demanding the federal government do more. >> the city of chicago cannot go on welcoming new arrivals safely. >> as thousands of migrants sleeping at o'hare airport. >> i don't understand how he has been able to allude the police this long. >> schools shut down neighborhoods on high alert. dangerous killer broke out of a pennsylvania county jail. >> he will slip up. >> the nfl season kicks off tonight. >> we have a full slate of nfl game matchup on fox. >> here we go. >> caught it. >> steve: good morning, everybody. it is thursday, september 7th, 2023. 6:00 here in new york city. and we start this first hour of "fox & friends" with this. hunter biden, the president's son is expected to be indicted by the end of this month on federal gun charges. >> carley: this means the president's son could be tang dwelled up in a criminal trial at a critical time in his father's re-election campaign. >> brian: maybe joe will come in and testify on his behalf. lucas tomlinson joins us live from washington, d.c. he checked the schedule. lucas, were you disappointed that you had been chosen to kick us off today or are you looking forward to kicking us off today? >> always a great honor, brian. the white house and hunter biden thought his legal woes were behind him. walk into the courtroom in delaware cop a plea deal and put this whole thing behind him. that didn't happen. the judge pulled on that thread and the whole thing fell apart. david weiss has been named special counsel and in a new court filing he says, quote: the speedy trial act requires the government obtain and return an indictment grand jury by friday september 29th, 2023 at the earliest. the government intends to seek the return of an indictment in this case before that date. thus, the government does not believe any action by the court is necessary at this time. so, another indictment is expected for hunter biden on that gun charge. now, the president's son also facing more heat from house republicans who have requested documents detailing why that so-called sweetheart plea deal fell apart and have requested the national archives turn over emails about communications between then vice president biden's office and his son's business associates. >> we know merrick garland has told the national archives not to cooperate with us. our sources at the secret service say that mayorkas called them to tell them to stop cooperating with comer and the oversight committee. so mayorkas and merrick garland are part of the cover-up. these are the two arguably highest ranking people in the biden administration. >> here's the white house's written response. if it's a day that ends in y, james comer is lying about president biden. it's all part of his months' long effort to waste time and taxpayer resources on evidence-free wild goose chase that does absolutely nothing to help improve the lives of americans, which is what congress should be prioritizing and is only focused on politically smearing the president. and now for the in person response from the white house press secretary. >> republicans have just sent out a letter to national archives requesting unredacted records from the office of then vice president biden. how do you respond to criticism that that shows there was no wall between then vice president biden's work and his family's business dealings? >> i understand the question. i appreciate the question. i get the question. i'm just going to let the white house counsel team answer that question. >> now, the white house -- excuse me, the house returns from summer recess next week. safe to say this is an issue the white house and biden campaign did not want to deal with this fall and into the 2024 election season, guys. >> steve: yeah, they thought it was going to be over, you know, until that judge blew it up in delaware. real quick, lucas, so when the national archives is asked from the house, which has oversight capacity over it for records, they are obligated to do it although it looks like they have kind of slow walked it. the administration is saying that there are a couple of hundred of these emails protected by executive privilege where secret stuff is and we will never see it, right? >> that's the big question, executive privilege. however does that go? how many emails? is it hundreds? is it thousands, steve? >> brian: lucas, this is just the gun. nothing about foreign trade. nothing about tax evasion. just the gun stuff, right? >> that's right. the tax evasion is what many people are looking at in fact many federal prosecutors, retired federal prosecutors here in town say most people would have gotten 3 to 5 years for those kind of charges, owing millions in cash to the u.s. government. remember that baltimore police commissioner. >> ashley: he got 10 months for the same exact thing that hunter biden was willing to plead guilty for. >> brian: right. >> steve: thank you for kicking us off today because we are doing the first day of the nfl season and by the way carley is here today. >> carley: hello. >> steve: good to have you. >> brian: jimmy johnson and joe theismann here to ask them questions. >> carley: usually people lump the three of us together. >> brian: you will end up -- >> steve: going back to what lucas was just talking about, with the status report that both sides gave, hunter biden's team essentially is saying hey, we have a deal. >> carley: yep. already signed. >> steve: the other stuff went away but we have got a deal on the gun thing. so abbe lowell, his very capable attorney said yesterday in that status report that apparently hunter biden has been living up to the diversion agreement, which includes checking in with his parole officer. he is not using drugs. he doesn't have a gun. so they are pretending they have got a deal. but the government says what, are you kidding? that thing blew up. now, next stop could be a trial. >> carley: given david weiss' history and what we know about him so far, i would be really surprised if these