"fox business tonight" for tonight. thanks very much indeed for joining us. "the evening edit" will be starting very, very shortly but i will be back with you tomorrow night and. we look forward to seeing you then. us tonight. "the evening edit" starts elizabeth: big showdown with new attorney general nominee, republicans grilling judge merrick garland. so much more they talked about. republican senators came away unsatisfied. now we have this story. this is just tip of the iceberg with obama era abuses of government surveillances of americans, watch dog warnings. >> and with us rick grenell. and erica, kristin tate and brandonnd judd, we have disturbg

information about how the fbi even the irs, can track you on your devices without a warrant. that includes encrypted and lost iphones. we'll get you updated on the cuomo scandal. former assistance attorney general said that cuomo could face federal criminal charges over the cover-up of covid-19 covid-19nursing home deaths. connected to cuomo's orders. they are asking was that an attempt to scare people into silence and not talking to federal investigators, cuomo is denying all of this.

you may be surprised at number ofof stakes watch dogs say -- fr seniors and families. also cnn facing a credibility crisis, how it handled coverage of anchor chris cuomo's brother andrew cuomo, we launch our new exclusive "evening edit" series, your voice, america stands up, america speaks out against things like botched covid-19 lockdowns, defund police and so much more, you will hear from families now fighting back, they feel america deserves better. stories, from main street, they are speaking out. >> and this 18 state attorney general now urging president joe biden reinstate a nation wide i.c.e. dragnet operation to catch illegal sex ofenders.

thank you for joining us, i am elizabeth macdonald, the "evening edit" starts right now. elizabeth: okay, joining me back with us, rick grenell, former acting director of national intelligence, when rick speaks people sit up and listen, do you believe judge garland when he says he will protect justice department probe. to the abuses and also hunter biden. >> i have to say, senator grassley is so great on these issues, he was very aggressive with me. and pushing me hard to say, we need more information and transparency is what is called for. this isll a senator who holds republicans and democrats to account, he was tough on us. and very fair at the same time. i have to say that i share

senator grassley's confusion and worry that what the initial answersni from merrick garland were when asked, he could not say that you know this durham investigation would go on, unless there was some sort of a specific merit issue that they were dealing with. the only reason to get rid of someone is because of the substance is not right. that should have been a very clear and easy answer for merrick garland, it wasn't. i think everything changed today forrl merrick garland. i think most people had gone into this thinking, you know we voted for him in the past for judgeship. but when he was grilled to be the attorney general, i think he made some missteps and gave us insight to how he would decide on issues, i think that creates a lot of uncomfortableness for

g.o.p. senators. elizabeth: the republican senators would agree with you, fell he was putting space in between. what they want or -- really you have to get to the bottom. drilled down to d what happened. watch dogs justice department found 17 eomissions and misleadings and violations. you know, i would like you to listen to senator grassley. you are right, rick, he was explicit and also wondering, are you going to make the durham probe public. >> i don't want is a return to the obama years, i don't want an attorney general who bragged about being a wingman and those were his words to the president. that was arrogant.

-- eric holder, describing himself. i don't want a justice department that abuses fiso process to spy on american citizens that is why i am concerned about the durham investigation. simply said across fire hurricane. is a textbook example of the what should not happen during investigations, who obama administration did to trump campaign transition and administration, cannot ever happen again. elizabeth: what do you think. >> reminds me of all calls his with chuck grassley. this guy knows, the senator knows what is going on, he is in charge, he is get toth bottom of it and -- getting to bottom of it he and ron johnson they have dug deep to figure it out, and pick on something you said, we have seen evidence. that there have been disturbing

information. the documents that we released have shown people to lie. and to be very disingenuous on tv versus when they say under oath. the durham team needs to finish this. prosecute. i think that evidence is there. we have seen too much publish evidence, i know that durham has to go through the process, i trust him, let's see what he comes up with, we're at the point where we don't need any more analysis, we need action. i think that is the frustration, we have and we've seen evidence publicly let's get to the prosecution. elizabeth: judge garland testified it is totally inappropriate, thaate, that a,t, target targettt a a induabasedo this iou kno >t righe is a a a a ique o o the the f f yoabeth: yeah, y yeeehat

you are saying. wh haveaveed uer uer dar,rada ida whennmha tea teammt asksk f prisonime time for forn ititho doctoreocdtore a -ai forfo carterage, t t w a rump politicital b judgejuejuee garland slandayinlt inappropapprriatape. te. arearou con connt itttt wldldldo the political bias. >> no, i am not, the think that system, let me be clear, i don't biden team little bitticly comingnk in -- politically coming in, i don't think they are only ones to blame, the system, i went up against a lot of officials to try to getet them to understand the truth in front of their face. we have annt over classification problem, we have a problem in

