people watched the former president go there and get booked and get a mug shot, you can make that argument. when will democrats learn, they haven't learned on the immigration issue, clearly haven't learned on the transgender issue, we are just discussing, and they haven't learned on lawfare otherwise this case would be dismissed. >> emily: i will say this that now i am reading this, i take back what i said. the people intend to oppose motion to dismiss. we intend to oppose it vigorously. this is absolutely ridiculous. >> harris: and the backdrop to all of this is biden legacy pointing his way out of office for 62 days by starting a wider war potentially unlikely depending on how things go with ukraine using our weapons and our advisors to hit inside russia. that's what's facing us ahead. we need a president who can do with the people elected him to do. more on this coming up. "america reports" now. he's a musical. >> john: harris, thank you so much. breaking news this afternoon, it looks like the cannas being

kicked down the road yet again in judge merchan's court with no decision on the immunity of the president of the united states and no decision yet on whether or not to dismiss this case in its entirety. sandra, the prosecution, alvin bragg's office, is merely saying they are going to agree to a stay in this case, while trump files a motion to dismiss. they are not against sentencing not happening today, but they are reserving the right and they are making the suggestion, let's put everything on hold until he's out of office, and then we'll go after him again. >> sandra: right, just to reiterate the point that the judge has not agreed to this yet. but the prosecution has agreed to delay the sentencing. that's the news right now. we're just getting in the filing from manhattan d.a.'s office. to judge merchan. and i believe kerri urbahn has that in hand right now, john peered. >> john: yeah, let's get kerri. kerri, it's on page 2 of alvin bragg's letter to

judge merchan, where they say, consideration must be given various nondismissal options that may address any concerns raised by the post-trial to criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of the defendant's upcoming presidential term. they are not letting this thing go. >> yeah, let me make this a simple as possible peered what bragg's office is saying here is let's drag this out for as long as we possibly can -- >> john: four years! >> president or not, which i think is quite something considering, as you just said, the will of the people is pretty clear. lawfare didn't work. donald trump was reelected and he was resoundingly. but are we that surprised? think about it. one of the top officials at the department of justice left that prime spot, took an incredible job downgrade to work for a local prosecutor here in the state of new york, why? because he wanted very much to

finally get trump. they did, and they are not willing to let that go, and that is what their filing is all about that we just received. >> sandra: okay, so when do you expect we are going to hear from the judge? >> we can hear from the judge at any point. i would note that in this request, they've asked the judge to set a hearing for trump's request, motion to dismissobvios are asking for the case to be thrown out altogether. they've asked for a hearing to be set on that. but they did say we plan to oppose that motion to dismiss and they are asking for that to happen in a few weeks, and in the meantime to stay the proceedings, meaning that sentencing for now is off the table as they proceed forward with this request from the trump team to get rid of the case altogether. >> john: when you look at this in its totality, you had a misdemeanor here that was bootstrapped into a felony through various suspect legal

process. you've got the president being reelected with more votes than any republican has ever received before. 76.5 million votes. and now you have alvin bragg's office saying we are willing to wait for years to sentence him. do you really think that is what the american people want? >> i don't even know how long they are willing to go because they know the immunity question still has to be fleshed out. there are a lot of things. because of that decision there are certain pieces of evidence that were introduced during the business records trial that are probably inadmissible now, which is quite a heck of a job to unravel all of that, so that could take so quite some time. that's just on that. what they are saying is hey, we will wait as long as we need to. let's keep going forward with this. we have delay because the guy happened to become president in the meantime, fine with us but we want to move forward. >> sandra: okay, just reading directly from the manhattan d.a.

