against this bill. we're not taking a victory lap yet. we will all be at the capitol tomorrow -- today at 11:00. we're still fighting for this bill. it is on the floor of the assembly and hopefully it gets kicked off the floor and finally put to rest before we get to the that. we're fighting for this bill and the kids in california. >> bill: newsom says an outright ban is not the answer. you might get your way. thank you for being here. >> thank you. >> dana: fox news alert. a few moments ago you were talking about daniel penny, the man accused of the murder of jordan neely who was on the subway. he is in court right now. this is the question in front of the court today. should this case be dismissed? he is charged with involuntary manslaughter. he had put the man in a choke hold on the subway car because he said he had to intervene

because neely was being threatening. what we've never seen in the case is the toxicology report which has been interesting, right? people want to see that. this case in front of the judge, should it dismissed? he has had his life on hold while he waits to hear this. there he goes into the courtroom. his life hangs in the balance right here. >> bill: a lot of these cases we talk about on the subway or on the streets whether you can ask yourself was itself defense? i don't know if he will argue that. it was more protecting the public in the train car. in between stops and question whether or not he would act out. penny made the decision he did. >> dana: following that case very closely. there are other cases we're following. two high school legal ones that could scale back the power of federal agencies right now before the u.s. supreme court. the justices are hearing

arguments over a regulation that puts fishermen on the hook forcing them to pay for federal monitors on their own boats. welcome to a new hour of "america's newsroom," i'm dana perino. good morning again. >> bill: i'm bill hemmer. back in new york. home last night. head to new hampshire this weekend. the train rolls on. fishing companies argue congress never granted specific authority to launch the expensive federal mandate imposed by the noaa pointing out that congress has denied a request to fund that program putting the regulators on shaky ground. federal agencies want the court to come down on the side of a longstanding legal precedent known as chevron deference giving unelected civil servants broad discretion the interrupt ambiguous u.s. laws and impose rules and regulations. >> dana: one fisherman saying it could sink the industry. >> every coastal town from

boston to florida. everyone will be devastated. >> we can't destroy our economy because of rules and regulations implemented by unelected bureaucrats. >> bill: douglass kennedy is watching this. what's at stake? >> at the center of this argument today is a fishing boat in rhode island. this woman who says she is just trying to survive. this was the regulation imposed upon you not passed by congress, not passed by any lawmaker. >> no. it was imposed on us by a regulatory agency who doesn't care about the proveistability and doesn't care we'll have to pay a government on board enforcement agent more than the crew makes a day. >> she operates the relentless. a herring fishing boat from rhode island. in 2018 said they must carry a government observer on its

10-day trips. which was fine. but then said meghan's company had to pay for it. this was essentially a tax on your business by an agency with no accountability to the public. >> absolutely. once they implemented it there was nowhere else for us to go. >> in 1984 the u.s. supreme court gave federal agencies like noaa tremendous power to interpret laws and impose regulation on small businesses like meghan's. it is a landmark case come to be known as chevron. you are now asking today's supreme court to overturn what has been known as chevron deference. >> yes. it is completely unfair that the agencies get to decide what the law is. >> john is the attorney now suing the federal government. he says many federal agencies have taken a advantage of the ruling to impose unreasonable regulations on ranchers in the west and other small business

owners in the south and midwest. but the most egregious may be noaa which put some call senseless rules on fishing. all bypassing any democratic process. >> congress does not have to write clear laws about what they want. the agencies then get to declare what the law is with no input from the people or the voters. >> meghan says she can accept any rules and regulations as long as they are imposed by someone who is answerable. >> because government agencies aren't answerable to anyone they aren't afraid of the citizens. the citizens are now being afraid of the government. >> sthe is hoping the supreme court can remove the fear and restore accountability to federal agencies. >> dana: she is in the court this morning. i like her. >> she have is great. these federal agencies have no idea of the businesses they are trying to regulate. they are not familiar enough

with them to do it. >> dana: join us for the legal breakdown, jonathan turley. you can help us explain to the audience. this is not small legal issues. this could be seismic in washington, d.c. and affect americans across the country. >> dana, i think that's absolutely correct. most of the everyday life of citizens is affected by regulations, not laws. they are affected by what bureaucrats essentially decide in state and federal agencies. since 1984 the level of deference given to federal agencies has been enormous. it is very difficult to dislodge an agency decision because of chevron. and that level of deference has led to this enhancement of bureaucracy to the point that some refer to it as a fourth branch. we have a tri system of three

