for bret baier tonight. dramatic testimony in the hunter biden federal gun crimes trial today about the level of drug addiction that ensnared the president's son prior to his recovery. and this, the attorney general has a contentious hearing up on capitol hill over allegations he has weaponize the justice department. tonight, we also talk to the father of an american held hostage for 8 months now by hamas terrorists. ♪ but, first, breaking tonight, president biden facing intense pressures now signed an executive order tamping down on the move could partially shut down asylum processing southern border. new policy comes less than five months after the president said he had already done everything he possibly could about the border crisis. tonight, we'll show you another example of just how wide open certain sectors of the southern border remain as hundreds cross into the u.s. overnight without any resistance. we've got fox team conch. bill melugin is in southern california with that exclusive video from overnight but we begin with white house correspondent jacqui heinrich. hi, jacqui. >> jacqui: good evening, gillian. the u.s. has eclipsed the surge threshold average 2500 illegal crossings per day over the course of a week. this goes into effect at midnight tonight. the u.s. will stop processing asylum claims with exception and deport those who come anyway with a five-year ban on reentering and so far the president is getting little praise. >> this actually will help us gain control 6 our border, restore order into the process. >> jacqui: it's a reversal from this in january. >> i have done all i can do. >> jacqui: and this in april of last year. >> it is my testimony that the border is secure. >> jacqui: five months out from the election president biden has temporarily shut down the u.s. asylum system with executive powers effective at midnight until illegal crossings dip below an average of 1500 per day. those who cross anyway will be deported without hours to days unless unaccompanied minor meet a standard unlawful discretion to enter ccp 1 app. republicans pointing to the 8 million crossings under biden decry the timing. >> it's a little late. you can't make this catwalk backwards. >> this stunt is not going to save your political life. >> i'm not going to bash improvements in policy but the politics of it are really obvious. >> parts of biden's base similarly upset, including progressives and immigration advocacy groups. aclu is suing saying it will severely restrict people's legal right to seek asylum putting tens of thousands of lives at risk. a concern biden also had when trump used the same statute to ban migrants from muslim countries until the courts blocked it. >> they are sitting in squalor on the other side of the river. >> jacqui: biden today defending his choice. >> for those who say the stepping i have taken are too strict, i say to you that be patient and goodwill of the american people are going to -- wearing thin right now. doing nothing is not an option. we have to act. >> jacqui: the president framed his decision as leadership in the face of republican opposition led by trump who wanted to weaponize the issue in the election. former president said today on truth social that biden was just making this move for show because he knows there's a debate coming up in three weeks, gillian. >> gillian: so, jacqui, there is also this reporting now that biden believes the israeli prime minister, despite everything he is saying, may not actually want the war in gaza to end. tell us about that. >> jacqui: yeah, the president made that suggestion in an interview with "time" magazine was that published today but, actually, it was conducted a week ago. he was asked whether netanyahu in his mind is prolonging the war in order to hold on to power. and the president said there's every reason for people to believe that. but today he put it differently. listen. >> prime minister netanyahu playing politics with the war? >> i don't think so. is he trying to work out a serious problem he has. >> jacqui: today the house approved sanctions against the icc for issuing arrest warrants for netanyahu and other israeli leaders that bipartisan vote overwhelmingly passed but it is unlikely to get a vote in the democrat controlled senate even though biden called the icc's war crimes allegations outrageous. gillian. >> gillian: all right, jacqui heinrich at the white house for us tonight. thank you. >> jacqui: thank you. >> gillian: the head of the fbi now is warning of the dangers of allowing unchecked immigration across the southern border. christopher wray today giving testimony up on capitol hill talked about how suspected terrorists are now entering the country. >> as we have less collection overseas against foreign terrorism, there's less -- there's less sources of information to inform people about people come in. so, in other words, somebody could be coming in who should be watch-listed but isn't. >> gillian: now we have new images of