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 of administration hit with the first crisis but it continues to downplay and deny it's a human intern crisis of the border and a number of unaccompanied undocumented illegal alien minors nearly the size of the entire population of berkeley california now expected to cross the borderr this year with warnings that they will be exposed to drug and human traffickers, this debate now how do you fix a crisis that you continue to deny, joining the show congressman brian babb and, tom homan, along with kristin

tate, jeanine bonelli, christopher bedford and saul riesenberg on today's big headlines a big development, house democrats and border states up in arms over the biden administration denying the border crisis saying it's only just a challenge we have the update on that in the update on the horrific car crash at theat border now being investigated as a human smuggling operation more than a dozen nowsm dead. a defiant new engineer governor declaring he will not resign as he apologized for the sexual harassment allegations against him this after protests against him broke out this is happening days after cuomo was criticized for downplaying his flirtation to be misinterpreted and an irony bother governor cuomo signed two years ago dramatically lowered f the bar r proving sexual harassment claims making governor cuomo potentially liable under the new standard that he approved it also governor cuomo is not the

only democrat governor facing investigation for creating covid super spreader disasters in nursing homes and will tell your who else has the heart light, more on the fight over texas school reopening a number of states and cities are joining us president biden said texas and mississippi are neanderthals for lifting mask mandates, liberals keith olbermann and michael moore get blasted for saint texas does not deserve the color 19 vaccine ever going to get to the update on the hunter biden justice of department probe it is active and ongoing and new information coming in an historic number of criminal referrals to the justice department to investigate criminal leaks by government officials to the media this happened during the top of administration many of those leaks came during the fbi to russia probe they keep joining us i'm elizabeth macdonald "the evening edit" starts right now. ♪.

elizabeth: welcome to the show you're watchingab the fox busins network let's get right outu' wh texas representative brian babin and, you are co-chair of the border security caucus, what do you make a president biden and his team continued to deny and claim no crisis at the border. >> we know that is not true we know that biden's policies, hish rhetoric has unleashed a building crisis down there and no matter what secretary dhs secretary of new york has said he could not hide the fact that we are getting more and more of a buildup of illegals coming across the border unaccompanied children for one thing in december we had a thousand and in january there were 5800 now they're expecting by may to have

13000, this is a crisis that was unleashed on america by this president and his team, he has reversed the declaration of emergency on the border, he has undone the migrant protective protocols, everything that he has done and now they want to deny its happening but we know it's building and americans are great risk and so are the migrants with these types of policies. elizabeth: in a stork 117,000 undocumented children expected to cost the board of this year, that is quadruple prior year axioms is reporting that, this number is about the size of berkeley california, you and house republicans are requesting a briefing by the homeland security secretary, hhs rather is hitting their shelter capacity in just about three weeks time they need about 20000 beds to handle the floodod 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 saying there's not a crisis down there, let's hear the truth wet know there's been leaked e-mails that have shown that he has message tota his team this is secretary has message to his team that cost is no object, get ready, build some tents, get some construction going and get more facilities because there is going to be horde of illegals coming across as border he said this is not a crisis, this is the challenge and he said president trump has left the dhs and the border situation in shambles when intr reality it ws more under control with president trump that i seen in many, many years, many of administration's as a matter of fact, this is a creation, let me just tell you this president biden owns his crisis and he

needs to take ownership of it in soda secretary minorca's we want to get him front of our house border security and tell us why this is not a crisis. elizabeth: former top order official tom homan is joining us later in the show he is saying drug cartel and human traffickers make billions of dollars every time border security as we can white house press secretary jen psaki getting assistance, she's downplaying this is a crisis saying it is a challenge, when were seeing the children that are crossing unaccompanied it is double the average last year, as of right now it is expected to quadruple, let's watch jen psaki. >> i would say i don't think we need to meet your bar of what we need to call it we have a secretary homeland security conveying it's a challenge but again morgan approach this without labeling we will approach us with policy and with