washington where they really work hard to protect their open bureaucracies, this is a system that is protecting itself. fbi needs massive reform. and i say thatknowingful well there could be -- full well there could be consequences for me saying this. i have looked at people who want reform withinit the fbi and rank and file are asking for it they are trying to get to the bottom, they know the system is really a lousy system when it comes to those who stand up with the truth and want their superiories to notice it. it is pushed down, and classified away. it a very difficult system. this is you know we call it the swamp. and it is funny, when you think aboutal it but reality is that e swamp in washington is kind of intellectually named. because there are -- there is no

fresh water coming in it is stale, there are no new ideas it is stingy, all -- they give life to fact we have a system in washington that protects itself that doesn't like outsiders or tnew information, they there ae protect their agency, we need senators like ron jon and chuck grassley will hold both administrations to account. we have some same leaders in trump administration in intel community that are now saying staying over in biden administration. elizabeth: republican representative ken buck sent a letter to judge garland last week, saying protect -- probe to hunter biden or otherwise appoint a special counts. today judge garland said there is no reason that will continue.

question, is there people edified by what judge garland is saying and former law partner for hunter biden's attorney, running at a doj probe, he recused himself. he is runs the criminal division. two things before we go. you are confident in the hunter biden case. have you been threatened with retaliation for speaking out. >> look, when you speak out, a whole bunch of things happen, crazy things happen all of the time, it's part of the job, you know what you are in for, i am not going to talk about those problems. i am fine. people should know this is part of the game. and we are courageous enough to hit back and fight, that is what we're doing to do it is right thing to do, i say hunter

biden's business partner, lawyer in this mess with doj, this interview was interviewing for the job when all of a sudden 50 former intelligence officials said don't look at hunter biden laptop it is russian disinformation. this individual was interviewing for a job and close to the biden team and should have spoken out. and said, no, that is not true. and so, i have a very you know big concern about those who when they see the truth they don't speak up. elizabeth: got it, rick grenell, we'll have you on soon, good to see you, thank you. for your service. >> thank you. >> coming up florida congressman on cuomo scandal, new talk from former assistant attorney general.

this a is a terrible nexus of money, power and greed. that is what watch dogs are saying, we have the update next. >> i am grateful to john, and to william barr for opening up this investigation, because if not for these brave people like john, to do this reports and feel this was important for us families over 15,000 of us here in newew york. i would not be here today, and i don't believe there would be an investigation into cuomo, high i think he would have been in the seat today instead of merrick garland. i mean it... uh-oh, sorry... oh... what? i'm an emu! no, buddy! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ we started with computers. we didn't stop at computers. we didn't stop at storage or cloud.

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go get'em, kev. well planned. well invested. well protected. voya. be confident to and through retirement. elizabeth: let's welcome back to show house judiciariry republican greg stuebe. great to have you back. saying that governor cuomo's under reporting and cover-up of nursing home deaths from covid-19, could lead to potential federal criminal charges, obstruction of justice, defrauding the government, what do you think? >> you know one thing to make a mistake at a -- as a leader and send covid positive patients to nursing homes where you have all at risk individuals then have those individuals die at high numbers, then admit you made a

mistake. another thing to deliberately mislead federal officials and the public about the deaths he had in nursing homes because of policy positions he took as governor of state of new york. if he violated, it appears based onon language used in the now finding out from people coming forward, he deliberately misled the public, and fbi. and when you have members of doj and fbi investigating deaths due to covid in nursing homes and you b are giving them misinformation that could be punishable, i hope there is a full, fair investigation, of the facts that we know now, if they are true, there are a lot of federal offenses that governor cuomo himself may have violated, you can't tell me he did not

know. elizabeth:ow it should be noted u.s. past around a half million people dead from covid-19. this is a doj probe involving false claims act in medicare, medicaid, he stonewalled democrats then justice department civil right division, that demanded data for all 600 new york nursing homes, and injuring -- jurisdiction to investigate fraud. >> he stonewalled string say -- trump administration saying this was a political hit job. it was not. look at new york and compare to states like florida, they had 16,000 more deaths than florida -- we're larger and more diverse and an more elderly population, itin because of the decisions ty

