nexium 24hr prevents heartburn acid for twice as long as pepcid. get all-day and all-night heartburn acid prevention with just one pill a day. choose acid prevention. choose nexium. >> ainsley: good morning, it's 7:00 a.m. on the east coast. it's tuesday, june 25th, and this is "fox & friends." happening today, the second illegal immigrant that's charged for the murder of the 12-year-old girl in texas is expected to appear in court. jocelyn's mom speaking out ahead of her daughter's funeral. >> she had such a bright future ahead of her, and i knew she was going to go very far. these monsters took that opportunity from her. >> lawrence: unbelievable. plus after being held for months in turks and caicos. american tourist finally reunited with his family in oklahoma. he and his wife share their story with us this hour. >> steve: take a look at this. a minnesota saddam at its breaking point. residents downstream on high alert as floods cause major damage, we have got a live report coming up. because the second hour of "fox & friends" starts right now. ♪ >> lawrence: so that second illegal immigrant accused of abducting and strangling the 12-year-old jocelyn nungaray will appear in a texas court this morning after the judge set a $10 million bond for the first suspect. >> ainsley: how do you have the strength. todd piro has the story for us. recommendation good morning to all three of you. jose set to appear in court 10:00 a.m. eastern time to review his bond status. his suspected accomplice ramos appearing in court. the judge setting his bond $10 million after ruling him a flight risk. the two are facing capital murder charges for the death of 12-year-old jocelyn nungaray. the d.a. says the death penalty is not off the table. watch. >> at this time, the current charge does not carry death penalty eligibility. however, it is important for the public and the press to know that the investigation is ongoing. our immigration system is broken. and if there was ever a case that reflected that, it's this one. >> todd: now, prosecutors could seek the death penalty in the medical examiner determines that nungaray was sexually assaulted. her body was found by bystander on the shallow creek june 17th after police say she snuck out of her nearby home the night before. the medical examiner says she was strangled to death. her mom calling out the two illegal migrants accused of taking away her precious child. >> she had such bright future ahead of her. and i knew she was going to go very far. and you know, these monsters took that opportunity from her, from our family of watching her. >> todd: mean time mother of rachel morin who police say was also murdered by illegal migrant calling out biden's border policy quote it's like they are pretending immigration problems don't exist and people aren't being harmed and killed by their policies. jocelyn nungaray's funeral will be held this thursday in north houston. back over to you. >> steve: thanks, todd. >> lawrence: just waiting for rape kit to come back. according to the d.a. she was either assaulted or tortured for two hours before they decided to be done. >> steve: right. >> lawrence: they will get the death penalty if that rape kit comes back what we think happened. can't do that stuff in texas and think you are going to get away with it. you shouldn't be doing it anywhere. we don't have weak prosecutors. something has to be done. >> steve: ultimately, as you look at heart breaking images of her. thinking about what happened to her under that bridge. the guy who was arraigned yesterday, because he is an astronomical flight risk, they set the bail at 10 billion bucks, that's double what the prosecutors were asking for and it's 10 times the amount that the defender had asked for. and during the -- you know what we heard in court yesterday, it was revealed that one of the people did have that ankle bracelet apparently on when the assault happened and took it off a couple of days after her body was found. >> ainsley: right. >> steve: that same guy apparently he went to his boss at a construction company and said "hey, i got leave town for a while. can i get extra money?" he wanted to skip down it sounds like. >> ainsley: other suspect had ankle monitor when he came. one came over in march the other came over less than a month ago. and that guy had his ankle monitor removed because they found out he did not have a past criminal record. does that mean the other guy did have a past criminal snrord. >> steve: sounds like it. >> ainsley: what's the point of these ankle monitors. >> lawrence: that's what i was getting ready to say. if these other countries telling us these people have criminal pasts, then why would we ever let them. in the countries have toll it us if they have criminal records. >> lawrence: such a good point. and as it relates to the ankle monitors, done a ton of stories for "fox & friends" on these ankle monitors. they don't work. they don't work here. >> ainsley: one guy cut them off. >> they cut them off. there is a private company that manages these ankle monitors, so then they have to alert the police. and then most of the time it's two weeks. we have had people that threaten to kill people. the judge orders ankle monitor and they still kill the person. >> ainsley: guy under the bridge with the girl with an ankle monitor. >> >> lawrence: exactly right. >> steve: got to figure donald trump is going to bring some of that up on thursday night. that is one of the terrible side effects of the open border policy that this administration. >> ainsley: so hard to report on these stories because it's just pure evil if anyone can -- we have the 13-year-old girl that was raped in the park in queens. this 12-year-old girl, no telling what happened to her underneath that bridge. no telling the fear that she felt, the last moments of her life. we interviewed chris cabrera. he is the vice president of the national border patrol council. we asked him why aren't we vetting these people? with why are we letting them into and have lists of whether or not they have criminal pasts. >> it's heart breaking from young jocelyn from laken riley and ruby gathers, it's becoming all too common. we are letting people come into the country unchecked. unvetted or poorly vetted at best. what did they expect was going to happen? you know, we're becoming lawless and we're doing it on purpose. and i don't understand what this administration is thinking by opening the border wide open and letting people nun checked. we're treating criminals with, you know, giving them big boy rules and telling them they better tell the truth. obviously they are not telling us the truth. and we are releasing people. the parole system is being abused. it's being misused by the government. it's not designed to let people in pending asylum. >> lawrence: so glad we had the national border patrol on. biden's crisis at the border is two pronged. of course he tries to undo and did undo most of donald trump's policies at the border. he also has not been a friend to border patrol. we know remember the whipping gate. i hope that comes up in the debate by the way. why did you lie on those agents that were just doing their job trying to secure the border? and you guys made up a whole story that they were whipping the migrants when they were actually going after someone that had stolen one of the other migrant's purse. the border issue is two-pronged. the border agents aren't able to do their job. they are doing a lot of processing stuff. i know the administration is saying the numbers are down in texas. that's because texas is doing it by themselves. it's not because joe biden has changed his policy at the border. and now we have innocent americans that are dying as a result of it. >> steve: their families are collateral damage to this policy. and extraordinarily, the "new york times" has got this item talking a little bit about the debate prep with joe biden at that theater up in camp david and also an airplane hanger. and apparently joe is going to go on the offensive, regarding immigration and what he is going to say is hey, look what i did to allow the spouses of people who are in this country illegally, to have a foosball citizenship. >> lawrence: what a tone deaf message. >> ainsley: i hope donald trump says what a stupid policy you have down on the border when you allow people to come in and you put an ankle monitor on them. and then we checked to see if they have a criminal history. then we will go and try to find them in the u.s. and arrest them. that's the dumbest policy. >> lawrence: joe, have you talked to the families? that should be asked to him by the former president. have you called any of these families and apologized to them? issue condolences because of your failed border policy. we got another fox news alert for you. wikileaks founder julian assange is leaving the u.k. after accepting a plea deal agreement with u.s. authorities. >> ainsley: he is heading to a u.s. federal court in the northern mariana islands where he will plead guilty to espionage charges. >> steve: david spunt joins us live from washington at the white house. david, we didn't see this coming. >> no. we really didn't. this ends a nearly 15-year legal saga with julian assange of wikileaks. as ainsley mentioned. he is heading right now to see you upon, the northern mariana islands which is a u.s. territory in about 12 hours, guys. he will enter or i should say expected to enter that go ahead plea. according to court documents released late last night assange will plead guilty to a charge conspiring to unlawfully obtain disseminate classified information to the national defense of the united states. which is part of the espionage act. he was behind the wikileaks release of thousands of documents from u.s. chelsea manning in 2010. note that as part of the deal the united states government is allowing him to plead in sigh upon, northern