migrants crossing the border into a remote area of southern california, which is where we find correspondent bill melugin. is he showing us tonight from jacumba. >> a remarkable sight in san diego county early this morning as a mass of hundreds of migrants from all around the world cross illegally into ha consume barks california at 1:3. they face nod resistance on other side of the border. walking around the mexican military and through a gap in the border wall. some not knowing where they are or where to find border patrol. >> this is america. see the red lights? that's border patrol. san diego. see the lights? most of them single adult felony asia and africa, including some special interest aliens designated by dhs as coming from countries with potential security concerns. >> bill: where are you guys from what country. >> mauritania. >> from africa. >> yes. >> bill: why did you guys come to the united states? what country? >> nepal. >> bill: nepal? all fair enough nepal? >> yeah. >> bill: what country? >> vietnam. >> what country are you from. >> mauritania. >> where are you from? what country? >> india. >> bill: initially only one border patrol agent on scene trying to corral the hundreds of migrants while many of them could be seen posing for photos in front of the border wall. treating it as a tourist attraction and they celebrate entering america and breaking its laws. some local political leaders are fed up. >> there's a lot of unrest. people not knowing who these people are or why they are here or what their intentions are or where they have gone. there has been a vale of secrecy from the federal government that makes everybody pretty uneasy. >> bill: and, gillian, earlier today, ice confirmed via a statement to fox news that the suspect accused of shooting two nypd officers yesterday is, in fact, an illegal alien from venezuela who was caught and released at the border in eagle pass, texas last summer, july 2023. ice adds on top of that a doj immigration judge dismissed his entire immigration case last month. yet another example of no consequences for crossing the border illegally. we'll send it back to you. >> gillian: all right. bill melugin in ha consume barks california for us today. thank you. take a look at this testimony underway now in the criminal trial of president biden's son hunter. he stands accused of three federal gun crimes. he was in court today for the second day of his trial. correspondent david spunt is in wilmington, delaware tonight covering it. hi, david. >> david: hi, gillian, good evening. hunter biden's physical laptop, the one surrounded by so much controversy was physically held up in court today as a piece of evidence. it's something that prosecutors use today and will continue to use to the jury in the days ahead. >> david: hunter biden left the federal courthouse in wilmington, delaware after a dramatic moment when jurors heard the president's son in his own words discuss his drug addiction. prosecutors played portions of hunter's audio memoir "beautiful things" of the quotes played in hunter's voice crack takes you into the darkest resources of your soul and darkest corner of the community. his sister ashley biden getting emotional with the first lady jill biden putting her arms around her. told jurors while drug addiction as a choice owning a gun as a drug user and buying a gun is a choice. jurors saw this gun form. hunter's attorney abbe lowell told a jury today that the president's son was abusing alcohol, not drugs, when he bought the handgun e owned it for 11 days. lowell claims hunter was rushed by a local sales clerk at the wilmington,delaware store. lowell told jurors the special counsel cannot establish a chain of custody of the gun pouch that had what is alleged to be cocaine residue, putting blame on hunter's sister-in-law hallie biden. his late brother's widow. lowell insists hallie biden panicked when she found the gun in hunter's car, put it in the pouch and threw it in a garbage can outside a local grocery store. and prosecutors showed a text message from hunter biden to hallie biden the day after he purchased that gun in 2018 where he allegedly told her that he was meeting with a local drug dealer behind a baseball park here in wilmington, delaware. and according to his book around that time, hunter says that he was involved in smoking crack roughly every 15 minutes. hallie biden will eventually be a witness in this case. and, tomorrow, we will likely hear from his ex-wife, kathleen. gillian? >> gillian: david spunt in wilmington, delaware again for us tonight, thank you. attorney general merrick garland now is responding to allegations he has weaponized the justice department against conservatives. he is also standing his ground against demands to turn over audio recordings of president biden's now infamous interview with special counsel robert hur. garland faces a possible contempt of congress charge and was the focus of an intense hearing today up on capitol hill. that's where