a reason why people are leaving. brian: the schools are open in florida and it's as simple as that. thank you very much that does it for us in "fox business tonight". "the evening edit" starts right now. ♪. david: tonight the humanitarian and national security crisis at the border is erupting in a political crisis on the capital. the secretary engaging in a war of words with republicans while testifying before the house arguing the situation is a serious challenge but again stopping short of calling it an outright crisis. joining us tonight on this in today's other big stories ken cuccinelli tom homan and jason smith along with michael montesano, kristen whiteman, john cox and brandon. also brace yourselves for tax hikes will tell you who is

getting them and how much it's going to cost you, to the latest scandals that erupt all over new york governor cuomo new and disturbing allegations about his treatment of one accuser. another damn governor deadline day for organizers of the movement to recall california governor gavin newsom in this just in american airlines is investigating a report that john kerry ignored biden's mask mandate and airline rules and flew in the first class seat without one. i am david asman in for elizabeth macdonald "the evening edit" starts right now. ♪. david: we begin with the growing crisis at the southern border taking center stage on capitol hill fox news jacqui heinrich is on capitol hill with more.

>> good evening secretary nine orchids to keep from republican members to basically accuse him in reading a response that was prewritten but he is also trying to highlight what he sees as this administration effort to deal with the migrant surge and a more humane way than the previous administration. he says they stopped the practice of expelling unaccompanied children back to mexico, increased housing capacity for children and made good strides in vaccinating border control. all lawmakers wanted to hear is whether the word crisis to describe migrants which top democrats and the white house have resisted using. an spoiler alert he did not. >> given the tremendous surge of individuals coming to the border is the call of crisis. >> i'm not spending any time on the language that we use. i'm spending the time on

operational response under the situation at the border. >> i'm almost done. >> he previously conceded the numbers on track to be the highest in 20 years and this past monday agents encountered double the number about a company children as on average monday last month but also the press has not had access to the facilities and no images of them the white house has cited privacy and health protocols. border virtual agent say they directed not to take any questions. the white house directed folks back to dhs. >> the white house and dhs instructing border agents to refuse right along request. >> as courtney did through the department of homeland security i appointed them to additional questions.

>> secretary elian german orchids to help manage the border and also acknowledge their facilities or overcapacity. david: to say the very least, jacqui heinrich toynbee deputy homeland security ken cuccinelli first your reaction to secretary mine orchids testimony today. >> it was like a video version of his long defensive statement that they put out yesterday. i think we saw and prefiguring of this when they're doing everything they can to not call it what it is, crisis and they are trying to avoid the fact and blame the last administration and they do it with the phrase along the lines we are building a broken system when in fact they came in and systematically removed virtually every program in place to stop and discourage illegal immigration even mexico

now is feeling overwhelmed by the biden effect that this president has very intentionally put in place. david: the trump administration entered into a crisis they had a crisis at the border and realized that and we sell the caravan stop and slow down and stop as a result of the stay in mexico policy and working more diligently on the walls and et cetera. so we saw a turnaround do you see any sign that this a administration is acting like there's a crisis going on in trying to respond, he talked about operational response but is not talking about prevention. david: what we all naturally think of as above they see as a feature. they want hundreds of thousands of illegals to come into this country and they plan to give them amnesty. that is the plan. so when that is your plan you

don't use ice to deport people back to their country, you do not tell them to stay home. you mouthed meaningless phrases to the press in this country and don't give them photographic access to these facilities that are wildly overcrowded including more children than ever had a number four. which of course has always been a sensitive point because it's children. they are playing a political game, they are not actually implementing any policy of exercising immigration law in this country. david: you let out a truth bomb essentially they have no intention of sending people back and they want millions of immigrants to stay here, to what end you think they hope to get a permanent class of democrat voters? >> when you look at the amnesty bills this week in the house and

h.r.1 in many of these folks to vote in their careful not to say noncitizens can vote but they automatically register in order the states to do that through h.r.1 political malfeasance act is what ought to be called. when you look at all of these things together it is a plan it's a plan on their part to bring in a bunch of voters people live they believe will be there voters in the future illegally and they don't care about the law despite the fact the president held up his hands were to withhold the execute the laws of the united states that's exactly what they're not doing and they systematically stripped away all of the tools because there's no one silver bullet that we built over years to control this problem. it is easy to destroy it is hard to build and we took years building policies and operations

