- i got the cabin for three days. it's gonna be sweet! what? i'm 12 hours short. - have a fun weekend. - ♪ unnecessary action hero! unnecessary. ♪ - was that necessary? - no. neither is a blown weekend. with paycom, employees do their own payroll so you can fix problems before they become problems. - hmm! get paycom and make the unnecessary, unnecessary. - see you down the line. >> brian: wednesday, february 7th. >> , i got that confirmed. this is "fox & friends," i'm pretty sure. round two, a second impeachment vote on the table for mayorkas after a vote switched yesterday, a little embarrassing. >> ainsley: mayor eric adams trying to defend $53 million

prepaid -- those credit cards for food that are going to the migrants. >> we are not giving people american express cards. we found that the food delivery service that we set up during the emergency we could find a better way to do it. >> steve: why are the migrants getting a better deal than the homeless of new york? that's what people have scratching their heads about. meanwhile, southern california still in the grip of dangerous atmospheric river triggering 500 mud slides leaving at least nine people dead as they pick up the pieces in has enda li heights. >> lawrence: remember, mornings are better with friends. ♪ ♪ >> steve: developing story, the house republicans are -- they are pushed to impeach dhs secretary alejandro mayorkas

blew up last night. they didn't have enough votes. >> ainsley: he isn't out of the woods yet. second vote today. it's already in the works. >> lawrence: jacqui heinrich at the white house. >> big defeat for house speaker mike johnson who had been building to this moment for months and rank and file members are not impressed that his leadership team did not have an accurate vote count before proceeding and embarrassing them on this first one. four republican members split with their party to vote no. tom mcclintock and ken buck who voiced concerns early on the threshold of high crimes and misdemeanors had not been met here and who the whip team reportedly didn't lobby very hard to change their positions. also mike gallagher of wisconsin who expressed worry this could set an uncomfortable precedent for future cabinet secretaries. with the vote tied after democrat congressman al greene left the hospital following abdominal surgery to cast a vote in hospital garb. blakemore switched his vote from

yes to no. a legislative tool allows the losing side, republicans to try again later. johnson's office has pledged to try again as soon as they have the votes. in the meantime conservatives are furious that johnson's leadership team effectively blew it on the first try. the white house meantime is gloating. ian sam's of the white house council's office told fox clearly bipartisan agreement baseless, unconstitutional impeachment stunt should fail. house republicans ought to realize extreme political stunts like this are a waste of time and instead join the president, secretary mayorkas and republicans and democrats who want to work together to deliver real solutions that actually strengthen border security. that last line is a dig at house republicans whose opposition to the bipartisan border security and national security supplemental tanked a once likely glide path in the senate under pressure from former president trump and now the white house is trying to make the case that republicans own the border crisis. lawrence? >> lawrence: just crazy rhetoric coming out of the white house.

thanks, jacqui. if you remember on day one of the biden administration he got rid of remain in mexico. he thought he would be a little bit ambitious and stopped the border wall being built. and now he wants to blame republicans. let's listen to the president. >> everyday between now and november the american people are going to know that the only reason the border is not secure is donald trump and his maga republican friends. it's time for republicans in the congress to show a little courage, to show a little spine. to make it clear to the american people that you work for them, not for anyone else. i know ohio work for. i work for the american people. >> lawrence: guys, the numbers tell a different story. if you look at the fiscal year of 2020, since biden taking office less than half a million people. then you go over to 21, fiscal year 21, 1.7 million crossings. and then you got 2.3 in 2022,

and they keep getting better. fiscal year 2023, 2.4 million people. so that's what is happening right now with the biden administration. all right. so, that's happening at the federal level. and this is why it all matters. because, of the problems at the border right now, with the migrant crisis, causing in our local communities like here in new york. todd piro has update on the migrant assault on those nypd officers. hey, todd. >> todd: hey, lawrence, the one and only migrant suspect held in jail for attacking two nypd officers in times square indicted in a manhattan courtroom yesterday. the grand jury handing out the indictment to 24-year-old yo henry brito. the charges will remain sealed according to office. brito is one of the officers seen beating two of the officers in times square last week kicking and punching the officers in the head and body. he's going to be back in court to answer this indictment in march. the other suspects fleeing the city after being released by

