martha, live from iowa. begins at 10:00 p.m. eastern. before we go, remember abc news, politico, people were reporting that ron desantis was headed straight to south carolina, not new hampshire from iowa, his campaign confirmed with politico three days ago, two days ago, as he looked to take the post caucus fight to nikki haley's back yard in south carolina. just got a text from the campaign, because as reporters we talk to them, just fyi, we are not skipping new hampshire, just making a south carolina stop before we get there. we will be in new hampshire tomorrow night for a town hall and thursday for debate. so, directly from the campaign. >> kayleigh: in realtime. >> harris: "america reports" now. >> we have an exciting night tonight. i think we are going to make

history with your help. >> don't sit, even if we are winning by a lot. >> i like being the under dog. >> ok, you are the under dog. >> i think we have done it right here. i think you are going to see that tonight. >> today is the day we make history because we tune out the noise of the media, we tune out the noise of the politicians, and we raise the voices of americans that say we want a better day, we are gonna make it happen. >> john: after months of hard fought campaigning against iowa's 99 counties, the wait is almost over. just hours from now, the hawkeye state will make its voice heard over who should be the 2024 republican nominee for the white house. hello, john roberts in washington and sandra, that four years went by quickly. >> sandra: and this day is finally here. this is "america reports". 40 delegates up for grabs and candidates have been busy making their final pitches to caucusgoers. tonight's results could be a make or break moment for those

hoping to upset former president donald trump in the race for the white house. >> john: turnout especially true this year, forced to battle bitterly coldch temperatures and dangerous wind gusts this evening. >> sandra: what we should expect tonight. aishah hasnie with the latest from nikki haley's campaign. >> john: and bill melugin, travelling with the desantis campaign, in urbandale, iowa. how are they feeling heading into tonight, bill? >> bill: well, john, we just talked to them a few moments ago and he said he believes the polls and the media have the race wrong. you cannot trust the poll when people have to go out in the subzero temperatures and meet in person with their neighbors. so, given that i asked him what does he think is going to happen tonight? take a listen.

>> your prediction. >> it's going to be a great night for us. i think we will have a lot to celebrate because people have worked hard and a lot of energy. >> define a great night. >> you guys will know it. >> bill: and governor desantis says he's going to be flying all over the state today to visit different caucus sites in an effort to collect some last-minute undecided voters here in the state of iowa, and reacting to the poll that shows nikki haley in second place, almost half of her supporters say they would vote for joe biden over donald trump in a general election. what he had to say about that. >> she has no ability to win those voters so she's only playing for a sliver and then hoping she can get in like new hampshire where democrats and independents can come and vote or at least the democratic-leaning independents. but that's not a path to win the republican nomination. >> and desantis told us look, he knows the bottom line is people

are already counting him out because he's third place in the polls, media is saying he's probably going to drop out after tonight. he says absolutely not. regardless of what happens with the iowa caucuses tonight, he's continuing the campaign. he is going to fly immediately after tonight to south carolina, a campaign event in columbia, then he's going to greenville, south carolina, then he's flying to new hampshire, he's going to have campaign events, all tomorrow after the iowa caucuses but he is confident, he says you can expect a big surprise from the campaign tonight. >> john: busy for the florida governor between now and the 23rd. bill, thank you. sandra. >> sandra: aishah hasnie standing by with more on nikki haley's campaign, she's in pella, iowa for us. you have been braving the negative temperatures as well, what is the latest from there? >> aishah: that's right, we are here in pella, famous for pella windows if you are familiar with that. nikki haley will show up and

hold a second campaign event and you can see some iowans are here grabbing lunch ahead of time, it smells so good in the bakery right now. the campaign and nikki haley say they want to be strong in iowa but will not say what strong looks like. we know she's in a fight for second place with governor desantis but unlike team desantis the haley camp is keeping the commitments to caucus, the numbers close to the vest, trying to keep the expectations low. the message has been very, very clear. nikki haley says this is a two-person race now with former president trump. she made that very clear at a stop earlier in des moines. and then also reacted to critics saying she's not breaking through to those maga voters. >> we can't deal with the chaos any more. this is not what americans want to be talking about. they are wanting to know why the economy is high -- why inflation is high, everything is more expensive. why we are not focused on