humanity. elizabeth: what is the point of downplaying it and calling it a challenge? >> mainly because they've demonized president trump and his team at dhshs for years calling it a cruel of policy and that he is going to be replacing trump's cruel policies with one of orderliness and we know that is absolutelyot not true and thy continue to mislead the american public, they have taken the twitter feed, ice alert twitter which warns the american people who's going to be released as a criminal into sanctuary cities and they 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 and the northern triangle government asking them to stop the migrants

that are on there way appear in the biden of administration does not want their fingerprints on this at all when they start turning these people back. elizabeth: the biden of administration did shut down the ice twitter account for public safety alert and there's a big uproar over that. thank you so much for joining us. let's bring back and retired ice acting director for his comments in his thoughts on what's happening, is this a crisis or is this a challenge? >> it's a crisis if it's not already it's around the corner 117,000 in may thiss is a completely avoidable problem as a congressman said the tools that we have when the trump administration was still active the protection protocols in the asylum on the triangle prevent was happening on the border right now we sentw. a signal to the hemisphere and the globe and were going soft on border enforcement and immigration enforcement and these are the results if extremely predictable

and just think about the workforce that now have to go through this yet again think about the border patrol agent who started their career in laredo in 2012 and they saw a giant surgeon 2014 they saw five times worst surgeon 2019 then the trump administration gave them tools to abate the surges and protect people and slow the flow we taken those tools and thrown them out the window and try to pretend it isn't going to be back, it's really bad for those people to have to deal with this and go home with everyday, thousands and thousands of people coming to the border every 24 hours and you can build shelters and floorspace but you will run out there is a s physics challenge u have to have those people process before they released and if you don't do that people will be waiting in long lines. elizabeth: got it i want to play this soundbite from border representative, border lawmakers includingg democrats are really

upset with what's going on let's listen to these congressmen. watch this. >> will be spend the wrong message to central america fumigate our southern border your to be processed and released, you can pretty much assure you will have tens of thousands of people coming up making this very dangerous track. >> the green light iss on now, were open for business again the worst message to send to the traffickers who are smuggling these kids across the border to see 45% spike will take us back to the obama administration there very smart down there with the business operation and when you hear the messaging coming out of the white house we are going to damage and all that we did the last four years to stop illegal immigration is going to be damaged within months. elizabeth: democrat representative henry is also warning that this is really bad with the biden of administration is doing, your reaction to what

this congressmanin said? >> their constituents are going to have to live with the consequence of this predictable mistake in crisis when you take the tools of the table you're getting a bad result and unfortunately it falls to the employees of the dhs to pick up the pieces. elizabeth: we also have 108 border crossings released by border patrol who have tested positive for covid-19 but they really released into u.s. society were not sure with the tracking is being done for those individuals, your response to that story? >> a difficult situation you have employees from border patrol who have to take these people and they process them and then release then we find out they have been infected with copan this is not a good scenario for anybody thatd is involved is misery for everybody to get contacted with the migrants themselves, the agents and officers in the border community and those people are not staying in brownsville they will go all over the country.

elizabeth: thank you for joining us, we appreciate it, come backg soon. democrat new york estate assemblyman angelo santabarbara joins us on the defiant near cuomo that he's awkward to resign he apologized for the sexual harassment allegations against him more on how governor cuomo could be in trouble because of the law that governed under governor cuomo sign two years ago that lowered the bar for proving sexual harassment claims. he could be a potential target due to the law. that story is next. >> a week ago when i talked to democrat they were rolling their eyes and claiming that we were playing politics and treating cuomo unfairly but this morning the world ashamed with respect to governor cuomo and many of the democrat there saying that i is something that we probably should look into if he survives the sexual harassment 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 and they certainly don't want to defend him certainly not on the sexual harassment allegations but even now on thehe nursing he allegation, i think that there is a pattern of misbehavior here. ♪ i mean it... uh-oh, sorry... oh... what? i'm an emu! no, buddy! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪

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governor cuomo apologized, he was saying he was being misinterpreted over his flirtation and today he said he will not resign, your reaction? >> it's a critical time for our state and with this governor in office a dark cloud hangsgs over our state capital and makes it extraordinarily difficult to move forward with the work that we have to do in the important work that we have to do it our state capital the governor is no stranger to the laws on sexual harassment and saying he did not know is unacceptable sexual harassment is defined by law and what he has said, what he has admitted is enough for me to say he should resign at this point to let our state move forward. elizabeth: you used approval rating it is plummeting you are voting along with other new york

democrat lawmakers to strip him of his pandemic related emergency powers by friday into your point about the sexual harassment law he signed into law two years ago i knew sexual harassment law for new york state that dramatically lowers the bar for what constitute sexual harassment he could be liable under the new standards he approved, what do you think about. >> in the past we had members of her owner legislature that have been removed because of sexual harassment charges and he has comewe out and said we have a tolerance policy, he was quick to be the first to speak on those issues andd rightfully so but now were looking at his office is seems he does not want to apply that same zero-tolerance policy he keeps repeating he has not touched anyone inappropriately and there's literally a photo of him touching someone inappropriately. today's press conference is very disturbing his apology was nothing more than a political move to stayy in office and i believe for us to move forward

into budget negotiations with the governor that lost credibility t at this point that carries with him looming issues, he needs to resign so we can get onto important work of what we need to do it our state capital. elizabeth: thank you so much for joining us angelo santabarbara love to have you back on, come back soon and join us. >> thank you for having me on. elizabeth: let's welcome young americas for liberty and are analyst kristin tate you heard what the democrat state lawmakers said, your reaction. >> i would love to see cuomo step down but i don't think it's going to do that he seems very defined and during the press conference he just told how the facts come out before forming opinion but i'm also due process but is cuomo and his left-wing allies who created the current standard by which we just destroy people's lives and careers before any facts come

out i don't recall cuomo or democrats cautioning up to wait for the facts when they tried to destroy brett kavanaugh based on decades-old ups instantiated allegation that the other thing i'll say to me the scandal is distracted away from the bigger scandal which is the cuomo administration cover-up of thousands of nursing of deaths in new york state afterpo cuomos disastrous nursing home policies were put into place the democrats don't want to talk about cuomo's policies because that would be admitting the democrats policies of locking people up and destroyed businesses have failed and this is the guy they have been holding up of the gold standard of governance for all of 2020 so they would rather jump on the me too bandwagon. elizabeth: we hear what you're saying, let's get back to his apology today he gave a non-apology that was more like a rationalization including democrats saying questions have been raised and i think i'm

being playful and misinterpreting but now when there's an investigation and protest he is now apologizing, wee staying on the story and hear what you're saying accusations tend to come out as an eviction and they should bee due process but cuomo was one of the first to say women must be believed and he was declaring people guilty and immediately brett kavanaugh another democrat lawmakers secure newli york stae before the due process, your final word on that. >> that's exactly right the hypocrisy is stunning and that's what his popularity is plummeting, newport came out this week showing two thirds of new yorkers don't think that he should be elected for another term, he has apologized to these women i guess that's a good start but i would love to see him apologize and 15000 families who lost loved ones in nursing homes but i will not hold my breath for that. elizabeth: he's up for

reelection next year, we hear you loud and clear, thank you so much for u joining us. elizabeth: coming up or staying on the story we want to bring in fox news contributor doreen bertinelli, a number of states and cities join us later in the show we will dig into the another state with governors hit with covid-19 nursing home disasters and also the story t biden today for the texas and hamississippi are neanderthal fr lifting mask mandates, like a more getting blasted that texas does not deserve the covid-19 vaccine. that story is next. >> gavin newsom there is a reason the guy is facing a recall in california that his policies were to disastrous for the liberal democratic voters in california because he has shut the state down he is destroy jobs, hurting kids.

