lawrence 7:00 a.m. hour of "fox & friends" on the east, on wednesday, january the 17th. >> steve: all right is joe biden hiding? the white house calling an early morning lid for the president as he has gone 36 days without a formal press conference. he is essentially missing in action. >> ainsley: plus, a "fox & friends" exclusive. a middle school student is banned from all school sporting events after he is accused of wearing black face. there's his picture. he joins us as he is suing the district now for ruining his reputation. >> brian: absolutely. underwear under lock and key. the latest attempt to stop shoplifters in walmart and target in california. and i'll be brief. the second hour of "fox & friends." [laughter] >> ainsley: that was good. that was good. >> brian: second hour of "fox &

friends" starts -- oh, forget it. ♪ ♪ ♪ tells california ♪ maybe she fought for a boy from south georgia ♪ she's got the ball in the palm of her hand ♪ she's a 90's country fan like i am ♪ i got a chey >> ainsley: look at that gorgeous shot. that's new hampshire beach, new hampshire. we are heading to new hampshire on sunday. we'll be live from that great state on monday, tuesday, and wednesday of next week. oh, we are going -- >> brian: i love that robot camera. >> ainsley: i see our hotel right there. >> brian: can i see russia from my house there is a diner there, lawrence. i think it's calling your name. >> lawrence: we are going to do three diners again next week and talk to folks. >> steve: right here in new york city it is 18 degrees. as you in the studio crew think

boy, that's really cold. lawrence and i yesterday were in a place in iowa where it was 10 degrees cooler. it's 30 degrees warmer for us than it was yesterday for us when we were working. >> ainsley: what about new hampshire? what's the weather like there? didn't they say we were oi-oh, alexis, she was there our reporter. >> steve: it was snowing. she said it was in the 30's. >> ainsley: i had to look it up. >> brian: madison there yesterday. one thing i always find misty phiing if you work your whole life in terms of president biden to become president of the united states and you finally get the job, why don't you ever want to stay there and do the job. if is he not in delaware in the caribbean, comes back, not speaking to the secretary of defense, that's another story. and then we come back really not much on his schedule until today where has he been, guys? >> ainsley: hyden biden, is he hiding. he was in delaware vacation. then in milwaukee wisconsin, camp david, virgin islands, he

gave a speech in philadelphia again then, of course he goes to camp david again. stops in allen town loves to go to pennsylvania and doing an event in philadelphia. still trying to win over philadelphia. >> lawrence: there is a guy who may know where the president is peter doocy is live at the white house. peter, where is the president? >> peter: he is upstairs, actually. i think most of the lights are off, but the second level there would be where he is -- oh, we are going to zoom. in yeah, just up there we think somewhere in the middle, probably facing the south side so that he doesn't have to listen to us talk loud at 7:00 in the morning we have seen him here and there not just at the house doing anything and that is very unusual. the last couple weeks he was in delaware delaware, milwaukee,

virgin islands. we have seen him in blue bell pa. charleston. funeral in dallas. allen town, p.a., camp david again and then he had an event in philadelphia. nothing at the white house. again, very unusual for any president, including this one based on the last couple years. later on today though, the president is going to host for the first time this year the big 4 congressional leaders schumer and mcconnell from the senate, johnson and jeffries from the house they are trying to figure out how to fund ukraine and the border. going to require president biden modify off his request 64 billion for ukraine. way more than the 14.3 billion for israel. 13.6 billion for some border provision. 7.4 billion for some indo-pacific security assistance and then 9 billion earmarked for humanitarian aid in ukraine, israel, and gaza. here at the white house. we are going to have our first press briefing of the week later

on today. yesterday, because of about 5 inches of snow in the d.c. area, they moved the press briefing from in person to a conference call. and just a sign of how efficiently things move here in washington, d.c., when the weather is bad, the operator from the phone company introduced the main speaker, the press secretary karine jean-pierre as careen johnson. back to you. [laughter] >> brian: that is fantastic. >> steve: because it was a snow day. [laughter] >> lawrence: unbelievable. >> peter: how did that happen? >> brian: i'm not sure. >> steve: snow at your house did the virginia department of transportation ever come and plow your street? >> peter: no. governor youngkin. give me a call. it's like an ice rink on my street right now. >> steve: they are just not equipped for snow. how did you get to work today? >> peter: in a small suv.

