>> harris: i love delivering the news. thank you for watching. ♪ >> dana: a fox news alert, jeffrey epstein a pleading not guilty to a sex trafficking charges during his first court appearance just moments ago in new york city. i'm dana perino and this is "the daily briefing." ♪ earlier today he was indicted on two counts of sex trafficking and sex trafficking conspiracies, he is accused of creating and maintaining a network that allowed him to sexually exploit and abuse dozens of underage girls from 2002 to 2005, prosecutors say it is time for the victims to have their say in this case. >> victims voices including the many voices of epstein's alleged victims must be heard. to that end, i want to say to

anyone that is watching this or hearing about our prosecution, if you believe you are a victim of this man, jeffrey epstein or you have evidence or information relating to the indictment today, we want to hear from you. >> dana: brian yannis is live outside the court. >> good afternoon. jeffrey epstein just made his first court appearance just moments ago. our court producer said that he looked disheveled, but calm. he was in a blue prison uniform. he did not have any shackles around his feet or any handcuff handcuffs. in prison. he pled not guilty today.

a federal alleged that between 2002 and 2005 he paid underage girls as young as 1400s of dollars to massage him or have sex with him. prosecutors say he knew the girls were underage, he had employees and associates arrange appointments for him with the girls and he would even encourage other girls to recruit other young girls. in 2008 he was accused of running this very same operation involving at least 40 underage girls, but those federal charges back in 2008 were dropped after epstein received a controversially lenient plea deal by the secretary. the district attorney in florida at that time. today a lawyer representing some of his victims had this to say about the fact that epstein is back in court. >> enormous gratitude, enormous

relief, enormous appreciation to the prosecutors who brought the indictment. this was a very important day for them and a very emotional day for them. this is a time that they have felt vindicated. jeffrey epstein traveled and highly influential and wealthy social circles, there is a lot of interest on this case not only because of the magnitude of his crimes but because of those social ties. he has been tied to former president bill clinton as well as current president president trout. >> dana: tell me about prosecutors and their feelings about being granted bail >> prosecutors believe that he is an extreme flight risk, that has a quote and they believe he could fully because of his enormous wealth. they cite his two private jets, has six luxury homes all around the country and the fact that he even owns his own private island in the u.s. virgin islands,

prosecutors also say he is a danger to the community and could have struck the investigation. they mention how he's been accused in the past of harassing and intimidating victims and potential witnesses including allegedly hiring a private investigator that ran a victim's father down the road in the past. we expect epstein to be in front of court here for his hearing on thursday. he'll be in custody until then. >> dana: thank you. for more on this let's bring in our panel, the criminal defense attorney, former prosecutor and the attorney for the law firm and michael weinstein, excuse me, the former prosecutor and trial attorney the justice department. rod rosenstein, here we are. they're so much to get to end this and i want to start with one thing at the beginning. the idea that the prosecutors think that jeffrey epstein could be a flight risk and they did catch him last night in new jersey after he was returning from an overseas trip.

>> they were clearly lying in wait to get him. he has a means by virtue of his wealth by axis of planes and likely overseas accounts and things of that nature which would cause any prosecutor, especially federal prosecutor. >> dana: for someone like him traveling overseas and coming back in the country, was that something that put himself in a position to be arrested? >> he likely felt secure and doing that. he wasn't tipped off otherwise he might not have come back and i think that is the concern the prosecutors have. >> dana: what about the fact that the fbi go to his home here -- we showed you the pictures. basically they probed on the door of his residence here in new york. why would they need to do that? >> because they thought there was going to be evidence that was going to be destroyed or hidden or went to the back door that might have been employees or associates of his that had indications that the evidence would have been removed and that is why they want and so quickly

and with more spirit >> dana: indictment as an accusation, not proof, but how does this -- how should people understand that this is happening after he had been charged with similar things before. >> these are not fresh compliance, this is pretty much a do over except in florida which the previous case happened over ten years ago this is not happening in southern district of new york. there is no issue with double jeopardy because technically he was never prosecuted by the feds in florida. he entered -- >> dana: how did he get a plea deal? >> he entered into a nonprosecution agreement on similar charges. he will take a deal, a very small deal there. that should have or that should have ended it. now the southern district of new york is resurrecting the charges that never were actually prosecuted in florida. >> dana: why are they doing

