that president biden retained and disclosed classified materials from his time as vice president. the justice department declined to bring charges in part because, quote, at trial mr. biden would likely present himself to a jury as he did during our interview of him, as a sympathetic, well-meaning, elderly man with an important memory. president biden addressed those remarks in a rare primetime press conference. president biden: i am a well-meaning elderly man, i know what i m doing. i am the president, i put this country back on its feet. neil: dan heninger and kyle peterson, what do you make of this report? at least the decision not to prosecute and the reasons for it? dan:this is an exercise in prosecutorial discretion, that trump was indicted primarily for lying or misleading the fbi and instructing others to. that is a crime. whether keeping classified documents is a crime, or one that has been prosecuted, is a different question. that is included in the indictment of
senator mike lee, republican of utah, still addressing the senate floor. he s been at it more than an hour now. but the package leaves out money or changes to the southern border. a key vote to advance legislation set for tomorrow. the latest package following bipartisan border bill this a collapsed in the senate last week, the fallout testing republican unity. later in this hour we will talk with republican oklahoma senator markwayne mullin of the armed services committee to break it all down and what he expects in the vote. but first, we begin with the migrant crisis is that is fueling crime in cities far from the southern border. police in new york city arresting a 15-year-old migrant from venezuela. they say he opened fire inside a busy times square store, shots hitting a tourist, then shot at a police officer who was chasing him. that migrant will be charged as an adult. this is a brand new hour of fox news live. i m eric sean. eric shawn. molly: i am molly line. t