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>> dana: oping statements are underway in the laken riley murder trial. the prosecution laying out the evidence in harrowing detail. you haven't heard these things before. the illegal immigrant is in court listening to all of us, we're following that breaking news as it happens. there is also this. texas is bracing for a potential surge of migrants across the southern border as smugglers tell them to rush across now before president-elect trump can make good on his promise to lock it down. i'm dana perino. bill hemmer is off today. shannon, i bet the cartels will raise the price, too. >> shannon: they are listening and watching and aware of our political situation and have been for months. we'll talk how it all matters. good to be with you on this friday giving bill a day off. this is coming up, too. texas state troopers, national guard soldiers are on high alert trying to secure the border.

many migrants see this as their last chance trying to get across knowing the days of a so-called open border are numbered. the presidential inauguration 66 days away. from the halls of congress to the lone star state republican law makesers are getting ready to end the border crisis for good. the latest border efforts in eagle pass, texas, hello, brooke. >> hi. the main thing that i'm seeing out here is more people on the ground. as you mentioned dps hoping this will stop migrants who think this is their last chance to cross the border before trump is in office in january. there will be stricter immigration laws in place. we got to see this firsthand troopers right now have been conducting these mass immigration response exercises along the border. ramping up the presence of troopers in areas known for heavy border crossings. this is a program that started back in 2021. during those massive haitian

influx in del rio. not just eagle pass bun unfolding this places like brownsville and el paso. hundreds of migrants seen heading north hoping to eventually cross into the u.s. before their window of opportunity closes. >> the whole purpose is to prevent a surge of potential mass migration when they see a show of force and when they see all police guards and national guard forces it is a deterrent. it won't be catch and release. you will be apprehended and deported back. >> dps also concerned that smugglers are going to try to exploit the fear of migrants wanting to get in before trump takes office. this is last week in hid all go county. people smuggled across the rio grande. dana mentioned in the beginning those cartels. one of the major struggles right now that troopers are facing that i have seen firsthand is

the the mexican cartels have been using drones that will fly on the border at night during the day and basically looking for windows of opportunity where they could smuggle in people and also drugs. that is something they also have to pay really close attention to. >> shannon: the use of that technology. brooke, thank you very much. we'll check back with you. dana. >> dana: we're going to dip back into this prosecution still presenting its opening. >> people who met other people associated with this phone who had used the phone to message people. and so while the phone was there, that's true. it doesn't show that mr. ibarra was there. you will hear that mr. ibarra's fingerprint was on laken riley's phone but you will also hear he was wearing gloves supposedly.

and that this hole that was supposedly in the gloves that they found would not have left that mark. you will hear that someone in that video, in the so-called dumpster video, was wearing an adidas hat. that's true. when they find that hat and specifically the hat that was tested in this case, it was worn by diego ibarra, not jose. and you will also hear -- and the state will ask you to consider different types of forensic evidence and to suspend

your understanding of how that evidence is evaluated because while they will say that mr. ibarra's dna was present at the scene, what they will tell you is that without this software that we can't test, this proprietary software used by the gbi, without that their expert wouldn't have been able to say whose dna it was. she wouldn't have been qualified to testify about whose dna that is. so they have to use a machine. and they will ask you to trust that machine where the human being isn't good enough. but with this fingerprint, they will ask you to trust a person

because a machine isn't good enough. when they run those fingerprints through the database of fingerprints where they know mr. ibarra's fingerprint is, it doesn't come up. and so while machine is -- >> dana: this is the defense attorney kirby. we said at the beginning of this trial it will move very quickly and it is. we didn't have jury selection because the judge will be the one making the decision. we wanted to bring in bill melugin live from palm beach this morning. west palm beach. bill melugin, you covered this story from the beginning. you probably knew a lot of this but there are some harrowing details that are really coming to us, to shannon and i and kerri are talking about knowing ibarra's fingerprint was on her phone, you kind of imagine that and we've been saying the system failed this young woman and we would love to get your