made. this is a disgrace to america and to citizens of new york. elizabeth: yeah. the government and cdc scientists did not have right data. new york state is considered a gateway to other states, they were misled when they were trying to stop and track the spread. so, government health officials were mislead, cuomo has been accused of a pattern of compulsive bulling to -- bullying to silence people from speaking up. and he ordered patients back in. hehe said don't test them, and a lot of states, congressman, mimicked and copy and paved what

governor cuomo did. states did the blankets immunity, thousand now there are whistleblowers in the nursing homes. new york democrats say, you are 7 1/2 times more likely to die in a nursing home in a state with that legal protection. >> that is why in states like good florida our governor limitedin any visittations to nursing homes, we know that thosets individuals that are at nursing homes are more at risk. to hide that information, how many people in florida died as a result to decisions made and information that was misrepresented because there were other states making decisions, based on the decisions that were played in new york because they had an epicenter of cases in the beginning. how many lives vehicle been

saved -- could have been saved if we had gotten accurate information hidden from us from new york governor cuomo. elizabeth: okay. kong so great to have you on. >> thanks you. >> former federal prosecutor jim trustee joining us with his take onec senators today grilling new attorney general nominee garland. we have new disturbing information about how government has gone next level in to tracking and doing surveillance of americans. >> we're talking the fbi and irs, we'll stay on the story for you next. [ engine rumbling ] ♪♪ [ beeping ] [ engine revs ] ♪♪ uh, you know there's a 30-minute limit, right?

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adamant that we could never let itbi happen again, fbi under a --abuse the fiso court. >> i am not there yet. they asked the right questions, they wanted a commitment that durham probe would be continues and same visibility that barr game the mueller probe. attorney general barr did not have to turn over that memo to general public, he chose to do that for the good of the order i would say. at the same time, gaur land is t in the office yet, not in position where he can say, i know what investigation involves, i could he gave a middlele ground answer, i am not inclined to shuter it down but i don't know enough about it. it is not reassuring but not a

disaster, hopefully, he will keep an open find and review it and keep it public. elizabeth: this fiso court is to catch i terrorists. we have seen fiso court used to go after political opposition candidate. they have wiretaps. when records, we're in a new era of government surveillance, seeing fbi, according to government watch dogs, they have an inhouse unit, that can crack into encrypted iphones, to track people. what do you say? >> there is always this technological cat and mouse between law enforcement and the bad guys it tough to keep up work sometimes normal citizens get sweep up in the lack of

privacy, i don't really begrudge the fbi for trying to keep up with the technology, there are people worthy of their inquiries, the problem is fiso court not about break down of criminal justice system in general or fiso court but individual bad actors, a group of people who thought the rules did not apply, they were happy to be political and their outlook because donald trump was on the other side. i think that there is need for accountability but not overhaul of the system. elizabeth: that is the issue, it is unaccountable government bureaucrats what senators grassley and ron johnson have been talking about and others, senators in both parties have been real worried about next level government survey length it took off urches -- surveillance, it took off under the obama administration, now irs tracking people without a warrant through their apps they are using for weather or

groceries. people are not liking this. >> if that is true, that is a horrible development. we're talking about the irs, not about dea or fbi or secret service, an agent that almost never brings emergency cases, they bridge cases to prosecutor they have looked at for years. the fact they ul claim a need to hava cutting edge surveillance ability is a little bit against my experience in government that ti had for 27 years before goig private. elizabeth: we have the john durham team. right, judge garland made statements he would protect it. the durham team, we have talked about this, they are concerned about political bias. and intelligence or fbi officials going after investigations. that is what happened with surface in trump russia probe.

political anti-trump bias, you are convinced that judge garland can clean it up. >> no verdict at-this-point. it's too early to know, this a huge character test, a giant test. for him as an attorney general to see if he will be transparent or fair minded and durham probe will get attention it deserves and biden investigation 200er i- hunter carries on. elizabeth: all right jim trusty thank you for joining us. >> thank you. elizabeth: still ahead, today we launching our new exclusive series, rolling out this week. your voice. america stands up, america speaking out against things like botched covid-19 lockdowns, defund police and so much more, next up san francisco salon

owner, she will talk to us about how politicians retaliated against her for speaking out after nancy pelosi got a hair do in herer salon. people fighting back, they feel america deserves better, the story next. >> get out. >> get out. sarah, did you know geico could save you hundreds on car insurance and a whole lot more? hmm. so what are you waiting for? captain ahab to help you find a parking spot? thar she blows! whoops! loading zone. darn it. pull hard to starboard! too small!