getting our kids reading again. how we are allowing the lawlessness at the border that's out of control. that's what they want to talk about. not whether somebody is maga or not. >> aishah: she was asked if she thinks governor desantis should drop out of the race, she won't get into that, she says it's a personal decision to get in and out for any candidate, she won't say. sandra. >> sandra: well, it is going to be quite a day, quite a night. can already feel the buzz, the excitement on the ground there. the sense behind you. john. >> john: martha maccallum, she will be co-anchoring our democracy 2024 coverage with bret baier tonight. iowa and then new hampshire, all about expectations and momentum. and typically it's held there are three tickets out of iowa. is that the case this year? >> martha: i'll say this, john. you watch these campaigns and we

have been around the state with a number of the campaigns, seeing them on the ground, they are working hard until the final minute in all of this. now, it's likely that there are three tickets out and clearly you hear the desantis team say they are not going to hang it up if they don't do as well as expected tonight. i think they may be the one to watch for potential up side surprise based on the numbers we are seeing in terms of intensity and their organization. we'll see if it pans out. i would encourage everybody to remember not a single vote has been cast yet, and one of the really cool things i think about iowa is there's no early vote, there's no absentee vote, you have to show up tonight so the proof in the pudding in terms of who turns out for trump, for desantis, for haley, ramaswamy, the biggest enthusiasm for the trump team but it's on line for

them. >> john: in terms of turning out, we have been talking about the weather all day, -5 tonight at 7:00 when people caucus but the wind chill, feels more like -26 according to the fox weather forecast. what voters told us whether or not they will come out with the weather. >> it's one of the things you feel the bite, right, and makes you feel alive, that's what politics do. >> i would assume it would affect turnout, it's affecting the turnout of absolutely everything else. >> i have a couple of relatives for whom this is dangerous. >> we are used to the cold in iowa but this is a little out of the norm. for the most part, get out there in the gloves and hats and keep going. >> john: a friend of mine, ceo of agriculture in summit, in alden, he says stop talking about the weather, we actually work. they are a hearty breed. >> martha: it's true, john, and cars all over the roads.

the fact the sun is out nicely today and yesterday, people want to get out of their houses. you had 15,000 people at an iowa basketball game the other night, they are geared for this and i think they are excited, probably want to get out of the house to some extent. i think they are excited about tonight and i wouldn't be surprised if turnout is better than people expect, even given these temperatures. >> john: as they said in iowa, they are a hearty breed and like to defy the odds and the expectations. in terms of defying the odds and expectations, donald trump is perhaps poised tonight to set a record, at least on the gop side. greatest margins of victory, bob dole in 1988 won the iowa caucuses by 12%. harkin in 1992, won by 64% democratic side. i don't think trump is going to get to 64% in terms of his margin, that was the margin of victory and over undecideds.

i don't think trump is going to get that margin of victory but may go over 50%, which would be historic and would send a very strong signal about the road ahead. >> martha: i think that's what they want, i have spoken to the trump team quite a bit. they want a big victory tonight. they will see if they get it. it's really interesting to watch him. doing the same things in the past, the big rallies primarily but then the moment he brings 25 pizzas to the fire station in waukee. there is an enthusiasm for him, and supportive of him in the rural areas, a lot of population increase in some of the cities here, but it's going to be interesting to see what happens tonight and i think it's going to be about the second place spot and who secures it and how strongly they secure it. that's one of the main things that we are all going to be talking about come tonight, john. >> john: if it's somewhat close, maybe it turns into a horse race

or maybe it's just sort of a cota on the whole thing after the first contest. we'll see. looking forward to it. >> martha: see you tonight. >> john: special democracy 2024 coverage of the iowa caucuses 10:00 tonight. >> sandra: as the results come in tonight, fox news will have you covered with our innovative and exclusive fox news voter analysis. next up, we'll show you how it works and why you'll only see it right here on fox. as we await that data, iowa republican chair jeff coffman will join us how he sees it playing out tonight. >> as a woman of color, it would not matter what i did. my motive, my talents, my ability, and my character would