perspective as someone who has covered this from the beginning. >> dana, it was really hard to listen to that opening statement from the prosecutor. the condition that laken riley's body was found and the fact her garmin watched tracked the moment her heart stopped. i can only imagine being her family. i think this just shows why we as a network made it such a priority to cover the border so much these last few years. these mass catch and release policies have consequences, real world consequences that affect real people. particularly when it comes to the mass catch and release of venezuelan men. how many live shots were we doing together in 2022, 2023 hundreds of them in eagle pass, el paso, watching these lines of hundred upon hundreds of venezuelan men just walking into the country single file every day not running, not hiding,

very nonchalant. they would be released into the country. you can't vet venezuelan men. venezuela does not cooperate with the u.s. no database or records to run their names against. what you are listening to right now with this horrible case with laken riley unfortunately is not on isolated incident. what happened a few months later. jocelyn nungaray was murdered in houston, a 12-year-old girl allegedly sexually assaulted and murdered at the hands of two venezuelan illegal aliens caught and released at the texas border just weeks prior. sound familiar? unfortunately it is happening all over the country, whether it's tren de aragua, migrant crime happening in different cities across the country. the idea what happens at the border stays at the border ended a long time ago. you look at rachel morin, she was murdered in maryland. you look at laken riley that happened in georgia. jocelyn nungaray was in houston.

these catch and release policies affect the entire country and say what you want about donald trump and the way he campaigns but at his rallies he wasn't bringing celebrities up on stage. who was he bringing up? jocelyn nungaray and rachel morin's mom. real people who suffered horrible, horrible, horrible consequences as a result of these catch and release policies. send it back to you. >> dana: it is interesting to imagine that you actually could have been standing right there or griff jenkins could have been reporting to us on live shots as we watched people just stream across and it's certainly possible that we were down there when he crossed over and before he came to new york. bill melugin. thank you so much. mary katharine ham is host of the podcast getting hammered. southern border, migrants encounters versus migrants released with notice to appear and encounters over 2 million and released 1.3 million.

we know this suspect's story, mary, an american woman and the mother of two young girls i wonder how you think about the overall policy choices that biden made in the last four years listening to this. >> the numbers are pretty astounding. i appreciate bill and griff being at the border and doing hard work covering this. it is hard to get perspective on these numbers unless you are there all the time and really tracking it. i appreciate the work they do. my heart goes out to laken riley's family and friends. i ran that exact trail countless times in college and to think about the fact she was attacked in this gruesome way and no longer with us has an impact on mothers and fathers across this country. they see these incidents. they are not isolated as bill points out. they are worried because things have gotten out of control and so much of border control and

setting a tone is the fact that you can be a deterrent just by saying we're going to do this differently and why you see the concern about a surge now is because they know who the new boss is. everyone knows who the new boss is, coyotes, folks coming across, people inside the country want to commit crimes the road won't be as smooth in the future. trump himself and homan can be a deterrent and show of force at the border can be a deterrent. biden gave deterrence away. >> shannon: as we were listening to the defense opening arguments we heard the reference to his brothers who are also in the country and diego had miss own legal issues and started questioning the dna evidence. those are things a jury won't have as much fluency in that. a judge is. he has heard this stuff before and dna in trials before. this case is going to the judge. uphill battle for the defense.

the strategy will be it might have been one of the other guys potentially. you have to entertain that. >> well, in this trial certainly he can consider that. i would suggest the public is going to hear all of these guys were here when they shouldn't have been and given extra chances when they shouldn't have been. they will look at it differently in a public sense than the judge in the trial. there is significant evidence they will be presenting to him. i think that when it comes to how people evaluate policy, deportations of criminal illegal aliens is not going to be unpopular. news for the left. it will be something that many people are fine with and they are going to be happy if violent criminals are sent back home and gotten out of the country and trump has made a promise to do that. tom homan did it in the past under obama. he might even hit obama numbers of 2.5 to 3 million deportations.

it's what obama did under his years and people will feel better that there is a sense of control if even that happens. >> dana: thank you for joining us this morning and we'll continue to follow it as the trial continues. the defense just wrapped up. thanks, mary kathryn. robert f. kennedy, jr. tapped for health secretary. dr. marc siegel is here next with what it means for your health.

