fleeting moments, got some poetry like the region. no not really thanks was the best hour of your debris fell that instagram twitter at kennedy nation can on facebook kennedy fb entered e-mail kennedy fbn fox.com. goodou night. good night to you. . >> more on breaking news 17 states filed an amicus brief, friend of the court brief supporting texas in its new supreme court case challenging election results the trump campaign now asking do join in the case. it's a case texas attorney general ken paxton says it is a constitutional fight. with us soled wisenberg, james comer, matthew whitaker, ford

o'connell, tom homan on the story of the day, this controversy about democratic congressman eric swalwell he is pushing back on attacks he should step down from house intelligence after information emerged he got tangled with a chinese spy when they were going on its belt and road push. he is trying to blame trump for the story from "axios." they refuse to spell out what congressman's swalwell the relationship with the alleged spy who reportedly had sexual affairs with two u.s. mayors. we break undo the news coming in thick and fast on hunter biden, disclosing the u.s. attorney in delaware, investigating his tax affairs. it involves payments out of china and other foreign nations and also suspicious treasury activity reports we've been reporting to you about. it's a story critics warn packs potential political damage for

joe biden. to this victory for small businesses in california. a judge there issues a stinging rebuke against los angeles county's quote, arbitrary lockdown rules. we've got that also. the list now growing of shutdown hypocrites as we found even more examples of politicians breaking their own lockdown rules. also tonight, more on how covid-19 vaccines coming on strong. fears grow about side-effects. information out of the uk about allergic reactions if you have food allergies or allergies to medicines it could be a issue. the media debating whether democrats purposely stalled, slow-walked on covid-19 relief because election was coming saying they wanted to win there. critics say where is the unity. more migrant caravans reportedly heading to the border. law enforcement in central america, are continuing to smash, watch this, human

smuggling networks run by gangs like ms-13. i'm elizabeth macdonald. "the evening edit" starts right now. ♪. elizabeth: okay. back with us is sol wisenberg, former deputy independent counsel. sol, let's go right at it. before we get to the texas lawsuit at the supreme court. by the way, great to see you, sol. >> good to be here. elizabeth: we want to talk to but the late in the day, breaking news the u.s. attorney's office in delaware investigating hunter biden's tax affairs. we talked about how the chinese and ukraine businesses hunter dealt with used a lot of offshore, off-balance sheet shell companies. a grand jury investigation of hunter, it is unclear whether unhadter is the subject or target of a grand jury investigation underway. what is your take on the story? >> the first thing came to my why is the u.s. attorney's office in delaware investigating

this? presumably they have the venue for it but given the prominence of the biden family, i don't think either a democratic or republican appointed u.s. attorney in delaware should be looking at president-elect biden's son. in the normal course another u.s. attorney's office would come in to do the investigating that happens quite a bit. that is the first thing i just find interesting. doesn't mean that they have done anything wrong in delaware. i would have recused the office. that's number one. number two, who knows at this point? he thought it was better politically to announce for his dad i guess, i'm under investigation. i'm confident that i have will be cleared. that kind of stuff happens a lot. better to get it out now. elizabeth: we talked a lot about how the chinese and ukraine businesses hunter dealt with used a lot of offshore, off-balance sheet companies. the irs france on that. he reportedly launched the probe

into hunter biden's tax affairs in 2018. this is the u.s. attorney. the sim deal the business deal with the chinese company collapsed and hunter started to get payments on side from shell companies from china. burisma also used shell companies too. the china deal, tony bobulinski given that to senate committees. >> right. elizabeth: hunter biden reportedly, we also see hunter biden reportedly getting 2.8-carat diamond after he reportedly help ad chinese energy company set up a deal to make 40 million-dollar investment in liquified natural gas project in louisiana. so there is weird stuff going on here. your final word on that story before we move on? >> well the irs, you know, obviously investigates. the irs cid it is called investigate federal criminal tax violations and potential violations. keep in mind they also have jurisdiction over the

