will make people behave. i'm counting on that. thank you. >> bill: thank you, madison. before we go, shannon, even the nba stars are feeling the burn of rising gas prices. did you see this? roll it. >> it's highway robbery. man, i'm trying to get some of this gas back. you think by going there and telling i put the wrong gas in here they would get me a refund? >> jimmie butler from the miami heat. he makes a ton of money. he has a big car, shannon. that car is thirsty. it cost him $150 to fill up. so just want to share that before we go here today. >> shannon: it's a real life reminder for folks how the economy is doing. >> bill: great to have you, shannon. thank you, welcome back from your vacation. see you in new york this week.

thanks for being here. here is harris now, bye-bye. >> harris: a fox news alert. powerful democrat brought up on federal charges again. new jersey senior senator bob menendez and his wife arraigned in a new york city courtroom on charges of bribery and conspiracy. menendez has faced corruption charges before, as i mentioned. so we know how some of this will go. will it take him down this time is the question. i'm harris faulkner and you are in "the faulkner focus." federal prosecutor say a bribery scheme lasted for years and involved payments in gold bars and hundreds of thousands of dollars in cash and more. the indictment alleges bob menendez was awarded all of that in exchange for his political favors using his clout in the senate. now a growing list of democrats in congress want him to step aside, including the majority of his senate colleagues on the left. we'll bring you any new

developments as they happen. debate night in america, round two just hours away. seven republican candidates on the stage at the ron reagan presidential library in simi valley, california vying to convince voters to make them the gop nominee. where you stand always matters on that big stage. the candidates polling highest behind donald trump, who has the highest numbers, as you know, will not be present tonight. those people who poll closest to him are closest to the middle. florida governor ron desantis is in the center. then the first debate's top performers, vivek ramaswamy and ambassador nikki haley. making the cut this round south carolina senator tim scott, former vice president mike pence. former new jersey governor chris christie and north dakota governor dougburg um. the top issue tonight is the economy. it always is. we are facing a mountain of challenges there.

also on the agenda our broken border and parents' rights. voters weighing in on the stakes for candidates such as ramaswamy, desantis and haley. >> i think she is going to have a target on her back and excited to see her show how she handles herself under that pressure. >> since vivek soared in popularity he needs to continue on the trend he started. >> ron desantis has the most pressure knowing donald trump is up in the polls. i think he needs to set himself apart. >> harris: bill melugin is at the reagan library in simi valley. bill. >> good morning to you. the bottom line here is if any of these candidates want a chance at being the gop nominee they have to start chipping into the huge lead that donald trump has. some of them are starting to go on the attack against him now including florida governor ron desantis calling out trump saying he did not live up to

some promises he made in 2016. take a listen. >> he said he was going to drain the swamp. they didn't drain the swamp at all. he still defends hiring christopher wray. he didn't wray or fauci. he said mexico would fay important the border wall. it didn't happen. eliminate the national debt. they added $8 trillion to the debt in four years. >> former new jersey governor chris christie a trump critic also going on the attack. saying if he is elected he is sending the national guard to the southern border. he tweeted last night trump told everyone he would build us a big, beautiful wall. that mexico was going the pay for it. we got 52 miles of new wall and haven't received a single peso from mexico. this disaster at the border is just as much his fault as it is joe biden. the debate stage and positions

are set. governor ron desantis taking center stage. he will be flank evied by nikki haley and vivek ramaswamy. the rnc chair says you can expect the economy to be the biggest topic of tonight's debate. listen. >> people are living paycheck to paycheck. cost of living is up. gas prices are up. today gas is over $5 here in california. i think the american people especially with it being a fox business debate want to talk about the economy. >> i think you will find this interesting. california's blue liberal governor, gavin newsom, will be here at the debate tonight. that's because the biden re-election team is sending him here to essentially do counter programming and pushback against gop talking points and also highlight anything they feel is extreme rhetoric coming out of the debate. send it back to you. >> harris: thank you very much. that will be interesting that

they chose him to be the surrogate with the campaign tonight. there is all the whispering going on if it's not biden it could be newsom on the ticket. we'll cover the news as it happens. coming up later this hour polling expert lee carter, you know her from voters voices. can't wait to see what she has in store this hour. >> i see all my men and women doing this impossible job and i'm overwhelmingly proud of them for what they are stepping up and doing. we need this flow to stop. we need folks that want to immigrate to this country to use lawful pathways. it is dangerous for them and us. >> harris: the u.s. border patrol chief talking about the dangerous situation at the southern border. he is not the only one today who is speaking up and loudly. republican senator roger marshall introduced a resolution to designate the flood of