branches. all these federal agencies that are legislating for the country. it is really a very serious problem because the balance in our system of three branches is a very delicate one. to introduce a third branch -- sorry, a fourth branch, introduces a level of instability and unaccountability that troubles many. >> bill: they have been trying to back this thing off for some time going back to the chevron case. questions about john roberts and bret kavanaugh and amy coney barrett, new to the court. how do you think they come down? >> that's right. as you note, some of the justices have been writing the epitaph chevron for years. gorsuch has written on this issue before he went to the court. the question will be

institutionalists like john roberts tends to get sticker shock with sweeping decisions of this kind particularly affecting the government's authority. so we're not sure how they will play out in this. it may be they further curtail chevron. in the last few years the court has been tacking back a little for chevron. many of the advocates want to see chevron simply taken off the table. the thing is that if you read some of the briefs of amicus, they make it sound like the world will come to an end if you don't have chevron. we lived in a world without chevron 40 years ago. rome did not burn. it means that judges have greater ability to review these agency decisions. so this is not a choice between the state of nature and civilization as many have portrayed. >> dana: it's a fascinating case. pay attention to it.

i know you will and you will explain it to everyone. big deal on the docket. thank you so much. >> thank you. >> bill: the white house igniting a bit of a media firestorm this week when it accused the state of texas of blocking efforts to rescue migrants who drowned near eagle pass. that very claim is being discredited by the president's own justice department. matt is live in eagle pass, texas. good morning. >> good morning. we're standing inside shelby park near where the drownings happened. a federal attorney has warned the state of texas today is the deadline for texas to reopen this park to federal border patrol agents or the federal government warns it will consider all options on the table. i spoke with texas attorney general ken paxton. he tells me texas is not backing down today. it has the obligation to protect its public land. i will step off quick and give you a closer look what it looks like inside this park.

you can see there is row afro of razor wire along the rio grande river. texas says it is deterring migrants. we see it working. believe it or not this particular razor wire is at the center of the dispute here between the united states government and the state of texas. at the same time this morning, there is the ongoing controversy about the drowning deaths of a migrant mother and her two children near this park on friday night. over the weekend democratic congressman tweeted texas is to blame for the drownings because they blocked border patrol from entering the park to access the river. however, the texas military department claims that claim is inaccurate saying mexico handled the drowning deaths and border patrol showed up after the incident. despite the unconfirmed allegation the white house released a controversial statement over the weekend insinuating texas is to blame writing in the first line on friday night, a woman and two

children drowned near eagle pass and texas officials blocked border patrol from providing assistance. i asked the white house if it plans to issue a clarifying. border patrol was not blocked from rescuing the three migrants. the white house says it stands by the statement. >> when you accuse somebody of being part of causing the deaths of migrants, you ought to have your facts straight. if you don't you need to correct the facts so the american people know you got it wrong. >> that without statement is being compared to the statement in 2021 debunked when the white house claimed that border patrol were whipping migrants around the border. >> bill: one word against the other. matt finn in eagle pass, texas today. >> dana: israel's counter offensive against hamas entering

its most dangerous phase yet. idf trying to take control of the terror groups vast maze of tunnel some stretching for hundreds of miles. we're learning new and harrowing details from hostages held captive by the group. let's get to alex hogan reporting live from tel aviv. alex. >> the idf says through an air strike in the west bank it targeted and killed a top spline militant who tried to plan attacks against israelis in jerusalem. as far as the latest stage of the war in gaza israel's defense minister said the maneuvering in the north but there is some fighting in the north. the focus is shifting to the central part of gaza, areas where today the idf uncovered a new system of tunnels. the defense minister said the fighting in the south will soon start to wind down. giving no word on the timing on that. that is where the majority of

the nearly 2 million people who are displaced have fled. dire conditions there as the u.n. warns of a growing risk of widespread famine. the u.n. also says that 152 of its staffers have been killed in gaza since the start of the war. back in israel our team joined one of the freed hostages who returned to her home where she hid with her husband and twin 3-year-old daughters on october 7th. hamas militants set their house on fire so the couple made the decision either stay inside the home and burn alive or climb out of the window and get shot. the family chose the latter. instead of being killed, they were taken captive into gaza. the woman and girls are freed but her husband is still captive. >> if there is any chance you are hearing this, my love, i will do the best i can. you are coming home, i promise you that. >> france and qatar have brokered a deal to send in

medication that the hostages remaining in gaza so desperately need. 45 of the more than 100 hostages have chronic illness anded in the medications. i talked with a doctor in tel aviv who said despite it being a hopeful moment that the hostages might be able to get the medication, they have still been without it for more than 100 days, dana. >> dana: thank you for covering this, alex. we appreciate it. >> bill: back in new york this was quick, the judge has no decision for daniel penny, the marine who is accused of that choking death on a new york subway. the judge says he needs more time to research the motion. march 20th is the next court date and there will be -- if there is a trial it won't happen before the fall. this will go on for some time. >> dana: it has taken so much of his life. >> bill: that word from the courtroom a moment ago. now this. >> mr. kerry has always thought that his actions were different than everybody elses.