investigation of money laundering. so should be very interesting. obviously they keep those matters confidential. we'll have to wait to see what happens. elizabeth: what do you think, how do you think -- let's move on to this, 17 states filed a friend of the court brief supporting the texas lawsuit at the supreme court to block election results in four swing states. how do you think that is going to go? some critics say texas does not have standing here, what do you think? >> i think that, i think their chances are slim. it is certainly not a frivolous suit but i think the chances are slim they will prevail. just as a prudential matter, the supreme court made it pretty clear they're not particularly anxious to be involved. the theory is not a crazy, it is not a crazy theory. the theory of the case, i don't know how law nerdy you want me to get, under the electors clause of the constitution and

only the legislature can pick the electors, from that the plaintiffs take the position any act by a non-legislature that changes elections rules is invalid. so they said that in these four states, basically the statutes, the election statutes about how the presidential election should be carried out were violated by lower level county officials and whatnot. that wasn't proper and that violated the equal protection rights of the other states. then what they want the court to do so force the four states, wisconsin, pennsylvania, georgia, michigan to have special elections for new electors. i just don't think that is going to happen. i think, i think the court will say at most, they may just throw it without without comment. i think at most they will say this should have been, this should have been brought at an earlier point in time, perhaps before the election. elizabeth: yeah. it is interesting texas is not

using the other states that used mail-in ballots, similar changes to mail-in ballots. constitutional issue, it is an important one you're talking about, that is what ken paxton is talking about too. >> yeah. elizabeth: they say what the states did could affect, weaken the process for future votes for generations to come and undercuts the voting process in states that abided by the rules and didn't just change the rules as these swing states allegedly did. that is what ken paxton and texas side of the aisle is saying. your word on that? >> made an interesting point. i saw his interview with lou. he made an interesting point which is in texas we kept this from happening. we came in and filed lawsuits and kept these lower levels officials from doing this. so the natural response is, well maybe somebody should have done that in the other states. if you say, well, maybe there was no republican official who was willing to do that, one question that may be asked is

why did texas wait so long to bring this particular action? you know in these nfl football games you know that rule, elizabeth, that you can call a time out right before the kicker kicks the field goal in an effort to ice him and then afterwards he has to kick again. so you get to see what's going on and in a way that is what texas is trying to do here. you had, nice little election you had here. we kind of called a timeout. you didn't see it and we want you to have to do it over again. i think the answer is going to be you should have come in earlier. you should have come in earlier so. elizabeth: yeah. you know, these scotus, supreme court would kick it over to congress, congress you deal with it. i know in supreme court's jurisdiction to settle init state fights of the like but they could stay, congress, you're supposed to be settling this dispute.

your final word, rnc chair said this could affect the control of the senate, meaning the georgia senate runoff with kelly loeffler and david perdue. i mean, let's listen to ronna mcdaniel for a second. watch. >> georgia the rnc and the georgia gop are saying to the states suing the state and secretary of state saying actually follow your law. allow pole poll observers to watch before they are separated from the envelope and monitor dropboxes. we're filing a lawsuit for them to follow the law on the books they didn't follow in november. we want to make sure before we get the runoff in january. elizabeth: run off off in january, what do you say, sol? >> that is totally different. they're coming in before the election to try to stop something from happening.

in the texas case they're waiting quite a while after the election to come in. i just don't think it is going to work. elizabeth: sol wisenberg, good to see you. thanks for coming in. >> thanks. elizabeth: we'll talk with house intelligence ranking republican devin nunes. he joins us later in the show. he is fired up about that story. coming up congressman james comer of house oversight and how covid vaccines are cog on strong and fears growing about side-effects and allergic reactions. the media is arguing an debates over whether democrats did slow walk, stall covid-19 relief because election was coming and they wanted to see the joe biden get the victory? the country is crying out for unity. that story next. >> leaving here without a covid

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here's andy listening to my goals and making plans. this is us talking tax-smart investing, managing risk, and all the ways schwab can help me invest. this is andy reminding me how i can keep my investing costs low and that there's no fee to work with him. here's me learning about schwab's satisfaction guarantee. accountability, i like it. so, yeah. andy and i made a good plan. find your own andy at schwab. a modern approach to wealth management. ♪. elizabeth: let's welcome back to the show house oversite and reform ranking republican. he is james comer. congressman, it's straight to see you. let's break this down. president trump is prepared to use the defense production act to make sure americans get enough coronavirus vaccines. there is action on that front.