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>> dana: second trump administration looking to shake up the justice department. tapping defense attorneys who fended off jack smith for top jobs at the agency. it comes just after his controversial nomination of matt gaetz for attorney general. david spunt live in washington

with the latest. >> todd blanch fought against jack smith and if confirmed he will run the day-to-day operations of the same justice as the deputy attorney general. another one has the president elect to be number three at the d.o.j. allies of matt gaetz possible attorney general to be matt gaetz are coming to his defense while he fights off attacks from both sides of the aisle. trump aide stephen miller says if you are more upset about nominating a reformer to clean up d.o.j., essentially you are pinch-hitting for the bad guys. fox news has told gaetz was working the phones yesterday and is expected to do it today to try to secure as many votes as possible. he needs a simple majority of those present to officially be confirmed as the next attorney general. >> he can't get across the finish line and we'll spend a lot of political capital.

i say we, a lot of people will spend a lot of political capital something if you got done you would wonder if it was worth it. >> he was the subject of an allegation of sex trafficking. the department dropped the probe and did not file any charges. gaetz denies any wrongdoing and the subject of a house ethics probe looking into similar allegations but that will no longer be released publicly by the committee since he resigned from congress. in addition to the justice department, mr. gaetz would oversee agencies like the f.b.i., a.t.f. drug enforcement administration known at d.e.a. 115,000 employees many who worked in republican and democrat administrations and gaetz would be the boss of all of them. dana. >> dana: david spunt, thank you. >> thank you. >> today i nominated him for, i guess, if you like health, it would be like people that live a long time it is the most important position. rfk junior, bobby. we want you to come up with

things and ideas and what you've been talking about for a long time and i think you'll do some unbelieve ashley things. nobody will be able to do it like you. >> shannon: president-elect trump again now is nominating robert f. kennedy, jr. as health secretary. he posted on x yesterday together we'll clean up corruption, stop the revolving door between industry government and our health agencies to health-based science. fox news medical analyst marc siegel is here. good to see you, doctor. >> great to see you, good morning. >> shannon: let's talk about this nomination. it won't be without its controversies and the senate battle on confirmation is a different story. let's talk about how we got here. i hear from a lot of suburban women, moms who say they like his message and they want to know what can be done from a government perspective to make them and their kids healthier.

>> i've been talking to one of the top fda lawyers in the country somewhat off the record over the last few days and i'm convinced a lot of ideas being shown here spotlight on issues regarding the fda are quite valid. for example, you get a drug that's created by a startup, a small company and phase three trials it ends up in big pharma buying the company and big lobbies put pressure on the fda to approve it quickly. now, there is a lot of great scientists at the fda for sure. one of the best just retired. it doesn't mean it isn't going on. secondly, a lot of workers in the federal government fda are working from home. they may not have the meetings that they had before. that is disturbing. the most disturbing thing of all that he could really address is the issue of food. remember, the f in fda is food and loaded with ultra processed

foods and one of the things he has been talking about. 73% of the food on our store shelves is ultra processed meaning it is loaded with salt, sugar, high fructose corn syrup, seed oils. the very things that lead to obesity, high blood pressure, heart disease and diabetes and cancer that i end up treating. if we can shift our focus to keeping people healthier and getting them to lose weight and exercise and sleep better before they ever see a doctor i think that would be going in the right direction. there is a lot of ifs there but i like the attention being paid. >> shannon: dr. dana flagged a piece out of the "new york times" this morning showed 75% of americans are overweight or obese. skyrocketing since the 90s. here is what he told me when we talked about this on "fox news sunday." >> when my uncle was president,

shannon, only 6% of americans had chronic disease. today over 60% do. it's hard to find a kid today that has not been damaged by it coming from our food supply, from pollution in our environment and toxins in our environment and mainly from corruption in our government that allows that to happen. >> shannon: cdc says kids have with at least one chronic health condition 40% of them. doctor, how did we get here and can rfk junior do anything to turn the numbers around? >> well look, i that i some of the issue is the ability to diagnose. that certainly helps. and we have treatments that we didn't have before that we can offer kids that are sick. that's good. and things like stat-in drugs, and now the rage on ozempic, that's given us tools we didn't have before. vaccines.

let me say i agree with his point that all of the toxins in the environment and foods is leading to a situation where kids are obese and they get sick a lot quicker than they used to before. that's something we really have to focus on. i'm agreeing with that. why that is happening is really interesting. when i said sick care system let me explain that. insurance companies do better if you pay a higher premium thinking oh oh, one day i'll be obese and get sick. that's the heart of the problem. we have a government insurance complex that favors disease rather than health. >> shannon: there are a lot of conversations americans are ready to have and we all want to feel better and want kids and families to be better, too. thank you very much. always good to see you. >> great to see you, shannon, thank you. >> like the people in congress, mike, i'm sorry. don't worry about it, mike, just relax, just relax. >> dana: president trump tapping more house republicans for his administration.

