demanding the federal government do more. >> the city of chicago cannot go on welcoming new arrivals safely. >> as thousands of migrants sleeping at o'hare airport. >> i don't understand how he has been able to allude the police this long. >> schools shut down neighborhoods on high alert. dangerous killer broke out of a pennsylvania county jail. >> he will slip up. >> the nfl season kicks off tonight. >> we have a full slate of nfl game matchup on fox. >> here we go. >> caught it. >> steve: good morning, everybody. it is thursday, september 7th, 2023. 6:00 here in new york city. and we start this first hour of "fox & friends" with this. hunter biden, the president's son is expected to be indicted by the end of this month on federal gun charges. >> carley: this means the president's son could be tang dwelled up in a criminal trial at a critical time in his father's re-election campaign. >> brian: maybe joe will come in and testify on his behalf. lucas tomlinson joins us live from washington, d.c. he checked the schedule. lucas, were you disappointed that you had been chosen to kick us off today or are you looking forward to kicking us off today? >> always a great honor, brian. the white house and hunter biden thought his legal woes were behind him. walk into the courtroom in delaware cop a plea deal and put this whole thing behind him. that didn't happen. the judge pulled on that thread and the whole thing fell apart. david weiss has been named special counsel and in a new court filing he says, quote: the speedy trial act requires the government obtain and return an indictment grand jury by friday september 29th, 2023 at the earliest. the government intends to seek the return of an indictment in this case before that date. thus, the government does not believe any action by the court is necessary at this time. so, another indictment is expected for hunter biden on that gun charge. now, the president's son also facing more heat from house republicans who have requested documents detailing why that so-called sweetheart plea deal fell apart and have requested the national archives turn over emails about communications between then vice president biden's office and his son's business associates. >> we know merrick garland has told the national archives not to cooperate with us. our sources at the secret service say that mayorkas called them to tell them to stop cooperating with comer and the oversight committee. so mayorkas and merrick garland are part of the cover-up. these are the two arguably highest ranking people in the biden administration. >> here's the white house's written response. if it's a day that ends in y, james comer is lying about president biden. it's all part of his months' long effort to waste time and taxpayer resources on evidence-free wild goose chase that does absolutely nothing to help improve the lives of americans, which is what congress should be prioritizing and is only focused on politically smearing the president. and now for the in person response from the white house press secretary. >> republicans have just sent out a letter to national archives requesting unredacted records from the office of then vice president biden. how do you respond to criticism that that shows there was no wall between then vice president biden's work and his family's business dealings? >> i understand the question. i appreciate the question. i get the question. i'm just going to let the white house counsel team answer that question. >> now, the white house -- excuse me, the house returns from summer recess next week. safe to say this is an issue the white house and biden campaign did not want to deal with this fall and into the 2024 election season, guys. >> steve: yeah, they thought it was going to be over, you know, until that judge blew it up in delaware. real quick, lucas, so when the national archives is asked from the house, which has oversight capacity over it for records, they are obligated to do it although it looks like they have kind of slow walked it. the administration is saying that there are a couple of hundred of these emails protected by executive privilege where secret stuff is and we will never see it, right? >> that's the big question, executive privilege. however does that go? how many emails? is it hundreds? is it thousands, steve? >> brian: lucas, this is just the gun. nothing about foreign trade. nothing about tax evasion. just the gun stuff, right? >> that's right. the tax evasion is what many people are looking at in fact many federal prosecutors, retired federal prosecutors here in town say most people would have gotten 3 to 5 years for those kind of charges, owing millions in cash to the u.s. government. remember that baltimore police commissioner. >> ashley: he got 10 months for the same exact thing that hunter biden was willing to plead guilty for. >> brian: right. >> steve: thank you for kicking us off today because we are doing the first day of the nfl season and by the way carley is here today. >> carley: hello. >> steve: good to have you. >> brian: jimmy johnson and joe theismann here to ask them questions. >> carley: usually people lump the three of us together. >> brian: you will end up -- >> steve: going back to what lucas was just talking about, with the status report that both sides gave, hunter biden's team essentially is saying hey, we have a deal. >> carley: yep. already signed. >> steve: the other stuff went away but we have got a deal on the gun thing. so abbe lowell, his very capable attorney said yesterday in that status report that apparently hunter biden has been living up to the diversion agreement, which includes checking in with his parole officer. he is not using drugs. he doesn't have a gun. so they are pretending they have got a deal. but the government says what, are you kidding? that thing blew up. now, next stop could be a trial. >> carley: given david weiss' history and what we know about him so far, i would be really surprised if these charges are any more serious than we have already seen. the "new york times" did report