neil: this could be the making of a constitutional crisis here,

what do you make of it? >> well it already is because the president is not enforcing the law as he's required to do by the constitution, so, texas, greg abbott, dan patrick, they having to step in. i can not understand, and i don't know anyone who can understand a good reason why the biden administration is simply abandoning these borders. it is hard to believe that the president of the united states is allowing all of these people from all over the world to just come in and a lot of them are getting away. those people aren't going to show back up for a hearing. we don't have a border, and it is, i think the repercussions of this are going to be very serious. neil: all right that was south carolina governor mcmaster on with me earlier essentially saying that we don't have a deal , we don't have any sort of order at the border and now the back and forth and the legal back and forth with lawsuits filed left and right isn't going to make that easier even when it

comes to removing right at the borders edge on the rio grande. who removes it, what do they do if that does happen and what if texas governor says he can't do what you're doing, and the feds say well this is what we are doing. you can easily see how this gets out of hand. matt finn following it all in seeing l pass, texas, matt? reporter: neil, the newest number is released by the biden administration in a friday night news dump show that there were 302000 migrant encounters here at the southern border last month, alone. that's the highest monthly number ever recorded. there were also 19 people arrested on the fbi terror watch list last month, and this morning, we have new details about the proposed bipartisan senate border deal which president biden says he's willing to sign. the bill does not close the border to illegal immigration. rather it would close the border only after a substantial number of migrants crossed in a single day. here is the details obtained by fox news. there be a mandatory detention

of all single adults. a mandatory shut down of the border only once. the average daily migrant encounters hit 5,000, that shut down would not be lifted until the daily encounters went back to 3,750 per day and also this morning in shelby park there is the ongoing show down between texas and the biden administration that you mentioned, neil. texas has heavily fortified this hotspot for illegal immigration and is not allowing biden's border agents back in. i spoke one on one here with the lt. governor of texas. >> we're doing our jobs that america wants us to do and what texans want us to do and i believe even blue state governor s want us to do. they may not say it. so we're doing the jobs so just leave us alone. let us do our job and again, if they want to cut the wire, we're going to replace it right away. we'll be here. if they cut down miles of it during the day we'll put miles of it at night. we have more wire than they have wire cutters.

>> and neil, just to give you the daily update on the showdown in shelby park, texas has not removed any raised wire. in fact not far behind me i watched text texas national guard as they prepare to install additional razor wire. texas has not relinquished control of his park so it did not comply with the biden administration's request to reopen this park to federal border agents so there is an ongoing showdown here now in shelby park, neil. neil: real quickly on that, matt , governor mcmaster was saying all the supreme court said was, you know, cut the wire it didn't say anything about if the state puts the wire right back. >> right, and the lt. governor of texas, the acting governor of texas right now told us hey, if you want to come in and cut it go head because we can just keep installing more. neil: thank you, my friend, matt finn on all of that and then there's the back and forth in washington on that and it's a long way from resolved. chad pergram on that.

chad? reporter: neil, bipartisan senate negotiators hope to release bill tech soon but they said that three weeks ago. house speaker mike johnson says he's only hearing "rumors" about the senate plan. johnson says the bill is dead on arrival. senate conservatives are suspect of the secretive negotiations. >> the only purpose of taking this up is giving democrats political cover to say gosh, we would have secured the border, but those house republicans didn't let us. it's a good talking point. complete bologna. reporter: some conservatives oppose a border deal because it could undercut house republicans and former president trump but other republicans prefer a solution. >> let's get something consequential done for the american people. >> rather than paying to the short-term considerations. reporter: the right-bashed senate majority leader mitch mcconnell for not endorsing ford er president trump. there's a feud between the two.

>> that fine line is a constant balance with someone as fickle as former president trump whereas if he doesn't get it when he wants it he's looking for someone else to provide it. reporter: if mcconnell gets a republicans on board and the senate breaks affinal, it's unclear if that changes things in the house. neil: tom emmer with us the house majority whip so if anyone is going to move the ball or at least get a sense of where the ball is it be he. congressman, great to have you. >> good to be with you, neil. neil: is there a deal first off? >> it's a great question. you heard chad pergram say that three weeks now, we've been hear ing, there's going to be some kind of agreement. we still have not seen legislative text. neil: but you heard some of the rumored elements, like the president as soon as he signs off on it he's going to shut the border down and limit it to 5,000 a day. you've heard that. what do you think of that? >> the proof will be in the text. i've heard it, but you've got an