he is special and privileged and that's what we get out of the left. >> john kerry not taking too kindly to a question about his carbon footprint. he certainly talks the talk. does he walk the walk? >> bill: see what you did there. u.s. navy lieutenant is released from jail after more than 500 days behind bars. what was his ordeal like? he and his wife will join us today. >> dana: donald trump winning big in iowa. who exactly were the voters that carried him to a landslide victory? a deep dive into the demographics. >> the election will resolve around all these legal issues. >> i was honored to serve america in his administration. but rightly or wrongly, chaos to duckduckgo on all your devie

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>> dana: fox news alert. senator chuck grassley is in the hospital being treated for an infection. he is expected to make a full recovery after receiving antibiotics. at 90 the iowa republican is the oldest sitting member in the chamber. the senator is in good spirits and will return to work as soon as possible and he loves to vacuum if you see him on instagram. >> bill: hard to keep that guy down. he is tough. >> dana: sure is. >> bill: john kerry snapping at a reporter confronting him about the size of his carbon footprint for flying across the atlantic to the world economic forum in davos. >> what is the carbon footprints of these events every single year when you come here? do you think it's worth it? why do you think you are more important? everybody else around the world? >> nobody ever suggested that.

don't make up stupid questions. >> you being here every single year and doing this suggests that. >> and i have done a huge amount. >> bill: carley shimkus and kennedy here to talk about it. so i imagine that reporter had been waiting for days for that opportunity. >> probably years to call out john kerry on his utter hypocrisy. the worst person imaginable to put in place as our nation's climate envoy when the only thing he is an expert at is environmentalism when he doesn't want things built in his fancy backyard. connecticut casual. he is in that horrible spot. pinched in the middle. people on the right stop lecturing to us. you are a hypocrite. people on the left you aren't going far enough. you have room in the world with carbon. >> dana: he does think very much he has helped change the world. he is leaving the administration

and going to try to help save the biden campaign. >> something tells me the world will continue spinning on its axis but he will work on the biden administration campaign to talk about climate. if an official tells you you are asking a soup i had question you are probably asking a smart questions. the other thing that somebody needs to help john kerry better prepare to answer this question. it keeps coming up and he never answers it well. the viral video of him saying that somebody like me has to fly private, yeah, because i need to fight the battle against climate change. >> bill: funny you should say that. number two, july of last year, remember this? here we go. >> so i just don't agree with your facts, which began with the presentation of one of the most outrageously persistent lies that i hear, which is this

private jet. we don't own a private jet. i don't own one. i never owned one and obviously it is stupid to talk about coming in a private jet from the state department up here. >> bill: i guess you could lease it. >> i had this moment written down because i wanted to talk about it. he continues to say i never owned a private jet. i stand by that statement. my wife owns the jet. sorry. >> dana: the other thing is the climate crazies are coming after taylor swift. "wall street journal" saying that her carbon allowance. not to feel guilty about private jet travel. now because she gets a lot of attention they are saying she is flying around and she is eating up all of the greenhouse gases and her office was like we're fine, we buy off these nonsense. >> they pay money to part to the

world to not grow things that they weren't going to grow in the first place. like paying an 85-year-old virgin to pay her not become a hooker. she wants going to do it anyway and they pay all these countries to do. a system that is corrupt, magnet for fraud, it is completely under regulated and it is pure virtue signaling as the wall is journal pointed out. she has done so much for so many economies across the country with her tour she can drive private wherever she wants. >> bill: dana was using that example about ten minutes ago. funny how your minds think the same way. carley, to quote the journal, they are a political creation that allows companies and now celebrities virtue signaling. >> i would do the exact same thing if i was taylor swift. pay money to these green companies and then get the climate people off my back and fly private, yeah, absolutely.