offices filing, which we know the judge said was due today, so here we are, says trump's forthcoming presidency is not grounds for dropping a case that was already tried. it reads "but given the need to balance competing constitutional interests, consideration must be given." this is the prosecutors in this case. "to potentially freezing the case until after he is out of office. >> yeah, but sandra, look at the rest of that sentence -- >> sandra: i am now. >> look at what the options are they are suggesting, such as not let's just take this case off the table because that is what the department of justice and everybody else seems to be doing, but let's just defer all criminal proceedings until after the end of the defendant donald trump's upcoming presidential term. meaning let's have this hanging over his head for the next five years. we are completely good with that. this is quite something. >> john: so, i mean, judge merchan is no fan of

donald trump. that's pretty clear. but i'm sure he's a fan of the law. when you take a look at the supreme court, ruling on immunity, when you take a look at the fact he is about to be inaugurated the 47th president of the united states, when you take a look at the fact that four years will go by before he is sentenced on what every legal expert we have ever talked to says are bogus trumped up charges, is that something that merchan you think is going to agree to? >> so look, juan merchan, i think we know at this point, is a political animal, and we know that because he donated to joe biden in 2020 despite the fact that trump cases were pending before him. he didn't care about the appearance of fairness there appeared my only point -- pointing that out, again, clearly this man thinks about politics. i have said all along that he has a couple of off ramps. he should take them. because otherwise he is going to be an outlier clinging on to dear life for a case, as you

said, john, that is a real problem. and he will be the only one out there. it's interesting to see how he responds to this. i suspect, though, he will go forward with a hearing for the motion to dismiss and we will find out more in a few weeks from now. >> sandra: go-ahead, john. >> john: if you are a political animal and your goal is to keep trump from coming president, you failed at that, so what is the political upside in continuing? >> and does he want to be responsible for the republicans winning again in 2028? because that is what lawfare did a few weeks ago. so i would imagine he is considering all of this. >> sandra: okay, kerri, if you could standby with us on the breaking news, i want to bring in judge jeanine pirro, cohost of "the five." judge, jump on in here. as i read further from the letter, prosecutors telling the judge in the case they are mindful of the demands and obligations of the presidency and realize trump returns the white house will "raise unprecedented legal questions," your reaction to the news? >> well, i think it is absurd, and i think that juan merchan

was originally, in my mind, april prosecution judge. now one where is anti-trump judge. there is suspicion basis to dismiss this case, but instead juan merchan, who was conflicted from the beginnif this and should never have been allowed to handle this case, plenty of administered of judge on the courts, was allowed to handle this case. he gets a conviction on an absurd case that's not real, it's a make-believe case, barred by the statute of limitations, bootstrapped by a federal crime over which he has no jurisdiction, and then with a verdict sheet that no one understands, and now he says look, i'm willing to wait the four years so we can continue to have donald trump, the president of the united states, be awaiting sentences on his conviction for 34 felony counts that are ridiculous, absurd, and everyone knows it. now you've got bragg who is saying, you know, we want to

continue this thing, so wonder sean now has to have a hearing to decide whether or not those arguments of bragg are appropriate to continue this case. the supreme court's decision within a month of the conviction, and again, there is no conviction unless and until there is a sentencing, that decision reels right into this case because so much of this case was part of the oval oval office, hope hicks, madeleine westerhout, so much of that evidence the prosecution admitted was essential to their case goes out immediately based upon the supreme court's decision. now let's talk about the fact that there is a 3330 motion for dismissal of the charges, which merchan could grant immediately by establishing some kind of precedent saying you know what? from now on, when there is a president in the oval office, irrespective of the jury verdict came down, the case has to be

dismissed. and, you know, temporary immunity, according to alvin bragg, you know, doesn't require dismissal posttrial. i mean, this is so full of hate. this is so out of sync with the american public and what they want. alvin bragg, juan merchan, the two of them brought donald trump, they thought, to his knees. they thought that they would put this man in jail. they thought they were heroes and would swing an election. they are one of the reasons that donald trump got elected because the american people do not believe in this kind of justice. this is what happens in third world countries. and alvin bragg continues to prove it, and juan merchan right now doesn't have the spine, he doesn't know what he's going to do, but right now they want a hearing. they will have a hearing. they want a motion scheduled, alvin bragg, to decide the motion to dismiss. so bragg is now putting it on

