i was especially pleased to see special counsel make clear the stark distinction and difference between this case and mr. trump's case. special counsel wrote and i quote several distinctions between mr. trump's case and bidens are clear. most notably after given multiple chances to return classified documents to avoid prosecution mr. trump allegedly did the opposite. according to the indictment he not only refused to return the documents for many months and also obstructed justice by enlisting others to destroy evidence and then to lie about it. in contrast, mr. biden turned in classified documents to the national archives and the department of justice. the search of multiple locations including his home sat for voluntary interviews and in other ways cooperated with the investigation, and of quote. i've seen headline since the report was released about my willful retention of documents. this is not only misleading, it

is just plain wrong. on page 215 if you have the chance, i know it's a thick document, on page 215 the special counsel found the exact opposite. here's what he wrote. there is in fact a shortage of evidence that i willfully retained classified documents related to afghanistan. on page 12 special counsel also wrote for another documents the decision to decline criminal charges was straightforward. the evidence suggested mr. biden did not willfully retain these documents. the evidence said i did not willfully retain these documents. in addition, there are some attention paid to some parts of the report about my recollection of events. there is reference that i don't remember when my son died. how in the hell dare he raise that. frankly when i was asked the question i talk to myself it wasn't any of their damn business.

let me tell you something. some of you have commented. eyewear since the day he died every single day the rosary he got. every memorial day we hold a service remembering him attended by friends and family and people who loved him. i don't need anyone to remind me when he passed away. the simple truth is i set for five hours over two days going back 40 years at the same time i was managing an international crisis. their task was to make a decision about whether to move forward with charges in this case. that was their decision to make. that is the council policy decision to make. that is their job. they decided not to move forward for any extraneous commentary they don't know what they are talking about. it has no place in this report. bottom line is the matter is now closed and i will continue what

i have always focused on, my job of being president of the united states of america. thank you and i will take some questions. >> reporter: something the special counsel said in his report is that one of the reasons you were not charged is because in his description you are a well milling, elderly man with a poor memory. >> i am an elderly men. i know what the hell i am doing. i put this country back on its feet. i don't need his recommendation. >> reporter: how is your memory and can you continue as president? >> my memory is so bad that i let you speak. >> reporter: your memory has gotten worse? >> my memory has not gotten worse. my memory is fine. take a look at what i have done since becoming president. no one thought i could pass any of the things i got passed. how did that happen? i guess i just forgot what was going on. [ crosstalk ] >> reporter: there are concerns about your age.

this is going to fuel further concern? >> only by some of you. [ crosstalk ] >> reporter: do you take responsibility for being careless but classified materials? >> i take responsibility for not having seen exactly what my staff was doing. things that appeared in my garage and things that came out of my home, things that were moved thought by me but by my staff. my staff. [ crosstalk ] >> reporter: mr. president, for months you have talked about your age and respond watch me. then the american people have been watching and they have expressed concerns about their age. >> that is your judgment. that is not the judgment of the press. >> reporter: they expressed concerns about mental acuity and say you are too old. in december you told me you

believe there are many other democrats who could defeat donald trump. why does it have to be you now? >> because i am the most qualified person to be president of the united states and finish the job i started. [ crosstalk ] >> reporter: why are you confusing names? >> i did not share classified information. i did not share. i did not. guaranteed i did not. i did not say that. >> the fact of the matter is what i didn't want repeated, i didn't read it to him. i had written a long memorandum to president obama why we should not be in afghanistan. it was multiple pages. what i was referring to i said classified and should have said it should be private. there was a contact between the president and vice president as to what was going on.

that's what he's referring to. it was not classified information in that document. that was not classified. [ crosstalk ] >> reporter: when you look back at this incident, is there anything you would do differently now? do think a special prosecutor should have been appointed in the first place in both of these cases? >> first of all, what i would have done is oversee the transfer of the material that was in my office, my offices. i should have done that. i go back and didn't have the responsibility. my staff was supposed to do that and they referenced that in the report. my staff did not do it in a way- -for example i don't know how half the boxes got in my garage until i found out staff gathered them up, put them together and put them in the

garage in my home. all the stuff that was in my home was in filing cabinets that were either locked. it was in my house. it wasn't out in mar-a-lago in a public place. none of it was highly classified. it didn't have any red stuff on it. you know around the corners? none of that. i wish i had paid more attention to how the documents were being moved and where. i thought they were being moved to the archives. i thought that's all that was being moves. what was the last part of your question? >> whether special counsel should have been appointed in this case in the case of your rival former president drunk? >> i think they should have been appointed. a special counsel should have been appointed is because i did not want to be in a position that they looked at trump and weren't going to look at me. just like they looked at the vice president. the fact is they made a firm conclusion. i did not break the law. period. thank you all very much. [ crosstalk ]

