after watching those statements from federal officials, your advice to the mayor would be what? >> first off, he needs to stop talking and needs to stop making public statements. let his lawyers focus on doing their job, which i suspect to kerri's point is pointing out this is more like cutting through bureaucratic red tape than receiving some type of benefit in exchange like in a quid pro quo. i was looking for more substance from the federal authorities there. i didn't see it. i think marc's point on the politics is correct. i want to see how this investigation started and why. >> harris: it might make clear why he is willing to stay and stick it out. kerri said she didn't see much looking for the information and evidence. we'll cover it all as we always do right here on fox. "outnumbered" starts now.

>> several major stories developing this our. federal officials unveiling five charges against new york city mayor erica adams. this is the first time a sitting mayor has been charged in new york city. right now, a new york appeals court's hearing oral arguments, and former and present terms judgment -- happening as we speak. millions of americans are preparing for this hurricane to make landfall. florida getting prepared. a task force, holding its first hearing on the july 13th trump assassination attempt. we are learning new details on the widespread security failures from the secret service that d day. hello, this is "outnumbered." i'm kayleigh mcenany on this busy day. joining me is sandra smith, fox news contributor and president of american spirit enterprises tammy bruce, fox news contributor leslie marshall, and former

wisconsin harbison and cohost of "the bottom line" on fox business, sean duffy. we begin with cb cotton with the latest on erica adams' historic indictment. >> historic indeed. eric adams continues to say that he is innocent and has pledged to fight the charges. he faces five total counts, which include bribery, wire fraud, and seeking illegal campaign donations. the indictment is more than 50 pages long, heavily focuses on adams' connections to turkey and alleges that for nearly a decade he accepted luxury travel benefits from wealthy foreign business people and at least one turkish government official seeking influence over the mayor. investigators also allege that adams -- illegal campaign donations and in turn those donations were used to defraud of new york city and steal public funds. adams is the only defendant named in this indictment.

helps -- those illegal campaign donations. took steps to hide a paper trail, and they also say adams was told by one coconspirator to repay the bribes and pressure fire department officials to sign off on the opening of a new high-rise consulate building for the turkish government despite safety concerns. this comes as adams seeks reelection with a competitive democratic primary. today, adams said he was the victim of political persecution or at least made that suggestion and denied all the allegations. he also said he has no plans to step down. >> i have been facing these lies for months. since i begin to speak out for all of you, and their investigation started. the city has continued to improve.

make no mistake, you elected me to leave this city and leave it i will. >> first came into public view last november when fbi agents raided the home of adam's chief campaign fund-raiser. days later, the mayor -- and an ipad were also seized. this summer, adams and several others -- she would be replaced by this new city public advocate jim money williams who in turn would be in charge of setting up a special election. back to you. >> thank you. i want to pull up a line from the indictment. there is of course the accusations of accepting a first class, for in hotel rooms, ci --turkish officials. the ones that i think our

strongest are the donations where they purported to be from individuals. they were not, they were from foreign powers. allegedly the turks. that's new york taxpayer money. >> these are serious alleg allegations. the most serious charges, but the disclosure rules for most everyone in government service, might get approval to take a trip. of someone else will pay for it, you have to get approval for -- the department of justice, the southern district is one of the best offices in the country.

after the trump indictments come after the january 6th indictments on -- she worked at the capital. is this political retribution? for me, this seems lockstep with the biden administration, but who knows what goes on behind the scenes. that's my concern. i want to let the facts play out. indictments aren't convictions. >> here was erica adams last night. seems to suggest there is something political going on. this is his response with federal prosecutors. >> these are based on lies.