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>> shannon: republicans forced to thread the needle in the house. projected majority will be slim. and president-elect trump continues to poach members for his cabinet. chad pergram has all the details from capitol hill. hi, chad. >> good morning. pulling so many people from the house for the trump administration is dwindling the gop's majority. mike johnson urged the incoming president to put on the brakes because it creates governing head aches. >> a lodges particular chess match when they have to do a certain vote if we're at a one-seat majority. there will be logistics involved but nothing more than logistical piece. confident those seats would still go to republicans. it will be a timing effect. >> republicans hope they can fill the open seat of attorney

general nominee matt gaetz via a special election in a matter of weeks. he resigned yesterday but other openings could take months. a small majority ham strung house republicans over the past two years when it came to governing. democrats are watching to see how the gop performs. >> this is a deeply divided republican party. unified now by their victory but we'll see how long it lasts. their deep philosophical and procedural differences within the republican party we saw repeatedly in the last congress. >> republicans will have 53 senate seats but party unity is not guaranteed. new senate majority leader john thune is leaving open the possibility of recess appointments. a way to install some of the most controversial nominees. however, that has its own set of challenges. >> it's an option but obviously it takes -- you have to have all

republicans vote to recess as well. so the same republicans that you mentioned that might have a problem voting for somebody under regular order probably also have a problem voting to put the senate in recess. you need concurrence from the house. >> they also must fill the senate seat of marco rubio if confirmed as secretary of state. rubio's nomination is among the least controversial. shannon. >> shannon: we'll bug you a lot about questions about recess appointments. >> dana: i think he likes being bugged. as we just heard from chad, senate leadership is strategizing how to confirm president-elect trump's cabinet. some nominees could face an uphill battle. guy benson. one of the things you have the majority at 53 senators once pennsylvania is done. you could get all of these people through conceivably. president trump floated the week before that he wanted them to think about recess appointments. those might not be necessary,

guy. >> right. so president trump won decisively and has a mandate. he has wide latitude to pick his people. i think he will have a very high batting average on that front. the 100 senators all independently elected have a constitutional duty and role to advise and consent on presidential nominations. as chad pointed out, as you pointed out, republicans have 53 seats. the pennsylvania state is won by the republicans. dave mccormick is the victor there. it gives them breathing room. it won't be a factor to talk about knee jerks reflexive partisan opposition. if every democrat voted no on every nomination because the democrats ended the filibuster during the nominations they are powerless here. the only way under regular order a nominee would be in real trouble or defeated is if four or more republican senators

agree with the democrats or agree there is a problem here. so i think those senators, every one of them, has a job to do and that process absolutely should play out. >> dana: i love having you on the show. we'll go back to the trial now. thank you. >> shannon: testimony underway in the laken railey murder trial in georgia. one of her roommates is testifying now and you heard earlier in the opening statement by the prosecutor that these were the first folks to realize there was a problem. they mobilized and used find my phone to try to track and see where she was when she did not come back and they found one of her air pods. able to alert authorities and she has now taken the stand. let's listen in. >> the direction and where were when you found the air pod? >> so we started here and then right about here.