senior congressional correspondent chad pergram is tonight. >> attorney general merrick garland mum in the hallway. >> are you going to kind of punch back against what they're trying to do in contempt? but garland defiant in the hearing room. >> i will not be intimidated. >> chad: republicans contend garland weaponized the justice department against former president trump. >> many americans believe there is now a double standard in our justice system. they believe that because there is. >> chad: former president trump asserted garland authorize dollars the fbi to use deadly force during its raid on mar-a-lago. but garland dismisses that accusation. >> the document being discussed is our standard use of force protocol. and was part of the package for the search of president biden's home as well. >> chad: he described g.o.p. ache saling'ss of bias as a right wing conspiracy theory. >> an attack on the rule of law tears down people's confidence in the basic fundamental element of our democracy. >> chad: garland said he never personally linked to the audiotape from the interview special counsel robert hur conducted with the president. saying the department only altered the transcript to eliminate repetitive or filler words. but republicans say that's precisely why they want to hear the tapes. >> the transcript may be accurate. but, you know what in the audio would tell us so much more. >> whether it reveals things about his capacity or his veracity or anything else. >> chad: democrats contend the doj just doesn't target republicans citing prosecutions of bob menendez and texas democrat henry cuellar. >> chad: the full house has not voted to hold garland in contempt it may never do so. the house lacks the votes. gillian? >> gillian: chad pergram on capitol hill tonight for us. thank you very much. >> chad: thank you. >> gillian: stocks today were up. the dow gained 140. s&p finished ahead 8 and nasdaq cross 28. coming up next, our latest power rankings, plus the montana senate race. how former president trump's conviction has now become a political weapon against the democratic incumbent. first, let's take a look at what some of our fox affiliates around the country are covering tonight. first, fox 32 in chicago, opponents and supporters of controversial dalton village mayor henyard almost comes to blows. police had though break up a squirm m*a*s*h at town hall meeting monday. voted 4-2 to reinstate former chicago mayor lori lightfoot's investigation into henyard's activities overriding the mayor's veto. and this, fox 5 in atlanta. officials there continue grappling with the after-effects of a massive water pipe bust over the weekend. parts of atlanta have been without water since friday. a boil advisory is still in effect. part of that damaged pipe that caused a series of water main breaks has been removed and replaced. finally this is a live look at san diego from fox 5. one of the big stories there tonight: padre's infielder marcano is banned from basic for life for betting on the sport. four other players suspended for one year by major league baseball in the game's biggest gambling scandal in decades. also this tonight former interpreter for basic star shohei ohtani pleads guilty to bank and tax fraud. admitting to stealing nearly 17 million bucks from the japanese player. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ i'm a gambling man, man, man ♪ i'm a gambling man, man, man ♪ i'm a gambling man, man, man ♪ i'm a gambling man ♪ter for a condition you can't control. he ♪ >> gillian: welcome back, wisconsin attorney general josh cull now has filed felony forgery charges against two attorneys and an aide who allegedly submitted paperwork falsely stating former president trump won the battleground state back in 2020. the man accused of delivering that paperwork to a pennsylvania congressman's staffer in order to get it to then vice president mike pence back on january 6th, 2021. the defendants have not commented publicly. >> gillian: and this, former president trump has asked the judge in just concluded criminal trial to lift the gag order in place that prevents him from speaking about certain witnesses, jurors, and other associated with the case. trump was found guilty on all 34 counts by a jury. is he vowing to appeal. ♪ ♪ >> gillian: and some big news former president trump maintains his slight edge in the latest fox news power rankings, he is projected to have 251 electoral college votes to president biden's 241. that forecast continues to see the race coming down to four toss-up states that's pennsylvania, wisconsin, arizona, and nevada. four other states are highly competitive. michigan, minnesota, georgia, and north carolina. the first fox news power rankings issues tracker shows back president trump to handle the economy and secure the border. they believe he is more physically and mentally fit than president biden. but biden does lead trump on handling abortion rights and protecting democracy. voters also think he is