merchan but is opposing it. >> john: here is the great, i don't know if you want to call it an irony or tragedy or what you want to call it, judge, but you have a district attorney in alvin bragg who was willing to wait for years for some sentenced to come down on donald trump, it could be anything from a find to who knows what, while at the same time the justice system in new york let walk on the streets a homeless man is mentally ill, who stabbed to death three people in the big apple yesterday. >> three, yep, look. look, i am standing in front of 100 centre street. i am in front of the courthouse right now where donald trump was tried. and one of the defense attorneys came up to me, he said, you know what, i'm not a republican, he said, but what they did in that trump case is absurd. he said at that ten clients whose crimes were committed, allegedly, he said, before this trump case, he said we can't even get them to trial, we can't even get the d.a. to talk about

it. they rushed this case for the purpose of destroying donald trump, and the american people wouldn't have it, and this case has to be dismissed. it is a violation of everything we hold dear. it's unconstitutional. it is insufficient in terms of evidence, and it is reversible error. there is enough error in this case to reverse a ship. >> sandra: it appears bragg signed this filing himself which is noted as a departure from the office is typical practice. judge, if you could also standby with us on the breaking news we would appreciate it, thank you. john? >> john: andy mccarthy, former assistant u.s. attorney and a fox news contributor. so if all of this lawfare was designed to take donald trump to the point where nobody would vote for him, that task failed miserably, or that strategy failed miserably because the president so far is closing in on 77 million popular votes. so, i mean, if he failed at that, why would you draw out the

failure by saying we are willing to wait until january of 2029 to try to pronounce sentence on h him? >> john, respectfully, i think you are making everyone's interest here monolithic, and i don't think they are. the new york democrats have a different set of interests than the national democrats do. no one has been a bigger critic of lawfare than i have, and i do think it was a flop, i think it was counterproductive, i think it helped get president trump elected, but you can't say that in new york and manhattan kamala harris won by 65 points. there was a report that came out in the last couple of days that says that bragg, who is an elected official, not an appointed official, is the favorite to be reelected. he ran on going after trump. he's gone after trump, and the voters and manhattan are likely to reward him for that. so if it was a failure at the national level, that's one thing. for progressive democrats in

new york, they like the prosecution of donald trump. i don't think it is deterring bragg at all. >> sandra: so how should we be looking at this, andy? >> well, you know, look, it's an unprecedented, complicated situation. being president, every single court including the supreme court says the president is not above the law, right? so the idea the case should be dismissed because he's president, and mind you, i am someone who thinks that the case should be thrown out because i think there were 100 errors in the trial that are worthy, anyone of them, of having this reversed on appeal, but being president is not a defense. and the most he would get out of that if you are just going to be strictly technically legal aboug should be suspended while he is in office. because otherwise what you are taking the position of is that the mere fact of his being president means that he is

untouchable by the criminal law, which as a constitutional proposition just isn't right. now i totally agree that under the facts of this case it makes no sense to me in terms of public resources and common sense that you would freeze the case for four years and then pick it up at the point that it's at now and donald trump would be like 82, 83 years old, a twice-elected american president, hopefully coming off a good term in office, and then a prosecutor would pick up this case, that seems absurd to me. but it also seems absurd to me to say the fact that he's president as a matter of law would trigger the dismissal of the case i think is an act of prosecutorial discretion. it ought to be dismissed, but i think we also have to remember we're dealing dealing with political actors. bragg is not an appointed prosecutor like we have in the federal system. he's an elected prosecutor, and this case is good for him, even

if nationally is not good for democrats. >> john: i was just going to say, but even if you are dealing with political actors here, is it in the people's interest to drag this thing out for five years? >> which people, john? the people in manhattan? >> john: anybody. >> that's why they are electing bragg. >> sandra: kerri's turn to jump in here. >> i don't think that you are asking if i think it is in the national interest. no, i don't to get is in the national interest. but i'm trying to deal with the fact that we are dealing with a local manhattan prosecutor for whom this is political gold. and who the most recent reports say is likely to be reelected, probably because of this case peered. >> sandra: go on, kerri. >> here is a political exercise for the group. let's play this out. let's say they stay the proceedings, the sentencing, until after donald trump finishes his time as president. we are going to be in a different climate then.

people typically get frustrated with a president by the end of their term, right? that's just the way it works. that's american history, that's american politics. right now, for instance, i think there is a lot of pressure on merchan to let trump off the affine or community service or something very simple. my question and my concern is if this sentencing say is held and the proceedings are stayed until after the election, does that give political cover, and maybe even some ammunition, to go harder on donald trump than they would otherwise because people, the sentiment may be different at that point. and this is more of an abstract question, something i am thinking through right now, but there are a lot of problems, not just legally but just for the good of the country in staying this until after donald trump finishes his time as president.

