friday night in new york city with new pro-palestinian protests. this as a growing list of prominent names on the left call for biden to bow out of the 2024 race, now including "the new york times." welcome to "fox news live," everyone. i'm anita vogel and, griff, we've got a lot of news today. griff: we do, anita that. it's great to be with you. as we were looking at that live shot of marine one in the west hamptons, it's worth noting president biden will be coming face to face with some to have heaviest-hitting donors that also read likely the new york times. friday, of course, biden says he plans to win the election this november while focusing on branding trump as a liar following thursday night's debate. madeleine rivera is live outside the white house on the north lawn with the latest. >> reporter: good afternoon, griff. president biden is just about to leave queens for his first fund raising event in the hamptons this afternoon. he has got the soothe the growing alarm among democratic voters. yesterday he tried to assure voters in north carolina. listen here. >> i don't walk as easy as i used to or speak as a smoothly as i used to. i don't debate as well as i used to, but i know what i do know. i know how to tell the truth! [cheers and applause] if. >> reporter: the president, though, flubbed figures and had several misstatements like his assertion there were no military deaths under his leadership which is, of course, not true. thirteen service members died at the airport in kabul during the withdrawal from afghanistan in august 2021. the defense department is making a correction. >> the truth is i'm the only president this century that doesn't have any -- this decade that doesn't have any troops dying anywhere in the world. like he did. >> we have certainly had service members pass during our, during this administration. if. >> reporter: calling out what they say were 50 of trump's lies during the cnn presidential debate is a key part of the biden campaign strategy as they try and pivot from the president's shaky performance on thursday, but it is doing little to stop the flow of stinging headlines for the president. one of the most recent ones from "the new york times"' editorial board which is urging the president to leave this race. they say in part the president needed to convince the american public that he was equal to the formidable demands of the office he is seeking to hold for another term. voters, however, cannot be expected to ignore what was instead plain to see, mr. biden is not the man he was four years ago. if the biden campaign is defiant, campaign cochair cedric richmond responding: the last time joe bidenning logged "the new york times"' editorial board's endorsement, it turned out pretty well for him. "the new york times" endorsed amy klobuchar and elizabeth warren during the 2020 democratic primary. griff: madeleine rivera live for us on the north lawn, thank you. >> the question every voter should be asking themselves today is not whether joe biden can survive a 90-minute debate performance, but whether america can survive 4 more years of crooked joe biden in the white house. anita: former president trump held a rally friday in virginia with governor youngkin as the calls for president biden to step aside from the 2024 race are now growing with many democratic names being tossed around. christina coleman is live with more on this and, christina, what are you hearing? >> reporter: hi, anita, good morning. yeah, minutes after president joe biden was helped after the debate stage after his rough performance, a number of names were float pded as his possible replacement. let's start off with the democrat who has gotten himself a lot of national attention, he's put himself on the national stage in a big way, california governor gavin newsom. though conservatives could easily slam him over the chronic homelessness and crime in this state, this man continues to stay in front of the cameras. some political analysts believe he's been running a shadow campaign. he's been making presidential moves for months now; visiting israel shortly after a hamas' attack on israel and making a trip to china to discuss climate initiatives. he ran abortion right ads in republican-controlled states across the country. he went head to head with former gop presidential candidate florida governor ron desantis on fox last year, and he was at the presidential debate on thursday. after biden's rough performance, newsom was can asked if he's up for running for president right now but shot down the idea. take listen. >> if you'red asked, would you be willing to -- >> [inaudible] [inaudible conversations] >> i'd never turn my back on -- >> reporter: he said he would never turn his back on president biden. another name that's gotten a9 lot of buzz is michigan governor gretchen whitmer, the second-term governor helped flip both chambers of the legislature blue with her fight for abortion rights, a key issue among democrats this election season. and in addition to being in a swing state, michigan is also a home to one of the largest muslim and arab-american communities in the u.s. so having this state's governor on the presidential ticket might help with voters who have turned away from bind over the war in gaza -- from biden. "the washington post" also laid out eight other potential replacements including another moderate democrat in a swing state, pennsylvania governor josh shapiro and vice president kamala harris, of course. is and, in addition to all of them, former president barack obama's wife michelle obama who, as we all know, is wildly popular among democrats. anita? anita: that is for sure, and her name keeps popping up. christina coleman, thank you so much for that live report. griff? griff: anita, in a major decision friday that could impact hundreds of cases involving january 6th defendants, the supreme court found the justice department's application of a federal obstruction statute flawed, giving those defendants including president trump the opportunity to fight to get the charges tossed altogether. attorney general merrick garland called the decision, quote, disappointing and said the justice department will comply but also use every remaining tool possible to go after a january 6th defendants. for more on this, let's bring in now former acting attorney general matthew whitaker. matthew, thank you for joining us. >> hey, griff. griff: what do you make of this ruling, and how might ajekyll the -- affect the j6 defendants? >> i thought