the southern border, border patrol agents found homemade explosives. backpacks containing ammo and makeshift bomb were safely detonated after they found it.

the agency says it's tactics use against their agents. >> it is around mcallen, texas. he mentioned everybody in his -- he talked about the ecuadorians, venezuelans, west africans, russian speaking, he mentioned donald trump. the only finger he did not point was the president of the united states who made all the decisions on the border. he has omitted him from every time he has been at the microphone. why is that? the governor has done the same thing. likewise for the mayor in chicago. are these people afraid? they will not call out the leader of their party. >> dana: with biden and they have to be aware this is happening and a problem that you ignore will always get worse and will always get harder to solve. these mayors are in for it. the citizens are, too, but they've got the power to go to

the white house. >> bill: for all these cities and states the situation will get worse. no one is saying give me a meeting in the oval office. >> dana: probably wouldn't get one. >> bill: maybe not. >> dana: those are our thoughts. we want to inmyself the opportunity to obtain more. important to keep pressure on him as we continue to hunt. >> bill: this is quit the story. the killer is still at large . stunning new video. the moment he escaped and how he scaled that wall. we'll show it to you. plus this. >> do you think he should be the leader of your party right now? >> no. i voted against him in december. so i haven't thought. >> for health reasons? >> i don't know if health reasons add anything to my views. my views are well-known. >> dana: mitch mcconnell facing new concerns about his health. what he is saying about his

political future. >> parents in new jersey after a judge blocked them from knowing about their kids gender. one of the parents leading the charge against the state.

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>> dana: a traffic stop led police to the suspect wanted in the brutal assault of a

university of wisconsin students. 26 years brandon thompson was taken into custody after stopped for a registration violation. thompson matched the description of the person caught on surveillance video at the scene of that attack. he is now arrested. >> bill: that goes on. so does this. a manhunt for an escaped killer by the name of cavalcante now in its eighth day. this is new footage. watch this carefully. this is how he got out. he is five feet tall and he used his body to scale that wall, made his escape about 30 miles west of philly. seen scaling the wall, went to a fence and off he went. nate foye is about 30 miles west of philly now near a train tracks. what do you think you have in chadds ford, pennsylvania, nate? >> pennsylvania state police believe they have cavalcante surrounded and right now you can see the state police have blocked off these railroad

tracks. we're on the southern edge of the search area so if you look this way, bill, this is north, this is where the search is happening. we don't know how far down the railroad tracks. down that way we know troopers are looking through a train now to make sure that cavalcante is not on that train. troopers tell us they didn't have any sightings last night. tuesday night is the last known sighting that we know it has been communicated to the media. the video you played of cavalcante escaping from the prison an thursday. look at this. of note. the same way another prisoner escaped this same prison back in may except that prisoner was caught almost immediately. the warden explained a big reason why cavalcante got away. listen to this. >> the tower officer did not observe or report the escape. it was discovered as part of the inmates count occurs when they come in from the exercise room and we'll be taken appropriate

actions against personnel based on the results of that investigation. >> the tower officer is on administrative leave as the investigation plays out. cavalcante what be seen seven times since the escape. authorities believe he is headed south. they don't think he is receiving any help. he is collecting supplies and authorities are urging everyone to lock their doors for their safety and from gathering more supplies. foot feet tall. 120 pounds. set to serve life if prison for murdering his girlfriend and accused of another murder in brazil before coming to the united states illegally. another thing that authorities are watching right now as my photographer backs up is the brandywine creek. this creek runs north to south. if cavalcante were to evade authorities and get down this river, it would take him all the way to wilmington, delaware. something that authorities want to prevent from happening.

so throughout the day yesterday and again today they have authorities, troopers set up watching this river. meanwhile the reward for information leading to his arrest has been increased to $20,000 and we have an update from state police at 3:00 today. send it back to you. >> bill: we shall be waiting. nate foye in pennsylvania today. thanks. >> the teachers have to inform parents anything that goes on in school such as asking for medicine or certain snack or to watch tv. to have our teachers keep these secrets from us is disheartening. >> dana: students in new jersey are back in class but transgender policies are up in the air. parents are appealing a judge's ruling that temporarily banned schools from notifying parents if their child changes their gender identity. the board of education president for the middletown school district joins us now.