media is debating evidence that the democrats stonewalled the covid-19 relief bill until after the election. why are they waiting months to do this? you guys in congress are getting paychecks. the local politicians are shutting businesses. why the delay. >> very simple, nancy pelosi admit ad few weeks ago she intentionally held it up until after the election they thought they could blame president trump not to get covid relief until after the election. she is waiting to see after the january 5th election to see if they pick up two senators. every time they get to a deal nancy pelosi moves the goalposts. that is why we haven't come up with a deal. it is purely political. >> the media is reporting that that it is purely political. we've been reporting for the

last few months it has been politicized. watch senators dick durbin, nancy pelosi here and discuss your reaction. after the sound bite, listen to this. >> there was exuberance involved because an election was coming and they are both bidding one another to find common ground. they didn't reach to the point. to return to the pre-election days and political sentiments is very difficult. >> treasury secretary steve mnuchin was working with house speaker nancy pelosi. the democrats walked away from that bill because they wanted 2.2 trillion. >> that's right. >> they walked away from 1.trillion. was that a mistake? >> that's what i'm saying. that is exactly with i'm saying. here is proposal much, much larger. democrats, no, that is not good enough. >> don't characterize what we did before as a mistake, as a preface to your question, if you want an answer. that was not a mistake. it was a decision and it has taken us to a place where we can do the right thing without

other, shall we say considerations in the legislation that we don't want. now, that is it. elizabeth: okay. doing the right thing, means getting relief money out to people that need it. what is nancy pelosi's definition of quote, doing the right thing? as we've been seeing it is slow-walked. people need help. we have local officials shutting down their businesses in act of complete arrogance, vanity, egoism, they think they know better, they think they have science on their side about covid-19, we'll talk about later in the show, they don't have science on their side. we're seeing out break, percentage of restaurants and bars outbreaks there are far less than what people realize. take this on. what is going on here? people are really frustrated. >> they should be frustrated. nancy pelosi put politics before people. she probably intended on doing a

covid bill after the presidential election but here this senate race in georgia could impact the senate. they could completely run the tables. you're exactly right, democrat-run states, they continue to keep their economies shut down. in my state of kentucky with a democrat governor, they closed down schools but with respect to the economy, they shut down in-person dining at restaurants. they have absolutely no science to prove shutting down in-person dining will reduce the spread of covid one bit but they continue to do that. in a lot of states like kentucky the workers are hurt than the small business owners because they can't draw unemployment. most states it is taking a month to get their first unemployment check. elizabeth: the cases related to bars and restaurants make up 3% of outbreaks at non-residential locations. those outbreaks involve mostly fast-food chains and the chains

own workers. move to this, 25, more than two do dozen house democrats, demanding from house and senate leaders billions of dollars more for the irs, demanding more powerful irs to go after to audit people, small businesses over their covid relief? democrats won't give liability protection to businesses and schools for covid relief? what is going on with democrats in congress right now? they want a more politicized irs like under obama? >> you're exactly right. the american people get frustrated. they often get frustrated with both parties but look what is happening with covid, they put politics above people, they're getting into the real ideology here. they are declaring wars on business. they believe in socialism. especially the new members. they believe it's the government responsibility to take from a certain class of people and redistribute the wealth to another class of people they're doing it on the back of small business owners and risk-takers and also the workers, the people

that actually work and make our economy run. so we have a financial disaster in america. i will blame the biggest part of it on the democrat leadership in washington right now. elizabeth: listen, people know, listen, nearly 290,000 people are dead from covid-19. we have a huge amount of hospitalizations now. people know it's a problem but is the right thing to decimate small businesses who are also trying to do the right thing, doing social distancing, handing out masks, handing out gloves, handing out hand sanitizers? we'll work more on the story. congressman thanks for being on. >> thanks for having me. elizabeth: former acting attorney general mat thought whitaker growing controversy, eric swalwell is pushing back on attacks that he should step down from house intelligence after information surfaced that he got entangled with a alleged chinese spy. he will not answer questions