that charging the j6 defendants with this enron-era crime was aggressive from the start, and i'll tell you, i think the supreme court got it correct. i mean, i think this statute was never intended by congress to extend to folks that tried to do what happened on january 6th, breaking into the capitol, assaulting police officers, interfering with the certification of the election. so i think the supreme court was absolutely right, and i think that the department of justice had really been overly aggressive in getting, trying to get every possible charge stacked on in those cases. griff: math, what does it mean for the january 6th defendants? now, this is specifically with regards to the group charged with this obstruction charge. but some have already seen their case play out and and been convicted, some are in the midst of it awaiting sentencing, is and others are waiting for their trial to come. how does this impact them? >> yeah. i think each one has a unique if posture. some people have waived their appeal rights or their ability to go after the fact and get relief. some are still pending charges including president trump, two of his four charges are these counties. and i think jack smith is going to have to relook at how he charged that case and is what the supreme court said because i think they should drop those two charges for sure, immediately, because they were overly aggressively charged. they're going to be probably, you know, over 50defendants that are going to get some relief because they were charged and and convicted only of this charge, and obviously, the supreme court said it doesn't apply to these facts. griff: former president trump spoke out about this yesterday. here's a little bit with of what he had to say. listen. >> you know, the supreme court ruled that biden's department of injustice has wrongly prosecuted hundreds of americans for peacefully protesting on january 6th. [cheers and applause] so we're asking based on the decision they should immediately be released, immediately. griff: and you say this could actually affect the obstruction charges that former president trump is facing. let's just go later bit -- a little bit deeper into that. how do you see it playing out? >> well, remember what the supreme court said is that this applies to, essentially, altering documents, shredding documents and not into the actual sort of interference if with the congressional certification process. and so to me, i think judge chutkan and the judge, other judges are going to have to determine if there is any way that this case can continue forward on this, on this basis for these two of the four in trump's cases and in some other of the j6 folks their entire case was based on these charges. so i think it's a huge victory, obviously, for the rule of law, because at the end of the day, griff, you know, this was an overly aggressive prosecution of these individuals, and they should have never been charged with these crimes. griff: let's talk a little bit more about attorney general merrick garland as it relates to now, that debate we saw on thursday night and calls for garland to be held in the contempt for robert hur not releasing the tapes. now, to be clear, mr. hur interviewed president biden back in october of last year. by february and march, we all learned, of course, the takeaway from his report that a said this, this is special counsel hur's report saying that biden would not be are prosecuted because he was a sympathetic, well-meaning elderly man with a poor if memory. now you have the congresswoman anna paulina luna if saying this: >> we have a, a resolution we're introducing that has the support of the speaker, and this is going to be voted on next week. this is actually going to be a common practice now used by the house of representatives as an accountability mechanism for those individuals that ignore subpoena ifs. griff: matt, how important is it now that the american people hear those tapes? if. >> yeah. well, obviously we all saw with our own eyes, griff, and this is what i'm hearing from my friends back home in iowa that are saying, you know, this was a disaster. but i think, you know, the white house has been trying to cover up what we saut the debate and suggesting that these previous iterations of joe biden being incoherent at times were cheap fakeses. but we all know what's happening. on the inherent contempt, this is very important, and our founding fathers fully expected that if congress was going to subpoena witnesses or documents, that they should be able to enforce those subpoenas by, you know, essentially sending the sergeant at arms out to get this, the people that aren't complying with subpoenas and bring them in and force them to testify. and so this is a powerful move by congress and, again, it's something i think our founding fathers fully expected would happen. not relying on the department of justice which didn't exist until the grant administration to enforce congressional subpoenas, because then you end up with these per perversions where steve bannon is going to prison on monday where at the same time merrick garland can enforce the own law on himself. it's a little bit of who who controls the executive branch, and i don't think the founding fathers intended that to be the case. griff: do you think we could actually see merrick garland being arrested this week? >> that would be a huge power play by congress. obviously, he's surrounded like i was when i was attorney general by an fbi security detail that is supposed to protect him. there should be an accommodation, but right now the department of justice is playing politics with these tapes because at the end of the day congress has every right and entitlement to to these tapes, to hear them to, if necessary, share them with the american people. but i think it becomes a little less pressing, to your earlier point, griff, with what what we saw for 90 minutes of joe biden being unable to defend his record or suggest he had a man to solve things like -- a plan to solve things like inflation or the porous southern border and so many things that affect real americans. griff: and, math if9, let me just before we run out of time shift gears to one other thing, and that is looking forward to monday. of course, we fully expect that the supreme court's ruling in the immunity case will come down. what are your thoughts? how do you think this will go? >> yeah, griff, i think -- i'm not sure the supreme court has enough of a record from the district court in