>> ainsley: we begin with a fox news alert. georgia grand jury charging former president donald trump and 18 others, including rudy giuliani and the publicist of kanye west over alleged efforts to overturn the 2020 election. >> steve: it is trump's fourth indictment in five months, as he seeks another term for the white house. >> brian: outside the courthouse where the action is. >> the former president is lashing out against prosecutors

saying this is politically motivated. mr. trump says this politically inspired indictment could have been brought close to three years ago was tailored for placement in the middle of my political campaign, where i am leading all republicans. the former president and various others face charges, including violation of oath and filing false documents, all have been charged with violating georgia's racketeering law, which carries 20 years. defendants include handwriting former white house chief of staff, mark meadows and former attorneys, including rudy giuliani and sydney powell, lists scott mccaffey to preside over the case and join the fulton county superior court earlier this year. hours before the indictment,

incomplete document listing the same charges briefly appear said on the fulton county court website before being taken down. my colleague bryan llenas pressed on what happened? >> i don't work that system, i will not speculate. next question. >> moved on to the next question there. trump attorney alina habba was on sean hannity last night and said none of the defendants received advance notice and learned about them watching the news that unfolded overnight. the da is giving the defendants until noon on august 25 to turn themselves in voluntarily. back to you, guys. >> steve: and might get mug shotted at that. >> yes, the sheriff says the

current plan is mr. trump and all defendants will receive mug shots as they would handle any other defendant. fulton county jail right now is being investigated by the justice department, they are investigating the conditions there after the death of an inmate and so there is obviously negotiations, especially in mr. trump's case with the secret service. we'll see if he is booked for the traditional process. >> steve: we will indeed. thank you very much. dial in former acting attorney general under donald trump, mat matthew. matthew, a couple weeks ago john laurel said i would like to see this federal case on tv. you can't really televise a federal trial, but a state

trial, you can, he may get his wish. would a televised trial help the president? >> on one hand, steve, and this is a great question. as former u.s. attorney, i'm in favor of and home state senator chuck grassley is in favor of broadcasting and allowing tv in federal court. that is all the way from district court to supreme court. american people should have transparency. the open record law and sunshine act require proceedings to be on tv, it will be the first chance the american people are able to see into the proceedings. yesterday when the indictment was presented to the judge, you heard everybody yucking it up in the courtroom. people want to see how justice works. >> ainsley: play it out, what

does it look like in the future? if federal cases, if he wins p presidency, he could pardon himself, but he can't do this in georgia. how does this all work? >> brian: you get a snack? >> i don't know if there are snacks involved. on that question, there is a lot of twists and your honor its. biggest question is the timing of the matters. what trial goes first and when, before or after the primary, before or after the convention or the general election in november. the challenge with the georgia case, the governor, the president cannot pardon anyone convicted, in that case, it would go to a five-person panel in georgia. we're a long way from anybody

being there and serving time. there will be court proceedings, i'll be on the show talking about it many times. >> steve: and we'll have snacks. >> bryan for sure will have snacks. >> this case in georgia is serious and also, they scooped up as many people as they could, especially appears fani willis didn't like and charged them with very complex conspiracy. >> bryan: matt, president wants to get out of atlanta, fulton county, saying these people didn't vote for him, no shot. secret service will protect him rest of his life, they will not go to jail and protect him. is there a scenario where he does go to prison, if found guilty? >> that is an unknown answer.

probably most likely interpretation, secret service is required to protect president trump 24 hours a day seven days a week and it would be impossible to do that if this turns out in a conviction, which again, i think there is a lot of legal process and unprecedented decisions. a lot of legal theories, the rico act, the reconstruction laws, sarbanes-oxley laws. i think the road to justice is a well worn paths, but each prosecutor has taken an aggressive approach. >> steve: exit question. over the last 24 hours or last week, former president and his campaign have attacked the da

who brought charges against him. if you were acting as former att president's attorney, what would you tell him? >> the real question in this case, we need to remember that fani willis is an elected official, a democrat, she campaigned on platform of doing exactly what she's doing now and she's politically ambitious. this prosecutor has not held herself out to be above the fray. i think donald trump should and will defend himself vigorously. >> steve: he's doing it on truth social. thank you for joining us today. >> ainsley: to fox wildfire alert, death toll in maui climbing to 99 with hundreds still missing. officials say nearly 3000 houses are destroyed as emergency crews