d.a. alvin bragg without bail. ice confirming four of them arrested this week in phoenix. kathy hochul expressing outrage over the situation telling msnbc yesterday that the migrants involved in the attack on the two nypd officers should never have been let out. well, that's not the only violent behavior from the migrants here in the big apple. the migrant mope head gang responsible for this scene on your screen drag ago woman while stealing her purse they are pretty sophisticated apparent little hiring hackers to access bank accounts of unsuspecting victims. they are getting into their venmo. they are getting into their zel accounts and using that money to make purchases. they will clear out the accounts. the new york g.o.p. calling on governor hochul to remove d.a. bragg to follow unconscionable handling of attacks on the nypd. guys, this is a mess. the fact that he they're organized almost in like a mafia type way should send shivers down everybody in the big

apple's spine. back over to all of you. >> steve: that's right. thank you very much, todd. essentially, they have got dozens of people in some of their crews we have been reading in the "new york post," and so just think about it. if somebody got your phone, just imagine you have got all your banking stuff there, you have got your zel, you have quote your venmo, your whole life is right there. they know that not only do they hoover your account. then what they do is sell the phone and get 300 to 600 bucks per phone. next thing you know this iphone is in caracas. >> ainsley: pretty scary. talked a lot about the migrants coming here to new york city and being sent here. our mayor wants to give them these prepaid money cards so they can go and buy food and baby supplies. people are up in arms because it's more money on that one card, it's $1,000 per month for a family of four. and the government gives for the snapp cards for people here illegally gives them more than $200 a month. people up are in arms givings

more money to the people here illegally. our mayor went up to albany, to our state capital, he spoke to the legislator for tin cup day they get together and ask the legislator for money. here he is defending those prepaid cards. >> we're not giving people american express cards. we found that the food delivery service that we set up during the emergency we could find a better way to do it and our belief that we want to cut 20% of the migrant cost. >> brian: say 500 migrants -- pilot program. they get $12 worth of food per day. evidently they don't like the free good they are getting. and a lot of them are throwing it out. i feel terrible about that. so it's kind of good get to stretch their legs while we do their laundry and pull down their sheets. we're going to use the right fabric softener to make sure they get the bounce they are looking for when they come back from their bodega shopping. >> lawrence: i find it interesting that the mayor had this press conference yesterday. bragging about the diversity in

his administration and how chocolate he was and how. >> brian: he actually said that. >> lawrence: he said that in the clip. >> steve: we have the soundbite. >> lawrence: talking about all of this. meanwhile all the chocolate people in the new york and bronx and harlem are wondering why the migrants are getting all the money and their communities are struggling day to day. and i think the mayor, you know, this just shows you that diversity is one thing. but, if you are not talking with the people in the community, then it's not really representing them. >> steve: ultimately, it's the double standard. it's like when you look at one of those soft structured buildings in, i think that's randles island screen right right there. that is such a better deal than the homeless people of new york city have had. and when you pile this on, you know, they wind up with 40% more cash from the city of new york than they get from the state on the snap cards, simply because and we covered this story. the migrants were at the hotels and we were pro--we, the

taxpayers of new york, were providing food for the migrants. they didn't like it because, you know, they wanted black beans and rice i read in the "new york post" and they didn't want the bologna sandwich. >> brian: what about fish and chips. >> steve: i don't think that was big on their list. here's the thing, rather than address okay, what do you want? let us know and we will serve that, rather than doing that, they are giving them a gigantic financial increase simply to make it easy on the city. >> ainsley: now we don't have to deliver the food. we will just give them a card. saves on delivery costs. so they have to buy baby food and they have to buy food for themselves on these cards. who is going to be checking these cards to make sure they are not getting alcohol or cigarettes or that they are not paying their cartels? >> lawrence: ainsley, the important point here is who care what is type of food they want. the food is for nourishment. you are here for political asylum. >> brian: they should have powdered milk.