illegal crossings as an invasion. that label would actually give individual states the right to protect themselves and take action on their own. texas governor greg abbott just today tore into what he is calling president biden's choreographed crisis. >> everybody coming across the border pay money to the cartels to get across the border. if you're on the terrorist watch list you pay more money so that you will not be apprehended. the president of the united states has one primary authority in my opinion. that is national security. he is endangering the united states every single day by having a porous border that is allowing people on the terrorist watch list to cross that border. >> harris: what the governor is saying what i've been saying for a while. the cartels are on international mob operating in our backyard.

the president headed to arizona this week for a fundraiser. the big question is will he go to the border? lawmakers there are demanding he see the crisis firsthand. independent senator used to be democrat kyrsten sinema say i am calling on him to look at the border to see how communities shoulder the burden on his administration's failure to control this crisis. texas republican ted cruz, he also sits on judiciary and foreign relations and this touches almost all of that now. as i call them, they are an international mob, senator. >> well, harris, great to be with you. thank you for having me. what is happening on our southern border is an unmitigated disaster. it is an invasion. we've seen now more than 7.6 million illegal immigrants come across this border since joe biden became president. the worst illegal immigration in

our nation's history. and it is reaching crisis proportions everywhere but especially texas. texas is bearing the brunt. we see democrat mayors and governors all over the country declaring emergencies. we see people like new york governor eric adams saying it is an emergency, saying illegal immigration is destroying new york city. now, that was with 110,000 illegal immigrants in new york city, a city of 9 million people. if 110,000 is destroying new york city and is a crisis, what the heck does he think 7.6 million is doing to texas and the other southern border states? >> harris: exactly. senator, as you are speaking, i want to talk about what's happening live on the left side of everybody's screen in eagle pass, texas. they have had to do it over and over again because biden administration wants them to take down the razor wire that's working. at one point, senator, there

were putting kids through that, forcing our border agents. they have hearts. they will cut that to let the babies come through. now you see mostly grown men at the bottom of the screen. we've taken it full screen trying to come through the razor wire. look, if we had a mob operating inside one of our states. we see how we handle that. what can we and must we do to go after the drug cartels that are a syndicate basically on our side of the border. >> the single best thing that ever happened to the mexican drug cartels is joe biden becoming president. an amazing statistic. in 2018 the mexican cartels made from human trafficking $5 hundred million. that's a lot of money and these are numbers from "the new york times," by the way. $5 hundred million. you know what they made last year? $$13 billion. a 2,600% increase that is all because of joe biden. joe biden came in and declared

we have open borders. he instructed the border patrol agents. they do catch and release. when they apprehend someone they release them. you have eagle pass on the screen. that's a wonderful community, a community of 28,000 people live in eagle pass. one day last week they had in a single day 4,000 people cross illegally into eagle pass. 4,000 people in a town of 28,000 people. that's about 14% of the city's population. to put that in context, if you had 14% of new york city's population come illegally into new york, it would be 1,260,000 people in a single day. joe biden and every congressional democrat is responsible for this crisis and even worse, they want it to happen they want it to get worse. the policies they are putting in place are designed to make this crisis even worse. >> harris: before i let you go, the term invasion has been

popped into the conversation before but now you want it for legal reasons. immediately what could you do? >> it is absolutely an invasion. an invasion allows you to defend yourself. i will tell you something striking. you played a minute ago an interview with the border patrol chief whom i know well and you've also many times interviewed brandon judd, the head of the national border patrol union, a good friend of mine. when you talk to jason and talk to brandon, what they will tell you is the biggest thing that we need is a change in policy because of this christ creels is. he -- he inheristed an incredible success and he decreed we're not going to deport people anymore when we catch them. we'll give them a court date sometime years in the future and let them go. that's what causes this crisis. it doesn't take anything magic.