i am wearing boots, too in case i have to trek outside in the couple inches of snow. >> ainsley: did your mom get them for you. i know your mom bought steve a lot of gear to take to iowa. >> peter: i saw him in the vest the other day. we all got the same vest. thank you, mom. [laughter] >> steve: all right, peter. >> ainsley: now youngkin will come and snowplow your street because you are wearing the vest. >> peter: we will see. >> brian: thanks, peter. he has been mentioned as a possible v.p. running mate. >> steve: peter? >> brian: glenn youngkin. that will be interesting. i don't know if he would do that or not. it's just so interesting because this is going to be a substantial meeting today. do you realize they got to get immigration done. everyone agrees it's going to be linked to the international aid that almost everybody agrees with they need. especially joe biden running on. if he loses another conflict like he lost afghanistan. is he losing kyiv. then is he not funding and not getting the aid that the

taiwanese paid for already today at noon senator lindsey graham is going to lead a press conference where is he going to be talking about the parole abuse. do you know under trump it was 5,000 a year would be eligible for parole? do you know what this guy has? 1 million. 1 million people coming here saying i'm being abused. i have to stay, really? no wonder we don't see him with numbers like that. joe biden's approval rating is so low he can't run on his record. and his strategy is to essentially make the election all about donald trump. so that's why we are not seeing him. today in the "new york times," peter baker writes a very critical piece. and he said joe biden's best chance of winning re-election in the fall, in their view, the advisers to mr. biden, is a rematch against trump. they find that the former president is so toxic, so polarizing that his presence on the november ballot as biden

advisers see it most to lure disaffected democrats and independents back into the camp of the poll challenged president. they say of nikki haley, if she won, the republican nomination, she might actually pose a bigger danger to joe biden right now they wanted trump so it's trump vs. biden and biden can say you really want that guy back? >> lawrence: it's clear, ainsley they don't want to focus on the issues. one of the things donald trump's signature issue was immigration. and one thing we learned from iowa is that you would have thought that the number one issue was going to be the economy. they said it was immigration and the border. well, i found it very surprising yesterday when bret baier is doing an interview with the deputy campaign manager that the campaign manager said that, actually, the border has been better under joe biden than donald trump. this is what he had to say. watch. >> donald trump had four years to do something on the border. and he did nothing. joe biden has gotten to work. >> okay. well done. >> put families back together.

>> hold on. you are not saying that the situation on immigration and the border is better under the biden administration than it is under the trump administration? is that what you are saying? >> bret, whether a i'm saying to is you that president biden took office, sent a comprehensive immigration reform package to congress. they have refused to pass it. donald trump rounded up immigrants, separated families, and put them in cages. that's not how we treat human beings. >> there are more kids in the custody under the biden administration than there were under the trump administration. do you know that? so, listen, you have to concede that immigration is a vulnerability for the biden campaign, can't you concede that? >> look, what we concede is that president biden is working on their and that republicans in the house are playing political games. >> brian: the most spin you could ever have. kids in cages. we already showed that was barack obama doing that the separation of families, that was done for a few weeks and it was dissipated. if you look at remain in mexico and look at the first country you step into you got to apply. look at 450 miles worth of wall. if you saw what happened unaccompanied minors, we have

80,000 missing kids in our country that we can't track under this president. nobody, except that guy, who i don't believe believes what he is saying, thinks that things were better under the former president. also, when you put legislation in front of a democratic senate and a democratic house and they don't pick it up, i think you blame democrats. >> ainsley: there were nine border patrol chiefs responsible for the various sectors on our southern border. they told the house oversight committee shocking news. one of them, the u.s. border patrol chief jason owens back last may said our sector intelligence unit estimates that the weekly revenue for the illicit human smuggling in our sector alone, the del rio sector alone is in excess of 30 million a week. jason martinez, chief patrol agent of laredo sector last june said for a mexicanre locally it could be anywhere from -- it could be anything from a thousand to maybe 3,000. but for somebody from china, we

