>> harris: we begin with a question. what about bob? the house gave republican george santos the boot. now many people are asking why is accused felon bob menendez still in the senate? he is the democrat senator with gold bars and cash stashed inside his home. some dirty details now are coming out and for one exactly where the gold bars came from. i'm harris faulkner and you are in "the faulkner focus." congress established a new precedent last week by expelling george santos even though he is not convicted of a crime. the case hasn't happened yet. taking the power right out of the hands of the courts and the voters to decide on him. bob menendez has a rather unique legal predicament. he has been indicted before more than once. this time on corruption-related charges. the democrats are in no apparent rush to give bob on the left from jersey the santos treatment except for one liberal senator john fetterman of pennsylvania. fetterman has been the one outspoken dem since the story of bob from new jersey broke. >> how can you eject santos and not really have any kind of actions for a real sleaze ball like menendez? >> harris: he hit social media i thought my ethically challenged colleague. i have a seasoned expert, george santos, now doing on line cameo messages. fetterman shelled out $343 for this sick burn. >> bobby, look, i don't think i need to tell you, but these people that want to make you get in trouble and want to kick you out and make you run away, you make them put up or shut up. you stand your ground, sir, and don't get bogged down by all the haters out there. stay strong. >> harris: now to the facts of the alleged contraband federal agents found in senator menendez's home. senior congressional correspondent chad pergram live from capitol hill with more. chad, great to see you. >> good morning. a confederate or convict? that was the standard for decades to be expelled from congress. no more after the expulsion of george santos. so why should the senate allow menendez to stay after the house kicked out santos? >> he believed he was empowered or he could get away with it and just continued to get even doubling down on being sleaze. i guess you must try really try, trying really hard to get expelled in the senate. >> the morning menendez denied that the bars of gold seized in the f.b.i. raid of his home were tied to other alleged crimes. >> the report is factually inaccurate and we look forward to proving it at trial. >> your colleagues say you should resign. >> colleagues got questions about the fitness of menendez to serve. >> there is one thing jersey hasn't done is send me to the senate. i don't know their rules. >> he is your senator. >> if i go to the senate and you want to talk about the senate. >> this is your own senator. >> i got it. but i have -- i got it. i'm not in the senate. i don't any of their rules. >> menendez can still receive classified briefings on issues like ukraine and there is no investigation by the ethics committee. >> the senate has standards as to proper behavior and senator menendez's behavior has fallen way below that. >> mitch mcconnell called the menendez issue an internal democratic problem. the son of the senator, representative rob menendez could endorse new jersey tammy murphy for senate instead of his dad. harris. >> harris: great reporting. thank you very much. a new opinion piece on the menendez controversy is titled the ethics mirage in washington. it reads in part expel menendez from the senate? demand his resignation? not on your life. chuck schumer made the irrelevant observation that menendez has the right to due process and fair trial. the evidence is damning and overwhelming schumer said. he has had serious discussions with menendez. what could he have to say other than get a good lawyer? but call for his resignation? never. power panel now charlie hurt, fox news contributor and washington times opinion editor and mark penn former pollster for president and hillary clinton. good to see you both. what about bob, charlie? >> well, it is kind of interesting. sort of funny that america is turning to congress suddenly for ethics lessons and this is what you get. i think the whole effort to get rid of george santos was among all the problems facing our country today it was kind of the least of them. but the real thing here and the real reason -- i don't think bob menendez is going anywhere, has more to do with the fact that we just passed an interesting milestone this week where vice president kamala harris has broken the record for the number of tie votes that she has broken as vice president, as president of the senate. that factor and that factor alone is why democrats in the senate are not going to go anywhere near touching bob menendez. they will hide behind -- i kind of agree with them -- that we should just let -- it's an election year, let his voters throw him out of office. i like that a lot better. i think it's a far more democratic way of doing it. they won't go anywhere near it. when democrats are faced with the idea of losing one vote in a chamber where they have to bring in the vice president more than any other time in history in order to break votes, they aren't going to do that. >> harris: mark, we saw the majority shrink on the side of the right with george