have gotten it. david: gotcha. laura, best of luck to you. you're a great worker. you have a wonderful product. dickey's barbecue restaurants. service them. you won't be disappointed. trust me on this. that does it for us on "fox business tonight." we'll see you tomorrow. "the evening edit" starts right now. ♪. elizabeth: tonight the biden administration hit with its first crisis but it continues to downplay it and deny it. it is the humanitarian crisis at the border. an historic number of unaccompanied, undocumented illegal aliens minors, nearly the size of the entire population of berkeley, california, now expected to cross the border this year. with warnings they will be exposed to drug and human traffickers. this debate now, how do you fix a crisis you continue to deny? joining the show congressman brian babin, tom homan, ron vitello and new york state law i canner angelo santa barbara,

kristin state, deneen borelli, christopher bedford, sol wisenberg on today's headlines. house democrats on border straits up in arms over the biden administration denying a crisis, that it is just a challenge. the update on the horrific car crash at the border, being investigated as a human smuggling operation. more than a does now dead. defiant new york governor andrew cuomo declaring, no, he will not resign as he apologized for the sexual harrassment allegations against him, this after protests against him broke out this is happening just days after cuomo was criticized for downplaying his quote flirtations as being misinterpreted. this new irony. a law that governor cuomo signed just two years ago dramatically lowered the bar for proving sexual harrassment claims, making governor cuomo potentially liable under the new standards that he approved. also governor cuomo is not the ownly democrat governor facing

investigations for creating covid superspreader disasters in nursing homes. we'll tell you who else is facing the harsh spotlight there. plus, more on the fight over texas fully reopening. a growing number of states and cities are joining it. president biden today said that texas and mississippi are quote neanderthals for lifting liberal mandates. keith olbermann and michael moore says texas does not deserve the covid-19 vaccine. we'll get update on hunter biden justice department probe. we're hearing it is active and on going. information coming in. an historic number of criminal referrals to the justice department to investigate criminal leaks by government official toes the media. this happened during the trump administration. many of those leaks came during the fbi's trump-russia probe. thanks for joining us, i'm elizabeth macdonald. "the evening edit" starts right now.

♪. elizabeth: welcome to the show. you're watching the fox business network. let's get right at it with texas representative brian babin. congressman, you're co-chair of the border security caucus. what do you make the biden administration claim there is no crisis at the border? >> we know that is not true. biden, his policies, his rhetoric unleashed a building crisis down there. no matter what secretary of dhs secretary mayorkas says, he can't hide the fact we're getting more and more of a buildup of illegals coming across that border, unaccompanied children for one thing. in december, we had 1000. in january there were 5800. now they're expecting by may, to have 13,000. this is a crisis that was unleashed on america by this

president and his team. he is reversed the declaration of emergency on the border. he has undone the migrant protective protocols. everything he has done. now they want to deny it is happening but we know it is building. americans are at great risk and so are the migrants with these types of policies. elizabeth: yeah. historic 117,000 undocumented children expected to cross the border this year. that is quadruple prior years. "axios" is reporting that. this number is about the size of berkeley, california. now you and house republicans are requesting a briefing by the homeland security secretary. i mean homeland, hhs, rather, is hitting their shelter capacity in just about three weeks time. they need about 20,000 beds to handle the flood of children. what do you want to hear from

the homeland security secretary? >> we want him to convince us of the truth of what he is saying if there is not a crisis down there, let's hear the truth because we know that there have been leaked emails that have shown that he is messaged to his team, this is secretary mayorkas, messaged to his team that cost is no object. get ready. build some tents. get some construction going. get more facilities because there is going to be a hoard of illegals coming across this border and then he tells us this is not a crisis. he says this is a challenge. he says that president trump has left this, the dhs and the border situation in shambles when in reality it was more under control under president trump than i've seen in many, many, many years. many administrations as a matter of fact. this is a creation, let's just tell you this, president biden owns this crisis and he needs to

take ownership of it. so does secretary mayorkas. we want to get him in front of our house border security caucus and tell just exactly why this is not a crisis. elizabeth: former top border official tom homan is joining us later in the show. he is saying drug cartels and human traffickers make millions of dollars every time border security is weakened. white house press secretary jen psaki jen psaki getting insist assistant, downplaying this as a crisis, saying it is a challenge. when we're seeing children that are crossing unaccompanied, it is double the average last year. as of right now. it is expected to quadruple. watch jen psaki here. >> well, i would say, i don't think we need to meet your bar of what we need to call it. we have the secretary of homeland security yesterday conveying it's a challenge but again, we're going to approach this without labeling. we're going to approach this with policy, with humanity.