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elizabeth: walking back you watching the fox business network were coming into the bottom of the hour let's welcome back deneen borelli what was your reaction when you heard president biden saying they were neanderthal for lifting the mask mandates. >> it is ridiculous typical president biden, no solutions

but name-calling biden would rather settle our children with debt with all the stimulus money trying to slosh around, 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 schools, children are in crisis mode some are not getting nutritional and meals some are harming themselves as an uptick without happening in children are not learning like they shouldul be remotely, children are in crisis mode and our economy needs to get turned around and by doing so we need to open up businesses, sooner rather than later. elizabeth: the governors are saying you don't need a mask mandates, you gotta keep the guidelines in place and urge people to wear a mask, the issue is you need it cemented in law to wear a mask.

they said texas doesn't deserve a vaccine so the getting blasted for that we have a growing number of states and cities dialing back on lockdowns talking notro just texas were senile, massachusetts, missouri, cities are dialing back on lockdowns and u.s. cases have plunged more than 70% over the past two months, your reaction. >> folks can still wear the mask if theywe choose to but i think it's a good thing these states are dialing back the lockdowns and the mandates that were tampering our growth in hampering americans over almost a year, folks can also get the vaccine, the vaccines are up there and people of course need to be responsible and respectful of others and taken the right precaution and measures and they can stay healthy and safe for thoselt around them. elizabeth: we hear the debate that you're bringing up that

lockdowns don't work, they do work at creating poverty including extreme poverty and poverty among children were getting malnourished, it's worth noting that texas per capita death rate from covid-19, lower than new york, lower than california and also in florida lower death rate is lower than new york, now that we are year in people are wondering what doesn't, let's listen to run desantis on this. you. >> friends, legislators and floridians, lend me your ears, we will not let anybody closure schools, we will not let anybody closure businesses and we will not let anybody take your jobs, i see in many parts of our country as sad state of affairs, schools closed, businesses

shuttered in millions of lives andso destroyed while so many other states kept locking people down over these many months florida lifted people up, we rejected the policy of sending contagiousnt covid patients back into nursing homes, we prohibited the practice florida established covid only nursing facilities so infections and lawn care facilities can be effectively contained and perhapsnd most important we are prioritizing our senior citizens for vaccinations. elizabeth: his approval rating is jumping he's thought to be a presidential contender for 2024, your reaction to governor desantis. >> governor desantis did all the right things for his state and his constituents you look at new york state for example governor cuomo did the exact opposite and are seeing the consequences of governor cuomo's actions,

desantis made the right calls for his state and his constituents and people are looking to him as a possible contender 24 because he is viewed as a leader. elizabeth: were also seen thisap happening to michigan governor gretchen whitmer the democrat leader of the state of michigan facing statewide criticism over her severe lockdown roles were finding judges have rolled that her rules are arbitrary unconstitutional and over 170, 170 of her orders in michigan, almost all of them had been rescinded, negated and wiped out for being wrong, what do you say to that? >> it is horrible governor witmer has done a disservice to stay in her constituents with a harmful lockdowns, i think investigation is happening over putting covid infected elderly

into nursing homes not only in michigan but you nor, pennsylvania and a couple of other states, some of the governors certainly made the wrong cause, the wrong decisions in the citizens unfortunatelyeo are the ones who are suffering the consequences of people who are supposed to be leaders. elizabeth: deneen borelli thank you for joining us comee back soon. >> thank you. >> we are going to stand the story that she just raised with christopher benford near governor with the nursing home scandal, from michigan, california, new jersey, pennsylvania ordered covid patients back into nursing homes many of them face investigation, that story next. >> we do not count those until december and the statistics something you showed up called vital records gas meaning we were going back in time finding

people who died of copan and sticking them in this categoryat meaning it's a mess, what happened and what are we doing to protect all people. ♪