>> john: well, that's what the prosecutor's office is saying, but again, i'm just wondering, judge, go ahead here, i will hold my thought. >> yeah. guys? >> john: yeah, go ahead, judge. >> okay, good. look, this is what merchan could do. merchan could dismiss the case based on the department of justice doctrine, immunity, citing the fact that the case would interfere with the ability to perform the executive function of the president, noting that even though it is a state case, "outnumbered" could use this as a basis and extend the doctrine to the state. that would establish precedent and that would be for the benefit of the country, and you know what, andy mccarthy is right. we are in new york city. i ran for election as a d.a., iran for election as a judge. alvin bragg is going to get reelected in short order.

but this is bigger than alvin bragg. this is bigger than new york city, and they have to exercise some intellectual honesty and dignity toward the president and do it at this point, and they can appeal it all they want but they cannot hold this over the president's head of the next four or five years, they cannot do that -- >> sandra: just want to -- >> it is different. >> sandra: judge, stephen chang, spokesperson for president trump and his transition, this is a total and definitive victory, trump's team said for president and the american people who elected him in a landslide, this is the first reaction we have seen, the manhattan d.a. has conceded this witch hunt cannot continue, the lawless case is now stayed and present trump's legal team is moving to get it dismissed once and for all, so they are celebrating despite the fact that the judge has not moved in -- kerri is looking boggled. let this be the tees. we will have more after the

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>> sandra: all right, fox news alert 23 minutes past the hour and you have been joining us through the break, new york prosecutors say they will oppose dismissing trump hush money conviction. this was just in from the white house -- sorry, i should say the incoming white house spokesperson, steven cheung. i had read it right before the commercial break. it was reading, kerri, i'll bring you in on this, as somewhat of a celebration of the news, calling it a total and definitive victory for president trump, although this would obviously for various reasons not be one peered i want to get you to weigh in. perhaps connecting earlier assumptions -- >> john: let me just jump in here because steven cheung has put this out, they are saying

the stay is a total and complete victory because he follows it by saying, this witch hunt cannot continue, the lawless case is now stayed and president trump legal team is moving to get it dismissed once and for all. so for them the victory is the stay because they believe if the stay is put in place, there's no way that merchan is going to agree to continue this case for another four years as the manhattan d.a. would like them. >> sandra: that's fair. kerri has another way to look at it, as well. >> any good defense attorney, your goal is to keep kicking the can down the road until the can doesn't exist anymore so you live to see another day, so any kind of stay is going to be viewed as a victory, that is true. what we have been speaking to, though, for the last 20 minutes is this idea that bragg's office is putting out quite obviously in this filing that they are willing to see this case go forward as long as they are permitted to, including through

and after and stay until after donald trump completes his time as president, a complete a different issue. >> john: i think what the trim campaign or the incoming president is banking on his merchan will take a look at this and say look, we've got a lot of crime happening in new york. we have a lot of things to get to. there is just no interest -- i know andy says it is new york and this is working well for them -- but is there really any interest in hanging onto this through the presidency until 2029 before you say okay, he's not president anymore, he has left the oval office, who knows what the circumstances of the country are going to be in five years, but we're then going to pronounce sentence upon him. i mean, in what world is that really work? >> we won't know until a few weeks ago, there's thing to to be a motion. they are going to go through this motion to dismiss. we don't know what judge merchan is going to do. i agree with, i think andy and john, i think you are both making great points on this, this or certain new yorkersi versus this cost them nationally

