>> kayleigh: hello, this is "outnumbered," i'm kayleigh mcenany, here with co-host emily compagno and harris faulkner. also joining us host of kennedy saves the world, kennedy and host of making money on fox business, charles payne. we begin with house republicans demanding answers from the biden administration over alarming surveillance of the more than people. according to a new letter obtained by fox news digital, federal investigators asked banks to comb through and flag transactions using phrases that range from maga and trump to dick's sporting goods, following january 6.

hillary vaughn live with the details. hillary. >> the federal government profiled who they thought would be a person of interest as part of the january 6 investigation, leading to a surveillance scheme, wanting banks to snoop on transactions. innocent people were caught up. bank of america gave a list of customers who made transactions between january 5-7. that data was deleted from the system. jim jordan wrote to the fbi director yesterday, when the list was brought to the attention of the fbi, he acted to poll the bank of america information from system because leads lacked allegations of federal criminal conduct. we followed applicable law and

interactions began when trump administration treasury department shared information regarding potential criminal activity that could disrupt the upcoming inauguration. it went beyond d.c. there were a list of red flags, anyone with account transaction mentioning trump or maga, someone that shops at cabela's or dick's sporting goods. customers who purchase religious books. >> request of government, you have banks searching private transactions frr keywords, it looks like without warrants or legal proecess, this is financil surveillance. >> january 6 triggered this,

there were no limits for the search for keywords. keyword searches were utilized in other investigations, not strictly tied to january 6. kayleigh. >> kayleigh: hillary, thank you very much. kennedy, i want to broaden this out. okay. this is a story not so much of administration, a sprawling federal government. this goes back a decade and a half. pull up headlines to illustrate back to obama administration. irs apologizes for scrutiny of certain groups and john durham concludes fbi never should have launched full trump russia probe. officials cast doubt on hunter biden laptop, the 51 intel officials and targeting of catholics went beyond what it claimed. doj talked with white house before issuing school protest

memo and pro-life leaders denounce doj prosecution of activists. before we get to warrantless. >> kennedy: they are looking for individuals to investigate, who have not committed crimes. they are using keyword searches in the messages, when you zelle someone money, you put an amount and what it is for. they are looking for the what it is for for people who might commit acts of domestic terrorism or mass shootings, but using very broad terms like dick's sporting goods and cabela's. people looking for camping gear or fishing pole are now under radar of the federal bureau of investigation which absolutely needs to be audited.

too much power has been concentrated there and we don't know how they are using it. it is a fourth amendment violation. if any searches led to arrests or prosecution. >> kayleigh: harris, this stood out, purchase of books, including religious text and subscription to other media. religious text. >> harris: that fits into targeting catholic church and those members who speak latin. that was some indicator they might be terrorists. i love what kennedy said and i don't hear it enough, why don't we do an ethics investigation into how they carry things out? why does one thing get a raid and the other doesn't and what separates them might be politics. a dad might be more conservative than somebody who didn't.

breaking news and then back out to the couch. this is happening and this is tough. one of the toughest days. attorney general merrick garland now holding a briefing after the doj released report on the mass shooting the school shooting in uvalde, texas. 19 children and two teachers died in the massacre in may of 2022 and the doj claims the bloodshed at robb elementary should have been stopped sooner. let's watch together. >> robb elementary school in 2022 and hours and days after was a failure that should not have happened. we hope to honor the victims and survivors by working together to try to prevent anything like this from happening again here or anywhere. i'm now going to turn to key observations and recommendations of the report. may 24, 2022, 11:33 a.m., active

shooter wearing body armor and equipped with high-powered ar-15 rifle entered robb elementary school and began shooting into classrooms 111 and 112, which share a door. 11 law enforcement officers from uvalde school district and uvalde police department arrived inside the school. hearing continued gunfire, five officers immediately advanced toward the classrooms. within seconds, shots fired from inside the classroom. shrapnel hit two officers and they retreated. a single officer made an attempt to approach a classroom, after 11:40 a.m., no other attempts until 12:48 p.m., more than an

hour later. as consequence of failed leadership, training and policy, injured and scared students and teachers remained trapped with a subject in the classrooms waiting to be rescued. survivors shared they heard officers gathered outside classrooms while they waited. the victims trapped in classroom 111 and 112 were waiting to be rescued 11:44 a.m., 10 minutes after officers arrived when the subject fired another shot inside the classrooms. they were still waiting at 11:56 a.m. when an officer on the scene told law enforcement his wife, a teacher, wassed in room 111 and 112 and had been shot. they were still waiting as broadcast went out on office

radio that student trapped inside 111 called 911. 12:10 p.m. to say the student was in a room full of victims. that student stayed on the phone with 911 for 16 minutes. the victims were still waiting to be rescued when the subject fired four more shots inside the classroom 12:21 p.m., 49 minutes after officers arrived on the scene and they were still waiting for another 27 minutes after that until finally officers entering the classroom and killed the subject. as the victims were trapped and waiting for help, many of their families were waiting outside the school growing increasingly concerned about why law enforcement had not taken action to rescue their loved ones.