biden could solve this problem tomorrow if he simply followed the law. but joe biden and the other congressional democrats don't want to solve the problem. >> harris: if you have to declare an invasion to get the president of the united states just to follow the law, that is tough going. he has to do it. senator, thank you for being in "focus." the whole time you've been talking people are throwing things to each other so they can try to permeate and cut through the razor wire. >> horrific. >> harris: thank you. appreciate it. the first biden impeachment inquiry hearing begins less than 24 hours from now. a busy week. republicans will follow the money and the evidence. they claim it will prove that then vice president joe biden used his influence to profit from hunter biden's foreign business deals. plus senator bob menendez in federal court. senior senator of new jersey under the law again he is being looked at facing an arraignment in a bribery and corruption case today and faces more calls to

quit. >> these serious an illegal allegations in the indictment against senator menendez are deeply troubling indeed antithetical to a position of public trust. i think he should resign. >> harris: senator richard blumenthal joining a stampede of other democrats who say it is time for bob menendez to go. the new jersey senator says he is innocent and he is not going anywhere. veteran homeowners, need to save money every month? call newday. pay off your high rate credit cards and car loan with an affordable va home loan from newday. you can save $500 every month. rates on credit cards have gone up to 22%. for late payments, as much as 30%, more than three times higher than a newday va loan. pay off your credit cards and car with a newday100 va loan and save.

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>> harris: the breaking news we're covering this hour involves new jersey senator bob menendez and his wife, nadine, in federal court. that was them just a short time ago earlier this morning entering court for arraignment on bribery and conspiracy

charges. he has been defiant until now. maintaining his innocence and refusing to step down. but just today a building wall politically against him. more than half of his colleagues on the left want menendez to vacate his seat. "the new york times" calling it a stampede at this point. bryan llenas is live outside the federal courthouse in manhattan. >> good morning. the arraignment for senator bob menendez and his wife, nadine, start evidence at 11:00 a.m. this morning. they face up to 45 years in prison if found guilty, convicted of the three federal charges they face. those charges include conspiracy to commit bribery. conspiracy to commit honest services fraud as well as extortion. the menendez arrived in court in a good mood. they were in good spirits smiling and laughing. the couple will be arraigned today alongside two other

co-conspirators, new jersey businessman uribe and daibes. the senator and his wife are accused of accepting bribes of half a million dollars in cash, gold bars and mercedes benz if exchange for benefits to the egyptian government. the f.b.i. is investigating if officials tried to gain access to menendez through his wife. he continues to say he won't resign and will be exonerated. >> why won't you resign, sir? >> because i'm innocent. what's wrong with you guys? >> more than half of menendez's democratic colleagues, 30 senators, are calling for his resignation. even in the last few minutes. yesterday three senators. the list includes majority senate whip dick durbin who initially said menendez was innocent until proven guilty. durbin tweeting this morning

leaders in new jersey, including the governor and my senate colleague cory booker have made it clear that senator menendez can no longer serve. he should step down. durbin said new jersey's leaders and cory booker's decision swayed him in this decision. now all eyes are on senate majority leader chuck schumer. he will have his weekly press conference today and hasn't yet called on the senator to resign. by the way, senate democrats are having a closed-door lunch for the first time meeting since menendez was indicted. >> harris: perhaps they will be snacking on what they'll do with him. good to see you, bryan. thank you, matt whitaker, former acting attorney general under president trump. i want to start and touch on the case going on with bob menendez. he faced charges before, a hung jury and all of that. what really stands out as something that they could get him on this time if he is guilty? >> well, it's good to be with

you, harris. the most important piece of this case is obviously you need both the quid and the kuo in a quid pro quo. they have to demonstrate not only did he receive the gold bars and cash with this egyptian national's fingerprint's on it but prove that he actually did something to advance that relationship. that will be the hardest thing. as i read this indictment. he is the chair of the senate foreign relations committee, very powerful person and helped set u.s. foreign policy. that will be the key is to prove that he took official action in return for those gifts. >> harris: what kind of relationship would he need with egyptian officials for their help or would that even play a role with this man's fingerprints on the gold bars or the cash or whatever it was, the egyptian official? >> obviously that adds to the heightened national security risk that this case would pose and would add some sizzle to the case.