more honest than the former president. primary elections are being held today in a handful of states. one of t them being montana. one senate candidate is trying to turn former president trump's conviction into a liability for the democratic incumbent. congressional correspondent aishah hasnie reports tonight from big sky, montana. >> aishah: hours before montanans hit the polls -- >> they want to throw trump in jail. >> aishah: tim shae he was out with a first of its kinded a tying jon tester to former president trump's new york conviction. >> and jon tester is standing right by their side. >> the two men are expected to clinch their party's nominations for senate tonight tester has not commented on the conviction which say help republicans flip the senate. >> this will help candidates in like montana ohio and others. >> the left is hitting sheehy hard from out of state because he didn't grow up in montana moving there in 2014. >> shyy says a vote for tester is a vote for biden. 95% voting record with biden. >> i will work with anybody that work with me. donald trump signed 20 or of my bills actually more than 20. >> wild card here are the number of new montanans that moved here during the big sky skate during covid from places like washington, oregon and california, and nobody has a clue how they are going to vote. arab arab while dems criticize sheehy coming to montana later in life. tester is not shy about appealing to the state's newcomers. it's why he is outsteng sheehy 3 to 1 to introduce himself to new voters but at the end of the day, the issues will matter the most. >> nationally, i'm concerned, obviously about immigration. >> i'm thinking about abortion is going to be on the ballot. i'm thinking about palestine. i'm thinking about the economy. >> aishah: in montana, i'm aishah hasnie, fox news. >> gillian: coming up next, the latest on the israel-hamas cease-fire negotiations. more hostages are confirmed dead while in hamas captivity and we will talk with the father of an american who is still right now held by hamas terrorists. first, beyond our borders tonight, let's take a look. indiana's election commission says that the coalition led by the prime minister modi has won india's general election. modi says his party, the national democratic alliance will form the government for the third consecutive time. and china says its lunar spacecraft unfurled the country's flag on the first time for the far side of the moon. probe touched down sunday. earlier today it left the surface with rock and soil samples that will be brought back down to earth. and this is a live look at west iceland. one of the big stories as a volcano southwestern iceland continuing to spurt lava for days since it erupted fifth time since december. the blue lagoon one of iceland's biggest attractions opened after the nearby volcano had stabilized. these are just some of the stories beyond our borders tonight. we'll be right back. ♪ has begun ♪ we've already won ♪ ♪ i'm still eric and i got botox® cosmetic. i'm seeing a lot less prominent lines than i did before, the results have been subtle but noticeable. botox® cosmetic is fda approved to temporarily make frown lines, crow's feet, and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping. and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications, including botulinum toxins, as these may increase the risk of serious side effects. 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wt.com. happy father's day! >> gillian: welcome back we are learning four more hostages confirmed dead. three men seen in hamas video pleading for their lives. also this evening, an update on the search for an end to the ongoing 8 month wash in gaza. benjamin netanyahu is being urged to accept a u.s. proposed peace deal. >> is he also being threatened by others who are adamantly against it. correspondent trey yingst is in tel aviv tonight with the latest. >> trey: diplomatic efforts to reach a cease-fire in gaza are intensifying. qatari negotiators anxiously await confirmation on plan laid out friday by president biden. >> we are looking now into concrete answers from both sides suggestions and we are hopeful we can get them. >> biden framed the cease-fire plan as an israeli proposal but israel's political parties remain divided. today, the two ultra orthodox parties came in support of a deal with hamas as the two farthest right parties continue to threaten to collapse the government if a deal moves forward by breaking up israeli prime minister benjamin netanyahu's coalition: the increasing pressure on netanyahu not only coming from different parties but also from the general public who, once again, took to the streets over the weekend calling for a deal. on the battlefield, israeli forces launched a new operation in central gaza this afternoon as they go after hamas cells that regrouped in recent months and overnight the israeli military announced it had confirmed the deaths of four israelis who were being held