>> the reaction is interesting. you can see the indictment. reaction for most of the hour. one of the most interesting is for mayor of new york city rudy giuliani. not sure if you've seen it yet, but he says mayor adams indictment -- and constitutional rights and values. a lengthy statement after the indictment came out. you can have your own opinion about this case, but reserved final judgment until it's fully litigated in a court of law. that's some of the reaction that's coming in. seems like he has a firm no on this. piqued interest -- resigned for the good of the city before the

indictment was even put out there unsealed. you are threatening government function by staying in office and us having to live through these ongoing investigations. think about that for a second. think about the mess the city is in in this moment. feel for the residents of the city who has this turmoil going on with their mayor. they have the homelessness issues, crime issues, migrant issues in this city that is bankrupt. it's a mess in new york city. he walked off that stage earlier in the presser with shouts to resign, resign, resign. >> you heard some of his rather angry constituents, a myriad of issues as he was trying to get that press conference. i wonder -- viewers to understand, this is only 1 of 4 investigations ongoing. i want to pull this up for viewers so they understand there is the inquiry into his campaign, several nations. there's also an inquiry into

city hall ands, and an inquiry into former police commissioner, his twin brother, the police commissioner resign, and other legal matters. still some ongoing activity and questions with china. this is 1 of 4. there may be more to come. >> i think it's not a joke around the country, but we know that new york has always had problems. for a very long time. he knows the people involved, the nature of this, but to shawn's point earlier, the damage to the legitimacy of law and order, the justice department, because of the politics involving trump appropriately leads americans, as we should with any situation where their accusations, to stop and think for a minute about whether that's appropriate. the aoc situation, she wants her guy to be mayor. that's it. people shouting resign so this becomes the politics of it as well. i'll be so there's lots going on. we need to learn about what's

happening, but i think he is correct to not resign. let this play out. >> i want to swirl this as well. a place you don't want to be working today is this administration. these are all the people who have had their phones seized, and varying degrees of people who have had their properties -- doesn't mean they are guilty but these individuals have all been contacted by law enforcement. >> definitely. sean, you and i aren't always on the same page, but i'm with you on a few points. one is why didn't you just get approval and disclose? two, the thing i find most out of all the evidence presented and are the that the staff is included on with the turkish government. right now, their staff members calling the prosecutor's, may be afraid they're going to be dragged into this, maybe cutting some sort of a deal. one more thing to aoc. it's not just "i want my friends

to be mayor. asked for menendez to step down as well. she is echoing the sentiments of the people. however, it is too early in the game. >> lots of questions to be asked. i have someone here to answer many of them for us. our own harris faulkner joining us live from d.c. eric adams was asked if he would resign and he said categorically no. >> he said he feels he can take care of new york and continue to do his job. all those people, and by the way there were 19 names that i counted on that scroll you just rolled. the 18th name willie kopp name. among those people who have been dragged into this investigation, evidence including them or their witnesses to something or whatever it is the police

commissioner was booted out by this mayor. this is going to go deep, and it's going to go far and wide. and can any of them protect the city against the growing violence crime that we are seeing. i heard what you are saying. the potential replacement for him, should the governor -- the only one who can take him out of that seat. should she pull the mayor and replace him? it's not the deputy mayor just like the public advocate -- that's how it works in the state

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>> a bipartisan task force holding its first hearing on the july 13th trump assassination attempt. that wrapped within the last 30 minutes. now, we are learning new details on the widespread security failures that allowed a

20-year-old to get a clear shot at the former president. david spunt. >> we've heard a lot from the secret service and the fbi. we heard from the butler county emergency services unit, the butler police department, pennsylvania state police, a former secret service agents, and the medical examiner who did the autopsy arm the 20-year-old shooter. out of the interviews, pages and pages of documents, there is one pressing question. both sides of the aisle are asking this more than two months later. >> why on the world would you let former president trump go out onto the platform if you weren't sure it was secure? >> that was a question for the secret service. chairman kelly is referring to this quote from a senate report released yesterday, a counter sniper leader's local police with guns drawn and was asked by

investigators -- did the thought even cross your mind that you should inform someone to -- donald trump from going on the stage or if he was already on stage taken back? the answer was the thought not cost my mind. it was more about finding out what's happening. >> not knowing anything was wrong until shots were fired. >> gunshot wound to the head. this panel is bipartisan. they both agree that this needs to be investigated and they expect to have more of these hearings in the coming weeks and months. >> after this assassination attempt i laid out for viewers he said there is always a