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>> sandra: so here we go, we are just hours away now from iowa republicans gathering to caucus and vote for a nominee. ahead of that, we will be bringing you a first look at what iowa voters are thinking. we'll be using our new innovative election survey approach, together with the associated press and norc at the university of chicago, fox news came together and surveyed

approximately 2000 likely republican caucusgoers in iowa to learn who they intend to support tonight and why. 2000 likely republican caucusgoers, online survey, by text, cell phone calls, land line phone calls, varied ways we reached out to voters to hear what they were thinking on the ground and which candidate they are supporting. conducted by fox news, a.p., norc from the university of chicago as i noted. a real good look at what voters are thinking on the ground there in iowa, and for more on what to expect from the caucuses, bring in iowa state republican chairman jeff coffman. thanks for joining us. we tell our viewers the first look they will get, this is our new way of surveying those on the ground in this case in iowa ahead of what is typically the fox news -- usually the exit polls, we would not get that data until later in the night.

starting at 5:00 tonight, a good clear indication of what voters were thinking. how do you see this playing out? >> well, first of all, i think it's a great idea because people have not made up their mind yet and so you doing this and gathering up these opinions and reporting before the exit polls is very helpful to my caucusgoers. i think what you are going to find, sandra, you are going to find the economy, and the border. and i can tell you that as a veteran of two of these previous caucuses as the chair and then four before that as a participant, this is the first time that the border and immigration issue has moved into that territory. it's either tied or maybe even a little ahead of the economy. it has vaulted into an exalted place in terms of concern and from the first of the nation caucuses, the next commander in chief, at least who we hope to be the next commander in chief is going to hear our whispers and shouts about that first.

>> sandra: the winners and party nominee going back to bush in 2000, huckabee in 2008, santorum 2012, cruz 2016, up until 2020, it was obviously donald trump, you wonder what is going to be the most important thing on the ground there that is going to make a difference tonight. i can't wait to dig into this fox news voter analysis data when we look at the demographics, the education level of the voter, the religious aspect, evangelical vote, obviously key as we know historically in iowa. male versus female, who they are supporting and why. all of this is going to tell us a lot. i can't wait to dig into that data. but as far as the enthusiasm on the ground there, how big is this going to be, considering the weather? >> sandra, you know, you would think with the weather, you would think you have had a leader in the polls throughout most of the cycle that possibly there would be some dampening of

that. this feels like 2016. and in 2016 enthusiasm was very, very high, the dedication appears to be that they are going to these polls. we have a sunny day, the roads are getting cleared up very, very quickly, snowplows are going nonstop and does not look like a blizzard or whiteout conditions. yes, it's going to be cold. we are used to that out here. i think with this enthusiasm and the lack of satisfaction with what's going on in the white house, i think you are going to see iowans turn up in very robust quantities here and i think what you are doing to try to isolate exactly what's motivating them, i think you are going to see that those passions are high as well. >> sandra: we will have that data for our viewers and our readers coming out 5:00 eastern time tonight. we'll start to get a really good look at what's happening on the ground there. you have a big task here, i'm going to ask you to take us through how this works as we know iowa is much different than

the other states, the iowa caucuses, 1600 of them across the state, 99 counties, we have seen the candidates in almost all of those. can you sort of take us through what's going to be happening on the ground there tonight, the ballots, as they are collected and tabulated, precinct results submitted. what is this process like, what do you want people at home to know? >> thank you, and it's -- we are different than what the democrats have done. democrats used to, they have lost first of the nation now, or rather joe biden has taken it from them, but they used to move to different parts of the gymnasium. in the iowa republican party, it's much more straightforward. check in at 7:00 p.m., be there early, and you can actually register republican at that time. and then comes the part that makes this a caucus as a part as opposed to a primary. the candidates or their surrogates have time to make their case one more time. so this process is ready made,

