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independents only 36% want to see biden on the ticket. 58% say they want to see someone else. >> dana: if that's not enough of a warning sign, the same poll shows biden running six percentage points behind trump. five behind desantis. those kind of numbers have republicans pointing to a big problem for democrats. >> no president has ever had these kind of numbers and won in a second term. if i am the democratic i would be in a panic. those are dismal numbers, not just bad, they're dismal. it really shows that even democrats don't believe he has what it takes to go to a second term. >...

brian kilmeade is here. we begin with the report from special counsel john durham. nearly four year since the beginning of his investigation of the origins of the trump-russia collusion narrative. the special counsel concluded the fbi and department of justice failed to uphold their mission of strict fidelity to the law. pastor g sherry committee chairman j jim jordan inviting m to capitol hill. mainstream media and democrats trying to write off the term report is nothing new. >> durham's whole thing is that rabbit hole conspiracy. >> it's a predictable, sad ending to an investigatio...

russian probe. they said his campaign was colluding with moscow. you would think they would turn in their pulitzer prizes and apologize to the american people. nope. not a chance. >> the former president predicted that durham's probe would uncover, quote, the crime of the century. doesn't look like it actually did that. >> the whole thing is predicated on a rabbit hole conspiracy. >> the conspiracy theory is walking through the fevered swamps of trumpism we well, probably a career ending career reputational damage. >> a whole lot of nothing. >> four years, i don't know how many milli...

harsh enough. but penny's lawyer that he should not be punished for putting himself in harms way to protect others. what is a safe was behaving erratically yelling and ranting at subway writers. if you look at some of these recent events in the country whether it is the mass shootings or stabbings or people with patches in new york city, when somebody comes in and says i don't care if i go to jail i do not care if i get shot i'm going to kill somebody, you have to take that seriously. i can very much see a marine saying let me be proactive instead of waiting and then regretting i did...

the latest developments. hello, cb. >> mike, good afternoon. the legal team is calling for upgraded charges and attorneys for penny say the mounting defense will exonerate their client. this insight shared last night by penny's attorney thomas kenneth during wabc radio show katz and cosby. and the attorneys say, quote, they were led to believe this case was head today a grand jury and caught off guard when d.a. decided to arrest him on manslaughter, a penalty up to 15 years in prison. he was released on a $100,000 bond. some legal crit exsay this process has been political. >> if the...