>> bill: empty calories is what it is. >> dana: i would love to know -- i know she won't do it. wouldn't it be fun to see her respond to a reporter asking her about that? >> yeah, yeah. >> she would have a far superior response to john kerry. >> bill: sit com star revealing he almost joined the mob. stand by, here we go. ed o'neill from his role on modern family. a mobster in his hometown tried to recruit him. he thought about it because he was young and broke but fear of prison prompted him to pursue acting instead. youngstown, ohio. that happens. >> dana: he graduated from ohio u? >> bill: i love it. >> dana: bring in ohio, oh yeah. >> bill: your daughter is having a great time there?

>> too much. >> dana: check this out as well. traces of cocaine found on hunter biden's gun pouch and a navy officer jailed for 500 days and he is freed. he and his wife join us to talk about the tragedy and their return and triumph. because aspen dental has the latest technology and equipment. with a staff that goes out of their way to provide exceptional care. plus free exams and x-rays for new patients without insurance and 20% off treatment plans. making it easier to get started with quality care. it's one more way aspen dental is in your corner.

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>> bill: go back to the boardroom in new york city. the judge in daniel penny's case the judge denied it. three weeks for further motion. it was unclear earlier. now confirmed as he left the courtroom ten minutes ago. want to make sure that was stated the way it was. >> dana: president biden will meet with congressional leaders at the white house this afternoon. the group is expected to discuss a national security package that will include funding for ukraine, israel and the southern border. the administration is looking for a bipartisan solution after months of negotiations over the bill. democrats want the foreign aid voted on separately while the gop wants border security tied

in and they are dealing with a two-seat margin on the house republican side. >> bill: we are examining what happened in iowa trying to get a forecast a little bit for new hampshire. they the end to be different voting blocks and groups. maybe some of these hints in iowa give us an idea about next week. our everything you see in people age 65 and older. anything in salmon, this is how much better trump did in 2024 as opposed to 2016. you see all these counties there largely rural down here along the border missouri and up along the border with minnesota. quite evident there. everything in red is when he performed at least 26% or better when compared to four years ago. a lot of them on the map there. another one with the demographics. this is, he said, come on, okay, so that's not going to work right there and we'll try and do

this another time. meantime walk back here join my friend dana perino. >> dana: he does know all those numbers. >> bill: here is the deal. what happened with trump is that he did perform better with people over the age of 65. he did perform better with those of lower income class. he did perform better with those without a college degree. but that has been his pattern and it shows up clearly all throughout iowa. >> dana: 2016 is the first contest? people were unsure. then they saw what he did and they said he is our guy and he is leading not just the party but the movement as kayleigh mcenany talked about as well. want to get you this story. it means a lot to us. it has been a long road to freedom for her. ridge alkonis reunited with his family. he was serving time over a car crash in japan that killed two people. the navy officer spent 537 days behind bars. the vast majority of them in

japan. most recently here in the united states for just under a month. lieutenant alkonis and his wife join us now. it means a lot for our audience to have a chance to see you and to see you together brings smiles to everyone today. ridge, tell me about what you remember from those moments after the crash and what were you thinking when you first had to go into that prison? >> first of all, i am still active duty. so the local i discuss today are my opinions alone. from the moment the crash happened the first thing i said is i want to take care of these families that were hurt. and that sentiment, that remorse i feel has never waivered and continues today. >> dana: do you remember how you were feeling right before the crash? can you describe it for people? >> i was talking to -- the last

thing i remember was talking to my daughter and after that the next thing that i remember is the smell of the gas that deployed from the airbag. everything else is -- is fuzzy or i don't remember it at all. >> dana: i know that britney has been amazing, your spokesperson and your lifeline and con he can schenn. did you know the impact she was having here by being so willing to be public about your case? >> i knew but i didn't understand the scope of what -- of how far it reached and coming home and being able to watch all the videos and read everything that people had written about her was unbelievably humbling to know someone cared enough me to put that much effort on my

behalf. i consistently called her my super hero. i nicknamed her britney the bold for all she has done for me. and i could not be luckier to have her with me and stick by me through this whole thing. >> dana: your love and commitment to each other inspires all of us. when you were able to take the children to see him can you describe the children's reaction? >> it was kind of fun friday morning we got in the car. it was like any other day. we went to school, one kid was out of the car, i had one leg out of the car. we got a phone call and i was told to drive and pick him up. i yelled at all the kids to get back in the car. what are we doing? i said we're going to get daddy and they screamed and he were so excited. when we got there it was a few