law enforcement officers from different agencies self-deployed to the scene? overwhelming numbers were themselves waiting for leadership decision about how to proceed. many officers reported they did not know who, if anyone, was in charge. what they should do or the status of the incident. some officers were confused about why there was no attempt to confront the shooter and rescue the children. some officers believed the subject had been killed or law enforcement was in the room with the shooter. 75 be minutes after the first officers arrived, officers finally entered room 111 and subject engaged with gunfire and the officers responded with fire. 77 minutes after the first officers arrived on the scene

and after 45 rounds fired by the active shooter, the shooter was killed. the massacre at robb elementary shattered families throughout this community and devastated our country. 19 children and two teachers were killed. and untold numbers of students, teachers and law enforcement officers were injured. the louis response to the mass shooting at robb elementary was a failure. as a threat posed by mass shootings has grown and evolved over past several decades, law enforcement tactics have changed. massacre at columbine high school 25 years ago and 47 minutes it took for law enforcement to enter that high school, marked major shift in how law enforcement leaders

think about responding to mass shootings. it is now widely understood by law enforcement agencies across the country, an active shooter incident, time is not on the side of law enforcement. every second counts and the priority of law enforcement must be to immediately enter the room and stop the shooter with whatever weapons and tools officers have with them. that is the approach responding officers first employed when they arrived at robb elementary school. within minutes arriving inside the school, officials transitioned from treating the scene as active shooter situation to treating the shoot are as a barricaded subject, this was the most significant failure. that failure meant law

enforcement prioritized evacuation of students and teachers in other classrooms instead of immediately rescues victims trapped with the active shooter. it meant officials spent time trying to negotiate with the subject instead of entering the room and confronting him. officials waited for equipment instead of following active shooter practice and moving toward the shooter with resources they had. it meant waiting for a set of keys to open the classroom door, which report concludes was likely unlocked anyway. it meant the victims remained trapped with the shooter for more than an hour after the first officers arrived on scene. there are also other failures in leadership, command and

coordination. none of law enforcement leaders at the scene established command structure for timely direction, control and coordination among enormous number of responders who arrived on scene. this lack of command structure by communication difficulty contributed to confusion among responders about who was in charge and how they could help. these failures may also have been influenced by plolicy and training deficiency at law enforcement agencies. some lacked active shooter training at all, some had inappropriate training, some lacked critical incident response training and vast majesty had never trained with different agencies. as associated attorney gupta

will discuss, define the aftermath of the shooting. for example, surviving victims some with -- and other injuries were put on buses without being brought to attention of medics. some families were told family members had survived when they had not. and victims families and community members struggled to receive timely and accurate information about what had occurred at robb elementary. the justice department objective in preparing this report was three-fold, first to honor victims, survivors and loved ones. second to provide a clear and independent accounting of law enforcement response to the horrific attack that devastated this community and third to provide law enforcement agencies and communities across the

country with analysis and recommendation about how what happened at uvalde should inform efforts to prepare themselves for and respond to mass shootings. policing is a nobel profession. it is also a hard one. it requires training and constant education, about evolving threats. the report includes widely accepted recommendations adopted by law enforcement about how to prepare for and respond to active shooter situations. before an active shooter incident occurs law enforcement agencies have responsibility to ensure their leaders and all officers are trained to focus on ra rapid response, train first officers on the scene must eliminate threat and protect victims most in danger.

law enforcement responding must be prepared to take charge to establish unified command and facilitate communications, operational coordination and allocation and delivery of resources. they must continually assess and adjust as the incident evolves. in aftermath of mass shooting, law enforcement and government agencies must provide public with sense of trust and confidence by communicating openly, clearly and compassionately during a time in which many are learning the most devastating news that any human being. can receive. the victims and survivors of the mass shooting at robb elementary deserve better. first and foremost, the 19 children and their two teachers

who were stolen from their loved ones should be here today. they never should have been targeted by a mass shooter. we must never forget the shooter's heinous act that day and victims should never have been trapped with the shooter for more than an hour as they waited for rescue. the families deserve more than incomplete, inaccurate and conflicting information about status of their loved ones. this community deserved more than misinformation from officials during and after the attack. responding officers here in uvalde who also lost loved ones and still bear emotional scars of that day deserve the kind of leadership and training that would have prepared them to do the work that was required.