search ashes and rubble, hoping to find missing residents. >> steve: and white house dismissing no comment to a bloomberg reporter. >> you have gotten full reports on who the president connected with and heard from us when the president talked to the governor and the senator. you heard from the governor and senators on the ground saying how much they appreciate the work from the federal government and this president and that matters. >> brian: really? unbelievable. fema says there is no time table for presidential visit or vice presidential visit. bring in will cain, who has been covering the wildfire devastation as quick as he could. he joins us live from maui with a citizen there, from church pastor craig beckham and his wife sara. will, take it away.

>> will: that's right. good morning at citizens church with craig and sara. we are on western maui, behind check points. it is isolated from the world. cell service and everything is down. we're with you this morning via star link and in that gap stepped up citizens like citizen church. pastor sara, you are providing relief effort and everyone helping good percentage have lost their homes. >> yes, we started helping on tuesday when we got the word fire was bad in lahaina. we went into relief mode and had people at the church for four days straight and were joined by mercy chefs and we have been feeding the community. today we put out 3000 meals with

our volunteers. >> will: people of your community and church are serving meals to people without homes, they themselves are without homes. maybe 30 or 40% of our church lost their houses. they don't have anywhere to go, but they have chosen to serve others. others are here 12 to 16 hours per day doing meals, sitting with them, crying with them, coming alongside even though they are sleeping in temporary housing or in their cars because that is all they had. >> will: go into any parking lot and you see people sleeping in their car. thank you for what you are doing and thank you for hosting us here at your church. thank you for everything. >> thank you. >> will: back to you guys in new york. >> steve: for folks who would like to help go to citizen.church, to help them out. >> ainsley: truly amazing of

everyone coming together, will, you have done an excellent job, it makes us feel proud to be an american, even though they are going through this, nice to hear the positive stories and the young man that said i'm grateful to jesus christ for saving my life and he lost everything. >> will: pastors craig and sara just had a prayer circle with him before he left. i am not one who is like let's find the silver lining, i'm here to tell you the truth, that is the truth, that is the story, community. >> steve: thank you, will. >> ainsley: so many people will want to revisit and vacation and pour money and support into the community. reports have reminded us what a special place that is. >> brian: amazing the president doesn't even do a zoom phone call or great opportunity for the vice president to go down

there. she is in florida talking about slavery. why don't you go see where help is needed and make people accountable when they don't show up. >> ainsley: the president on vacation. >> brian: no comment. stay on vacation, go, i can't believe what i'm seeing, we are all over this thing -- >> ainsley: i'll go as soon as i can. >> brian: easiest thing in the world. >> steve: 8:13 and carley joins us with a story about a drink. >> a woman doused her body with mountain dew to get rid of d.n.a. her d.n.a. was later found on the handle of a bloody knife

discovered next to the victim's body. the white house responding to house republicans demanding records they say prove president biden was involved with hunter biden business. >> the president never discussed business dealings and did nothing wrong, zero evidence showing otherwise. >> carley: heated denial after mccarthy calls on president biden to give us his bank statements to prove his innocence. >> carley: retired n.f.l. player michael oher has filed a lawsuit against his family portrayed in "the blind side," claiming he was never adopted. >> big mike, why were you going to the gym? >> because it is warm. >> do you have any place to stay tonight? don't you dare lie to me.

>> ainsley: michael oher's filing says the lie of michael's adoption is where tuohy and sean tuohy enriched themselves as expense of the ward. here is the son responding. >> i went back to my text message, there were things like in 2021, if you give me this much, i won't go public with things. >> carley: michael oher claims he didn't make money from the "the blind side" and the family received $250,000 and net proceedings. you have one side you could see and the family side you see where they are coming from, too. >> ainsley: the family is telling another outlet they made money from the book, and it was like $12,000.