about the relationship. he blames trump on the story. he refuses to answer questions about it. we're digging into this story next. >> these revelations should be a shock and wake-up call to everybody in washington. i bet they won't be. we've seen the washington politicians and the d.c. establishment look the other way with china for years and years ♪ ♪ experience the power of sanctuary at the lincoln wish list sales event. sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first month's payment. with zero down, zero due at signing, and now with q4 wrapping up, the north pole has to be feeling the heat. it's okay santa, let's workflow it.

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♪. elizabeth: welcome back. you're watching the fox business network. we're coming into the bottom of the hour. more on california democrat eric swalwell getting entangled with a suspected chinese spy according to a bombshell report from "axios." former acting attorney general matthew whitaker, your take on this? swalwell trying to blame trump on evidence. what is your take. >> this is all senator swalwell's problem. this is bigger problem we all face. china is an adversary. they have been active not only in espionage, trying to get political information or intelligence but they're also probably our largest economic saboteur. they have stolen technology, we've seen it time and time again. they have poisoned our communities with illicit

fentanyl manufactured almost exclusively in china. and so, this is, i think a real cautionary tale what happened to representative swalwell and the real question is i haven't heard him answer yet, when did he find out this person had chinese government and chinese intelligence connections, and what did he do about it? elizabeth: what did he do about it? did he tell other democrats? did he tell adam schiff? did he tell nancy pelosi? it got so bad the fbi had to warn about his contacts with this alleged spy about five years ago. he goes full speed ahead on trump-russia collusion. he refuses to the discuss the details of his relationship with this spy. she reportedly had sexual affairs with two unidentified midwestern mayors, one from ohio. "axios," fox news, having a problem getting information out of eric wall well. his office is not answering questions. what do you think? >> i think he need full

disclosure on everything that happened. his relationship, the scope of his relationship. you know, whether he shared information that was of a sensitive nature. as many pointed out he serves on a very sensitive house intelligence committee and, you know, sort of who else is around him? if you're warned by the fbi that someone that is in relationship to you is a agent of a foreign power, that means that you're awfully close to this person. this is not someone you shook hands with at a photo-op. this is someone you have some form of relationship with, whether personal or professional. so i think, you know, representative swalwell owes all of us the explanation of details of this. elizabeth: he reportedly met this alleged spy in 2012 this is right around the time when china was doing the big belt and road global push for

megainfrastructure deals around the world. so this, this alleged spy reportedly planted at least one intern inside of swalwell's office. started raising money from big megadonors. reportedly worked on california democrat ro khanna's campaign. looks like the alleged spy was targeting a group of california democrats here. should wall well step down swall step down from house intelligence? that is what kevin mccarthy says. >> i agree eric swalwell should not be on the intelligence committee as long as he is not truthful. if we do a investigation, he proved eligible for clearances necessary to be on house intel that is one thing but right now this suggests he at least showed poor judgment and maybe even worse. elizabeth: we also have senator

hawley talking to tucker carlson last night. let's watch the sound bite. watch. >> not as if they haven't known, not as if they haven't known that the chinese had active espionage effort against elected officials and other targets. not as if they didn't know that china uses tech companies to spy on americans, trying to leverage information against us. it is not as if they haven't known that the trade policies and other economic policies we pursued with china have been ruinous for american workers. they have known all of that. they don't care. d.c. doesn't care around they still don't care. elizabeth: d.c. doesn't care around they still don't care? your final word, sir? >> no, senator hawley is absolutely right. i saw this when i was acting attorney general. we were very concerned what huawei was trying to do by penetrating infrastructure around the world. we were concerned about the hegemony of china not only in