elizabeth: what is the point of downplaying it, calling it a challenge? >> mainly because they have demonized president trump and his team at dhs for years. calling it, him a cruel, a cruelty policy and that he is going to be replacing trump's policy, trump's cruel policies with one of orderliness. we know that is absolutely not true. you know, they continue to mislead the american public. they have taken the twitter feed, i.c.e. alert twitter which warns that the american people who is going to be released as a criminal into sanctuary cities and they have quit even having that communication. so they don't want anybody to know what is going on down there. there has been some conversations with mexico, with the northern triangle governments, asking them to stop these migrants that are on the way up here.

the biden administration does not want their fingerprints on this at all when they start turning these people back. okay. elizabeth: got it. the biden administration did shut down the i.c.e. twitter account for public safety alerts. there is a big uproar over that. congressman babin, thanks so much for joining us. let's bring back in retired i.c.e. acting director ronald vitello for his comments, his thoughts what is happening now. is this a crisis or is this just a challenge? >> no, it's a crisis. if it is not already it is right around the corner. 117,000 in may. this is a completely avoidable problem as the congressman saved. the tools that we had when the trump administration was still active, the migrant protection protocols and asylum in northern triangle prevent what is happening on the border right now. we sent a signal to the hemisphere, sent a signal to the globe we're going soft on border enforcement and immigration enforcement. these are the results.

it is extremely predictable. think about the workforce who has to go through yet again. think about a border agent who started career like i did in laredo, mcallen, in 2012. they saw a giant surge in 2014. they saw a five times worse surge in 2019. the trump administration gave them tools to abate the surges, protect people, show the flow. we threw out the tools out the window pretend it is really bad. this is bad for the people that deal with this the agents, families they have to go home every day. thousands and thousands of people coming across the border every 24 hours. you can build shelters and floor space. you will run out. there is a physics challenge. you have to have the people processed before they're released. if you don't have people to do that people will wait in long lines. elizabeth: got it. i want to play this sound bite montage from border representatives, border lawmakers including democrats are really upset with what is

going on. let's listen to these congressman. watch this. >> when we send the wrong message to central america that if you make it to our southern border you're going to be processed and released, you're going to pretty much assure you will have tens of thousands of people coming up making this very dangerous trek. >> just telling you the green light is on now. we're open for business again. it is the worst message to be sending to the traffickers who are smuggling these kids across the border to see a 45% spike will take us back to the obama administration. they're very senator down there. it's a business operation. when you hear that messaging coming out of the white house, we're going to damage the, all the good we did the last four years to stop illegal immigration, it is going to be damaged within months. elizabeth: democrat representative henry cuellar is warning this is bad what the

bidden administration is doing. your reaction what these congressman said? >> they're correct. the constituents will have to live with the consequence of this predictable mistake and crisis. when you take the tools off the table you have predictable results. unfortunately false to the employees of dhs to pick up the pieces. elizabeth: we have 108 border-crossers released by border patrol have covid-19, but they were released into society. we're not sure what the tracking is done for those individuals. your response to that story. a difficult situation. you have employees from the dhs, border patrol agents take these people into custody, process them, they're released. we find out later they have been infected with covid. this is not a food food good scenario for anybody involved. this is not good for migrants themselves, agents. those people are not staying in brownsville. they will go all over the

country. >> ron vitello, thanks for joining us, come back soon. new york state assemblyman angelo santa barbara on a defiant governor andrew cuomo declaring he will not resign. he apologized for the sexual harrassment allegations against him. more how governor cuomo could be in trouble because of a law that governor cuomo signed just two years ago that dramatically lowered the bar for proving sexual harrassment claims. he could be a potential target due to that law. the story next. >> well a week ago when i talked to democrats about this, they were rolling their eyes, claiming we were playing politics and treating cuomo unfairly but now this morning, the world has changed with respect to governor cuomo and many of the democrats are saying that, well, yeah that is something we probably should look into if he survives this sex all harrassment scandal. i think the democrats in washington see that governor cuomo is in serious trouble.