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erica for speaking out, how are things now. >> okay, we're trying to survive in california. the governor did let us open a couple weeks ago. so. we're all trying to get it back rolling here. >> youo -- talk to us about retaliation again you when nancy pelosi got her hair done in your salon, what was fallout from this? >> so, the retaliation that hurt most was the negative tie of the attack on my yelp page. consistentus e-mails, text-messages, threats to point that i was scared to reopen my salon. more so because i worked so hard, and so did my team for years to have get reviews we did, we had over 600 negative

reviews, for me to over come that and try to reopen was almost impossible. elizabeth: now you are reopened? >> no. i am not, i shut down my san franciscoo location. as for trying to reopen, a hair salon in california. weif have been shut down so many times, i wouldn't know when to reopen. to be honest. we -- majority of country has been reopened since june. and we just again reopened 3 weeks ago. >> this is painful, erica, we're tracking lawsuit that people are files again covid shut downs and restriction, and lawsuit, people are speaking up, filing lawsuit in every state except south

dakota and wyoming, we have 98 now businesses permanently shut down. closed. and the economy is lost almost 10 million jobs since start of the h pandemic, do you feel that you know, hair salons and restaurants can do the right thing? seems you are abiding by the rule, everything you were told to do you were doing? >> yes, we are. absolutely 100%, we should have been -- we supposed to reopen in san francisco in july. our covid cases were super low, mayor came out two days before all of us partitioned our salons and she said no. cthe cases had risen, i did my own digging, i called one of my friends nurse at one of hospitals, cases were low, we had have reopened, i have no idea why we didn't to be honest. elizabeth: we hear you, amazing that we're seeing politicians

pride themselves for their courage in locking citizens in their homes, and shutting down their accounts. in california, a lockdown state, but covid numbers look worse than florida. >> to be honest, the thing too, with newsom, his restaurants were a stone throw to my salon, he is a restaurant owner, he should be working with the people. they know that they can open safely. the reason why they have not, or why they didn't, i really don't know. you should put people before politics. and in california. there was nothing, no help, no -- i called my mayor, my local supervisor, no answers are if reopening, i think o now because of recall, newsom said we can reopen, he is afraid health get recalled. >> we hearr the same thing too

from people in california. stimulus that country needs is reopening, not 1.9 trillion in splenda pa --palooza, we have a lot of double standards. we found a judge in austin, texas, he was fined for violating his own stay-at-home order. >> you know, if you are going to be in politics, like, if you are going to have these rules, and comply and stay home go out and bust yourou butt helping us, you know. if you are a restaurant owner and a politician, you should be helping restaurants reopen. again you are right, double standards, i don't understand. id, don't. elizabeth: has anyone come to to you to help you from the government. >> no. no one. the people you know

who helped me, the people. the people. elizabeth: go ahead. >> local, owners, the people have come out to help, other business owners. elizabeth: nobody okay they shut you don't they don't help, thank you erica. good to have you on, come back soon, thank you. >> thank you. elizabeth: sure. coming up, young americans for liberty analyst kristin tate, cnn hit with a credibility crisis, in covering chris cuomo's brother, andrew cuomo. >> i am more focused on moral issues. that led to a loss of a lot of lives y for new yorkers, i am a new yorker. this is our governor with an imperial way of dealing with issues, may have put lives at

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elizabeth: let's welcome back to show, young americans for liberty analyst, christine tate. cnn -- with a credibility crisis with chris cuomo covering andrew cuomo, anchors are starting to cover it. we have been covering this story since last year. we have brian soldser, can you break it down. >> you right. all throughout 2020 cnn aired regular primetime ban tor -- ban tor between andrew cuomo and chris cuomo but made light of the horrific situation in new york,, a crunch worthy segment, chris cuomo held up a giant nose swab at an attempt of comedy,

this created a conflict of interest that made it impossible for network to accurately cover the cuomo administration, it is not surprise, most americans at-this-point, i i believe reale that cnn is an arm of the democratic party. it is just no surprise. elizabeth: so, andrew cuomo takes 10 appearances, on chris' show. no discussion of nursing home covid-19 deaths, story of the breaking out right at that time, cuomo press conferences, he did not talk about it. i don't think he mentioned it in his book i either. so, now, you know we have anchors like jake tapper, they haveve been covering it. but only recently, the story started last spring of last year, brian covers it but he did not push back when a guest, told