by hamas in gaza. >> we are thoroughly examining the circumstances of their death and checking all possibilities. we will present soon their findings first to their families and then to the public. >> with activity continuing on the southern front, israeli alertness remains high in the north amid new rocket fire from hezbollah that sparked widespread fires along the border with lebanon. gillian? >> gillian: trey yingst in tel aviv for us tonight. thank you. >> this is not just an israeli problem. this is not just an american problem. this is a global humanitarian issue. and it needs to be resolved and right now, as everybody spoke, there is a deal on the table and it must be accepted by all parties. >> the deal is in front of hamas. it is to hamas to accept or reject or come back and say they want to further negotiate the deal. it's just the facts of it israel agreed with this proposal and it stands with hamas. >> gillian: joining us now is ronan knew that the father of 22-year-old american hostage omer into the that. you are joining us today after a series of high stakes meetings. you met with the national security adviser at the white house. you were up on capitol hill what's your feedback. how did you feel the tone was in the meetings? did you get information you needed? any thoughts on the meetings? >> well, we -- the american hostage families, it's eight of us, five of which are considered alive and three have been murdered, we constantly meet with the woitels. we have access to the national security adviser and it's been maybe the eighth meeting we have held with him right now there is obviously a deal on the table we are cautiously optimistic both parties are motivated to reach a deal. there is tremendous pressure put by the u.s. administration as well as the mediators on the parties involved to try reach a deal. it is time. it's money time. we are eight months in. and as you just said, every day we hear about more and more hostages dying my son has been in captivity for 8 months. he is 22 years old. he deserves a life. he deserves to go out and continue with his life and we are fighting the fight and telling everybody that those people must come to their families. >> gillian: well, we all know the u.s. public knows that the biden administration feels newly sort of invigorated by the current cease-fire deal that's on the table of which hostage -- complete hostage release of everybody is like a core component. we're hearing reports now that the israelis are feeling newly optimistic and sort of reinvigorated about the prospects of this. have you learned anything about where hamas is on the deal today or do you have any thoughts about where they might be in all of this? >> well, i think we'll have to wait and see. nobody really knows what [inaudible] is thinking. >> gillian: no. we don't. >> the deal will bring relief to the people in gaza. and this is really up to him to decide whether he wants to help his own people or whether he's still insisting on keeping the hostages and making israel look bad in front of the world as if they started it. let's remember, the hamas started the war by killing 1200 innocent people, among them 45 americans. 12 americans were taken as part of 240 hostages. 8 are still in captivity. the release of the hostages is the initial step to bring peace and stability to the area and to allow the people in gaza to have some relief and get humanitarian support and get their life back just as well we wanted our son back. >> gillian: very quickly before we let you go, we are learning from axios that the cia director and bret mcguirk, who is president biden's top middle east adviser are traveling to the middle east to try to get this deal across the finish line. what message do you want them to take to hamas through the interlock torres. >> don't give up, put all the pressure you can, as i said before, this is crunch time. we need bring the deal, the people are dying there i'm not sure there will be another opportunity. it has to be done and done right now. >> gillian: well-said. thank you very much for joining us, ronen, or thoughts and prayers are with you, of course, as you go through this, maybe there will be a breakthrough as soon as this weekend. >> thank you for having me. >> gillian: thank you very much. >> gillian: coming up next bret baier on the efforts to identify the remains of soldiers killed 80 years ago now during the d-day invasion. >> communities come out en masse when their hometown son or daughter are coming home. >> bret: no matter how long ago it was. >> no matter how long ago. ♪ i have type 2 diabetes, but i manage it well ♪ ♪ jardiance! ♪ ♪ it's a little pill with a big story to tell ♪ ♪ i take once-daily jardiance ♪ ♪ at each day's start! ♪ ♪ as time went on it was easy to see ♪ ♪ i'm lowering my a1c! ♪ jardiance works twenty-four seven in your body to flush out some sugar. and for adults with type 2 diabetes and known heart disease, jardiance can lower the risk of cardiovascular