i don't think they want to identify with governor cuomo right now. they certainly don't want to defend him. certainly not on the sexual harrassment allegations. even now on the nursing home allegations. they see there is a pattern of misbehavior here. make my own in. and trulicity activates my body to release it. once-weekly trulicity is for type 2 diabetes. most people taking it reached an a1c under 7%. trulicity may also help you lose up to 10 pounds and lower your risk of cardiovascular events, whether you know you're at risk or not. trulicity isn't for people with type 1 diabetes. it's not approved for use in children. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy.

serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin raises low blood sugar risk. side effects include nausea, vomiting, and diarrhea, which can lead to dehydration and may worsen kidney problems. i have it within me to lower my a1c. ask your doctor about once-weekly trulicity. your doctor gives you a prescription you could use free 1-to-2 day delivery from cvs... but aren't you glad you can also just swing by to pick it up, and get your questions answered. - hello there. michael youssef here. that's healthier made easier. from cvs. have you ever experienced the pain of betrayal? when someone that you trusted has lied to you, abandoned you, or spread gossip about you,

your whole world turns to ashes. now you may feel you can never trust anyone again, but jesus knows the pain of betrayal and he knows how you feel. he was betrayed and abandoned by all of his friends, and yet when they repented, he forgave them. this same jesus is ready to forgive all your sins when you turn to him. he is the friend that you can trust always. will you come to him? come to jesus right now and place your whole trust in him. - [announcer] when you come to jesus, you'll find a god who can walk with you through the hard times that life can throw at you. visit findingtruepeace.com to learn about the one who will never turn his back on you, that's findingtruepeace.com. i want my kids to know... they come from people who... were brave. and took risks. big risks. bring your family history to life, like never before. get started for free at ancestry.com

♪. elizabeth: let's welcome to the show new york democrat assemblyman angelo santa

barbara. great to have you on. governor cuomo apologized. he said he was being misinterpreted over his flirtations and today he said he will not resign. your reaction? >> this is a critical time in our state w this governor in office a dark cloud hangs over our state capital. historically difficult for us to do the important work we need to do at our state capital. the governor is no stranger to the laws on sexual harrassment, saying he didn't know is unacceptable. sexual harrassment is defined by law, what he has said, what he has admitted to is enough for me to say that he should resign at this point to let our state move forward. elizabeth: so you, his approval rating just right now, you see it there, it is plummeting. you're voting along with other new york democrat lawmakers to strip him of his pandemic related emergency powers by friday, right?

to your point about the sexual harrassment law, he signed into law two years ago a new sexual harrassment law for new york state that dramatically lowers the bar for what constitutes sexual harrassment. he could be liable under the new standards he approved. what do you think of that? >> well in the past we have had members of our own legislature that have been removed because of sexual harrassment charges. he has come out, he always said we have a zero tolerance policy. he was quick to be the first to speak on those issues. and rightfully so, but now, you know, we're looking at his office, seems he didn't want to apply the same zero tolerance policy. he keeps repeating he hasn't touched anyone inappropriately. there is literally a photo of him touching someone inappropriately. today's press conference was very disturbing. his apology was nothing more than a political move to try to stay in office. i believe that for us to move forward into budget negotiations

with a governor that has lost credibility at this point, that has, carries with him these looming issues, he needs to resign so that we can get on to the important work of what we need to do at our state capital. elizabeth: assemblyman, thanks so much for joining us. angelo santabarbara we love to have you back on. will you come back soon and join us? >> i will. thank you for having me on. elizabeth: sure. let's welcome young americans for liberty analyst kristin tate. you heard what the democrat state lawmaker said. your reaction? >> well i would love to see cuomo step down but i don't think he is going to do that. he seems very defiant, today during the press conference he urged us all to wait for facts to come out before forming opinions. liz, i'm all for due process but cuomo and his left-wing allies created current standard we destroy people's lives around careers before any facts come out. i don't recall cuomo or other

democrats cautioning us to wait for all the facts when they promptly tried to destroy brett kavanaugh, based on decades old unsubstantiated allegations. to me this sex scandal is distracting away from the bigger scandal which is the cuomo administration's coverup of thousands of nursing home deaths in new york state after cuomo's disasterous nursing home policies were put into place but democrats, they don't want to talk about cuomo's covid policies because that would be admitting that the democrats, you know, policies of locking people up and destroying businesses have failed. this is the guy they have been holding up as the gold standard of governance for all of 2020. so they would rather just jump on the me tee me too bandwagon. elizabeth: we hear what you're saying. get back to the apology today. he gave a non-apology which was more like rationalization critics say including democrats. democrats have been raised.