>> lawrence: understand you are fleeing all this catastrophic conditions. the food was there to provide you nourishment, to make sure that you got a hot meal. you got something to drink and that your kids are staying afloat. to come to the country illegally and then apt gourmet meal, i just think this is insulting to the taxpayers. >> brian: what about governor hochul saying there is no way these guys should have been out without bail when she is presiding over a state that cand all bail reform in 2019. she has done nothing about it. you could firewall alvin bragg tomorrow. is he too focused on donald trump's trial in may than to focus on these assailants, illegal aliens beating down our cops. the only thing you are embarrassed about that the video got out. >> ainsley: new york city g.o.p. calling sent a letter to kathy hochul our governor saying remove alvin bragg because his policies on crime are too soft. >> lawrence: we still can't forget that the governor could easily reverse the sanctuary state policy, right? and let ice come in and do the

job that they were appointed to do. still, all of these liberal mayors and liberal governors refuse -- even with this crisis happening and they are feeling the pain, finally. and voters are upset. they refuse to reverse their policy on this ask yourself why. >> steve: if you beat up a cop, isn't that circumstance we would call the federal government? not in new york, phobes. >> ainsley: that should be a felony. instead they beat up the cops. they walk right out and flip off america. >> lawrence: flee. >> brian: make sure danny penny facing murder charges for sticking up for someone on the subway. that is the justice of new york city. sadly you people in new york city, you voted him in and you voted her in. you had a chance to straighten things out but evidently you want the chaos. >> steve: ultimately people voted for mayor adams because they thought okay, he's a' do. he will know better. not really. just saying. all right. 7:12 now here in new york city. carley joins us with news from

the middle east. >> carley: that's right, guys go. at fox news alert to get to. hamas is reportedly proposing a three stage cease-fire deal for four months. it could include the release of all hostages and a full idf withdraw from gaza. this is big news. meanwhile secretary of state antony blinken meeting with israeli prime minister benjamin netanyahu earlier this morning. is he now talking with the idf chief of staff blinken says possible but work needs to be done. trey yingst will join us later this hour. a fox wildfire alert. chile facing deadliest wildfire on record. flames spread through several seaside communities killing at least 131 people, more than 300 people missing. were many neighborhoods have turned to ash. prince harry and king charles reportedly meeting for less than an hour yesterday after harry's

arrival in london voift comes one day after bucking ham palace announced his father has cancer. prince harry is planning to spend more time in the u.k. to be there for his dad defense secretary lloyd austin to spend more time on capitol hill this month to discuss his hospitalization. the committee demanding answers about his decision to wait for days to tell top national security officials and the president the pentagon chief was missing in action last month while undergoing treatment for prostate cancer he has since returned to work and apologized for not informing the appropriate people. austin's testimony is set for february 29th. and to nevada we go primary results there, nearly 63% of republican voters choosing none of these candidates over nikki haley. haley's campaign reacting to the results this morning saying, quote: even donald trump knows when you play penny slots the house wins.

we didn't bother to play a game rigged for trump. we're full steam ahead in south carolina and beyond. former president trump was not on the primary ballot, instead will be taking part in the nevada caucuses tomorrow. that race will ultimately decide what candidate will e state's 26 delegates. on the other side of the aisle, president biden easily taking the democrat primary with over with nearly 90% of the vote. and the oklahoma sooners, look at this, guys, paying tribute to the late country legend toby keith. the school holding a seat for him at last night's basketball game. after the game, the men's team was spotted drinking out of red solo cups a nod to the singer's hit song. ♪ i love my red solo cup ♪ red solo cup ♪ i fill you up ♪ let's have a party ♪ let's have a party ♪ let's have a party ♪ let's have a party.

>> carley: steve singing along with him. keith's death follow as long battle with stomach cancer. he was 62 years old. i love that the school held a seat open for him, guys. >> ainsley: that's awesome. a huge fan. >> steve: indeed. carley, thank you very much. >> ainsley: you could go down to history as the guy who stole toby keith's red solo cup. >> steve: song just came out. that's the only line i knew. i have a feeling this weekend a lot of people. >> ainsley: i hope so. >> brian: fox weather alert now. # people are dead in southern california and region still in the grip of a dangerous atmospheric river that started on sunday. >> steve: this gigantic storm triggering nearly 500 mud slides across the state and that is going to continue. >> lawrence: santa barbara county cliff side collapse forcing evacuation of an apartment building. >> steve: where did the ground go?