charges are any more serious than we have already seen. the "new york times" did report that david weiss wasn't gonna charge hunter biden with anything until the irs whistleblowers came forward. and then it took him five years to investigate this while the most serious tax allegations the statute of limitations expired. i'm open to surprises but i wouldn't be surprised if anything comes down in this indictment is going to make hunter biden sweat. >> brian: i have flipped over to see if anybody on the other channels would cover this and anderson cooper is covering it. >> steve: who? >> brian: and david axelrod says it has nothing to do with joe but. it had nothing to do with joe, but -- how many more times can they continue to same this has nothing to do with joe. is he having dinner with these international business people. is he quoted. he is cited by his son as saying my dad is sitting next to me. we know all the entanglements. sooner or later even kjp is going to get questions what was joe doing meeting with the president and doesn't he look like he flat out lied multiple times when he said he knew nothing about his son's overseas business dealings. i'm not interested in the crack head lying on a gun charge as much as i'm interested in what was that guy doing pretending to be an international businessman making millions of dollars off his dad's name and his last name. >> steve: the gun charges actually going to be the easiest one to prove because he clearly did lie about it. >> carley: he wrote the memoir saying he was on drugs at the time. >> steve: he confessed. federal prosecutions are relatively rare on this kind of gun charge for the most part. so look for, as a stand alone charge. so look for them to be combined with tax charges as well. and, you know, we don't know in the status report it didn't mention any other charges or might they be looking, brian, at the entire biden crime family as james comer refers to it. it's just about the money. it's about he didn't pay taxes on it. and because ever the statute of limitations ran out on a couple of years, they are very limited. >> carley: but the other thing about david weiss is why would he, when he was ready to enter a plea deal with hunter biden and he said he had full authority over the investigation, then when everything fell apart turn around and ask to be named special counsel? >> steve: right. >> carley: the way it was explained to me is that it could be now that he has authority to bring this case to a more favorable jurisdiction like california, hunter biden gets probation and he says that he did his job. >> steve: he says he couldn't do it before. >> carley: which would be so infuriating for other people who didn't pay their taxes and went to jail. >> steve: david weiss said i'm not decider, somebody else. now merrick garland gave him the authority. go ahead. you want to charge him in california or d.c., go ahead. >> brian: just backs up what the whistleblower said. that in a meeting, that there was notes were taken in real time. he said, you know, i'm not able to get special prosecutor status. when i went to prosecute los angeles. brought to d.c. rejected. now he has got the power to do it. here's the thing that is so interesting. comer has to continue to look for the accounts that will continue to amass totals of money that no longer exists and taxes that were never paid. because we don't know how much he actually made until we can unmask a lot of the accounts overseas. and with joe biden's pseudo name that was discovered and 5,000 documents exchanged, there is so much mystery yet to be unmasked. >> carley: and do you remember this from the "new york post"? this was a couple weeks ago, the $20 million web. and you are right. this is kind of hunter but mostly about this big guy. 8.1 million from china. 6.5 million from ukraine 3.5 from russia and we know hunter biden did pay at love joe biden's bills. >> steve: he did indeed. we have the receipts on that as you could see. >> carley: thank you for calling me a kid. >> steve: james comer is trying to build the impeachment case against joe biden separately. i was talking to somebody in congress last night and they said that because they don't have nearly enough republicans on board there are a moderate republicans who say i don't see the there there. they won't take that vote of the impeachment infiery vote on that. instead what they're going to do you know, yesterday we were talking a little bit about how republicans have brought impeachment articles against the president lauren boebert did it in june over the border. so apparently the house is going to take a look at which is in committee and put all the stuff, all the eggs in that basket rather than trying to get a vote because they don't have the votes right now. >> brian: let's talk about what is happening in new york city more than anything else but almost every major city in the country. we have looking at between 4 million and 6 million people here illegally just crossed into our border, we have 100,000 plus crossed into new york. 84,000 estimated to be here now. those kids 19,000 strong plus are entering into new york city schools. many speak spanish. others speak other lang wagets. and now there is guidance to given to teachers in overburdened schools who are believe it or not under financed and we know for sure under performing now they have to absorb 19,000 children and they are probably wonderful kids. who is anti-kid? nobody. but now they are going to burden our system that is already in debt and now there is warnings given out and instruction given out to teachers who are underpaid and under appreciated to this. and these students are coming in, not speaking english. if you speak spanish, good. if not, use some federal funds and get their native tongue. >> steve: it's interesting. because, you know, the city didn't know what they were doing for the most part. they are making it up as they go. they said 19,000 students