>> steve: that percentage you reported, i had not heard that. there is more to the story, i am sure it will come out, so many saw that movie. >> carley: the family says they still love them, he is their son. >> ainsley: i hope they work it out, what a sweet story and wonderful story. we interviewed the family and you interviewed him. >> brian: we had him on the couch, has a book out last week. >> ainsley: you hate money, greed and money break apart family. >> brian: michael lewis wrote the story. when hollywood gets ahold of it, you can't blame the tuohies for that, they tried to sell it. 16 after the hour. today marks two years since taliban captured kabul following biden's deadly afghanistan withdrawal. what led to the blunder. >> ainsley: welcome to california, where high-price

heists like this devastate department stores and in san francisco, federal workers are urged to work from home, the nancy pelosi building is not safe, they say. our next guest is a journalist in the city and calls it an embarrassment. yourself. in 2015, my dad had the idea to revitalize american textile manufacturing with bedding crafted from cotton grown on our family farm. we created red land cotton to give you the best farm, the home products possible. because it's more than quality products. it's a labor of love from our family. go to redland cotton dot com and receive 15% off your order with code fox news. trelegy for copd. ♪ birds flyin' high, you know how i feel. ♪ ♪ breeze driftin' on... ♪ [coughing] ♪ ...by, you know how i feel. ♪ if you're tired of staring down your copd,... ♪ it's a new dawn, ♪ ♪ it's a new day... ♪ ...stop settling.

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>> ainsley: employees at the nancy pelosi building have been told not to go to work because of crime being rampant in the building. employees use telework for the future. our next guest is slamming city lawmakers over inability to keep

residents safe. erica understand saberg joins us now. good morning. i'm sure this breaks your heart, this is happening in new york, breaks my heart because this is the city i love and the city i'm raising my family. how do you feel and what do you see on the street? >> it is appalling, one of the worst things you have ever seen on seventh and market around that parameter of the building. drug dealing, people passing out, people in various stages of mental illness. it is disturbing to be walking in the area and dangerous, certainly crime does happen. i think it is less dangerous than it is more upsetting to see human beings in such horrendous conditions. interesting they told everyone to go home, they should see

this, should see this everyday. >> ainsley: right, pick them up and get them off the street, give them a nice warm bed and get them help so they can move on with their lives and get a job. what about the nordsdltstroms, this is ransacked and they ran in and got things. understand they resell for cheaper price. expensive items were told, it is a mess. it is, we see this all it is the time. we see mobs going into stores, grabbing whatever they like. shoplifting is out of control. absolutely out of control. we have let it, when i say we, our government, our government has let this happen. >> ainsley: what are they doing or not doing? what should they be doing? they are just ignoring it? >> what we are seeing right now

is mayhem, not enough police officers on the beat and not empowering stores to do what they need to do in order to stop this. you shouldn't let people into the store who are clearly there to do something like this. there are controls that you could put into place and people are reticent about it. we have to stop being nervous about stopping crime. we can do so much, what we're doing right now is clearly about this. >> ainsley: 50 cent has been an activist and speaking out about this. we interviewed an officer who got fired because he didn't get vaccinated. thank you for reporting on this. still ahead, fox news alert,

former president trump facing another indictment. trump attorney alina habba is going to join us with her insight and today marks two years since kabul fell to the taliban. we analyze what led to biden's blunder with ted kennedy, who save those caught up in the chaos. fasenra is an add-on treatment for asthma driven by eosinophils. it's designed to target and remove them and helps prevent asthma attacks. fasenra is not for sudden breathing problems or other eosinophilic conditions. allergic reactions may occur. don't stop your asthma treatments without talking with your doctor. tell your doctor if your asthma worsens. headache and sore throat may occur. tell your doctor if you have a parasitic infection. get back to better breathing. ask your doctor about fasenra. >> woman: why did we choose safelite? >> vo: for us, driving around is the only way we can get our baby to sleep, so when our windshield cracked, we needed it fixed right.