mariana islands u.s. territory he will be in a u.s. federal courtroom. technically he will set foot on u.s. soil not the continental. it is the closest federal courtroom to his home country of australia. now, once is he done pleading guilty legal issues began about 14 years ago. head back to home country of australia where his wife says he will be a free man, listen. >> it will be the first time that i -- that i get to see him as a fully free man and i was just when i was speaking to him we can go for a walk and there will be no restrictions, no curfew, no, you know, all this is so alien to the way we've it's been until now for the past 14 years. >> and to be precise with my language, he is expected to plead guilty and a judge still has to sign off on this. we saw what happened last year with hunter biden in delaware. federal judges can always at the last minute throw a wrench in and ask questions. that is the deal as of now. the expected plea deal, they don't expect to be any hiccups, but you have to add that caveat in there as well. this will happen in about 12 hours from now, guys. >> lawrence: pretty cushy deal. we will see what happens. thanks, david. >> david: thanks. >> steve: keep in mind, it was wikileaks, which famously in 2016 published the email that russian government hackers -- remember when they haxd into the dnc servers and got all that embarrassing stuff and then spilled it out. and, obviously, that was leaked by the russians, the federal government feels, to disrupt the 2016 election. >> ainsley: so what is the motivation here? why would joe biden give him this cushy deal? >> lawrence: there is a lot of young people on the side of julian assange, especially the civil libertarians. and so i think this is a olive branch to them to say hey, i'm still that progressive. let's let it all be forgiven. >> steve: let's see what that judge does. you know, you did a lot of damage, and i don't think time served is enough. but apparently they got the deal. it's on paper. >> lawrence: hunter had the deal too until he didn't. we will see. >> steve: he wanted more. >> ainsley: carley has more headlines for us. >> carley: i do. evan gershkovich's trial will begin in russia tomorrow. the kremlin accusing gershkovich of poje. he has spent around 50 months n russian prison. could face 20 months if convicted. the state department says gershkovich is being wrongfully detained. two 19-year-olds were arrested in california accused of posing as ice agents and robbing hispanic victims. police say victims were told to hand over cash to the suspects after they presented badges. they allegedly robbed several people and used different vehicles during the robberies. the two are facing robbery and other charges and are in custody without bail. new york city police are searching for a suspect who allegedly assaulted a woman in central park yesterday. >> around 1:30 she is sunbathing on a nice day in central park. a male, she sees a male coming towards her exposing himself. she gets up screams run, he tackled her and she fights him. >> carley: after the woman fought off her attacker, she was taken to a nearby hospital. according to the nypd, a heavy police presence will remain at the park as they search for the suspect. demonstrators in new york city swarming manhattan d.a.'s alvin bragg's office yesterday after he dismissed charges against 31 anti-israel protesters who took over a building at columbia university in april. a harvard university graduate and jewish american student tells us earlier democrats will lose votes because of this. >> i have been a lifelong democrat but as i said i think the party has abandoned me and i want joe biden to understand that whoever is advising him, wherever is he getting his policies from, it's not working. it's disastrous. and november will be very difficult for me and many, many constituents who are jewish as well. >> carley: calling on the justice department to prosecute if bragg refuses. to say those are your headlines, guys. >> >> steve: all right, carley, thank you very much. >> carley: you are very welcome. turns out in the mountains where camp david, it essentially is debate camp, day five. >> lawrence: it's a war room, too. >> steve: it sounds like it. according to the "new york times." what they have done is taken movie theater and airport hanger and outfitted it with lights, camera, lectern. >> ainsley: production equipment. >> steve: to make it look exactly like the cnn debate is going to look. here's the thing. they have got people, bob bauer who is biden's long-time attorney, is playing donald trump. and he is trying to throw everything at him that donald trump might say on thursday. because, let's face it. he is rusty. he hasn't debated anybody in public for four years. and david axelrod said yesterday, keep in mind, barack obama in 2012 when he was running for re-election. his first debate was terrible. he flailed. and so yesterday, david axelrod said the rust factor