command center, and they have federal law enforcement. all communication flows through one the command center. if there's a guy with a range finder, it makes it to a command center. today we learned there was not a command center and no reason why didn't happen. >> so many failures that day. i feel like i should start out by saying -- president trump has been gracious to all the secret service who to protect his life in that moment, the counter sniper after learning the 20-year-old was on the roof, seconds before he fired, before the counter sniper fire. so many failures that day. that's going to be in the future. we were just chatting on the couch. so many of the secret service agents. didn't know how to call a toll-free number to figure out how to fly at. think to -- thank goodness for the counter sniper who was there, and it's the only time they've been deployed from the secret service

for some of that wasn't the current sitting president,. >> and this person with the secret service for more than 20 years, that's what they said. guys on the ground, the women on the ground were heroes. the counter sniper and stop this from getting so much worse. we still lost a life. they were heroes. that is -- leadership. >> it is. while they were good to see that heroism existed, they should never have to be displaying it. it should never have to exist. be on the nature of the sniper, the importance of that, they are forgetting that. i always think back about the las vegas massacre. the music crowd from the hotel, the largest shooting in american history. we have never received details about that shooter, yet what could have happened to that crowd of 40,000 people if that man had had more time to pull off more rounds in that crowd.

we talk about miracles and divine intervention. i believe in that, but the snow comes down to our human intervention and the absurdity of the problems that unfolded that day. >> they knew they were on the roof for 3 minutes. >> and i think law enforcement -- or the secret service to just look at her read what we're finding out. one person tasked with monitoring that building. too much reliance on local state and city officials who were not trained at the level of our secret service. there were definite problems. who is in charge? we have too many coaches and not enough players. it was the opposite here. we have an obligation out of the harris campaign of an alleged

sexual assault from a secret service member who is temporarily, until investigation is complete, on probation. a lot of problems and perhaps not just retraining but cleaning up house. >> up next, more reaction with one lawmaker who was at that hearing.

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>> former president donald trump is still facing threats on his life after today's testimony from local law enforcement, the new report on the secret service's failure to goad threats to raped -- there's still a lot more for the bipartisan tech forced to intact. let's bring in this congressman, a member of the assassination task force and was inside the hearing today. congressman fallon, we noticed threat from iran was alive and with this ahead of the butler p.a. rally. it was not communicated to law enforcement on the ground. income principle to me. a 20-year-old got a clear shot of the president, i want to be

ukrainian soldier got within 50t thereafter. are you convinced within a iranian threat still against president trump that the secret service is prepared for the next 40 days? >> kayleigh, absolutely not. when you look at butler, there were nine different ways in which they could have medicated the threat the building presented. they could've had somebody on the water tower, drones, the camera on the roof, could have put law enforcement on the roof. they could've surrounded the building with local law enforcement. they didn't. they could've cleared the entire complex, had better communications, done walk-throughs with local law enforcement and had one command post. that is egregious, and epic failure. to have a month or so later another serious threat on president trump's life, it is a world of the bizarre. >> we are. another moment was when the fbi briefed her task force. you put up at the fbi shifted the blame, refused to answer

questions, gave no new information, and still won't share key information. why not? you are in congress. >> that's the thing, we are on the task force investigating assassination attempts and they wouldn't tell us the weapon the secret service agent used to shoot at the assailants. they wouldn't tell us how many rounds he shot. a look at them and said "do you think this is some kind of national secret, that beijing will get a leg up on us, because you -- with a pistol that was used by a secret service agent? they are stalling. we still haven't seen the rifle that the shooter and butler u used. absolutely inexcusable. >> it is. contrasting the fbi, i give them props for providing you with information. i've heard from some of your colleagues that he is communicating. he was in leadership when