administration now that since they took office more than three years ago they have completely opened the southern border through some 64 executive actions. they effectively undid all of the work that had been done by the previous administration to seal the border. you've got a record number. 300,000, over 300,000 came across the border in december, neil. think about this for a second. they waited almost a month to release that number and they dumped it on a friday night at the same time they're putting out what i would suggest is a very disingenuinous statement from the white house about things that nobody has actually had the opportunity to study and verify. neil: a lot has been said that donald trump doesn't want a border deal because it's a great election issue and he's more or less sent the word out to you and your colleagues don't give an inch on this. is that true? >> no. i would say that that is a narrative that's being created by people who want to give cover

to the administration. the former president, president trump. what he's saying is the same thing that mike johnson and house republicans are saying. let's make sure that what we do secures the southern border. i mean, you could do things like restore the remain in mexico policy that the trump administration had in place. neil? that would staunch 70% of the flow across our southern border overnight, and this is a much bigger -- neil: and you could just deport more people. we deport a fraction of the people we're running at one- fifth the level we used to. >> kind of hard to do that when this administration doesn't even know where they are because of catch and release which should also be removed. they don't know, they've released 40% of those that have come across the border. you're talking about 8.3 million since these guys took over. the biden administration, plus another 1.7 known gotaways. those are the ones we know about neil: yeah, but i get everything

you're saying, sir, but would some deal be better than no deal the "wall street journal" looked into this and said giving up on a border security bill could be a self-inflicted gop wound. president biden would claim republicans want border chaos as election issue rather than solving the problems. voter anger may over time move mr. biden to the gop and the public will have a point, sinicism rules. what do you think? >> the only reason that president biden is even interested in discussing this issue, neil, is because it has now become a political liability for the white house. neil: and he's nervous. why not take his bait and say all right, we're going to hold you to this. >> that is essentially watt the house republicans have done. show us the text. let's make sure that what we do on the southern border is a substantial fix, not just words. neil: so substantive to you would not be allowing, in other words, getting a shutdown going only when it hits 5,000 because it's still a lot of people who get in. >> jeh johnson, who ran the

department of homeland security under obama once said a thousand coming across our southern border is a crisis, neil. how can you suddenly acknowledge and why would any member of congress, republican or democrat suggest now that it's okay to have 5,000 or less coming across your southern border? neil: so as it stands now with even the rumored numbers you've heard, congressman, and i guess you are on the same page as speaker johnson, this is unacceptable as it stands. >> well i have a different job than the speaker and what i would tell you is if you're giving the president additional parole authority to admit up to 50,000 more people a year, if you're doing the 5,000-plus one on the border over a certain period of time and giving them discretion, if you aren't ending catch and release, if you aren't restoring remain in mexico, i'm going to have a very difficult time getting the votes that are necessary, even if it comes to the floor. neil: but isn't this , congressman, something that even donald trump wanted? some of the other issues that might be addressed. we don't know.

this asylum issue for one thing. he said back in 2018 the biggest loophole drawing illegal aliens to our border is the use of fraudulent asylum claims. he said it's really up to congress to overcome open borders obstruction. this might, and to your point, might, be a start in that direction. go ahead, take the president's bait. this be a victory for donald trump coming in if he does get elected president, and he could say that they did what i told them they should have done years ago. >> remember, neil. we haven't talked about it yet this morning, but house republicans last may passed the strongest border security bill that has been passed in 20 years, which included fixes to the asylum program. neil: but with the democratic vote, it'll never get to the senate right? >> well, again, now you see the problem. if you are serious about securing the border, then you have to look at the bill that the republicans passed out of the house. i would argue that you don't have to have everything in it,

because you don't have control of all of government. we are one-half of one-third of the system, but you do have to have substantive things that people can look at and say, that is actually solving the problem. neil: do you think donald trump and his solution, you've said he he's not been pressuring lawmakers to pass on this , but that this is donald trump's agenda here. >> i think the same agenda that we all have. donald trump secured the border when he was in the white house, neil. this administration has undone all of the great work. neil: and with executive order so your point was i think you were telling me during the break president biden could undo that with executive orders of his own to undo the executive orders he signed? >> because that's what opened up the border and i think when you talk about president trump, he's talking about what all of the rest of us are. you aren't a country unless you have a border and a border you enforce. we immediate to restore not only