last week and in the new guidance from the department of education, they said today because today is the first day of school here in new york. expect 21,000 migrant kids. that's 2500 more than just last week. so they have put together what they are referring to as project open arms, and for the most part, you know, there is no estimate of how many kids might show up today. it does say you can't turn anybody away. and, for the most part. these kids are going to show up. some of them not have any supplies. go into the supply closet. get the stuff they need and just pretend everything is normal. >> carley: this is from the department of education. it was a short memo sent to teachers across new york city. and it says students may require assistance with their english language skills. in order to interact with their peers and teachers, acts of the curriculum and express their needs. if available you are encouraged to identify a staff member at your school who can communicate in both english and the family's preferred language. students may arrive without any splice. please consider utilizing title 1 student and temporary housing funds to create care close success or care packages to provide school splice, clothing, shoes and hygiene products/to toiletries. >> they looked at the issue abortion and roe v. wade. the i got it, the dobbs decision. that's what happened in 2022. this decision right now by this administration to collapse the border, refuse to enforce and now allow people to go into the major democratic cities who are sanctuary cities, could be the death knell for this party and flip all types of states and seats. now, president biden is taking the blame and he should. the mayor of new york has been consistently saying i'm getting no help from the state. i'm getting no help from the democratic federal government. but, listen to mayor adams as he shifts blame to a man we know has a tower named after him and used to do his business in new york. listen. >> this issue will destroy new york city, destroy new york city. we are getting 10,000 migrants a month. one time we were just getting venezuela. now we are getting ecuador. now we are getting russian speaking coming through mexico. now we are getting western africa. migrants, this is a national problem it. should be handled by the national government. but let's be clear, this mess is -- is trump republican mess. real immigration reform. i'm hearing those coming out saying eric is right, eric is right. don't pick half of what you say i'm right on. pick the other half that trump republicans created this mess. and we need to fix this mess with real immigration reform. >> wow. i would love to hear how the trump tried to build a wall and illegal immigration went down is responsible for the crisis right now where 110,000 illegal immigrants are in new york city. >> steve: and whether we look at the numbers, bowers 9 numbers are squishy, they are fungible. hard telling how many are actually here and mayor adams blames greg abbott down in the great state of texas for busing all the people. in and we put up a graphic yesterday. and we just heard adams say we get 10,000 migrants a month. the yawsk we showed yesterday was that only 11,000 have been bused by him. and so the rest are just coming on their own once they are released into the country. it's interesting, going back to the fact that today is first day of school. kick in the ed is the cover of "the new york post." they say according to the post, the overwhelming majority of the kids who are going to show up in school today are asylum seekers and an overwhelming majority of the kids were in class last year. so, in other words. >> carley: what does that mean? >> steve: these kids were in school in may and june. they know these kids. they know exactly what they need. thawhy they hired 200 teachers o teach english and 175 who are bilingual the problem is there are so many other languages other than spanish. >> brian: there is no way donald trump is to blame for this. if nothing else, he was so aggressive, you were angry at him for being aggressive at the border. didn't like his tactics because it was sending the wrong message. >> carley: right. >> brian: to the city with the statue of liberty. now you got your liberty. you got your illegal immigrants. and you are blaming the guy who tried to control the border? that is insane. >> carley: that proves that mayor adams takes his political career more seriously he cares about that more than actually resolving this problem. he has been sounding the alarm saying this is draining new york city taxpayer money. he says it's going to cost $12 billion over the next three years if this level -- this number of migrants keeps on coming into the city. he turns around and not only blames the former president who was the strongest when it comes to illegal immigration. >> brian: soon to get rid of sanctuary cities. >> carley: entire platform running for president. is he also advocating for increasing, expediting work visas for illegal immigrants because he doesn't want these people to drain resources. on the other hand, though, if you are doing that, that doesn't sound like a good plan to get people to stop coming here. >> brian: it's a magnet. anyone think down the line? >> steve: ultimately the kids going to show up today in school because there is such a bad amount of planning going into it, essentially all they are going to do, this is going to be day care for them. it's going to be better than the shelter but the kids are not going to be able to learn. that's a problem. >> brian: probably better than what they have got in their country. >> carley: for sure. a pennsylvania school shut down again as the manhunt for an escaped prisoner continues. his insane jail break caught on camera and we've got the video. >> steve: plus, football professional is back. it's my kansas city chiefs vs. the lions tonight. can kansas city repeat as world champs? of course they can. >> brian: all right. we're going to ask the quarterback who knows what it takes, super bowl champion joe theismann always smiling ♪ baby let's go ♪ there are too many options. how do we decide what hotel to book? [poof] fear not, i got you! who are you? i'm your fairy hotel mother. what is happening? let me help you pick a hotel you feel good about. choice hotels is a family of brands, with a hotel for every type of stay. [whoosh] like a comfort with the kiddos. oooo, spacious! [whoosh] or, a cambria hotel downtown for just the two of you. hold my wand. don't wave it at anything. get the best price by booking direct at choicehotels.com -mmm! -yeah! what did i say!?! i need it cool at night. you trying to ice me out of the bed? baby, only on game nights. you know you are retired right? am i? ya! the queen sleep number c2 smart bed is now only $999. plus free home delivery when you add an adjustable base. shop now only at sleep number. i suffer with psoriatic arthritis and psoriasis. i was on a journey for a really long time to find some relief. cosentyx works for me. cosentyx helps real people get real relief from the symptoms of psoriatic arthritis or psoriasis. serious allergic reactions and an increased risk of infections or lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx. if you have this... consider adding this. an aarp medicare supplement insurance plan from unitedhealthcare. medicare supplement plans help by paying some of what medicare doesn't... and let you see any doctor. any specialist. anywhere in the u.s. who accepts medicare patients. so if you have this... consider adding this. call unitedhealthcare today for your free decision guide. ♪ the long-lasting scent of gain flings made it smell like dave was in his happy place... ...the massage chair at the mall. but...he wasn't. gain flings with oxi boost and febreze. every day, businesses everywhere are asking: is it possible? with comcast business... it is. is it possible to use predictive monitoring to address operations issues? we can help with that. can we provide health care virtually anywhere? we can help with that, too. is it possible to survey foot traffic across all of our locations? yeah! absolutely. with the advanced connectivity and intelligence of global secure networking from comcast business. it's not just possible. it's happening. car. >> ashley: we are back with a few headlines. police issuing warrants in connection with killing of a 25-year-old valet sunday. heroin son was shot to death outside a georgia nightclub while trying to stop a car break. in his mom is calling for son's killer to be put behind bars. he needs to be prison in forever. never step outside of prison ever again. i want his mom to suffer. i want her to lose her son. i want her to have his life taken. photos of an armed and dangerous person of interest have been released by police. it is unclear if it is the same person on the warrant. attorneys celeste malloy wins a three way g.o.p. primary for a seat in second congressional district. her victory paves the way for her to replace congressman chris stewart who is retiring later this month. former staffer in his office and supporter of president trump's policies kansas city chiefs hosting the lions. >> can kansas city repeat or is there another team destined for greatness. >> brian: i hate when carley begs. our next guest know what is it's like to win a super bowl. joe theismann joins us. joe, great to see you again. do you get pumped for the beginning of a football season, still? >> i really do. i didn't sleep last night. i don't know why. it's been 35 years. 38 years. and i just was restless all night getting excited about tonight's game. i think the chiefs, steve, they really are the team you got to look at and say okay this is the one that probably has a chance to repeat. don't count out some of the others. i mean seattle has come on strong. detroit, obviously, they are going to play them tonight. travis kelce's health i think is a question mark and an issue, which affected the line greatly but i also think it can effect kansas city. >> steve: sure, absolutely. joe, i'm sure you have seen the new netflix city called quarterback about guys in your line of work. if you don't love patrick mahomes even more after watching that, i don't know what's the matter with you because he is a great guy. and they, you know it, talked about all the troubles they went through last year and, yet, they still were able to pull it off. >> it was -- i mean, it was incredible journey for them. they didn't start that well. people forget that you get toward the end of the season and everybody is like okay this is who they are. this is who they were. i had a chance to spend time with patrick at the american sentry tournament in lake tahoe this year. is he a wonderful man. just the commercial stuff, forget it. just a great person. and he was ready to get back to work. they are all chomping at the bit there. >> carley: yeah. the other show that's on right now is hard knox and it focuses on jets and specifically aaron rodgers. how do you think is he going to do with the jets? >> you know, carley, the history we have seen with tom brady and peyton manchin teams win a championship. people forget the jets had a pretty darn good football team at the end of the day and defense strong. that was the hallmark of the broncos and bucs before those two guys went there i expect great things out of aaron. there isn't anybody under more pressure than aaron rodgers. first of all it's new york city. need i say anything more. secondly the jets that have struggled winning. they really just needed a quarterback. let's face it, it's the toughest position to play in professional sports. and i think a.r. is the guy to get it done there. by the way, he loves the spotlight. he loves new york. he loves everything about it. and he has also had a chance to be able to coach a bit because it's the same system that he had with nathaniel hackett and green