is real. neither of these guys are accustomed a few feet away grilling them. >> ainsley: he was talking about how donald trump didn't participate in in the. is he out there doing all these rallies. they are trying to throw him off. reading all these articles and watching all this video of everything that donald trump has said over the years because they want to try to trigger donald trump and get under his skin. >> lawrence: so, the bar is already set low for the current president. i found this quote to just be astonishing. this is from the former vice president dan quayle, he said if i were advising biden i will try to make fun of trump. try to ridicule him that would get him mad. and i just find it, i don't know, is there some irony there of joe biden who has been stumbling all over the place. trying to poke fun at donald trump. i just don't think that's the right strategy. maybe he needs to just stand and be present and complete sentences without the gaffes. >> steve: that would make it a win. i get where dan quayle is coming from. you go back to 2020 where they had that debate and donald trump was angry. and there was a lot of back and forth and it was very snappy and snippy. and, you know, that was not trump's finest hour. i think the biden people would love to see that again; however, donald trump and his campaign realize how challenging that was and he is not going to do that again. >> lawrence: one thing that the former president has said in comments and everything, that he is aware of the difference that although they are close to the same age, how much different he looks. and, ainsley, i think you may remember when sean was -- sean hannity was doing the impersonations of biden early on, donald trump actually called him and asked him to stop. they had an interview. yeah, i just didn't think it was a good idea at the time. so i don't think we're going to get into this match of him making fun of joe biden on the stage and all that like you may have seen in the past. i think this is a guy that's just going to talk about policy. and that's why the former president is doing more of the policy conversations and joe biden is talking about his mechanics. >> ainsley: there are several articles what barack obama is doing when he learned that donald trump was probably going to be the nominee back in december, i believe, he said i want to start working with the campaign more and helping out joe biden. there is one headline, new york intelligencer says what obama is whispering to biden. and this is what the article says, though his anxiety about the election is real, and the words of one obama friend, the expresident's concerns sounded like other democrats according to others who have spoken with him. those in regular touch with obama say these nerves are not a reflection of any particular angst about biden or his team but of the broader reality the country is closely divided. the media landscape is fractured and donald trump may very well win. >> lawrence: that's such dishonest statement. >> ainsley: i'm not worried about biden. >> lawrence: did you see him grab his arm. as a grown man if another man had grabbed my arm like that to usher me off the stage, i would have yanked my arm away. i don't care who it would have been. it's such a immass could you laghtd thing to do. >> ainsley: former president does it to the current president. >> lawrence: he didn't shake away. >> ainsley: it's not about biden it's because our country is closely divided. why do you think the country is closely divided people are fed up with these policies like what is happening on the border. >> steve: they have got barack obama and joe biden have a complicated, you know. >> lawrence: relationship. >> steve: indeed. it's a big f'ing deal joe said at one point about healthcare. i get why obama grabbed his hand at that l.a. fundraiser because just like where he is talking to friends where it's like, you know, i'm trying to help him. i'm trying to help him. if obama could do the debate on thursday night, he would, to drag joe across the finish line, but, ultimately, if he is having anxiety, the former president, it's because he probably has a really good idea that joe can't do it. >> lawrence: i will say this, steve. it's only him and the former president. the only people that have the ability to grab his hand are the people moderating the debate. >> steve: or the easter bunny. brian. >> lawrence: there is no easter bunny there. no audience. i just hope that the moderators allow the candidates to have the conversation and not them become a part of the debate. just ask the questions. a. >> ainsley: there is a lot of questions. >> lawrence: some of them have nasty past comments about them. hope they put the comments to the side. guess what we will be talking about. >> steve: let's hope if there is fact-checking and there probably will be some. let's hope it's accurate. i remember a cnn correspondent who did it back in the day. >> ainsley