butler, pennsylvania, -- could he be acting secret service today? >> i have serious questions about that. t speak of the shooting was july 13th. did he visit the site before the hearing? no, not in those nine days. she did not think it was important enough and neither did he. trying to figure out how it happened so it will never happen again. >> confuse weather wasn't senior law enforcement officials, but in the business for a long time, told me there's always a command center. was there not a command center? >> there were to go command p post. that's not what president and protocol called for. the shooter was on the roof for up to 3 minutes. when they saw him, they had

precious seconds to relay that to counter sniper's. he should have never gotten on the roof because it's easier to prevent these things from happening than having to react to them, but those were wasted. this person lost their life because of their terrible inefficiencies. >> congressman, we appreciate again for the answers. the american people would like more. thank you. >> absently, god bless. >> while listening to the fbi stonewalling. this is a member of congress. you were a member of congress. they deserve this information. >> and begs the question. when we look at the failure of the secret service, that this shot went off. it could be incompetence but it begs the question was it intentional? you can't imagine that the secret service is that incompetence. you move from there to the florida golf course, that that shooter was allowed to stay in the bushes for what, 12 hours? and was only spotted moments before donald trump came into range, after the july 13th assassination attempt.

it begs the question why doesn't the secret service care about donald trump's life? i don't think they do. if they would have come clean -- if they did come clean and said the failings of what they did right, what they did wrong and telling congress what happened, it would make sense. the problem is they are stonewalling. i get iran. we should be concerned about iran but the secret service failed to come of the federal stonewalling congress. it is donald trump's life at stake. i think there's a lot more work to be done here and a lot more accountability to be had. when you think they will get answers from the secret service. by the way, congress, love what they are doing. they are not an investigative agency. it's hard for them to do this work. cut their funding. >> sandra, just basic human behavior. if you are leading an agency and your job is protecting protect these -- donald trump -- and you were told there is an iranian threat on this person. if i were kimberly cheatle or

ronald rowe who is acting director now, i would micromanage that situation. i would make sure there's extra protection. >> or mal -- we've been asking why he's not standing about a microphone calling outrage that this has now happened a second time. the former president who we know has a major threat against him. since that day happened in pennsylvania, as news media covering major news events we immediately turned to the major agencies leading the investigations, the major authorities and officials involved. we think we need facts on the ground as fast as possible. we know it is a limited environment at first because they don't want to throw off the investigations, but that did not happen. get dragged on and on. what happens then is it leaves room for speculation. that happened with the american public. they are demanding answers. what happened that day, what were the security failures. they have waited so long that they are outraged. now their big questions over whether or not they can truly

protect the former president as the start against them continues to rise. >> what happens in america if it's a third attempt to lead? >> congressman -- saying he's not up to the task. >> and we know there's a whistle-blower saying, multiple reports that trump had to cancel a wisconsin rally because they said they didn't have the resources. it's very strange. it worries me, this embattled nature, the refusal to answer one of those does not make sense. it's a sign of groupthink. when you gather yourself, you do not hear from outside sources, you have one point of view that is prevailing, you don't consider alternate evidence that they are perhaps -- presence or protection of course is important for everyone running for office, but the other things that the secret service is doing. something internally has collapsed. we are lucky that we are not talking about the assassination

of trump, but i'm terrified to think about what would happen to the country of kamala harris is injured seriously, if trump is killed. we cannot withstand this. >> you were talking about legislation. we obviously know that this bipartisan support for having more protection for all the candidates especially since they are out on the campaign trail, putting up the bullet proof barriers. we have seen that many years ago, enclosed in glass, bullet proof glass. it's sad that that's where we are, but i would disagree on the funding. the reason is to tammy's point when they say they don't have the resources. to me if we cut funding, if we don't make it then it's going to put them out there is bigger targets. current presidents, former

vice president's. >> we pray that secret service leadership rises to the moment the way rank and file have. happening now, appeals court is hearing arguments from donald trump's legal team, urging them to overturn a nearly $500 million verdict against the former president. live update from the court house, plus there is a major hurricane barreling toward florida. fox weather joined us next with the full forecast.