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other democratic governors with the nursing home scandal were techie michigan, california, new jersey and pennsylvania, your reaction to that. >> we've been following him for losome time and we've known abot this and been talking about it so it's good to see the democrats are starting to hold andrew cuomo accountable, the problem i'm worried that the passing over the hospital deaths and trying to pick it to sexual-harassment problem when to your point just now the deaths are much more a major issue in something that were followed by governor witmer in michigan governor walter pennsylvania, governor murphy in new jersey and governor newsom in california i think they would like to see andrew cuomo sacrificed beyond the next thing that we remember copan we lifted the last year despite what some people try to do politics we actually remember the last year and how stupid and honest was the idea of taking sick people

and putting them into nursing homes with elderly yet to be born during the century to understand that the veryer bad idea yet they did anyways. his program michigan and pennsylvania governors face an investigation from state lawmakers and the pennsylvania nursing home deaths were putting patients back in the destin pennsylvania are bigger than states that are twice the population half of the state destin pennsylvania come fromur nursing homes in michigan is about a third in the issue no data in the state watchdogs have notn been alerted and in michigan that case there the fight with the governor to go all the way to the supreme court we just showed the pulitzer prize winning journalist they may take this to the supreme court, what do you think about. >> whether the two places the

governors have in common that do have democratic legislators that are going to protect the governors were in michigan and pennsylvania then republican legislatures that will try to push to answer this, i think you should go to the supreme court because these governors have overstepped t. the bounds and ty made incredibly decisions and then use the death count that they were counting in pennsylvania for justifying businesses and destroying lives in lockdown families and elderly people to dine by themselves and their own good, they use some of the decisions they made and the consequences to take away liberties from americans that is a level of sickness that were dealing with, we go around trying to be careful and wash our hands and especially when you going to pick up grandma and grandpa or your parents might be ill they were picky people are vulnerable and helpless and telling us what to do, i sure hope this goes all the way to the supreme court.

elizabeth: we hear what you're saying how can he follow the rulemaking when they're making decisions like that, 27 states follow new york and giving blake immunity to nursing home, executives not the frontline workers were talking the corporate executives to runes te show, blake immunity from lawsuits that shut down whistleblowers and the whistleblower the workers in nursing homes many make minimum wage they're scared of management often times, your final word on that trend. >> why would we ever give immunity to people we charge with caring for elderly i understand people might have to make harder decisions during the coronavirus but we asked them to take care of our parents that the sacred charge and if you look into i saw earlier today for example governor cuomo got a lot of donations from the same nursing home executives that something we should look into further tomorrow.

elizabeth: christopher benford, thank you for joining us, good to have you on. elizabeth: former deputy independent counsel paul riesenberg he got the update on the justice department probe into hunter biden it is ongoing, that story next. ou shouldn't try at home... look, liberty mutual customizes home insurance so we only pay for what we need. it's pretty cool. that is cool! grandma! very cool. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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

best or irs agent in investigating case, it's inappropriate and he's the president son even if the president didn't say anything should be handled by a special counsel that's why the regulation is there the appearance of propriety to make those comments and i'll put a special counsel in. elizabeth: this also reports that the senate report by chuck grassley ron johnson indicated suspicious business dealings potential money laundering exposure to criminal espionage and exploitation by the business dealings that hunter biden was involved in with oversea actors, the special counsel would have it one next level of but merrick garland the incoming u.s. attorney general is saying he's not going to get involved in this but is he promising to keep john durham is a special counsel on the c criminal probe the trup pressure probe?

