inspire. learn more and view important safety information at inspiresleep.com. >> emily: hello, this is "outnumbered," i'm emily compagno with my co-hosts kayleigh mcenany and harris faulkner and joining us fox business anchor, host of american dream home cheryl casone and brian kilmeade, "fox and friends" co-host, host of the brian kilmeade radio show and host of one nation. we begin with the fourth indictment against former president donald trump. a georgia grand jury returning a

41-count indictment against the former president and 18 others. the district attorney wants to prosecute the 19 defendants all at once in front of the cameras in court and do it within six months, putting this case on direct collision course with the republican primary. trump faces racketeering charges, and numerous conspiracy and perjury charges. brian, a lot happened on "fox and friends" today, three hours of interviews and the like. what has stuck out to you this morning? what are your takeaways? >> brian: a couple things. confusion on the indictment. it happens at night and witnesses are lined up and told we don't need you on tuesday. you wait 2-1/2 years and monday night 10:30 at night and the question was why did you post

it? reuters did it and screen shotted it, almost exactly like the one released. i don't know, i'm not a clerk. not a clerk? are you kidding me, this is serious stuff, president of the united states and 19 others. look at best case scenario, four cases, four each. the president's time and even if he wants to campaign at night and sit in the courtroom during the day, you cannot say it will not affect result of next election and who benefits? the guy who does not like to give speeches, cannot ad lib, sits in the basement and that is president of the united states. >> harris: leo terrell had a different take, he thinks it will drag on. they have to fly people from all over the country to testify in this case and he said that will be a huge drag. it is a big ask to do 18 others

outside of the man facing 13 of the 41 charges. just in georgia. yeah. that goes beyond the 2024 election. then the question becomes, how much can trump get out there? he will have to participate in his own legal battle, this one and the other three indictments, you saw what andy mccarthy said, this carries legal peril. leo terrell didn't agree with that because it will take so long to see what they have and hear from the witnesses. >> brian: and leo terrell thinks the documents is hardest to beat. >> harris: we'll see what happens. if this goes beyond 2024, past the primary and past the general election. i don't know if it interferes, we don't know yet. >> brian: we'll be talking about the case, georgia, documents, whatever you want, alvin bragg issue not talking about the border or economy. >> harris: what happens to other republican candidates, too?

oxygen sucked out of the room. >> cheryl: six months is out of the question. they all say this is insane with size and scope of the case that six months will happen. we're talking 2024. the other, they all said the reason there are so many defendants alongside the former president, their hope is to get one of them to flip on president trump. >> kayleigh: what brian said is very important. the basement strategy, that was 2020, hide from the public, skirt out of presidential debate. former president trump got covid issue got rid of the chance to view the candidates. biden, it is no mistake he put out his announcement video and next day the main-stream media says according to those familiar, he wants to be the background noise while all we do is talk about indictments.

look, there is a two-tiered justice system, i believe that. look at hunter biden plea deal and whistleblower allegations and the da who is elevated to special counsel and shouldn't have been appointed. we have a two-tiered media, who spends 342 minutes on the third trump indictment, 71 times more than the biden malfeasances according to news busters. what will media talk about from today every minute until november 25, 2024, i watched cnn, and msnbc last night, ad nauseum, all they talked about. yes, this is important, two-tiered justice is important, so is americans paying $700 more because of inflation. median price of houses going up

and millennials not able to afford homes. this is important and president trump can find way to do both, use every second of the republican national convention to focus on the issues. we must or we lose. >> emily: we have a few seconds of msnbc from last night with wife of former president and former secretary of state hillary clinton weighing in last night. watch. >> fancy meeting you here, i can't believe this. this is not circumstances i expected to be talking to you. nor me, rachel, always good to talk to you. i didn't think it would be under these circumstances issue yet another set of indictments. i don't feel any satisfaction, i feel profound sadness we have former president that has been indicted for so many charges

that went to the heart of whether or not our democracy would survive. >> brian: couple things, one question rachel maddow has, they say it is illegitimate and doesn't matter. she is saying that to hillary clinton, sitting across from her. donald trump knows he is illegitimate president and she sat there and cried about it for four years and stacey abrams is not the governor of georgia, but she believed she was and people boycotted that state because of it movie industry on down. >> cheryl: and nothing illegal about asking questions about an election, that is fair and happens every cycle from local to national politics. some charges you read through and i'm not a lawyer, when you read through, questions were raised and asked, that happens every four years, every two years, i don't see what is illegal about that, fair game in

