i'm shannon bream in for bret baier, former president trump tries to get classified documents case dismissed. democrats divide exposed in the most expensive house primary race in history how research in space can help athletes here on earth. ♪ >> we begin went to a split screen. ahead of the first debate of the presidential election cycle scheduled for next thursday in atlanta. president biden is hunkering down at camp david for the weekend to prepare. while former president trump will be campaigning in philadelphia, considered a biden strong hold. senior white house correspondent peter doocy starts us off tonight. good evening, peter. >> good evening, shannon. for the second month in a row, the former president donald trump has outraised the current president joe biden and part of this trump fundraising haul is a single $50 million donation from the billionaire timothy mellon, that is considered one of the biggest political donations ever. >> mr. president, how is debate prep going? >> peter: president biden continues studying, former president donald trump appears to soften part of his immigration policy. >> what i want to do and what i will do is you graduate from a college, i think you should get automatically as part of your diploma a green card to be able to stay in country. and that includes junior colleges, too. >> peter: that's in contrast to a bold promise to have dangerous illegal immigrants removed. >> we will get them out as fast as we can we will have the largest depoor nation station. we have no choice. >> when you let in people that come out of prisons for murder, it's not going to end well. >> registered voters favor trump biden immigration 9 points new fox news poll. biden is called out by the half sister of rachel morin the mother of five murdered allegedly by illegal border crossing. >> . as far as i'm concerned, my administration has a lot of rachel moreen want. >> urging the former president to prep some punch lines for the current president. >> do you really believe your uncle was eaten by cannibals, my advice would be deal with biden with humor, not with anger. because biden is pathetic. >> disagree. >> i assume is he going to be somebody that will be a worthy debater, yeah. i would say so. i don't want to under estimate him. >> peter: biden's personal attorney bob bauer who played biden in last debate trump not giving anything out. >> what do you think biden's weaknesses is in the debate. >> i can't speak to that. >> peter: president biden isn't speaking to that or anything any time soon either, his debate prep appears to be fully immersive at camp david which is different than trump's approach. is he going to be out on the campaign trail tomorrow visiting the city that president biden has gone to more than anywhere else. philadelphia, shannon? >> shannon: okay. peter doocy, live at the white house. thanks, peter. we have new information tonight about the killing of a 12-year-old girl in houston. allegedly at the hands of illegal immigrants. the latest in a series of high profile crimes that appear connected to the border crisis. senior correspondent mike tobin has the details. >> just 12 years old, court documents say jocelyn nungaray was lured under a bridge in houston. her killers were with her two hours before she was strangled and dumped in a bayou. suspects 2 #-year-old franklin pena and jose martinez. and ice official says the venezuelan men crossed into the u.s. illegally at el paso. pena was apprehended in may. martinez was picked up by border patrol in march. both were released into the u.s. with a notice to appear in court and then arrested for jocelyn's murder on thursday. >> if there was ever a circumstance where do you not give someone bail, this is it. >> jocelyn snuck out of her bedroom sunday night. it's not clear how she made contacted with pena and martin yes, sir. they were tracked on surveillance video all the way to the bridge where jocelyn died. her body was found on monday. >> give her a big hug. a big hug. probably wouldn't let go. >> in queens, new york, christian inga-landi chased down by citizens. >> as he was running away we were trying to hold on to him. >> inga-landi ecuadorian caught in 2021 in eagle pass and released. if february of 2022 a judge ordered him deported. last week he raped a 13-year-old girl in new york: victorren martinez hernandez appeared in court today. he fled to the u.s. after killing a woman in el salvador. he repeatedly entered the u.s. illegally and sent back three times. the fourth time he slipped in undetected. he is now charged for the murder of rachel morin, who went out for a run last august. her body was found on a trail the following day, sexually assaulted and beaten. >> it's sickening because this could all have been prevented. >> and the new york and maryland cases the suspects are now held without bond. in houston a magistrate yet to set bond but the d.a. has requested $1 million bond for both of them. shannon? >> mike tobin, thanks for getting us up to date. ♪ >> shannon: breaking tonight, still awaiting more than a dozen opinions from the supreme court. as we enter what is scheduled to be the final week of this year's term. five opinions came together including one that some have argued a man facing numerous allegations of gun violence and who was under a domestic violence restraining order challenged a federal law banning from possessing a gun. in an 8-1 decision. the court held that it boiled down to, quote: common