that? why did they have the public corruption unit a part of this? >> public corruption has a broader mandate, tax issues and also remember, the investigation from ten years ago was being handled by public officials so i question whether or not -- why they're using that now and why they're looking at it because of the public officials. >> dana: that is still a mystery. i want to reach this to you from the editorial page saying that epstein is a billionaire money manager who is friends include tromp, former president clinton, he could have faced life in prison and said he served 13 months in jail and he had to register with the state as a sex offender, but the other thing is -- listen to chris swecker talking about this whole issue earlier this mornin morning. >> i think this two count indictment as a placeholder. i think you will see dozens of counts and a superseding

indictment and the near future. this is just to get him in custody so they can continue the investigation. obviously they will argue he should be detained and that means he presents a danger and he should be released. the decision was made that this conduct was ongoing perhaps and they needed to get him off the street. >> dana: there is that on there is also the question of the victims not being treated properly. >> i agree with what that guest said but as a criminal defense attorney what bothers me about what is going on now is we watch the press conference and they basically are treating him like he has his own defective product looking for people to join the class action. it's not a civil clays. they are looking for a more more victims, that botherse because if they had done the investigation why don't they arty have that information and you have to remember this evidence is not fresh. the allegations in the indictment are from 2005, not

yesterday. from a defense perspective there might be some there there. >> i agree. i think that is correct why they are soliciting all these people to come in and act as victims. the counter to that is that they want to try to get as many people as possible so they have as much evidence for they have as much leverage as possible over epstein to make them roll over. >> dana: this case is just getting started. we love have you. thank you. next reaction after the united station confirms that iran preach the limit, we are hearing from both secretary of state mike pompeo national security advisor john bolton. they are at separate events but speaking at the same thing. they continue to push the envelope, kevin corke is live with more. you are not any rain gear, things are better? >> you know how it goes. you get a lot of rain and then

all of a sudden you're flooding everywhere, some serious situations over at canal road not far from here, but very interesting we have been talking about this iran deal. you mentioned ambassador bolden in the secretary of state, the president is want in the regime to be careful as it continues to enrage greater and greater amounts of uranium and while you might argue, are they even maybe this plea is falling on on listen to ears, maybe not. certainly it's getting around the globe, the white house is preach and call him on the they are warning the starkest of terms what might happen to the regime. that was the message echoed by the vice president this afternoon at an event celebrating u.s. israeli ties. >> iran should not confuse american restraint with a lack of american result. [applause] we hope for the past. the united states of america and our military are prepared to

protect our interests and protect our personnel and our citizens and the region. america will never allow iran to obtain a nuclear weapon. >> a message that not only resonated in the room but was certainly heard around the globe. >> dana: i imagine they are playing very close attention. one other question on this issue about adding a citizenship question to the census, where do we stand? >> moving forward there is not a a lot of new ground to a board to keep this in mind, the administration is steadfast, this is not a hindrance for american citizens to be asked whether or not they are in fact citizens, maybe it's a problem for other people who are here illegally, but still this is a challenging circumstance. the white house look to appease the supreme court and its quest for more fulsome explanation if you will to the questions origin. the white house and the doj

investigating several angles that might allow that question to be inserted even as the court battles continue. >> i think the president has expressed determination and he is not of the supreme court and say this can't be asked, they said they didn't appreciate the process by which it came forward the first time. he is determined to fix that and to have it roll forward in the 2020 census. what does your bottom line? they are looking for a workaround if needed, but obviously they would like the supreme court to sign off on it. back to you. >> dana: great to have you. thank you. next, joe biden apologizes for his comments on segregation, so what is the rival presidential candidate, liars have to say about that? high water rescues in a washington, d.c., area and flash flooding from a major storm. we will have a live update, nex next. ♪