politics. >> kayleigh: so gross to see her laughing, positively giddy, i watched cnn cackling about it. it is good for america to indict a former president? i watched mark levin, would have picked up the phone and said get the documents back to me, it is bad for the country and party, we are at a crucible point where everyone is at each other's folks and watching cnn laugh and hillary clinton laugh, it is a sad moment. >> harris: they are gleeful, they think their side will win based on what you brilliantly laid out, you and brian issue the basement strategy. we just saw a president with a beautiful place in our country. not have anything to say about that place being laid to waste. he had nothing to say. he literal leel said no comment. that will not fly given where we

are, prices are not just high on everything going up, they are what they were last year plus 3% more. people are hurting and if we don't talk about that as a nation, it is going to get worse. i agree with senator john kennedy of louisiana, people are not to the pain right now, only the president doesn't feel it. >> emily: more to come, including this. we are getting word president biden will address the devastating wildfires directly. so what took so long? why now? coming up. veteran homeowners to combat today's rising prices. lower your monthly payments with the three c's: pay down your credit cards, pay off your car loan, consolidate your debt with a va home loan from from newday. as someone living with type 2 diabetes, i want to keep it real and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk

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>> kayleigh: we're learning president biden is finally going to address the tragic and deadly wildfire in hawaii. it happened about a week ago.

there are discussions underway about biden making a visit to maui. so why now? he was silent when we learned 99 people were confirmed dead. he was silent when we saw devastating images of heartbreak and los and wouldn't say one word to the victims when a reporter asked him. why now, mr. president? harris, we got the statement from the white house, which emily well laid out. it could have been a ne-yo type statement where his staff wrote it for him. why wait seven days? fire stafrt started tuesday eaching. >> harris: senator john kennedy called for congress to do something, he said, i'm ready to sign. when you hear congress coalesce and want to take movement that puts pressure on the white house. they don't want to be behind

that and blame congress for everything. we can't get the border, it is senate issue house majority republicans, so on and so forth. that is part of it. the other part is optics i pointed out day one. you sat in the white house with a president who was born in hawaii. you have a former democrat who was congresswoman there, tulsi gabbard, the face of call for those back in washington to do the right thing. how can you sit in the white house, having sat next to barack obama and not say something and more than a tweet or post that he -- i don't think he wrote that. when it came to talking, he didn't have words. now is late, but white house time? they are right on time. >> kayleigh: biden white house time. brian, let's review president biden's most callous moment. >> any comment on the --

[indiscernible] -- >> will you talk about the hawaii response? >> president biden: very specific saying a mom who lost two kids to fentanyl, that i killed her sons. well, the interesting thing is that fentanyl they took came during the last administration. >> we've all seen the pictures, seen hundreds of people packed into a c-17, afghans fall. >> that was four days ago, five days ago. >> kayleigh: then check -- then of course that last image checking his watch during the dignified transfer of the fallen. >> brian: two years to the day, when we left afghanistan and they insulted our intelligence saying it was a success. admiral kirby said, it went well, i didn't see chaos.

he sold himself as empathetic traj president who had tragedy in his life. he talks about himself in those times, an odd approach. this is easiest thing in the world, when someone asks you, plea deal just blew up, this is perfect time you walk over issue press sitting there, i will be back tomorrow, let me say, i'm seeing pictures of hawaii, i cannot believe the damage. i will be on the phone tonight with senators and governor and see what i can do. i will get back to you at noon. he does not have instincts to do that, i find it astounding. in the car, they say, they asked you for a comment, pop out again. another thing insane, instinct is to avoid press because of hunter and kayleigh knows this,

if he walk up, excuse me, i'm talking about hawaii. there are people missing, this is not the time to talk about a legal case. you had everything there for you, his instincts after 50 years of doing the same job is off. >> kayleigh: that is spot on and emily, we do segmentes like this day in history. because there are so many moments in the biden white house, we could do this day in empathy. this is to the day, chad gilmore, august 13th, 2021, biden takes off as taliban takes over afghanistan, we covered it on the couch. same day, august 13th, biden spends day at beach and no comment about maui. he is tone deaf. >> emily: we are seeing retirement, we talk about quitting is reserved for people, 20 to 25, this president has quit on us and has zero grasp of the decency he ran on.