what president trump did, but then we need to pass legislation so we eliminate all of this flexibility that allows someone to go into office and undo all of the protections that have been created. neil: real quickly, sir, while i have you. the president said he wasn't fond of the rnc efforts that coordinate him the party nominee or the presumptive nominee recognizing i guess were two contests into this , iowa, new hampshire, a lead he has going in south south carolina: do you believe that if nikki haley is blown out she should bow out? >> donald trump is going to be our nominee. that is what i know, so it's up to nikki and everybody else how they want to -- neil: some of your colleagues say she does. >> absolutely not, it's a great discussion but that's up to nikki. she has to make that evaluation herself. donald trump will be the candidate and by the way i really appreciate what he said yesterday or the day before, when he said no. don't be doing this , you know, the presumptive nominee. neil: what about his going after

those who give her money? if they're on a blacklist. >> all i can do is focus on the next election. we're going to keep focused on the border, keep the government running and take care of our allies around the world. neil: very good seeing you, congressman, in the flesh i didn't know i'd see you in the flesh. all right, he has a full lower torso as well. i've seen it for myself. we'll have a lot more, aftertera this. ners, it's easy as 1-2-3. one: call newday and apply. two: take out an average of $70,000. three: pay off your credit cards ♪ ♪ mom! mom! every day can be extraordinary with rich, creamy, delicious fage total yogurt.

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neil: all right, well, i hate to rain on your weekend parade but it's raining in a lot of places and particularly down south, it's making just getting around very difficult. don't say rick reichmuth didn't warn you though. joining us right now is our chief meteorologist on what the nations in-store for. rick: it's a weekend so it better rain. neil: that's the rule of thumb. rick: it's also really warm. we have 263 million people above average temperatures right now today. a lot of these coasts, a lot of the north, a little cooler across parts of the central

souther plains but this is such a transformation to where we were a week ago where we were in the deep freeze for everybody. that deep freeze froze a lot of the rivers and a lot of those rivers are melting pretty quickly and we've got temperatures. look at chicago today 39 tomorrow 38 but look at billings into the upper 50s in montana but go back to illinois with the kankakee river there that's rapidly melting, but its caused some ice jams, that's caused massive flooding across a lot of cities along the kankakee river, just to the south of chicago area. this is the mount of snow that melted just in the last 24 hours and we're going to see a lot more of this melting across parts of the northern plains. we also have rain here across areas of the south. a big storm that's bringing really significant rain. some spots up to 10 inches of rain this week in the south. now, we've got a threat for severe weather throughout the day today along with this storm but maybe some flooding conditions from the snow that's across areas of the appalachians now we get the rain on top causing some flooding concerns for us as well

throughout monday, from now through monday, a lot of spots here, one to two inches of rain but neil, we do have some snow across the northeast. this is going to be a storm moving through, throughout the day today by the time we get towards the evening commute we've got rain in d.c., rain in philadelphia, new york city looks like rain overnight. some of it heavy. you go across the interior sections and get a little elevation maybe above the thousand feet or so and that's what we're talking about some accumulating snow maybe four to eight inches but the cities at least from boston you'll get snow but south of that, providence, new york, philly, d.c., it is a rainy saturday night into sunday and throughout a lot of the day sunday. behind this we get cooler air moving in temporarily. no real cold air blasts coming in for us, so not feeling like winter. certainly not feeling like january 27, neil, almost anywhere in the country. neil: yeah, not at all my friend , thank you, rick, for that, rick reichmuth following the nations nasty weather. it's not letting up now. it gets colder next week. please i can't keep up. all right, in the meantime,

keeping up with what is really the nation's first in the nation contest. for democrats it's actually the one coming up in south carolina. that's where president biden will be heading later today. he's written off states like iowa and new hampshire. that's left some wounds there we've gotten into already. the push for south carolina on the democratic side, after this. my psoriasis was all over. then psoriatic arthritis. who knew they could be connected? for me, cosentyx works on both. cosentyx helps real people find clear skin. and in psoriatic arthritis, can mean less joint pain, and help stop further joint damage. serious allergic reactions, severe skin reactions that look like eczema, and increased risk of infections some fatal have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. ♪see me♪

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neil: you know, a lot of republicans are focused on south carolina. the big primary there that could be the end of the line for nikki haley, but that isn't until another three weeks from now. actually, a week from now. the democrats had their south carolina contest. this provides me an opportunity to try to put lucas tomlinson on the spot. i can never get him, but he's at the white house right now.

