cheryl: good morning. i'm cheryl casone for maria bartiromo. it is monday, august 14. 8:00 a.m. on the east coast. attorney general merrick garland appointing delaware u.s. attorney david weiss as special counsel in hunter biden probe the appointment allows wise to prosecute any

district fit rather than delaware, maria asked texas senator ted cruz about this on "sunday morning futures" yesterday. >> your reaction to david weiss named special counsel. >> he is a wildly inappropriate person to be special counsel we should have a special counsel, number one, we should have a special counsel to investigate merrick garland, for whether he lied under oath to congress in response to questioning from me, number one, and when he committed obstruction of justice those are both allegations, that came from the whistleblowers, number two, we need a whistleblower not to go back, and bury what hunter biden did what david weiss has been doing for five years what we need a special counsel to investigate joe biden, and the 20 million dollars that his family received while he was vice president, allegation now is for official favors that he was selling that is bribery, it is not a little gun charge

on hunter, it is bribery of the president of the united states what allegations are, this special counsel he ain't going to do anything to get to the bottom of that. cheryl: joining me now harvard law prefer emeritus alan dershowitz you are author of get trump, civil liberties due process constitutional rule of law reaction to comments from senator cruz. >> ted was one of my student one of my very good students i think over states it a little bit when he you accuses merrick garland of lying there is no -- no doubt, that there was a dispute between how garland s describing the role previously of david weiss how david weiss described it to friends i interested -- more to misunderstood heing what i would like to find out what david weiss actually did not

authorized to do what did he gailt did he look into breegsma or satisfy himself looking at gun charge a minor misdemeanor, and looking at two tax charges. i think it was a wrong person to pick for this, the regulation provides clearly special counsel has to come from outside government for good reason, what is so special about a special counsel, is that he doesn't have to answer, to the present administration he is independent but if you have somebody serves at the pleasure of the attorney general, and obviously, as he was attorney served as -- part of the administration that person should not be serving, in clear violation of the regulation i itself somebody probably has standing i don't know who to challenge this appointment under biden, he would want to do it -- prosecution would say they don't want to do it the question who has standing to

challenge this clear violation, of the regulation binding on justice department. cheryl: i want to ask you about because there could be some i mean, felony tax charges here, i mean, that is a possibility i don't know if going to happen we don't know -- if weiss is, the statute of limitations is interesting the statute of limitations on the tax and gun charges, so, if you think about it, if this is politically he motivated could push this out statute of limitations can run out for some charges then quote/unquote investigation, the clock runs out we are in november 2024 we still don't have a report from david weiss about hunter biden is this a way to politically you know, bury this if you will? >> i think we would catch him on that i think he doing this 60 years never seen a senate stat run out if about to run out prosecutors always say to defense attorney general to

lawyers look, either give us totally agreement extend statute or we -- get you tomorrow i never heard by accident statute of limitations runs out, the real question is not necessarily whether justice is being done, for ail know weiss is a decent guy pushing this, it is whether the appearance of justice when you have -- son of a president we have a possible investigation of the president himself, you better be beyond reproach make sure the special counsel is outside government as regulations require you have to make sure that there is no statute of limitations problem. i can tell you, i voted for biden -- if no changes of stushgz i tend to vote i am a democrat i do think special counsel has to be pointed to investigate whether or not president biden had connections, to son's dealings.

>> classified material those are paper cases that is not particularly important. you know. we have everybody in government has had classified it recall problems i think there is right now enough cause from local whistleblowers, and other allegations, to have somebody outside the government look to see whether or not president biden had any connection to his son's shenanigans i hope not it is not my opinion that couldn't is the objective -- that counts. >> whistleblowers did claim that weiss failed to follow the money trail i want to put that out there i do want to move to legal issues a big one, a fourth criminal indictment against president trump could be this issued week georgia grand jury may hear evidence today, former georgia lieutenant governor confirms testifying tomorrow a journalist posted he assessed call from fullerton d.a.