it shows disdain and qualification to hold the oval office position. hawaiian are suffering, the way a prior president is being treated at hands of his administration and he sits there with his hat off, enjoying the waves, it doesn't have decency to say my heart goes out to the hawaiians. it is for climate change, not sure why he is not wearing a hat. every normal american can say, my prayers are with you and notion he doesn't have advisors saying, we need you to harness your role as commander-in-chief and say i want hawaiians front and center. >> brian: like bill clinton did with oklahoma. >> harris: we've been hearing people behind him nots getting along, axios reporting people don't want to alone in the room

with him. there is more blame to place, not just on president biden. where was the staff? on vacation, as well? come out with a statement, even if he didn't say it, put it on paper, something. the fact he ignored it. i have a problem with fema right now. have you seen what they are offering, $700, average cost for a family of four per month is $7980's, average cost to live for a family of four, 2455 per person, most expensive state in the nation to live and you give them $700? forget ukraine, it needs to go to hawaii. >> harris: most people did not own the most expensive property, they are playing high prayses and aggregate price has gone up, now look where it is. >> kayleigh: $700 would cover

inflation since he took office. >> emily: tragedy happening is fact people cannot move from where they are in the north, they are cut off, also from prescription medicine and normal toiletry and the like. oprah winfrey has flown there and been handing out items. please keep that in mind. the president enjoys lake tahoe. 30 million in value, he enjoys it, we have private citizens handing out prescription and toiletries needed under biden's watch. >> kayleigh: 10 days in delaware on the beach, spent 40% of his time on vacation and now lake tahoe. if kinder asked about changing

sex, the school thinks they should keep that in the parent. a judge is set to rule on this case.

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>> harris: we are keeping an important case in our view right now on parental rights in cobalt blue, new jersey. my homestate, parents are protesting three school districts refusing to keep secrets from parents, they are on the side of inner pas as part

of a new transgender policy, requiring teachers do tell parents if their children want to change their gender. it is claimed that will violate anti-discrimination laws and suing to block the policy of informing parents of what is going on with their own children. brian. >> brian: three districts, i'm surprised only three districts, governor murphy continues to be stunningly numb to logic and what any parent wants. what parent is saying, i have a seven year old, if they want to change gender, last thing i want to do is hear it. anybody that is parent, grandparent, had parents in the past, who wouldn't want to know if your child is having thoughts like this.

>> harris: as young as kindergarten, kayleigh. >> kayleigh: as young as kindergarten, teachers and administrators are saying, we suggest you come to this meeting, we talk about issues and to keep it from the parent. parental secrecy policy. no one loves that child more than someone who carried that child in the womb, taught that child to talk and speak from the moment of conception than the parent. allegation in florida lawsuit about a girl who changed her gender identity, parents were informed after she tried to commit suicide in the school bathroom twice and the school board member who came up with the policy, consulted for teen suicide and number one advice is parental involvement and shut out parent and tell us the

governor cares more? give me a break. >> harris: this is coast to coast, i interviewed a mom who is president of school board in chino valley unified school district. she said it is not just keeping them out of the picture, it is taking control over the child, that sounds like familiar mantra from the left. >> emily: it is being codeified and that is why parents are pushing back. it is one thing to have a radical agenda pushed on social media, they say that is noise. we have seen it go into policy within unified school districts. in california gavin newsom tries to act in place of parenting if there is any kind of issue. we've had them insert into the law words like "abuse," if a parent dares to refer to their child as the gender they were biologically born with.

the fact that the governor is in such disconnect. i spoke with a local board of education member who illustrated that, he said we are fed up and largest noise, people are disheartened when every hard-working parent says this is my child, why should they fight for rights? that is shocking. default position here, school is totalitarian custodian and parents have no say and if parents dare to speak up, they are labeled abuser and discriminatory. >> harris: discrimination is what we heard used in terms of the lockdown, it started with covid, i live in new jersey, they locked us down like we were criminals, no matter your status, now matter how you -- how many masks you wore, no matter what you did, tested negative, we don't believe you temperature is your testing center. it was insane.