that david weiss wasn't gonna charge hunter biden with anything until the irs whistleblowers came forward. and then it took him five years to investigate this while the most serious tax allegations the statute of limitations expired. i'm open to surprises but i wouldn't be surprised if anything comes down in this indictment is going to make hunter biden sweat. >> brian: i have flipped over to see if anybody on the other channels would cover this and anderson cooper is covering it. >> steve: who? >> brian: and david axelrod says it has nothing to do with joe but. it had nothing to do with joe, but -- how many more times can they continue to same this has nothing to do with joe. is he having dinner with these international business people. is he quoted. he is cited by his son as saying my dad is sitting next to me. we know all the entanglements. sooner or later even kjp is going to get questions what was joe doing meeting with the president and doesn't he look like he flat out lied multiple times when he said he knew nothing about his son's overseas business dealings. i'm not interested in the crack head lying on a gun charge as much as i'm interested in what was that guy doing pretending to be an international businessman making millions of dollars off his dad's name and his last name. >> steve: the gun charges actually going to be the easiest one to prove because he clearly did lie about it. >> carley: he wrote the memoir saying he was on drugs at the time. >> steve: he confessed. federal prosecutions are relatively rare on this kind of gun charge for the most part. so look for, as a stand alone charge. so look for them to be combined with tax charges as well. and, you know, we don't know in the status report it didn't mention any other charges or might they be looking, brian, at the entire biden crime family as james comer refers to it. it's just about the money. it's about he didn't pay taxes on it. and because ever the statute of limitations ran out on a couple of years, they are very limited. >> carley: but the other thing about david weiss is why would he, when he was ready to enter a plea deal with hunter biden and he said he had full authority over the investigation, then when everything fell apart turn around and ask to be named special counsel? >> steve: right. >> carley: the way it was explained to me is that it could be now that he has authority to bring this case to a more favorable jurisdiction like california, hunter biden gets probation and he says that he did his job. >> steve: he says he couldn't do it before. >> carley: which would be so infuriating for other people who didn't pay their taxes and went to jail. >> steve: david weiss said i'm not decider, somebody else. now merrick garland gave him the authority. go ahead. you want to charge him in california or d.c., go ahead. >> brian: just backs up what the whistleblower said. that in a meeting, that there was notes were taken in real time. he said, you know, i'm not able to get special prosecutor status. when i went to prosecute los angeles. brought to d.c. rejected. now he has got the power to do it. here's the thing that is so interesting. comer has to continue to look for the accounts that will continue to amass totals of money that no longer exists and taxes that were never paid. because we don't know how much he actually made until we can unmask a lot of the accounts overseas. and with joe biden's pseudo name that was discovered and 5,000 documents exchanged, there is so much mystery yet to be unmasked. >> carley: and do you remember this from the "new york post"? this was a couple weeks ago, the $20 million web. and you are right. this is kind of hunter but mostly about this big guy. 8.1 million from china. 6.5 million from ukraine 3.5 from russia and we know hunter biden did pay at love joe biden's bills. >> steve: he did indeed. we have the receipts on that as you could see. >> carley: thank you for calling me a kid. >> steve: james comer is trying to build the impeachment case against joe biden separately. i was talking to somebody in congress last night and they said that because they don't have nearly enough republicans on board there are a moderate republicans who say i don't see the there there. they won't take that vote of the impeachment infiery vote on that. instead what they're going to do you know, yesterday we were talking a little bit about how republicans have brought impeachment articles against the president lauren boebert did it in june over the border. so apparently the house is going to take a look at which is in committee and put all the stuff, all the eggs in that basket rather than trying to get a vote because they don't have the votes right now. >> brian: let's talk about what is happening in new york city more than anything else but almost every major city in the country. we have looking at between 4 million and 6 million people here illegally just crossed into our border, we have 100,000 plus crossed into new york. 84,000 estimated to be here now. those kids 19,000 strong plus are entering into new york city schools. many speak spanish. others speak other lang wagets. and now there is guidance to given to teachers in overburdened schools who are believe it or not under financed and we know for sure under performing now they have to absorb 19,000 children and they are probably wonderful kids. who is anti-kid? nobody. but now they are going to burden our system that is already in debt and now there is warnings given out and instruction given out to teachers who are underpaid and under appreciated to this. and these students are coming in, not speaking english. if you speak spanish, good. if not, use some federal funds and get their native tongue. >> steve: it's interesting. because, you know, the city didn't know what they were doing for the most part. they are making it up as they go. they said 19,000 students last week and in the new guidance from the department of education, they said today because today is the first day of school here in new york. expect 21,000 migrant kids. that's 