democrats the presidential race, so what judge merchan will do here is an open question that none of us know quite yet. >> sandra: judge, go ahead, jump in. >> yeah, you know, my feeling is this has been a thorn in won juan merchan's back for a long time because once donald trump that elected he knew he was in a "no" win situation. merchan knows if this case is appealed it will be reversed, all of the evidence that he allowed in was reversible error. even harvey weinstein got reversible error based on that kind of evidence, too much evidence coming in, and i think that juan merchan is going to use that hearing if there is a scheduled hearing, he's going to use it as an opportunity to get rid of the case. alvin bragg is sticking to his guns because that's how he's going to stay elected. that's the people who elected

him. but i think merchan is in a no-win situation. if he dismisses it it is the end of an embarrassment for him but i understand why the trump team is saying it is a victory. they don't know what to do about it, merchan has already adjourned this thing, they are going to adjourn it again. >> sandra: it might be surprising to see them say the manhattan d.a. has conceded that this witch hunt cannot continue. i don't think there has been such a concession made but if you could all stand by, andy, judge -- >> the d.a. -- >> john: we are going to be back -- all right, we're going to take a quick break. we will be back after this. the reaction, stay tuned. where your retirement money and investment portfolio could go up with the stock market lock in your gains? and when the market goes down, you don't lose anything. forward with your money. never backwards would have that investment

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this case has been stayed, at least for the time being, though no final decision has yet been made. rich henson is tracking things at mar-a-lago. rich, what's the mood down there among the trump voters? >> well, they see it, john, as you mentioned, in the statement, is a total and definitive victory. this is from steven cheung, trump spokesperson, that this was also in an era of those who elected him in a landslide. the trump team has always seen this prosecution and all of the prosecutions against him as political prosecutions. now we had months of then-former president her surrendering himself, the mug shots, helicopter video of him going to court and all of that. with an election, there was an anticipation that a lot of that would go away if he won, landslide or not, and that is the case, certainly you have with the trump justice department coming in just a couple of months from now, that

also feeds into what going beyond that in atlanta and in new york and in manhattan, that these are political prosecutions from d.a.s who as andy mentioned benefit from all of this politically and that is why they are continuing to pursue these cases. that is their perspective. but beyond that, this is still a government in transition. he is still making selections, moving forward, putting his cabinet together, putting his economic team together. news earlier today that a source familiar with the decision howard lutnick is going to be the president-elect's choice to lead the commerce department, he was part of the conversation dealing with treasury. there is a lot of jockeying ongoing with treasury. our colleague paul steinhauser is reporting some of the issues there have to deal with leading a treasury department and the u.s. economy really that's going to have an awful lot of increases in tariffs on imports coming into the united states, reportedly the former president is going to texas today to watch a launch from spacex and

of course he has developed this really close relationship with elon musk, certainly over the last few months, so why you have this major news on going in these court cases which we have been watching like a hawk for month, it is kind of business as usual here as he continues putting his team together, john peered. >> john: all right, you know, ultimately, the dénouement of this trial will be when jud judge merchan either excepts or rejects the motion to dismiss or if he is willing to, maybe people have various reasons to believe he would draw this thing out for another five years. sandra, i just don't know why any judge would do that. >> sandra: former attorney general bill bill barre should are my listeners, served in president from's first administration, did recently: prosecutors that the state and federal levels to dismiss before he takes office.

bill barr staying "this case in new york is rife with legal abuse and error and if it were continue to be litigated it would ultimately be overturned but we shouldn't put up with that kind of destruction and i think the right thing to do would be for prosecutors to dismiss this case." jonathan turley joins our coverage now, constitutional law attorney and gwu law professor. jonathan, your thoughts? >> well, in some ways, the position of bragg's office is what i have been worried about and we spoke about it early this morning. the worst possible scenario, in my view, is to keep this matter pending during the four years of the administration. you cannot have a local district attorney treat a sitting president like a freak on the leash, where he just is able to say that i will finish this once your out of office. it elevates the district attorney to a grotesque level. it also creates this local judge as determining the ultimate