but ultimately it just needs to be the bribe in advancing the official action. he beat the last case with a hung jury trying to demonstrate that he received money from a friend and as part of that relationship. at least one juror believed that and the department of justice decided not to refile that case. so i have a feeling, based on his recent press conference and his posture in this case he will try that same strategy. >> harris: we took it live during this hour. it was unfolding then and he said it was part of his personal banking savings that he kept in his house. i don't know how many people keep gold bars. he will have to explain that. when it happens, his exit from the courthouse, we'll bring it live to you here on "the faulkner focus." meanwhile tomorrow morning house republicans hold the first biden impeachment inquiry hearing looking into the president's ties to his son's foreign business dealings. more information about those deals has surfaced less than a week before hunter appears in federal court on the gun

charges. he has several cases at this point. house oversight chairman james comer says he hopes to accomplish a lot tomorrow. >> first of all, we want to explain exactly what an impeachment inquiry is. and secondly, we want to go over all the evidence that we have accumulated thus far. our friends in the mainstream media are trying to create a false narrative there is no evidence of wrongdoing by joe biden. that is simply not the case. this investigation isn't about the president's son but about joe biden and that's what we hope to get across to the american people. >> harris: chairman comer has revealed beijing bank wires to hunter biden's totaling a quarter million dollars back in 2019. the beneficiary address for all of that cash, his dad's personal house. plus emails from hunter's laptop suggesting that vice president joe biden back then may have used his influence to help his son expand his business interests into mexico by meeting

with key figures including carlos, on the left in that photo. you see him there. he was once the world's richest man. more and more coming out because they are following the money, matt. >> yeah. this is, i think, critical to where this case is going to go. the magic number in an impeachment is 218. they will have to convince 218 house members to vote for an impeachment ultimately. they are trying to not only convince the american people of what the case is but also trying to convince their fellow colleagues who may be skeptical and think it is not going to help the republicans politically. that being said, laying out all of the evidence that has been acquired, the transfers, llcs, the fact that hunter biden said he was giving half of his money to his dad, joe biden, i have think all of those pieces have

never been laid on the table all at once. that's the most important thing tomorrow in this hearing. >> harris: all right. matt whitaker, thank you so much for being in "focus." good forsee you. >> thank you. >> harris: we're getting more shocking video from a night of looting in philadelphia. it is happening more and more pointing to a culture of lawlessness in some of our biggest cities in america. the crime wave that continues. and more video next.

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>> harris: this is what they do. the little ones are in the front of that line. you will see children pushed through there. i told you earlier when senator ted cruz of texas and i were on they were passing some things that looked like may be cutters or something and cut through the wire and got border help, too, maybe, because the little boy who went first you see another child there, you saw a woman go.

our border agents will pull those people in. that's the cartels know this. they know this. they are working us. you want people to get all that they can and you want to help as many as you can but we're being worked at the border by the cartels right now. this will be a topic tonight. we're hours away from the second republican primary debate. seven candidates. reagan presidential library. absent once again former president trump. he leads in the polls by-up wards of 40% against republican rivals. the real clear politics average of polling, 57% have trump as their choice now. but with plenty of road ahead of them. "the washington examiner" with the headline the gop field gets a second chance to escape trump's shadow. without his presence tonight. kellyanne conway discussing what she expects from the seven on

stage. >> i'm watching for the break-out moments. i don't think that means you are grabbing a headline or doing some memorable turn of phrase but you are the candidate that you are ready to be commander-in-chief on day one. specific policy prescriptions and give us a 3 or 4 point plan we can understand that's accessible and credible and logical for each of these issues. >> harris: joining me now is lee carter polling expert. i wonder with regard to trump's numbers jumping and the real clear number 57% if some of that isn't brought on by the border. >> there are a few things going on. number one immigration that favors trump and so is the economy. when you look at polling not just overall favorability toward donald trump in the election you look at favorability rating as president. when he left office he was 38,

39. his approval rating has gone up between 12 and 13 points in hindsight. people look back and say things were a lot better four years ago than today. doesn't look so bad in the rearview mirror. >> harris: let's talk about where they are on stage. can we pop that up for a second, please? ask my team to put that back up. i pointed out and i'm sure the audience knows this. where you stand matters, ron desantis is the closest to trump smack in the middle. a 40-plus point difference from what you said. you have vivek ramaswamy and nikki haley franking desantis. >> it matters quite a bit. the thing that matters for ron desantis is momentum is against him. he has dropped significantly in polls over 20 points. i think he hasn't managed to get a message to get anybody to understand what he is about. protecting your children and clearly important. >> harris: as of late he hasn't