i'm being playful. i'm misinterpreted. when there is investigation, now protests he is now apologizing. so we're staying on the story, we're hearing what you're saying accusations are sometimes tan at that mount to a conviction, there should be due process, yes but cuomo was one of the first to say women must be believed and he was declaring people guilty, like bret kavanaugh, other democrat lawmakers in new york state before due process. your final word on that? >> hypocrisy is stunning. that is why his popularity is plummeting. a new poll came out this week showing 2/3 of new yorkers don't think he should be elected for another term. so you know, he apologized to these women. i guess that is a good start but i would love to see him apologize to the 15,000 families who lost loved ones in nursing homes. i will not hold my breath for that. elizabeth: he is up for re-election next year. we hear you loud and clear,

kristin. thanks for joining us. >> thanks for having me, liz. elizabeth: sure. we're staying on the story. we'll bring in fox news contributor deneen borelli. the fight on texas fully reopening. a growing number of states and cities join it. we'll dig into the other states where governors are hit with covid-19 nursing home disasters. we're staying on this story too. biden today said texas and mississippi are quote, neanderthal for lifting mask mandates. liberals keith olberman and michael moore saying texas does not deserve the covid-19 vaccines. >> gavin newsom, there is a reason the guy is facing recall in california. his policies were too drastic for liberal voters in california. he shut the state down. he is destroying jobs. he is hurting kids

deposit, plan and pay with easy tools from chase. simplicity feels good. chase. make more of what's yours. discover the replenishing power of new pronamel mineral boost. teeth need natural minerals to keep enamel healthy, strong, and white. but every day, acidic food and drink can wash these minerals away, weakening and dulling enamel over time. pronamel mineral boost protects teeth by working with your mouth to boost absorption of calcium and phosphate which naturally strengthens enamel. pronamel mineral boost helps keep teeth strong, white, and protected from sensitivity. new pronamel mineral boost

opportunities are all about timing. so if you're turning 65 or retiring soon, it's time to take advantage of a plan that gives you more for your medicare dollar: an aarp medicare advantage plan from unitedhealthcare. call unitedhealthcare today to get $0 copays for all primary care doctor visits, $0 copays on preventive dental, and $0 copays on hundreds of prescriptions. in 2019, members saved an average of $7,200 on prescriptions. you'll even get free annual eye exams, and free designer frames. don't miss your shot. if you're turning 65 or retiring soon, learn about our wide choice of plans,

including ppo options, call unitedhealthcare today. we'll walk you through your choices and find the right plan for you. catching a good opportunity is all about timing. so, enroll today, before the moment slips away. it's time to take advantage. so you're a small business, before the moment slips away. or a big one. you were thriving, but then... oh. ah. okay. plan, pivot. how do you bounce back? you don't, you bounce forward, with serious and reliable internet. powered by the largest gig speed network in america. but is it secure? sure it's secure. and even if the power goes down, your connection doesn't. so how do i do this? you don't do this. we do this, together. bounce forward, with comcast business. why choose proven quality sleep from sleep number?

because a good night's rest is where muscles recover, and our minds are restored. the new sleep number 360 smart bed is temperature balancing. and it helps keep you asleep by sensing your movement and automatically adjusts to keep you both effortlessly comfortable. perfect for those relaxing weekends. proven quality sleep, is life-changing sleep. only from sleep number. ♪. elizabeth: welcome back. you're watching the fox business network. we're coming into the bottom of the hour. let's welcome back to the show fox news contributor deneen borelli. deneen, what was your reaction when you heard president biden today said texas and mississippi are quote, neanderthal for lifting the mask mandate? >> well it is ridiculous. typical president biden. no solutions but name-calling. biden would rather saddle our