our children deserve better than to grow uppa in a country where an 18-year-old has easy access to a weapon that belongs on the battlefield, not in a classroom. and communities across the country and the law enforcement officers who protect them deserve better than to be forced to respond to one horrific mass shooting after another. that is a terrible reality that we face. it is reality every law enforcement agency in every community across the country must be prepared for. no community and no law enforcement agency should have to face that threat alone. that is why we came to uvalde and that is why we are releasing

this report. the justice department remains committed to working in partnership with communities across the country and with law enforcement working to protect communities everyday. in particular, we stand ready to help communities and agencies prepare to respond to a terrible incident like the one that occurred here. we have concluded the department review but we know the work of healing in uvalde is only beginning. we are humbled and grateful to stand with this community as you remember and honor your loved ones. i will now turn the podium over to soc attorney general gupta, she has been key to conduct independent, fair and comprehensive review of the horrific mass shooting of may 24, and its aftermath.

i'm grateful to the critical incident review team and the office under hugh clemones for tireless work. >> harris: attorney general of the united states now wrapping up his report about what happened at uvalde. robb elementary, in texas. just a couple things on "outnumbered" we would add. can we see them? the 19 children and the two teachers who perished. this is about them. the shooter is dead, accountability he laid out for law enforcement and how they did not work together and what i would call in some cases a crisis of courage. the families who will be hurt forever are the people who loved the faces you see on our big wall. the classmates and other teachers who loved them, the

wider community who aches everyday because they are gone. as a nation, we join in and pray for those who survived that day. god bless uvalde, texas. god bless, robb elementary and the 21 total who perished that day at the hands of evil. ♪(song in french)♪ (♪) ♪ ♪ to find your perfect somewhere.

community /*

>> kaylee: our lead story, according to new letter from house judiciary committee federal investigators asked banks to comb through transactions using keywords like maga and trump and dick's and cabela's. search terms scower transactions and mention zelle payment

messages for the words trump and maga. imagine the federal government searching zelle for these words and there were codes to detect transactions who reflect extremist tendencies and the words were cabela's and dick's. >> emily: kennedy, you did a fantastic job >> this is hard to appreciate in a five-minute conversation. government outlined typology of average americans including basic points, where you shop and how you shop and a couple words you use and search terms had zero nexus to criminal behavior, zero alleged criminal behavior and think about how police can't execute a warrant or judge sign a warrant without particularity and specificity of limited

partnering, the thing to be seized, reason you need it and has to be tied back to criminal law was talk about this all the time, verdicts are thrown out and witnesses can't testify. they operated on typology. average pern using zelle payment and cabela's, reason to retain information. there are three huge problems with this. the fbi is amassing massive amount of evidence of average hard-working americans with zero allegations of criminal behavior. they are then mining that to their will without any safeguard of protecting that information, your private banking records, search history, whole life lay bare to do with as they will and third bucket, they worked hand

in hand with private sector and federal regulation to do this. before you make your next purchase or talk to your partner about getting a new sweatshirt at cabela's, think about who is watching you, mining your data and recording it all, that is biden's america. >> kayleigh: charles, purchase of books, including religious text. you have right to freedom of expression, it is a protected class. they targeted the pro-life and catholics. this is a widespread problem. >> charles: it has been hit on, this is not about prosecuting anyone now, it is about assembling the list. in china they have social credit scores and if you ever talked

bad about the government, your kid can't get into a good college. they are accumulating data under certain asumpion. think hank williams jr., country boy can't survive. learn to survive next level of scrutiny. juxtapose this with the houthi, who were put back on designate terror watch list. they were not, they were put on special designated global list, and that is different. if you wanted to banquet a houthi, you could. if a houthi wanted to enter america, they could. >> harris: with a visa. >> charles: this administration is more okay with houthi coming into america than someone who wanted to vote for donald trump. think about that. >> kennedy: hillary clinton said people who shop at cabela's or go to bass pro shop or buy stuff

at dick's, they need to be reprogrammed. when you talk about a list, president hillary wants to access that list -- >> charles: i'm worried one day they will use the list. >> kayleigh: christopher wray withdrew the memo and merrick garland issued one about parents at school board meetings. there is so much and it gets confused and comes back to weaponization of your government. pushing a hospital to a critical stage after providing 100 million of unpaid care and forcing the hospital to turn down patients.