called to testify this would be fourth indictment of the formerp when do we stack this up in terms of difficulty? for mr. trump. >> right well you know in my book get trump i predicted all four so far all predictions have come true i predicted court no to the -- hunter biden, nomination, very nicely mark called me yesterday nostra damus if based on telephone call will fail it has to be taken literally in telephone call, president trump said i want you to find not make not concoct i want you to find, find has a meaning find means it is there just hasn't been found so if that is basis for the georgia case, there is nothing there. if more to it, you have to

wait and see what there is, that is more to it i am concerned again another effort to try to get, get trump. the problem with georgia indictment of trump he couldn't pardon himself it is a state s charge not federal it involves a federal election, that is another issue, how much power the state has when really to prosecute and investigate, a -- election investigating president of the united states federal investigation or whether every state can investigate federal election to its own -- these are hard legal questions, we will wait and seed whether he gets indicted my prediction will be indicted as in new york florida and district of colombia i showed nonof those stand up. >> you think this week, georgia this week? >> i think so, i mean could be

next week, but you the very soon because we know he is a target that -- testimony against him i think going to happen very quickly. cheryl: a nostradamus, al dershowitz always great to see you my pleasure. >> we've got more coming up this morning los angeles crime is out of control. you won't believe how much a mob of criminals got away with in latest snash sapped grab robbery california congressman garcia is going to be here to react you are watching "mornings with maria" live on fox business. . . ♪ ♪ . .

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completely ransacked by flash mob smash-and-grab over the weekend, 30 to 50 dressed in all black with faces covered grabbing as much as they could possibly rush out of the store within their hands, police describing group mob of criminals saying used bear spray on security guards got away with 100,000 dollars, in bags and clothing, this as "the wall street journal" reporters question if san francisco can safe its from the loop the city racing to come up with solutions for downtown, tech exodus homelessness street crime joining me california congressman mike garcia member house preparation intelligence committees congressman good morning. >> good morning, thanks for having me. >> a mayor of l.a. says that these people are going to be held accountable, but the problem is criminals in california, sir, are never accountable why would this be

different? >> yeah. that is flat-out lie the reality is that criminals especially folks that are know the law, are not getting arrested not held accountable, this is the mob you showed notdown fran not l.a. it is rampant suburbs of all major cities direct result prop 47 made felonies misdemeanors, slaps on wrist, prop 57 allows people to get out of prison early for felonies, a defund police movement criminals harvvting fruits soft crime policies, effectively turning a blind eye for a you few years now. >> -- >> i am curiosity in bear spray escalates it to assault to a serious, security guards could go blind from this is there any additional attempts to track down some folks now

that crimes have become much more serious? >> as to yeah, this sort of use of force with bear spray obviously, going to escalate things more attention on this but we are in a county, where our district attorney forgot d, in da, is district attorney not defense attorney a gentleman he behaving like penguin of gotham city in crimes like this the reality is these escalated what would normally be considered felony offenses not being charged it highlights how dangerous people can be not sump theft larceny in cases it is violence, reality is that we would have really taken all teeth out of the laws in california we've defanged local sheriffs lapd from able to do their job officials in local will area including karen bass are enabling this devastating to see beautiful state turn into what it has

because of policies elected officials not doing jobs. >> she is mayor of los angeles you mend george gascón recall estimates at least for gascón what are constituents telling you, what are californians going to vote differently is the most blunt way to say. >> it-billion-dollar question right there, when people can start voting for their own security, over a blind allegiance to a party loyalty, that needs to fundamentally be the catalyst that does change things in california shouldn't be about republicans versus democrats should be about our own security as a state, in our neighborhoods nation security, there are good people running for district attorney this year, there is elected officials up and down both parties pro law enforcement don't have get backing of the democrat machine in california where money comes from unfortunately we need voters to recognize

their security matters more than loyalty to democrat party machine from governor to local councilmembers when we realize that things will start to shift. cheryl: we asked the same question new york, you get what you vote for. i ask you about something else here with regards to your state two u.s. navy sailors from california are facing national security charges for allegedly sharing sensitive military information with china. in exchange for cash. doj attorney is urging that judge not release one of these sailors saying his mother encouraged him to give info to chinese intelligence officer might help land a job with government, are you familiar with this case? if so your thoughts. >> we opened case looking into it, obviously, on intelligence, committee but also like you said two gentlemen serving outside my district one part hueneme.