>> i am of the view, as you know, that the conduct of the response in the gaza strip has been over the top. i think that, as you know, initially the president of mexico did not want to open up the gate to allow humanitarian material to get in. i talked to him. i convinced him to open the gate. i talked to bb to open the gate on the erase early side. i've been pushing really hard to

get humanitarian assistance into gaza. there is a lot of innocent people starving. a lot of innocent people are in trouble and dying. it's got to stop. number one. number two, i was also in a position that i'm the guy that made the case that we also have to do much more to increase the amount of material going in including fuel, including other items. i've been on the phone with the qatar ease and on the phone with the egyptians and on the phone with the saudi he's to get as much aid as we possibly can into gaza. there are innocent people, women and children, who are in bad need of help. that's what we are pushing. i am pushing very hard now to deal with this hostage cease-fire. i've been working tirelessly on this deal. how can i say this? to lead to a sustained pause in the fighting and the actions

taking place in the gaza strip. because i think if we can get the delay, the initial delay, i think we would be able to extend that so that we can increase the prospect that this fighting in gaza changes. there is also negotiations, you may recall at the very beginning, right before hamas attacked. i was in contact with the saudis and others to work out a deal where they recognize israel's right to exist and let them make it part of the middle east and recognize them fully in return for certain things that the united states would commit to do. the commitment that we were proposed to do related to two items that i will not go into detail. one of them was to deal with the protection against the archenemy to the northwest, northeast i

should say. the second one, by providing ammunition and material for them to defend themselves. coincidently, that's the timeframe where this broke out. i have no proof what i'm about to say. it's not unreasonable to suspect that the hamas understood what was about to take place and wanted to break it up before it happened. [ crosstalk ] that was the president of the united states reeling after a special counsel report found him to have diminished capacities. found him to have willfully retained classified documents in multiple locations that were insecure putting our national security at risk. but did not choose to bring charges because of those diminished capacities and thought he would appear to be an elderly man with memory issues in front of a sympathetic jury.

the president forced to call a hasty press conference, which he never does at this hour, about 10 minutes late to the press conference. seething with anger at one point at the special counsel for suggesting that he didn't remember when his son bo died. the special counsel saying at one point he didn't remember when he was vice president, lashing out at our very own peter doocy, lashing out at several reporters there and forced to walk out of the room. let's now bring in kayleigh mcenany former white house press secretary. kayleigh, have you ever seen anything like that where the president of the united states is having a hard time, struggling to convince not only the press, but the american people that he's mentally sharp enough to continue to execute the duties of the presidency? >> no. we just saw an unmitigated disaster play out before our very eyes. we just watched a wounded

political animal hobble to a podium and react with defensiveness, with anger, and you know its bad, jesse, when you have the white house press corps. they are essentially an extension of the joe biden press and communications team. when they are shouting at him, asking repeatedly, are you going to step aside mr. president. the cnn correspondent asking that. when nbc of all places rights the headline, a nightmare, special counsel report triggers panic among democrats. when you have a president who for 45 minutes announces a press conference with no topic, giving the world 45 minutes to speculate is he stepping aside? what would life be like under a president kamala harris for 45 minutes the nation got to feel that panic. i don't think they will forget it come november. >> we were upstairs thinking whether he would announce he

wasn't running for reelection and what the implications in terms of national security would be. he's already jeopardize national security and then lied about it to the press just now saying he never willfully retained these classified documents, did not take any responsibility for it, blamed the press win in fact the special counsel said that he packed some of these boxes. he is on tape acknowledging i have got classified documents down there. and when peter doocy says you have issues with your memory and he says my memory is so bad i let you speak. that doesn't even make any sense, kayleigh. >> it makes no sense. i believe that one day we will discover that we were all played and what was the biggest presidential cover-up in recent memory. think of the links that this team around him has had to go to to create an eggshell environment that has kept the american people out.

