>> we are going to show [bleep] the power of the [bleep] south bronx. we are going to show them who's the [bleep] we are. get big money out of politics. i am the hip-hop congressman! >> sandra: jamaal bowman new york congressman rallying the progressive allies of the bronx to heaven over the weekend as new york voters head to the ballot box for today's primary. the race for the 16th congressional district will be one of the most closely watched as bowman faces a tough challenge from moderate opponent george latimer. >> a loss would make in the first member to lose in a primary of the cycle it would also signal a rebuke of progressive policies from the democratic base. will get more from brian brenberg and taylor as a host of the "big money show" coming up. >> sandra: we begin this hour awaiting the start of a hearing in the classified documents case against former president donald trump is the judge considers a motion to withdraw evidence seized in the mar-a-lago raid. hello and welcome everyone and sandra smith in new york on this tuesday, julie and it's great to have you here today. >> thank you, sandra gillian turner in washington and for john roberts' afternoon this is "america reports." that hearing today follows contentious proceedings having yesterday over possible trump gag order. doj prosecutor and both sides argued over the legality of special counsel jack smith's appointment in the classified documents case. >> sandra: jillian come this is all happening soon. the hearing on evidence taken in the mar-a-lago raid. if we could tee up some of the sound we have here, this was jonathan turley if we have it, he joined us on the program yesterday and he was slamming jack smith's push for a gag order listen here. >> saying i want to gag the leading presidential candidate from criticizing the department, criticizing the fbi. i mean, just trying to get your mind around that, this has been the signature of jack smith who seems to believe as oscar wilde and nothing succeeds like success. >> sandra: now done with a really good point for all of us very hard rubber mind around, jack smith's gag order too far according to jonathan turley. >> gillian: he also said jonathan argued last week part of the reason you oppose a gag order during a trial and the criminal proceedings is to have leverage over the defendant, right? you don't want them to behave a certain way so you threaten to oppose financial penalties or even jail time but now that the trial is over and he has been convicted he holds the ultimate leverage right now which is the sentencing which he will hand down on his own. jonathan was essentially saying this is moot, there is no need for it at this point in time because the judge already has that ultimate leverage over trauma. >> sandra: all right, thankfully carrie is with us we are doing a little tap dancing as we get your shot up and going if i could while i t you up, this is some of the left-leaning media and legal analysts slamming judge eileen, listen. >> she knows what she is saying is alive. and yet, she says that anyway from a position of a federal bench. >> the decisions are not coming quick enough. she is asking too many other people to come in and give their opinions. >> there is no question she is an experienced and she does not have the tools to handle a case this complicated. >> really questioning her skepticism of the gag order, kerri. well, we thought we had kerri, are you there? >> sander or gillian i'm so sorry. >> sandra: it center go ahead. >> i think it's ridiculous the questioning in general of the way the judge has handled this case. if anything, i think she has handled it wisely. she understands the gravity of what she is dealing with given the fact this is a person for the republican party running for president. and there are a lot of requests being made by his team as would be the case of any kind of high-profile case of this nature, so all of these hearings and motions we are seeing are frankly part for the course. i think people are just not used to them because they don't watch court dramas unfold every day and donald trump is at the center of it all but i personally do not think there's anything unusual in the way she is handling it. if anything, the criticism of her taking her time, shouldn't she be smart and methodical and thorough? given with the stakes are? i would answer yes. >> sandra: to go to back to jonathan turley's point is we played a moment ago as we are getting your shot ready he is saying i want to gag the leading presidential candidate from criticizing the department, criticizing the fbi, says turley, try to wrap your mind around it but he said this unfortunately has been the signature of jack smith who seems to believe as oscar wilde did that nothing succeeds like excess. what is your response to that? >> i completely agree. what i think is particularly foolish about jack smith's strategy with respect to this gag order is this documents case is probably the strongest of all the cases against donald trump right now. and so why go overboard? why attempt to gag the republican nominee are about to nominee, a front runner i'm in this way, trample the rights really of americans because that's what will happen. this case at some point is going to be over, but the way that jack smith, i think, is unilaterally redefining the parameters of this speech and trying to get courts to go along with it is really troubling for the future of the rights of all americans. and you know, center, think the most compelling point in all of this is that donald trump has been combining about the fbi rating mar-a-lago for two years now, almost sugar years. why now just a few months out before the presidential election? does jack smith think it is imperative donald trump be gagged and not speak about something he has a right to complain about. sure, was the fbi following their standard protocol when they went to mar-a-lago? yes. does that mean a defendant does not have the right to complain about it? of course time. by the way in fact there has been a separate conversation going on for some time regarding protocol surrounding these rates so we could see some changes about those in the future, so this is not donald trump is complaining about this in the corner of her here is an ongoing conversation happening in washington, d.c., right now. and, again, defendants are particularly upset when the fbi shows up at their house whether they are donald trump or not, they have a constitutional right to express that frustration provided they are not causing any harm or inciting harm or violence or some which donald trump is