>> ainsley: you spend so much money on your house it. could be gone in a second. more than 72,000 houses and businesses are still without power. let's check in with our senior meteorologist janice dean for our fox weather forecast. look at those images, janice. >> janice: devastating. might take weeks and months to know the exact damage and toll it's taken on southern california. some good news, things are going to try out in the next 72 hours. but we still have another day of potential heavy rain along the coast. take a look at the maps. i will show you, you know, some of the totals are over a foot in and around the los angeles area. that's really incredible rain fall for an area that doesn't see a foot for sometimes takes a year to get that much rainfall. there is the future radar. you can see more rain in the forecast for today through thursday. san diego a couple inches there remember, this is the desert. an area liar florida can handle that kind of rain but southern california cannot. then the snow still to come for the west and the avalanche dangers something we will be monitoring. temperature departures other big

story wednesday, thursday, friday, eastern half of the country where temperatures are going to feel more like april for pittsburgh and chicago and detroit. this is friday, by the way. temperatures into the 60's. and then i teased the fact that we could actually have a valentine's day storm. i'm going to get some maps together to show you the potential of that you know i don't like to forecast seven days out because sometimes that doesn't happen but i am kind of excited about. this steve, ainsley, brian, l.j., we could be doing some valentine's day snow angels. >> steve: you know, valentine's day this year is also ash wednesday. >> ainsley: oh, it is. easter is early this year. very end of march. >> steve: a lot going on. >> brian: a month until saint patrick's day. >> ainsley: i'm wearing green. it's the 17th. >> steve: she is. >> brian: when is boxer rebellion day? >> lawrence: out on the calendar this year. >> ainsley: booking rebellion day. seen that on my calendar never knowing what it is.

>> steve: i think it's a canadian holiday. >> ainsley: it's when boxers rebel. >> brian: muhammed ali. >> steve: fox news alert, secretary blinken secretary of state now in israel right now as there is a proposed cease-fire deal on the table. could there possibly be an end in sight to this war? trey yingst joins us live from tel aviv coming up. >> ainsley: plus, round 2. a second impeachment vote is possible for secretary mayorkas. but calvary congressman tom mcclintock says his party failed to lay out high crimes and misdemeanors and so he voted no yesterday. he's going to explain that to us. >> brian: do the republicans agree on anything? have you noticed? and to the executive branch. >> ainsley: it's not the republicans' fault here. that's the message. don't need a bill just enforce the law. >> brian: executive branch. president biden access it's all sunshine and rainbows. he loves his vice president. >> i love her, ha ha ha, it's a good relationship. we couldn't do this without you, kamala and that's a fact.

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i think he's having a midlife crisis i'm not. you got us t-mobile home internet lite. after a week of streaming they knocked us down... ...to dial up speeds. like from the 90s. great times. all i can do say is that my life is pre-- i like watching the puddles gather rain. -hey, your mom and i procreated to that song. oh, ew! i think you've said enough. why don't we just switch to xfinity like everyone else? then you would know what year it was. i know what year it is. >> ainsley: back with a few headlines starting with this. the family of those three kansas city chief fans froze to death more suspicious after learning

the toxicology results. reports say cocaine and fentanyl were found in their systems. david harrington's stepmother says he didn't take that to die. if he took the drugs on his own, he took them to get high. it just means that there's more to this story. police say the incident is not being investigated as a homicide. hosts of that party, jordan willis is not facing any charges so far. a jury finding jennifer crumbly, the mother of the oxford high school shooter ethan crumbly guilty on four counts of manslaughter in a ground breaking verdict. >> son sentenced to prison for killing classmates and journalist others and a teacher in 2021. the attorneys joined us last hour on the decision to go after his parents as a parent my heart is troubled by it. what they're criminalizing is the could have, would have, should have of parenting decisions. i think that could potentially