santos' departure. i asked one of those who voted against him, what happens if the court finds him innocent of the charges? you took the hands -- the power out of the hands of the voters to decide what would happen with george santos. what is your thought on it? >> kicking santos out was a bold move. republicans will likely lose that seat. i think it will flip back to democrats. they made a sacrifice. maybe he could get acquitted but his stuff was so egregious in terms of misleading the voters that it convinced 2/three or more of the members he should be out. on the senate side, menendez is protesting vigorous innocence. >> harris: he has been through this before. he has a rich history being in legal trouble. i don't think you can compare the situation with the two men. having gold bars? we'll learn more about what he had from a former crime. there is so much going on with that case and then the ties to egypt and all of that. are you saying that even without a conviction you think bob menendez should stay in the senate? is charlie right, you want to do that because your vote is so slim. >> look, i don't think the voters of new jersey will let him stay there past next year. i think democrats do not have to pay a political price here. they would recover democratic seat. would appoint a democrat. would win -- a safely democratic seat. i wouldn't say that necessarily this is decided yet. as more comes out in the case menendez might get thrown out. >> harris: he gets due process and george santos didn't. let's move forward. countdown to the iowa caucuses 40 days from now and former president donald trump continues to lead his republican opponents by a large margin. last night he went after those challengers during a town hall with sean hannity. >> from the enthusiasm in the polls we'll win by a lot. we have crowds that are incredible in iowa. we were here last week and we had overflow crowds. other candidates have like seven people standing on a farm and they are talking. >> harris: and trump also took aim at president biden. >> do you think in 11 months he will be their candidate? >> i personally don't think he makes it. i think he is in bad shape physically. we have a man that can't put two sentences together and doesn't know he is alive and he is backed up by the media. i see biden talking about maga, maga. maga means make america great again. that's what it means. [cheers and applause] that's what people want. >> harris: if biden was hoping that the maganomics was going to backfire, it worked for him. it did backfire. if he was going to try to keep it from happening i don't know what his plan was, mark. >> look, trump has to make it through new hampshire and got a good position in iowa. but this primary is not over yet and for the first time now he is showing up with voters and real televised events. nikki haley is showing a lot of momentum. you never know. >> harris: i want to ask my team to pop that up with nikki haley. and the former president also was responding to his challengers as i said. look at the potential match-up versus president biden. she is outside the margin of error in every single one of these except for very close in georgia obviously beating biden. she beats biden by more percentage points projected than donald trump in almost all of them except for nevada and georgia. so charlie, what is your take on this? >> well, the problem for her is she still has to get through the republican primary. i think when you look at those numbers and if ron desantis flames out in iowa, which he very well could and banked everything on iowa, a lot of those desantis voters are going to end up going back to trump. i think that percentage of votes that nikki haley has, that is the true hard core anti-trumpers within the republican party. i don't think it gets much higher than that. that dooms her. >> harris: quickly, the president was asked, trump was asked last night about would you be a dictator. he said only on day one he wants to deal with the border. after that i'll move on. your quick thought, charlie. >> i thought that he was being funny about that because of course it's sealing our border is not a dictatorship. i thought it was amusing. >> harris: republican lawmakers are still -- congresswoman stefanik making waves and headlines going hard at the presidents of those elite expensive universities. >> do you believe that type of hateful speech is contrary to harvard's code of conduct or is it allowed at harvard? >> it is at odds with the values of harvard. we embrace a commitment to free expression. >> harris: a lot of questions about the apparently unchecked anti-semitism raging on the campuses, not so much when it comes to answers, though. congresswoman stefanik in "focus" later this hour. from pep in their step to shine in their coats, when people switch their dog's food to the farmer's dog, the effects can seem like magic. but there's no magic involved. 