ukraine is falling out of the headlines. listen to this podcast you will hear what is going on with ukraine and russia. it's a difficult picture. >> jesse: can't stop thinking about those two things mating. >> judge jeanine: there is something wrong. >> martha: better than other people's dirty gym clothes. >> greg: welcome to my world, jesse. that's all we think about. that's right it for us. >> "special report" is up next. >> bret: hey, greg, i'm coming up to gutfeld this week. >> greg: i'm excited that's tomorrow night -- no, thursday. >> bret: that's all right. i can come tomorrow if you want. thanks. good evening, welcome to washington. i'm bret baier. breaking tonight, an fbi raid of donald trump's mar-a-lago estate marks an unprecedented step by federal law enforcement to investigate a former president. authorities search the residence and removed boxes of documents. senior officials say it's part of a probe into whether classified records were taken from the white house illegally. experts on both sides of the aisle legally say, quote: there

has to be more. if not, this doesn't make any sense. the biden administration is also under pressure amid calls to address why the federal raid was necessary. we have fox team coverage tonight. peter doocy with what biden officials knew about the events. jonathan serrie is at the scene of the raid outside of mar-a-lago. we begin with correspondent david spunt at the justice department with what top law enforcement officials are saying or not saying and some new breakdown of the news. good evening, david. >> bret, good evening to you. i'm at the epicenter at the of the investigation into the former president and as you pointed out not saying things are quiet from attorney general merrick garland and fbi director christopher wray across the street at the j. edgar hoover fbi building. both were briefed on this before it happened. they knew well in advance this was going to happen. let's give you a little bit of a timeline how things have played out. had here is what we know. the fbi gave a heads up to the secret service and a few local law enforcement officials to let them know they would be entering

mar-a-lago monday morning to take documents and had a valid search warrant. the contents of that warrant not made public as of this hour but there is growing public and political pressure, bret, to do so. the search was not related directly to the january 6th attack on the u.s. capitol. and alleged efforts by the skulled trump surrogates to undo the 2020 election. classified information when he left office in january 2021. later that year the national archives reached out to the trump team about phonily classified information being in florida and 15 missing boxes of material, eventually voluntarily turned over by the trump team which the archives says included classified documents. in june of this year, just a few months ago, bret. sources say top level doj officials met with mar-a-lago with trump's lawyers over more documents on site. the former president even himself stopped by briefly to

join the conversation. at some point, bret, negotiations broke down over a perceived lack of cooperation by trump's team leading to prosecutors submitting an affidavit over the past few days and a search warrant signed by a federal magistrate in monday's fbi search. >> the fbi and the department of justice are invested with awesome powers. very intrusive powers. and their own guidelines and the attorney general guidelines require that they use the least intrusive means possible against an american citizen. >> we have learned by a source that inside mar-a-lago fbi agents looked in offices, a safe, took documents while snapping photographs, part of evidence collection. sources they were not being judicious about what they took, end quote this was a source connected to the search. we have been looking all day to see if we can find out what are in these search warrants and documents. they are sealed right now, which means we can't get access to them. that is the big question. someone that does have access to that information right now is

the former president himself and members of his legal team. they can easily release this information to the republic. a source connected to former president donald trump says his team does not plan on doing so at this time. bret? >> bret: david spunt at the justice department. david, thank you. let's head now to where the events unfolded. correspondent jonathan serrie has reaction from the former president and supporters who have gathered outside the mar-a-lago resort in palm beach florida. good evening, jonathan. >> good evening, bret. for a second day some of those supporters have shown up once again at the causeway overlooking mar-a-lago and for a second day mr. trump has taken to a social media platform to criticize the fbi search of his property. take a look at this post. mr. trump says it is all in my opinion a coordinated attack with radical left democrats state and local das and a.g.s. in another post he writes biden knew all about this just like he knew about hunter's deals.