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>> dana: fox news alert the nation's capital and the surrounding region being pounded with rain causing flash flooding, people stranded having to be rescued by police and firefighters throughout the morning commute. mark meriden joins us live in arlington, virginia, this seems to have come out of nowhere. >> are related, it certainly made a mess for a monday morning commute. the rain has stopped now, but the damage that it is still left behind has taken a live look -- that is the bridge that crosses over from virginia to d.c., they are so close police want to make sure the roads are safe for people who want to get over there. i want to show you some more of the dramatic pictures. drivers did not realize how deep the water was and then had to be rescued out of their car, a big mess this morning not only for

the people try to get to and from work but for the emergency crews all across the d.c., maryland, and d.c. area, was given the roads, even inside buildings like the white house had rain damage. we saw some video that is under the press room, an area you know well. did flooding in the basement. the damage is not a severe and expected to be okay. this is a creek that is right here along this bridge and you can see it's normally a great by the water moving very fast on his water levels have gone down, but they were very high within the last two hours. it made for a big mess and it will be like this for the rest of the day. if you are traveling today you know firsthand it was a mass. we had crews out showing the mass at union station all afternoon, some trains delayed by about two hours or so, the good news the airports are back on time so we are looking to see

if the evening commute is better on the one it was this morning. >> dana: stay safe, thank you. the registered sex offender jeffrey epstein pleading not guilty, we will discuss. plus this. usa now world cup champions after defeating the netherlands 2-0 in the world cup finals. the highlights, next. ♪

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and they just came out perfect. seeing my family wearing my shirts was such an amazing reminder of all the love and support that everyone has for my dad. - [narrator] check out our huge selection of custom t-shirts and more, for teams, businesses, and every occasion. you'll even get free shipping. get started today at customink.com. >> dana: jeffrey epstein just pleaded not guilty to a next sex trafficking chargers, there has been speculation. the u.s. attorney jeffrey berman address that at a news conference a short while ago. >> there's been a lot of speculation and the media about individuals affiliated or associated with jeffrey epstein. as you know justice department guidelines prohibit us from talking about such individuals and so i want to let you know that if that question comes up about any individual, my answer will be no comment. >> dana: joining us now, the

cofounder of white-collar advice and federal prison consultant. good to have you here. it doesn't look like jeffrey epstein will be granted bail. he will be held -- his next hearings on thursday. what can he expect? >> it's good to be back with you. you will be in free trial detention 24 hours a day in a special housing unit. there is very little special about it come he sits there with nothing but his thoughts and a concrete bunker thinking about how he can position himself. >> dana: i think we have another sound bite from that u.s. attorney talking about some of the things they found when they were looking for evidence last night, watch this. >> contemporaneous with the arrest of epstein come agents executed a search warrant on his mansion in new york city and recovered -- that was a valid

warrant. agencies evidence including new photographs of what appear to be underage girls. >> dana: i want to get your thoughts on that because obviously this is the indictment, an accusation and not proof but the u.s. attorney is saying this is what they found. >> that is exactly right and i think it's pretty clear based on his prior convention convictios going to happen and i would assume the people he worked with -- perhaps the enablers are worrying and wondering what is going to happen to them, usually one of the first things they will ask you is there is anything you would like to tell us. if he gives information about others, it could take them down the road of more investigations and indictments which of course gets them closer to indication, so when i say angling that is what he is doing right now with his lawyers. if he is guilty or pleads guilty, he wants by the rest of

his life in a federal prison and he will somehow make his way out of their knot includes rolling over on his associates. >> dana: it's almost inevitable that in a situation like this you are people talking about who else was involved. the west attorney said we do not talk about that, that doesn't mean people can't talk about a behind the scenes, but the justice department says they will not talk about it. is that good news? >> i think it's good news now but you can expect as the investigation begins they will be more superseding indictments and this is a way to get him back here held in this country, i don't expect he'll be granted a bond to leave the country so they may say that now but you can fully expect if his goal was to serve not the rest of his life in prison, enablers were people helping him at some point he is going to speak about that with equal of try to keep

himself out of prison. >> dana: thank you. >> thank you. the u.s. women's national soccer team defeated the netherlands and france yesterday to repeat as world cup champions. you've no doubt heard about that. now the players are calling for equal pay. currently the mail players get $4 million in prize money while the u.s. women's player received 30 million, here is megan rapinoe on the battle for equal pay. >> i think we are done with equal pay, is it -- is the mark at the same? everyone is done with that. we can't do anything more to impress, to be better ambassadors were to take on more, to do anything. >> dana: new york city will host a parade in manhattan for the chance on wednesday morning. kamala harris on a presidential campaign trail hosting a town hall in myrtle beach, south carolina, as follows her

reaction to joe biden's apology about working in the past with a segregationist lawmaker. >> i successfully oppose that time and again. i was. i regret it. ♪ ♪ limu emu and doug.