not in this instance as the fbi and the police are used to being criticized, that's part of the job, and for him to really push for this gag order, again, it's just a really troubling infringement upon donald trump's constitutional rights in this case. >> sandra: before you go i want to ask of our president biden and the white essence of democrats who were quick to condemn the anti-israel protesters who were blocking jewish californians from entering a synagogue, it happened in los angeles over the weekend. but carrie, there is a law already on the books that would make this a criminal offense. blocking access to a house of worship is specifically forbidden by the 1994 face act which states by a force or threat of force or metaphysical obstruction, intentionally injures or interferes with or attempt to injure or intimidate or interfere with anyone seeking to exercise the first amendment a right of religious freedom and of religious worship so it's great they condemned this, but will there be legal action for it? >> there certainly should be for a couple of reasons. one, we know merrick garland is particularly sensitive to anti-semitism and attacks around it. how do we know this? because he lost members of his own family and the holocaust and merrick garland has testified before congress a number of times about his passion for this issue. in fact he typically gets emotional when he talked about it he cries. that is how near and dear this is to his heart too as you mentioned, senators and federal law and the books the books. it is interesting about the face act typically it is used against people blocking doorways to abortion facilities but there is as you just mentioned a key in that law which is and/or which is also to prevent people from blocking access to houses of worship. this situation in california fixed squarely within the four corners of this law. and i really hope the department of justice given the fact they have made enforcing civil rights for all americans, or so they say, a hallmark of their 10-year under president biden i hope they make this a priority and i hope they look into it and they don't let the politics of the white house get in the way. >> sandra: carrie thankfully we got you up and going, thank you very much for joining us on all of that. gillian? >> gillian: thank you, sandra two days to go into the cnn presidential debate the latest polling at from real clear politics show the race is neck and neck president biden, former president trump making their very final preparations let's go to jacqui heinrich who joins us from the white house with all the details on what the president is up to hi, jackie. >> hey, jill end. we have not seen the president for 5 days and all we really know about his debate preparations is they had lasagna for dinner last night and among his longtime aides that are there helping him, 16 of them includes mina dunn, mike donnellan and ron klain come a long allies. but trump's one-time debate opponent former secretary of state hillary clinton is offering a tale of her own experience debating trump and some advice to the audience seeming to lower the bar for biden she rise in "the new york times" opinion piece "unfortunately mr. biden starts from a disadvantage because there is no way he can spend as much time preparing as i did eight years ago. being president is not just a day job it's in everything everywhere all at once job. historically this leads to weaker first debate performances from the incumbent end as viewers we should not get out stomach caught up on the theatrics." not even trying to refute trump's argument because it "digresses into" and it looks like the campaign, the biden campaign, is looking that in the new ad by circling back to personal grievances. >> donald trump loves to attack joe biden. >> joe biden. >> joe biden. >> because he is focused on revenge and he has no plan to help the middle class. he will just give more tax cuts to the wealthy. >> the ad goes on to say biden will lower costs of things like prescription drugs but polls show that voters disapprove of biden's handling of the economy and has not gotten a cut right yet they say despite how people feel, things are going well. >> here's the thing something we've been talking about for some time, right? the economy and you are right the data shows the economy is indeed strengthening, it is stronger. >> a pro pack among them why do you repeatedly lie about your record on inflation and why do you think illegal immigrants are above the law, certainly no indication cnn would take those questions up but it may give a insight into trump's possible attacks on the current president. >> gillian: jacqui heinrich and pennsylvania avenue for us this morning or this could afternoon i should say. the democracy 24 coverage of the simulcasts are coverage of this thursday june 27th 8:00 p.m. eastern right here on fox news. >> we have gotten into martinez wrangles phone and found evidence he is searching for ways to leave the country once his image was released to the media. >> sandra: prosecutors revealing more information and the brutal murder of a 12-year-old girl allegedly killed by two venezuelan migrants. what we are now learning about one of those suspects. >> gillian: plus the seven and half million migrants have been released into the u.s. pending hearings this year as border officials struggle to keep pace so shutting down the largest facility in the country that would certainly house some of those people? former acting ice director who will weigh coming up next. so i hired body doubles to help me out. splurgy tina loves a hotel near rodeo drive. oh tina! wild tina booked a farm stay to ride this horse. glenn close?! with millions of possibilities you can book whoever you want to be. that's my line! booking.com booking.yeah starting a business is never easy, but starting it eight months pregnant, that's a different story. with the chase ink card, we got up and running in no time. earn unlimited 1.5% cash back on every purchase with the chase ink business unlimited card from chase for business. voices of people with cidp: cidp disrupts. cidp derails. let's be honest... all: cidp sucks! voices of people with cidp: but living with cidp doesn't have to. when you sign up at shiningthroughcidp.com, you'll find inspiration in real patient stories, helpful tips, reliable information, and more. cidp can be tough. but finding hope just got a little easier. sign up at shiningthroughcidp.com. all: be heard. be hopeful. be you. spewing the second suspect is appearing in a courtroom this morning the judge set bail at $10 million. the