open the flood gates for other parents and politically motivated prosecutions which we see a lot of these days. >> ainsley: ethan crumbley's father facing trial next month. a request with the illinois supreme court. he wants review of appeals court ruling that upholds his conviction for lying about being the victim of a hate crime attack. smollett's team now saying, quote: what should have been a straightforward case has been complicated by the intersection of politics and public outrage. president biden singing the praises of vice president kamala harris at the white house yesterday. >> let me just say we're really fortunate to have a real leader, a true friend and historic vice president kamala harris. >> ainsley: biden thanking kamala harris for her work on foreign policy, national security, and more. and those are your headlines. steve, down to you. >> steve: all right. thanks very much, ainsley. >> ainsley: you are welcome. >> steve: on this wednesday morning, we are hearing a second vote to impeach the department

of homeland security secretary mayorkas could come perhaps next week after house republicans missed it by two votes last week in a dramatic fashion, you saw it here on fox. our next guest was one of just four republicans who voted against it. here to explain his vote, republican from the great state of california, congressman tom mcclintock. tom, good morning to you. >> good morning. >> steve: okay. everybody is coming up to you. tom, why did you do that? >> well, for the same reasons i opposed the sham impeachment of donald trump. the constitution reserves impeachment for treason, bribery or other high crimes or misdemeanors. that is a very specific meaning. crimes relating to the office. mayorkas is guilty of mal administration on a truly cosmic scale. but, that is not grounds for impeachment. we know that because the constitutional convention considered that and rejected it for that very reason. and the moment we dumb down that standard, the democrats take control of the house. they will turn it against the

conservatives on the supreme court. they will turn it against the future republican administration. this is a road we really shouldn't be going down. and then final point is this: even if the fantasy world where the senate by two thirds vote would remove him from office, he would simply be replaced by somebody like ocasio-cortez. this is not going to be solved by replacing one leftist official with another. it can only be solved by replacing the entire administration and that can only be done by the people at the ballot box. >> steve: so your problem -- you got a problem with the way he has been running the department but, then again, is he just taking instructions tom from the home office and the home office is the white house and that's joe biden. >> exactly. which is why removing him wouldn't change anything. frankly removing biden for kamala harris wouldn't change anything. it's the administration itself and its policies that are the problem. you know, i tell folks all the time. you want to know how this happened? if you voted for biden and the democrats this is exactly what you voted for. and if you are surprised by that, you weren't paying any

attention, this is what they promised to do. this is what they have done. and this is what they have defended for the last three years. the american people, i think, are coming around to that conclusion. i think there is a lot of buyer's remorse from biden voters looking at what that has now done to our country. why would we want to get in the way of that by politicizing this in a very unconstitutional way. >> steve: right. so, the move to impeach mayorkas failed, and then, they brought extraordinarily, after that loss. they -- the speaker went ahead and brought up essentially a clean bill for a little north of $17.5 billion aid for israel. and i know you voted for that. but this slnchts absolutely. >> steve: this someone of those things where it was voted down because you needed a super majority. but the optics ultimately just looked bad that the house is divided over helping israel because that's what it looks like now. >> yes. i agree. and that's the tragedy and i don't think that's the actual

statement of the sentiments of congress. i know there were some conservatives who wanted to see a pay for. but the beauty of a single subject bill like the one that went before the house, it offers precise clarity. this was strictly over helping israel. i think anyone who brought other issues into it, whether they were fiscal or of course on the democratic side, you have a large element that is pro-hamas, you're confusing the issue. >> steve: tom, before you go, there are a lot of republicans who are steamed at the house leadership. from your chair, representing district in southern -- in southern california, does speaker johnson have your confidence? does he know what he is doing? it looked like yesterday it was just a huge humiliation for the republicans. >> i think it was a huge mistake to allow 8 members of our conference to override the conference and join with the democrats to remove kevin mccarthy. he was the one person in our conference who was able to do