>> shameful seeing sailors mr. we, pate officer giving technical data export controlled data information, on combat shifts, to our peer adversary china one of the most flagrant offenses i have seen of espionage. >> you remember massachusetts that leaked a bunch of information to the russians in this case this behavior needs to be condemned, and charged, and punished to full evident stent in federal domains as well we continue tlailt this can't encourage this, another indication china in our nickers, not just military but cyberdomains as well as intellectual property, theft, and, frankly, predatory, we've got to be all-hands-on-deck to

defend again china can't have our sailors, committing espionage. >> let me ask you something else happening in california is this issue of land, outside -- northern california allegations now that mass amounts of farm lapd next to military installation i believe fort davis correct me if wrong, china that is buying up this land, the farmers that are -- saying there is nothing supposed to be farmland, zoned for that. nothing is happening about the land that is china i realize something you have been following as well darrell issa has been following. >> not just grill land some cases completely useless except outside a major military installation we see? my district with edwards air force base, plant 42 in my district chinese a big up parcels of land they aren't

idiots ccp knows how to have operate gain foothold you see see them in cuba central america why not do that they are now also, harvesting fruits of appeasement strategy from executive branch, that turn and blind eye to all this behavior if turning a blind eye not go after them not hol then accountable why would they not expand that continue to do is very dangerous situation vis-a-vis china. >> travis air force base i self-corrected my apologies to you wonderful men and women, at travis air force base northern california congressman mike garcia thank you so much for being here. we appreciate it. >> thanks. >> a lot more coming up this morning futures moving higher, to start a big week off to the retail sector, s&p up 1 1/4 --

we have expectations, coming up next. .

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cheryl: futures in the green ahead of busy week retail earnings we are getting home depot, walmart target tjx rosss stores on tap this week, getting day snapshot of the consumer july retail sales tomorrow 8:30, joining me, brad mcmillan brad what are you expecting, this week in particular retail sales, curiosity i think is consumer starting is to pull back we know spending on credit cards savings rates going down for americans, and they have been spending but is breaking point going to be tomorrow? >> that's -- that's what everybody is asking cheryl i think we have to look at two things first of all consumer confidence, if willingness to spend second of all, it is job growth, and wages the ability to spend, both remain positive. very positive. we have seen job growth

continue to do well, we are seeing more jobs wage growth, continue north of 4% real wage growth, when you look at confidence, even though we showed michigan number tyco down that was actually future expectations current confidence is very strong, i think a good week on the economic front. cheryl: mark tepper on set has a question for you. mark: i would love your read on inflation, just last week we saw cpi accelerate from 3.0, to 3.2, a little better than expected the cleveland fed expecting next month's data coming through that inflation is going to further accelerate up to 4.0. do you think we are winning the battle on inflation? or is there more trouble ahead? >> into i think we're going to see continued improvement the reason for that is pretty simple when you look where inflation has come emfrom goods inflation is still

declining service inflation is where problem is service inflation almost intirl housing look at housing we know coming down, so i think a real tailwind to get inflation down. but the problem is going to be energy, that is really what is going to determine the headline number, underlying tripped pretty positive. cheryl: i would be surprised to see 4. cheryl: i think your point is well made about energy, oil prices now 82 dollars barrel and change today, looking at gasoline prices hitting reported for this year, in middle of the summer driving season, jet fuel, et cetera. but, you know, if you look at retailers i think interesting is from retailers, is again goes back to the economy, brad, is are we still seeing high consumer spending at walmart going to walmart for groceries, to target for groceries? are they buying other items,

the inventory story. target expecting issues about that supply problem they have with their the backlash against that but in general, this could be this could be rough reports we're going to get this week. >> there is going to be rough reports on earnings front largely because of some cost pressures, cost pressures not going away especially looking backwards better going forward, serving from earnings perspective, we could have challenges here i think one hundred percent about that cheryl. but what i am more interested in, interested in revenue not just interested in revenue but interested in revenue and volume. one of the things we've seen on russian side we've seen them going up simply because of precise increases we have seen margins increasing, even sales volumes go down, so that is real question going to see, the consumer come into play, sales volumes what the wall street is going to be looking at do we still see not so much