d.c. to actually decide, you know, what was an potential if act -- official act or what may have been a personal act of the president at the time. i would expect they will send it back to judge chutkan to make that decision on what is accused in the indictment. but, you know, half the case is going away because of the fisher case that we talked about a earlier, so this case becomes very weak to start. i think they will provide -- consistent with probably the nixon precedent in the zell realm -- civil realm, a test that suggests that the outer bounds are fairly broad and that presidents do have an amount of immunity that is certainly more than, for example, the special counsel things. griff: so if the high court doesn't give the full immunity that trump wants but but yet sends it back in some way, you're looking at a delay. is that a, perhaps, short-term victory for the former president who clearly his defense team has sought delay in this process? >> yeah, i don't think this case in washington, d.c. or in judge cannon's courtroom in florida is going to go to trial anytime soon. and then you're bumping up against not only the conventions, but the general election after a labor day, and i just don't think any of these cases based on what their current procedural posture is, griff, are going to go to trial before the election. griff: and just lastly, so that the american people -- because it's unprecedented, and we have never had this before, but do you foresee the ruling on monday setting a precedent going forward for future presidents? >> yeah. if you listen to the arguments on this case in the supreme court, it was very clear that all nine justices were struggling with the historical precedent which they were about to decide. and so i think that's one of the reasons this has taken so long, because they have to write a rule for all the ages, not just a rule for president trump. and it's going to apply to all a presidents going forward. it's mostly going to be based, i'm sure, on our constitutional framework. but at the same time, i mean, this is going to be a very interesting opinion to see how far they say presidential immunity goes. griff: and, clearly, we shall see how it all affects, and it is fascinating, matt, as you point out with the ruling we did get on the obstruction the tying across the other cases. last question, do you think that any of this has an impact on other cases in other places, in georgia or the new york case? if. >> yeah. well, the georgia case is most likely, when the appeals court hears the argument in october and rules sometime probably next year, that case is most likely going to be reassigned because the opinion was so strong for recusal of the entire office in that case. and then, you know, judge cannon is running a very careful process and considering things like selective prosecution and this immunity question that we've been talking about. and and so i think that these cases were used as election interference by the left, and now it's not being as effective as they had hoped. griff: former acting attorney general matthew whitaker, thank you for your time. have a good day. >> good talking to you, griff. see you soon. anita: turning now to this, at least four people are dead and nine more in thement hospital after a minivan crashed into a new york nail salon. authorities on long island say it drove through the entire business yesterday, initially trapping people inside. one woman described the scene after some of the victims were pulled out. listen. >> -- on stretchers. one was, like, back with. there was one sitting up on a stretcher, but i didn't see her talking. they had something on her neck. anita: the driver was semi-conscious when police arrived. we still don't know what caused the crash. all right. griff: why nasa is having to insist two astronauts are not stranded in space despite an indefinite delay involving boeing's starliner capsule. we'll tell you about that next. ♪ ♪ okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪) ♪("baby" by summer walker)♪ ♪ ♪ book in the hotels.com app to find your perfect somewhere. only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine. memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our 4th of july sale. visit purple.com or a store near you ♪ griff: biden and trump clashing over the border crisis during thursday night's debate as new violent crimes come to light involving illegal immigrants. c.b.9 cotton is live with the latest in new york. hey, c.b.. >> reporter: hi, griff, that's right. we're learning more about two illegal migrants accused of committing violent crimes against women here in the northeast. both of the men made their way to upstate new york after crossing the border. the first of them, take a look, this week pleaded not guilty to raping a teen girl in albany. a police report says back on a may 14th he threatened the 15-year-old girl with a metal pole to get inside his car and then, quote, the defendant took off the victim's clothes as well as the forced the victim's legs open leaving scratch marks on her thighs. he was arrested in november 2023 at the u.s.-mexico border. khan's attorney tells fox his client is here seeking asylum, and he says his client denies the criminal allegations adding that they, quote, believe evidence will shed light on what occurred. about two hours away in syracuse, new york, prosecutors say jocelyn -- was suffocated on her 21st birthday by an illegal migrant, a man she had known in ecuador. president biden said he had worked to make the border more secure during the presidential debate, and former president donald trump talked about other recent high profile crimes involving migrants while saying that the border was to blame. >> we are living right now in a rat's nest. they're killing our people in new york, in california, in every state in the union because we don't have borders anymore. every state is now a border. and because of misery dick louse, insane -- his ridiculous, insane and very stupid policy, people are coming in, and they're killing our citizens at a level that we've never seen. >> reporter: and the criminal case where prosecutors say the woman was strangled, investigators say that suspect entered into the country illegally through el paso, texas. griff. griff: c.b. cotton live for us from new york. c.b., thank you. anita? if. anita: two nasa astronauts now hoping to return to earth sometime next month after a series of issues has delayed their trip home on boeing's starliner spacecraft. mad