that job with a razor thin majority. and that's -- that was a self-inflicted wound of immense proportion. >> steve: tom mcclintock a real pleasure talking to you, sir. do you need a food tester now on capitol hill. >> no. no. i just eat out of the vending machines. >> steve: like everybody else. tom, thank you very much. >> you bet, thanks. >> steve: 7:30 in the east. fox news alert. we were just talking about israel and secretary of state antony blinken meeting with the idf chief of staff after huddling with the prime minister earlier this morning there are new reports saying that hamas is proposing a three-stage cease-fire deal. what would that look like and is israel behind it? trey yingst is live in tel aviv. dre? >> hey, steve, good morning. for the first time in weeks, there is progress on a possible cease-fire deal between israel and hamas. 124 days into this conflict, we

understand that hamas has responded positively with a proposal that could end the fighting. reports indicate the hamas plan would stop the war for four and a half months. see all of the hostages released and israeli troops withdrawing from gaza. such a deal would also mean the release of thousands of palestinian prisoners. this plan would be implemented in three stages. each 45 days long. it does come as u.s. secretary of state antony blinken confirmed the counter proposal was given to qatari and egyptian negotiators. overnight he said this while in doha. >> there is still a lot of work to be done. but we continue to believe that an agreement is possible and, indeed essential. and we will continue to work relentlessly to achieve it. >> trey: blinken is here in israel and met with mahmoud abbas and benjamin netanyahu. much of the discussion focusing around the release of hostages and the plan for the day after the war in gaza.

much of the region waiting to see what comes next, understanding that a cease-fire deal could de-escalate the entire middle east, steve? >> that's a good way to put it. trey, thank you very much. a live report from tel aviv. meanwhile still ahead, squatters take over more than 1,000 houses in atlanta. who is letting them do that? we have got a live report. plus, courts striking down former president trump's petition for presidential immunity. fox news legal editor carrie kupec urbahn tells us what is next for the former president. plus, the shocking new stats on credit card debt in america as americans have over a trillion dollars on cards. past delinquencies up 50%. the average interest rate is herely 21%. what that means in joe biden's america straight ahead. ♪ to severe plaque psoriasis or active psoriatic arthritis, symptoms can sometimes take you out of the moment.

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♪ >> ainsley: this is a fox news alert. brand new border numbers just released. listen to this. cbp sources exclusively telling fox that there have been more than 1 million migrant encounters since october 1st when our fiscal year began. it is the earliest this milestone has ever been reached. griff jenkins is going to join us with a live report coming up. but, first, shameless squatters are running neighborhoods in atlanta. a trade association says illegal tenants have taken over 1200 homes, even turning some of them into strip clubs. todd piro has the details. todd? >> todd: absolute insanity, ainsley. these squatters have been terrorizing and ruining entire neighborhoods. but the problems don't just stop with the squatting. police say, take a look, this atlanta home was being used as an illegal strip club. beautiful home there. squatters hosting noisy parties,

organizing illegal street races. and, according to one trade group it is just one of 1200 homes that have been taken over in the atlanta area so far. authorities say evicting squatters in atlanta is a pretty big challenge, something army lt. colonel dahlia found out returning from active duty. discovered a man lengthy criminal history squatting in her $500,000 home. back in may she told fox news that the police response was so slow, she had to figure out another way to get that squatter out on her own. watch. >> it has to do with the sheriff's office though. the police can't get them out because it's a civil matter. but, had i not gone to the media, i would not have had the opportunity to get my home back today. >> todd: experts say online listings and viral actual real estate agents make it easy for squatters to target vale can't homes and the process of evicting is so time consuming.

some residents are actually paying squatters to leave. unreal. >> brian: unbelievable. easily correctable it seems, too. thanks so much. 20 minutes before the top of the hour. former president donald trump could take his presidential immunity claim to the supreme court. in fact, we all expect him to, after the d.c. federal court of appeals rejected his bid in the 2020 election case. he wanted immunity, of course. the court saying, quote: former president trump has become citizen trump. any executive immunity that may have protected him while he served as president no longer protects him against his prosecution. here to react fox news legal editor, carrie tupac urbahn. carrie, significant because so massive and pervasive. will that effect any type of appeal to the supreme court? >> it really depends. but it is, to your point a case of first impression. >> this is the first time a court has ever found that a president is not immune from federal, criminal prosecution for acts committed during office. and so because of the nature of