to deal with this and only took days and weeks to destroy. david: if you're right about the political intention, first of all it is terribly disingenuous but more than that there are american citizens of the united states that are being harmed because of what is happening on the border and there will be thousands more harm over the coming months as a result we will talk to tom homan after you but bottom line this could be the most cynical exercise and immigration i've ever seen. >> absolutely and i'll let tom talk about the criminal side said you have him coming, he's an expert let me talk about economic side the end of 2019 we have the lowest poverty read under poverty rate and work in history ever that was not just from the deregulation and tax cuts it was also because we were enforcing immigration law which allowed poor americans wages to rise and one of the aspects of

the biden effect that is not being discussed is how it gives the economic shaft to american poor people, literally importing the illegal laborers who are going to work at the lowest and of the economic scale and depressed poor people's wages. that is a tragedy for americans that are already here in our fellow citizens who are our first responsibility to take care of. david: ken cuccinelli who may be closer to the truth than anybody either democrat or republican side talking about this. thank you very much for being here, i appreciate it. the spring and retired ice acting director tom homan. first of all let me talk about national secured crisis going on because we had four people apparently on the terrorist watch list arrested, speak to that point that this is not just

a criminal violation of the law that is going on there could be a national security threat as well. >> there is absolutely a national security threat yet understand the common cartel in mexico control the movement on their border the criminal cartel decide harmony people go there one sector and a lot of time they go through that sector in the sent 200 family groups to type the border patrol assets so they can move their drugs and bad people to the area if you're somebody that wants to come to this country and do us harm you can't buy a plane ticket because a database is after 9/11 is hard to get a visa because of visa security program set up in the information throughout the world. especially the database. if you want to come to this country and blow something up you don't come the same way 20 million others did to the southwest border especially during a family crisis like this in 40% of the manpower and diapers and making baby formula

and hospital runs, when half the border patrol is not on the line is vulnerable to this humanitarian crisis they call it creates a national security crisis and the differences president trump recognize that and declared a national emergency and shut this border down. this president is opening the border. david: the other officers were not on the line because they have too much work to do in terms of babysitting essentially the people that are under detention that are i.c.e. agents. you see a tremendous drop in ice apprehensions and arrest it went from 7000 in january 2, 2000 and february. my yard tens of thousands of extra immigrants coming in nearly decrease in ice arrest which means there's a lot about people who should be in jail that are not. >> absolutely 90% that they removed are no longer on the table because are not a

priority. this is by design this is not malpractice or incompetence this is by design so they can't make deportation, secretary mayorkas was a deputy secretary in 14 and 15, we had a surgeon how did we stop that, he knows this we built detention facilities and help people to see a judge and let ice remove 90% that did not qualify or show up for court that cut the surge down, they dropped it, what are they doing now nobody borders are not detaining people they're trying to release them as quickly as possible they're not even doing asylum interviews on typo that i said been crippled and cannot do their job, this is by design and more people being counted in the senses which president biden overturned that they don't need to vote they just need to be counted in the census and that's what who sits in the house of representative and how many seats they get. david: there's also a cost the human element texas governor greg abbott has been sounding the alarm in the biden

administration crisis of the border he said this today, watch and i'll get your reaction. >> he is going to subject thousands upon thousands upon thousands of children to the horrific trauma may be assault and human trafficking that these children have to go through as they make that trek through the border. i urge president biden do not traumatize these children, by enticing them to make this trek, you have the ability to put into this and ensure the safety of the children but not enticing them into the very dangerous trek. david: if president biden does not do that with governors like governor abbott the have to take up the slack and deal with the consequences deal with the children that have been abused and deal with the cost $800 million the state of texas is having to absorb and cost which should be observed by the