the pacific rim but also worldwide with the belt and road, the new digital silk road they're trying to do. so they're -- china is an adversary, and needs to be treated as such. really the attention we wasted during the trump administration on russia would have been better spents especially by democrats on china and what they're doing. elizabeth: matthew whitaker, great to see you. thanks for coming on. >> thank you, liz. elizabeth: still ahead republican strategist ford o'connell, we're going to stay on the story, a big victory for small businesses including bars and restaurants in california. a judge in california issues a stinging smackdown on los angeles county's quote, arbitrary lockdown rules. we've got also this story, the list is growing of shutdown hypocrites. we found even more examples of politicians breaking their own lockdown rules. stay with us. >> these restaurants, especially in the great weather of

california, really need an opportunity to operate at any level. they cannot survive, ladies and gentlemen, just delivering to go. we got to give them some balance of dining in, dining out, temporary dining. but listen we're in the restaurant business. we've been working through health regulations and protocols

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ask your doctor about everyday verzenio. ♪. elizabeth: let's welcome back to the show attorney ford o'connell. hey, ford, what was your reaction when you heard about the big victory for restaurants and small businesses? this california judge issued a stinging rebuke saying that los angeles county acted quote, arbitrary without rational justification when it outlawed outdoor dining. what was your first take on that? >> a hat tip to the judge in california. he is absolutely right. there is no science behind these restrictions and they're largely arbitrary. small business, their employees across this country are under

siege because of government abuse of emergency action. this is the public equivalent or legal equivalent of public taking of liberty and and and property without due process. elizabeth: the judge said cases related to bars and restaurants make up 3% of the nonresidential locations. the vast majority of those outbreaks were at fast-food chain restaurants, involved workers not customers. are we allowing this to be a permanent power grab as politicians break their own lockdown rules? >> i'm very concerned about the permanent power grab, when the government gets bigger, the individual gets smaller, we'll have a hard time clawing back that power over time. to your point be it is absolutely ridiculous in california actors can go to work, mom and pa sandwich shops are closed.

they're not in defines. they're trying to survive. elizabeth: let's show the rule the viewers the rules for thee not for me. we have full screen example. how can local leaders still get a paycheck, they're getting paid, how can they decide what is an essential business and shut down struggling businesses with just two days notice right before the holidays and not offer any solution to help them stay in their homes? are they creating, are these guys creating poverty and homelessness? that is the question we've got to ask? >> well, absolutely. most of these most onerous restrictions shutdowns, lockdowns, bans, what we call them are actually occurring in democratic cities. here is what is absolutely amazing they flaunt the rules while the powerless get hurt. the democrats call themselves the party of the working class. what they're doing they're hurting ordinary wage earners. okay? they're essentially exacerbating income inequality at a time

people are hurting the worse. the democratic power are about power and hurting the people that could well be their voters. elizabeth: the issue, again these elected officials they demand bailouts when it is their fault, what they created. the argument is every business is essential to those who started it, who own it, who run it. it is essential to the workers who have to put food on the table, pay rent and mortgages. the issue is, what is the best way to go forward? the little guys are saying hey, we're doing it right, doing it the right way, including the restaurant owner out there in california who saw nbc's show being, getting outdoor catering and she had to shut down her outdoor dining. we have a l.a. county supervisor eating outdoors at a santa monica restaurants hours after she voted to ban outdoor dining? >> well you make a great point here, emac. i'm against bans, lockdowns,

shutdowns, et cetera. you need to do it the way florida governor ron desantis did it. it should not be a blank shutdown or ban. restaurants are doing%. government buildings are doing 7%, we know what the answer is. shut down the government. elizabeth: that is quite an idea. maybe we'll take it up tomorrow. ford, good to see you. >> thank you, emac. elizabeth: okay. next up house intelligence ranking republican devin nunes, we're staying on the breaking news about hunter biden disclosing that the u.s. attorney's office in delaware is investigating his quote, tax affairs. a grand jury is involved here. we talk a lot about how the chinese and ukraine businesses hunter dealt with used a lot of offshore, off-balance sheet shell companies. suspicious activity reports from the treasury department about what hunter was doing. it looks like it is coming to fruition into potential investigation. we've got the story next