death, too. serious side effects may include ketoacidosis that may be fatal, dehydration that can lead to sudden worsening of kidney function, and genital yeast or urinary tract infections. a rare, life-threatening bacterial infection in the skin of the perineum could occur. stop jardiance and call your doctor right away if you have symptoms of this infection ketoacidosis, or an allergic reaction. you may have an 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gillian. at least three soldiers who died during the d-day invasion and thought to be missing in actiont year. tonight, we take a look at their stories and honor their sacrifice. [explosion] >> bret: nearly 73,000 u.s. troops landed in normandy on june 6th, 1944, more than 2500 were killed or were missing in action. [gunfire. >> bret: defense prisoner of war missing in action accounting agency has since identified seven of those missing soldiers. three were named in the last year. >> bret: are there still others yet to be identified. >> hundreds. the case of those three soldiers they were part of a landing craft on june 6th. >> bret: army corporal julius wolf. army sergeant john herrick and army hart wick were all part of the 149th engineer battalion on d-day. they boarded the same landing aircraft headed for omaha beach. the soldiers would never make it to battle. the vessel struck a mine as it was hit by artillery fire. the craft exploded killing around 200 on board. [explosions] >> bret: the three soldiers remains buried at unknowns in four different graves at normandy american secretary. >> bret: how difficult is it to identify in the aftermath of d-day? it was a massive invasion. >> part of the challenge is differentiating the remains because, as you can imagine, the chaos after the war. obviously the ones they could identify have been back home since the 140s. the ones that are still missing are the ones we are looking for. >> bret: the four graves were exhumed in 2021 so scientist could say analyze the d.n.a. >> bret: how has technology today helped us identify someone who was killed more than 80 years ago? >> what used to be a sample this size now can be done with your pinky finger, thumbnail. and if we have a family reference sample with which to compare the remains against. d.n.a. technology has advanced in incredible ways. >> bret: i'm sure these families are anxious to find so they're cooperative in all of. >> this very much so. with world war ii congress didn't give did to the department of defense until 2010. so we are playing catch up, again, developing the historical references, the research with which to be able to pursue certain cases. >> bret: two years after their remains were exhumed, officials were able to positively identify the three men killed on board the landing craft. >> one of them, and this is a great story, emporia, kansas, 19 years old, he will be buried on veterans day 2024, which would have been his 100th birthday. >> bret: wow. that's amazing. >> sergeant john hair wick. >> so, for that town and that family though are coming out? >> en masse. >> bret: corporal wolf was buried hometown in april. a memorial service will be held for tech hart wick in kansas at a later date. >> bret: many from world war ii are already buried overseas in cemeteries. what often happens after those individuals are identified? >> families are given the choice to either interthe remains back at the cemetery where they were interred as an unknown or bring them back home. >> when you find and piece together all of this, what does it mean for the families? >> these families go through life with a void of heart and mind. they know their loved one died in combat but not having that certainty of those remains leaves an uncertainty that exacerbates their grieving. oftentimes it's what we call generational grieving. it's passed down generation to generation. so you may be talking to family members that never met the service member but they know everything about him or her from the standpoint that it's almost as if you are speaking to his mother. >> bret: so it means a lot. >> absolutely. >> bret: the defense prisoner of war missing in action accounting agency currently has a team in normandy, france, searching for three missing airmen who were thought to have been shot down on d-day. their hoping to discover personal artifacts in the soil there where the plane was likely shot down. we'll continue to look into this story. we'll send it back to you. >> gillian: all right. thank you, bret. coming up next, the panel on the startling testimony in the hunter biden gun trial. plus president biden's executive action on the border. and finally the anniversary of the bloody crack down on pro-democracy protesters in china that rocked the world back in 1989. ♪ - it's apparent. not me. - yeah. nice going lou! nothing like a little confidence boost to help ease you back in to the dating scene. that includes having a smile you feel good about. fortunately, aspen dental specializes in dentures