mr. trump was not at mar-a-lago. instead he was observed at trump tower in new york. he had no comment. with nearly a day passing before the feds officially released few details about the search warrant. much of the initial information was coming directly from the former president himself. yesterday he described his home as being under siege. said agents broke into his safe. his comments generated support from many of his loyal followers, many of them showing up outside mar-a-lago. take a listen. >> i can't believe what the democrats are doing to trump. i think this fbi raid is just like the fake impeachments and the fake january 6th hearing. >> i come from a country, a socialist country like cuba itself. that this kind of stuff is norm. >> they are afraid of donald trump. they don't want him to run. and they are going to do everything they can to keep him from running. this is just part of it, i believe. >> now, key allies believe the

investigation may actually rally support behind mr. trump continuing his political career, including a possible run for a second term as president in 2024. >> just about an hour ago. one thing can i tell you i believe he was going to run before. i'm stronger in my belief now. and, bret, this evening, indiana congressman jim branches and a dozen members of the republican study committee are scheduled to meet with mr. trump at his bedminster golf facility in new jersey. now, this meeting was reportedly scheduled -- had been scheduled for several weeks. but, because of the timing in such close proximity to what unfolded at mar-a-lago yesterday, the fbi investigation is likely to play front and center in their conversations.

bret? >> bret: jonathan serrie outside of mar-a-lago, jonathan, thank you. the white house meantime saying president biden was unaware of the federal search ahead of time as the biden administration reveals little about why the raid took place. white house correspondent peter doocy has reaction from several lawmakers who are calling now for an explanation live from the north lawn. good evening, peter. >> peter: good evening, bret. around here at the white house officials talk about donald trump often about january 6th. about covid, about what they call an ultra maga agenda. when it comes to this search warrant, they are hardly saying anything. ♪ing. >> peter: president biden leaving talk about trump up to the communications team. >> the president and the white house learned about this fbi search from public reports. we learned just like the american public did yesterday. >> among republicans not everyone wants to weigh in? >> his reaction to the fbi raid yesterday? >> i'm here today to talk about the flood and to recover from

the flood. >> others are promising probes. republican senator rick scott writes when republicans retake the majority in the senate there will be a thorough and aggressive investigation. everything needs to be on the table for a.g. garland including impeachment and house minority leader kevin mccarthy says attorney general garland preserve your documents and clear your calendar. garland, and justice department employees have been promised independence from this president. >> your loyalty is not to me. it's to the law, the constitution, the people of this nation to guarantee justice. >> but even some democrats are calling for an explanation. former new york governor andrew cuomo tweets don must immediately explain the reason for its raid and it must be more for a search for inconsequential archives political tactic and undermine any future and legitimacy of january 6th investigation. they are worried biden is weaponizing the justice department against political

opponents though biden himself has said he would welcome facing trump again in 2024. >> i would be very fortunate if i had that same man running against me. >> is this administration weaponizing the justice department and the fbi against political opponents? >> peter, the president believes in the rule of law. >> i thought that was the answer no question the white house doesn't see it that way. i also tried to get to the heart of this matter. the accusation by congressional republicans that this white house is -- weaponizing the justice department against political opponents. but the press secretary declined to tell me whether or not they consider donald trump a joe biden political opponent. bret? >> bret: peter doocy live on the north lawn. peter, thank you. a federal appeals court meantime has ruled the house committee investigating donald trump's financial records his tax records can obtain the former president's tax returns from the irs. the former president could seek

emergency intervention from the supreme court to temporarily block any release of those records so far that action has not been taken. let's bring in our panel of legal experts. florida attorney general ashley moody. stuart caplin, a former fbi agent and george washington university law school professor jonathan turley. jonathan, i want to start with you. you've had some time to digest this. we have seen what we have seen. we actually don't know some key things in this so far but your take overall? >> well, frankly, the more we hear, the more confusing this becomes. you know, to hear the account of these ongoing negotiations and meetings into june, you are still left with this question of why they decided to order the raid on the residence of the former president. you have them sitting down and discussing presumably specific documents. and the very least they could have used a subpoena to achieve this same result. and so there is this question about the means and the timing

of the raid. there is also suggestions that they could have had an alternative purpose, that is they are using the classified documents as a way to get january 6th evidence. if that's the case, they could be really laying the groundwork for serious repercussions. some of these people could follow peter strzok and do a private employment if that's the case. because it means that they misrepresented their purpose. they used a pretext before the court. that's exactly the type of dishonesty that the fbi was found to have engaged in during the russian collusion investigation. it's not clear that's the case. >> bret: yeah, right. madam attorney general, thanks for coming on. your thoughts? you are down there in florida. this is a big event, obviously. and your thoughts on the legality? what we don't know. there is a lot we don't know. >> well, you can see, you know, just the passion and the -- i will use the word uprising in