i'm going to be asking him questions that have nothing to do with this particular story, to stump him up but in all seriousness, lucas, we forget the president is going there. he had sort of pushed iowa and new hampshire to the side and a lot of those democrats were not too pleased with that but south carolina is his focus isn't it? reporter: that's right, neil. of course, south carolina is where his force in change back in 2020 and that's where he's really kickstarting his 2024 election campaign. now, no republican presidential candidate has ever received more than 13% of the votes from black americans since the civil rights area but according to recent polls that could be changing. here is south carolina senator tim scott. >> i expect the left to lose their mind, because donald trump did more for minorities than joe biden will ever do. think about the fact that donald trump put more money into black colleges and universities than any other president. reporter: a recent new york times poll found that 22% of black voters in six battleground

states plan to vote for donald trump in 2024 and according to a recent usa today poll biden has the support of just 63% of black voters. a sharp decline from the 87% he carried when he won in 2020. biden has also seen a sharp decline among latino voters, neil, with 34% supporting him now, compared to the 65% that support him in 2020, and biden won many swing states in 2020 of course with narrow margins. the minority vote is critical. now, at some point the influx of migrants into so-called sanctuary cities like chicago, many residents are outraged that money to shelter the migrants is hurt already cash-strapped city budgets. the mayor of chicago sounded the alarm saying the issue is a serious problem nationwide. >> and without real significant investment from our federal government, it won't just be the city of chicago that won't be able to maintain this mission it's the entire country that is now at stake. reporter: as you mentioned, neil

, president biden is heading to south carolina where, of course, it is a critical south carolina primary where he's going to kickstart his campaign because he was not in the ballot in iowa or new hampshire. where it all started in 2020. neil: it's interesting because jim clyburn was such a crucial figure that lifted joe biden off the matt and was instrumental in getting him through the hump, gelling the south carolina win and the way he went. he's the president now, not clyburn, obviously, joe biden but what kind of role is clyburn playing here because when we heard from him, you know, he's admitted and said some of the obvious things that democrat s are fretting about so even he has his concerns. reporter: there's no question, neil. that's why president biden and the dnc is going to south carolina first. why they didn't put him on the balloted in iowa and new hampshire but biden needs this critical minority vote to win. those swing states can were so critical back in 2020 and even georgia another swing state biden is hurting in the polls and he needs to turn this thing

around. neil: now you're just throwing off georgia and stuff like that. i'll get you, young man. thank you, lucas as always, lucas tomlinson at the white house. there's no jousting. all right, he was mentioning how the dynamics have changed for the president. he's losing a lot more black voters. a lot more latino voters carlie couperman, lee carter gop pollster. carter, does that aspect worry you that reliable basis for the democratic party, for this president, at least, aren't so reliable right now. >> yeah, absolutely. president biden has to regain support with black voters, with minority voters, with young voters. these voters are absolutely crucial to the coalition that he had built in 2020 and he's going to need their support again in 2024 if he's successful. that being said, we also see that donald trump is having a problem with other voters that are going to be really important

to this election, from both new hampshire results as well as recent polling. independent voters, moderate voters, suburban voters. these voters show a reluctance to support trump. i think as he is solidifying his place as the republican nominee his second term priorities of retribution are going to really turn these voters off and even though they don't like biden, i think they are going to come around to support him at the end of the day and so biden 's coalition is going to come together slowly, i think, as this campaign goes underway. neil: well that might still happen, but lee carter, i had noticed more than a few polls popping up recently that show president trump leading joe biden by more than just the margin of error, two points or so. i think there was one that was a five point gap. battleground states at least six of the seven battleground states i think say pennsylvania. the president also had a lead there, the former president. that would give him an electoral vote majority which is what it's all about. what do you make of that, how

relevant that is, how accurate that is? >> i think it's very relevant because if you think back to polling in 2020 and 2016, president trump never led in the polls. he was always trailing and the reason that we're able to predict that he was going to do better was because he over-be formed in so many states talking about the silent voter and you're looking at this right now and these key constituents so important to joe biden, the black voter, the hispanic voters, and certainly, the young voters. that's what really propelled him to victory and if he loses those votes i think it's going to be a big problem for him and donald trump is right now leading in some of these really key states. we're going to see the impact of the legal action that's happening and if that's going to matter or not, and there's certainly, you know, we saw it coming out of new hampshire. 35% of republican voters say they will never vote for donald trump no matter what, but does that mean they're going to vote for joe biden or does it mean there's an opportunity for a third party candidate? is there going to be somebody