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>> brian: today marks two years since taliban entered the airport at kabul and president biden's withdrawal is epic. take a look at the events that led up to one of the biggest disasters in american history. donald trump signed the dojar agreement and said we will be out of the country by may 1, 2021. he lost the election and president biden overturns every decision president trump made. president biden sticks request this, pulling troops out. supposed to pull the troops out after civilians were out. his advisors advised him not to do this. only option is complete pull out

rapidly. they leave the air base, leave military presence and leave people behind. taliban taking over kabul and they asked us, do you want us to take kabul or you get your people out. we said we want the airport, ges who provided security for the airport? the taliban. admiral kirby says this is incombuzable, he didn't see chaos. did you see the jet and the explosion at abbey gate who killed and wounded americans? i did. we were not allowed to leave our bases and had to go get people and we were not allowed to leave our base. some did anyway and saved our allies. a lot cashed in 401(k)s to help

those who helped us over the last 24 years. bring in ted kennedy. tim, your thoughts two years later and statements from admiral kirby from my perch i didn't see chaos must be tough to swallow. >> yeah. that hits deep. that goes straight to the core. the things we're seeing now, videos coming out from second airborne marines on the ground. those amazing uniformed men and women protecting everyone trying to get out are the heroes. we are starting to see videos coming out, it is heartbreaking to see the anguish and pain and agone what it looked like on the ground. >> brian: books written now how we knew this terror attack was coming and maybe snipers had him

in their sight and weren't given command to pull the trigger and we know the results of that. >> preventable is an odd word. on the ground that night, the things our men and women had to do to save people's lives is heroic. there is no preventable way when you look at how chaotic that entire situation was, but when you hear testimony about, i had this guy in my sights, i knew this was the suicide bomber and seeing how many lives were lost unnecessarily, that could have been avoided with proper strategic approach. looking back, look at after action review from department of state, there is really embarrassing when they went back and said we didn't do anything

wrong. department of defense could have done this. we as a nation should have said we messed up really bad strategically, we had done this previously in history, we're never going to do this again, but we haven't done that. no ownership or leadership tlchl is still fallout, veterans hearts are being torn out listening to it. we saw people falling from planes and women throwing babies over the wire, that is what happened. it is insulting to get up there and insult the men and women. 20 years, in afghanistan and americans fought and died and to stand up there and insult sacrifice made for this country. it is so mean. it is heartless.

>> brian: i read the dojar agreement, one was condition based, if taliban was about to take kabul and the army dissipated, we had the taliban out of the woods, standing in kabul, we could have taken them all out and leaving bagram air base and we had a looking glass to them and now we got nothing and china has rare earth after your 20 years and your colleagues sacrifice in that country, it is hard to stomach. i don't think they have been held accountable, tim. your final thought? >> it is a hard pill to swallow, wanting to end positive, so many amazing people are doing so much from save our allies to the

independence fund. the pain caused from afghanistan is compounded and it is a fester ing wound until we address the issues about withdrawal. the agreement was condition based, if you do this, this and this, we will leave. they didn't, so we didn't have to leave and didn't have to give strategic land so taliban could tell us when and where to move. >> brian: it is, how many people do you think are left that we should be getting out? >> thousands, we have safe houses we are getting people in and out of. there are commandos trying to find ways out. it is dire and heart breaking. >> brian: generation of women had a chance to read, write and have businesses, they had a taste of the real world and now

they are back to the ancient world. tim kennedy, thanks. save our allies, where do we go? >> save our allies.org, full different story. women can no longer go to school, can't own business, back to taliban rule. >> brian: we will not forget, thanks, tim. next fox wildfire alert. gathering up what is left as they engulf their way of life. will cain is in maui with a birds eye view of the destruction. will. >> will: brian, don't go anywhere, i have knowa amazing story of american heroism, two 29-year-old woman just pulled off one of the bifgest civilian air lifts to bring needed supply to the people of west maui, you will want to see this story live from west maui coming up on "fox