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♪. elizabeth: okay, with me now is house intelligence ranking republican devin nunes about the breaking news on hunter biden. great to see you, sir. the u.s. attorney's office in delaware investigating hunter's tax affairs. your reaction? >> look, i want to congratulate ron johnson and his u.s. senate team along with senator grassley of iowa. they did a hell of a job on this. this is why we know what we know because of the great work they did. this is long overdue. this probably should have been investigated manies many years ago. now let's just see. we have the ongoing problem here in washington where republicans and conservatives tend to be treated differently than democrats. let's hope they get to the bottom of all of this. let's hope people are prosecuted and held accountable, just like people were totally mistreated during the trump administration.

elizabeth: looks like this investigation from the u.s. attorney's office in delaware started reportedly in 2018. that is the same year that the chinese energy deal hunter was working on with china, that chinese company collapsed. hunter started getting paid allegedly inside deals in shell companies and off-balance sheet vehicles. that is what the senate report found. tony bobulinski was talking about that too. it involved suspicious activity reports out of treasury bank documents as well. it is unclear, where is this headed? this has potential political damage for joe biden. go ahead. >> first of all what i would say is that i don't believe this was anything but a coverup by people at the fbi. and you only say that because i've been through the last four years, five years, dealing with these cats. so i don't believe that for a second. i think the only reason because we had a brave american, mr. bob bob -- bobulinski, there was

overwhelming evidence. we have real leadership with bill barr. we'll see if this continues or will weigh have tarmac meetings at airports with the new attorney general who that may or may not be depending on the outcome of this. so i am by no stretch of the imagination can we let up on this. there seems like there is overwhelming evidence. this should have been investigated a long time ago. let's hope for the best. elizabeth: looks like there is a grand jury investigation. it is unclear whether hunter is the subject or a target and reports are coming in investigators are looking into associated with the u.s. attorney's office into hunter biden's laptop where the pay-to-play conflicts of interest information is coming out involving the biden family. >> yeah. elizabeth: joe biden is still not implicated for this. it matters for foreign policy. it involves china. it involves ukraine. your word before we go on to another story. >> i think it is important to remember, this was when the

president of the united states was being impeached for bogus accusations about negative tear just dealings with ukraine. don't forget, joe biden, obviously had his issues with ukraine, his issues with china. so i think he is very much involved. look, i have concern now that this investigation will be squashed. so we're probably going to have to look at, i will talk to my colleagues in the senate and the house, this probably needs to be a special counsel, similar to now we have a special counsel with durham, that is going to continue to look at the russia hoax. elizabeth: who is going to appoint that? are you going to push for that? >> yeah. i mean i think, i think judiciary members already have been pushing for that. let's see what comes out in the coming weeks but i, the way this has all been, it is very murky. i'm glad they're investigating it but we have to hold them accountable. elizabeth: congressman, on to this story. you and congressman democrat eric swalwell, you both sit on

house intelligence, do you think swalwell, did he talk about the suspected spy fang fang, did he tell you about his dealings with her, and do you think he should step down? >> this is something all new to the american public and to many people in congress. i think the answers so far that we're seeing out of swalwell, who ran around, let's not forget, four years accusing everyone of being russian agents, let's not forget, what i call a p-take truther. the promoting the steele dossier involved supposedly donald trump and prostitutes all this stuff while the whole time he knew that he had some of his own issues. i think we have a situation of the pot calling the kettle black. so i think everybody needs to know what did he know, when did he know it? what has been done since. elizabeth: are you going to push for a probe? are you going to push for a

probe? are you going to push for a probe of this and should he step down from house intelligence? >> at this point, at this point, this is not a decision that i get to make at this time. i think you've already seen our leader, kevin mccarthy has said he, i think he should resign from congress. look, he has time here to come out to tell us what he said. then we'll see, will he get reap.ed to the house intelligence -- reappointed the house intelligence. that is something that comes into my jurisdiction. we'll seriously have concerns about it. elizabeth: congressman, devin nunes, good to see you. >> thank you, liz. elizabeth: coming up, retired i.c.e. acting director tom homan, more migrant caravans heading to the border out of central america. we have this story, u.s. authoritys and law enforcement officials in central america, they're continuing to break up and smash cuban smuggling networks run by gangs like ms-13. that story next. everyone wants