outcome of the president of the united states. it doesn't serve nation or justice to have that type of lingering question for the next four years. it certainly serves everyone in new york politically. it serves bragg like it serves this judge politically, but it doesn't serve the nation, and so the question that will be looking at with this new hearing that's likely to occur is whether the judge will listen to his better angels, and dismiss this case. as i said before, i do not believe that the mere election or reelection of president trump is the basis or simply dismissing this case. i don't think the local judge will view it that way. he has a jury verdict on all of these counts. however, he does have an off-ramp. after this case, the supreme court did hand down its immunity decision. now many of us have been saying it is likely the court will say

that was harmless error because there was a great deal of evidence that had no can connection or overlap with the president's first term. the problems that bragg's office double down on the evidence coming from the white house. they used it, emphasized it in the closing argument. that allows the judge to find a way out of this, that judge merchan can say, look, you are the ones that didn't just produce, ask for this evidence, you then brought it to the attention of the jurors, emphasized it, and i just can't unravel all these different strains of evidence to ensure that the jury was not impacted by something that you said the jury should take particular interest in. that would allow him to dismiss the case. but once again, to return where i began, the worst option for justice and for this nation is

to do what bragg is suggesting, to allow him to hold this leash on a sitting american president for four years. this is, i just wrote a book on how this was an age of rage. this is the face of rage. is addictive. it's hard to let go. and they want to drag this out for four more years. >> john: jonathan, you say it may be the nerve worst thing for the nation to be held for four years. as andy was pointing out a moment ago, could be the best thing for alvin bragg's political career based on the fact he will be running again as district attorney in the city of new york. but is there, jonathan, any precedents in american law for holding in advance the sentencing of an american president until he completes his term in office? >> no, we have long been in uncharted territory. >> john: okay. >> all of the local maps became useless about two years ago. but, you know, to use the old pirate phrase, there's monsters

that lie at the end of that map that you do not want to go off this map in this way, to say that alvin bragg will sit there and just watch a sitting president on a pendency of a sentence that could send him to jail, it's just a perfectly appalling idea. i'm hoping that the judge will understand it as such, but the other dynamic here, and this has been raised by andy, as well, is that this case is riddled with error. it's an absurd case that should never have been brought. it is raw lawfare. it's rage. and that's what this is all about. many of us have covered this trial, stood outside that courthouse in manhattan, and you saw the face of rage and people dancing in the streets with the celebrating this conviction.

those people want the party to continue. and they want it to go on for four more years. the rest of the country does n not. >> john: well, all politics is local, i guess, john. stand by, folks, a lot more to chew over on this.art we'll be right after this. mmuni. see what i did there? hey, jackie! (♪) evan, my guy! you're helping them with savings, right? (♪) i wish i had someone like evan when i started. somebody just got their first debit card! ice cream on you? ooo, tacos! i got you. wait hold on, don't you owe me money? what?! your money is a part of your community, so your bank should be too. like, chase! do your dry eyes still feel gritty, rough, or tired? with miebo, eyes can feel ♪ miebo ohh yeah ♪ miebo is the only prescription dry eye

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>> john: busy news day on hill. two big earrings probing the biden administration. we are expecting the fema administrator deanna criswell to face questions after relief workers were told to avoid homes with trump signs and lawmakers also looking to the disappearance of tens of thousands of migrant children under the biden-harris and administration. border patrol data reveals over 529,000 unaccompanied children arrived at the border under the

current administration and tens of thousands of them have slipped through the cracks and disappeared. health and human services whistle-blower terra road us is set to testify next hour. she joins us now from capitol hill. tara, thank you for hanging with us to the breaking news. i want to read a little of your testimony you are about to give their to the committee who is looking into traffic exploited missing migrant children, victims of the biden-harris and administration. you say in part sadly, due to the failed open border policies of the biden-harris administration, we have delivered these on accompany children to criminals, traffickers, and members of transnational criminal organizations who are using the unaccompanied children program as a white blood delivery service of children. these criminal sponsors are defrauding the u.s. government by using the uc program as the logistical chain of their child trafficking operation. you are working with a d.a. in california. that is damning testimony, to be sure. >> i was the hhs whistle-blower,

yes, and i served as a deputy to the director of the federal case management team, and i can assure you the uc program is the middleman and what we now know is government-sponsored, taxpayer-funded child trafficking. this is appalling, and this must change. >> john: so how did this happen? did hhs -- i don't imagine hhs did this willingly. was it just neglect? was it negligence? >> well, what's shocking is hhs is not a law enforcement entity. they don't have investigative powers, and so they just simply do not have the skills, knowledge, the ability, the tradecraft to be looking into traffickers. they just don't. this program has failed, and traffickers have been able to exploit this program because of lack of experience and lack of tradecraft on behalf of hhs. they are not equipped to do this mission.