south florida. i mean, many of the people in south florida fled totalitarian regimes from cuba or venezuela. and when you see that government that comes in and has targeted, are we know, previously parents who were labeled them as domestic terrorists. when you have a government that's just announced increasing their agents for the irs by, what, 87,000 agents to target american citizens, and now you have an unprecedented raid on your former president potential political opponent and there's this idea that you could start going after criminally, political opponents. that is the motto of any type of those regimes, suppress political opposition. and i think what we needed today is we needed a president to come out and say i will assure the american public that we will not weaponize the doj.

i will ensure that attorney general garland comes out, and explains why this process was done, why it was necessary. why they couldn't do this investigation through subpoenas. i think that was important for the american people whose heads are spinning after the revelations we have seen in the last couple of years. and you saw the press secretary come out and cower -- she said he has still got a cough. five reporters asked her if the doj was weaponizing this criminal investigation against a political opponent, 12 times, she didn't answer the question. the answer is simple. no. >> bret: stuart, i want to ask you from an fbi perspective. this is a big, big deal. unprecedented to go to a former president's home. obviously when you make that case, the cause for getting the federal judge to sign that search warrant, we don't have the search warrant, we don't

have the affidavits that support it. what are your thoughts? >> let me be frank, bret. this is equating to a pulling a hand grenade pulling a pin out of a hand grenade and throwing it into a room and walking away with no concern for the collateral damage this was an absolute missed opportunity for the fbi. going back to then former director james comey, when he was terminated or fired in may of 2017, he left a trail of damage and destruction where, for the first time, the integrity and the legitimacy of the fbi was now being called into question. the damage was immeasurable. it was irreparable. i cannot understand that the sitting present director, christopher wray, would not have appreciated and would have realized that generally speaking, the affidavit, as you suggest, is not released to the public nor to the target of the search.

but, given the divisiveness and given the understanding and the appreciation as to what this would have caused and we are seeing it play out since yesterday, i implore the fbi and the department of justice to release the affidavit. listen, we don't need let it all hang out. >> bret: would the former president or his team have some paperwork like a search warrant, not the affidavit supporting it, but some list of what they took? >> they would have -- well, so they would have the face sheet, which is the actual warrant, which authorizes the legitimacy of any law enforcement agency to go in to the premises and conduct their search. it will also reference potentially the violations under federal statute. but they would not have the affidavit in support, which would have generated the authority. the inventory list will be returnable within 10 days. but that will all be returnable under seal. so, donald trump and his lawyers will not see what was seized.

nor will they ever see the affidavit until such time as it becomes unsealed and generally, an affidavit in support of a search warrant is only unsealed when someone is formally charged. that's why there should be an exception to the general rule. release the affidavit. let's see what the urgency is. this idea that they were concerned about the destruction of evidence doesn't hold weight. we know now donald trump was up in new york city. so how do you make the argument that they were concerned about him destroying evidence or destroying documents when he is up in new york you can't have it both ways. it really has now demoralized the men and women of the fbi. it's at an all-time level. >> bret: last thing, -- >> at the very least have an honest conversation with the american people. even if you don't release the affidavit forever the investigation purposes which i have said transparency a must, at least have the courage to stand before the american people and assure them that their doj will not be wensed. it's so important.

>> bret: jonathan, last thing. what are we not thinking about here? you would think -- well, first of all, the attorney general had to know. the fbi had to know. the president -- the white house says they didn't know. but those men would realize the import and the political considerations here of this image. what are we not thinking about? >> well, that's what is so troubling here is it's unclear why they took this course of action when they could have used less intrusive means. and you keep in mind, of course, that this is the former opponent of the current president, and the likely future opponent of the current president. that alone would seem to militate towards less intrusive means. what is particularly odd about how this unfolded is that they are saying that they are looking for classified documents, that they are engaged in discussion over. those documents likely were identified. they could have obtained them