hours waiting. his siblings, parents and nieces and nephews joined us. the second he walked out those doors they were elated. and it has felt like the past year and a half never happened, you know. >> dana: i hope that's true for you that you can put this behind you. ridge, what do you plan on doing? i don't know if you can answer this. do you plan on staying in the navy? >> right now i'm focused on being a good husband, father, brother and son. those are my primary responsibilities. i am working with the navy to reintegrate not only with them but my family as well and then eventually find a command for me to be at locally here in san diego. after that, you know, i haven't really thought about right now we're focused on just figureing out how to be a family again and getting everything restarted. >> dana: we're glad you are home

and thank you for being such a shining example for people everywhere in america what love can do and perseverance. and brittany the bold indeed. thank you so much. >> thank you. >> bill: wow. welcome home. 22 before the hour. republican lawmakers launching a new push to hold dr. anthony fauci accountable for his alleged dishonesty on covid. why doing that might be easier said than done. as america gets back to the houthis, the details of how the man in charge of that response, secretary of defense hid his health problems from the public. >> it was about secrecy. we need someone at the helm. we can't have a vacant presidency at 1600 and at the pentagon.

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>> bill: now to the hunter biden investigation. special counsel's office pushing back on an attempt to dismiss gun charges against the president's son. prosecutors pointing out that investigators found traces of cocaine on his gun pouch. martha maccallum is having a look at this. hello to you. here is the evidence. the colt revolver. i do believe one of the pictures on the laptop had it down by his thigh, i guess, and they are saying this is not a trumped-up deal as you allege. this is the real thing. >> it's unfortunate for him that they found gun residue on the pouch that -- cocaine residue on the pouch that this was kept in. also very interesting to me that david weiss is suddenly the person pressing so hard making it clear there is no political influence involved in this and he will follow this all the way to the end because, you know, we all saw the plea agreement that fell apart and all watched the irs testimony by the

whistleblowers who said they were in his office trying to get him to press forward on this case. that's all past at this point. but they also said he wrote his own book that detailed his cocaine use during the time he purchased this gun. so this is all about answering a question on a form. >> bill: can i quote weiss. he said the charges and trumped up or because of former president trump. but a result of the defendant's own choices. >> right. if anyone fills out an application for a gun and it is proven that they are using drugs at the time that they purchased that, now you have the two things together on the pouch and this does not look good. he should be treated like anyone else who would be in that situation with regard to whatever the appropriate punishment for that is. >> dana: the other thing i thought about there must be some very strong animosity between hunter biden's lawyers and the special prosecutor because after that all went down in the

courtroom and fell apart, now the justice department is saying okay, mr. big shot lawyer, you think that i'm going to win here and now they're fighting and interesting to see how it turns out. >> bill: we have the 911 call of lloyd austin. he went in for a procedure before christmas. so this apparently is new year's day, january 1st. someone who worked with him who has been unnamed. >> can i ask can the ambulance not show up with lights and sirens? we're trying to remain a little subtle. >> bill: keep in mind the line about remaining subtle. the president wasn't called. nobody knew. it seems like lloyd austin had no intention to tell anyone about this. >> even his security detail. >> which is bizarre. everyone understands the need for privacy. this phone call doesn't strike me as unusual. a high-ranking public official and even the ambulance driver said it is customer we don't

need to run the sirens in the neighborhood. once we get to the public roads we will have to turn them on. fine, we understand that. in my mind going through this story as we all have over the last couple of weeks, this is lloyd austin's issue. he needed to say make sure the president is informed of my whereabouts. make sure the president understands i would like to keep this close to the vest but clearly we need to make sure the commander-in-chief is aware. >> dana: just do the right thing. i will see you on "the story" and there will be breaking news about the story -- on the story. we have some here just moments ago the biden administration officially finally redesignated the houthis as terrorists. that is in response to the dozens of attacks on shipping vessels in the red sea that have been happening and blinken, the secretary of state, said this is not going to stand. one of the things you have to do is redesignate in order to take military action against them. >> bill: just remember when this happened. they were removed in february of

2021. he had only been in the oval office a couple of weeks and the houthis have been at war with the saudis and the iranians have been backing the houthis to go against war shia sunni and this was a 180 again away from trump's idea to embrace saudi arabia and biden said we're going back to iran. this is what we're left with. >> dana: you had the tension between biden and the saudis and in yemen because of the war there is a terrible humanitarian situation. so if you say okay, what are the best of intentions of the biden administration. by taking away the designation it would help the people and humanitarian crisis. it gave space for iran to rearm the houthis and we're paying the price. >> bill: you have to ask the question whether or not the attacks over the past week and a half have been effective. our attacks against them. >> dana: 15% effective. >> bill: good luck with that. here is remember this time.