federal government. >> that's a good point all the thousands coming across right now people need to understand they come across themselves and their family chose to put them in the hands of criminal cartel we know what abuse they're getting 31% of women or family groups get sexually assaulted the biden administration by the policies given the green light to child traffickers in sex traffickers you're back in business. in children are going to die, i said that many times in many interviews and many dying children in my arms that died crossing the border, there's going to be more in its up to this president to secure the border and stop offering all these enticements so the vulnerable people come here and put themselves in harm's way. the wall saved lives president trump's policy save lives in a secure border, the right way to go when we should be going back that way. david: thank you very much, i wish it was better news and hopefully somebody is listening. house budget committee ranking member jason smith on president biden vowing to raise taxes and

a whole lot of folks will tell you who's at risk and how much they can be on the hook. that is coming next. >> repeat is nothing but let's governors reopen he will have a six plus goes under gross domestic growth over the pope under next year i don't know why he would want to ruin that with higher taxes, more shutdowns. ♪ h verzenio, proven to help you live 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

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david: welcome back everybody we've been telling you how treasury secretary janet yellen is looking globally to raise taxes in the u.s. just as the biden administration looking to hike corporate and personal taxes to pay for big-ticket spending projects. edward lawrence is in d.c. with a breakdown of what it means for your money. >> the global average corporate tax rate is 24% according to the tax foundation. right now the u.s. is under that only 19 countries in the world are lower that's been a big driver to move companies back into the u.s. the u.s. chamber of commerce opposed as ever by the biden administration to raise the corporate tax rate or any income tax for that matter as we emerge from one of the deepest recessions since a great depression.

>> you don't need to look any further than a hospitality, the aviation to see very clear examples of industries that are still hurting. a tax hike is not what we need to make sure those remain growing concerns provide jobs. >> the chamber says raising taxes could derail the economic recovery that hurts shareholders and affects companies to pay workers and slowdown hiring as many different into taxes. to keep companies in the u.s. the administration is looking to get other countries to raise their corporate tax rate to match the 28% rate. dna yellen is having those conversations now with the organization for economic cooperation and development is made up of 140 countries in the tax foundation says it will be a hard sell. >> it's difficult to get an agreement and to get to an implement to the agreement and its possible in the meantime businesses will be left with a lot of uncertainty and a lot of

potentially big tech implications of the decision. >> the u.s. chamber of commerce says to pay for infrastructure package they would support an increase to the gas tax but raising income taxes would only serve to hurt economic growth at a time when the u.s. needs to get everyone back to work. david: edward lawrence thank you very much. let's take a closer look with missouri republican jason smith the house budget committee and the ranking member of that committee. first of all after the last recession we did exactly the wrong thing when obama and biden were in power we raise taxes and increase regulation as a result we had the weakest recovery in history and it looks like were going right down the same road again. >> it appears to is absolutely the worst plan that the biden administration can have two raise everyone's taxes. if they want to know what a great economy and record unemployment for 50 years, they need to look to see of what a trump economy did what president

trump did by having the largest tax cuts in the history of the united states and more regulation than any other president in the history of the united states. that will make the economy grow but unfortunately click the biden administration is trying to do the opposite by raising taxes on the working class. david: which is what they did in 2011 and the terrible recession we had then. but it's worse now because now you have a house full in a senate full of people who veer towards the far left and you did not have as many back in 2009, ten and 11 so you have all the new ideas i will tax which has been tried by a dozen countries in europe and most got rid of because it's so bad and bernie sanders has an income inequality tax that is rolled out recently and as we heard janet yellen has a global corporate rate she's trying to get so it could actually be worse and that i

assume would lead to a worse recovery than we had the last time. >> will tell you the democrats that i sit within congress have not found a tax increase that they do not like. so for all the folks out there and working class americans i would be careful they will try every opportunity in the second risk to reconciliation that they're moving forward were planning to move forward is going to be the vehicle to read everyone's taxes. david: just to be clear you can shoehorn into the spending bill, new taxes, what kind of taxes would not through reconciliation be able to go through their. >> it is up to the vertical role or the senate parliamentarian when they would decide that but virtually i think everything is on the table and that is pretty scary they will increase the corporate tax rate, the individual tax rate and look at all the different changes to the tax code that will benefit their friends and donors, that's what they will do. david: i have one more question, question about whether or not