sense. chief justice john roberts writing for the majority, when an individual pose as clear threat of physical violence to another. the threatening individual may be disarmed. justin thomas loan descenter. second amendment right of any one subject to a protected order even if he has never been accused or convicted of a crime. it cannot. some legal experts had argued a win for the plaintiff in supreme court case might also help hunter biden to challenge his felony conviction on possession of a gun while using illegal drugs. today's decision will provide him no such avenue. the validity of some of the legal charges against january 6th defendants, including president trump. abortion, social media censorship, and much more. and while the court works to wrap up business next week, another headline making case has just landed with the justices. an emergency appeal by steve bannon who is asking the court to allow him to remain free on bail while his appeals process plays out. the court has asked the government to respond to his filing by next wednesday, which is also the next day the supreme court has scheduled for releasing opinions in all of those pending cases. former president trump is challenging allegations he illegally stored classified documents at his florida estate. this time the presumptive republican presidential nominee argues the special counsel in the case was illegally appointed. national correspondent jeff paul reports tonight from fort piers, florida. >> former president donald trump's lawyers walking into federal court on friday starting what will be three days of pre-trial hearings in trump's classified documents case. overseeing the day's arguments centered around the appointment of special counsel jack smith. trump's defense says doj regulations don't actually allow attorney general merrick garland tao point a special counsel, therefore smith's appointment is unconstitutional and the case should be thrown out. special counsel smith's team told judge cannon their argument simply doesn't hold water this judge is allowing hearings where a lot of judges have rejected on the papers. i think it's a credit to the judicial system. >> former u.s. attorney for the southern district of florida kendall coffee says with a case this important and a former president facing 40 felony counts, more time is deserved for pre-trial irches the motion by trump's legal team is seen by analyst as a long shot as several courts previously have rejected near identical challenges. judge cannon was appointed by trump in 2020. her critic no, sir now accuse her of trying to stall the trial ahead of november's election. >> it's not at all a frifless argument, i think the wrap on judge cannon is just ridiculous. this is a classified information case they are very hard to get to trial. >> after several hours of argue. s from both sides, it's important to point out that judge aileen cannon did press prosecutors about what role attorney general merrick garland had in the indictment of former president trump. prosecutors declined to comment. meanwhile, no decision in this latest hearing. we are expecting a written order to be release in the coming days, shannon? >> shannon: looking for that all right, jeff paul in florida. thank you, jeff. prosecutors are urging the judge overseeing the criminal case against former president trump in new york to uphold provisions of a gag order. that bar him from criticizing jurors and court staff. they are agreeing to lift a restriction on his public statements about trial witnesses. president trump's attorneys want the to judge completely lift the order, following the culmination of his trial last month. which ended in his conviction on 34 felony counts. the former president is scheduled to be sentenced july 11th. ned judge tossed out republicans filing false certificate. declaring president trump the 2020 election winner. the judge said the case was prosecuted in the wrong state courts. the nevada attorney general's office tells fox news it will immediately appeal. well, home prices rose in may to a new high. with low inventory continuing to spur bidding wars among home buyers in some markets. the national madian existing home in may that's up 5.8% earlier. high prices pashed with elevated mortgage rate have limited the number of sales this spring. typically the biggest season for home buying. facts were mixed today. dow gained 16, s&p 500 down 9. nasdaq fell 32. for the week the dow was up about 1.5 percentage points, the s&p 500 gained. 6 and nasa daca was flat. trey gowdy on the presidential race and next week's debate. first, here what happens some of our fox affiliates around the country are covering tonight. fox 5 in new york as charges are dropped against dozens of anti-israel protesters who occupied and barricaded themselves in building columbia university campus in april. a prosecutor in the district attorney's office says there was in sufficient evidence to show that any individual defendant damaged property or injured anyone. fox 25 in oklahoma city as one of the americans arrested in turks and caicos for possessing ammunition is given a suspended sentence of 13 weeks in prison around $2,000 fine. expected to return home to oklahoma city tonight. >> this is a live look at boston from wfxt. one of the big stories there tonight, the victory celebration for the nba champion celtics. cities rode in the duck goats celebrate the championship. the celtics won the title earlier this