what were the facts before them. and where did those facts come from, what did they know about those facts. very importantly here, what should they have known about those facts given their duty to gather facts given their position. and then he's going to ask based on all of that were the representations they made consistent with the law. and it's the a very painstaking process because he has to go line by line, point by point and at each discreet point in time. but that's what he's going to do. elizabeth: all right. that's what he's going to do, and we'll see what happens. we're going to stay on this story. and, sam, we're going to have to bring you back in with your insights and perspective and knowledge. sam dewey, you're always terrific. thank you so much for joining us. >> thank you very much. elizabeth: okayful we're coming into the bottom of the hour. you're watching the fox business network. coming up, young americans for

liberty analyst kristin tate, a powerful judge delivering a new reckoning for new york governor andrew cuomo, ruling governor cuomo and his administration must now show the full count of covid deaths in nursing homes. this is related to the scandal hitting the governor about his executive order putting covid-19 patients back into nursing homes. the cuomo team has done everything it could, talked about everything else it can instead of that order. it's now accused of covering the story up. the story next. >> cuomo administration is trying to circle the wag gones here because -- wagons here because for months we were told by the media that governor cuomo was the model of governance in the time of covid, and what we realize is they callously cooked the books by at least 50% when it comes to nursing home deaths, and something tells me that may and something tells me that may only be the

you're clearly someone who takes care of yourself. so why wait to screen for colon cancer? because when caught in early stages, it's more treatable. i'm cologuard. i'm noninvasive and detect altered dna in your stool to find 92% of colon cancers even in early stages. tell me more. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur.

ask your prescriber or an online prescriber if cologuard is right for you. i'll get on it! that's a step in the right direction. use a single hr software? nope. we use 11. eleven. why do an expense report from your phone when you can do it from a machine that jams? i just emailed my wife's social security number to the entire company instead of hr, so... please come back. how hard is your business software working for you? with paycom, employees enter and manage their own hr data in one easy-to-use software.

visit paycom.com for a free demo. hon? first off, we love each other... sfx: [sounds of everyday life events, seen and heard in reverse] ♪♪ ♪♪ ♪♪ ♪♪ sfx: [sounds of fedex planes and vehicles engines]

♪♪ sfx: [sounds of children laughing and running, life moving forward] sfx: [sounds of children laughing and running, these days, we want sophisticated but simple. cutting edge made user friendly. in other words, we want a hybrid. and so do retailers. which is why they're going hybrid, with ibm. a hybrid cloud approach with watson ai helps manage supply chains while predicting demands with ease. from retail to healthcare, businesses are going with a smarter hybrid cloud, using the tools, platform and expertise of ibm.

♪ elizabeth: okay. let's welcome back to the show young americans for liberty analyst are kristin tate. kristin, it's great to see you. okay. new york supreme court judge -- thanks for coming back on -- a judge ordered new york governor cuomo's administration to basically reveal the total, release all records showing the full count of covid-19 deaths in nursing homes, not just those in nursing homes. this also has to include those that occurred in hospitals if the nursing home patient went to a hospital. as of midweek, he had five days to deliver. governor cuomo is saying he followed federal guidelines on this policy, but now this looks like it's getting worse for governor cuomo. ing what do you think? >> yeah. the public deserves to know the truth about how many covid deaths occurred on cuomo's watch. as cuomo was busy writing a book, literally praising himself for his covid efforts, he was allegedly cooking the books to obscure the number of deaths occurring in nursing homes. new york's attorney general,

laticia james -- who i'll point out, liz, is a democrat -- recently released a report accusing cuomo of undercounting covid deaths in nursing homes by up to 50%. and as cuomo was manipulating the numbers, he received an emmy award, he was the subject of glowing media coverage. there are thousands of families out there who are affected by this man's decisions who deserve the truth. they deserve accurate accounting. these are people's family members who died, their spouses, their parents. has cuomo no shame? it's one thing to make a bad decision, but then to lie about it for a year as thousands of people died because of your decisions? that's just moral depravity that should not be accepted by the people of new york or, frankly, any americans. elizabeth: you know, the cuomo team has been doing a full court blitz to talk about everything but, you know, the executive order that came out in march. the executive order said you've

got to take the patients back in, and you can't test them before they come back in. we're seeing demeaning personal attacks from top cuomo aide joseph hardy against a group of new york congressmen saying that he needs to be subpoenaed and put on the stand to talk about this under oath. we don't know if it would get to that. you're saying this should never have gotten to where this is at. >> never should have gotten to where it's at a. we need the truth. remember, this last summer the cuomo administration was reporting that about 48ing 00 new yorkers -- 4800 new york oersted had died in nursing homes. we now know the death toll was closer to likely about 12,000. so as cuomo was playing with these numbers, he was just busy shamelessly promoting himself. and i have to i saw, liz -- to say, liz, it was the media's glowing coverage of him that allowed him to just be so reckless about human life. consider that he recently had the audacity to say without any self-ing awareness that incompetent the government kills people. now, of course, he was referring