his lawyers wrote to the special counsel, please take out the details about his memory. jill biden has to escort him off the stage. karine jean-pierre yells attacks at peter doocy when he asks questions about age. the communication director said the interview came one day after october 7th as if that's an excuse. his campaign says they bring up his age to distract from the booming economy. these are all ploys to deceive the american people. one day we will discover the cover-up and how greatly at risk we were for this man being in charge. >> today we found out there has been a cover-up and they certified everything that we have all seen with our very own eyes. he does not have what it takes to be commander-in-chief. thank you very much. let's bring in fox news contributor mark tese and. mark, i don't think i've ever witnessed anything like that, the anger, the defensiveness, the dishonesty, the inability to

communicate any sort of confidence or accountability. his own administration said he couldn't be held accountable in a court of law. they take pity on him, the jury. >> exactly right. we are now beyond concern about whether joe biden can serve a second term. we should be concerned about whether he can finish serving his first. this press conference made it worse. first of all, he just referred to the president of egypt as the president of mexico in that press conference just then. he couldn't remember hamas. the last week he couldn't remember who hamas were. he described a conversation with a long dead french president president. he described his conversation with a dead german chancellor about the january 6th attack who died four years before the attack happened and now has discussed it and described his conversations with president cc of mexico. that's what we just witnessed. he said during that press conference that during the crisis a couple days after the attacks in the middle east the

tober seventh attacks he took the time of the crisis to have a five our interview. let me read how the presidential council described that interview. and his interview in our office mr. biden's memory was worse. he didn't remember when he was vice president for getting the day of the interview when his term ended. when his term began he did not remember even within several years when his son bo died. his memory appeared hazy when describing the afghanistan debate that was once so important to him. he described general ikenberry who was his ally as someone who he disagreed with. it said that they found that the reason they didn't go to a jury and charge him and couldn't charge them because his diminished faculties and felty showed. that's the state of joe biden meso mental capacity when he was handling the october 7th attacks. in the middle of that. go ahead. >> i was going to say we expected someone to come into the oval office and say joe,

it's over. and say we can't have you run for reelection just for the sake of the country, for the sake of the safety of the nation. aren't there any wise old hands to come down and deliver that message to the president? this is a dangerous world. we have now had the conclusion by his own administration that he's not equipped mentally, physically equipped to handle the duties of the presidency. this makes everybody feel unsafe. >> 100%. here's the thing. 76% of americans say he's too old to serve a second term. that's based on his public utterances. we have limited view into his mental capacity because we just see him stumble in press conferences and make a mistake on the world stage. we all sit and wonder what he's like behind closed doors if he's been like this in public. what the special counsel has done is pulled back the veil and showed us. shown us what he's like in a

five our interview. if he's having that much trouble having a conversation remembering facts, following trains of thought in his meetings with justice department lawyers, what are his meetings with world leaders like? what are meetings with national security advisers like? he told us after the disastrous afghanistan which all that no one told him to leave 2500 troops as a residual force. his military commanders testified that they had. they had all told him we needed to leave 2500 troops behind in afghanistan. was he lying or did he not know? that is where we are. >> we don't know if he's telling the truth or if he doesn't remember. if you read the report he says that over and over and over again. the president doesn't really know or can't remember and then later says i wanted to keep these documents for my book. you can't have it both ways. you can't have it where he's not going to remember enough so you can put him on trial. but if you're going to say he

actually knows everything, well what are you talking about? he just said he can't remember. none of it makes any sense. this might be the worst day of his presidency. maybe not as bad as the afghanistan day. this may be the worst. let's bring in senior advisor stephen miller. you were in the white house when the press and everybody was salivating over the 25th amendment. what are your thoughts on that now? >> well, of course president trump is the sharpest person to occupy the oval office in our lifetime. i can say that from intimate experience working in the west wing every single day of the presidency. let's talk about what happened today and how stunning this is. the department of justice effectively said that joe biden is less mentally fit and capable than the average inmate in san quentin. you could go to any federal prison in the country, pick any random inmate, drug dealer, murderer, anybody there and they

would be more mentally capable than the president of the united states of america. it's a very low ball bar to be ruled mentally fit for trial. the most retirees and most retirement communities all across the country can meet the president of the united states does not meet. when they talk about diminished faculties, those are phrases you hear in a hospice care setting when they are explaining to the children of the patient why grandpa is biting the care workers. that's how bad this is, jesse. that's the president of the united states. he certainly did not lay any concerns when he thinks the president of egypt is the president of mexico. he went on tv live tonight and talked about opening up humanitarian gateways from mexico to the gaza strip. do you know how demented and arranged that sounds? man shouted at angry reporters. accosted them, screamed at them and said let's talk about the president of mexico and our plan for gaza relief.