bay. a little bit of everything for him. >> brian: i watched some of the housewives series. i don't get caught up in the sports stuff. buff -- [laughter] >> brian, suspects similar. >> brian: let's talk some games on the fox docket. panthers against the falcons features two young quarterbacks desmond ritter in atlanta and bryce young, how dumbed down, how simplified are these playbooks for these new quarterbacks as intelligent as they are. >> desmond in his second year so arthur smith probably won't have to change much. as a matter of fact, they probably added a lot to it. as far as bryce young goes, it isn't just learning the game. it's learning the people around you. the speed is different. asterisk as he is, as a wonderful as a young man as he is, it's going to be up to the offensive line of the carolina panthers to protect him. i don't many qua know many quars throw from the ground. he has to stay upright to get it done. because of his status and ability i'm curious to see how well he will do. >> steve: football kicks off today. national football league. and, of course, watch all the shows on fox this weekend. joe, thank you very much for joining us from "fox & friends" stadium today. [laughter] >> thank you for allowing me to be here. >> carley: absolutely, if you were christmas you couldn't sleep last night. i love that. >> brian: happy birthday this weekend. >> carley: oh yeah happy birthday. >> thanks, guys. >> brian: please send joe cash. that's what you want every year. >> steve: there you go. that tickled him. coming up the clock is ticking for hunter biden. indict the son of the president on gun charges by the end of this month. they first need, of course, grand jury. >> carley: that is right. plus the effort to block trump's 2024 white house run by using the 14th amendment, so is it constitutional? that is the question. >> brian: do you know what i like to do, carley, is ask a legal panel next. is that okay? >> carley: yes. so you only pay for what you need. that's my boy. now you get out there, and you make us proud, huh? ♪ bye, uncle limu. ♪ stay off the freeways! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ [city ambience sounds] [car screech] [car door slam] [camera shutter sfx] introducing ned's plaque psoriasis. [camera shutter sfx] he thinks his flaky, red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. [ned?] it can help you get clearer skin and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing it for nearly a decade. otezla is also approved to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. [crowd gasp] ♪ with clearer skin, movie night is a groovy night. [ting] ♪ live in the moment. ask your doctor about otezla. ♪ chevy silverado has what it takes to do it all. with up to 13 camera views. and the z71 off-road package. ♪ you ok? yeah. any truck can help you make a living. this one helps you build a life. chevy silverado. polly pratts wore many hats. they came from past jobs in fact. every time she experienced something new, her stack of hats grew. she even served turkey legs with what's on tap, all while wearing a viking hat. then she found a place her many hats would be embraced. and she couldn't hide the excitement from her face. so, polly traded in her hats to help earn her grad cap! your past experience can help you earn your degree faster and for less. get started at phoenix.edu. ♪ (upbeat music) ♪ ( ♪ ) woah. ( ♪ ) ( ♪ ) ( ♪ ) ( ♪ ) constant contact delivers the marketing tools your small business needs to keep up, excel, and grow. constant contact. helping the small stand tall. what was it like before viasat satellite internet? two words: not fun. times up. sharing's caring! but now with viasat's new plans, we have plenty of internet. for everyone! more data. faster speeds. available where you live. viasat. rsv is in for a surprise. meet arexvy. ( ♪ ) the first fda-approved rsv vaccine. arexvy is used to prevent lower respiratory disease from rsv in people 60 years and older. rsv can severely affect the lungs and lower airways. arexvy is proven to be over 82% effective in preventing lower respiratory disease from rsv and over 94% effective in those with these health conditions. ( ♪ ) arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakened immune systems may have a lower response to the vaccine. the most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain. rsv can be serious. talk to your doctor or pharmacist about arexvy today. rsv? make it arexvy. ♪ welcome back, everybody. now this. hunter biden could face 10 years behind bars as he is expected to be indicted on federal gun charges by the end of the month. in the latest turn of events since the plea deal collapsed. that happened over the summer as you know. joining us right now to discuss it our legal panel and former federal prosecutor himself katie cher does ski is here along with attorney and former nypd inspector paul are morrow. surprised by september 29th an indictment is coming down against hunter biden? they did have to move forward. the surprise for me is that they actually are going to try to resurrect this diversion deal. i feel like the diversion deal is dead and here is why. the diversion deal language reason lies on the plea deal. we have two documents the plea deal and the diversion deal. the deefertion deal essentially incorporates the plea deal. both sides agree the plea deal is dead it takes the diversion deal with it. without the plea deal being alive the diversion deal makes no sense. >> brian: don't drink, don't do drugs. go to a gun class or something. >> that's right. >> brian: and we won't prosecute. we will eventually expunge your record. >> that's right. >> brian: katie, your thoughts about this gun indictment and then i'm just going to ask you. seemingly gun indictment where is the rest of the stuff. >> david weiss is supposedly looking into a large, broader scale of potential criminal misconduct. >> brian: new status. >> so we thought or so we are being