this power grab continues and you actually said what i was about to say, this comes from covid and we saw school boards, there are a lot of great teachers out there, be clear. school boards, i love ones caught on zoom, they didn't realize they were on camera, insulting the parents. we have the power, these are our kids. we saw that during covid. >> harris: now seeing it from the state. >> cheryl: governor murphy says it is anti-discrim nagsz, i think it is anti-parent and happening across the country fchl my child has a cold, i want to know. if my child wants to change gender, you might want to let me know issue not your child. >> harris: in one category of arguing this, yes, as cheryl said, they say no, that gender journey identification, surgery, that is medical, don't have to

tell the parents, they don't need permission to do things. now they want to make this medical, as well. for a doctor to decide whether or not a kindergarten learns about gender identity. >> brian: alley london was transitioning and stopped it and wrote a book about it. not only people in that world not want to hear the message, book stores don't want to cover it because he talked about the mistake of transitioning and he needed a therapist and instead plastic surgeons to be the money and he is trying to get the word out there. >> harris: why so few in california and jersey, who is onboard with that? school board members who loved walking in shorts and drinking coffee when they were teaching

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that new neighbor is hot! that's my husband... it's the inspire implant. he's not struggling with cpap anymore. all that rest is working wonders for him. inspire. learn more and view important safety information at inspiresleep.com. ♪ ♪ >> earlier this summer, supreme court ruled against considering race in college admission, striking down affirmative action. now offering schools new guidance for working around it, one tip, use the applicant

essay. consider what it means to be the first black violinist in his orchestra. consider learning how to cook traditional dishes sparked her passion for food by connecting her to past generations of her family. cheryl? >> cheryl: interesting to read their idea, on the other side of supreme court that made a ruling thinking we should respect the law everybody and bloom, who was bp the lawsuit against harvard that went to schoscotus. take everything away, the boxes to check ethnicity. biden administration, no shame, they want to get around supreme court decisions, even if it is

reckless. >> kayleigh: student loan they created a work-around that may be more leto my knowledgeuous. there was carve out, nothing prohibits university from how race affected the applicant life if tied to quality of character or ushgnique ability the applicant can contribute to the university. this may pass muster, we'll see. >> emily: it is one thing for university to flaunt supreme court ruling and say this is how you communicate in a box and you are minority we are trying to elevate. i say that tongue and cheek, that is against the supreme court ruling. now tell us why you are qualified and a wonderful candidate and will contribute value to the student body. if someone says because of xyz,

they provide concrete example and there is something called constructive, the fact someone could sue and they will face heavy penalties. >> harris: it is not just instructive, they are putting together a construct to work into. in social media, tell me you are black without telling me you are black. >> kayleigh: yeah. brian, bottom line, look at john, he got a 1590 out of 1600 and 4.9 gpa, and didn't get into a school because he is not an asian american or a black american. >> brian: i hope in the future, meritocracy, in your essay, explain how the supreme court decision affects you. got you. target different communities to

recruit, fill in the blank the communities they want to recruit and tell your story. if institutions want to attract minority, it is their right and i think others could say i no longer have to do something, i no longer by law and manhattan mandate certain amount of asian, women, so you can do, make decisions. at least institutions are free to make their own decision. >> harris: we are free as people of color step up and have merits for our way. don't dumb it down for us, we are all americans, if the playing field is even for everybody, we have to do the same thing to get there. i know we have a history, but this is not 1955, this is 2023, we can do this. >> brian: you sound like shelby

steel. >> like charles payne. >> brian: remember celebrities got caught up in faking sports scholarships, i were african americans speaking out saying when celebrities walk across stanford or something, how did you get in? they go, that is how we feel. the near perfect sat, earned their way in. i know you are part of affirmative action. and they didn't like that and said, the celebrities didn't like it, like brook shields who earned her way to princeton and looked at differently. >> kayleigh: chief justice robertses the way to stop discriminating on race, stop discriminating on race. and former n.f.l. player michael

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>> another day, another trump indictment, he faces 91 charges is this election sprfrns or the wheels of justice turning? we have complete coverage and two years since biden handed afghanistan over to the taliban and the threat from terrorism is growing, we weigh in today. with byted touting bidenomics plan in wisconsin today, check on how folks in iowa are doing economically. i'm john roberts, join gillian turner at the top of the hour for america reports. >> you can't keep him out of the back field. let's go.