this is a pr catastrophe for the white house but also a national security catastrophe for the united states of america. >> when he was speaking to democrats this afternoon after this dropped he said i was elected to be the president for red states and green states. i hadn't heard that one before. sent that saved dr. seuss line. >> go back to the picture we will show. look at the garage. this is the president of the united states garage, stephen miller. this is where he was keeping information about u.s. weapons capabilities, foreign intelligence, military secrets. there it is, next to a lamp with duct tape wrapped around it and a shoebox. the fbi said that parks was so dilapidated and crumbled that they couldn't even pick it up. they had to take the classified documents and put it in another box. this is a garage that hunter is in and out of with jackie bow who is tied to chinese intelligence. this is where the garage door is

open and they are going on a joyride in the the corvette. take this and look at donald trump where his documents were. they were locked up in a separate secure facility. the boxes had tops on them, guarded by secret service on an estate on an island. the media went crazy when those images came out. how can you continue to go forward with this document prosecution on the trump side after what we have witnessed here with this offramp that the special counsel has given joe biden who had a garage that looked like my great grandfather's after a rummage sale? >> let's be very clear. the department of justice, the report they wrote, was an attempt to get joe biden completely scot-free off of the documents case while they were persecuting donald trump. those pictures you showed are the least secured handling and storing of classified information i have ever seen in my life.

donald trump stored the records based on consultation with the department of justice and the national archives. records that he as president has the absolute right to maintain, control, declassify. an unmitigated right of the president of the united states. joe biden had no such right. he was vice president, not president. he was senator, not president, when he stole and purloined these records. and yet he is not being prosecuted. we know why he's not being prosecuted. because the system is rigged. it's rigged in the same way that black lives matter can torch buildings and kill people and ruin lives, but pro-life protesters get thrown in the slammer. it's rigged because if you were on the right team, the democrat team, you can commit any crime and will be shielded. if you are on the wrong republican team and certainly for donald trump no matter how innocent you are you will be railroaded. joe biden belongs in prison. he willfully retained and

disclosed classified information and he has absolutely no right to retain those records because he was not the president of the united states. >> and he's lying to the american people about disclosing classified information. the report says he shared classified information with his ghostwriter for the book. when he was asked about it he said it wasn't true and told some crazy story about afghanistan. now knowing this whole time he has been sitting on this dusty, disheveled box of classified documents in his garage and all over chinatown and penned by dunn center he was green lighting his justice department to go raid donald trump's mar-a-lago estate. think about how diabolical that is. >> because we don't live in a free country anymore. we don't live in a democracy anymore. we live in a country where there is a ruling party, a ruling regime, ruling power centers and they decide who goes to jail and who is innocent. hunter biden had unfettered

access to the documents in this area. a drug addict had unfettered access. the same time the biden family is making millions and millions of dollars in shady foreign dealings. how easy would it have been for any number of foreign governments to obtain access to this garage? how often was the garage open? how often were the facilities unsecured? this is a complete and total violation of our nation's most essential secrets. at the end of the day this is the same government that has a wide open border and traffics in children and the same government that centers our speech illegally. it's the same government that allows people to vote without any verification. it's the same government trying to throw donald trump in jail because he's the leader of the opposition party. they don't care about rules. they care about power. smack you have a wide open garage and border. a mess on both fronts. thank you very much. let's bring in dana perino on the phone, former white house

press secretary and my cohost on the five. you have seen quite a lot of presidential press conferences. i don't know what to say about this one. a look like he was almost going to throw a punch at one point. >> i admire their decision to have him come out and do a statement tonight. the robert hur report today was so devastating that and imagine letting that go for 18 hours and the newspapers in the morning would have no response except for the anemic response from biden's lawyers which was a written statement basically saying we don't think it was appropriate that you included that. meanwhile the rest of the nation is saying oh, my gosh, the special counsel said that our president is mentally unfit and would be dismissed by a jury for being too elderly and have poor memory. i admire that part. i don't understand why the white house didn't let him do the statement seated at the oval office, no press pool, deliver

the statement nice and tight and go to bed. but by taking questions from a very frustrated press corps who never gets to ask him questions on the hottest news story of their lives and of this moment, it was going to be a free-for-all and he didn't stick the landing. he didn't stick the landing. and so the purpose of the statement, which i appreciated and understood. i thought it was smart. it got ruined when he didn't do that. >> i think they were forced into coming out and taking questions because if they hadn't and delivered something behind the desk it would have reinforced the idea that he's hiding and not capable of engaging articulately at the american press corps, which he really hasn't been able to do for quite some time. you are right. he didn't deliver when he needed to. >> i think what i would have done, because that's a good point. i would have done the nice and