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>> emily: in a dramatic break with the white house more than a

dozen house democrats backed resolution to denounce a floor vote yesterday. they are urging biden and democrats to stop denying the crisis. >> i think democrats need to own the fact immigration is at a crisis level in this country. it is an economic crisis, a humanitarian crisis. it is a national security emergency and we need to address it as such. >> emily: she's right, the border is crisis and american taxpayers are footing the bill. giving free healthcare, free housing, migrant for housing is over 5 million and the list goes on. one hospital in denver on the virge of collapse, turning away patientses after illegal immigrants received $130 million in care they didn't pay for.

democrats are trying to pin the blame on republicans. listen. >> to my colleagues on other side of the aisle, be honest with immigrants who deserve better than you are offering them. also pass this bill, i've taken liberty of drafting it, removing statue of liberty, largest symbol that tells people to come here. removing fabric of america. which republican who supports and voted for hr 2 will introduce this bill. if you support hr 2, least you can do is not be a damn liar. >> emily: save it, maxwell, jasmine crocket claimed it was about communities of color.

$120 million not accounted for patientses they had to turn away because of the crisis at southern border. >> charles: i'm surprised democrats are still using statue of liberty. give us your poor and those yearning to be free with no economic infrastructure. if new york city can't take the financial pain, how can some small town in arizona take it. hypocrisy of this guy is mind boggling. stop it. you have had enough democratic mayors who have said we can't do it and who is getting hurt? black and hispanic in the towns whose kids are kept out of school so illegal immigrants can stay there. they can't get medical care. they voted you into office, this guy need to shut up and democrats don't bring up statue

of liberty again, don't bring it up. >> emily: and it is about skin color. migrants are being bussed to sanctuary cities that they extended and prioritizing everyone else but those who reside there and pay taxes. >> kennedy: this is what majority of people in california and new york voted for, sanctuary city policies. it is sanctuary city saying we're overrun, we can't afford this, this is too many people. that is like going to a hospital and chief of surgery going, there are too many sick people, there are too many sick people. maybe the giant cross on the front of the building that says emergency room. that is where you take people. what about veterans who did not get deferments and are living on the streets, what about their

care and concern? >> emily: what about democrats that broke and took this stand? >> kayleigh: it is surprising, it has gotten that bad. catherine clark was on another network and said bidens had been working on solution for the border since day one of his presidency. rnc found 94 executive action rolling back the immigration policy in first 90 days. why is it happening? go look at headline of politicos, border deal progressive, pramila jayapal said we will hurt a progressive base that needs to see a different in donald trump and joe biden. people say why is joe biden doing this? he is terrified losing that flank of his party and the rest of the country loses in new

york, chicago. >> harris: new favorite talking point, we heard from kamala harris yesterday on a talk show saying what we're going to do is a plan. the reason we can't implement it, it is an election year. it is always an election year, wake up. it is constantly for this president, his numbers have been in the tank for a year. he's had to run to catch up where he was with 9.5% inflation. this idea of the black community black and hispanic communities. look at chicago, what will happen when they host dnc convention, obama's backyard, they feel they are being replaced by the illil immigrants. >> charles: they are. guess what, you have been bamboozeled, another opportunity to wake up.

50 years of sub-pareducation to our kids did not wake you up, maybe this is the final wake-up call. you don't have to vote for democrats or progressive or republican, please wake up and vote for someone that gives a damn about you. please. >> emily: play a clip, charlamagne the god had this to say about the migrant crisis. >> i have never spoken to as many people who are concerned about the migrant issue as i have over the past year. people calling the radio station this week really complaining about that. i have never seen working class people who i interact with until this past year really express frustration for the migrants and not just people, politicians want champions having migrants in the city like mayor eric adams in new york. holdup, this is too much.

>> charles: it is easy to point fingers and call other people bigots, when you have to live under the same policy, you see how difficult it is. it is hard to have illegal immigrants come into your town. it is expensive and citizens pay the price for it. >> harris: back to what kennedy said about voting, it is in voter hands. in chicago, they did not have to pick somebody more to the left than lightfoot, they did. brandon johnson. >> let's go, brandon. >> harris: different brandon, same thing. >> emily: understanding inflation after he was surprised by a $6 smoothie. that is next. people tell me they'd love to buy gold. but because it's gold - they think it must be complicated. it isn't. not with rosland capital.

