>> ainsley: the president's son indicted on nine tax related charges three of them felonies brought by special counsel david weiss. >> the defendant spent this money on drugs, escorts, girlfriend, luxury hotels and rental properties. exotic cars and clothing and other items of personal nature. everything but his taxes. >> brian: accused of paying $1.4 million in taxes over a four year period. latest indictment could mean big trouble for the biden campaign. >> it's got to be a nuclear bomb going off for the president biden family. it's got to be for a politician gearing up for re-election. >> brian: you would think. hunter fairs up to 17 years in prison on these charges. >> ainsley: bring in francey hakes a federal former prosecutor. thank you so much for waking up this early with us, francey. the president has vowed to crack down on this type of thing on people who cheat their taxes. look at his own child he is the poster child for this. what is your reaction? >> my first reaction, of course, in reading the indictment. it's very clear that hunter biden has utter contempt for the laws of this country. because of he completely disregarded what all the rest of us have to do, which is to pay our taxes. meanwhile, he was engaged in this prof will he gatt spending spending millions of dollars in a very short time period spending cash on? to knee shows he knows he is privileged he knows he is the vice president's son. and the law. >> lawrence: goes through detail of his accountant trying to tell him pay his taxes and then the ex-wife gets involved because he is supposed to make the payment for the alimony and the kids' tuition there then there is insufficient funds. goes down to this she is telling him you really need to pay your taxes. when i can pay my taxes, i will pay my taxes. i'm sick. i'm struggling to pay your alimony and all the girls' expenses. then there is a detail line item of all the stuff that he was spending while he said he couldn't even make the alimony payment of the prostitutes and all the porn and all that stuff. my question for you is this. does the court look at this differently when you have a defendant that was so open con with his contempt for the law? >> that might come in at sentencing it shows very clearly that he has contempt for the law. in fact, i don't think he ever would have paid any of his taxes but for the fact that there was a lawsuit against him, a paternity suit in arkansas where his financial records were required to be proven in court so that the court could decide what his payment to that child for child support would be. otherwise, i think he would continue to show contempt. because he knows that daddy is going to get him out of it. >> brian: so the thing is, this actually sounds low in a matter of the money that we heard exchanged over the last few years from other countries, kazakhstan, ukraine and china. i'm thinking this guy, there is much more here. what about the fact that this is the indictment, these are the charges, three of which are felonies could more be to come? could this be unfolding investigation? >> well, i have to hope so, brian. because what you can see from this indictment is very clearly the special counsel had much access to hunter biden's financial records and all those myriad of llcs and bank accounts that he set up. >> so they have seen those. my question is where are the charges reflecting foreign violations. >> brian: they are not there. >> no. bribery or public corruption? so are those to come? because it looks to me like the special counsel should have evidence of what looks like a public corruption and money laundering scheme. but those charges are nowhere to be found in the indictment. >> ainsley: jason smith, republican from missouri he said this is far from over. hunter attempted to evade justice by attempting to conceal his income and failing to pay taxes and selling the biden name. imagine if this were your dad and your mom is asking for him to make alimony or child support payments and then he says i don't have the money then found out almost $200,000. that's like 8 times what the imagine american makes. clothing and accessories 400,000. women 680,000. and cash and atm withdrawals about 1.7 million. what happens next, freans. does he plead 5th. >> he is contemptibility human being pay for his prostitutes and drugs and lavish live lifestyle and porch instead of his children i hope what is next is accountability. the department of justice has wiggle room. it's a tax case not a violent crime. interesting to see what kind of sentencing they recommend when you contrast it with the januarl thront book. next for hunter might be congressional testimony. i think he will take the 5th. i think that's great point now that these charges are pending. >> lawrence: francey, what's the defense here. abbe lowell is already saying this doesn't happen if it's not the president's son. many of us would make the arguments that he would have been prosecuted five years ago if i were not the president's son. >> i think he would have been prosecuted a long time ago if he weren't the president's son. we can see it in the drip, drip, drip and charges that aren't reflected because of the statute of limitations was allowed to run on some of the more serious charges from 2014 and 2015. >> brian: a couple of things. on for addicts going to say he is addicted the drugs that's the old me. this is the new me. a lot of the addicts you walk walk by on the trains stuck in the subways. doing drugs and no longer partying. in the beginning you start partying. after a while you become isolated you just do it because you are addicted to it. this is abhorrent behavior, but this is playboy behavior. this is guy choosing to party, when you are addicted to drugs and alcohol, that's an isolated -- oftentimes an isolated experience. they become more than important than anything else in your life. to me, alcohol and drugs were just one of the things that he was doing despicable. this guy is living the life there are no ramifications. eric holder said last night with this indictment i probably don't show up behind closed doors in front of congress. i don't even show up in public. this is now his excuse not to go and testify in the oversight committee. do you think it's his excuse? >> well, i think it's a great excuse. i think it's a convenient timing since he has been subpoenaed by the committee. but, also, this reminds me, brian, that he is sort of too big to fail. this indictment also shows us how many times he got bailed out by mystery donors. >> brian: still. >> who didn't pay their taxes because they have been paying hookers who gets bailed out by millionaires and billionaires. he should owe taxes on that as well. >> brian: # $.9 million in legal fees. most expensive attorney in washington and he is retaining him? how does he do that and cry poverty when it comes to his paternity situation? >> ainsley: how does this effect joe biden? that is really the question. look, a lot of questions have had wayward kids probably in the past. the connection to biden is what is important here. do you think there is any connection? do you think he was taking some of that cash out, giving it to his dad? you know, i don't want to accuse him of that because we don't have proof of. that is this connected to the president in any way, francey? >> well, from what i have read from what the committee has been releasing on the hill so far about email transactions. and financial transactions between hunter biden's companies and the