county d.a. tells fox news officers now pursuing the death penalty, listen. >> the case is horrific. jocelyn's last moments were unspeakable. she endured assault for multiple hours, but since neither defendant has actually admitted that, it's circumstantial evidence we will have to prove it. we are waiting on lab tests now to see if the capital murder charge can be upgraded to one where there are death penalty eligible. >> prosecutors are accusing two venezuelan men in the u.s. illegally and then strangling her to death. >> to okay despite executive actions on the southern border authorities reporting thousands of migrants have entered illegally over the last week alone matt finn is live in arizona for a smack from one of you seemed just today? >> right behind me, sandra from his mexico and all morning long we have seen border patrol agents here patrolling the wall. they tell us migrants to illegally scale this will weather by climbing it or using a ladder. here at the southern border since president biden's executive order on asylum the number of illegal encounters has plummeted here in recent weeks. for example the tucson sector where we are just a couple weeks ago earlier this year the number of daily counters was 2500 now sitting at about 400. that 400 number represents the illegal migrant encounters, that does not represent a number of got aways. those are the people who evade authorities and escaped into the united states. now despite executive order the number of got away for a lesser minds hundred a day nationwide. according to data by fox. since the beginning of the fiscal year 2024 for example there been 61,700 got away for a lesson they all packed so sector followed by 54,000 of the tucson sector where we are. and about 30,000 in the del rio, texas, sector. out a presidential debate president biden can be expected to tout the illegal encounters have dropped since his executive order but they say the borders we too porous. >> president trump had a secure border he handed you joe biden enter biden biden opened it up because he wants this policy. this is the reason we impeached secretary mayorkas he is failing the american people and doing his basic job at keeping us s safe. when he says the border secure he know that is a lie he has also held press conferences saying they are betting these people. we know there is no vetting going on. >> no dhs secretary mayorkas is scheduled to be here in arizona tomorrow, we will keep you updated on his visit. also you may recall vice president kamala harris was tasked with finding the root causes of illegal immigration at the border. she was here in phoenix yesterday, but did not come here to the border, sandra? >> sandra: matt finn than thank you. >> gillian: thanks, sanderling biden administration shuttering the largest ice detention center in the border grasses on on the heels of some high-profile criminal cases including migrant suspects the last couple of weeks least in the u.s. pending court appearances. ron patel a former acting ice director and u.s. border patrol chief so essentially ice as they will replace the center it houses about 2400 people and they will replace that with 1600 bids at other facilities. first off, 1600 is 800 less then 2,402nd of all aren't the rest of the detention facilities in that region already at overcapacity? >> all of the border patrol processing facilities ice detention space is probably underfunded given the volume at the border and this administration you can just tell they are tone-deaf on this issue. besides having no credibility what is happening is an absolute travesty we saw what happened to this family in houston, the family in new york and a couple of days before this is happening all over the country. if you are detention beds enough funding for detention, think about the numbers we just saw that's a big problem that's a big threat across the country but you also have the government releasing people in vast numbers. the fastest way to deport someone is having them in detention very the fastest way not to be deported is to have them not ended tension and there are millions of people in that situation just since this presidency. >> let's bring up some of those numbers so your viewers can see what you're talking about this is the nondetained docket more than double since president biden came to office three years ago. you can see right here fiscal year 20,213.6 million and counting. fast-forward to today fiscal year 2024 so far, 7.4 million. only halfway through the year. >> it's out of control. is another example of how this administration has been derelict in their duty to secure the border and protect the country. there is no reason for that many people to be released in the united states but because of the policies that were rescinded when joe biden took over we have this huge rush at the border still in record territory even if they noted a downturn in activity. in record territory in today's pace there are still a million people who will be encountered by cbp in a year's time. >> this is what the administration says about reasons for shutting this down. this is a statement from ice. "ice fuses the overall detention capacity to close certain facilities insufficient return on investment this includes closing the south texas residential center which is the most expensive in the detention network" so we get it, it's expensive. what do they mean by return on investment? >> this thing was built to house families together into tension back in the obama admini administration. around the air of 2014, it was open to hold families together so they could see a judge and be removed because most of them did not qualify for the set asylum claims they were making so it was before that it's not as good for single adults which it can be held and should be held in larger numbers, given what is going on at the border so they are trading those dollars rather dollars in different facilities. >> it's something, ron we have to leave it there but thank you for joining us in person. >> thank you for inviting me. >> sandra: millions of people everywhere dealing with diabetes. there may be a new option for your insulin treatment. without needles dr. marc siegel on the brand-new developments. >> gillian: plus top fitness trainers asking people everyday about their workouts and what you do to stay in shape the creator of body by mark will be joining us live tips on getting into the best shape of your life can't wait to hear. ♪ ♪ my psoriasis was all over. then psoriatic arthritis. who knew they could be connected? for me, cosentyx works on both. cosentyx helps r