tight statement to be in the newspapers and all of the media tomorrow morning and maybe than announce that the president will hold a press conference at 10:0e strongest time of day. >> that's exactly right. this is way late for him and he never calls these hasty press conferences and it shows. he was angry and too emotional. get a good nights sleep and sleep on it. come together and have a nice breakfast and a cup of coffee the next morning and then you are on your game. thank you so much. i am sure i will see you tomorrow. >> south carolina governor kristi noem joins us now. we will turn around some of the soundbites from that insane press conference we just witnessed where the president almost looked like he was going to jump across and hit somebody for asking him a question. i think he is reserving a little something special for the special counsel robert hur who just said to the american people that the president has issues mentally, hazy memory and

diminished faculties. your reaction? >> i think dana pretty much said my thoughts exactly. they have to know every staffer should know what they are dealing with whether it's a candidate or president. what is their strength and not their strength. that's the challenge with president biden. he has very few strengths. he's not good at night. he was emotional. the statement would have been better. this only made it much, much worse for him. after this report came out he came out and proved he has diminished capacity. he couldn't refer to the right country with the right president and the right conflict and the right war. wow, it was a lot. i think what is amazing is that we as republicans have to get smart and really realize what's going to happen in the next election. i don't think they replace him. i think what they do, and in my brain i have been thinking they are going to figure out a way to do what they did during covid. during covid there was a crisis,

an emergency and disaster. they issued an emergency order. they will do it in 2024. something will happen whether manufactured or not that will allow the governors and all the states to right in emergency orders to conduct their elections however they want to. they will go back to what they did in 2020 and all of these liberal governors that got reelected in these swing states are going to write an emergency orders to run their elections however they want to. whether its mail-in ballots, collecting ballots by unions in walmart parking lots. they will use every tool to make sure that joe biden gets elected again. >> we saw what happened in colorado today at the supreme court. that could go 9-0 against the democrats who tried to strip biden off the ballot. i agree. anything is on the table after what we have just seen. it's a sad day. it's not a happy day for the american people. it's depressing to see the commander-in-chief in a state like that. kristi noem, thank you so much.

let's bring in our white house correspondent eat or do see. do we have peter? >> i am here. you are not having a memory lapse, are you? >> i am not. it is not your father. you look much more handsome. tell me what it was like in that room. you haven't had a lot of those moments, that intensity with the president in quite some time. he seemed incredibly antagonistic. >> i wouldn't say he seemed antagonistic. whatever it is you guys can turn around the tape if you want to play it later, his response to me when i asked him how bad his memory is and he said its bad enough that i let you talk. that is funny. if that is how he's going to respond to questions like that, they should have him do stuff like that more often. as i have gone back and read the notes in the transcript, it seems like the only mistake that he made was talking about the israel-hamas cease-fire talks

when he referred to the president of mexico cc, which is obviously he is the president of egypt. they needed to show that he is not what the special counsel described. i went in with all these quotes. well-meaning elderly man with the poor memory. did not remember when he was vice president. did not remember when his term ended. they needed to show intensity. i didn't think it came across antagonistic at all. i think it came across as i don't like what people are saying about me and i will do something about it. they never put him out for stuff like that, especially not in prime time. >> he looked angry to me. maybe it was different in the room. let's listen to the exchange with you in the president. run it. >> reporter: president biden, something the special counsel said in his report is that one of the reasons you were not charged is because in his description you are a well-meaning elderly man with a

poor memory. >> i am well-meaning and elderly man and i know what the hell i am doing. i put this country back on its feet. i don't need his recommendation. >> how bad is your memory and can you continue as president? >> my memory is so bad that a let you speak. >> has your memory gotten worse? >> my memory is fine. >> i see what you are saying. if you look at the transcript, it's a joke. sarcasm did not translate at the time. i don't know how it was in the room, but you thought he performed how today? >> also look at what i was asking him. i asked him if his memory was so bad that he has to step down as president? that's a hard and uncomfortable question. i wouldn't expect him to laugh it off. it's a serious thing. he needs to convince people he can go another five years when there is already 388 pages of the special counsel saying he's