have heard it go up to at least -- we have heard it go up to at least 60,000 a person. people are paying big bucks. the cartels are making a ton of money. and another sector, the tucson sector chief patrol agent john says he has witnessed migrants getting beaten for trying to cross the border if they don't go through the cartel. >> lawrence: surging in arizona sector. everybody is always talking about on the left. it's all about the heart. this is a criminal enterprise. this is about trafficking. >> steve: sure is. >> lawrence: trafficking people and illegal drugs. you are aiding and abetting a criminal enterprise every single time you say you are not compassionate. just let them come across. >> peter: the biden administration is letting them codo that the least the cartel could do is pay taxes on it or something like that in the united states. i'm kidding, of course. ainsley, those numbers that you just mentioned are so jaw-dropping. if you are from china you have to pay $60,000 to get in. i was reading in the daily mail,

they actually extrapolated the numbers at this rated in the del rio sector, smugglers are making $30 million a week which would over a we're be $1.5 billion. and when you just look -- and this is the scary number to think about. when you just look at the number of migrants and illegals who came into this country and were allowed in the country that we know of by the biden administration. in december alone, they let 300,000 people in. and. >> lawrence: unbelievable. >> steve: that number is so big 300,000. the population of cincinnati is 300,000. so, in one month, in every month, they are letting in another cincinnati. where are we going to put more cincinnatis? >> ainsley: can we roll that video again of the people coming through the border wall starting with that pink sweatshirt count 1, 2, 3, 4, 5, 6, 7, 8, 9 -- i

mean we are talking $90,000 right there. 100,000. 110 if they are paying about 10. look, there is the smuggler taking a picture to send it home to all their families so he can get paid. >> steve: venmo me. >> brian: 60% of those crossing the border have had some type of social services we have got pay for. if you want to know where your tax dollars are going. you want to know social security why suspects going oit bankrupt. medicaid why it's overstressed and find out why we are $36 trillion in debt. don't say you want the child tax credit and have all these breaks. you have want all these social services at the same time be pro-illegal immigration. because i don't want to give six of every $10 to the federal government to people from other countries that have -- that are already circumventing our rules to get here. nothing against immigrants. >> lawrence: about to be a major showdown on this issue with texas. lawsuit after lawsuit. because the governor has said is he not going to let it happen. >> steve: james comey is going steve joe manchin is going to be

talking it the president. >> ainsley: wish the president would talk to us. >> steve: going to be talking to brian one hour and 15 minutes. >> brian: senator joe manchin sounds like lindsey graham whether it comes to the border. first thing he thinks he should handle allege the president is ignoring it. henry cuellar said someone got to the left wing early president biden knows better but he is kissing up to his ultra left wing. and we are all paying the price because of it. >> lawrence: let's seed what happens in next election. coming up a "fox & friends" exclusive. a student suspended after being accused of wearing black face at a sporting event. the new lawsuit filed on his behalf. he joins us along with his dad, ainsley. >> ainsley: first, bidenomics hitting where it hurts. most say groceries are their top hurdle while some put buying a house on the back burner. brian brenberg is going to unpack all of that nexth lawrence. ♪ ♪

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>> carley: the man accused of shooting two nypd police officers in brooklyn yesterday

an exi don't know a violent rap sheet. officials say melvin butler grabbed one of the officer's guns and opened fire. he is now recovering at the hospital from police fire. the officers are expected to make full recoveries. butler was reportedly wearing an ankle monitor at the time and he had previously spent 15 years behind bars for attempted murder. california governor gavin newsom says he will block a bill banning tackle football for kids under the age of 12. the democrat says, quote: my administration will work with the legislature and the bill's author to strengthen safety in youth football while parents have the freedom to decide which sports are most appropriate for their children. a concerned parent joined "fox & friends first" earlier to speak out against the idea of a ban. >> there are a lot of concerns about head trauma in youth sports and especially youth football. you know, i think that the intent is right but the

direction was wrong. i think the governor coming out late last night with this and saying is he going to veto this bill if it does reach his desk. >> carley: parents set to rally against the ban introduced by a california assembly member later today. climate activists confronting west virginia senator joe manchin while he was speaking at a diner in new hampshire. the group jumping in front of his suv as he was leaving the event. [chanting] >> senator manchin, is he going to join us next hour to discuss that encounter and speculation that he could run as a third party presidential candidate. those are your headlines. lawrence, over to you. >> lawrence: i wish these climate activists would come to new york, l.a. pick up all the trash and do something. >> carley: glue themselves to anything in new hampshire yesterday. i guess that's a win.