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civility with segregationist senators, but he said the voters here for the most likely to have been offended so i came on back and he had a totally different perspective, at least publicly then right before the last time he came for the gym clyburn fish fry and cory booker was telling him to say sorry. >> are you going to apologize? >> apologize for what? >> apologize for what? he knows better. there is not a racist bone in my body. i've been involved in a civil rights my whole career. period, period. times change come he said sorry and he also insisted that as and voters in south carolina should trust barack obama's judgment on that record because he said he was vetted by lawyers and obama still pay to him as vp. kamala harris still isn't completely satisfied about civility with the segregationist.

>> he has right to recognized the impact of his words and i applaud him for doing that, having the courage to do it. i will take about his word, that does not address the issue in america and the fact that -- we cannot rewrite history. >> she had a huge crowd a few minutes ago here in myrtle beach but when it came time for questions and answers, people were not asking her about joe biden they were asking about policies around medicare for all of the death penalty, things like that. >> dana: quick question. we will hear some news may be from eric swalwell today? >> the "los angeles times" is reporting that congressman eric swalwell will drop out of the presidential race and instead run for his house seat, reelection for his house seats. remember, he was the first one on the second night of the

debate a few weeks ago to challenge joe biden. he told him he thought it was time to pass the torch, but now it sounds like he is thinking about just hanging it up and this comes at an interesting time. the dnc is making the fall set of debates twice as hard to qualify. you need to have twice of high as poll numbers, donors to get in, we don't know the specifics about how much he had in the bank and from how many different people but that could've been a factor. >> dana: one down, 25,000 more to go. for more on this, ari fleischer the fox news contributor. you heard the news, it looks like he will drop out. which probably makes sense for him. he will run again for the house. i wanted to ask you about your take on all that is going on with joe biden as he tries to figure out how to shake off that last debate. take a listen to the former

first lady michelle obama speaking at the essence festival over the weekend. >> we will support whoever wins the primary. our primary focus is letting the primary process play out because it's very early. the general election is so important that we have to get behind whatever comes out of that primary. >> dana: i'm not sure what happened with the audio. basically she is saying that we will support whoever wins the primary. they will take their time and not make any endorsements right away. your thoughts? >> i think that is smart. if you were the president, why would you want to dive into a messy primary like this. i think the key question she got asked that she didn't answer was what you think about joe biden's remarks in the dust up between him and kamala harris? she said i'm not answering that my next question. i can't help but think that michelle obama with her long history in a civil rights movement had to be deeply

offended that joe biden would say anything positive about the segregationist senators. it shows what an out of touch statement it was for him, i do think it caused anyone hurt. >> dana: also interesting to me, he said he wasn't going to apologize and cory booker should apologize and then he gets in front of a crowd and he apologizes. i wonder in these next three weeks, all these other candidates who want to attack joe biden who is still the front runner on issues that he has taken and the past, votes he has taken in the past to see if they can get him on the defensive once again. >> i can't believe that apology was sincere. i think that the joe biden i know, he said what he said about cory booker. he needs to apologize. that is the real joe. i think as poll numbers start to deteriorate that he had to staff realize we have to do something. it was a political apology. if you are on a stage with joe biden you must go after joe biden. if you want to prove to the

american people and democratic primary voters you have the chops to be number one, you have to go after the person who is number one. you have to punch up. that is what kamala harris accomplished and i think a lot of people are going to do it at the next debates. >> dana: in the meantime they have to be watching president trump's numbers. "abc news," "the washington post" ," the president had an all new high at 47%, approval at 44%. i thought it was 47%. anyway, it's a high for him and approval on the economy is 51%. incumbents always have the advantage, the president has a strong economy and do you think that people out there are starting to make that choice? it's not a referendum, it's a choice between the president and whoever the democrats put up. >> let's start with the numbers, 44% job approval among all

adults, 47% among registered adults and that is very important. not even register voters vote, voters vote in a comes down to likely voters and so the more you get to the likely voter question, the better president trumps will do. adults typically -- there's a falloff fit with the overall population and those who boarded the president of the beneficiary of that drop-off. 47%, i looked it up, that's exactly what barack obama had in 2011 before his midterm and of course he went on to win. the 47% number is a very middling number, but it's really a very decent fighting number for your reelection. >> dana: i think that's true. for right now where politics are, that is as high as anyone could expect. >> we are in a very partisan,