you are one of the ones who said it won't fly with us. where does it stand now? >> good morning. we officially appealed the case last night and it is just that's why we make court of appeals because things go awry and judges don't make the right decisions. this judge did not make the right decision here. he didn't base his decision on the merits of the policy. the merits of the policy, if they were read by attorney general and governor murphy would both realize what we're trying the accomplish is protect and make a safe place for the children to get them the help and services they need. their whole narrative is we're outing children. that's just not the case. what they want us to do is out children. >> bill: it appears that what the state is saying is that they don't trust the parents. >> that's correct. >> bill: because if they notify the parents they believe some of these young men and women will

be open to abuse at home. >> that's correct. >> bill: what do the state numbers tell you about that abuse potential? >> that's the whole problem. we don't have any factual information from them. only surveys they are giving out. these surveys aren't giving us the actual scope of what we're looking at and dealing with. these children cannot get the intervention and help that they need unless the parents are involved in the conversation. that's where the problem lies is that we're allowing secrets to be held from parents. we don't want them to intervene and what is happening once they are 18 years old and on their own, they are on their own. that's when things happen. they occur. we want to talk about five years ago, five years ago were we better or worse than we are today? we were much better five years ago than we are today. every year that goes on, every day, every minute that attorney general and governor murphy let us put this policy in place,

children are being affected mentally and possibly physically. >> dana: a mom spoke to "fox & friends", a mom of two in middletown. this is her here. >> parents need to be involved in their children's lives. if they are struggling with their transitioning or gender identity we are asking 7-year-olds, 9 and 13-year-old, they aren't 18 and they should not be allowed to go through this transition alone. i think parental involvement is paramount. >> dana: i wonder about the number of parents who never thought they would have to protest their school district, protest their state on something of such intimacy with your child they feel like the rights are being taken away from them. overall what's the big picture when you think about the parents in new jersey. are they just fed up? >> it has come down to politics unfortunately and what's driving the attorney general and governor are the politics. when we're trying to establish a

means and ways to help our children, all they keep doing is saying we're outing our children. the fact that -- when they turn 18 years old the parents are left in the dark. only leads to more problems and situations. so, you have know, what they are doing now is not correct. matt was on the radio last week stating that he believes everything should be on a case-by-case individual basis. that's exactly what our policy states. that's what we want. we want an intervention. what he is doing also is discrediting our educators that are in every building. our educators no best than anybody else. >> bill: his arguments the state will never seek a ban on parental notification. this would seem to defy that. if the school will keep the information to themselves, if something goes sideways with the kid, it's on them. >> that's correct. liability is on the district and it has been clearly stated by the state. we have liability here.

what is the answer to what we're trying to accomplish right now? we want to help the children. >> dana: interesting because you aren't the only school district dealing with it. other districts across the country. >> this is on a national level and it won't end. i appreciate. >> bill: we'll see what happens. >> dana: you will want to watch this. "fox news sunday" is hosting a state of education special and virginia governor glenn youngkin will be shannon's in-studio guest and hear more from her about that. so much to talk about as we get back to school. >> go back to the old policy. bring it to a vote and we'll vote on it. >> they don't want any accountability? >> they don't want any vote on this. there will be bad votes on the democrat side. >> bill: tommy tuberville firing back after democrats slam his hold on military appointees and he says they are the ones playing politics. football is back in america tonight. the nfl returns. look at that screen, dana.

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>> democrats going after the alabama senator tommy tuberville for putting a hold on military appointments. tuberville firing back saying democrats are unwilling to compromise on the issue of abortion. aishah hosni watching all that back and forth again today live on the hill. good morning. >> good morning to you, bill. the senate returns and all of a sudden there is a lot of action. we're seeing really the senate republicans ban together behind tommy tuberville trying to turn the tables back against the democrats saying -- asking what is the left doing to resolve

this situation? take a look at this. where we stand now. this is the 301 promotions and appointments on hold by senator tuberville who is not happy with the military's abortion policy. the democrats continue attacks. chuck schumer could use his powers to go around these and bring each and every individual nomination to the floor for a vote. tuberville and senate republicans say democrats haven't done that yet because they're playing politics. >> it will take three hours to do one nominee. >> they aren't doing it why? >> they don't want to put anybody in harm's way. >> i asked the number two democrat in the senate what's going on? >> why do you think leader schumer isn't trying harder to get around the military holds. >> he has tried everything. >> why didn't he keep you guys here longer? >> we didn't think it would change things.

tuberville is creating so much hardship for military families. what he is doing is shabby and low life effort to make political statement. >> no clearance. neither side willing to budge. now senator mitt romney is suggesting president biden step in and get involved and mediate until the military and senator tuberville. >> dana: the white house attempting to clean up president biden's abrupt exit from thursday's medal of honor ceremony. karine jean-pierre tossed it up to jill biden's covid diagnosis. >> he left as he was planned. he left when there was a pause in the program in order to minimize -- to minimize his close contact with attendees who were about to participate in a reception. >> dana: have we learned nothing? let's bring in jim garrity from national review. great to have you on the show,