got serious lapses in his memory and doesn't remember giving things to people or where he put stuff. he said he doesn't know how the boxes got in his garage. i wasn't expecting him to go in there and laugh it off. he takes this stuff seriously. >> he does. as long as it pertains to his political survival. i wouldn't say he takes classified document retention seriously if you have looked in the garage. peter, tell me about the room there. you don't get a lot of access to him. not just do, but all of you don't get access. there was a frothing that i picked up on that you could almost feel through the screen. these reporters never get to speak to him. they were anxious and interested. they were really on the tip of their toes. what was that like? >> it was as close as you could get to the president indoors when he is speaking like that. they had a diplomatic reception room which is the room that he

walks in or out of when a he is going to the helicopter on the south lawn. you see the outside door all the time. you never really see inside. there is a picture of george washington and some books. we were only eight or 10 feet away. it's one of those things that it's good he took questions. he set off the top he would take questions. if he didn't there would be no way they could have said he didn't hear. we were so close. >> he contradicts the special counsel's report numerous times about sharing classified documents, about willfully retaining them. the first sentence is he willfully retained them. when you hear that, does that strike you as typical political defensiveness? how do you process that? >> i was not expecting him to come out and say i accept the results of the special counsel investigation. he said what a politician is supposed to say. i cooperated and i'm not going

to be charged. so this is over. also look at donald trump. his thing is not over yet. >> and it is my staff's fault. >> right. >> got to blame the staff. you never blame your staff. i've been known to blame staff wants in a while. peter doocy, thank you so much. good to see you as always. let's bring in former green beret joe kent to talk about the national security implications. we talked earlier about this. there is a rumor that he would announce that he might not run for reelection after this damning report. so damaging not just to the american voter but to our enemies, our allies. when you have his own administration saying he is painfully slow. he has a hazy memory. he's experiencing significant limitations. if you are saudi arabia, russia, china, mexico, how are you grappling with that? >> our enemies and adversaries smell blood in the water.

they have seen how biden handled the disastrous afghan withdrawal and how horribly things are going with this war in ukraine that we are supporting. and now this conflict in the middle east where we are supporting every single side. bite and attempted to give sum kind of update on the middle east, but he fails to mention the fact that we are continuing to support the irradiance while pretending to support the israelis as well. we are in dangerous times. one of the biggest functions that joe biden serves for the people that are calling the shots in our country, is that he provides this theater where he goes out as a doddering old man. now he's a doddering old man for the jail free card. that is the destruction of our country that the democrats are doing every single day. the border is wide open. they've pumped 12 million illegals into the country. they have killed 118,000 americans by fentanyl poisoning. it we are supposed to get out there and have this debate about joe biden's memory. this is why the democrats love

having joe biden there. they can put him out and continue running the deliberate destruction of our nation. we have to come to terms with the fact that the democrats are done playing politics. they're not trying to convince us about policies anymore. they are loading the coffers as the entire country crumbles. their pumping again illegals to vote and supporting every single side of every single conflict and spending us into oblivion. we are supposed to chase the shiny object that is this doddering old man. >> that game might be a. if he doesn't win reelection, it's over. the whole game is done. if you can't drag this guy across the finish line than he is useless. if you look at the polling and read this report, how are the democrat kingmakers going to hear when did i stop bin vice president? or am i still vice president in 2009? and say, oh, yeah, the american

people are going to give this guy another shot. this is incredibly damaging to the presidency and almost a terminal blow to the reelection campaign. >> i agree it is. i do think the democrats, the democrat kingmakers, really stopped worrying about what we consider normal electoral politics. this is why the border is wide open and there pumping illegal immigrants into the country into major urban centers and probably into swing states for all that we know. i think they intend to do what governor gnome was talking about. some crisis they can manufacture a situation where they control the elections once more like they did in 2020. i think we are in a completely uncharted territory where the democrats don't care about the constitution. they don't care about actual fair and free elections and they don't care about legitimately making their case to the american people. their cases to completely and totally destroy the nation as we

know it. >> we have to prepare for surprises from now until october and then in november. thank you so much and thanks for your service. >> let's bring in fox news contributor byron york. i want to play an exchange that the president just had with one of the reporters. let's listen. >> reporter: the american people have been watching and they have expressed concerns about your age. >> that is your judgment. that is not the judgment of the press. >> reporter: they expressed concerns about mental acuity. they say you are too old. in december you told me you believe there are many other democrats who could defeat donald trump. why does it have to be you now? >> i am the most qualified person in this country to be president of the united states and finish the job i started. >> he said that is your judgment, not the judgment of the press. that doesn't make any press sense. he wasn't antagonistic. he looked like he was going to snap her neck.