numbers, the consumer affected by inflation but taking down the are people buying things. >> interesting because look at estimates for revenue home depot, target on year-over-year basis looking for a decline on percentage basis, walmart 160 billion estimate for revenue, that is 4.7% jump from last year a very interesting report i do want to ask housing starts permits, getting that from july you have 30-year fixed pretty much 7% you said housing sector can help bring inflation down over the next few months, how so? >> when you look at how housing inflation is mentioned this -- this is statistical issue they don't look at housing values of course going up look at owner equivalent rent how much owners think they have to pay to -- or

renting it out doesn't necessarily follow housing prices, or mortgage rates because costs are going up you are quite right. but, the way we measure that we look at actual represents that is designed to measure tw with 12-month lag, so we've seen rate of increase inflation for rents declining in terms of current data not in inflation data yet we know what is going to happen to housing a inflation next 12 months, it is going down a lot. cheryl: interesting, that would be i guess somewhat good news interest rates probably -- going down, brad mcmillan thank you so much for being here. >> thank you, cheryl. cheryl: all right. . we have a lot more coming up very latest on the devastating maui wild fires. the death toll nears 100.ch a live report from hawaiian island coming up next. . . to save and spend their money with chase.

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. cheryl: at least 96 people now confirmed dead in hawaii after fast-moving wildfires devastate the island of maui, search and rescue searching for people counted as missing max is live in maui with all the latest, max. >> good morning so much heartbreak on this island, still no answer to why these fires started, but a new class action lawsuit pins blame on hawaiian electric power company here alleges hawaiian electric ignored warnings kept lines electrified, the governor ordering investigation the governor said firefighters officially thought this fire was out, winds whipped up blowing upwards 80 miles per hour causing what he called a fire hurricane. take a listen. >> that meant that fire travels one mile every minute. resulting in this tragedy,

with those winds 1,000-degree temperature ultimately all pictured you will see will leave to you understand. >> local government here still limiting access to lahaina devastated by fires, saying still unsafe recovering bodies one case entire family of four was identified as victims, curfew in place on west side maui from 10 pm to 6:00 a.m., access during day limited to resident people with hotel reservations according to governor more than 2700 buildings destroyed vast majority houses so many without holmes need immense, around 4500 people now need shelter, government nonprofit organizations are distributingated made to for supplies a need to process this trauma. quite a bit of shock how it happened where people were dying in cars dying in houses to jump into ocean what i

tried to do to listen. and some people like to pock it up some people don't like to -- >> death toll is expected to rise hundreds still remain missing, people urged to provide dnuchta so victim can be identified. >> max gordon so heartbreaking thank you for that for us from maui really appreciate it. >> thank you. >> we let you know fox is partnering with red cross to help those affected by wildfires you can ub text hawaii to 90999, a ten there are a donation or scan qr code on your screen to help these victims out. >> taiwan vice president, his campaign in upcoming presidential election was in new york yesterday, saying that taipei will never back down in face of china threats, also expected to visit san francisco on his way back to taiwan wednesday, china is

condemning transit to united states calling him separatist troublemaker joining me, center for nool interest senior fellow kristen whiton. >> good morning, not a surprise chinese would be annoyed he was in new york, but what figurehead is he does he represent do you think? in china's aggression towards taiwan for whatever reason they have not yet made a military move on to land in taiwan. is this the spark? >> i don't think this will be the spark, he is current vice president but front-runner to become president elects around when we do, and, even this is a routine checking of the box by someone about to rise to that spot comes to united states, because of diplomatic status not we do not allow them to white house and meet

as with leader or vice president, of another democracy on away to inauguration, numbers of central american countries taiwan has relations instead of with mainland china trait you will probable see acting out escalation, of chinese military activity, that is what they've done, for example, in u.s. speaker of the house previous one nancy pelosi visiting taiwan the pathetic acting out that they can't tolerate you know official stopping by two american cities. >> the question about posturing. >> cherise has a question. cherise: taiwanese election i ammious thoughts with this where china is, leading up to election in attempts to maybe sway voters from candidates that would be more controversial to the cccurious