if you haven't made the decision yet and i think your data that you are collecting today is going to show that our voters are very, very deliberate and discerning about that. once they come in and have heard the speeches from the surrogates, they vote, either write the name down, some have ballots, and what we are most proud of, sandra. these are tabulated in the room, in front of the people that cast the votes, they are actually called in or use the app in the room and then they can look at it on the board that we share with all of you and if that's not enough, we have a paper trail we'll have in our possession in 48 hours, blizzard or no blizzard. so, this is the most transparent processing in the country. >> sandra: so much we'll be able to bring to our viewers, too, about whether or not a particular republican in that state identifies as maga or nonmaga republican, who they see as the establishment candidate in the race. also a big question we have and we look forward to this data as

well, first time caucusgoers and who they are throwing their support behind. these are all going to be really, really interesting details we will get early in the evening tonight. and by the way, thank you for taking us through that. the caucusgoers write the candidate choice on the blank piece of paper and as i mentioned before, that's when they go and collect the ballots, they are tabulated and then the precinct results are submitted. an interesting night, an excited night, sensing enthusiasm from you, sir. thank you for joining us. >> thank you, and your fox team. >> sandra: thank you. john. >> john: closer by the minute here. a new subpoena set to be issued to hunter biden but should lawmakers even have to do that after hunter ignored the first one? jonathan turley says no. we'll ask him why and what he expects will happen. plus this. >> sandra: washington on saturday, pro-palestinian

demonstrators swarming the white house and trying to topple that security fence there. so, would they face any charges for that? leo terrell up next. with cpap anymore. she looks great. i got inspire. great sleep at the click of a button. did she get implants? yeah, i got an implant, sheila!! it's inspire. learn more and view important safety information at inspiresleep.com he hits his mark —center stage—and is crushed by a baby grand piano. you're replacing me? customize and save with liberty bibberty. he doesn't even have a mustache. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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called thyroid eye disease, which should be treated by a different doctor. see an expert. find a t-e-d eye specialist at isitted.com >> john: fani willis is defending her decision to hire special prosecutor nathan wade in the election interference case against former president donald trump and 18 others. willis faces allegations of misconduct accused of having an improper romantic relationship with wade but now says the explosive claims are racially motivated. jonathan serrie is live in atlanta. she says the claims are racially motivated but did not deny them. what insights did she give about her relationship? >> hi there, john. fani willis neither confirmed nor denied a romantic affair but she said that nathan wade was 1

of 3 attorney friends whom she hired as special prosecutors in the trump case. speaking at an mlk day service at atlanta's big bethel ame church, she implied wade qualifications are facing scrutiny because he's the only black special prosecutor on the team. >> i appointed three special counselors, my right to do, paid them all the same hourly rate, they only attacked one. >> critics point out the other two special prosecutors are not accused of having a romantic relationship with the d.a. willis allegedly authorized more than $650,000 in legal fees to wade who took her on cruises and other leisure travel. that's according to a motion filed last week on behalf of co-defendant michael roman, a former trump campaign official who is seeking to disqualify the

t two from prosecuting the case. if anybody doubts our claim that wade is inexperienced, ask him how many rico cases he has handled, how many felonies he has tried. nothing to do with the color of hi skin. john, the fulton county d.a. office says it will file a formal reply to this complaint against willis and wade with the court, which has yet to be submitted. john. >> john: all right. jonathan serrie for us in atlanta. thank you. >> sandra: pro-palestinian protestors and violence near the white house. damaging fences, forcing some white house staff to temporarily relocate over the weekend. all coming after hundreds of federal workers plan to walk out tomorrow to protest how the biden administration is handling the war in gaza. we have team coverage for you,