>> absolutely. he was very antagonistic. this has been an extraordinary day and extraordinary performance by the president tonight. you've got to be stunned if the white house let him get out and do that. that particular question that the reporter asked, we have had poll after poll after poll with americans. republicans, independents and democrats. majorities of them expressing concern about the president's ability to handle the job of president in a second term. that's absolutely something the electorate thanks the president just snapped her head off and denied it and gave a real angry old man feel to all this. it accomplished exactly the opposite of what he probably hoped to do, which was diffuse some of this before he went out. >> you are right. that was not the attitude to come in with. he was running too hot emotionally. you should have had stopped bringing charges. we made a few mistakes.

i staff made some mixups when they delivered the boxes but i take full responsibility for my staff. i'm sorry, but pivot to trump. good night everybody. but he freaked out on them and it just reinforced the fact that he is so defensive and understandably why. she cited the pole. it's like 23% of the country. they don't think he has what it takes to be president. >> and for the president to stand there as he did on a number of occasions tonight and say my memory is fine, my memory is fine. he is telling the american people something that they know isn't true. they are concerned about it. these are a lot of people who voted for joe biden. this is the world's least surprising story in one way that we knew joe biden was 77 years

old when he took office, 81 now. he would be 86 if he serves a second term. we all knew that was really, really pressing the edge of the envelope. the president has decided to run for reelection. one word on the other part of the reporter's question, which is why isn't there some other democrat that can beat donald trump box apparently early on in his presidency joe biden convinced himself that he and he alone stands between the united states and the abyss of trumpism. that's his job. it's his mission to rescue america from maga extremism. the president still believes that. he is running when he is clearly too old. >> i bet kamala harris had an interesting evening once this thing dropped. i bet gavin newsom might have thought a little wind blow in

california. i shouldn't even say anything about michelle because dana perino will smack me across the face. this was a strange afternoon and even stranger evening. seems to be still in denial. i don't know if that will ever change. byron, thanks for joining "jesse watters primetime". >> thank you, jesse. let's bring in solve eisenberg. the president just not telling the truth about what was in his own administration's report. let's listen to when he was asked about whether he shared classified documents in a second. your reaction to the report and the president's heated press conference. >> well, my reaction to the report was that in most have been ghostwritten by gavin newsom and rfk jr. in terms of the damage it did to him. it's interesting you asked that question. my response to his brief press conference there and to his

answers was that unfortunately he is lying and he's rather blatantly lying about what the report said. let me just read you if i can from the executive summary. our investigation uncovered evidence that president biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen. no, that means willfully retained under this statute means he knew he was violating the law. the special counsel also said for various reasons we don't think we can prove it beyond a reasonable doubt. there was certainly evidence of it. this is even more damning and completely opposite of what he just said. it said talking about classified documents about afghanistan. these documents from fall 2009 have classification markings up to the top secret sensitive compartmentalized information level. they were found in a box and mrt

contained other materials of great personal significance to him and that he appears to have personally used and accessed. he came out out and blatantly lied about what the special counsel found. it reminds me very much of when he came out after the afghanistan debacle and said a number of things that were blatantly untrue. >> how much does this completely undercut his entire platform that he is the serious person, he's the adult in the room, he understands national security, he someone to be trusted with america's secrets. he is someone that is sharp and experienced enough to manage of the government in a way that donald trump is not? i don't see how you can read this report and then believe anything that joe biden sells you about who he is. >> you asked a political question. i'm hear to do a legal. i'm telling you he lied about

what is in the report. >> he lied multiple times. i think this might be it for joe biden and the reelection campaign. i will not make predictions especially after my red wave commentary. it's a bad day for the joe biden reelection campaign. thank you so much for coming on "jesse watters primetime". we appreciate your analysis. more prime time straight ahead. sheets directly at the source. voltaren, the joy of movement.