through subpoena. and so the question that's going to be coming up more and more, until it's answered, is why this particular course at this time? they couldn't have adopted a course that was more sensational for this moment in time. >> bret: take a look at that timeline. they were doing negotiations. they were having talks. keep going to the next slide. and they fell apart. and at some point they go to get the affidavit, the federal magistrate signs it it's a criminal investigation. and the fbi searches mar-a-lago on the anniversary ofoffice. pretty amazing. panel, thank you so much. stocks were off today ahead of tomorrow's consumer price index report. the dow was down 58. the s&p 500 dropped 18. the nasdaq fell 151. up next, we take a look at how the irs plans to use its $80 billion pay bump and what taxpayers are saying about it and all those extra agents and later four states hold primary

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>> bret: a judge in georgia says rudy giuliani must testify before an atlanta grand jury part of an investigation whether

former president trump and others illegally tried to influence the presidential election in georgia. giuliani's lawyers argue a recent medical procedure to place two heart sentence has left him unable to travel by plane. as the irs awaits an $80 billion pay bump and the hiring of many, many agents taxpayers are wondering how that money is going to be used. democrats are hoping the enforcement will increase audits on the wealthy. new analysis shows those without the found fight the agency may really end up getting targeted. congressional correspondent aishah hasnie is on capitol hill with our report. >> tonight, growing fears about a growing irs. >> yes, i do have a fear of being audited. >> i think that's ridiculous. the irs needs to be smaller, not bigger. >> as the white house finally goes on the record about who the irs will use $80 billion to go after. >> no new audits on anybody making under $400,000 a year. >> no. very clear, no. >> republicans aren't buying it

saying low and middle class earners and small businesses will pay the price for expensive audits. each using the unprecedented raid on former president trump's mar-a-lago home as proof of government run amok. >> they are controlling your life the irs agents are a part of that, going in and raiding president trump's home sends a message that they can do this to you because they have now done it to him. >> democrats believe 87,000 new employees not all of which will be agents, will help the irs go after the uber wealthy. a way to fix the disproportionate targeting of the lowest earners. recent analysis by syracuse university reveals the irs audits the poor about five times more than everyone else. and in 2019, propublica published the top five places for audits were predominantly black rural counties in the deep south. >> auditing the working poor is much easier than auditing the

affluent or the wealthy. >> experts say budget cuts over the years caused the agency to lose auditors who were far more experienced to go after the wealthy. >> and so, the audits aren't just way, way down for the rich and for corporations, but but they are thinner and less good. >> bret, textures that we have been talking with have mixed opinions whether this is actually going to work out in the way democrats intend for it to. and that's why they would love to see a lot of congressional oversight along with that very big check they are about to hand over to the irs. bret? >> bret: aishah hasnie live on capitol hill, thanks. up next, four states holding primary elections today. we will take a look at some of the competitive races and bounce around the map. first, beyond our borders tonight, one person was killed as large explosions rocked a russian military base in crimea today. several other people were injured. russia's defense ministry says munitions had blown up and that

the base was not coming under ukrainian shell. this is a live look at paris. one of the big stories there tonight, rescuers worked to modify a be lug go whale that strayed into the sion river last week. the animal is dangerously thin and working to save its life. medics say if the whale responds to treatment it could be released back into the open sea. just some of the other stories beyond our borders tonight, we'll be right back. ♪ daily value of key nutrients. so every day, you can say, ♪you did it!♪ with centrum >> tech: cracked windshield? trust safelite. ♪you did it!♪ we'll replace your glass and recalibrate your vehicle's camera, so automatic emergency braking

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>> bret: welcome back to "special report." it is august. we have some primaries on this tuesday. here we are august 9th, four primaries. next week you have wyoming and alaska. that's that liz cheney race out in wyoming that everybody is watching.