>> lawrence: thanks, carley. >> carley: you are welcome. >> lawrence: while the white house touts bidenomics more americans are facing inflation ahead of election day. this week fox voter analysis shows 32% of iowa caucus voters are financially falling behind as the cost of everything from grocery teoscar payment is still up from three years ago. here with reaction the host -- co-host of "the big money show" brian brenberg. let's bring in the professor. >> all right. >> lawrence: this was big. 32%. that doesn't even include the other folks living paycheck to paycheck. >> that's i feel like i'm treading water voters going to the polls feeling like life is unaffordable. when it's unaffordable you react this way to the people running

for office. what are you going to do to make life affordable ghen. >> lawrence: one of the ways this is impacting them and they feel this way is when they go to the grocery store and their heart -- 72% say they're hit hardest by the groceries and 59% have a negative reaction to the grocery shopping. >> look. anybody who walks in there on a weekly basis my gosh these prices are still high and you get all the pundits saying inflation is coming down now. bidenomics is working truth is price rate of change is decreasing hill is still going upwards all week long. >> lawrence: up 25%. >> everybody knows that's not that long ago. you can remember buying groceries then. you know what it's like now. you say to yourself it shouldn't be that way. that increase is way too fast. it's not just groceries, you need a car.

so if you are going to. >> stunning. average new car price. used cars up 38%. whether you are buying new, buying used. it's almost unaffordable. look at the averages payment here over $700 a month for a new car. at that rate, you need an income of like $100,000 to really be able to afford a new car. >> lawrence: you brought something important. it's not just the car payment but the insurance that they have to pay on top of it. >> drill deeper. auto insurance prices have gone up 25% year over year. so you got that payment. then you got about $168 for your auto insurance. lawrence, that's why people are trying to make their car go farther, literally. and that's why your rates to get your car fixed have gone up. because there is so much demand for the mechanic. >> lawrence: up 5.4% since 2022 -6r7b8g9 because of the interest rates. >> lawrence: how can you say bidenomics is working. last thing i just got my first

house this year. >> congratulations. >> lawrence: last year, sorry. got hit at the bank with that got to make $120,000 a year if you want to afford your first home? >> well, because the average home price now is about $400,000. got interest rates over 6%. so if you really want to afford that, that is you want to pay like 28% of your pre-tax income for your house payment. at that rate, you got to be making like 110, 120,000 a year to afford the average home. fewer than 20% of americans can say that, lawrence. so it feels out of reach to people and that's why younger americans are saying, you know what? forget the american dream, forget the house. but that's bad news because that's the wealth building asset most people rely on. >> lawrence: this tiktoker puts it into perspective. let's watch. >> i think a staple of the middle class is owning a home. in order to own a home these days y you need to make $120,000 if you carry some debt to afford

375, $400,000 house which is the average in america. three years ago you could achieve the same life for $70,000. it nearly doubled in just three years. >> lawrence: that really puts it in perspective right there. >>it does. a perspective young people can't handle had ois paying attention. who is making it better, lawrence? as long as interest rates stay high people with homes at 3%, they are not going to sell which means young people get locked out of the market. >> lawrence: the professor breaking it down so we can all understand it. if you want to see a show that breaks it down for you doesn't talk over your head and make it seem like you are dumb. check out "the big money show" on fox business 1:00 p.m. every single day. still ahead. boxers are thieves? california walmart and target locking up socks and underwear because of surging theft. more on that, but, first, a bunch of dead robots, chicago

subzero temperatures knocks out the teslas. leaving a line of stranded drivers. one of them will join us coming up next. ♪

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>> steve: severe cold weather in the midwest creating chaos for electric vehicle owners. this tesla station lined with cars in a deep freeze as frustrated drivers have their cars towed back home and say there has been no response from tesla so far. brandon well born is a tesla owner. he loves his tesla but on sunday

he was stranded and he joins us now to tell us the tale. brandon, good morning to you. >> steve: i had never heard about your vehicle that's the car you own, susceptible to the battery draining because it's so cold. tell us what happened to you on sunday. >> yeah. you know, normally i can get to work and only use 40, 45% of my battery. on sunday it took 65%. which meant that i had to charge, you know, somewhere publicly. and all of the stalls in the area on the tesla app. showed they were all full besides one in evergreen park that's where i went. that's where everybody went five out of the 10 out of order. four available had vacant cars that were there. we were all using one charger and it was taking extra long to