that's why 320,000, 320,000 children are gone. >> john: in fact, i wanted to point that out because we had a shocking report come from dhs across our desks in august, and here are the sad statistics that are contained in that report. a total of 448,000 unaccompanied children transferred to hhs between the years 2019 and 2023. 32,000 of them failed to appear in court. 291,000 of them were not even given notices to appear. so we have a total of 323,000 children whose status is unknown and here is the i.c.e. conclusion from that report. without an ability to monitor the location and status of unaccompanied children, i.c.e. has no assurance ucs are safe from trafficking, exploitation, or forced labor. the red flags, tara, were there all along, get hhs just seemed to ignore them.

>> yes, yes they did. and what's shocking is that trafficking has been going on in this program since 2013 and 2014. children were lured. now i didn't know that. when i raised my hand to help the biden administration with this border crisis, i thought i was going to do puzzles and play games with children. i was told this is a family reunification program. that is not what is happening at all. the children told us they are being lured away from their families. this is a family separation program. these children are brought here to the united states and carelessly turned over to ms-13, 18 street gang, other transnational criminal organizations. this is appalling. and i blew the whistle in june of 2021. it is now three years, five months, and three days since i said they were trafficking children, and there have been whistle-blowers before me. this is appalling, and they just simply do not have the ability to run this program without

turning kids over to traff traffickers. >> john: this dhs report raised suspicions among sponsors peered one sponsor apparently signed for 2500 different children. we have tom homan yesterday, the incoming border czar, he said one of his top priorities on day one when he starts this program is going to be to find these unaccompanied migrant children peered here's what he said. >> we got over 300,000 missing children. over half a million children trafficking into the united states, this administration releases them, sponsors, they can't find 300,000 and based on my three and half decades, some are in sex trafficking, some are with pedophiles. we need to say these children peered. >> john: real quick, tara, because we are running out of time, how difficult is that task going to be? >> this is going to be a lot difficult than anybody thinks. you can elevate the national

intelligence priority framework. you can actually designate child trafficking as terrorist activity. tom knows how to go after this, and for anybody who doesn't know, tom homan, he has such a heart for these children and i appreciate the time to talk about child trafficking. >> john: tara, we thank you for joining us, we know you are going to the hearing, look forward to your testimony. appreciate it. >> thank you so much. >> sandra: pennsylvania supreme court ordering counties to stop counting illegal ballots. will democrat officials comply? kerri urbahn is back just ahead. it's time to feed the dogs real food in the right amount. a healthy weight can help dogs live a longer and happier life. the farmer's dog makes weight management easy with fresh food pre-portioned for your dog's needs.

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>> sandra: a u.s. official telling fox news ukraine carried out a strike overnight on russian targets. for the first time kyiv has used long-range u.s. missiles to strike within moscow since gaining permission from the biden administration. russian president vladimir putin lowered the threshold for using nuclear weapons. democratic senator richard blumenthal had this to say. >> at the end of the day we recognize that the use of nuclear weapons not only crosses a line, it jumps into a chasm of total chaos and destruction. there is a way to end this war

at the bargaining table. ukraine has to be there in a position of strength. >> sandra: we will have fresh reaction from the pentagon when it holds a briefing next hour, as the latest developments mark another potential escalation in the russia-ukraine conflict. we will also hear from general jack keane who will be joining us live coming up. >> john: here and "america reports," dual hearings about to start on capitol hill as lawmakers pressed the head of fema for answers and also take up hundreds of thousands of missing migrant children under the biden administration. stay with us.

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