leo terrell will join us in just a moment with reaction. but first, peter doocy, live at the white house where this all went down this weekend. what's the fallout from those violent protests? >> there is no fallout, sandra, even though the secret service sized up these protestors on saturday night and determined that they could be a danger to folks on this side of the fence. that is why the secret service said as a precaution some members of the media and staff in proximity to pennsylvania avenue were temporarily relocated while the issue was being addressed. secret service made no arrest associated with the march and no property damage to the white house or adjacent buildings. police won a tug-of-war over a fence that these anti-israel protestors tried to topple. next up, a possible walkout of administration officials and federal workers unhappy with president biden's continued support of israel. and this white house has

recently been very eager to accommodate staffers who are unhappy with the president's policies. >> we understand that these are times where, you know, people have -- it's an emotional time and we understand that. >> peter: as president biden returns from a service event in pennsylvania, his defense secretary has returned home. lloyd austin is out of the hospital, he says he is going to fulfill his duties from home while he recovers. he says he can't wait to get back to the pentagon. on friday, president biden said it was a lapse in judgment for austin to hold out on him about his prostate cancer diagnosis. sandra. >> sandra: glad he is out of the hospital and doing better. thank you. john. >> john: more on the protests at the white house and other issues, let's bring in civil rights attorney and fox news contributor leo terrell. so, houthis are attacking u.s. warships and commercial ships, fired a cruise missile at a u.s.

destroyer, hit a u.s. owned commercial ship and the group of people over the white house chanting yemen, yemen, make us proud. what do you make of that? >> leo: this is where the american people can honestly see a dual system of justice, not a single arrest, secret service is telling people to relocate because of the potential danger, tearing down a fence. biden administration has told the fbi and department of justice to stand down. what you saw there, that's their political base. that is the progressive left and when you think about those individuals who are incarcerated as a result of j6, you ask yourself why the double standard. politics, progressive left, and they are not going to take any action against those individuals. they have given them a green light, john. >> john: as peter doocy was

saying, a group of government employees may walk out tomorrow in protest of biden administration policy, including people who work at the executive office of the president, national security agency, department of state, department of defense, homeland security and veterans affairs, u.s. citizenship and immigration services and the naval research laboratory. speaker of the house, mike johnson, said the following on twitter about people who walk out, he said any government worker who walks off the job to protest u.s. support for our ally israel, they deserve to be fired. chairman comer and i will be working to ensure there is appropriate disciplinary proceedings against any person who walks out of their job. clearly in this country we have a first amendment, allowed to protest things you don't agree with but as a federal employee, are you allowed to walk off the job? >> leo: no, they should be fired. they take an oath to work for

the federal government. and what you would have tomorrow, if they go out in protest, they are basically striking against the policies and the programs of the employers, i.e., the u.s. government. not only termination but possible jail time. violation of law for federal employees who take an oath to go out and strike against the government for the policies that they are allegedly trying to implement. this is absolutely wrong. but again, john, there is a pattern and practice here. it is the progressive left and the department and the progressive left would not be arrested. >> john: i want to run this by you, leo, this comes from a completely different place, intuition tells me you might have an opinion about this. fani willis, the big bethel ame church yesterday talked for the first time about the controversy with her and the special prosecutor nathan wade. she said all of these claims of

relationship that she had with him, romantic relationship, were racially motivated. here is what she said. >> i appointed three special counsel it's my right to do. paid them all the same hourly rate. they only attacked one. >> john: she said i appointed three special counsel as is my right to do, paid them the same hourly rate, attacked only one of them. clay travis from outkick asked well, were you sleeping with the other two? >> leo: you know, john, i'm a civil rights attorney, everyone knows this, this is king's holiday and talk about the civil rights and advancement of equal protection. she has devalued with that statement, by using the race card, using her skin color to hide possible alleged incompetency or misconduct and it doesn't stop with her.