been. >> he hasn't been able to capture our hearts and minds. has done amazing things in keeping florida open, for the economy, keeping people's freedoms. all of those are great messages but he hasn't been establishing himself in that way. i think it has been unfortunate for him. tonight has to be a break-out moment. he has to shift the momentum. haley and vivek have gotten momentum. they are starting to take some of desantis momentum away from him. we'll look at the center of the stage tonight. >> harris: you cover more than just the polling. i call you an expert in that but some of what feeds that is what they are like on big nights like tonight. desantis in the first debate was very buttoned up and was riding the train of presidential acceptability, that sort of thing. vivek and haley went after each other. especially ambassador haley going off ramaswamy. did that make a difference ant

do you want to see more or less from whom in terms of what voter told you? >> i don't think anybody had huge expectations for nikki haley and we remember her. certain moments that stick with us. it's what you remember two weeks later. i think we remember that performance that night. she has a lot to live up to tonight. vivek is being loud. very much of a gong show. the number one message i got back from voters he seems is an interesting trump alternative meaning that people consider him if something were to happen to trump not necessarily he stands on his own two feet. that's a problem for him. >> harris: why? >> because he has to have something that makes you want him because of him not because he is going to be like a trump-like figure. >> harris: i thought it was interesting. this team says it's a reintroduction of him. if you were already going in one direction with polling and going up from there, that can either hurt you or help you because either they loved what they saw and now you will be different or they didn't see enough and you'll show them more.

>> he doesn't need to be different but needs to get his own lane that's not i'm an outsider, i'm a businessman and shake things up. that's donald trump. >> harris: let's talk about the happy warrior, tim scott. the more positive message that months ago people said they wanted. >> absolutely. people love that message. the problem with his debate performance was he didn't have a new message. he took the same campaign speech we watched together when he announced and ripped it up and gave it in drips and drabs. you don't remember anything new. he is talking about his mother, still talking about the same stories. he hasn't given us anything new to hold onto. what is the presidency going to be like if tim scott is in it? i can't answer that question any more today than he announced. >> harris: i understand why he talks about his mom. she is special. you have to fold it into policy. you have a former vice president on the stage. why do you think his numbers have hovered between 2 to 4% for

so long? he is about 4% now getting on the stage tonight. >> he is trying to establish himself as what is a true conservative. steady hand, the constitutionalist. i just don't think he will be able to surpass a certain threshold. one of the things we heard from voters the night he had more air time than anybody else but had the least impact. in many ways he turned people off, not on. he didn't use the air time to his advantage in the way he could have. >> harris: let's talk about what a true conservative is. is that establishment or what is it? let's get together soon. retail giant target is closing stores over retail theft. the move is to keep employees and customers safe inside their stores. the "new york post" cover putting the blame squarely on liberal politicians who allow crime to run rampant. also in philadelphia last night

chaos as large crowds of looters were really running wild through the streets. >> oh my god. [laughter] >> harris: were there drugs involved? who cackles that like? that is jarring. laughter during the time that suspects were stuffing items into large bags and making the rounds. multiple people were arrested. a local report says a security guard was assaulted during all of that. >> what we had tonight was a bunch of criminal opportunists take advantage of a situation and make an attempt to destroy our city. and again it's not going to be tolerated. we made arrests and we will continue to make arrests until we have all of the individuals or a number of the individuals that are responsible for what we've seen tonight in custody.

>> harris: i feel for those police officers. i hope they don't meet the revolving door and soft on crime d.a.'s offices. eric shawn with more of the crime unfolding there. >> teenagers last night went wild as you can see in philadelphia. police say it was an organized mass attack fueled by social media. a mob of hooters some in masks and hoodies ransacked businesses. they broke into the apple store, lululemon and liquor stores and other businesses. looters carried plastic bags stuffed with clothes, sneakers, lick ores, iphones and ipads. everyone here on the videos took part in the looting. there was a peaceful protest near city hall after a judge dismissed charges against a police officer. they say the police officer

