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>> that is the united states air force's ceremonial brass quinntet playing god bless america as we honor the air force's 75th birthday this morning on "fox & friends." good morning, welcome to the program, will cain, pete hegseth, rachel campos duffy on this fourth hour of "fox & friends." >> not three, four. rachel: number four. >> and the best it's the fourth. rachel: it's always the best. >> we get so much practice. rachel: it's a lot of pressure, pete. >> watch the 6:00 a.m. hour, what are we talking about. rachel: the coffee hasn't kicked in yet. at this point we're fully caffei...

first line. politics cannot be allowed to impact the administration of justice. so we'll focus on the filing ahead and the chances that a judge will agree with any or all of it given how late in the process it is. we'll also examine how the various assertions of fact in the filing actually stand up to the facts themselves. also tonight, a cnn exclusive. late word that the justice department has issued a new subpoena for more january 6th-related documents. cnn's kaitlan collins starts us off. what is the former president and his legal team seeking in this filing? >> reporter: a few ...

it strikes and claims it makes neither of which are typical of the category. quoting now from the introductions first line, politics cannot be allowed to impact the use of justice. so, we'll focus on the filing ahead in the chances that a judge will agree with any or all of it given how early in the process it is. as well so examine how the various a surgeons are in fact in the filing, actually stand up to the facts themselves. also tonight, cnn exclusive that the justice department is issued a new subpoena for more january six related documents. katie collins starts us. off what is ...

>> historic flooding in texas. not seen in decades. >> the u.s. markets finishing sharply lower for the second day in a row on more concerns about the health of the u.s. economy. >> can we bring inflation down without triggering a recession, and my answer to that question is i don't know. >> live from london, this is "cnn newsroom" with max foster. >> this tuesday, august 23, 9:00 a.m. here in london, 4:00 a.m. in washington and we begin with exclusive cnn reporting tied to the january 6 investigation. we've learned the u.s. justice department has issued a new subpoena to the nationa...

Want. not even the people on martha's vineyard want it. they want it in el paso and brownsville and eagle pass or under a bridge in del-rio. they don't want it in their cities. but it is happening. we are all becoming border states. >> you're precisely right. rache.rachel: joe biden is flyg them everywhere. >> it's so repetitive. the democrats created the wide open border. rachel: we had the most secure border in 40 years. >> that's a fact given. rachel: under trump. it's important to note, in 40 years we had less people coming across our border illegals under trump and they stopped the wall, ...