and implants made just for you. and with flexible financing, you don't need to sacrifice quality work for a price that fits your budget. at $0 down plus 0% interest if paid in full in 18 months. helping our patients put their best smile forward. it's one more way aspen dental is in your corner. ♪ my back got injured very bad. i was off work for about a year. i heard about relief factor from my wife... i took it every day, three times a day, for three weeks. ...look at her and i said, "the pain is gone." and she said, "i'm glad it helped." i said, "no, you don't understand. it's gone." you, too, can feel better every day with relief factor, a daily supplement that fights pain naturally. call or go online now and get 35% off your first order. here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. our biggest challenge? uncertainty. hidden fees, surcharges... who knows what to expect! turn shipping to your advantage. keep it simple...with clear, upfront pricing. with usps ground advantage®. ♪ switch to shopify so you can build it better, scale it faster and sell more. much more. take your business to the next stage when you switch to shopify. ♪ >> you weaponized the justice department in terms of hiding and protecting democrats, menendez, cuellar and hunter biden. >> we do not allow the political party or the ethnicity or the religion or the race or the wealth or the influence of someone we're investigating to make a difference in our charging decisions. >> i don't think one case proves that at all. the american people are intelligent and they understand intuitively what is happening here and they see a two tiered system. >> gillian: time to bring in our panel charlie hurt opinion editor for "the washington times." josh homies co-host of the ruthless podcast. former chief of staff to senator mitch mcconnell and "u.s.a. today" white house correspondent francesca chambers. thanks, guys for all being here in person. >> great to be here. >> gillian: in person. josh, the speaker of the house you just heard there say the american people see in the hunter biden trial a two tiered system of justice. the reality though is it's pretty incredible that you have a sitting president's son on trial facing criminal charges as much as 25 years in prison in this case. it's certainly not something we have seen before. >> it's pretty incredible to have the son of a president crack addict, a drug addict. owning a firearm illegally, right? i mean he did these things allegedly and that's what he is being tried for. i found it endlessly humorous one component today federal prosecutors were introducing a laptop as evidence against hunter biden. of course our intelligence experts four years ago told us it had all the hallmarks of russian disinformation boy has the worm turned on that. we will see what happens ultimately with this trial. republicans have a lot of reason to believe that there has been a two tiered system of justice for quite some time. >> gillian: charlie, politico writes today take a look at this biden and his family were involved in brief discussions early in the term about not seeking re-election to ease the burden on his son, according to four people with knowledge of the matter. but they said those worries were set aside when the family, including hunter, urged the president to run again, especially as former president donald trump appeared poised to make a comeback. i found that remarkable if true. >> it really is they clearly did put aside all those concerns. and is he running again. and whatever the -- you know, whatever the cost it may be. but it also, i think, important to remember that, you know, we wouldn't be sitting here now abwith the hunter biden trial if there hadn't been such enormous efforts by prosecutors up and down the line from delaware to washington, d.c. to prevent. biden. also kind. the biden administration to the trump administration in real time. it's a pretty compacted. compare the biden trial the trump trial right next to each other. and it's going to be interesting to watch. virtually back to back. >> i think they are apples to oranges in that the hunter biden case is a slam dunk case. whether you think the charges should be -- and. the charges were made up, so much to the point most people don't even know what he was found guilty of. convicted felon according to the democrats. >> so, let's turn our attention to the other big news of the day, which is the biden executive order on immigration, francesca, you were in the room during this announce -789d today. come to you first. take a look at the latest fox news ranking polls. critics of the president who have been calling this political stunt essentially basing their claim on this biden's job approval on border security is just 33%, if we can put those polls up and on immigration at large more voters, 56% trust trump to do a better job than biden these two issues now we know two concerns for voters nationwide and we are just five months away from the election