him that cuomo ordering patient patience back to nursing homes made now difference in covid-19 deaths, when democrats and watch dog groups say it did. >> the anchors at cnn refuse to their job while they wrap themselves in labels like journalist, throughout the year, as this isou going on, 13,000 nursing home residents at least in new york died of covid after cuomo's disastrous nursing home policies, this was a death order that could have resulted in deaths of thousands, while this was going on cuomo wrote a book praising himself for his handling of covid-19 it is pathetic, and glowing media c coverage is what allowed governor cuomo to be so reckless with human life, he is up for reelection in 2022, that could

be how cuomo is held accountable. voters in state of new york, know whatt is going on, now you have democrats in the state, saying that he needs to be held accountable. stripping him of his emergency power, probably will not be enough. elizabeth: all right. thank you so a much for joinings kristin. >> thank you, liz. elizabeth: up next, national border patrol council president brandon judd, 18 states attorney generals urging president biden put back in place, don't get rid of nationwide i.c.e. crackdown on illegal sex ofenders, we ask why was it stopped to begin with. that story next much we started with computers. we didn't stop at computers. we didn't stop at storage or cloud. we kept going. working with our customers to enable the kind of technology

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elizabeth: let's welcome back to show, brandon judd, first your reaction to this, judge garland at his confirmation hearing today to be next attorney general said he was not aware that drawing cartels game the u.s. asylum system when border patrol officials have known that for years. >> that is amazing, someone nominated to highest court in the land he did not know

criminalre cartels are using our own system against the american public, to create profits and generate high aims of revenue for the country of mexico and other country,. ita amazing that someone as high up as merrick garland did not know that was going on. if that is true, it is true, but that is really hard to believe. elizabeth: you know, thank you for your service. you and i have talked about it. this is about crime, not about legal immigration. it is about crime. if you cross the border illegally. try to do it that way, you are exposing yourself to criminal attacks, instead of just going to a port of entry, you can do is more safely. if you come in between and cross illegally, you could get criminally attacked. if you don'trt pay their fees, u

are a drug mule. a lot of crime the wrong way, that is their point. >> that goes right back to merrick garland, for him to say he did not know that it was going on. only people that cross between the ports are those what are pushed thereby criminal car pehls, generate -- cartels generating that revenue, we can't have this lawlessness, it is legal to go to a port of entry and ask for asylum, it is not legal to cross the border illegally to try to gain what you know the gain the system, to get what you are trying to get, that is the wrong way to do it. elizabeth: brandon, we have a coalition of 8 state attorneys general urging biden administration to reverse canceling operation talon, a operation that focusing and removing criminal illegal sex offenders, why that was

canceled? >> gain, it is politics, i see coming is, i believe that an injunction will come, if an administration said by policy, law enforcement officers cannot enforce the law when they see a crime happening this be struck down as illegal, even if biden administration tried to pass an executive order saying i.c.e. edging cannot take into custody people they know are here illegally, now if they cake them in and prosecutor say they are not prosecuting them, this is different, but to say you cannot take someone in custody that is violating the law, that is also a t violation of the law, but a violation of law by our government. elizabeth: ashley y moody, flora attorney general, said it disgusts me, they would cancel operation talon, we showed data.

and most serious prior 1 coin -s sex offenders. >> ask yourself, when is politics going to get out of the way of what is best for u.s. citizens, if there are 24,000 sex offenders in use, they have committed crimes against at least 20,000 citizens, you have to ask yourself, when is politics going to get out of the way for what is best for u.s. citizens instead of pandering to far left groups that want to see open borders, and push open border narrative they want to decriminalized the people that commit heinous offenses again u.s. citizens. elizabeth: are you worried about biden administration neutralizing i.c.e. a now, they

have to ask managers permission if they go after illegals charged with drug, crimes or theft? >> -- i am. you look at this, and you say, okay what are those magnetting that draw people across the border illegally if they know they come in to united states, and then there will be a safe haven,om if they will be able to get away with anything they want here in uss, because of this politic, of course, there is a condition ern, you are opening -- there is a concern, you are opening floodgates to illegal immigrants on border, this past week end there was a huge surge ofk illegal immigration in rio grande valley section in texas. elizabeth: thank you so much, and thank you for your service, good to have you on. >> thank you. elizabeth: him elizabeth

macdonald, you have been watching the "evening edit" on foxe business, hope you have a good evening. ♪. larry: hello everyone and welcome to "kudlow" i'm larry kudlow. today's question, big point why are the democrats and president joe biden hiding the good news about the fight against covid-19 that is a huge question, look at this, new cases of the virus have dropped 73% since the january highs, new deaths are down 769%. 64 million cumulative doses of the vaccine have been administered according to the cdc and that by the w