children with debt with all this stimulus money they're trying to slosh around. liz, listen the best way to stimulate our economy is to open businesses. small businesses are suffering. parents want and need to get back to work and our children need to get back in school. children are in crisis mode. some of them are not getting nutritional meals. some of them are harming themselves. there is an uptick in the numbers with that happening. children are not learning like they should be remotely. so children are in crisis mode. our economy really needs to get turned around and by doing so would open up businesses sooner rather than later. elizabeth: yeah. these governors are saying, you don't need a mask mandate. people should know to do it on their own. they will keep the guidelines in place and urge people to wear a mask. the issue is, you need it cemented in law to make them wear masks?

michael moore and keith olbermann says texas doesn't deserve a vaccine. they're getting blasted for that. a growing number of cities and states on lockdown. iowa, massachusetts, missouri, cities are dialing back on lockdowns. u.s. cases have plunged more than 70% offer the past two months. your reaction? >> sure folks can of course still wear their mask if they choose to but i think it's a good thing these states are dialing back the lockdowns and the mandates that were hampering our growth and americans over a year now. folks can get the vaccines. vaccines are out there. people need to be responsible, respectful of others, doing the right thing, taking the right precautions, measures, so they can stay healthy and and can those sure round them.

elizabeth: we're hearing the debate about lockdowns don't work but they work creating poverty and children getting malnourished. it is worth noting the texas' per capita death rate from covid-19 is lower than new york, california and also, florida is also lower, their covid death rate is lower than new york. so this is, now that we're a year in, people are looking what works and what doesn't. let's listen to the that governor, ron desantis on this. watch. >> friends, legislators, and nor floridians, lend me your ears. we will not let anybody close your schools, we will not let anybody close your businesses, and we will not let anybody take your jobs. i see in many parts of our country a sad state of affairs. schools closed, businesses

shuttered and millions of lives destroyed. while so many other states kept locking people down over these many months florida lifted people up. we rejected the policy of sending contagious covid patients back into nursing homes. indeed, we prohibited the practice. florida also established covid-only nursing facilities so that infections in long-term care facilities could be more effectively contained and perhaps most importantly, we are prioritizing our senior citizens for vaccinations. elizabeth: you know, his approval rating is jumping. he is thought to be a presidential contender for 2024. your reaction to governor desantis there? >> yeah, governor desantis did all the right things for his state and for his constituents. you look at new york state, for example, governor cuomo, he did the exact opposite. they're seeing the consequences of governor cuomo's actions. so desantis, make the right

calls for his state, for his constituents. people are looking to him as a possible contender in 24 because he is viewed as a leader. elizabeth: you know, we're also seeing this happening too, michigan governor gretchen whitaker, the democrat leader of the state of michigan, she is phasing statewide criticism over her severe lockdown rules. we're finding that judges ruled her rules are arbitrary, unconstitutional, and deneen, over 170, one, seven, zero, of her orders in michigan, almost all of them have been rescinded, negated, wined out for being wrong. what do you say to that? >> well, it's horrible. governor whitmer has done a disservice to her state and to her constituents with these harmful lockdowns. there are investigations happening over putting

covid-infected elderly in nursing homes, not only michigan, but new york, pennsylvania, some other states. some of governors made the wrong calls, the wrong decisions. citizens unfortunately are ones who are suffering the consequences of people who are supposed to be leaders. elizabeth: all right, deneen borelli, thanks so much for joining us come back soon. >> thanks, liz. elizabeth: we'll stay on the story that deneen just raised with "the federalist" senior editor christopher bedford. new york democrat governor cuomo not the only democrat governor with a nursing home scandal. democrat governors from michigan, california, new jersey, pennsylvania, also ordered covid patients back into nursing homes. many of them face investigation. the story next. >> we didn't start counting those deaths until december. and then in the statistics things showed up, asterisk, vital records deaths. meaning we were going back in

time, finding people who died in covid and sticking in this month's category. meaning it is a mess, what happened, what are we doing to protect old people.

(vo) ideas exist inside you, electrify you. they grow from our imagination, but they can't be held back. they want to be set free. to make the world more responsible, and even more incredible. ideas start the future, just like that.