that of this and future ability to govern. it's possible the supreme court weighs. in they don't have to. the supreme court has full stretion as to whether they take up the case or not. they typically take up less than 1% of the petitions submitted to them each year. it's really up in the air as to whether or not the supreme court is going to get involved in this or not. >> brian: can you give us the procedure they put, you know better than me, some type of a time limit when they can go up. the president, they want to rush the president to court. the president wants to take his time, obviously. so, they put some type of time limit on his appeal. >> they did. the d.c. appeals court says he has by monday to decide whether he is going to appeal or not and if he in writing submits to the federal appeals court that just ruled against him that he is planning to appeal to the supreme court. they will stay the decision pending the supreme court proceedings. now, this is where it gets interesting. the supreme court though is not on any kind of timeline or deadline. so they could -- they could rule

quickly. they could not. what that would look like though, brian, they would like lisette at some point a briefing schedule as to whether they should even take up the case or not. and, again, it's completely up to them when they want to do that. if they want to do it and how long that will take. >> brian: we will get an answer, if the supreme court takes it they will wait. if not, let's go the supreme court says i don't want to do it. i read the three judges' opinion we're not going to take it. when do you think the trial would start then? >> well, you know, it was originally supposed to start in the beginning of march. i think you would look at probably later spring. we have this big ballot case with trump with the states that have removed trump from the ballot happening on thursday. the supreme court is hearing that just tomorrow, actually. and so i think probably later spring. but, again, if the president -- the former president appeals to the supreme court, that will delay things in that we will then be waiting for the supreme court to set schedules and timelines for trump and his team and, of course, doj to submit their filings. >> brian: i'm not sure there is an answer to this. but, when the supreme court

decides to take or not take the case is that up to the chief justice in the case like this or do they have everyone weigh. >> in only need four yes votes to take up the case on the supreme court. the public will never know who those four yes votes are that's where it becomes interesting a game of math. obviously, brian, if you have the liberal wing of the court plus the chief justice roberts saying yes that could indicate that they are interested in ruling against trump's arguments. yes votes or more conservative wing of the court. that could signal the opposite result. we wouldn't know who was voting yes if they decide to take up the case. >> all right. and the next case is tomorrow. so, put your -- keep your ringer on because tomorrow the colorado case gets heard and we will see if all these other cases, all these other challenges go by the wayside. thanks, kerri. >> brian: a man closed gate pursuit of a joy ride.

i that i guy is from new york by the way. american's cards maxed out. hold over a trillion dollars while biden tells us the economy is great. what is the disconnect. we ask stephen moore, next. ♪ ♪ to ♪ in relief gel, which penetrates deep to target the source of pain with nonsteroidal anti-inflammatory medicine directly at the source. voltaren, the joy of movement. ♪ with fastsigns, create factory grade visual solutions to perfect your process. ♪ fastsigns. make your statement™.

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>> lawrence: so the u.s. federal reserve latest report revealing more americans are deep in credit card debt than ever before. >> ainsley: racking up a total of 1.13 -- or $1.13 trillion, a $15 billion increase in just the last quarter with delinquencies going up over 50% from last year. and record high interest rates are making it more costly to carry that balance with card holders seeing an average annual percentage rate of almost 21%. >> lawrence: here to react freedom works chief economist co-founder stephen moore. so, steven, i do not doubt all of the big economists. i know you guys know way more than i do about the math here. and it seems like the biden administration continues to tout these numbers. >> right. >> lawrence: average day americans i speak to every single day they just aren't feeling it. why is that? >> you better believe it. you know, there is a reason for the last two years.