divided era, not as strong as the historical past, but in this era. a lot of americans have already made up their minds, but there is a key swing group and the other strategy the trump campaign is to bring out a number of huge new voters, people who have never voted before. they will show up for donald trump. a huge investment to the trump campaign and a lot of the success or failure he will have to depends on whether they are right about the new voters. >> dana: they have a lot of money to spend to figure it out. thank you for joining us today. >> thank you. >> dana: check out this video of people running from a restaurant on the second major earthquake struck california. jeff paul was also there and he will join us next. one organization pushing for prison reform now asking the public for help and challenging lawmakers to visit a jail. >> i want to challenge you to go visit a prison and see for yourself, see what the problems are and what can be fixed and

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>> shepard smith, president trump is said to speak at the white house and the next hour. we will bring it to you live and have more on jeffrey epstein, arrested on charges of sex trafficking more than a decade he struck a plea deal, this time he could go away for the rest of his life. that in breaking news as it happens. >> dana: people in southern california still on edge after a strong back-to-back earthquake shook buildings and rattled nerves over the weekend. emergency staff warning there could be aftershock to come. >> because of that fear of more earthquakes and aftershock, look at what people are doing.

they have set up tents out here and they are sleeping in a field away from any trees or buildings that possibly could fall on them and it's that fear of the next one that remains constant in this community. officials say there is only bent my minor injuries. the aftershock has become less frequent, but each time it reawakens the memory of the massive earthquake. >> ptsd is a real thing. we are all suffering from it right now. i'm glad you are safe and he went to sleep in your front yards, sleep in your car, that makes me feel good that you have your faith in us that you can do that. i need you to get back in your house. >> we are entering day three without a massive earthquake and i think this community is holding their breath. >> dana: thank you. growing calls for prison reform

and reduce sentences for inmates serving time for minor offenses, back in september the president signed to give judges more leeway when sentencing drug offenders and today they are launching a visit a prison challenge to lawmakers, so they can see what changes are needed. the actor is joining the cause. watch. >> i challenge all of our lawmakers to go visit a prison and see the people inside. see that we have a broken system and that we are the land of the free, but we lock up more people than anyone else in the world. >> dana: matthew charles was released in january, he joins me now along with the president of pham. what do you want accomplish with this? >> thank you for having us. we are challenging all lawmakers across the country, governors, state lawmakers to visit a prison or jail in the next year because frankly you don't know

what it's like unless you have been there, we have both been there and all the families that we work with tell us of these politicians knew what it was like inside, the lack of health care, the lack of programming and how hard it is to visit loved ones who are in prison very far away. things would change and we would get reforms that are smarter. they don't know because they haven't had a loved one and there so they make policies. what we want is over the course of the next year, everyone who has a stake in writing policy that governs our jails and prisons to visit them go talk to the staff, talk to the people who are incarcerated and learn for yourself what it is like. >> dana: matthew, it's so good to see you again. i wonder if you could give us an example of what people might see when they do accept this challenge. what might they see that could perhaps change their minds or change policy? >> once they go when, if it's not a guarded tour, sometimes

that's a guarded tour to where the staff at the prison will only allow them to see certain things. inmates -- they don't like that word, but former prisoners called it a guided tour because it guides them to see only the things they want to see, but if they take a real look to spontaneously call somebody out and how much time have you had and what you have been doing, they may get that answer. it's not going to be the meal is warm, even the fact like the president when we were able to go there and he was able to see that we were in there longer than we should have been he was naive. a lot of lawmakers said hundreds of miles away and make these laws that impact people every day and they don't realize the humanistic standpoint. >> dana: has been wonderful to see what the president holds these events anywhere they are, i kim kardashian there.