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hit there. your reaction to this story? >> look i said six months ago, liz, this is going to happen. when joe biden made promises during the campaign, you know, saying he is and all trumps policies he might have had a conference call with criminal cartels to tell them you're back in business. i will end the successful programs president trump put in place that resulted in a decrease of illegal immigration like we've seen never seen. unprecedented success. he is going to kill it out of spite. i just think, look as a border guy, been doing this three decades i'm upset. border patrol agents are upset. i.c.e. agents are upset. the american people should be upset. we have a right to have a secure border to protect americans. it is ridiculous what joe biden promised and the results are happening because of the biden effect. elizabeth: we have one caravan possibly heading out of honduras. another one within weeks.

another coming in january. that is what we're hearing. to your point, "politico" reported that a source close to the transition team, that the vice president putting official at department of does just to dismantle trump's immigration reforms. here is the thing, senior law enforcement officials here in the u.s., el salvador, guatemala, honduras, how ms-13 gang members and 18th street gang are involved in human smuggling, right? >> two things, want to talk about biden has been attacking president trump for response to covid. how he is not doing enough. covid, wants a national mandate on mask, the other stuff. do you know because of what biden is doing, the biden effect more children are coming across the border, unaccompanied children being turned over to hhs. you know over 10% of those children have covid? what he is saying what he is doing, will have a tremendous

impact what happens in this country with covid. not only border security but health and safety of americans. letting people with covid into the country. elizabeth: yeah. >> as far as ms-13. i.c.e. has a attache office in guatemala, honduras and el salvador. this arrested in their countries based on our intelligence. 90% of the intelligence leads to arrest of gang members is u.s. intelligence. we're doing a great deal to help these countries playing away game, arresting them down they're ran get to the united states. elizabeth: we hear what you're saying. humanitarian sass say we need to help children with covid but border patrol caught 200, 218 illegal border crossers crammed into tractor-trailers in just two incidents. they were trying to cross you will legally from central america, south america, mexico, were wearing masks.

they put each other, border officials at risk for covid-19 and other infectious diseases. that image we're showing a camera of illegal aliens crammed into a tractor-trailer. none of them are wearing masks. >> i testified on the hill many times. this humanitarian crisis, they want to call it, it leads to a national security crisis. during the last family surge, border patrol said 50 to 60% of our manpower no longer on the line. they're changing diapers, making baby formula, making hospital runs. when half the border patrol is not on the line, opioids came across last year killed 60,000 americans. gang members come through, don't get arrested f somebody comes here to do a terrorist act, you will come across the border when the border patrol is tied up with humanitarian crisis. that leads to a national security crisis. that is why we can't anticipate it. elizabeth: the numbers are staggering. there were recently, i think

something like 700 gang members arrested allegedly involved in potential terrorist activity and human smuggling networks that span central america into the united states. since set of several, 11,000 gang members have been charged with things like human trafficking, human smuggling. the authorities are smashing dozens of human smuggling networks run by gangs. it is unclear whether the democrats are acting on this information, aware of it? what should be done about this story? >> first of all, for people like aoc, the squad, governor cuomo, governor cuomo, governor newsom, the incoming vice president if she ends up being the vice president, kamala harris, who compared i.c.e. to the kkk, they ought to be thanking i.c.e. because i.c.e. intelligence is leading to thousands of arrests outside of this country of people that would come to this country and commit horrendous crimes to this country.

gang members will come to commit crimes. we're stopping that outside of this country. they should be thanking i.c.e. rather than abolishing them. elizabeth: tom homan, good to see you. on "after the bell." see you here at the same time tomorrow. ♪ lou: good evening, everybody. wee begin tonight with breaking news. the u.s. attorney's office in delaware is investigating hunter biden's taxes. hunter biden, son of vice president, the former vice president, released a statement this afternoon. in that statement he said he was notified yesterday about the investigations. however sources tell fox news that the investigation of hunter biden and his taxes began in 2018. one ever the que