charge. because you are supposed to precondition your battery when you are on your way to the charger so it charges faster. when you are sitting in the cold and waiting 2, 3, 4 hours like me, you can't precondition it. so it's like a double edged sword. not only are there not chargers available and taking longer to charge. >> steve: i understand. you were waiting two and a half hours but to conserve battery power you turned off the heat. we were just out there. we know it's way below zero. so you turned off the heat, you probably came close to frost bite on your feet you wound up waiting so long eventually you called a family member, right? >> yeah. portage towing saved me. there was not a lot of -- let me phrase that nobody from illinois that wanted to take my car to indiana. nobody from indiana that wants to take my car to illinois. if it wasn't for portage towing, then i don't know how i would have ended up. but, yeah, i was in my car for

the first two and a half hours with the heat off. i couldn't move. i couldn't, you know, because i went inside the meye meijer. i had to sit there two and a half hours until the guy in in front of me gave me his number and i was able to walk inside and buy a hat and thermal socks. i came in dress pants and dress shirt because i came from work. i was freezing. took me two hours after i had gotten out of the cold to where my body still wasn't cold to the touch anymore. >> steve: i completely understand. despite all of this, you still love yours at thela, right? >> still rocking the tesla hoodie. yeah. it's such a one-off thing if it wasn't for the 10-degree

temperature. steve brandon, it's winter. you are going to have cold weather. >> this cold? >> steve: maybe. >> well, you know what? at least at this point i know to be better prepared. i left my house with 100 percent charge if all the stalls weren't already broken. my last couple days i have been taking my wife's suv to work and that's been working okay. >> steve: i would, too. brandon, thank you for joining us from your home in indiana where you are warm to tell us the tale, the at the times la tale. thank you, sir. >> thanks for having me. >> ainsley: two cars one for the summer if you are going to get a tesla and cold climate. use that in the summer. but you are going to have to drive your wife's car in the winter. >> steve: he is lucky that his wife has a gas car. one of the people who saw what was happening, and was there said i'm in the middle of a bunch of dead robots. >> brian: ever read the stories about truckers forced to use electric cars. the battery is so big they can barely carry stuff.

wait outside -- i don't know what they call it unload the carrier portion. then you got to line up with all the carollas and go to the charging station and then you got to go back. and then when you line up. they have to have lighter stuff because so much of the battery power takes up so much of the cab room. >> ainsley: who wants to wait for a gas station to power up. it takes 30 minutes? >> brian: sometimes hours. >> lawrence: i'm totally cool if they want to get these cars. i don't like that the government is putting pressure on manufacturers to do this and not thinking about the consequences. when i want to get in my truck i want to go. >> brian: in california in 10 years you won't be able to buy one. stop you. instead of asking you what kind of fruit do you have with you? is that a gas or -- >> ainsley: i was talking with someone down in florida. i said we could never have them really in new york. there aren't charging stations here. >> steve: they have them. they are hard to find. >> ainsley: someone is going to grab that little spot. >> steve: some are broken that's

the big problem. >> ainsley: she said she went to the store. she'll wanted this new car. she was able to get a really luxury vehicle that is electric because they were offering her such a rebate. she got it for like half off. she drives 30 or 40 minutes from like the delray area into palm beach every day. she said it's great for her. because she doesn't have to worry about charging stations and it's warm in florida so we're not worrying about the freezes. she plugs it into a station in her garage. just depends on where you live if this is good for you. >> steve: cautionary tale, who knew that the tesla battery. there's an interesting fact from a.a.a. a 2019 study of five evs found that cold temperatures can reduce ev range by 40% when you turn on the heat in your car. >> brian: wow. by the way, with every ev you get an uber app. because you are going to need to get another car. right? >> ainsley: that's right. listen to what is happening with the shoplifting crackdown. he we talked about crime in our

country a lot. now underwear and socks are the latest items to be locked up at walmart and target stores. used to be toyota tries. used to be electronics that we would talk about. now just everyday items like this. inexpensive items. >> lawrence: interesting fact for me. i know you give me a hard time about fashion. i get all my t-shirts from target. i change them out because i like them to fit a certain way. every two months i go to replace the t-shirts and i have to wait. >> ainsley: two months? >> lawrence: 20 minutes to unlock the door. >> steve: you replace your t-shirts every two months? >> lawrence: they need to fit a certain way. >> steve: i wore these t-shirts in 2012. >> i wash them and want them to look and fit a certain way. >> steve: buy them one at a time. >> lawrence: no. no. five in a package. >> steve: you go through five t-shirts. >> brian: fruit of the looms puts knive a package? >> lawrence: target brand. cheap and affordable.