>> we thought they were protecting science and the science they were protecting is this gain-of-function research that they want to do. but in fact they did the opposite. i think we've lost a lot of credibility in both nih and cdc because of their lack of transparency. >> bill: the next chapter rolls on. republicans trying to hold anthony fauci responsible for dishonesty. he said he did not recall many of his private conversations from the early stages of the outbreak. hillary vaughn, fox business, capitol hill. >> not just what dr. fauci didn't recall in the closed door conversations with lawmakers but what he did remember. they say it contradicts what he testified publicly. >> i've sent two referrals to the department of justice. i think he lied to congress, which is a felony.

we know that from his own words. not because i say he lies. his private emails say he is lying. everything he said in private contradicted what he was saying in public and fairly honest in private. >> whether or not he is charged with any type of crime is up to the d.o.j. through the u.s. attorneys office or federal law enforcement. they would decide whether or not to charge him. senator roger marshall looking for accountability said fichey misleading lawmakers these people are frauds and there must be consequences that fit the crime. even before this virus landed on american soil, i sounded the alarm asking for answers and following the money. they vilified me. my colleagues and anyone who started putting the pieces together. i was not afraid of taking on the gain of function mafia then or now. if fauci did mislead congress he could be charged for lying to congress or perjury if he lied under oath. if found guilty of either of those ultimately he could face

up to five years of jail time for each charge. >> bill: something to watch. i know you'll be on it on the hill. >> dana: this is one of my favorite stories. they're facing off on a legal battle with major implications how crypto is traded. we have the details next. known for getting everyone together. no one wants to be known for cancer, but a treatment can be. keytruda is known to treat cancer. fda-approved for 16 types of cancer, including certain early-stage cancers. one of those cancers is triple-negative breast cancer. keytruda may be used with chemotherapy medicines as treatment before surgery and then continued alone after surgery when you have early-stage breast cancer and are at high risk of it coming back. keytruda can cause your immune system to attack healthy parts of your body during or after treatment. this may be severe and lead to death. see your doctor right away if you have cough, shortness of breath, chest pain, diarrhea, severe stomach pain, severe nausea or vomiting,

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>> harris: hunter biden wants his gun charges dismissed. not so fast. we just learned the f.b.i. found cocaine on his gun pouch. plus the white house blaming texas leaders for the deaths of three illegal immigrants crossing the rio grande. even though the facts don't support that. and the heat is on liberal media for refusing to show donald trump's victory speech in iowa. congressman pat fall on, jason chaffetz and jason rantz. "the faulkner focus" top of the hour. >> dana: right now america's largest crypto exchange squaring off against federal regulators in court. kelly o'grady has the story.

>> round one in a critical case for the crypto industry. they're asking a federal judge to dismiss a lawsuit brought b the fcc. the hearing kicked off. fcc is up first. they say they operated as an unregistered exchange broker and agency and harmed consumers by not abiding by those laws. the other was saying no legal contracts were entered into with customers. coin base says they have no jurisdiction in crypto. congress has consistently recognized that regulatory authority over digital assets remains unassigned. it is considered 15 legislative proposals concerning the regulations none reflect the view the sec has the authority it claims. the administrator is trying to rein it in.

they brought over 50 lawsuits in crypto under his leadership. the cases are murky. no clear definition what type of asset crypto is. if the sec loses this it could spell the disaster for their bush to regulate this base. >> dana: one of the issues you re i need you to explain to me. with you i know it will stick. >> bill: i can try but only get so far on this. >> dana: all right on the coin base thing i was like what? >> bill: a huge run-up in six months new look at the charts big time. before we go, here we go now, ready for this? we want an end on humor. you will not see the signs that say not a bee, don't drive buzzed. they say the signs can be

distracting. >> dana: i don't like this. why -- i don't like this. first of all, i love the signs and think they are funny. why is the government getting involved to take away a little fun in life? mayor pete, show up for this press conference and say guys, let's just fix the roads and let these highway funny people have their moment. >> bill: shake it off. don't get bad blood, shake it off. they use this in ohio a lot. every time we go for the holidays, christmas, easter. they play off the holidays. turkeys basteed, don't drive wasted. >> dana: let's hope the highway administration changes that. we'll see if we can reverse this decision. great to be back in new york. harris faulkner is next. here she is. >> harris: we begin with breaking news. the white house versus the state of texas. it i