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hurricane. we are tracking it for you. it's currently a category two storm and -- before making landfall. that's expected to happen this evening. meteorologist is keeping track of it for us and has the latest. this is a big one. >> you are right. it as big as far as the power it will bring. it's also big as far as the size of this storm which means a lot of people will be impacted despite the fact of where this ultimately makes landfall. heavy rain across the florida panhandle, portions of the carolinas. we have seen spin of tornadoes. bills will continue as a tornado watches in place. south georgia and portions of the carolinas as well. this is a look at columbia, south carolina, where there is a flash flood warning in place. areas across the entire region where rain is coming down at a heavy rate, despite the fact that this hurricane is spinning out over the gulf.

hurricane-force winds are sitting over the gulf, but everything in the yellow are stopped all my tropical storm force winds. you are seeing those in miami up towards tampa. it's a large storm that ultimately does impact a lot of folks. it makes landfall this evening. that's where you were looking up at hurricane warnings. includes areas like tallahassee and gets close to macon, macon. everything surrounding the hurricane warning. those are tropical storm force warnings. you will still see the heavy rain i've been showing new and significant wind. a lot of folks will be feeling this. the thing about this storm on top of the size is how fast is moving. you are still at 65-mile-an-hour winds by friday morning in atlanta. strong tropical storm moving through atlanta, something they are not used to, which is why the impacts will be felt so widespread. as far as outages come of this rain and wind, we were expecting widespread power outages from jacksonville over towards charleston, atlanta, and a lot of folks will be impacted by this. the landfall this evening, but a

huge area where folks need to pay attention. >> thank you. we will check back in with you shortly. i will be in the weather studio at 2:00 with an update. appeals court in new york city is hearing oral arguments in donald trump's civil fraud case. trump is seeking to overturn a nearly $500 million judgment against him for falsifying business records. bryan llenas is outside of the courthouse live with more. >> a panel of five justices on the appellate court in the courtroom behind me just got done listening to lawyers with former president trump who argued that half a billion dollars civil judgment that was imposed on former president trump, his sons, and the trump organization in february is "grossly excessive and unconstitutional." today's hearing as you can see is being live streamed. the former president is not in court, despite the fact that he will be in new york city today. moments ago, trump's attorney

who successfully argued on behalf of the former president, the u.s. supreme court in that presidential immunity case, made the case today that the enormous penalty is excessive because the allegations are passed the statute of limitations. at stake is a $454 million judgment that trump was ordered to pay. it is a number that has ballooned to $489 million. that's because this judgment is accruing more than $140,000 in interest every day goes on. that's about $1 million added to the sum every nine days. seven months ago, this new york judge found trump was liable both fraud, lying on paperwork, and inflating the value of his real estate assets to secure better deals and loans from insurers and banks. today, the deputy solicitor arguing on behalf of the attorney general letitia james,

argued this was not victimless fraud. impact -- the general market and -- this was brought up by ag chains. they have been arguing this for months because it was a political prosecution. she ran on trying to go after him. the decision from the appellate court will be expected at a later date, they will decide whether to keep the full judgment, overturn it completely, or reduce that half a billion dollars some. >> lower manhattan for us. thank you. kicking things off with a discussion of you, kayleigh, your former boss. your thoughts. >> people should always be suspicious when someone who brings a lawsuit, in this case letitia james, calls someone a con man, carnival barker, campaigns on shining a bright light into every's dark corner of his business dealings. seems like targeting an individual. when asked if a case like this has been brought without a victim, the answer was "while i can't say it has not happened,

i'm not finding examples of arrest conviction for allegedly inflating the value of real estate assets without a victim." they say the victim was the public, but everyone was happy in this arrangement, and if there was a victim, i think we would've heard from them. >> trump's legal team is hopeful here, and they keep touting there's going to be a news conference with former president donald trump himself at 4:30 p.m. eastern time today. >> does justice prevail? the court has an opportunity to look at the case and go "this is politics. the statute of limitations has passed," and there was no vi victim. when donald trump says the properties are worth this much money, the banks or insurers will go and do assessments on the properties themselves to verify what the client potentially cleans. that is what happened to your. this judge reassessed the values of the property with outrageous virtues, like mar-a-lago at $14 million. i hope the court does the right thing. >> trump has made the case that