coming out of no labels? are they going to go to rfk jr.? i think it's going to be really interesting to see how this plays out but it's very bad news for joe biden. neil: good news for joe biden, this week, ladies was the endorsement it wasn't a shocker from the united auto workers saying that they have their full support and that's powerful support when it comes to getting the vote out and all of that and the same week i had a conversation with the teamster s president whose withholding his decision until he's had a chance to think about it. i think he's obviously knows is met with president biden. he has also met with donald trump. i believe at least twice. anyway i talked to both men this past week and they kind of assess where things are and why they are in the mind that they're in. take a look. >> president biden stood there with us on the picket line , unlike president trump back in 2019 when was on strike for 40 days. it's very clear to us who stands with working class people in this country. >> we met with donald trump two weeks ago. we extended the invitation to

president biden. we're talking to the white house now, to try and schedule both on the same day and we think it's important that we're meeting with all candidates. neil: what do you make of that? the unit vote is important but in many elections regardless of what is done or recommended the rank-and-file has increasingly shown a willingness , more often than not , to go for the republican whether it was ronald regan in the 1980s or even donald trump and i'm just wondering what an endorsement means if the rank-and-file don't follow. >> no matter what i think this endorsement is important. biden has championed for a long time, for his entire career, as being somebody who understands and connects with working people, with union workers, and his steadfast support and understanding of these voters is incredibly important, especially as we have seen trump able to connect with blue collar workers. the other point i want to make is that we've seen this week even stronger news about the

economy, and not only have we continue continued to see unemployment stay low and job growth has continued but we're seeing that inflation is cooling and i think this is going to have a huge impact for joe biden down the road. there was a pugh poll that came out yesterday that shows a 9% increase in voters that say the economy is now they rate it as excellent or good. this is something that biden has been hoping to see voters feel and i think that with time we're going to see support for biden follow as the economy continues to really make an impact on people in a positive way. neil: you know, lee, she's right about the numbers lately. inflation, the lowest its been now in about three years. pending home sales surging 8% so a lot of parts and pieces to this that are surging, that say nothing about the markets so i'm wondering whether rep cans are getting ahead of themselves thinking they can hammer this president on an economy that might be perceived to be better than thought by election time. >> i think it's a really fair

question because certainly we're seeing a lot of economic indicators who are saying the economy is getting bet and carlie is right. there is polling saying people are seeing economy in a better light and we're also seeing poll that says immigration is actually the number one issue to american voters over the economy all that said, when you talk to american voters about the economy, it's not jobs that they're concerned about and it's not, it's inflation, and really, many many voters aren't able to save money right now and they're still not feeling great so the question is, are they going to feel it in time for the election and i'm not so sure some of the middle class voters are going to feel it. neil: we'll watch it closely. thank you, ladies. speaking of inflation, the one group that could destroy it for us, what if i told you it was the rebels? after this .

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oh yeah. yes. isn't this great? yeeaahhhh!! ♪ yeah, i could do a cartwheel in here. oh hey! would you like to join us? no. we would love to join you. ♪ neil: all right we're getting word that the united nations has fired at least 12 employees who were suspected of actually being involved. in other words, turning guns on israelis in the hamas attack back on israel on october 7. alex hogan has more from tel aviv. reporter: hi, neil. italy and finland are among the latest countries to suspend funding to the organization that provides the most amount of aid to palestinians in gaza. all of this comes after israeli intelligence yesterday shared with the organization suggest that about a dozen of its

members were involved in the october 7 attacks. u.s. secretary of state blinken met with the u.n. secretary general calling for this independent investigation of the u.n. agrees that that is needed but also added that several thins need to happen at the same time. >> they have asked to do this investigation and the commissioner general i think has taken very swift and strong measures right away. at the same time, our humanitarian work needs to continue, largely depend on it. reporter: the israeli military today is fighting carrying out coordinated attacks between ground forces and air forces. now despite nearly four months of fighting the idf says it's continuing to find weapons stashed around this part of the strip, and as the war has displaced almost 2 million civilians, there's new reports that israeli forces opened fire on a group of people waiting for humanitarian aid this week, killing at least 20 and wounding