2500 more than just last week. so they have put together what they are referring to as project open arms, and for the most part, you know, there is no estimate of how many kids might show up today. it does say you can't turn anybody away. and, for the most part. these kids are going to show up. some of them not have any supplies. go into the supply closet. get the stuff they need and just pretend everything is normal. >> carley: this is from the department of education. it was a short memo sent to teachers across new york city. and it says students may require assistance with their english language skills. in order to interact with their peers and teachers, acts of the curriculum and express their needs. if available you are encouraged to identify a staff member at your school who can communicate in both english and the family's preferred language. students may arrive without any splice. please consider utilizing title 1 student and temporary housing funds to create care close success or care packages to provide school splice, clothing, shoes and hygiene products/to toiletries. >> they looked at the issue abortion and roe v. wade. the i got it, the dobbs decision. that's what happened in 2022. this decision right now by this administration to collapse the border, refuse to enforce and now allow people to go into the major democratic cities who are sanctuary cities, could be the death knell for this party and flip all types of states and seats. now, president biden is taking the blame and he should. the mayor of new york has been consistently saying i'm getting no help from the state. i'm getting no help from the democratic federal government. but, listen to mayor adams as he shifts blame to a man we know has a tower named after him and used to do his business in new york. listen. >> this issue will destroy new york city, destroy new york city. we are getting 10,000 migrants a month. one time we were just getting venezuela. now we are getting ecuador. now we are getting russian speaking coming through mexico. now we are getting western africa. migrants, this is a national problem it. should be handled by the national government. but let's be clear, this mess is -- is trump republican mess. real immigration reform. i'm hearing those coming out saying eric is right, eric is right. don't pick half of what you say i'm right on. pick the other half that trump republicans created this mess. and we need to fix this mess with real immigration reform. >> wow. i would love to hear how the trump tried to build a wall and illegal immigration went down is responsible for the crisis right now where 110,000 illegal immigrants are in new york city. >> steve: and whether we look at the numbers, bowers 9 numbers are squishy, they are fungible. hard telling how many are actually here and mayor adams blames greg abbott down in the great state of texas for busing all the people. in and we put up a graphic yesterday. and we just heard adams say we get 10,000 migrants a month. the yawsk we showed yesterday was that only 11,000 have been bused by him. and so the rest are just coming on their own once they are released into the country. it's interesting, going back to the fact that today is first day of school. kick in the ed is the cover of "the new york post." they say according to the post, the overwhelming majority of the kids who are going to show up in school today are asylum seekers and an overwhelming majority of the kids were in class last year. so, in other words. >> carley: what does that mean? >> steve: these kids were in school in may and june. they know these kids. they know exactly what they need. thawhy they hired 200 teachers o teach english and 175 who are bilingual the problem is there are so many other languages other than spanish. >> brian: there is no way donald trump is to blame for this. if nothing else, he was so aggressive, you were angry at him for being aggressive at the border. didn't like his tactics because it was sending the wrong message. >> carley: right. >> brian: to the city with the statue of liberty. now you got your liberty. you got your illegal immigrants. and you are blaming the guy who tried to control the border? that is insane. >> carley: that proves that mayor adams takes his political career more seriously he cares about that more than actually resolving this problem. he has been sounding the alarm saying this is draining new york city taxpayer money. he says it's going to cost $12 billion over the next three years if this level -- this number of migrants keeps on coming into the city. he turns around and not only blames the former president who was the strongest when it comes to illegal immigration. >> brian: soon to get rid of sanctuary cities. >> carley: entire platform running for president. is he also advocating for increasing, expediting work visas for illegal immigrants because he doesn't want these people to drain resources. on the other hand, though, if you are doing that, that doesn't sound like a good plan to get people to stop coming here. >> brian: it's a magnet. anyone think down the line? >> steve: ultimately the kids going to show up today in school because there is such a bad amount of planning going into it, essentially all they are going to do, this is going to be day care for them. it's going to be better than the shelter but the kids are not going to be able to learn. that's a problem. >> brian: probably better than what they have got in their country. >> carley: for sure. a pennsylvania school shut down again as the manhunt for an escaped prisoner continues. his insane jail break caught on camera and we've got the video. >> steve: plus, football professional is back. it's my kansas city chiefs vs. the lions tonight. can kansas city repeat as world champs? of course they can. >> brian: all right. we're going to ask the quarterback who knows what it takes, super bowl champion joe theismann always smiling ♪ baby let's go ♪ there are too many options. how do we decide what hotel to book? 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