i remember dr. claudine gay. what the progressive left individuals are doing, devaluing king's legacy by using the race card to hide, conceal, misconduct and incompetence and it's wrong. this country has advanced so much after king, and there is no systemic racism in federal government, in state government. we have minorities running major metropolitan cities. the race card is dead. individual racism still exists but within the government, no. but what she did in a church on king holiday weekend, insult king's legacy. it's offensive. >> john: so fani willis and claudine gay aside, what are you thinking of this martin luther king day? >> leo: how privileged i am to live in the greatest country in the world. how dr. king made such an impact and his death and the national holiday, we have a black

president, a person of color as v.p., people of color in every aspect of our society. i'm on this program, i have a college degree, masters degree, law degree. king legacy has a major impact. i'm proud to live in this country, proud to be an african american and proud that the american system of government provides liberty and freedom. we have a lot to go, we have a long way to go, we have to make sure equal protection applies to everyone, for example, the jewish community right now is not getting equal protection but we have come a long way but have a lot more to go to. >> john: i remember doing an interview with stevie wonder at the buffalo memorial auditorium 1980s when he was reading the drive for martin luther king holiday, look how far we have come in that time. great to have you with us. >> sandra: ok, another enthusiastic discussion. john kerry reportedly stepping down as president biden's

climate czar to help the biden campaign. is there more to that? the panel will weigh in. >> john: does the president need a private jet? and record cold temperatures in iowa, will do that do anything to cool voter enthusiasm? kathy joins us to tell us why this year feels a little bit like 2016. >> i'll be there, it's part of the process, freedom to do this. it's more than a privilege, it's an honor to do this. other places in the world can't.

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>> sandra: john kerry reportedly set to leave the biden administration after three years to take on a role in the biden campaign for 2024. some are now questioning the

timing of this move as president biden may want to keep -- may want to keep his unpopular green energy agenda out of the mind of some voters right now. econ panel, dan greenhaus and steve moore. great to see you both on this iowa monday. steve, i mean -- the timing is pretty interesting. if the president thought it was unpopular, didn't want to highlight this to voters in his re-election, in his next bid for the white house, perhaps he doesn't want to highlight this, the cost of kerry staff, 4.3 million in salaries each year, it has been revealed according to the boston herald. highest in the salary list, almost $200,000 a year, median salary, 170,000 per year. i can't imagine taxpayers who are already inundated with a lot higher inflation and a lot higher taxes are gonna want to

hear that. >> yeah, i think there are two factors here, sandra. one is the fact that despite everything that john kerry has tried to do as climate change czar in this administration none of it has worked. so this last year, 2023, just ended, the world used more fossil fuels than ever before. you saw in 2023 a crash in the market for green energy. green energy stocks were about the poorest performing of any sector of the economy. so, if there is a green energy transition going on, where is it. but then the other factor here is what you were just mentioning earlier, which is that john kerry has promoted so many unpopular policies, like taking away people's gas cars, gas stoves, lawn mowers, leaf blowers, the things in the kitchen and the house, the light bulbs. americans say wait a minute, that's not the government responsibility to tell me what

kind of stove i have in my kitchen. >> sandra: you can say that again, and the government picking winners and losers, a lot of american voters are not too pleased to see that happening either. perhaps also this headline would make sense as well for the timing of all this. the white house is refusing to say how much this potential billion dollar climate program could be costing taxpayers. they have been asked about it, dan. and they won't reveal the exact cost of all of it. that's telling. >> listen, the general idea for all the proposals is more, you think they are going to cost a billion, they cost 2 billion. you think 10 billion, or don't say at all in some cases. >> sandra: you'll find out later. >> on balance when you look at surveys, americans are generally in favor of the concept of an energy transition, but are not in favor of -- not in favor at the speed the government wants, or the speed the government is implementing, and that