these poll numbers haven't changed at all. 70% of americans say they think the economy is headed in the wrong direction and that their personal finances are in worse shape today than when donald j. trump was president. and, you know, it's interesting. because, look, there are statistics that definitely show movement. there is pretty good strong market right now. if you look inflation up 18 to 1%. people's incomes only up 16 to 17%. do the math here. what that means people are poorer today than they were three years ago. >> lawrence: not making enough money. >> what are they doing? taking out the plastic and racking up credit card debt. this is all-time high. what really worries me is the fact that people aren't able to pay the balance off each month. the worst way to borrow. you were saying 20% interest rates? sometimes those rates can go up to 30, 35%. and so people get -- they are

stressed out. they can't pay their bills. and that's why, you know, when i go to the grocery store people will see me "fox & friends" say why do you say inflation is only 3% or 4% because the real inflation that people are feeling in terms of grocery bills, gasoline prices, mortgages those are up 25%, 30%. that explains why this debt is rising. >> ainsley: when we go out to do diners, immigration and economy is the biggest issues. >> yep. >> ainsley: you see the biden administration tout ought these numbers inflation has gone down they say. >> yeah. >> ainsley: according to article in the "wall street journal." they interview a truck driver who is earning more than 20% than he used to. a nurse, steady income, gets pay raises, a restaurant owner who has decided to buy a second house and has 50 people employed. they interview them and say why are you still concerned? they say we feel unstable. there is a sense that it could all go away. >> exactly. >> ainsley: where is the disconnect? why is the biden administration not addressing this. >> 65 percent of americans say they are living paycheck to

paycheck. >> ainsley: yep. >> so they are -- they are so anxious about where this economy is headed. and they -- look, they see what is happening to our national debt. they see the fact that our finances are in really bad shape. and their personal finances are in bad shape. so i think for biden to go around the country and tout how well things are going make him seem completely out of touch with main street america. if you are in top 10% of income you are doing pretty well today. no question about it. it's people in the middle class and below that are really facing tough times. and they're -- by the way, they are the victims of this high inflation. >> ainsley: right. >> do you think bill gates cares about inflation? no. he doesn't. [laughter] it's low income people. >> lawrence: nyc housing workers bribery scandal. my building waghts actually impacted. we were wondering why these folks were being moved into our building. there ended up being a lot of theft in my building because of this. now we find out it was a larger

scandal. >> this is disgusting. i mean, these are people who are supposed to be helping low income people. and what was amazing about this story is that it's widespread throughout the agency. hundreds of people in on the scandal. and you know there is an old saying people go into government to do good and they end up doing well. that's what is happening here. >> ainsley: pay for play lining their own pockets. >> yeah. it's -- why does the city of new york let this happen? bring back somebody who will control this. >> lawrence: housing program. they were paying the folks within the system to get on the list. >> they are getting a kickback. that's costing the taxpayers. there is a reason why the way new york city is running a massive deficit right now and they can't pay their bills because this kind of fraud is widespread. i know you have tulsi gabbard coming on. we did a dinner with tulsi last night with 40 major influencers and we asked at the end of the dinner who do you want donald trump to pick as his vice

presidential nominee? do you know who won? tulsi gabbard. >> lawrence: got to ask her about that. >> we do. >> lawrence: thanks so much. good to be with you. >> ainsley: hand it over to carley for more headlines. >> check this out dramatic dash cam footage out of new mexico. out of control pickup truck plowing through a gas station sunday night sending the canopy crashing to the ground. the driver of the car who captured that crash couldn't believe their eyes. >> whether or not, you know. [crash] >> oh my [bleep] god. what the [bleep]? >> can you believe that? that could have caught fire, my goodness. incredibly the woman behind the wheel only suffered minor injuries, investigators believe she actually suffered a seizure while driving. that's the reason that crash happened. a new york man booked and charged after police say he went for a wild joy ride on a florida beach. authorities say the suspect drove around a closed gate and didn't pay the fee to bring his

truck onto the sand. police say he told them, quote: it's not my fault the truck don't surf. and that, guys, is the quote of the day. he is right, it's not his fault. >> can't swim. >> ainsley: interesting mugshot right there. and what he tried to do. wow. thank you, carley. >> carley: you are welcome. >> ainsley: a fox news alert to tell you about. brand new border stats just released and shocking griff jenkins. is he going to join us at the top of the hour with this exclusive cbp numbers which includes 160 dangerous gang members that were apprehended since october. ♪ the number one prescribed biologic by dermatologists and allergists, that helps heal your skin from within. serious allergic reactions can occur that can be severe. tell your doctor about new or worsening eye problems such as eye pain or vision changes

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