told. this specific indictment is said to just deal with that gun charge and like paul said because of the speedy trial act requires that case actually be acted upon we don't know if they will take other actions against biden for the other finance stuff we are wondering about the status of at this point. >> brian: they this to bring something because of the speedy trial act. and they chose the gun as comer goes through and finds 20 million. he could get 50 million now. does that effect what david weiss is doing. that effects tax charges. if you make $50 million you should pay some taxes i'm a little old fashioned on that. we don't know what that total. >> take this to a really macrolevel. i'm not sure it matters and here's why. the real long play here is the following. just get past november 5, 2024. that's it. they will file appeals. they will drag it out. doesn't matter. if joe biden -- this is why joe biden has to stay there i don't think the guy wants to run. he certainly doesn't look like it. he has got to stay there to protect the ernesto prize. get past 5 november. evidence wins the election. he pardons everybody. he has got it locked in. he won, what has he got to lose? if he loses, he has government nothing to lose. still three months to cut the pardons and then he is out of office. to me, the real play that they are going for and they can't pardon him thought now because it could look terrible lose the elections. to me about getting past 5 november with hunter's case still alive without him looking at jail. if he is looking at jail, they are in real danger. is he capable of anything. >> brian: katie, let's talk about donald trump. the latest attack on him is the 1st amendment. the colorado attorney general says i don't think this guy is eligible to run because we believe he authored an insurrection on january 6th even though he has not been charged on that. in in georgia they said no that's not what we're doing we are letting the people decide. what are the chances of colorado being successful. >> essentially the 1st amendment has a provision that says anybody who has engaged in ax of insurrection or rebellion is not eligible to hold the office of the president that's where that is coming from. it's a very preposterous legal theory in keeping donald trump off the ballot. we have to remember donald trump has not been charged with any sort of insurrection or rebellion. in fact, jack smith, as far as we know, affirmatively considered that charge and declined to move forward on it. there's a failed impeachment on that front argument is left to say we don't need to have a charge tore conviction. we can just interpret it as disqualifying him. >> brian: katie, you seem logical in that statement but liberal judges appointed by barack obama, bill clinton might feel differently, paul. >> what happened to the presumption of innocence? realistically they have just conjured this word insurrection relative to donald trump. none of that has been adjudicated in the courts. >> as katie says, if anything, some of the proceedings have occurred cut against that he hasn't been convicted of anything that puts insurrection word on him. this is a hail merry at worst for donald trump. it goes to scotus. they are going to knock it down and we'll get on with it. in fact, i think it's a bad play by democrats because it's going to make them to look again like they are trying something desperate to get him out of the mix. >> brian: you think? also the attorney general of new hampshire and a primary coming up soon. will there be a temporary pushback on it? we will see. guys, great to see you. >> thank you. >> brian: unfortunately we have nonstop legal cases we will get you up early over and over again. meanwhile coming up straight ahead, coach joe kennedy who got his job back after the supreme court ruled he could pray on the field has quit. the reason behind his resignation straight ahead. plus, what's behind that curtain? hundreds of migrants inside chicago's airport. a local reporter breaks down the crisis making every city a border city. ♪ my most important kitchen tool? my brain. so i choose new neuriva ultra. unlike some others, it supports 7 brain health indicators, including mental alertness from one serving. to help keep me sharp. try new neuriva ultra. think bigger. sleep more deeply and wake up rejuvenated. purple mattresses exclusive gel flex grid draws away heat relieves pressure and instantly adapts. sleep better. live purple. right now save up to $900 off mattress sets during purple's labor day sale. visit purple.com or a mattress firm near you. when you walk up to the counter at the pharmacy and you have a new prescription, you don't know what it's going to cost. that's why i always recommend you check the singlecare app before you go to the counter. i found the cheaper price with singlecare! yes, you did. see. give it a try. go to singecare.com or download the free app today. steve the border battle continues. judge given texas one week to take down the floating barrier. the lone star state isn't the only one in the crisis. black curtain screen right in chicago is how the fourth busiest airport in america is sheltering over 400 migrants. they are on the other side of that curtain. that's up from the 31 that were there in the beginning of august. here to share with what he has been seeing on the ground is our buddy, chicago reporter william kelly. william, good morning to you. >> good morning. thank god. >> steve: so what's the deal? they got 433 migrants at an airport. an airport doesn't have really good bathrooms. i don't know about showers. what are they going to eat? this seems like a dumb idea. >> they are already complaining about the food. steve, it's only -- the o'hare airport is only one of 18 migrant shelters in the city of chicago. and the last time i was at o'hare doing a story, it was on homeless americans living at o'hare. well, the city of chicago has kicked the homeless americans out of o'hare