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...

just over a year ago, i was drowning in credit card debt. sofi helped me pay off twenty-three thousand dollars of credit card debt. they helped me consolidate all of that into one low monthly payment. they make you feel like it's an honor for them to help you out. i went from sleepless nights to getting my money right. so thank you. ♪ ♪. elizabeth: joining us now "the federalist" senior editor christopher bedford. hey, chris, not just new york governor andrew cuomo.

it is four other democrat governors with a nursing home scandal. we're talking michigan, california, new jersey, and pennsylvania. your reaction to that? >> we've been following this for some time now. we've been talking about this and it is good to see some democrats are holding andrew cuomo accountable for this. i'm worried about they're passing over a lot of hospital deaths and trying to peg this as a sexual harrassment problem, to your point, the deaths are much more major issue and something were followed by governor whitaker in michigan, governor wolf in pennsylvania and governor murphy in new jersey and governor newsom in california. i think they would like governor cuomo to be sacrificed. we remember covid and lived through the last year, despite what people try to do in politics and we can actually remember the past year and how stupid, on its face the idea of

putting is being people into nursing homes with the elderly? you don't have to be born during this century to understand that is a very, very bad idea yet they did it anyways. elizabeth: yeah, michigan and pennsylvania governors face investigations now from stout lawmakers. the pennsylvania nursing home deaths from putting patients back in. you know the deaths in pennsylvania from that are bicker in states with twice the population. half of the state deaths in pennsylvania come from nursing homes. michigan it is about a third. the issue there is no accurate data chris, to track it. in california state watchdogs have not been alerted. in michigan that case there the fight with the governor could go all the way to supreme court. we showed a pulitzer prize-winning journalist, hooking up with the mackey knack center, they may take it to the supreme court. what do you think about that?

>> the governors have in common here they have democratic legislatures trying to protect their governors m michigan and pennsylvania they have republican legislatures to push them to answer to this. i think it should go all the way to the supreme court. these governors have overstepped their bounds. they have made incredible decisions and used the death count counting in pennsylvania to justify destroying businesses, destroying lives, locking down families, locking away elderly people to die by themselves for their own good. they used some of the decisions they made, consequences of those to take away liberties of americans. that is the level of sickness we're dealing with here. when we go around to try to be careful, wash our hands, especially picking up grandma and grand pa or parents who might be ill, they were locking people who were vulnerable, helpless, little voice away for their own good and turning around telling us what to do? i sure hope it goes all the way to the supreme court.

elizabeth: we hear what you're saying. how can you follow their laws, excuse me their rule making, when they're making decisions like that. you know 2states followed new york in giving blanket immunity to nursing home executives, not the front line workers, we're talking the executives, the corporate executives that run the show there, blanket immunity from lawsuits. that is shutting down whistle-blowers. workers in nursing homes many make minimum wage, they are scared of management often times. your final word on that trend? >> why would we give any immunity with people who we charged with actually caring for our elderly. i understand people have to make hard decisions during lockdown of coronavirus. we ask them to take care of our parents. that is a big charge. i see, for example, governor cuomo got a lot of money donations from some of the same nursing home executives that is something we should look into further tomorrow. elizabeth: christopher bedford, thanks for joining us.

it is great to have you on. >> thank you. elizabeth: coming up former deputy independent counsel sol wisenberg. we got the update on the justice department probe for hunter biden. it is active. it is ongoing. the story next. trelegy for copd. ♪ birds flyin' high, you know how i feel. ♪ ♪ breeze drifting on by you know how i feel. ♪ ♪ it's a new dawn... ♪ if you've been taking copd sitting down, it's time to make a stand.

start a new day with trelegy. no once-daily copd medicine has the power to treat copd in as many ways as trelegy. with three medicines in one inhaler, trelegy helps people breathe easier and improves lung function. it also helps prevent future flare-ups. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. take a stand and start a new day with trelegy. ask your doctor about once-daily trelegy. and save at trelegy.com. hooh. that spin aclass was brutal.out once-daily trelegy. well you can try using the buick's massaging seat. oohh yeah, that's nice. can i use apple carplay to put some music on? sure, it's wireless. pick something we all like. ok. hold on. what's your buick's wi-fi password? buickenvision2021.