this is a power grab. is it? >> i don't know, but i'm not surprised they are saying they want to have a news conference, because this court when he said "i want my bill reduced," they did. it's powerful that there are no victims. i think his attorneys have a very strong case for appeal, and based on the former ruling, it might go his way. >> new york benefited from his success as a businessman. the victims are what come to the people who have been hired, but hundreds of people the trump organization employs? the benefit of the profile of new york? his charity work in the state? this is exactly what has made, as we discussed earlier in the show, people suspicious of the justice system. seeing justice and a reversal of this will be helpful. >> thank you for that. coming up, former first lady melania trump sat down for an exclusive and -- interview about the assassination attempts against her husband. >> i think of the events were

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>> kayleigh: former first lady melania trump opening up to "fox & friends" about the

assassination attempts against her husband donald trump eric. >> when i saw it, it was only -- nobody really knew yet. seen on the floor. you don't know what really happened. >> a few weeks later there is another attempt on your husband's life at your golf course. where where you and what was your reaction to this attempt to? >> i was in new york city. i saw it on television. i called again, and he was okay because the secret service were great -- the guys were fant fantastic. i think both of the events were really miracles. if you think about it, july 13th

was a miracle he could not be with us. i think something was watching over him. it is like the country really needs him. >> god bless her. she and her husband have gone through a lot. two assassination attempts. she is staying positive. what happened are miracles. >> she would have a million reasons to step back considering what her family has been put through. it speaks to her strength, her steadiness, and the fact that he very likely, clearly, relies on her, so thank god. talk about a miracle. the nature of the importance of family in the midst of all kinds of trouble gets you through. think out for her. >> she was also asked about the rhetoric out there, and whether turning that down, whether it's one side or the other, could lead to less of this. this is what she said.

>> is a really shocking that all of this violence goes against my husband? especially that we hear the leaders from the opposition party and mainstream media branding him as -- to democracy, calling him vile names. they are fueling a toxic atmosphere and giving power to people who want to do harm to him. this needs to stop. the country needs to unite. >> attacks of narrative. she is spot on. i think the media sees him as this rock-solid man that they can punch, beat up, abuse verbally and make threats to, but what he realizes he is a father. he is a husband. he is a grandfather. i think that's powerful to know that there are truly people who

were being crushed behind the scenes as these attempts are ta --taken on his life. >> what great surrogate for president trump your chi is smart, well-spoken. i think about a member of the biden/harris administration yesterday who said that trump should be extinguished. she went on to clarify that she meant by the vote, but that word is powerful. biden said he does not believe in democracy, has no social redeeming value. that was all just yesterday. i hope they saw this and had a little empathy. >> to that point, current president biden, no longer running his wife's ed farmer in my head, was sitting down on "to view." he tripled down on calling the former president of a democracy. does that help? >> i don't think threat to democracy is violence. i think extinguished and words like that, crosshairs, any reference to violence which we are seeing in the haitian community in ohio from the other

side, going to stop any violent rhetoric. mike. >> thank you very much. i'm going to run up here. we have got judge jeanine, brian kilmeade, joe joe -- i will go to check this hurricane. more in a moment.

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>> a lot of news this hour and still more to come as we will hear from former president trump. he is set to speak this afternoon. that's while that civil fraud judgment is undergoing an appeal as we speak. that case being made. also, as we're learning about the failures of secret service leadership and the threats on president trump's life from iran. tune in at 4:30 p.m. eastern time, president trump will be holding a press conference from trump tower. thanks to everyone. don't forget to dvr the show but for now america reports. ♪ >> this case involves a clear-cut violation of the statute of limitations, and the law of the case