dozens. that's according to the gaza health ministry. the israeli forces responding to that saying that they are looking into this situation. meanwhile, new tension in the gulf of aiden, where an oil tanker went up in flames after the latest round of attacks and this was a missile launched at the oil tank tanker and this is the latest, neil, in a series of attacks we have seen from this iranian-backed group. neil: alex hogan in tel aviv, reaction from general jack keane , fox news senior strategic analyst, much, much more. general, those are pretty dam ming accusations that some of these u.n. personnel actually joined hamas in these attacks on october 7. what do you make of this? >> well it's a stunning revelation. i mean, it's well-known that this u.n. organization has always had an anti-israel bias to it for a number of years and the united states multiple administrations have objected to

them for that reason, but this is incredible, that they would participate in a murderous attack that hamas did on october 7 and certainly accounting has to be taken place here. an independent investigation they have agreed to is the right step, certainly but this whole organization, i think, needs to be holistically looked at in terms of what does it really stand for. neil: and then the role of iran now has this war has expanded. i had a chance to talk to the pentagon spokesman general rider on the very subject going after houthi rebels on the clear links to iran. they are making progress going after the rebels. i want you to react to this , general. what do you say about this ability to attack u.s. shipping in the red sea now how much has that been degraded? >> yeah, so as you highlight, since january 11, we assess that

we have successfully destroyed or degraded over 20 missiles and 25 missile launch and deployment facilities as well as a variety of other capabilities to include coastal radars, unman ned aerial vehicles, aerial surveillance and weapon storage areas. neil: all right they might have been degraded somewhat but they're not degraded completely, general. they still fire off drones and other such mechanisms, so they're not completely silenced. what do you make of things? >> yeah, i mean, public sources indicate probably about 30% have been destroyed so there's significant capability left. i believe the administration was slow to move to this but they finally are moving in the right direction. i mean, what's needed here is a sustained campaign, literally focused on taking this capability away from them and it's finite what they have and they can just stay out until it's completely gone, or somewhat ineffective. you know, when you take the radar systems down, their

command and control systems, it's hard to operate anything else, so you don't have to destroy every rocket, every missile, but you have to render their capability ineffective and that is what they're focused on. the second thing and this is equally as important is you've got to stop the shipment of rockets and missiles, spare parts and other things from iran to yemen and we have to aggressively step and do that. we were not doing that initially and i believe we are doing that now, because that is absolutely critical as well, neil. neil: you know, i've wondered general. i was wanting to talk to you about this , all of these revelations that came out via leaked audio from benjamin netanyahu. very critical for example, of qatar having any role in a mediated future gaza world. he cited the fact which everyone knows that a lot of the hamas higher-ups have very luxurious lifestyles in qatar. between that and a lot of pressure coming from the white house and how to conduct this

war, he seems to have snap ped. he's had it. i'm just wondering what you make of it all? >> yeah, well certainly, there's significant pressure on prime minister netanyahu certainly coming from our own white house and that's largely about the conduct of the war. the palestinian casualties. i do think that the idf has changed some of their tactics. the airborne campaigns have been dramatically reduced but the israelis do plot want to change their ground campaigns and i wish the administration would stay out of the tactics of how to conduct these operations. i mean, first of all, i don't think they have the experience. secondly, i think this is really the prime minister and idf's objective to try to destroy hamas. that certainly is an aspiration. it's going to be tough to achieve, but they know full well i mean, the raise israelis want

a complete military victory. what does hamas want? they just want to survive with their leaders and some of their fighters. they know they can't win militarily but if they survive with leaders and fighters, they win in their minds. they have achieved a strategic victory. they already have international condemnation of israel in a way we have never seen in the past and those are the things that are certainly driving hamas here so israel understands this and that's why they want to stamp them out, dismantle them as much as they can and certainly destroy the fact that they would have a remaining political entity. neil: yeah, dealing with this war that they're losing right now, and whether it's fair or not it is what it is so general, thank you very much for your incredible service to this country. general jack keane. we'll have more, after this. ♪

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a couple of months, actually, for ev's all the problems in the weather and tesla announcing its sales are a little disappointing. the stock is down 13%. that almost never happens to tesla, so growing questions whether the entire ev industry as we know it is really worth all of the hype and all of the production demands. kelly o'grady with more. kelly? reporter: well, neil, it's always great to see you, and yeah, this was a really tough showing for tesla in their earnings. so they missed analyst expectations and their own expectations on thursday, and one of the big stories was declining profit margins. so this quarter came in at 8.2% versus 16% at the same time last year. another key point that came out of the earnings call is tesla is now warning that ev sales could "notably lower this year" as they work on a cheaper model that they previewed might be on the market in 2025. now, three things i think you need to focus on if we put our investor hat on.