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another major blow for the biden is the supreme court heard oral arguments on whether colorado should strip trump for the ballot for engaging in the insurrection. all nine justices, liberal and conservative alike, sounded extremely skeptical. trump considered it a win. >> i just say that and in watching the supreme court today, i thought it's a beautiful process. i hope that democracy of this country will continue. >> during questioning from justice thomas the colorado attorney choked and couldn't

even name a single president of the state stripping a national candidate from the ballot. statement that would suggest there would at least be a few examples on national candidates being disqualified. if you're reading is correct. spent there were certainly national candidates were disqualified by congress refusing to seek them. >> i understand that. that's not this case. if you are right, what are the examples. >> your exam your honor, the states excluded many candidates for state office, individuals holding state offices. >> i understand the states controlling state elections and state possessions. what we are talking about here are national candidates. >> brutal. justice kagan and justice jackson both nominated by democratic presidents didn't seem to buy the argument that the 14th amendment was written to disqualify presidential candidates. when it clearly states only officers could be disqualified.

listen to this. >> the question that you have to confront is why a single state who should decide who gets to be president of the united states. >> the framers were concerned about charismatic rebels who might rise through the ranks and including the presidency of the united states. >> why didn't did they put the word president in the very enumerated list in section 3. the thing that is troubling to me is i totally understand your argument, but they were listing people that were barred and president is not there. if there is an ambiguity, why would we construe it to, as justice cavanaugh pointed out, against democracy? >> justice jackson may not know what a woman is, but she knows what democracy is. prime time is hearing it could be 8-1 or even a unanimous decision to keep trump on the ballot. but the resistance will continue because democrat attorney from colorado said that if trump wins this november, they have an

insurance policy. >> if this court concludes that colorado did not have the authority to exclude president trump from the presidential ballot on procedural grounds, i think this case would be done. but i think it could come back with a vengeance because ultimately members of congress may have to make the determination after a presidential election if president trump wins about whether or not he's disqualified from office and whether to count votes cast for him under the electoral count reform at. >> this means if trump wins this november and the democrats retake the house and keep the senate, they could vote to disqualify trump from the presidency before he could be sworn in. hillary clinton can't read the room and fashions herself as a superior constitutional scholar than the nine justices and says trump is a would-be serial killer who shouldn't be permitted to run. >> there is a yearning for

leaders who can kill and imprison their opponents, destroy the press, lead a life that is one of impunity, unbound by any laws. if you read section 3 of the 14th amendment, it's pretty clear that he should not be permitted to run for president. i think the argument is strongly on their side. >> the media fell into a depression after sensing trump would likely stay on the ballot but enjoyed censoring his reaction to the proceedings. >> around was broke when i left and they had no money to give to hamas. >> okay. i think we have gotten all the legal analysis we will get out of trump. >> we are listening to donald trump. we went to mar-a-lago to hear him talk about the arguments that we've all been listening to for more than two hours. but instead he has gone adrift, shall we say, and talk about israel, world war iii, iraq and made unsupported accusations.

>> if trump was going to destroy the press, when the press want to hear what trump said? certainly i want to know how i would be arrested, thrown in prison and destroyed. another fox news alert. the nypd has released the body cam footage showing migrants attacking two police officers in times square. >> reporter: for the first time we are seeing exactly what two nypd officers experienced win at least 11 people attacked them, including several migrants in times square. take a look at this. [indiscernible] >> you see part of the confrontation. take a look at how it started. this 24-year-old migrant looks offended when an officer touches his coat while trying to make him move. the officers guide the migrant away from the crowd. as they do that, take a look at this next video.

he pushes back. the officers take them to the ground. then you see his friends jump in and kicked the officers while they are down. that man in the red on the top of the screen gets in a few shots. he is one of five migrants who still hasn't been arrested. here is what officers saw when the migrants attacked. but what [indiscernible] scary stuff. thankfully both of those officers are okay. and the 11 people involved in that attack, get this, only one of them is behind bars tonight. >> that's a travesty. thank you so much. so glad we can talk to you guys about something that is really near and dear to my heart. it's about my book. called to get it together troubling tales from the liberal fringe. we were just talking about this attack on the nypd and one of the chapters i discussed with

someone how they became to be a blm, an antiracist blm who wants to defund the police. it totally makes sense when you speak to these people about why they hate police and why they want to defund the police. it goes back to their childhood. like most people, they open up to me and tell me all the troubling traumas they have experienced and how all of their political beliefs have nothing to do with logic. it's all an emotional expression about maybe daddy issues, insecurities they have. it's a eye-opening book. it is up there with some of the greatest books that have ever been written. that is not me saying that. that's my editor. remember i am watters and this is my world. welcome to hannity. we begin with a fox news alert. we are following two massive stories tonight that could rock the 2024 election. first the long-awaited special counsel report on presiden