fired in self-defense. there was looting in other parts of the city last night and a caravan may have been driving looters to different locations. officials insist their rampage was not connected to the peaceful protest but the teens saw an opportunity to steal. >> somewhere around 8:00 we started to get multiple calls of certain businesses starting to essentially have their stores broken into or stores ransacked. >> philadelphia's progressive district attorney larry krasner says it disagrees with the dismissal of the charges against the police officer and filed a motion to reinstate the murder charges. now after last night, his office has a slew of new charges to bring against the teenage mob. mass shoplifting is the latest example of mobs clearing out merchandise inside stores. despite the large crowd

estimated about 100 people, harris, as of right now about 80 of those teens remain at large and haven't been caught. >> harris: that's why they group like that. it makes it hard to catch anybody and you have to make out all the faces. technology struggling to keep up as well. they are good at it. let's break that. all right. good to see you. more and more democrats essentially are freaking out over 2024. one top democrat told his party to we have to bleep these people a lot. bleeping wake-up before it's too late this person said. new reaction to the president going where no sitting president has gone before, a uaw picket line. >> everything from the president coming out from everyone coming out to support, it's all invoked that we can see some kind of change. >> it is all about trying to get votes. >> this is a shell to me. >> harris: all right. we do have breaking news right

now. that is the manhattan federal courthouse. bryan llenas is there. associated press is reporting right now that the senior senator from new jersey facing those conspiracy and bribery charges, along with his wife, bob menendez and nadine menendez, have pleaded not guilty to those charges. fox confirming as well now our bryan llenas is there and we were waiting and going to pause for a moment. we're accepting when they exit you see that bank of microphones to the right of your screen. sometimes you will hear from the attorney, sometimes you will hear from the accused with senator menendez we're likely to hear from him. he gave a news conference that we took live this week saying that he was going to announce his re-election plans. after the indictment had been announced on friday against him. on monday he said i will run for re-election in 2024. he did not end up doing that. he ended up in some way

testifying for himself trying to explain away the gold bars, the clothes in his closet and strewn throughout the house dollar bills, hundreds of thousands, a half million dollars. one report had it from the indictment that money had been stuffed inside a jacket with his name on it and so on and so forth and trying to explain that it's my personal savings when my parents fled cuba and he had all these stories. bryan llenas is outside the courthouse now. we're waiting to hear from senator menendez potentially. >> yeah, potentially. he didn't have much to say going in and yesterday he said again that he is innocent and he told the reporters what's wrong with you guys for questioning it. what we now know, what we learned from inside the court. he is out on $1 hundred thousand bond for senator bob menendez. he pleaded not guilty. his wife, nadine, pleaded not

guilty. interestingly, her bond was set higher at $250,000. now, both of them will be released on their own recognizance. they have to turn in their personal passports but not the senator's official passport, which means he can still travel officially on foreign trips with his official foreign passport through the senate. that's an interesting detail here from court, harris. not much yet in terms of how he was inside of court in terms of hives demeanor. we know going in he was smiling and laughing and seemed to be happy going in with his wife, nadine, heading to court. we'll see if he decides to speak to the press out here. there is many from the press out here waiting to see if he has anything to say. >> harris: quickly, there had been reports that daibes, a well-known builder and

businessman in edgewater, new jersey, full disclosure that's my county, i know of his work. he is part of this. he was also indicted. he was one of the four people indicted. you mentioned senator menendez and his wife, nadine, but mr. can daibes. i wonder he was due in court, too. did you see him or hear anything about that? >> yeah. the latest that i have right now is that just on menendez and his wife. i have not had anything here on daibes or uribe, who the two co-conspirators as you mentioned. our producer came out and gave me the information. as of now, i am getting this information. it was -- okay, yeah, we have uribe and daibes pleaded not guilty in court today as well as bob menendez and his wife. >> harris: in the indictment you could read some of that. there were some connection

points that prosecutors were making between or among all four of these people. i wanted to know what had happened. at some point they would have been in court together according to when they arrived. looking at the a.p. video of that arrival. they would have arrived moments after the menendez couple. bryan llenas, thank you. we'll come back to you as news warrants. so far senator menendez, his wife and two other people indicted daibes and uribe, those two individuals pleading not guilty. corruption charges against bob menendez not new. the first round in the last eight years, the first round was -- fell away on a hung jury. this is not new for him having to fight this way. he says he is not going away. phil holloway is joining me by phone. is this what you anticipated and how hard is it for prosecutors to get a guilty movement on him?