but this time we have four states, minnesota, wisconsin, connecticut, and vermont. let's quickly tool around here and minnesota congresswoman ilhan omar, the incumbent, facing a democratic challenge from don samuels. she is well-funded, expected to pull out this primary challenge on the republican side sicily davis, former nba player royce white. this district is heavily democratic in its leaks before we will see how it turns out tonight and in november. let's go over here to connecticut cuban born rnc member and immigration attorney fighting for this. really anybody's guess on this primary. faces an uphill battle against senator blumenthal. go back to the map and take you back to vermont and that is where congressman peter welch is

in the poll position for the democratic side. this is to replace outgoing retiring senator pat tri leahy on the democratic side. on the republican side, interestingly enough, you have former u.s. attorney there, christina nolan facing two other republicans but also some independents. there is a communist in this race. but, christina nolan has the endorsement of mitch mcconnell. openly gay woman fighting for same sex couples to marry. go back to the big state of the night and that is wisconsin. in wisconsin, the republican primary puts former running mates at odds once again. former president trump endorsing tim mychals, former will vice president pence endorsing rebecca kleefisch. both of these republicans reacting to the fbi raid at mauller and so are wisconsin voters. grady trimble is in the milwaukee suburbs tonight, good evening, brady.

>> good evening, bret. the candidates wasted no time getting out the vote this morning. they cast their own ballot as soon as polls opened this governor's primary features another set of dueling endorsements by former president donald trump pence's pick is rebecca kleefisch. she served as lieutenant governor of wisconsin with governor scott walker. primary day is typically a quiet one for campaigns but today both candidates are answering new questions about trump. >> do you have a response to the raid of the former president's home yesterday? >> yeah. it's scary to wake up this morning and see that the government has raided the house of the former president. if they can do it to the former president, they can do it to anybody. and that is very concerning. that's why people are concerned about the direction that america is going. >> in a tweet, kleefisch says

the actions from the fbi are shocking and unprecedented. the american people deserve full transparency she says we have seen too many political mode vacated attacks in the past. i continue to keep president trump and his family in my thoughts. the voters we have spoken to today though don't think the raid will have an effect on the outcome of this race. >> i don't think so much for you as a mychals vote doesn't. >> for me, i think it's stick cable it's up and wrong. storm troopers stage is set for november matchup between incumbent republican senator ron johnson and progressive lieutenant governor mandela barnes. polls here in wisconsin, bret, close in about two and a half hours. >> bret: grady, thank you.

♪ >> bret: house speaker nancy pelosi reacting to the fallout from her trip to taiwan. she defended her decision to go despite an aggressive response from china. she also questioned why the visit received so much attention. >> yes, it was worth it. and what the chinese are doing is what they usually do. the president of china acts like a bully. has his own insecurity. it doesn't mean that i'm going to have him do my schedule for members of congress. >> bret: meanwhile, photos from foreign press show pelosi's son paul pelosi jr. accompanied her on the trip. he works for companies that do business in the region. his name was not listed as part of the official delegation. fox news has reached out to the speaker's office for comment but has not received a response. secretary of state antony blinken is in africa this week meeting with leaders to discuss regional insecurity investments it comes amid increasing foreign

governments in the region including some adversaries. national security correspondent jennifer griffin takes a look at china's plans to increase their presence on the convent. >> u.s. military leaders have warned that china is seeking a second military base in africa. this time in west africa with access to the atlantic ocean in he can doral guinea. >> the people's republic of china is expanding economic footprint and seeking to build bases in africa. >> china has already has a naval base in djibouti established in 2017 just next to the u.s. air base from which the flies counter-terrorism drone missions over east africa. long said it was an effort to spy on u.s. flights. >> thing i think i'm most worried about is this military base on the atlantic coast. >> that warning came from the outgoing head of u.s. africa command about how china is militarizing its belton road

initiative, a global infrastructure development strategy that the u.s. says is designed to make countries dependent economically on china. his replacement warned that china may use these naval bases as strategic choke points that could block global commerce. >> there is nefarious activity and coercion and dependency going on by the belt tan road initiative, by the people's republic of china. they -- some of these countries see the bright shiny objects. we need to engage with these countries to establish a type of alliance to ensure that those channels stay free. >> china's foreign ministry pushed back, quote: some u.s. officials have a quite entrenched cold war mentality and have been fixated on block confrontation and geopolitical calculations. they keep a close eye on every move other countries make. this is by no means constructive. secretary of state antony blinken left south asia for africa this week where he is now on a five day tour to counter

not just russia's influence but also that of china. >> too often african nations other nation's progress. they have been told to pick a side in great power contests. the united states will not dictate africa's choices. neither should anyone else. >> it's not just africa but u.s. officials have complained to israel that allowing a chinese company to run the high of if a port is a national security issue. bret? >> bret: jennifer griffin at the pentagon. jennifer, thank you. up next officials in albuquerque new mexico have the primary suspect in the slaying of at least four muslim men. >> the whole world has been turned upside down. people are frightened. they are -- they are disenfranchised. they are -- depressed.