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>> harris: high costs shocking president biden, he appeared surprised to learn what a smoothie cost. >> president biden: we'll get a chance to talk after the fire station. rather than -- by the way, anybody want coffee, it's on me. take a smoothie?

well, they are $6, i will do it anyway. >> harris: white house claims the president was just joking around. seem to be surprised that the smoothie was $6, i'm curious is the president realizing costs americans are baring? >> when he went over to you all to the press corps, he was having a good time. he still seemed surprised at the cost. >> he was joking around, certainly joking with press corps. >> harris: many americans are living paycheck to paycheck, it is not funny. president biden is trying to sell bidenomics. >> president biden: the plan is working. bidenomics is restoring the american dream, that is what it is. financial times and "wall street journal," i don't think they meant it as a comp limp,

bidenomics. guess what, it is working. [applause] >> president biden: it is about growing the economy from middle out and bottom up, not top down. bidenomics is working. middle class does well, we all do well, that is what we call bidenomics. >> harris: he starts to whisper, it is usually not true. >> charles: good tell, yeah. here is truth, president biden. nothing president biden does is about the economy. nothing. >> harris: no? >> charles: it is about power. he's a politician, he has to wrap it into senear economics. two americas, one where elites get everything. we will pay for your college education. we will pay for your child care, but the person taking a job at walmart does not know how to get there. college graduates wanting evs?

they hollow out middle class and give money to ultimate rich. the 1.9 trillion, covid package we did not need for covid or economy, all that money end up with top 1%, political donors. that is the scam. >> harris: that hurts. kayleigh. >> kayleigh: word of advice to karine jean-pierre, when asked about a bad, sour economy, come the american people disapprove of and asked about your boss's demeanor when talking about it, i would not use word joking and having a good time. republican administration had someone reacted, the chyron would read, president of the united states joking on the back of americans suffering under the economy. piece of advice there. bottom line, "washington post"

had hotep jesus about people's wages and talk about a man in las vegas, had a dream home he wanted to buy. his wages went up, he got a stimulus check, he can't afford the check. i fell in love and we started doing the math. doing better than ever and can't afford the house. >> charles: you are deeper in the hole. >> harris: end of 2023, kennedy, majority of americans were feeling like they had to have an extra $11,000 in the bank to make them feel like they did the year before. >> kennedy: this adds up to attacks, wiggle out of it and people can't renegotiate their rent and they love to take food and energy out of rising inflation rates but that hurts people most. when you can't afford rent and

food and gas in the same month, there is direct correlation with the president's poll numbers. that is bottom line. >> emily: yeah, i think what is remarkable to me, not the fact he is out of it, fact he found a $6 smoothie. i was at the grocery store in a big box store grocery section and strawberries were $7.95. i did not buy them. i have changed my shopping, i know every american has. it is painfully obvious when you are out in the real world how prices have skyrocketed. i don't know what smoothie he is drinking, all ingredients have skyrocketed because of price of production under his watch. it is -- i don't know how much more i can take. >> harris: charles, i will brag

about you for a second. charles has a special edition of "making money, being abouting unbreakable" today on fox business 2 p.m. eastern. before you go -- >> charles: it is going to be the most amazing town hall you have ever seen. i will explain why the stock market goes up over time, the fix is in. here is the problem. top 10% own 92% of all stocks, i'm imploring people to get involved in stock market, no one else will do it for you, i will show you secrets in an hour. >> harris: if we have a 401(k), we will come away knowing what else we can do. >> charles: that is not enough, do more. >> harris: thank you 2 p.m. eastern, fox business. more "outnumbered" in a moment. we know you care.

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♪♪ >> emily: last but not least, yogurt company siggy's dairy will give you a prize of $10,000 if you can go one month without your phone. contestants have to put their smartphones in a lock box and given a flip phone to use for the month. the question is, would you do it? kennedy. >> kennedy: can i take butt selfies with a flip phone? [laughter] >> emily: i don't know the answer to that. >> harris: yes, but those will be worth more than ten grand. [laughter] >> touche, madam. >> i could never ever do it. i need to do it but could not do it. my dad had a flip phone up until like 2021, he could do this like every day of his life. >> harris: absolutely i could

do. i would love to do it. >> charles: seriously. >> harris: and give the $10,000 to a military charity of my choice. i would totally do it. >> charles: you know what, now, a few years ago i could have. i used to have a flip phone, i was the last person to get an smartphone, i was in the elevator and everyone is checking emails, and maybe i should get one of these things. >> emily: i would have -- i have to use email to, would, so no texts and no calls, great. i'm happy as a clam. but the email thing, that would be the caveat. >> don't you have a tablet? >> emily: you can't use the smart technology. >> harris: you can't cheat. >> emily: the best hour of my life, guys. thank you for joining us today and now here is "america reports". >> john: emily, thank you. go directly to uvalde, texas, in the wake of th