oh, you should pick something stronger. that's really predictable. that's a really tight spot. don't worry. i used to hate parallel parking. (all together) me too. hey! you really outdid yourself. yes, we did. the all-new buick envision. an suv built around you... all of you. age-related macular degeneration may lead to severe vision loss. so the national eye institute did 20 years of clinical studies on a formula only found in preservision. if it were my vision, i'd ask my doctor about preservision. it's the most studied eye vitamin brand. if it were my vision, i'd look into preservision. only preservision areds2 contains the exact nutrient formula recommended by the nei to help reduce the risk of moderate to advanced amd progression. i have amd. it is my vision - hi, this is michael youssef. so my plan includes preservision.

you know, healthy fear is a gift from god for our preservation. it helps us avoid real dangers, but sin has perverted fear, trapping us in chains of irrational fear. today, jesus can give you faith that conquers your irrational fear. will you come to him? - [announcer] find out more today, visit us online at findingtruepeace.com

♪. elizabeth: back with us now, sol wisenberg, former deputy independent counsel. sol, always great to have you on. okay the justice department investigation into hunter biden's tax affairs is quote, active, on going according to sources close to the probe. what do you say to that? >> it is not surprising at all. it is very clear it was a very serious investigation. been going on for a while based on suspicious activity reports from banks. those are the reports they're obligated to file. they get in big trouble if they don't. so it's the real deal. i'm disappointed there is not a special counsel. really this is why the special

counsel regulation was passed in the first place. while i'm glad merrick garland is going to keep the original prosecutor, david weiss around, i think it would be better to turn him into a special counsel or to appoint a special counsel. elizabeth: why? >> well, the president of the united states -- after he was elected, when he was president-elect, he was asked on stephen colbert's show about it. he said i'm not concerned at all. they're just using it to get to me and it's foul play. so what do you think if you're a prosecutor a line prosecutor, or a line fbi agent working on the case? that is just like when president obama said he was confident that hillary clinton did not endanger national security and did not intentionally hide her emails. it is not something you want to hear if you're a career prosecutor or fbi agent trying

to do your best or irs agent in this instance to investigate a case. it is inappropriate. he is the president's son. even if the president hadn't said anything, it should be handled by a special counsel. that is why the regulation is there. it is appearance of impropriety to make those kind of comments, and then not to put a special counsel in. elizabeth: there are reports that the senate report by chuck grassley, ron johnson, indicated really suspicious business dealings, potential money laundering, exposure to criminal espionage and exploitation about the business dealings hunter biden was involved with overseas actors. the special counsel would have it one next level up. but merrick garland, the incoming u.s. attorney general is saying he is not going to get involved in this but is he promising to keep john durham as a special counsel on the criminal probe on trump-russia probe? >> he has been a little more

careful, he said i see no reason not to let him continue the investigation. they asked for all the u.s. attorneys except this guy in delaware to resign and that included durham. they kept durham on at least for now as special counsel is, you know to look at the probe of the russia gate probe, "crossfire hurricane" probe but what garland says, i see no reason not to keep with him. he did not make the promise, the kind of promise that barr made about mueller's independence. so let's, let's wait and see. garland, he has a good reputation and he has a stellar reputation for honesty. so let's see what he does. elizabeth: yeah. you know, we'll take a wait-and-see on that. the intercept magazine is finding out based on government documents about the extraordinarily historic number of criminal referrals by the

trump administration for government leaks to the media. more than 330 criminal referrals to the justice department. the fbi leaked during the trump-russia probe. this is way more than the criminal referrals for a government officials leaking that came under the obama administration. your reaction to this story? >> well, you said there is an extraordinary number of criminal referrals. liz there were an extraordinary number of criminal leaks in the first year of the trump administration. so, it doesn't surprise me at all. these were outrageous leaks led by resistance to somebody who was democratically elected. elizabeth: all right. sol wisenberg, thank you so much for joining us. really appreciate it. up next retired i.c.e. acting director tom homan he is warning about the biden administration border policies. he is saying drug cartels and

human traffickers make millions of dollars when the border policies are weakened but exposes children to human smugglers. house democrats on border states are up in arms. the story next. >> we had pursuit left and right lately last two months. seen increase in amount of pursuits. year ago, we had similar to this one where we had a vehicle go head on with another one. we had 13 deaths. 11 of them were guatemalan nationals coming into this country illegally this is something we deal with on a daily basis on the border. significantly longer when taken with fulvestrant. verzenio + fulvestrant is for women with 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. ♪♪ these days, it's okay to do some things halfway... but taking prescriptions shouldn't be one of them. so cvs works to make them affordable with a proprietary search tool that looks for savings. plus we deliver, free. no wonder cvs customers are better than most at staying on prescriptions. which tends to make you healthier. get a free prescription savings review at cvs.