ultimately -- >> sandra: or at their cost. >> certainly not the cost. and the polling in general, how do you have a green future, nobody wants to pay for it, and in the demand for electric vehicles started off strong but has waned as of late, the process will take several more decades than people thought. >> sandra: the proposed biden administration emissions fines, highlighting these as well. put them on the screen, the proposed fines for oil and gas companies, in this country for every ton of methane emissions that exceed federal limit, 900, 1200, number up to 2026, steve, you know, the last thing you want to appear when you are -- you have your re-election, running for the white house again is that you are creating a business unfriendly environment and it could look like that. >> right. that's right. and by the way, one quick thing

how much people are willing to pay, we, just did a poll on this and found the median amount, are you ready for this, median answer for how much people are willing to pay each year to stop climate change, $10. so, that's like mcdonald's big mac meal. and so there is just not a lot of appetite for spending a lot of money on this stuff. the other thing that's so interesting, biden administration doing everything they can to try to hold down the oil and gas industry and what have you seen this year? you've seen blockbuster deals where people, these companies are spending billions of dollars to, you know, buy up the oil fields in the permean basin. oil and gas companies have done well and production is rising again. so, none of these policies, sandra, are working in the way that john kerry wants to, and meanwhile, of course, you know, the one country that is not in

at all on climate change is china and john kerry says we have to deal with china. no he doesn't. >> sandra: interesting pitch in the middle of an arctic blast. >> i think steve's point on china is exactly right. you can do everything you want as the united states to try to curb emissions. if you don't have china participating, if you don't have china participating, none is going to matter. >> sandra: all really interesting stuff. see where it goes. and we'll also see where the economy falls tonight in iowa, as we look at fox news voter analysis and how big of a priority to voters on the ground there. thanks to both of you, dan, steve. >> john: faa set to keep a closer eye on boeing after the scary alaska air blowout. is more oversight needed? >> sandra: plus a brewing border battle between texas and the white house. can governor abbott block federal agents from the border? the supreme court may soon weigh in. i'm a guy who lost a bet.

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by downloading duckduckgo on all your devices today. >> john: a border battle between the white house and texas and fight for control of a park along the rio grande in eagle pass as we await a supreme court decision that could come down at any moment.

matt finn is live in shelby park, the battleground between president biden and texas governor greg abbott. >> our cameras have been inside the park for years now, the viewers may recognize this area where there are countless number of illegal mass crossing right here at the rio grande river. as it stands this afternoon, texas has seized control of the park and is banning federal agents. in december there was a huge surge of illegal migrants here in shelby park. texas governor abbott argues president biden's border policies have allowed the cartels unfetterred access to smuggle migrants into the park and the area so texas has kicked out border patrol agents arguing in part that the state of texas will do a better job deterring migrants. now the department of justice and the state of texas are battling for control of this property along the river before the supreme court. the biden administration has warned the state of texas it must stop blocking federal agents immediately.

and if it does not change course by wednesday, a federal attorney warns texas we will refer the matter to the department of justice for appropriate action and consider all other options available. also this afternoon, the texas military department is shooting down an allegation from democratic congressman henry cuellar who tweeted texas is responsible for the drowning deaths of a migrant mother and her two children over the weekend. cuellar claims they blocked border patrol access to the river to save the migrants. claims that they prevented the border patrol from saving the lives of drowning migrants are wholly inaccurate. the drownings had occurred. mexican authorities were recovering the bodies. congressman cuellar's tweet, even the white house responded to the allegation and right now the texas military department is not taking allegations lightly,

john. >> john: we hear so many allegations of things at the border and then they are wholly something else. matt, thank you. sandra. >> sandra: airports are made for people on the move, but in some big cities like chicago, migrants are settling in, and calling it home. we'll tell you why. >> john: and president biden suffering dismal poll numbers with the economy a top issue by driving voter dissatisfaction. neil cavuto will tell us how people are considering their finances as they consider the next four years. call newday! while credit card rates can be 22% or more mortgage rates at newday are a fraction of those rates. with one easy lower monthly payment the newday 100 va cash out loan lets you pay off your high-rate debt. and you can save $500 a month. nobody takes care of veterans like newday usa.

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