jim. one of the things about this. she says he left during a pause. there was a pause. it was before the final prayer. >> yeah, look. i was surprised how many questions she got about this. the press picked up on it and the explanation doesn't make a heck of a lot of sense. it's the covid precaution. it is perfectly fine for him to be within two feet or so of an 81-year-old war veteran who was receiving the medal of honor there. look, i suppose that could be explanation. maybe we'll see biden wearing a mask at the g20 later this week. i think if it had a more mundane explanation that he needed to use the bathroom. no one would give him grief. he turns 81 later this year. this happens to guys at that age. not surprising. no one would be offended. a little unusual to skip the benediction and closing. the explanation. as far as we know the president is testing negative. jill biden tested positive monday. very little of this seems to

make sense and indicates probably something else is at work here. >> dana: i am not surprised the white house press corps asked about this. you know you won't get an answer on border or pretty much anything. so this was new and different and just one more point on this that the other day karine jean-pierre said that they can't at the white house they can't keep up with joe biden. the younger staff can't keep up with him. the thing is they're trying to convince you with words that what you are seeing with your own eyes isn't true and why the white house press corps keeps asking about it. >> if you are in your 40s as karine jean-pierre and you have a hard time keeping up with joe biden, age 80, please see a doctor. that's a terrible sign you have serious problems keeping up with him. we see him. >> dana: their point about age and wisdom was a better one. they should have led with that and will pivot to that. ask you about this. the left side would say if you are going to point out biden's age, are you going to point out

the senate minority leader mitch mcconnell who has had two freezing incidents lately? he was asked about his future and health yesterday. here is what he said. >> what do you say those calling on you to step down. do you have any plans to retire any time soon? >> i have no announcements to make on that subject. >> what do you say to those -- >> i will finish my term as leader and finish my senate term. >> dana: a powerful leader. a lot of people said he is fine, everything is good. what do you make of all that? >> it's good to see mcconnell looking and sounding better than he did the other day. my attitude towards this is quoting the wise philosopher ben carper. with great power comes great responsibility. if you want a high level position and getting up in years you need to disclose as much of your health as possible. there is more information from the u.s. capitol doctor there. i would prefer if there was available for questioning, more release of medical records.

the more information you put out about your health, the more people can feel like they get the whole story and you aren't hiding something serious. it is frightening to see somebody freeze up like that in front of cameras. maybe it was just dehydration as they are claiming. again, the more -- the less you disclose the more people fear there is some other part of the story you aren't telling them. >> dana: a last word on this. congress is about to enter a really difficult negotiation about funding the government, whether funding for ukraine should be included in that. the senate and the house republicans are already at odds and mitch mcconnell has led many of these efforts. he seems to get them done. that's another thing that is on people's minds. this is a fraught time for the congress. >> it is. i suspect people of ukraine really want mitch mcconnell in those negotiations and want him playing the key role in that because if god forbid something happened to him or he wasn't

able to participate, negotiations might go a different path. yesterday when he was talking about the importance of maintaining support for ukraine and there was a huge crowd of reporters i'm sure because everyone cared about ukraine and not they were watching closely to see if he would freeze up again. >> dana: everybody follow jim garthy, national review. thank you very much. >> bill: thank you, jim. dana, have you ever been in the magazine vogue? >> dana: of course not. >> bill: is that a no? >> dana: no. >> bill: press second karine jean-pierre has a new spread. in the september issue in your mailbox now the magazine touting her as making history in waves and her time as press secretary. details her personal life and time before the biden administration. there she is with the binder outside the west wing. >> dana: fabulous photo. i don't think you can find any former republican press secretary that ever was in vogue in a kind way.

>> bill: likely not. >> dana: that's okay. >> bill: good for her. >> dana: check this out then. i will take yours and raise you this. >> dana reads sports. >> dana: the nfl is back. defending super bowl champion kansas city chief host the detroit lions, a lot of eyes on patrick mahomes. joe burrow says he is ready to go after a calf injury in training camp. this to say on his future. >> this is where i want to be. this is where i want to be my whole career. working towards making that happen. you've seen what the front office has done and what zak has done in their time here. i'm a small part of that. >> dana: six games will air on fox this sunday including america's game of the week, the green bay packers versus the chicago bears at soldier field.

>> bill: whenever football season kicks off i ask myself what was i doing the last three months of my life? so much action. nfl is back tonight and a big weekend coming up here. >> dana: good luck, everyone. >> bill: lions and chiefs will be a better game than people think. >> we've got now 2 1/2 years of a relentless war waged by the biden administration on oil and gas production in the united states. >> bill: haven't heard the president canceled a trump era drilling lease in alaska. oil prices soar to their lieest level this year. harvard is ranked first in a category that you do not want, dana. ignominious, we would say. we'll explain next.