>> emily: everyone remembers the message from "the blind side," now inspiration for that film is saying the message was a lie. michael oher is suing his supposed family claiming the tuohies never officially adopted him and tricked him into a conservatorship. the family say a conservatorship was their only option since they could not adopt anyone over 18. they said they did not make any money off "the blind side." this is fascinating story because the book and movie portrayed this as a hopeful, well-ending story. this is troubling. >> brian: what is troubling, i interviewed michael oher last week and i didn't get this story. only thing i asked him, i can't

remember on or off mic, he said, i love a movie and that changed my life. harbaugh talked about what a role model he was. my sense was michael lewis did the movie and it wasn't just like it. he said, they acted like i didn't know football, that is typical what they do when they do a story on your life, never exactly what you expect. >> cheryl: is that the family's fault? it is blockbuster lawsuit over conservativeship. we think of britney spears. the family is saying we did this to help him. his biological mother was in the courtroom when this happened.

leigh anne tuohy said, we still love him now, he is still our son. he is now suing them and to be clear, michael lewis, and the book, you can have a movie that is fabulous and makes millions and you don't get anything out of it. they all got small payments, according to the family. and sean tuohy said on a podcast, he said, we were text messaging each other in 2020 and 2021, we've got it, they are a little blind sided. the family feels blind sided and seem to be very hurt by all of this. >> emily: that was articulated in the original filing. michael oher says, i thought i was adopted this whole time and i thought we were compensated together. i'm not legally part of your family and you made more than i did, i had no participation in

this. he felt he was portrayed unfairly. the family said that was our only option, here is how we were complicated. he said he just found out. >> harris: only option not to tell him what his journey was, only oping not to tell about the 14,000 each family member got? there were other options, they just didn't take them. i can barely keep up with those whom i love, but this comes down to something very personal and i wonder if good attorneys can figure out peaceful way. that is what matters, this is about family, not about the n.f.l. or somebody's book or somebody's movie, this is about the real-life movie that we all live. he feels and i understand it, he's hurt. >> brian: he was homeless most of his young life, he battled

incredible odds, extremely bright, sure he did well in the n.f.l., i think this is more personal. >> harris: that is what i'm saying. >> emily: he said i started to become estranged from them. >> harris: he felt lied to. >> emily: he said, i did sign this document, i didn't understand what it meant, i was a kid. >> harris: what did they explain it? >> kayleigh: we weren't there, the tuohies sold their fast food franchise for $200 million, don't know if they needed the $14,000 and conservatorship, and there were ncaa regulation because the father was a booster and to have a son play there, there were complications, none of us know what happens. so sad to see, this one warmed

your heart, sad to see this. the son, biological son said we still love michael. he says he does believe he knew about the conservatorship, there is a lot of love from what i read in the "new york post," hope they resolve it. >> brian: i think sandra and tim did a great job on the movie. >> harris: back to the real people. >> brian: is there a difference? >> harris: there is. >> more "outnumbered" in just a moment. veteran homeowners. have you looked at the interest rates on your credit cards lately? get ready for a shock. the rate on many credit cards is now over 22%. if you want to save hundreds of dollars a month, pay off the balances on your high rate cards and other debt with a lower rate

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and. >> last but not least, something

else snowflakes are afraid of. easy to send an email or quick text, maybe too easy, now a new study finds some people are used to texting or email, and now have a phone phobia. research out of australia finds 90% of gen z, 9 to 24 years old, say they have that problem. and experts say younger generations who have grown up using smartphones have never used proper phone skills. well, hello. >> i don't have this. i am ok. i will say this. the one thing i do miss is when people call the house, people's friends call the house, family or relatives, a sense of like people's relationships. now everyone is in their separate relationship with your phone, the people you want to talk to call you and you text them. no idea. if we live together in a "big brother" situation, that's the old -- how it used to be.

>> you have a house phone still? >> yes, i do. >> we have a house phone still. >> expecting a hurricane, that kept us during sandy. >> a fire alarm attached to the house alarm for safety, for sure. >> safety for sure, every now and then you have a cell phone-free day in the house and if they need to reach us, call us on the phone. >> i do not have a land line. >> millennials don't have land lines, here to confirm and gen z i like this about gen z, efficient. phone calls, sometimes you need it for the personal touch. can you accomplish it faster, we are efficient. >> we never speak to each other so don't make eye contact. >> misinterpret. >> an industry, some woman is

making money, coached 15,000 people how to talk on the phone. cut out pictures on magazines. >> my daughters would never do that. if you watch us, set your dvr. >> john: breaking moments ago, special counsel in the hunter biden case sending a new filing to the federal judge explaining why the original plea agreement the republicans have called a sweetheart deal is no longer on the table. hello, welcome to tuesday, john roberts. good to spend it with you. >> gillian: good to be with you, john. thanks for having me. gillian turner in for sandra smith. this is "america reports." david weiss firing back now at hunter biden's legal team. they claim federal prosecutors