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>> steve: 8:40. back with a fox wildfire alert. 99 confirmed dead and others still missing. will cain viewed the damage yesterday and joins us early on this tuesday morning. wi >> will: good morning, steve. we are in west mour, cut off from the world physically and through air service thchl is where chaos and devastation was. we were there, everyone is confused, messages are mixed. a representative from the mayor offices there is no media in west maui. this is united states of america and we will tell stories about

failure of leadership and private citizens who stepped up. this story is one of the most amazing about americans stepping up. two 29 year-old women. one with a seven year old and they put together this air lift. watch. >> will: august 8s, fire shuts down west maui from the world cell service and physical access, roads into this entire side of the island incapable of getting access from supplies. you can come through the air. these two young ladies put together the biggest, i can imagine, private relief effort on west maui. planes run in and out of capital airport all day long. they are telling families one water per family, how can we fix this? crazy to see what happened. we started with one airplane and

we were getting connected with people on the big island. we want to bring stuff in, too. okay, we start getting shipments and take it here and sort it and distribute it and have drivers take it where it is needed and the community can come get it. >> will: christian martin, the first to bring supplies over. and you have sierra and an drea taking it to the people, is that how it works? >> exactly, we've been a three-person team, sierra loads me up and i fly it over and andrea unloads and distributes, really cool, smooth operation. >> will: and how long does the flight take? >> only 20 minutes. >> will: you want to show me? >> let's do it.

take a supply route. ♪ >> will: look at that, total destruction, gray, to the concrete ash, everything from the other end of lahaina. total destruction. this is the plaza, normal times, this is a tourist center, shopping center, where people come to buy necessities and luxury items, today nothing but necessities, run by firefighters, retired firefighters, you are in the heart of the recovery effort. >> we are the hazard area, whatever we can provide because we are out of the hazard area, we will do it. >> not just andrea and i, huge communities come together, on

o oahu, this is community-based and community help. >> will: who told you to do this? >> myself, i need to get my friends food. >> i want someone to tell me what to do. >> we need to be done. >> am i going to get in trouble for this? >> will: for helping people. >> i know, right? >> will: if somebody gets you in trouble, they will have trouble with america. >> steve: all right issue great reporting, will. he issin joing us via sky link -- rather star link, satellite system owned by elon musk. we had a blip there, he will be back with us tomorrow. quarter before the top of the hour and janice dean joins us. all eyes on maui. >> incredible story, power of the people and how they are helping each other out, one thing i find is the people

afterwards, how neighbors come help each other and this now, i do think the death toll will rise, we can't get into the area. it is a crime scene according to officials, deadliest u.s. wildfire in history, we have fires across central maui and western part. lahaina has wildfires burning, winded have calmed down. forecast, we could see 20 to 30 wind gusts. we will get rain in the forecast over the next seven days, we need it in the western part of maui and we'll get it across central and eastern area of maui issue not the areas that need the rainfall, we'll keep you up to date. we have a tropical system, this is greg, weakening storm, weak, small system impact the islands

at all like we saw with the weather pattern with last week's hurricane fanning flames, this is not a problem. today's forecast, potential for stronger storms along east coast, heat is a big deal across the south and west. foxweather.com, we'll keep you posted. steve, over to you. >> steve: still ahead, "fox and friends first"ed, president trump indicted, part four by atlanta grand jury and the da wants a trial in six months, trump attorney alina habba will join us. first bill hemmer has stuff to say. >> bill: watching all morning, great three hours, georgia makes four, four active cases, totaling 91 indictments against former president. we'll have that for you. what is hunter biden next move? he has deadline of noon eastern

today, look for that also. some rappers in l.a. have had enough of the crime and democrats have had enough of migrants in their cities. does any of this make a difference to the white house? join dana and me, in 12 minutes, top of the hour then. ♪ ♪ voltaren. the joy of movement. ♪ he snores like an angry rhino. you've never heard an angry rhino. baby i hear one every night... every night. okay. i'll work on that. save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add a base. shop now only at sleep number.