how sufficiently that might be. >> that many certainly backfire the incumbent president heading into difficulty reelection when events in next door in hong kong basically china crushed democracy in what was -- freedom in hong kong, freedom of the press that helped out incumbent democratic progressive party, william is also a member china thinks can scare taiwan usually backfires china also trying to influence united states when biden was vice president u.s. put thumb on scale to help that soft on china before opposition in taiwan whether biden administration passively intervene unknow likely i will

to have less impact on taiwan. another, facing biden administration gop lawmaker slamming president other proposed deal with iran to release five jailed iranian americans in exchange for six billion dollars in assets, imprisoned iranians, mike turner yesterday i want you to wash. administration has signaled, that the release of detinies is part of a broader negotiations to where this to reinstating some controls on nuclear weapons enbritchment programs, the "new york times" reported administration maybe pursuing informal detail as opposed to formal deal that had congressional oversight if a secret detail that is very concerning, to congress. cheryl: any way a deal with iran? >> yeah. but contrast when what we're doing with china or with our -- our allies, so -- while the

administration has changes on saudi arabia, began with trying to ostracize this country paying 80 bucks a barrel for oil romanceing adversaries a lot to pay for five hostages maybe we ought to create a little bit of pain for iran, this administration, it is very focused on getting some people out good, bribes to russia, iran ignored disdents like jimmy lai in hong kong on sift to reagan approach where you spotlight dissidents pay off adversaries to get a few americans out a few people out. cheryl: i want to ask about russia because one of the warships fired some warning

shots at pavilion cargo ship in black sea yesterday, acknowledged patrol ships, inspection russia considering all ship sailing towards kyiv potentially carrying wvpz after pulling out of ukraine grain deal last month i want your thoughts on this the fact that the white house is going to send 20 more billion dollars plus to ukraine. billions. >> yeah. yeah maybe people maui would like some of that money what russia is doing is basically trying to shut down, the -- the grain export scheme full, pulled out of the agreement, with turkey with ukraine, over that grain export deal now by inspecting ships, sending a message ukrainian grain will

not be exported to black see the american public has changes view doesn't like, stagnant wars this much ballyhooed counter fvns springtime now late summer ukraine made no progress fighting war of attrition with russia much bigger country, win, win, win strategy the administration pursued without clear goals clear off ranchers serious negotiations seems not going anywhere. >> americans have very good memories about 20-year war in afghanistan the like, american lives lost. >> good to see you. thank you. >> we've got more coming up beyond the border crisis. illegal migrants taking over blue cities across the country, gop presidential hopeful have plans to stop it fox business madison alworth live from randall's island

with more. good morning, good morning, cheryl i am on soccer field from behind me, now they've almost entirely completed, a shelter for 2000 migrants thousands of miles from the border everywhere could be a border town, going to be hopefuls say they have a plan i break it down after this. . . let innovation refunds help with your erc tax refund so you can improve your business however you see fit. rosie used part of her refund to build an outdoor patio. clink! dr. marshall used part of his refund to give his practice a facelift. emily used part of her refund to buy... i run a wax museum.

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this is the way. you really went all out didn't you? um, it's called commitment. could you turn down the volume? here, you can try. get way more into what your into when you stream on the xfinity 10g network. (aidyl) hi, i'm aidyl, and i lost 90 pounds on golo. i struggled with weight loss and weight gain my entire life. with all the yo-yo dieting i did in the past, i would lose 20, 30, 50 pounds just to gain them over and over again. thanks to golo, i've been able to steadily go down the sizes in my closet and keep the weight off. for the first time in forever, i feel in control. (announcer) change your life at golo.com. that's golo.com. so, you've got the power of xfinity at home. now take it outside with xfinity mobile. like speed? it's the fastest mobile service around. with the best price for two lines of unlimited.