the first is tesla has shown, with its performance, even it is not immune to the ev market concerns, and the consumer demand lowering that we're see ing around infrastructure concerns and range concerns as well. the second thing is china is a big challenge for tesla. for the first time ever, the chinese company byd, over took tesla as the world's biggest ev maker. now we know china already has a lock on the battery market. here is what musk had to say on china in the future. >> our observation is generally that the chinese car companies are the most competitive car companies in the world. in fact if they're not, they will pretty much demolish most other car companies in the world , so they're extremely good. reporter: and the last thing i'll highlight is we've been wondering where musk's a.i. challenge is going to leave. he said he plans to take his a.i. ideas somewhere else unless he gets 25% voting control of tesla.

he reiterated that during the earnings call this week and it really makes you wonder as an investor. you see all of these headwinds. how are you feeling about tesla going forward and that uncertainty. neil? neil: all good points kelly o'grady thank you on that. we should point out that toyota sounds like it has found the middle spot on this by recommending hybrids. there was running away with market share as a result of that calculated gamble at the time. not to de-emphasize ev's as much as emphasize a middle ground with hybrids. in the meantime the faa given the go-ahead for 737 max to fly again. not everyone is confident that the faa is making the right call here, after this. i put it on my chase freedom unlimited card. and i'm gonna' cashback on a few other things too... starting with the sound system! curry from deep. that's caaaaaaaaash. i prefer the old intro! this is much better!

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>> you don't have any words for customers too scared to fly on a boeing plane? >> we believe in our airplanes. we feel they are safe, our people do, we have confidence in the safety of our airplanes and that's what all of this is about and we fully understand the gravity. >> [overlapping speakers] neil: all right, so, the boeing ceo under a lot of pressure this week visiting capitol hill but the faa did say that his boeing 737-max-9 jets are safe to fly, a lot of airlines are bringing them back in service but there's a lot of trepidation on the part of the consumers who increasingly want to know. am ion one of these max-9 flight s. kyle bailey kind enough to join us, a former faa safety official kyle, people get anxious about this sort of stuff. you're well-seasoned about this. do you think twice about flying this particular plane? >> good morning, neil, no i don't. once the airplane has the green light, and it does in fact have the green light right now, once

those inspections are complete, i have no problems getting on the airplane. everything is safe. the faa will deem everything safe after those inspections are completed, which they're in the process of finishing those. if all goes according to plan, there's about 170 boeing 737-max and all those airplanes should be flying in less than two weeks the first airplane took off yesterday for alaska airlines, and united will be flying their first plane probably tomorrow as scheduled. neil: so what do you tell people , kyle, who this is increasingly happening. i can remember as a kid there were dc-9 crashes people say i don't want to go on a dc-9 and they were everywhere but what do you tell them if they start basing their flight choices on the maker of the jet? >> well, you know, right now, the airplane is so safe because

it's being scrutinized by boeing , by the airlines, and also by the faa and the bottom line is these companies and agencies do not want anything to happen on their watch, so these airplanes are under the microscope like you would not believe right now, and each one of those inspections on each 737 will take about 12 hours to complete, so it's not just like see if the door is tight. they're literally going through looking at every single door track, bolt, rivet. every piece of hardware in and around that door is being examined with a fine tooth comb and the airplane will be safe when those inspections are done and as far as boeing goes as a whole, yes, there have been issues with the 737 max over the last two or three years, but boeing does a phenomenal job at making airplanes and look at the safety record over the last

23 or 24 years. the last major crash on u.s. soil, u.s. airline was shortly after september 11, so we're looking at like 20-plus years without a major disaster on u.s. soil by a u.s. airline and the safety record speaks for itself. neil: i hope so. you always want to see that continue, right? kyle bailey, always good seeing you my friend. former faa safety official. again these boeing planes will be back in service we're told. the rollout will continue over the next couple weeks. united expected to be among the first to take advantage and get them back in service. that'll do it for us here, we had a record run week for the dow and the major markets following the good economy. we'll see how long that goes. i know griff and aisha will take it and a lot more news as fox continues. like your workplace benefits and retirement savings. voya helps you choose the right amounts without over or under investing

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>> president biden vowing to shut down the border if given emergency authority through a bipartisan bill