>> at the end of the sidewalk. >> sidewalk. we got to the sidewalk and the train tracks right here and a little like trail that -- and we went down the trail and then across the train tracks and walked this. >> around the retaining pond. >> around the retaining pond. >> all right. you may stand with the court's permission. >> yes. >> keep your voice up so the court reporter can hear you. >> so we walked here and the main trail starts and we got over here. there is like a turn and we took the curve and stopped right there. >> and when you say there, is there a trail there? >> yes, ma'am. >> on the top right part. for the record i'm making a record. where within the trail or the side of the trail, the middle of

the trail, where in the trail did you find the air pod? >> the ear pod was toward the left hand side but still on the trail. >> showing you first of all, how did you find the air pod? >> -- was missing a lot. i looked down because he was fixated over an area where i had stopped and he was pulling. when i looked over i noticed there was a white air pod. >> exhibit 7. what are we looking at there and can you see the air pod? >> yes. >> can you point to it for the court? >> right here. yes, ma'am. that's where i found the air pod or where it was when we got it. >> this is exhibit 6. first of all, did we see champ in state exhibit 6? >> he is right here. >> at the left corner of the

photograph. if you could use state's exhibit 6 show us within the trail where you found the air pod. >> it was about right here. >> where a shadow of a person? >> yeah, my shadow. >> okay. thank you. while out there, did you see laken? >> no. >> when you found the air pod, did you look at it? >> yes, ma'am, i did. >> did you think it was laken's? >> i did. >> why did you think it was her air pod? >> she had a little bit more lacks on her air pad and i noticed that. >> did she have -- what color were her air pods? >> they were white. >> so did you collect it? >> yes, ma'am, i did. >> did you eventually give it to the police? >> yes, ma'am, i did. >> may i approach the witness,

your honor? >> yes. >> i hand you what has been marked for identification purposes state's exhibit 8. i will just ask you to look inside that and ask you a series of questions. >> okay. >> look inside that bag. do you recognize what is in there? >> yes. her air pods. >> is that the one that you gave to the university police department and picked up? the same or essentially same condition? >> yes. >> state move to inteenter stat exhibit 8. >> just one.

>> after you found the air pod, what did you do? >> i took the pictures first just to remember and at that point i picked it up and i turned over to lily and said we would walk back to call the police because we both didn't have service. >> did you do that? >> yes, ma'am, we did. >> where did you go after the police were called? >> i went to pick up my roommate, connolly, from her class and then i met lily with connolly at the field deck. >> that's the police response? >> yes. >> did you tell them the information you had gathered? >> yes, ma'am. >> did you receive any text messages, any calls or any communication with laken riley after 9:03:00 a.m. on the 22ened

day of february, 2024? >> no, my last text from her was at 9:02. >> may a moment with counsel, your honor? i don't have any further questions. >> can she be excused? >> 10-minute recess. >> shannon: we've been listening to testimony from one of laken riley's roommates who, dana, it is fascinating to hear in that opening statement how they took action. they were the first detectives to say something is wrong, she is not back. let's use our technology to try

to triangulate what she is and that really got this whole case going. >> dana: i thought it was very interesting, too. i wonder would i have had the same instinct to go immediately or to have waited? and this has been a very compelling opening to this trial, shannon. we continue to follow the news. they are taking a quick recess and we will as well. veteran homeowners, car payments are getting out of control. get a newday 100 va cash out loan at lower mortgage rates to pay off those high rate car loans. want a next level clean? swish with the whoa of listerine. it kills 99.9% of bad breath germs for five times more cleaning power than brushing and flossing alone. get a next level clean... ahhhhh with listerine. feel the whoa! have you compared your medicare plan recently? with ehealth, you can compare medicare plans side by side for free. so we invited people to give ehealth a try and discover

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>> the effects could be huge. with the prediction of a major power shift to the right coming to the electoral college. joining us now fox news contributor steve hilton. good to see you, steve. >> great to be with you, shannon. from california where people are leaving in droves the exodus has been going on for years and looks like it is continuing. >> shannon: that's the question. you have people leaving many times because they are conservative and want to go tore a more red leaning state and more populations for the states. you have a number of blue states being pumped up in part by people who have migrated to the country and here illegally or not. what do we make about the shifts and how they may effect the electoral college next time around? >> it has already affected

california's representation in congress. we've already lost one congressional -- one house seat because of the population shifts and projection is that we'll lose four or five if they continues. other states as well. you see it in new york and illinois. the number of people running away from the california model, the blue state model really which has been exported across the country. a terrible combination of high taxes, regulations that make it impossible to run a business and climate extremism the raises the cost of everything especially housing. this is what is so ironic of kamala harris making housing a big thing at the start of her failed campaign is it is democrat policies that are causing the housing crisis. environmental regulations and labor regulations and taxes. people can't afford to live in blue states. that's why they are leaving. it will have a big effect on the electoral college unless they massively change course. i don't see any sign of that.