>> brian: what's the main point of what you are saying? >> lawrence: have to wait every single time long line of people probably like me and want to replace. they. >> steve: they have that because this particular story we are citing is in the san francisco area. you are saying they have the same thing? >> lawrence: oh yeah in new york city. >> steve: you got to push the button. >> lawrence: push the button and wait for them to do it almost everything is behind doors. >> ainsley: they are doing it in white plains, new york too. not just california. one customer said they had to wait like 40 minutes so they were frustrated to get someone to go to the back to get the key or whatever. sephora, they are putting their fragrances in the back. removing them from the shelves and replacing them with tester samples for customers to try. if you say i want to buy will deor fragrance they have to get it in the back. >> brian: by the way, i have a personal story. >> lawrence: here we go. >> brian: someone is going into my dryer and i have 12 single sox i'm missing the other socks. someone is breaking into high

house and stealing my socks i didn't want to report it. but i want to use this moment. give them back i need a blue one, i have got a striped one. they are sitting there alone. >> ainsley: throw them away and go to target with lawrence. >> lawrence: they are very cheap. >> brian: i don't want give up. i keep thinking they are going to show up somewhere. >> steve: listen, you need socks and underwear, just changing. >> brian: not every day. >> ainsley: you can go commando you don't have to do it. >> brian: is that a military thing? >> steve: that's so disturbing. be all you can be join the army. >> brian: right. if you can't find the guy with the keys, you have options by the way. coming up state ahead, amid rumors of a third party run senator joe manchin will meet with president biden. the west virginia democrat will join us next hour to talk about the chances of him going no labels. >> ainsley: help me out here. plus, a student accused of wearing black face at a game fighting to get back into the classroom after being suspended. the new lawsuit filed on his

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♪ >> janice: good morning, everyone. it is cold outside. lets' take a look at the maps and i will show you the wind

chills across the country. coldest in the u.s. negative # 8. mount washington. that's where i was a couple weeks ago it wasn't negative 48 i will tell that you right now. flag island, minnesota, negative 24. juneau wisconsin negative 24. you get the picture. we have wind chill alerts that stretch from my not all the way counsel to houston and tampa florida under a wind chill advisory negative nine. it's crazy. weave will moderate those temperatures in the next couple of days and then the next artic the next storm originates. moves across the plains, the ohio valley and then the northeast on friday we are talking about a couple inches not a big deal. you can see the forecast real quick i have an event coming up garden city hotel long island

next friday to help the michael davidson foundation. michael davidson fdny firefighter lost his life in the line of duty in 2018 his family, his wife eileen wonderful people that want to turn tragedy into good so they are helping her families with this organization i am their keynote speaker that's happening on friday. frank siller did it last year. tall order. i don't know how i will fit the shoes. i will do my best. i'm the proud wife of an fdny firefighter so this gal is very near and dear to my heart. find out more information michael r. davidson foundation.org. you don't have to come. can you actually do raffle tickets online so i hope everyone will go visited that website. this beautiful. he has four children a beautiful wife eileen, and she is doing some amazing work to help other families of first responders. ainsley, over to you. >> ainsley: i remember you telling that story. you are cooking a great thing. wow, gosh. thank you so much janice, we will be praying for his family

everyone say a prayer for them. god bless you for doing that, janice. very nice a "fox & friends" exclusive here. california middle schooler accused of wearing black face has a new lawsuit against school district. he was suspended from school two days and banned from all sporting events after wearing that black eye paint on his face. now his family wants the incident expunged from his records. j.h. joins us now along with his dad daniel and their lawyer karin sweigart. thank you all for joining us. >> thank you and good morning. >> good morning. >> j.a., i know you live out in california. thank you for waking up this early for us. tell us what happened in october back at that football game? >> it was a normal day everything was normal. no one said anything. it was a normal football game and la jolla won. >> ainsley: you put black eye paint like the football players do. >> yeah. >> ainsley: look at that picture all over your face. brian who is a sports