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>> bret: breaking tonight officials in albuquerque, new mexico have caught the suspect they believe is behind the killings of four muslim men. william has the details. >> once police released an image of the car used it was only the matter of time in fact the

release of that photo and led to a tip and arrest of mohammed saeed afghan immigrant and driver of this vmw. he is the suspect of the killing of two likely all four. first afghan man. next three all pakistani men shot in the last three weeks. until now, police refused to label this a hate crime or a serial killing. in a search of syed's home, the car and his car agents found firearms and other evidence they say tied him to at least two of the murders. >> multiple firearms are recovered in home that are continually being tested but right now we believe at least one of them inside the home and one of them inside the car that was pulled over are matching to our two crime scenes on rhode island and cornell. >> the islamic center of albuquerque has been under 24/7 surveillance. members thought they were targets and told not to walk alone or at night. >> the community itself has

experienced something they have never experienced before and probably going to be with us for a very long time. >> so the press conference just wrapped up, bret. and we are told the shooter had some domestic violence priors. he knew the victims and had some type of interpersonal conflict this was not, police say, a hate crime. back to you. >> bret: william, thank you. up next, the panel reacts to the fbi raid at former president trump's florida resort. president biden's big week being overshadowed and breaking news about a ebb move congress. fox news. fox 2 in st. louis where missouri flood victims could soon receive some extra assistance. the federal government has just approved the governor's request for a federal disaster declaration. the late july flash flooding damaged hundreds of homes and businesses. live look at new york. one of the big stories there tonight fox 5 tennis store serena williams suggests she plans to retire following the

open. she wants to focus on family and business interest. williams made the announcement in an essay saying she think she's decision evolving away from tennis and other things that are important to her. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ ♪ ♪♪ my relationship with my credit cards wasn't good. i got into debt in college and, no matter how much i paid, it followed me everywhere. between the high interest, the fees... i felt trapped. debt, debt, debt. so i broke up with my credit card debt and consolidated it into a low-rate personal loan from sofi. i finally feel like a grown-up.

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>> how many times can you cry wolf? i mean, the fbi drags this whole country through hell for three years based on lies and deceit and dirty dossiers. >> no person is above the law, not even the president of the united states, not even a former president. >> this is a dramatic escalation for something that really could have been handled much differently. >> they show that they are concerned serious crimes were committed and they are following the evidence. >> bret: a lot of reaction to the fbi raid at mar-a-lago. former president trump's residence in palm beach and we're getting breaking news about representative perry from pennsylvania. scott perry said this morning while traveling with my family three fbi agents visited me and seized my cell phone. they made no attempt to contact my lawyer who would have made arrangements for them to have my

phone. if that was their wish, i'm outraged though not surprised under the fbi under the direction of merrick garland's doj would seize the phone of a sitting member of congress. goes on to say that his phone contains info about his legislative and political activities, personal-private discussions with my wife, family constituents and friends. none of this is the government's business. that's tied to january 6th, obviously. and now we just have a new statement from the trump camp. i will put that on the screen just moments ago saying monday's brazen raid was not just unprecedented. it was completely unnecessary. and the democrats' desperate attempt to obtain power they have unified the movement. kimberley strassel, jeff mason white house correspondent for reuters and josh holmes podcast and former chief of staff for mitch mcconnell. kimberley, your thoughts, the perry news suggest that that investigation into january 6th

is continuing. there is a lot of people that think that this raid in mar-a-lago is really about january 6th and not classified materials. >> yeah. i mean, so far they are saying classified. some people are thinking it's a phishing expedition. both of these episodes are hugely disturbing. we have guidelines at the department of justice and the fbi in which they draw lines over politically sensitive topics essentially when we are near election time. you do not want that department to look like a bunch of partisan thugs. that apparently has all been thrown out of the window. the news about perry is particularly alarming and also on a slightly different category, too. this is the executive branch intruding on and seizing the phone of someone in the legislative branch. again, an area that the department has traditionally been very reticent to violate. >> bret: jeff, what about this? this does seem obviously like an escalation here and one would think that they would have to know the political impact of it when they made this decision.