[laughter] three steps to visit a challenge, a 42nd video when you post your content around social media and you share, like and retweet it. has there been anybody who has done this so far that you think could proceed? >> this was one of the things, the lawmakers already do this and they are the best educated and they turn out to be the biggest champions of reform so if you look at the first step back for instance, doug collins, they both already accepted the pledge and they have made videos that will go up later today. senator of illinois and if you look at the white house, i think the fact that jared kushner's father went to prison made him more sympathetic to what these families go through and so we are seeing already since we started today lawmakers at the state level taking a pledge, oregon, pennsylvania, maryland, people are taking the pledge but the more their constituents and

their voters ask them to do it we will see more. >> dana: it's interesting because if you are out here you don't think about it too much but you are asking people to go and see it with their own eyes and matthew charles, we hope when you are back in new york you come by in person next time. thank you. next come our own ed henry plans to donate part of his liver to his younger sister and how he hopes his surgery will serve lives. he will be here next. >> it's exciting and people ask me -- i'm not nervous, i'm anxious. >> you will be great. we are so proud of you. >> i will have a new and improved liver. ♪ ♪ nausea, heartburn, indigestion, upset stomach, diarrhea ♪ get powerful relief with new pepto bismol liquicaps. front slams on his the hbrakes out of nowhere. you do, too, but not in time. hey, no big deal.

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disorder and you, as her brother, have decided to step up and donate a portion of yours. >> it's been a long journey. it's good to talk about it. i hope it helps people because there's a lot of people that need organ donations. >> dana: that is ed henry making an emotional and personal announcement that he will donate part of his liver to his sister. ed joins us now. we've known each other for a long time, since 1996. >> i deliberately did not watch that. >> dana: we watched it in the greenroom and everybody was glued to the screen because it was a big announcement and you've got a big heart. >> i am overwhelmed. i ran into a receptionist on the way here and she said i want to tell you people are calling. honestly i'm just so... >> dana: let me take it from here for a second. the sibling love is something

that's really quite amazing. jill is one of our executive vps. she said my family and i are thinking of you and your family at this time and wishing you a speedy recovery. we were so touched by a story that my children were talking about what they would do for each other. thank you for sharing it with the worlds. it's hard to talk about the loafers sibling because it's so deep. >> it's amazing. the idea that their kids talking to each other saying what i would do for my brother, i was blown away. i just talked to suzanne scott, our ceo. she knew i was going to be here and she said -- people are saying you are being selfless. i thought i was being selfish. i want to help my sister. instead people are saying you're going to help other people. it's amazing, our audience is amazing. >> dana: it's hard when you become the person getting the support and the love because

you're a bit overwhelmed by it. it's so emotional. one thing that might've made you laugh yesterday is greg gutfeld. he has a way of putting things in perspective. he tweeted "i heartily commend ed for donating 30% of his liver but i would expect 70." >> the percent of liver that i am giving is more than the percent of royalties that he is getting for that song you did. he was begging me to be on his show but you asked me first. to get him back, i'm doing this. >> dana: here you are. tell me a little bit about organ donation. the other thing is people don't realize that the liver regenerates. if you can be a match for somebody, it's workable. >> the beauty as i'm able to donate part of my liver and we think it will be 30%. that's why greg is teasing me. that's all we think my sister will need. within a few weeks, it will grow to 100% and it will actually fit

the shape of her body. the liver is so amazing. it will figure out how much it needs to grow. maybe it only needs 80% because she is smaller than i am and then the 70% i have will eventually become 100% in four to six weeks. it's magical. i want to say i had people around the country but i've also had people in this building and i didn't know, i worked with them. one woman told me she has a younger sister who's going to need a kidney and she's been battling in a long time. she said i'm going to be the first one in line. i didn't know she was dealing with that. i work with her all the time. it's not about me. we talked about sibling love. people are doing this every day. >> dana: you have been planning this for many months. it's not something that you talked about until you're ready. >> it's been a long process. one of the hardest things, it was not coming forward. it was coming forward and having to go through the tests and everything and thinking about the possibility that you get almost to the finish line and

then maybe something will pop u up. so many medical possibilities. >> dana: when you are recovering, are you going to watch "the daily briefing"? we will wink at you. thanks for joining us. here is shep. >> shepard: live look at the white house where the president is set to speak in about 30 minutes. he is scheduled to talk about what the white house calls his administration's major moves regarding the environment. we will listen for that, as well as any comments in other headlines including the border, the economy and tensions with iran. we'll bring you the president's remarks live. that president could speak about jeffrey epstein. an hour ago, he pleaded not guilty in federal court to running a massive underage sex trafficking ring. federal prosecutors in new york accusing jeffrey epstein of abusing dozens of girls, some as young