to trump when he said that during television interviews, but the anchors interviewing him did not push back on him at all. and when he was asked about the a.g. report that came out accusing him of cooking the books, cuomo tried to blame the trump administration, of course. but, you know, these deflections may have worked for the last year, but people are catching on, and there's a real demand now for the truth to come out. elizabeth: you know, it's gotten so bad, republican senator tim scott tried to push forward a new bill that would say, new york state the, you're not going to get any more federal money until you clean up your act and what happened with nursing home deaths. and what critics keep saying they point out, they find disturbing was when the cuomo administration back in july released a report exonerating new york governor cuomo's executive order saying that wasn't the cause, but blaming nursing home workers and nursing home visitors for spreading covid-19 inside nursing homes. people found that really galling, because nursing home

workers also died, and the visitors lost their loved ones. so, you know, where does this go from here? where does it go? what do you think, kristin? >> we need transparency, we need the truth, and, you know, what's even more infuriating about this, liz, is that for the last year cuomo and hissal a lies in the media -- his allies in the media have been focused on criticizing other governors like ron desantis in florida who have actually been making much better decisions. despite having more lax policies in terms of lockdowns, we've seen in florida much better statistics when it comes to death rates and hospitalizations. and yet the media just made desantis out to be the grim reaper. where's desantis' apology? hopefully now that all of this is coming to light with regards to cuomo, journalists will start doing their jobs and actually ask questions of the governor. because, again, there are thousands of people out there who lost loved ones. these might be statistics to

cuomo, but this is very personal to a lot of new yorkers. elizabeth: kristin tate, thanks for joining us. it's good to see you. >> thank you so much, liz. elizabeth: okay. today fox media and myself, we're all wearing red to raise awareness for the american heart association's go red for women movement. now, despite the devastating toll of covid-19, heart disease is the number one cause of death in the u.s. and world wild, so we, fox-wide, we are showing our support. up next, fox news political analyst gianno caldwell on how now even a top california democrat mayor, libby schaff, she's now blasting the defund the police movement saying it's wrong. it's led to an increase in major violent crimes against senior citizens and minorities in her city and also the damage is so severe what's happening there, taxpayers in oakland and also nationwide are going to have to foot the bill for what is going on. the story coming up. ♪

living with metastatic breast cancer means being relentless. because every day matters. and having more of them is possible with verzenio, the only one of its kind proven to help you live significantly longer when taken with fulvestrant, regardless of menopause. verzenio + fulvestrant is for hr+, her2- metastatic breast cancer that has progressed after hormone therapy. diarrhea is common, may be severe, or cause dehydration or infection. at the first sign, call your doctor, start an anti-diarrheal, and drink fluids. before taking verzenio, tell your doctor about any fever, chills, or other signs of infection. verzenio may cause low white blood cell counts, which may cause serious infection that can lead to death. life-threatening lung inflammation can occur. tell your doctor about any new or worsening trouble breathing, cough, or chest pain. serious liver problems can happen. symptoms include fatigue, appetite loss, stomach pain, and bleeding or bruising. blood clots that can lead to death have occurred. tell your doctor if you have pain or swelling in your arms or legs, shortness of breath, chest pain and rapid breathing or heart rate, or if you are pregnant or nursing. every day matters. and i want more of them. ask your doctor about everyday verzenio.

repair your enamel with pronamel repair. our most advanced formula helps you brush in vital minerals to actively repair and strengthen enamel. so you don't just brush to clean, you brush to build. pronamel intensive enamel repair. as doctors, we make evidence-based recommendations to our patients. in a recent clinical study, patients using salonpas patch reported a 49% reduction in pain severity. with 9 out of 10 using less or a lot less oral pain medicines. patients reported improved sleep, mood and the ability to work. effective relief. less oral pain medicines. and an improved quality of life. that's why we recommend salonpas. it's good medicine. ♪♪ ♪♪ [ engines revving ] ♪♪

it's amazing to see them in the wild like th-- shhh. [ engine revs ] for those who were born to ride, there's progressive.

i knew about the tremors. but when i started seeing things, i didn't know what was happening. so i kept it in. he started believing things that weren't true. i knew something was wrong, but i didn't say a word. during the course of their disease around 50% of people with parkinson's may experience hallucinations or delusions. but now, doctors are prescribing nuplazid. the only fda approved medicine proven to significantly reduce hallucinations and delusions related to parkinson's. don't take nuplazid if you are allergic to its ingredients. nuplazid can increase the risk of death in elderly people with dementia related psychosis. and is not for treating symptoms unrelated to parkinson's disease. nuplazid can cause changes in heart rhythm and should not be taken if you have certain abnormal heart rhythms or take other drugs that are known to cause changes in heart rhythm. tell your doctor about any changes in medicines you're taking. the most common side effects are swelling of the arms and legs and confusion. we spoke up and it made all the difference. ask your healthcare provider about nuplazid.