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"fox & friends" co-host brian kilmeade is standing by. senators fired up yesterday. they went after f.b.i. director christopher wray with the memo targeting catholics as domestic terrorist. he said they were looking into an individual talking about violence, not as a group. josh hawley bringing the heat. >> how many other parishes have you gone to to talk to choir directors for heaven sake? answer the question. >> no, i don't know the answer to that question. as soon as i saw it, i was aghast, i had it withdrawn. >> you were aghast. what have you done about it? did you fire the people who wrote it? have you fired anybody involved in it? >> if you would give me a chance to answer. >> it is not hard. you haven't done a darn thing or fired anybody. you admonished them. they were admonished and their respective supervisor were told to engage with the human resources division. oh, i feel much better. they've been sent to bed without food. >> that was senator hawley from missouri showing something to the f.b.i. director. brian kilmeade, your take on how it played out on capitol hill and where this goes next with wray. >> thanks for having me on. it would be so much better if christopher wray said there have been regrettable incidents but not systemic. the catholic issue. when i found out a choir director and priest and i was aghast and then talk about punishment. instead you wait for a senator to bring it up and act defensive. you should be. it is indefensible to think a choir director and priest are shaken down to get information on a parishioner unless he was a serial killer, which in this case was not the case. instead christopher wray plays defense. he couldn't answer the question why did you say the biden laptop was real? i don't want to be part of the news. by not getting ahead of this you are the news. i watched that sound bite not that to the extent but i watched versions all day yesterday. it doesn't help his case to make them think the f.b.i. is straightening out his act. it makes others, haley, desantis and ramaswamy say when i get in there he is gone. >> harris: the head of dhs, asked about 87,000 missing migrant children, it is that sort of shock and awe and i'll look into it answer. it is called impotence when it comes to one's job. that's what it looks like. >> i'm glad you brought up the kids. if there were a handful of kids missing during the trump years it was too many. i have agree kids are in trouble. but we have tens of thousands off the grid. we know there is human trafficking happening in this country and people making money off it. how is that not making an emergency situation for any lawmaker on capitol hill? i think the messaging from republicans should be better right off the bat. also impeaching mayorkas is a waste of time. he is not the problem. he is the one doing the policy. >> harris: the emergency is next november is what they are all focused on. bombshell new information if house republicans they say record show then vice president joe biden used aliases to communicate with hunter biden and his business partners. biden reportedly used the alias accounts 327 times. he had that much time? they found that 54 of those emails were between him and eric -- shocking new information as well. he says hunter biden got 4.9 million from hollywood lawyer kevin morris. no clarity on the big cash and what all of it was for. here is ziegler yesterday. >> i will say this again and again that this is much bigger than the hunter biden investigation. this was not a personal attack on hunter biden but a call for change. what we are presenting in our whistleblower complaint should scare and give concern to every american regardless of your political affiliation. providing evidence that our justice system is broken and not treating everyone the same. >> harris: republican leaders say the house will likely vote to formalize the impeachment inquiry into president biden next week. imagine all this will go into that. >> what's so interesting, james comer could have said the same thing. they are out to get biden. but when you have two i.r.s. whistleblowers with impeccable records apolitical who continue to come out with this thing called drum roll please fact and say this is what a forensic investigation is for boring most of us who aren't good accountants have a hard time accruing our taxes, these guys are. this is suspicious. i want to ask you something. how many times is joe biden going the lie to us before we say he is a liar? he looked at the camera during the debates and 51 intel experts wasn't the laptop. now he says he has nothing to do with his son's business dealing and dealing with his son's accountant who decides who gets paid what. joe, you will need money to give to hunter here. the traffic cop who has turned on the family. interesting behind closed doors. after a while no reason to call hunter, there was emails to go directly at him as well as text messages. he was using air force two as a corporate jet flying around executing deals. he lied to us multiple times. what else is he lying about? this isn't gray area or twisting words. i will have nothing to do with my son's business dealings or my brother's. harris, this is over the top. >> harris: i haven't asked anybody quick. how much time do you think republicans have to make the case before you are really into the season next year of a presidential run? >> i think after the conventions. this is still coming up in august and june, september. i think it's good to impeach him is ridiculous. look into it, yes, expose it, yes, i am peachment, waste of time. >> harris: we've simulcast on