states would be allowed to lower their tax rates as a result of receiving help through the last covid act the $1.9 trillion, do you know anything about that with that prevent responsible state government from trying to lower their taxes? >> the biden bailout bill was just another example of let's pass and people can figure out what's in it the speaker pelosi said that is exactly the case this is another example of washington power grab where they are trying to tell states, guess what you take this money and you cannot lower your taxes. in fact the entire house republican ways and means committee and the entire house republican oversight committee set a letter to janet yellen raising this concern because it's unacceptable. david: good to see you you have your work cut out for you i'm glad you're in there. next up republican new york state assembly men michael montesano and governor cuomo

defiant in the face of worsening scandals the governor vowing again not to step down. >> i just feel like they are the lowest on the totem pole and nobody spoke out. even now the swirling news about sexual harassment, that is terrific and horrible but this cost lives, i lost two of my siblings and possibly my brother almost died from it to. that is half of my mother six kids. it is terrible. ♪ you can spend your life in boxing or any other business, but one day, you're gonna take a hit you didn't see coming. and it won't matter what hit you. what matters is you're down. and there's nothing down there with you but the choice that will define you.

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david: near governor andrew cuomo remaining absolutely defiant in the worsening scandals that threatened his political career and legacy vowing again not to resign. joining us now michael montesano gop of the new york state assembly judiciary committee good to see you. it looks as though it's going to have to be impeachment but there's a rub whether the fix is in because the law firm that is investigating the road to impeachment is apparently tied into the governor right? >> that's what i hear but no matter where you look at different law firms people have connections all over this is a thousand law firm plus support staff and the individuals that were selected to lead this investigation i believe are not

affected by any conflicts and they have good credential and background and i'm confident they're gonna maintain their integrity and do a good investigation. the eyes of all the states not only the residence of new yorkers. david: davis polk has a lot of connection and friends in high places, just about everybody andrew cuomo spent his whole life even grown up as a child in the political sphere. he knows he has great connections everywhere in washington and outside of washington that is probably why the president hasn't spoken directly about this. kamala harris is also avoiding the issue so is well-connected and pulling all the strings he has, you know he is. >> he definitely is, there's no question but i'm confident the information and everybody on the judiciary committee attorneys most of them are practicing attorneys and if we get the impression that there pulling the wool over our eyes we will

deal with that. david: everyday there's something you the most recent the attack squad he sent one of his accusers lindsey boylan the first accuser he sent out the attack ads and new york times got a hold of a letter they did not share with the public but they saw it and said it was nasty stuff. pretty much the stuff the bill clinton was doing when he was first accused. >> that's definite if you compare to what he did during his time and what the governor is doing now he's taken a page out of his playbook. david: what about the investigation frankly i think it's a lot more important because thousands of lives were lost because of the nursing home, could we be taking our eye off the ball could that ball be the one that leads to his leaving? >> yes that's criminal in nature and are priority on that issue very much so we will not let everything overshadow it it's right up front and it should be right up front.

as you noticed three federal agencies leading an investigation as well as the attorney general and if anything causes the impeachment it's going to be front and center. david: which investigation do you think will be the most difficult for him to handle, which of those three investigations. >> i would say the nursing home scandal because the omissions by the top-level staff people that they obstructed and covered up and they altered reports. they cannot walk away from that, comes out of their own mouth and secondly the sexual harassment claims that are very significant. david: the biggest difference i'm sure you know you have tens of thousands of people that were directly affected by what happened with the nursing homes in his cover-up of what actually happened wherewith the sexual assault you talking about maybe a dozen of people, just in sheer numbers of people who were affected by his actions, that seems to be the investigation

focused, we thank you for being here and thank you for the work you're doing, several even michael montesano just ahead on the former state department christian whiton on the wall street journal reporting the china plans to ask the u.s. to roll back all the trump policies when both sides meet for the first time tomorrow in alaska. >> the chinese have always had and they have been completely open about it they have had a plan to replace the united states is the dominant world power by mid century that is economically, technologically, militarily, politically and every other way. ♪