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>> bill: new data showing the trade war against china is taking a toll on beijing. u.s. imports out of china hit a 17-year low accounting for about 15% of imports over the past year. that surprises me. that's down from a peak of 22% in 2018. larry kudlow host of kudlow on fox business 4:00 eastern every day. good morning to you.

larry the legend we call him. want to get to oil prices in a moment. what do you make of the changing business relationship between the u.s. and beijing? >> well, look, china is still guilty of unfair trading practices. china is still guilty of intellectual property theft. they are still guilty of forced technology transfers. so they don't play by the rules. the u.s., you know, the trump tariffs punished them for this. a deal was reached but i don't think china has lived up to that deal. they are not buying the commodities. they haven't done nearly enough on -- so we've given china the cold shoulder. china has also not recovered from their crazy covid

lockdowns. they haven't recovered from that. the economy is in very bad shape. they are falling behind and i would like the bidens to be tougher on china. the bidens have basically followed trump's lead as best i can tell. at least on trade. not necessarily other things. so the trade is shifting, right? it's gone to vietnam. it's going to thailand. it is going to india, it is going to mexico. i love the usmca deal that trump struck in 2019, 2020, it's working. it's working because it's a fair trade deal. it has good domestic content and it has good intellectual property theft laws. so mexico is now surging some of these asia countries, thailand, vietnam, maybe india are surging, too.

china is being -- you've got thailand, you've got malaysia, very interesting. but i do think in general we must observe the trade principles of reciprocity, okay? we have to raise tariffs and lower tariffs based on what our competitors are doing. that's a different subject in a different segment. i think that's part of the deal. >> bill: let's talk about oil. you know opec is cutting, saudis leading the way on that until the end of this year, i believe. putin has a vote in all this because of the ukraine war. yesterday president biden is trying to block off 10 million acres of northern alaskan slope away from production. that's the proposal. i think the state might have a say in this in the end. you were part of the trump leases and apparently they won't happen, at least if this administration gets its wish. what's the effect of that on

people filling up their car? >> this is sheer insanity. sheer, complete insanity, okay? you are back now on the world markets, bill. oil prices are moving back towards $1 hundred, saudi arabia and russia are cutting production. not a whimper of protest from the bidens and instead they go out and take out all of the trump leases in anwar and have now put 40% of that whole landmass, which is one of the largest oil and gas reservoirs in the world, off bounds. you can't use that. so sure, so now we are instead of energy dominant we rely on the saudis, on our dear friends in russia, an our dear friends in venezuela and iran.

you tell me, gasoline prices nationwide are moving back towards $4. out in the west they are well over $5. in the northeast they are close to $5. this stuff was $2, 2 and a half years ago. it's done because of something called climate change and the green new deal. you've got 1600 scientists, including two nobel prize winners, who say there is no existential risk emergency on climate and they disagree with these policies. in fact, they've said, several have said the emergency idea is a hoax. biden is playing into the -- he is playing into the hands of some of the worst actors in the world. i've never -- and damaging,

obviously, consumers and businesses here at home. this is insanity. sheer insanity. >> bill: larry, thanks for coming on. see you later on fox business. larry the legend. >> dana: welcome kids back school today including migrants of children going to class. how the big apple is struggling to meet the demand. v treatment you can get every other month. it's two injections from a healthcare provider. now when i have people over, hiv pills aren't on my mind. don't receive cabenuva if you're allergic to its ingredients, or if you're taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions, post-injection reactions, liver problems, and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding,

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>> dana: speaking of covid. in florida now the florida surgeon general joining governor ron desantis for a press conference talking about their plans as the covid virus continues to spread and mutate. no plans for lockdowns, shutdowns or masks in florida. we'll monitor that. >> bill: big campaign issue for him, too. major developments on the legal

front for former president trump. a georgia judge ruled two of his co-defendants in that racketeering case will stand trial together. this as a witness in the mar-a-lago case appears to be flipping. good morning, jonathon seary. >> prosecutors predict the georgia trial will last four months and 150 witnesses. the first tell vialsed hearing in georgia eva's election interfere answer case prosecutors want to try former president trump and 18 co-defendants at the same time. proposed a start date of october 23rd. the judge approved that date for two co-defendants, former trump attorneys powell and one other. he denied their request to be tried separately. >> judge mcafee's ruling, although technically a loss for these two defendants, it was really a loss for the prosecutor. she only wanted to try this case

one time but now she is going to have to try it at least twice. >> the judge held off on setting a date for the other 17 co-defendants. six of them have asked to be tried separately and it could take months to resolve requests by former white house chief of staff mark meadows and others to move their cases to federal court and bill, the judge raised the question what happens if the georgia trial gets underway, testimony begins against some of these co-defendants, and then midway through some of the co-defendants are granted a federal trial? back to you. >> bill: got it. thank you, jonathan live in atlanta. good to see you. >> you, too. >> dana: a stark warning that president biden's border policies are causing harm to america's largest city. more than 100,000 migrants have arrived and sleeping on sidewalks as the mayor blasts the white house for ignoring his calls for help. welcome to a new hour of "america's newsroom," i'm dana perino.