the real answer is to stop the exodus you have to elect republicans in the blue states. >> shannon: i don't know if any of the folks in those blue states who lean to the left will be happy about the theory. once the census takes place in 2030 the numbers could shift and people who don't like the electoral college and haven't may like it better. steve hilton, thank you very much. always great to hear from you. >> dana: funny how that works. well, get this story. thousands of children are living in foster care across the nation and that's why one arkansas woman opened her home and her heart and became a parent. get to talk to her next. hey little bear bear. ♪ ♪ ♪ i'm gonna love you forever ♪ ♪ ♪ c'mon, bear. ♪ ♪ ♪ you don't...you don't have to worry... ♪

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>> dana: here is a heartwarming story of the day or weekend. november is national adoption month. spotlight to kids still waiting for their forever homes and the people impacted by adoption in this country. we want to share the story of hannah gentry who adopted her daughter and became a single mom learning about the need for care in her home state of arkansas. she and her daughter join me now. hannah and layla, welcome to the program. what i thought was interesting learning about your story, in 2022 you felt called to try to take care of somebody and you were thinking this might be impossible for a single parent in order to do this. that wasn't true. you said the process was lengthy but it wasn't difficult. can you describe that? >> yes, in arkansas and i think in most states across the u.s.

it is no different. the process of adopting from foster care and getting licensed and approved as a family. so i just contacted my local agency and got the process started. >> dana: so you started babysitting layla. that's how you met? >> yes. i was open and approved waiting to be matched with a waiting child. i was expecting an older child because that was the greatest need in my area. and i met layla through a family in my church. she wasn't waiting. and then a few months later suddenly she was. >> dana: she had been in foster care for over 800 days? >> yes, by the time our adoption was final it was over 800 days. >> dana: wow, layla, are you having fun being on tv? >> now the cat has your tongue. she was very talkative before. so hannah, how has this changed

your life? quite dramatically. >> yes, quite dramatically. i'm a first-time mom, single. i was thrown in not to a newborn where i could grow with her but to a 2 1/2 to 3-year-old. so it has been quite a learning curve. >> dana: she is in school and how is she doing? >> she is doing really well. she loves school, don't you? you love school and she is thriving and as you can see she doesn't meet a stranger and she is a clown and she likes to be the center of attention. we really have been embraced by our community and have a strong family and community support system and they have just loved her so well and it has been such a great thing for me to see and to realize how much i needed that. >> dana: and you needed it, too. >> yes, i did. i did. she has brought something into my life i didn't know i was missing. i think most parents would say. it has been -- there is such an

incredible need. i couldn't ignore that fact. i could not ignore the fact there was a great need. >> dana: layla, do you know we'll play this video for you at your wedding and we are going to tease you mercilessly? layla, do you want to say anything before i ask your mom a final question? >> hi. >> dana: yes, we are in love with you and that is for sure. hannah, for those watching here who are thinking maybe i could take the plunge, how do you take the first step if you want to do it? >> i would suggest doing a quick search online for your local agencies in the state where you are. even if you can't adopt or foster, if you feel like that's not something you can do right now, you can -- there are plenty of ways you can serve. i would encourage you there are 100,000 kids waiting for adoption across the u.s., 3200 in my state alone and there is

something you can do. >> dana: i love it. we have hearts coming out of that. she is something else, this girl. i think i have to get to meet her one day. congratulations to you both. beautiful family. take care. have a good weekend. go have fun at your friend's house, layla. >> okay, we will. thank you. bye-bye. >> dana: a beautiful story and november national adoption month. we try to shine a light on that. >> shannon: i love it. my mom is adopted. my best friend is adopted. you are a big advocate, i am, too. mama and daughter, sweet family. house speaker mike johnson will be on "fox news sunday." great to be with you today. >> dana: thank you so much. you know where i'll be on sunday morning watching you and sending you text messages. have a great weekend. "the faulkner focus" is next. >> harris: the trial of the illegal immigran