president, it looks like he could be involved in some kind of money laundering or corruption scheme. i think they are going to continue to look at it. i don't think we are going to see hunter biden testify on the hill any time soon. and i think his main defense will be i'm a drug addict. feel sorry for me. it's so sad. my brother died. i had a tragic accident when i was a child. my mother died. feel sorry for me. i'm a poor, poor, pitiful person. instead what he really is a rich kid who grew up the son of a senator and the vice president and has shown over and over again that he believes he is above the law and so far it looks like he is right. >> brian: raskin, nadler, is he a bad guy done some bad things trying to isolate it. >> ainsley: most people in prison had really terrible child hoods you can say that in court but you still have to be held accountable for your crimes. >> brian: francey, thanks so much. >> i would hope so. >> ainsley: scary moment in california when a truck plows into a crowd christmas parade tell you how that happened. >> lawrence: trump compared biden wants record border drifsz. this i urge people to look back into the history of ellis island. we were processing much more people than we do now. such a long time ago with worse technology. >> lawrence: the data disagrees. the awful comparison next. >> yes. and a baseball legend is hoping to turn a california senate seat red in 2024. i'm talking about the first baseman, steve gearve. will he get out of the dugout and turn that blue state red? 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oh yeah. order at weathertech.com and don't forget weathertech gift cards. >> carley: back with your headlines. israeli defense forces are ramping up attacks on hamas hot spots saying they have hit more than 450 targets in the past 24 hours. but u.s. officials are reportedly worried that some americans being held hostage in gaza will be stuck in the war zone as talks to release them reach a stalemate. over the last few weeks. dozens of hostages have been released there are still more than 130 still being held entering their third month of captivity. and new overnight. a man is in custody this morning after driving a pickup truck through a crowd of people who were waiting for a christmas parade to start last night in bakersfield, california. at least three people hurt one reportedly in critical condition still this morning. witnesses say they saw the driver and he smelled of alcohol. police eventually arresting the man on suspicion of a dui. and to thursday night football. the new england patriots using three touchdowns from cornerback zappy to take down the pittsburgh steelers 21-18. it is just the third win for the patriots all season. much to the display of patriots fan this one hurts new england's chance for the top draft spot next year as the bears who own carolina's pick now have a two game lead for the coveted prize. those your headlines, ainsley, over to you. >> ainsley: thank you so much, carley. this week, 12,000 people crossed the border illegally in a single day. the highest number ever. now one democrat is comparing the crisis at our southern border ellen island faced. >> this is happening right now. what should we do to stop this? >> we do need comprehensive immigration reform. we need make sure we get them more resources to be able to handle what we have been seeing. i always encourage people to look back into the history of ellis island. we were processing much more people than we do now. such a long time ago with worse technology and we're able to do. this we just got to get down to it. >> here with reaction is retired border patrol agent chris clem. can you believe that? back in the day ellis island was open in about 1900 people were coming over every single day. we saw 12,000 come across our border in one sector this week. in one day. nonsense and classic virtue signal. ellis island over 60 years, 12 million people were processed. we three quarters of there in the last three years under this president. i mean, coming off the heels second re industrial revolutionary we needed people. we needed family units. this is not what we are are seeing today. people a ride at ellis island they were stopped on the ship before they even got there to be quarantined for medical. so to compare that is just classic virtue signaling a lot of elected leaders. one particular party has gotten the handle on that really well. >> ainsley: they talk about that if you visit ellis island you see the names on the wall. you had to be vetted. you had to be quarantined and go through medical checks. we are not seeing that at our southern border. >> they are coming in illegally. that's exactly what they're doing. they are getting eventually taken into custody by border patrol and there will be medical screening biometrics. they just are going to do their job. we don't have any room at the inn that we talked about because defunded ice. they reduced the detention capacity basically caught and released and got a hearing a couple years down the road. we have incentivized illegal immigration this administration we need to secure the border. get that fixed and get it done right and got to table to address immigration. >> ainsley: what's your reaction when you see being interviewed by fox news reporters on the border and they say thank you joe biden. we love you joe biden. >> it is what it is. it is frustrating because we hear one thing from the administration that they are doing everything they can to secure the border. yet, this is just reinforcing that they are not doing that what they're telling the american people and what actually is happening on the ground are two different stories. and you are hearing it from the migrants themselves. >> ainsley: scary for what's ahead. the future of america. we saw what happened in israel. when you talk to experts like yourself and you say this is very scary could that happen here, are they coming here? and they say they already are here. >> yeah. i was down in lukeville where it's been pretty hot the last few days in regards to traffic and what i saw was 500, 600 people on the ground mostly military aged men 18 to 45-year-old men from all sorts of countries all over the world and, yeah, i mean, again, if we don't have room at the inn and there is not immediate opportunity to remove them, which there currently isn't, that is kind of scary, right? we are going to do the best we can to run checks to see who they're. but the vetting process is going to take a lot of the time. based on what i understand and what i'm seeing and even what i experienced. we are not going to have that time and they are going to be released let's continue to support our men and women on the frontline the border patrol that are doing the best they can under the circumstances they are faced with. >> ainsley: they are released here for a long time before they go to court. and most of them don't show up for court. chris, thanks so much for coming on. have great weekend. >> thank you, you too. >> ainsley: white house scrambling to distance itself leader praised hamas terrorists. live report from washington. first, mll legend giving g.o.p. star power in a california senate race. >> it's time to get off the bench. it's time to put the uniform on. it's time to get back in the game. >> steve garvey jumping from to the field. he's next to tell us about getting back in the game. ♪ ♪ my a1c was up here; now, it's down with rybelsus®. his a1c? 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