enthusiast. a lot of athletes actually do that. >> yeah. that was the main point because i used to go to a lot of football games when i lived in texas and i used to play football and sometimes we put that on in one had a problem with it? in fact, wasn't there a security guard there who he is a black security guard and he came up to you and complimented you on it. >> yeah. i asked him how did it look? and he said the spikes need to go higher. >> ainsley: all right so, dad, daniel, tell us y'all were having a fun night. a week goes by. and then the principal called your son into the office? >> yeah. i was shocked. you know, there was no incident that night you can imagine in today's world there is iphones, there is thousands of people or over a thousand. actually the other schools predominantly black. and nothing was said that night. there was no incident. he is an eighth grader by the

way. a small eighth grader high school football game staff teachers, police, security, nothing following monday, tuesday, wednesday, nothing. wednesday night, or wednesday afternoon, the principal called j.a. into the office. and then the next morning, my wife and i showed up and he said he did black face and he was suspended for two days and he was going to be banned from sports. that's when i showed the principal the picture from that night. and i thought that was going to end this whole thing. and then he was like no, that's black face daniel, you know your son. i read an article last night that said your son said i don't know what black face was. i'm in middle school. can you expand on that a little? did you know that maybe this would be controversial when you saw the picture, you saw your son that night? >> i was so convinced that it was going to vindicate him that picture. i wasn't actually at the game with him. when i saw that picture i was so relieved i was like wait a minute, this is explainable.

i thought when i showed the principal that that that would clear the whole thing up. but it didn't it. only got worse even after i appealed it, it didn't fix it i just couldn't believe it, anybody that has ever been go to a sports game very normal. kids playing hide-and-seek a few days earlier at my house. boogie boarding. half the group are minorities. some of them african-american. it's just ridiculous that this would be a racial incident that night. >> ainsley: karen this happens at high school football game after hours not at school. a week later the principal at his middle school calls him and says you are suspended for two days and you can't attend any athletic events. and i would like you to beings and on that does that mean high school events? middle school, just for a few months for that season for the fall? and also tell us about your lawsuit? you are now suing the school or the district? >> so because of how constitutional law works and i

won't get into suing the principal directly the superintendent and the people who made the decision to rubber stamp the principal's ridiculous decision to suspend j.a. there was a recent case just in the last couple years at the supreme court where they talked about the out-of-school speech rights that students have to be able to expert themselves. very clear unless you have a substantial disruption on campus schools cannot restrict the out-of-school speech rights going beyond to regulate student speech. not only that they didn't provide j.a. with due process. there is no ample reason why this should have never gotten to this level. >> ainsley: j.a., this is what the disciplinary notice said. this son your record now possibly forever. offensive comment and intent to harm. did you make an offensive comment and were you intending to harm?

>> no, not at all. >> ainsley: what would you like to say to your principal? your principal will probably see this interview. >> ainsley: dad, can you answer. >> he will let the lawsuit speak for itself, probably. >> ainsley: anything you want to say to vindicate your son and allow america to know that was not his intent? >> i think anybody who has ever been to a football game would know this was not black face. he was with an african-american that night. the african-american security guard said the spikes need to be bigger. the only people showing absolute racism was the school and school administrators. there wasn't a real administration to be perfectly honest. when i spoke with the kids involved. they hadn't been interviewed by the principal. when i showed the principal the picture he hadn't even seen it. >> ainsley: it wasn't an issue. you said no one said a word. a week goes by. someone must have reported it and i know you don't know who did. thank you all so much. please keep us posted on what happens. j.a. really quickly what are

your friends saying. middle school is hard and stressful. >> nothing. nothing really. we are all friends and friendly with everyone. >> the kids know the truth. >> ainsley: thank you all so. we did reach out to the san diego school scicket for a statement but we have not heard back. 55 minutes after the hour. and coming up. climate protesters throwing themselves in front of senator manchin and he is going to be on with us. [chanting] [chanting off fossil fuels, manchin] >> ainsley: he is going to react to that stunt in the next hour. ♪ [coughing] copd hasn't been pretty. it's tough to breathe and tough to keep wondering if this is as good as it gets. but trelegy has shown me that there's still beauty and breath to be had.

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