>> he's been a little more careful he said i see no reason to not to continue his investigation. they asked for all the attorneys except for the guy in delaware to resign and that included durham but they kept him on at least for now as special counsel to look at the probe of russia, the russian gate probe crossfire hurricane probe garland said i see a reason not to keep it, i'd had to meet with him. he did not make the kind of promise that bill barmaid about mueller independence. let's just wait and see, garland has a good reputation and w his fellow reputation for honesty, let's see what he does. elizabeth: will 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 term pressure probe, this is way more than the criminal referrals for government officials leaking they came under the obama administration, your reaction to the story. >> he said there's an extraordinary number of criminal referrals, there was an extraordinary number of criminal leaks in the first year of the trump administration, it does not surprise me at all and these were outrageous leaks led by resistance to somebody who isoc democratically elected. elizabeth: sol wisenberg take you for joining us we appreciate it. ♪. elizabeth: retired ice acting director tom homan's warning about the biden administration border policies he same drug cartels and human traffickers

make millions of dollars every time the border policy is weakened and exposes children to human smugglers, past democrats from border states up in arms on what's going on. that story next. >> we had pursuits left and right in the last two months we see the huge increase in the pursuits about a year ago we had very similar to this one a vehicle go head-on with another one we have 13 deaths 11 were guatemalan nationals trying to come into this country illegally this is something that wein deal with on a daily basis on the border. ♪ he needed his insurance to get it done right, right away. usaa. what you're made of, we're made for. usaa it all starts with an invitation... ...to experience lexus. the invitation to lexus sales event. get 0% apr financing on the 2021 is 300. experience amazing at your lexus dealer.

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elizabeth: let's welcome back to the show retired ice acting director tom homan let's do with the ice age and human smuggling investigation into the devastating car crash near the mexico border with california 13 illegal aliens dead, your reaction? >> that was a perfect reason why we need the wall when i was aboard a virtual agent back in the late '80s i stopped in suv that had over 200 kilos of cocaine i drove their tube years ago to meet with friends andre there's a big wall, no one is driving a truck through the wall in the place that they drove was

a dilapidated fencing that they cut down this is another reason why walls are important they not only support the border patrol in the operation is saves lives and this is a clear example walls save lives, it wouldn't save these lives if they had a law that could attorney general could've been penetrated. elizabeth: this was fencing cut near, a ford expedition 25 illegal immigrants inside the ford expedition where the seats were removed to gm more people in collided with the big rig left unfortunately human being scattered across the roadway we hear what you're saying having a wall there, i want to move on to this the biden administration continues to deny a border crisis calling a border challenge now receiving 120,000 unaccompanied minors illegal aliens potentially crossing this year, your reaction to the

story. >> my contacts in the border patrol they arrested 4701 day that does not count 1000 got a ways, the sensor tracker that they cannot respond to, jerome traffic and camera track enter traffic but a thousand got a ways were looking at 5700 crossings in one day. that is a crisis of the problem with the children, the children come through because they have a close the loop on the trafficking victims act the government is going to finish the criminal conspiracy byhe delivering them to the parents or the sponsors that conspired a criminal organization smuggling in the country to begin with and 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 did not qualify for asylum less than 3% left the country and there waiting for the next giveaway and the next daca and amnesty.

elizabeth: were hearing biden administration officials say these are unaccompanied children crossing, the story really is parents in central america are sending teenagers into the country to earn paychecks into send the money back home in these individuals, these children thousands of children are exposed to human traffickers and drug cartel, your reaction to this? >> not only that that's when we get upset the secretary and the children across the border, children are put at risk, loving parents don't put their hands and the criminal cartels that is pjust ridiculous, i want to mention one thing will we have a crisis in 1718 we did a gang operation in new york we arrested 500 gang members was the ms 13 gang members 42% of the gang members we arrested into the country as uac, these

uac's 72% are the age of 15, 16 and 17, were not talking about toddlers many comfort nefarious reasons ms 13 gang members they claim they're reuniting with family but they're really not family this is much deeper than administration letting out. elizabeth: uac means unaccompanied children. you said drug cartels and human smugglers make millionsar of dollars on border policies that are weakened. >> they push large groups to tie the border patrol up and they go across the unguarded section and that's when you smuggle opioids, 62000 americans died from overdose of opioids. elizabeth: tom homan, think for your service to our country, thank you for joining usoo i'm elizabeth macdonald even watching "the evening edit", 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 me