now. >> and is he drawing criticism from some democrats on this same issue in terms of if he thought that he had this executive authority in the first place, why didn't he use it before now? and his argument today was essentially that this has gotten bad enough as a crisis, it's become very urgent, that congress hadn't acted, and so he felt that he needed to do something that doing nothing was not an option as he said in the american people's patience was wearing thin. immediately you heard from republicans why didn't do you something before and democrats asking essentially whether or not this was for politics as well in some cases and criticizing him saying this was an inhumane policy. >> gillian: josh, biden again today appeared to blame former president trump, at least in part for the border today. he hearkened back again to claims the trump tanked the border negotiations that were underway what he said. we came to a strongest border in decades. then, republicans in congress, not all of them, walked away from it why? because donald trump told them. to say today i'm moving past republican obstruction and using executive authorities available to me as president. >> ha ha ha. i'm actually kind of surprised can he do a lot of this with a straight face. just a trip down memory lane in the first three months of hills administration. he ended the remain in mexico policy. he ended restrictions of immigrant visas from places like i don't know, yemen, iran, stopped deportations, started daca, terminated the border wall on and on and on. these were executive actions. actually taken at the front end of this administration. everything he's done has created the crisis that he is now blaming republicans for that somehow he fixed. and by the way he could have done any of these executives action at any point during this crisis. it is frankly stunning election year politics to be honest with you. >> gillian: charlie, what remains missing from today's policy as far as we can tell so far is like the mechanism by which this new policy gets enforced. i was watching bill melugin report earlier from california. and he was saying it's not like at 2500 magic happens and a wall miraculously appears and thousands of border agents, you know, emerge from the bushes to help manage the situation. there's nothing really new in place in terms of resources. >> yeah. you are either serious about the border or or you are not serious about the border. joe biden i think he is serious about the border. is he serious about an open border. is he not serious about having a controlled border. he has handed the border over as josh pointed out to, you know, human smugglers and drug smugglers to drug cartels and that's his policy. and it's -- you know, and by the way that's antihuman, it's anti-children. it's anti-legal immigrant. and i think that the stunning thing to me about this announcement today is the admission that he has been lying for three years. he could have done something about it. he has refused to. he is choosing to do something five months before the election because he realizes that it's hurting him and it's not just republican voters, it's democrat voters. and independent voters. who are appalled by what this administration has wrought. and when you look around, you know, at a place like new york city, where they are, you know, taxpayers are footing the bill to house hundreds of thousands, if not millions of these migrants in hotels around the country where young people coming out of college today are struggling to find housing it's insane and highly unpopular and admission that this is potentially going to hurt. >> question whether this would hold up in court. being raised. certainly legal challenges will be raised with this. and there was a democratic lawmaker today who told reporters that the white house has assured them that they have vetted this, that they believe that they're on solid legal ground and so that seems to be something that has taken up some time here as well for president biden is the white house determining that he did have the legal authority to do what he just did. >> gillian: guys, we have got to leave there. i'm aware we can take all hour to talk about today. thank you for joining us. great to see you guys finally tonight a somber throwback. >> 35 years ago, hundreds of thousands of students and workers gathered in tiananmen square joined by millions more as cross kahne to. tiananmen square protest came to a very violent end at the hands of the chinese communist party. 80,000 troops there pushed towards the square in tanks, armored vehicles, firing into crowds of student protesters and civilians, hundreds, maybe even thousands perished that day. tomorrow on "special report" our exclusive sit down interview with south carolina senator tim scott, said to be a top tier contender for v.p. to former president trump. thanks for watching "special report." i'm gillian turner in washington. 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