only $30 bucks a line per month. that's hundreds in savings a year when you wave bye to the other guys. no wonder xfinity mobile is one of the fastest growing mobile services. you really shouldn't walk out the front door without it. switch today at xfinitymobile.com handling of southern border plenty of attention from 2024 candidates madison alworth live from randall's island new york city with more. >> good morning, cheryl soccer fields into migrant shelters latest policy when it comes to handling this crisis here in new york city, when you look at the southern border illegal crossings created a problem across the u.s. nationwide u.s. struggling to find space to house these migrants, republican presidential

hopeful taking issue head on, like senator tim scott said will add more agents to the border immigration judges to review you asylum cases. >> starting at the southern border we should all exercised every county in america is border county because of lives loss to the fentanyl. >> every county being a border county that is why, the southern border was common topic in iowa this weekend, state 1,000 miles away from southern border, republican candidates taking head-on nikki haley highlighting time in the united nations work she did with migrant crossings then as reasons the one to get things done. >> have you have to happened to it governor abbott for putting it that barrier there his job is to protect the people of his state, he needed to do that because president biden wasn't doing anything we

have to start doing that. >> miami mayor francei swairees vice president mike penn stood on need to classify cartels as criminals terrorist organizations to address human smuggle drug trafficking problem. >> the southern border united states, now, millions of people come to cross, the border as president we will secure the southern border of the united states of america. but i recognize as well, the cartels are national paramilitary criminal organizations. >> a elsewhere former president trump slamming biden over what he calls a catastrophe at the border defending administration efforts particularly on border wall florida governor desantis planning to end birthright citizenship send u.s. forces into mexico democrats have begun to speak up choorls rk,

jr., calling the situation ununseasonal, those on both sued everyday i'll frustrated especially feet long you look at cost of mike situation in new york new york city is paying, 9.8 million dollars each and every day for housing healthcare education, you name it. and for facilities like the one behind me once a soccer feel serving thousands of new york city students, soon to be newest home for 2000 migrants, cheryl. cheryl: a lot of angry parents in this city madison over that decision. madison alworth thank you very much, what do you make of in? your a sanctuary city you get when you say a sanctuary city right to shelter you get a 12-billion-dollar price tag. cherise: you are right the results of bad policy that was voted in, right people wanted this, stated on social media

accounts open arms let's do it now they are reaping consequences, the biden administration has been in office we have team -- seven million illegal immigrants what we know we are spreading them out to cities, every city is going to be a border city, fentanyl crisis, what we should do next let's go ahead combine all those reputations that were made by candidates into one policy actually because they all brought up interesting points but different points all needed to be executed on. >> more than 500,000 people left new york city between april of 2020 and july 2022 your tax base fled to be clear here, now tax payers are supposed to put the bill. mark: we have to remember, in economics the government produces nothing, zur, zht, nada only way money to support migrants homeless or low-income people is by having

people paying into the system when taxpayers look around, they say "wow. we are amongst the highest -- as far as tax rate goes in the entire country" what are we getting for tax dollars? we can't go to can't go into a store, never safe there is crime all over the place. cheryl: an kids can't -- >> not doing the job, we are taking aad quick break. we'll be right back.an h .ke s.

cheryl: time for the big buzz of the morning, crop tops are for the boys, arizona cardinals quarterback receiving criticism for crop top during practice the other day. it looks like a sports bra that women wear. back in 2016 ezekiel elliott the cowboys to keep after he wore something similar during the nfl draft. i'm not sure which is worse, zeke or kyler morley and jim murray. >> as a fan all defended zeke, he was making fun of himself but kyler morley, this is all your vitals you have to wear sports were. >> you would think men would reject the styling and, it's to track your vitals but men would say i don't want this, make it

look more masculine. >> it is a vest from catapult sports and according to the website it tracks all the things in this movement but is not the fact he's wearing a sports bra but the fact the way he standing there and is getting crucified. >> not a good picture. we hope he heals and get the plane for the cardinals soon. thank you for being here with me today. "varney & company" is up next. stuart varney taken away. stuart: good morning, everyone, the news does not take the weekend off. president biden does, we will get to that and the moment. a special counsel named to investigate hunter, congressman sgreg steub