he says he is not guilty. what do they have to prove? >> great to be with you, of course. he is no stranger to these initial appearances. these are sort of proforma. they go according to the same plan. it is not surprising that he is allowed to travel for official purposes. at this stage, the federal magistrate who does these things understand that everybody is presumed innocent and they will treat them that way. the entry of a not guilty plea does not mean he will never change that plea to a guilty, perhaps if he works out a plea deal. at this point before discovery has been provided and all of those things that the defense team is going to need to be ready, the entry of a not guilty plea preserves all of his legal and procedural rights so that the discovery process can go forward and if it goes far enough, even of course a trial.

at any point prior to a trial, the plea could be changed to a plea of guilty if there is a plea deal that has been reached. >> harris: for one of the things i wondered about. he is accused of pocketing bribes of cash and gold bars, luxury vehicle, for wielding his political influence to secretly advance egyptian interests and do favors for a local businessman. i named daibes in edgewater, new jersey and another defendant in all of this as well. so just with regard to the egyptian officials, what kind of agreement do we have with that country that you know about? could we or could the prosecutors go after an individual outside of the united states? and if only to put pressure on bob menendez? how does this work? >> if the witnesses are truly located outside the geographic boundaries of the united states, then it becomes a matter of international diplomacy as to

whether or not the prosecution can secure them, you know, to come to court in person and testify under oath. it might be possible to work out some kind of an arrangement whereby a deposition might be taken that could be potentially used in court. when we are talking about witnesses outside of the united states, it is all a matter of international diplomacy and what type of agreements if any, we have with these nations. now, bear in mind, we don't know what the prosecutors have. it is possible they've traveled outside the united states overseas if necessary and interviewed witnesses and have secured statements. there is a lot more to this. the indictment was obviously full of very interesting and jaw dropping information, harris. we talked about that the other day. but the prosecutors have more.

i wouldn't be surprised to learn that there are audio recordings, video recordings and all sorts of other electronic communications. there is a lot more in their file. >> harris: we have to wait and see. innocent until proven guilty. the first place you went to was why he is allowed to travel still. i want to know does he go to egypt and do they let him do these things so they can watch him? >> he will probably stay out of egypt. >> harris: it will be fascinating to see what the law does with his freedom. innocent until proven guilty. he can roam if he wants to. thank you for being with me on the breaking news. we'll move now. a growing number of democrats seem to be quite upset over the president's dismal polling. first they weren't looking at it. now they are panicking. yes. fears over a possible third party getting involved. that would spoil things, they

think. this very telling exchange between james carville and bill maher on his podcast. >> let's assume election was november 3rd this year. the candidates are joe biden, the democrat. donald trump, the republican. joe manchin and larry and cornel west. trump would be a betting favorite. somebody better wake the bleep up. >> we're on the same wage the biden. did a great service but in 2020 maybe he was the only one who could have beaten trump. now he is the only one who will lose to him. he cannot run for president. he will look bad in the debates. it is too much. he will be ruth bader biden, the ruth bader ginsburg of the presidency. it is not a good look. >> harris: wow. i guess he could have gone with anybody there. dianne feinstein, that's bill

maher, i know that. so what is the point for democrats? they are inching toward the possibility they might want to put somebody else in. if that were the case do they even have time to get another name on the ballot at this point? if they do go up against a third party could it be the no labels where they would pull from each party, maybe a v.p. candidate and a presidential candidate, one of each party, which could hurt or at least diminish the vote for either party. we really don't know. i can tell you that last check $72 million they had raised in the no labels party. that's a lot of cash. you can get some names on the ballot for certain. let's pop up the numbers and look at the republicans beating joe biden at this point. that's polling that we've been looking at and have seen it twice in the last few weeks. nikki haley still among those

republican presidential candidates beating joe biden. she is still outside the margin of error in polling on this issue. if it weren't biden could it be a republican. if it were, who would it be and who would you want? the former ambassador with 5% but they are either tied or beating him. so right now the left is definitely looking at joe biden, do we go with him and who would it be? if you are kamala harris, the vice president right now, how loved are you that they aren't screaming your name? you stand behind this man. the second primary debate tonight for republican on fox business 9:00 p.m. eastern. your night is made. at that debate gavin newsom has been chosen by biden's campaign to be the surrogate and give the rebuttal. not kamala harris, the vice president. i'll see you on "outnumbered" after the commercial break.

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