>> well, i think it's right to say that there are two side -- there are two ways to look at this. a legal aspect and political aspect to it the doj is focusing on the legal aspect. we asked the white house today to weigh in on both that and the political aspect and they didn't want to. but there is a definite political aspect to this as well. i think you have seen in president trump's reaction seeking to fund raise off of what happened yesterday and can turn into expressed outrage and tie it directly to democrats that this could benefit him politically but it certainly doesn't look good for him legally. >> bret: to that point, there were a lot of people pundits saying that this was all an effort to prevent him from running in 2024. if anything, you had senator lindsey graham saying i just talked to him and i'm more certain than ever that he is running. you mentioned the white house. let's take to the white house distancing themselves from this. >> does the president believe that the justice department acted accordingly here? >> that's up for the department

of justice to decide. >> has the white house been told whether or not merrick garland signed off on the warrant himself. >> the president learned about this just like you all did through the public reports and we learned about this just like the american people did. >> you don't know whether or not garland signed off on it. >> i don't have anything more to share. we have not been briefed on this. >> peter: peter doocy tried numerous times as well. they kept on saying it's a criminal investigation suggesting that it's criminal not national security for leakage. >> yeah. right. that is a big distinction here, particularly when some of the details have been leaked out about what doj was after. but, look, when you are taking the unprecedented step of raiding a former president's home, a joe friday just the facts ma'am routine ain't going to cut it. you are going to need a lot more transparency than that or you will throw the entire country into political turmoil. in terms of the political gift to donald trump i'm sure it wasn't their intent be but that

is what has happened. is he relevant in the center stage talking about and with some justification that he is the deep state's worst nightmare which is hugely reason nate that the with republican voters. >> bret: republican leaders, your old boss, didn't really weigh in today. they were very cautious. >> i think there is an awful lot of republicans and probably some democrats who are just stunned by how this all took place and would like to do some fact-finding, right? i mean, absolutely no clue from the department of justice about what it is that they are ultimately after here. that's absolutely relevant to ultimately where you weigh in. if this is what it could potentially be, a fishing expedition on the former president's home by a potential future political opponent, it's as bad as it gets for doj. >> bret: kimberley, last word. >> let's actually look at that legal question. if you are talking about mishandling classified information, that's something that is normally been handled as a misdemeanor. okay, if you are talking about january 6th, outside of the january 6th committee, there is

a lot of legal scholars that think that it is an absolute stretch to think that you could get, for instance, a legitimate conspiracy charge. so what is doj doing here? taking a step that fundamentally is setting a horrible precedent for the future, too. for not much on a legal front. >> bret: all right, panel. thanks so much. ♪ ♪ >> bret: it is time for "tuesday tweets." busy tuesday. tony asked what will the ramifications of the mar-a-lago raid. i don't think so we will really know until we get all the details especially? search warrant. matt sandler wants to know what advice can you give to family and friends influenced and believing pure misinformation. scary watching people you care about fall down a rabbit hole of lies. watch "special report." ice hockey goalie trying to prevent bad pucks from going by and there is a lot of bad pucks out there. jack bowers asks should the

g.o.p. take bass the house would they be able to will eliminate the irs expansion? yes they would. there probably may be watch the senate that's where all that stuff generated from. we will have to see. tomorrow on "special report" we have new inflation data that could determine the federal reserve's next move. that's it for us fair, balanced and still unafraid. we got it all. in jesse, take it away. >> jesse: you really took off on your birthday, didn't you, bret. >> bret: i did. >> jesse: a real gutfeld move. see you later. >> bret: see you. >> jesse: no comment. 24 hours after the unprecedented raid on a former u.s. president, the people responsible won't talk. they won't tell us what they took. why they took it or what they are doing with it. this came straight from the top. everybody knows it but now they want to play dumb. >> president biden, what did attorney general garland tell you about the trump