week. that is a live look outside the beltway from "special report." we'll be right back. ♪ sometimes you want to go where everybody knows your name ♪ ♪ and their always glad you came ♪ - [narrator] life with ear ringing sounded like a constant train whistle i couldn't escape. then i started taking lipo flavonoid. with 60 years of clinical experience, it's the number one doctor recommended brand for ear ringing. and now i'm finally free. take back control with lipo flavonoid. >> america strength vs. weakness. i would encourage our president not to talk in the abstract about percentages and economic terms. >> if he is standing, if he is standing. [laughter] they will say it was a brilliant performance that is a disaster we don't need to come back. that's why we are going -- we are riding with joe biden. >> shannon: president biden holding up at camp david trey gowdy former congressman always good see you, trey. >> yemen, you too. >> start with the debate exceptions. is the right republicans in trouble because they have spent a lot of time in recent weeks talking about how president biden can't find his way off the stage and we saw what happened to the state of the union when he came in stronger than expected. and there was a ton of praise for him. >> trey: yeah, they got to be very careful. i don't know why republicans fall under this trap of setting high exceptions. i mean, they -- this is -- this debate, shannon, to me is fascinating because it's a combination of agenda acuity. it's content and cognition. so, the viewers will be watching both. not only what you say but are you fit to office? so, i don't recall a debate in my lifetime where both of those issues were frolgd front and cer both of the candidates. not just what you say but i mean, can you remember which day of the week it is? that's going to be an issue. >> shannon: well, listen, we have seen that president trump often likes to, you know, shoot from the hip. it works from him on the campaign trail. forget the teleprompter. i mean, he is going to be doing his own thing. there is talk that he is going to be more disciplined this time around. that he is not going to take the bait. how do you think that is going to work because president biden is -- what we are told about his debate prep is getting ready to hit trump wherever he thinks he can get under his skin. >> trey: i'm going to be watching for two things. number one, the border. because crime and the border have now collided. i mean, it seems like almost every day we hear a story of either a child being killed or a young mom being killed. this is no longer about immigration. it is about national security and public safety. so, i'm fascinated to see how joe biden tries to say, look, we had a bill. you nixed it. remember? we had a senate bill, you nixed it and can trump pivot and say that bill would have done nothing save these children's lives? i'm also interested from a foreign policy standpoint. president trump says he could stop the war in eastern europe in one day. he says the middle east would not be on fire if he were president. let's hear details about what you would do in a second term. >> shannon: some people who want to hear details about that put up fundraising here. president trump has now closed what was a gap with president biden. he had a huge fundraising month in may. that comes on the heels of his conviction. he has predicted all along the political, the legal trouble would be helpful to him and certainly in the wake of the conviction in new york. it has paid dividends to him when it comes to donors great and small. >> trey: i hate to say this the former president may disagree with him. if he he would to receive a prison sentence, it would guarantee he becomes elected and his fundraising would skyrocket even more. that's a steep price to pay go to refresh my recollection just to win an election and to have better fundraising. but you are right. i mean to outfund raise an incumbent president is hard to believe. where and how are you going to spend the money? that democrat advantage and money is gone. as you said where you funnel it swing states online going where young people are crowds are trying to catch that may not have heard of you or accepted you before. both sides are after it. trey, thank you so much. we will see you on sunday night. >> trey: yes, ma'am, thank you. >> shannon: big political trouble for a house progressive squad. first, beyond our borders tonight. south korean summons the ambassador to protest moscow's new defense pack with north korea. earlier today the powerful sister of north korean leader kim jong un issued a vague threat of retaliation after south korean activists flew balloons anti-pyongyang propaganda leaflets across the border. the uss eisenhower is departing the red sea. the ship had been defending against the iran-backed houthi attacks for months. that crew has been at sea for more than eight months. and this is a live look at london. one of the big stories there tonight, taylor swift begins an 8 show performance at wimbley stadium. the mayor's office says it expects 700,000 fans to attend. a sparkling london tube map was redesigned in the singer's honor. just some of the stories beyond our borders tonight. we'll be right back. ♪ ♪ they say home is where the art is ♪ but god i love the english ♪ (fisher investments) at fisher investments we may look like other money managers, but we're different. 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