♪ ♪ elizabeth: let's welcome back to the show fox news political an risk gianno caldwell. it's always great to have you on. democrat oakland mayor libby schaff criticized the city council for moving to defund the police. now the mayor is saying innocent senior citizens are getting attacked. this is disturbing video. a 99 -- 91-year-old man violently pushed to the ground. your reaction? >> i mean, it's disturbing, but when you have a whole movement, an entire movement that the democrats have bowed down to saying we've got to defund the police, that was going to make matters better, what else did they expect? you look at the city of new york, bill de blasio cut a billion dollars from the police department budget. you look at los angeles, $150 million cut.

i think homicides are up 25%. this is happening all over the country, those who went and said, hey, we're going to defund the police, they're seeing the ramifications of those decisions, and at lot of -- and a lot of these elected officials are regretting what they did. they bowed to the movement, and here we are. you made your citizens less safe. it's disturbing. elizabeth: gianno, you and i, you've been on this show with us covering police brutality. we've covered it on this show. we've had police officers, sheriffs saying what they saw with police brutality was wrong, it should never happen, it's unacceptable. but when it swung into this other push to defund, they're warning also that when you defund the police, it hits minority communities and immigrants and in low income communities very hard. what do you say? >> you know, i was the national spokesperson for a large police organization, and i had these

conversations with those in leadership about police, police violence against citizens. and, of course, everyone said that it was wrong. but what was necessitated was more training and making sure you're disciplining those officers who go existence their own sworn -- against their own sworn duty to protect citizens and not do anything racist or out of the code of conduct. so at this particular point in time, i think that we need to go back to this idea of reforming the police via training. senator tim scott had a perfect bill to tackle this issue. the democrats doesn't want to support it because they wanted a wedge issue for the election, and now we have citizens who are even more unsafe in certain situations because people are defunding the police, and we don't have the police reform that we need. so you didn't, basically did nothing but made matters worse for those in this defund the police movement when it should be about police reform and not

defunding the police. elizabeth: yeah, we hear what you're saying. and you pointed out new york city. there's now a crime wave spiking, as you know, in new york city. there's also wild video coming in of a gang of armed robbers rampaging and stealing -- they were, they had weapons in a chanel store down in soho in new york city. gianno, it was a brazen daytime attack. it's called the grab and go crew. they're wanted for raiding up to 20 other high-end stores, and we've talked to police here in new york city and law enforcement are. they keep saying this is tied to the defund the police push. the fact that they're doing this so brazenly in broad daylight, your reaction. >> well, this is one situation, but it's not isolated. criminals feel more brazen because they feel as though they're not going to be, they're not going to be prosecuted, they're going to be let go in situations. you look at what's going on with

our county can prosecutors, how they're allowing these criminals to be released back on the street at a moment's notice after going in. and then you also have to keep in mind because of the environment, there are a lot of officers who are afraid to go in and really arrest some of these criminals because they don't know if their lives, their livelihoods are going to be in jeopardy, if they're going to be fired, if they're going to be labeled as a racist or anything like that because that's the environment that we're in. instead of just holding officers accountable, equally, we are beginning to see individuals calling them racist and say that they should -- elizabeth: got it. >> it's just a really bad environment right now for police. we've got to, we absolutely have to defend those who are doing their jobs the right way. elizabeth: okayful gianno, it's always great to see you. come back soon. gianno's a great writer too. >> thank you. elizabeth: coming up, retired acting i.c.e. director, tom homan. border crossers realize that

they can't just walk across in caravans. they've known that for some time. they get busted more easily by border authorities. so what's happening now, they are increasingly hopping onto trains. a large group now reportedly heading here, that way. plus, we've got a growing rebellion inside i.c.e. against president biden's border policies. we're going to break it down with tom homan next. with tom homan next. ♪ finally moved in. it's a great old house. good bones, wraparound porch. the pipes are... making strange noises. ♪bagpipes♪ ♪bagpipes♪ ♪bagpipes♪ even the plumbers couldn't help us. nope. at least geico makes bundling our home and car insurance easy. which saves us a ton. for bundling made easy, go to geico.com. stay restless with the icon that does the same. the rx crafted by lexus.

lease the 2021 rx 350 for $429 a month for thirty six months. experience amazing at your lexus dealer. at t-mobile, we have a plan built just for customers 55 and up. saving 50% vs. other carriers for thirty six months. with 2 unlimited lines for less than $30 each. call 1-800-t-mobile or go to t-mobile.com/55. mike shopped for the lowest mortgage rate and chose amerisave. a choice he'll never regret... ...unlike using perm plus, a shampoo which attracts cats. lots and lots of cats. visit amerisave.com now. lower mortgage rates mean higher savings.