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>> ainsley: a fox news alert, former president trump says this latest fourth indictment comes during a dark period for our country. >> steve: former president ripping into georgia da fani willis, corporate district attorney of fulton county opened fundraising site to benefit off things she campaign on. i will get donald trump. continuation of greatest and

longest witch hunt in american history. >> brian: one of trump's attorneys, alina habba, joins us now. what do you understand took place last night? i'm doing "the five" and heard the reuters report and it was rescinded and get final report later. what happened? >> there was due process violation. they had the indictment prior to grand jury voting on the indictment. >> brian: witnesses have not been heard yet. >> there were witnesses coming in on tuesday. because of the hiccup or they call the if i can -- if i can tishs /* fiction document.

they started rushing them in yesterday, the court stayed open late and they ran someone in. somebody on cnn went into the courtroom and went on air, they rushed me in, i was supposed to be there tomorrow and i am in. they are not reporting fani willis had her campaign website put up on thursday and dated on friday, that says it all. says it all. >> steve: what do you make, i have heard from a lot of legal analysts that say what is different about this case from federal case, georgia has laws tailored to election interference and things like that. andy said the georgia indictment is most perilous threat to former president trump. does president trump know this is a perilous threat? >> we do not agree it is a perilous threat, we have inside

information. i love when people -- >> steve: what is the inside information? >> you used to love trump, i got to tell you, this is something i will not breach, i have confidentiality, i think you need to understand something. when somebody is given a report that shows interference and you can be advised by one lawyer that says i don't think so and another says, i do think so. there were issues in fulton county, it is not a question, there was election issues and integrity of the election is in question at this very moment. when he says, i want to look into it. i don't trust it, we need to look into it, that is his obligation as president. look at leticia james, who is suing the trump organization and said president trump is illegitimate president, will she

get charged? what about hillary clinton? >> ainsley: interesting, you see how biden family is treated versus the trump family, how is he doing? why would he want to run again when he knows it is going to happen. is it worth it again? >> yes, that is why he isun aring, he loves the country. he knows the country is in trouble. we wouldn't be waking up everyday if we didn't. this is third world stuff, the fact due process rights and indictment went up, fanny had to have signed, and that went up before grand jury voted on it, that says it all. >> brian: he has to surrender by the 25th, what is the plan? >> to surrender. he will surrender, you see an ego trip happening in georgia, they will force him to have a mug shot. the purpose of a mug shot is a

flight risk and you may not recognize him. he is the most famous person in the world. >> ainsley: they put that online before they took a vote, that sounds like obstruction. >> due process law. >> brian: what about moving out of fulton county? judge has to make that decision? >> that is the issue, when you deal with recusal and these are things everybody keeps talking about, recusal or request to move the venue, your side would like to move out of state court to federal court. >> absolutely. >> steve: you can say, this stuff happened when he was

president, they tried that in new york and the judge didn't do it, will you try it again? >> anybody that can say election issue is not a federal issue, that is ridiculous. i can tell you, i won many times on presidential immunity and that is why they brought it in state court. it will protect joe biden when in two years they start coming after him and he needs presidential immunity. >> with what is happening in georgia in fulton county, listening to greg jarrett on sean's show, and he said fani willis claims trump told the georgia for votes and greg said that is not what he said, if you read the transcript, trump said he was looking for 12,000 votes which represented his deficit. he did, as professor dershowitz pointed out, it is not crime to say i need this amount of votes

to win. >> it is not a crime. if you look at the indictment, another thing they did, was put tweets, he said we need to look at the election, that is overt crime. that is first amendment right and executive branch responsibility. we have a minute left, we have no idea who is first, who is first? >> i don't know, they are all chomping at the bit and it is ironic they waited 2-1/2 years to have it in six months. they wanted to mess him up in the middle of a campaign. they can't win against him otherwise, desperation. >> ainsley: new york case in march, florida case in may, january 6 case in january and georgia case to be determined. >> and leticia james in october. >> brian: all those dates are tenuous. insisting on october.

>> 18 other people indicted, do you think the da will get them to flip. >> steve: real pleasure to have you on the couch. see you. >> ainsley: you have been busy, get some sleep. >> brian: run to the >> bill: gl morning, former president donald trump indicted for a fourth time last night out of atlanta yeah, georgia. prosecutor charging him with election meddling. as we say good morning i'm bill hemmer, tuesday here in new york. we have the godfather and godmother right here ready to go. >> dana: i'm dana perino and this is "america's newsroom." it's great to be with you today. that news coming in late last night. georgia grand jury returning a 41-count indictment against the former president and 18 others