to make room to make migrants, you know, mayor johnson campaigned as the people's mayor. sadly, the people are telling me that he is the migrant's mayor. >> and it certainly looks like that. william, are the migrants on the other side of the tsa check point? do they have to go through security to get to this location they are at? >> i don't think security applies to them. i don't think any of the requirements that americans are expected to background checks or, you know, in all seriousness, the city of chicago has not recovered from the lockdowns and the looting of lightfoot. now we are in the throws of the violent crime and the migrant crisis of mayor johnson. this is, you know, there are millions upon millions of dollars being spent on this migrant crisis. nobody knows where the money is going, what it's being spent on. there was a time where millions upon millions of dollars would at bear minimum need to be somehow accounted for. but, you know, sadly, mayor johnson must have taken mayor lightfoot's course at harvard on media relations because he won't answer my questions. >> steve: famously would not answer your questions. so, the big question is with all those migrants there, you know, and given the fact that today here in new york school is starting and you got to wonder those 433 migrants out at the airport, i'm sure there are some children there. not like they are going to, you know, go over to hudson news to learn school. >> it is horrifying on every level. one of the migrant shelters in chicago is directly across the street from my building on michigan avenue. so i look out the window, and it's like a scene from mad max every single day. so, it is a fail on every level, and sadly, the concerns of the people of chicago are being completely brushed aside. >> steve: william, just one real quick final question. we just played a soundbite a little while ago of mayor adams here in new york blaming republicans and donald trump for the border crisis in new york. who in chicago do the people of chicago blame for this? the mayor? >> well, the last republican mayor in chicago was about 100 years ago, steve. i'm sure that it's all his fault it really is a fail on city and the police are not able to baby-sit the migrants and arrest the violent criminals at the same time. so the people of chicago are suffering today, steve. >> steve: and you can really tell that william kelly, sir, thank you for joining us today from chicago. >> thank you. god bless you. >> steve: god bless you. 11 minutes before the top of the hour. ashley starts with that manhunt still missing. >> ashley: yeah, steve. at least one school remains closed in pennsylvania as manhunt f for convicted killer hits one meek. video shows don done cavalcante. praying coach joe kennedy who recently got his job back after winning a supreme court case is now resigning from his position. coach kennedy claims pressroomerton high school says it's apparent that the reinstatement ordered by the supreme court will not be fully followed this after a series of actions meant to diminish my role and single me out in what i can only believe is retaliatione second seed arena savalinka for a spot in the finals tonight. third seed on the men's side danielle medvedev given a stark warning during his match about the sweltering heat. the players are facing this year. watch this. >> i cannot imagine. one player going to die in this heat. >> ashley: temperatures neared 95 degrees yesterday with more than 50% humidity. that's the hottest day at the open so far this year. and on that note, we're going to check in with janice dean who is looking at the weather for us. what's our forecast for us, janice. >> another hot day at the u.s. open. take a look at it right now. temperatures already 80 degrees in new york city. we are warmer than jacksonville, warmer than new orleans. you know, 82 in houston. not warmer than them. heat alerts for the i-95 corridor philadelphia, new york, up towards hartford and banger, maine. here is the u.s. open tournament forecast today 95. setting a record today. tomorrow we have a front that moves through. so temperatures will be into the 80's but we're still way above average. 79 is the daytime high for this time of year with that cold front across the northeast, the potential for showers and thunderstorms in the forecast for the u.s. open tomorrow and into the weekend and then the warm air is going to persist for parts of the southwest and the southern plains. hurricane lee my friends. category 1 hurricane. 81 minor sustained winds. watching this one becoming a category 4 border wall category 5 as we head into the weekends. and the east coast needs to monitor this the bermuda. keep you up to date fox weather.com. it is hurricane peak season. >> steve: cone of uncertainty is very uncertain. >> janice: very uncertain past five days. >> steve: j.d., thank you very much: coming up on this thursday from fashion mecca to crime central. the unsettling transformation of beverly hills thanks to high price heists. we will talk to dean cain about that. first, how often do you ask your kids what do you want to do when you grow up? instead, our next guest says you should ask what type of person do you want to be? emmy award-winning journalist paula fares is going to join us live. she is outside where it's 76 degrees on this thursday. ♪ everyone to lighten up ♪ eumatoid arthritis symptoms. with my psoriatic arthritis symptoms. but just ok isn't ok. and i was done settling. if you still have symptoms after a tnf blocker like humira or enbrel, rinvoq is different and may help. rinvoq is a once-daily pill that can dramatically relieve ra and psa symptoms, including fatigue for some. it can stop joint damage. and in psa, can leave skin clear or almost clear. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least one heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. done settling? ask your rheumatologist for rinvoq. and take back what's yours. learn how abbvie could help you save. (♪ ♪) you inspired the lexus es to be, well ... more you. so thank you. we hope you like your work. (♪ ♪) [it's the final game, folks. this one wins the series.] struck out with the cheap seats? important things aren't worth compromising. at farmers, we offer both quality insurance and great savings. (crowd cheers) here, take mine. (farmers mnemonic) they say seeing is believing, but with stearns & foster® that's only part of the story. we handcraft every stearns & foster® using the finest materials, like indulgent memory foam, and ultra-conforming intellicoils®, for a beautiful mattress, and indescribable comfort... every single night. stearns & foster® ... what comfort should be during our labor day sale, bring home incredible comfort with savings up to $800 on select adjustable mattress sets. learn more at stearnsandfoster.com i'm jayson. i'm living with hiv and i'm on cabenuva. it helps keep me undetectable. for adults who are undetectable, cabenuva is the only complete, long-acting hiv treatment you can get every other month. cabenuva is two injections, given by my healthcare provider, every other month. it's really nice not to have to rush home and take a daily hiv pill. don't receive cabenuva if you're allergic to its ingredients or if you taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions post-injection reactions, liver problems, and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection-site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. ready to treat your hiv in a different way? ask your doctor about every-other-month cabenuva. every other month, and i'm good to go. having triplets is... -amazing -expensive. so, we switched to the bargain detergent, but we ended up using three times as much and the clothes still weren't as clean as with tide. so we're back with tide, and the clothes are clean again. do 3x the laundry and get a tide clean. it's got to be tide. (vo) in three seconds, janice will win a speedboat. (woman) bingo! i'm moving to the lake. gotta sell the house. (vo) ooh! that's a lot of work. (woman) ooh! (vo) don't worry. skip the hassels and sell directly to opendoor. (woman) bingo. (vo) get your competitive offer at opendoor dot com. >> carley: here's a question. how often do you ask your kids what do you want to do when you grow up? well, our next guest says you're asking the wrong question and her new book, hoping to help parents inspire their kids to look beyond career goals. kerry media founder and author of "who do you want to be when you grow up" paula faris joins us now. paula, good morning to you. congratulations on this book. tell us about it it's a great message. >> we live in a society where our work is our work. and our calling. all this pressure to do and accomplish and spotlight and accolade and achievement that passed on to the kids. i have three kids hey do you want to do when you grow up as if that's the only thing our kids are -- only thing that defines you. >> it's not. so i was like what's a better question you can ask. how about who do you want to be when you grow up? what kind of person do you want to be. that's what i want to encourage kids and even parents to think about. kind of reframe and remind us what is most important the kind of person we want to be when we grow up. our unique talents and gifts are so much more than our job. >> carley: character is more important than career. career is important, too. to have a good character, everything else falls into place. >> that's right. >> carley: i believe you have excerpt to read. >> from i do. the book is about a little girl named lina, career day at school so stressed out because she has to figure out what she wants to do. along the way she realizes who i want to be is more important. i don't know exactly what i want to do when i grow up, but i know the kind of person i want to being and the things i care about. i love helping people. i'm curious. and i like to learn about new things. i like math. i like cheering people up when they are sad. and here's what else i know. i don't want to do just one thing for the rest of my life. can i do a whole bunch of different things she says. so she comes to this relation re wants to be. >> it's not just for kids i'm sure a lot of paris are going to be like this is totally true. this is eye-opening to me as well i remember when i was pregnant rachel campos-duffy gave me the best it's not your kid into harvard it's your job to get your child into heaven. >> that's really good. remembering to praise the right things not just when they do good on their essay or they do good on the sports field but like really praising character when they're holding the door open for strangers when they do something nice for their sibling. do something nice. praise the right things and encourage them. there is a whole section in the back to help parents guide them. >> carley: worksheets that come with it? >> worksheet and section at the back to help kids be guided. >> carley: this book comes out next week the 12th. >> on tuesday. >> carley: you also said something very important about the proceeds for this book. where are are they going. >> i'm excited to shine a light on the messages boils and girls club of america. i'm a trustee of the boys and girls clubs. i have been ardent supporter. i believe kids are our future. 100 percent of my author proceeds in perpetuity from this book will go to the boys and girls club of america. car carcinoma if you buy this book your money is going for a good cause. great meeting new person for the first time. the second hour of "fox & friends" starts right now. don't tell them i didn't have it on when i walked in. >> president biden again flouting cdc mask guidance and joking about it. yesterday, too biden removed his mask to honor an 81-year-old vietnam veteran. >> he left to minimize full contact with attendees. >> investigating the bidens is like tracking a bleeding bear through a snow storm.