♪ ♪ elizabeth: let's welcome back to the show retired i.c.e. acting director tom homan. tom, we know this has been a trend, caravans, border crossers, they know they don't want to get busted in a caravan, so now they're hopping onto trains. we hear this is an increasing phenomenon: there's one arriving at the border within days on train. what's your reaction to this story? >> well, during the last surge they also took the train. there's a big train, they call it the beach. it comes from the guatemala are border all the way up to nuevo laredo. and they do that because, number one, they can get around any military checkpoints, police checkpoints, they don't have to pay the smugglers. but they're surprised once they

get to the border, they do have to pay minute to be able to cross that -- somebody to be able to cross that border. it's a dangerous thing. 4-500 migrants can hop on and sit on top of the boxcars. many have been killed, legs lost, arms lost. it's just, it's a very dangerous thing. the mexican officials can stop it if they want. sometimes they do, e sometimes they don't. they have yet to take any action on shutting down the train. elizabeth: yeah. so when we've been covering these stories, we've always focused on the humanitarian angle that the u.s. is a humanitarian nation. we are pro-immigrant. it's that when you do it illegally, it is really dangerous because you're on the way, as you just pointed out, you could lose a limb, you know, hopping on a train and falling all off of it or, you know, face human smugglers, drug traffickers along those routes. so now we have this story, your reaction to the washington post reporting that mexico is saying, you know what? we're not going to a take a back

in central american migrants trying to cross the border. what's your take on that story? >> well, it's already happened. they're refusing to take family groups because of the title 42, the covid restriction. so right now, liz, no one's talking about it except this network. they're up to over 3500 encounters a day. now, do the math, that's over 100,000 illegal alien attempts, entries a month which is over a million a year. we're at the surge. the surge is here. but the real issue is mexico won't take back the family groups under the covid 42 restrictions which means border control's releasing people from the border every day, and they're not tested for covid. these people are being released into the country. now, they should go to i.c.e. detention, but the biden administration doesn't want any private detention facilities. the advocates are still arguing for president biden to end the use of private detention facilities which have basically shut i.c.e. down.

congress already cut i.c.e. by 40%. there was 2500 family beds, and you take covid restrictions into account, now you're down to 700. i.c.e. will fill them beds in one day, and everybody else is getting released into the united states with no covid test. elizabeth: okay, that's an issue. of we know texas is moving military medical personnel to its border. we're going to stay on that. we saw the growing rebellion inside the labor union for i.c.e. that basically the former acting dhs secretary, assistant secretary ken cucinelli basically struck a deal with the labor union for i.c.e., and the labor union now gets to sign off of? they have extraordinary power over even minor policy changes to the border, is that true? >> what i know about it, it's a bad decision, i think it's a bad agreement.

you can't take away the -- they're responsible for maintaining an $8 billion budget, executing the plan. it's my understanding the union has their place, a lot of men and women in the union -- it's going to be bad to execute emergency policies when you've got to bargain with the union ahead of it. it used to be bargaining which means we want to make a sudden change, you could bargain that after the emergency subsides, but this agreement is pre-implementation which means you've got to negotiate the union to respond to the emergency. it's a bad agreement. elizabeth: okay. we hear you tom homan. i have to clarify, he was former acting deputy homeland security

secretary, ken cucinelli. thanks so much for your insights, we hear what you're saying. come back soon. i'm elizabeth donald, you've been watching "the evening edit." thank you so much for watching. we hope you have a good weekend. ♪ >> from the fox studios in new york city, this is maria bartiromo's "wall street." maria: happy weekend, everyone. welcome to the program that analyzes the week that was and helps position you for the week ahead. i'm maria bartiromo. thanks for being here. keeping china in check, i sat town with former secretary of state mike pompeo as president biden makes his first speech on foreign policy this week. pompeo's message to the biden administration coming up. and then later, it is super bowl weekend. a record number of americans are expected to place online bets for the big game. i'll be speaking with the cofounder and ceo of draftkings coming up, jason robbins. but first,