when you switch to xfinity mobile, you're choosing to get connected to the most reliable network nationwide, now with 5g included. discover how to save up to $300 a year with shared data starting at $15 a month, or get the lowest price for one line of unlimited. come into your local xfinity store to make the most of your mobile experience. you can shop the latest phones, bring your own device, or trade in for extra savings. stop in or book an appointment to shop safely with peace of mind at your local xfinity store.

larry: let's welcome back to the show retired eyes acting director tom homan. let's deal with the ice agent in the human smuggling investigation and the devastating car crash and the mexico border with cal ed, your reaction question. >> that is a perfect reason we need the wall when i was a border patrol agent in the late '80s i stopped in suv had over 200 quito's of cocaine i drove by there three years ago with some friends and there is a big wall, nobody is driving a truck through the wall, the place they drove was the old dilapidated

fencing that they cut down. this is another reason why walls are important they not only support border patrol in the operation, it saves lives it i've said it many times walls save lives, they would save these lives if they would've had a penetrated. elizabeth: it was cut in the ford expedition 25 illegal immigrants inside the ford expedition where the seats were removed to jammer people in collided with the big rig and left human beings are virtually scattered across the roadway. we hear what to say with the wall there, i want to move on to this, the biden the administration continues to deny a border crisis calling a border challenge now receive nearly 120,000 unaccompanied minors, illegal aliens potentially crossing this year, your

reaction to the story? >> you got updated from my contacts in the border patrol they arrested over 47 and one day that doesn't count 1000 got a ways how do they know there got away because their center tract and drone traffic or camera traffic and they count footprints over 1000 got a ways. were looking at 5700 crossings in one day, that is a crisis the problem with the children they haven't close the loopholes, the victims act so children come across, the government is going to finish the criminal conspiracy by delivering them to the parents were the sponsors that conspire what a criminal organization smuggling into countries to begin with if you look at the stats in the dhs immigration lifecycle report, the hundreds of thousands of children have been ordered to be removed because they didn't qualify for asylum, less than 3% in the country there waiting for the next giveaway, daca,

amnesty. elizabeth: we are hearing biden the administration official saying these are unaccompanied children crossing parents in central america are sending teenagers into the country to earn paychecks and then to send the money back home in these individuals, these children, thousands of children are exposed to human traffickers and drug cartels, your reaction to this. >> not only that i got upset when they said parents and children across the board, no, children are put at risk, loving parents don't put their children in the hands of criminal cartel. that is ridiculous. i want to mention one thing when we have the crisis in 17, 18, we did again operation in new york and arrested under 500 gang members mostly ms 13 gang members do you know 42% of the gang members we arrested into the country as uac, these uac's,

72% are the age of 15, 16, 17 were not talking about toddlers any come here for nefarious reasons or ms 13 gang members that claim their reuniting with families but they're really not family. this is much deeper than administration. elizabeth: uac means unaccompanied children, you said drug cartels and human smugglers make millions of dollars when border policies are weak, your final word. >> they push large groups of one sector, tie the border patrol up and go across the unguarded and smuggled opioids the last crisis 62000 americans died from overdose of opioids. elizabeth: tom homan, good to see you thank you for your service for our country, come back soon. thank you for joining us i'm elizabeth macdonald you been watching "the evening edit" on fox business that does it for us, we hope you have a good

evening ♪ ♪ ♪ ♪. larry: hello everyone welcome back to kudlow i am larry kudlow. the gloves came off today and the oval office vice president biden condemned decisions made by republican governors of texas and mississippi to lift their covid-19 mask mandate and allow their businesses to reopen at full capacity in a matter of days. despite other states gradually reopening across the country biden use this insulting description for texas in mississippi's decision. >> the last thing we need is a neanderthal thinking in the meantime