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david: welcome back i am david asman in for elizabeth donald the wall street journal says china plans to u.s. to roll back the trump policies when both sides meet for the first time tomorrow let's talk about what the u.s. needs to accomplish when it comes to senior advisor in the trump bush administration christian whiton, great to see you. you have to read through the story to get the not grab we read to the folks don't have to read through all the stuff. china wants reversed here is the first thing that china really wants reversed, limits on american sales to chinese firms

such as telecommunication company, huawei technology incorporated. that's really the job number one they are trying to increase their exposure to the united states with what huawei has to offer into to increase their ability to snoop on us and to drag the intellectual market of everything they can possibly bring back to beijing. >> david i think you're right, the export controls which were one part of what president trump enacted on china you recall they were stealing aluminum tariffs early in the administration and a rolling series of section 301 tariffs that apply to anything in the realm of technology but avoiding consumer electronics to avoid raising costs for u.s. consumers but then came export control that affected huawei in the subsidiaries and the chinese said this is a real company this

is not a state-controlled version of combining qualcomm and apple and a number of other companies that one which it is maybe even including the nsa if you will. basically china would really like to get back in the technology game but not only export controls on huawei but all sorts of appeasement to china across the board out of the administration. david: here's another thing that they want the exposure and their ability to bring communist leaders over to the united states and continue to do their snooping they want visa restriction lifted on communist parties and chinese students very important because of the institutes and state media journalist and they want to reverse the closure the chinese consulate in houston that's extraordinarily important for them spying on our technology right? >> it is you see they would like to turn back the clock to 2016

and the big question whether the biden administration will play along. david: exactly. do you think the chinese really feel like they have a winning hand with the biden administration? >> i think so because so far it tried to pretend the biden administration that the last four or five years did not exist is attempting to rejoin that ironically her deal and so far tehran has not served in turn reciprocated in a positive manner it is rejoined the paris climate accord and killed keystone xl in the last couple of days we learn they tried to reach out to north korea and reengage that has been a consistent failure across the last two decades. why would a return to president obama's appeasing policy toward china looking the other with cyber attacks and political and

cultural infiltration of the u.s. at the military buildup in the other chinese transgression. david: i got ago but do the chinese believe this a administration is a paper tiger. >> yes, i think so there going back to the playbook and going first to japan and south korea and the motions of alliance maintenance but getting down and sitting with the chinese and talking how we can have a better relationship of course were the only ones that will make concessions. david: if they came on any of the issues that i mentioned i think the chinese will think that they wanted their hand and they may do it yet. christian whiton, good to see you. california republican candidate john cox on the man whose job he wants governor gavin newsom and why today is pivotal in the fight to remove him from office. >> half the people signed are women over a third or non-republicans, 36%, you know what he is he's desperate

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david: today the deadline for recall gavin newsom organizers to submit signatures they say they have over 2 million, more than enough to get on the ballot in california and forces the democrat governor the phase a recall. let's welcome john cox. i just want to play for you a clip of newsom he reveals how desperate of a man he is right now, play the tape and get your response. >> the chief proponent of the recall petition supports putting microchips into migrants -- into immigrants. the other proponent the top ten proponent of behind this are members of the 3% is the right wing militia groups the proud

boys and folks that quite literally enthusiastically support he went on conspiracies and so that is the origin here. david: i just had on air and korean american congresswoman who was so insulted by that, she is the empiricist of the kind of person he's describing and she was really insulted by that i imagine a lot of californians are. >> welcome david happy st. patrick's day and welcome to a politician trying to protect his job, this is just incredibly sad that newsom is doing this. i do more serious note he forfeited the trust that voters should have had in him when he went to the french laundry and had dinner with a lobbyist despite his own orders. now he's eroding his trust even further by making the wild statements about who the proponents of the recall are.

there's a silicon valley billionaire who was given most of his money to democrats in the past. this guy is the early employee of facebook and he put $100,000 into the recall saying that californians cannot put up with this anymore and i agree there is all kinds of democrats and independents as well as republicans who sign the petitions, they want the state return to being functional again, my mother always said every journey begins with a single step. today the voters of california took the first step towards getting back a functional state and this wild reaction by governor gavin newsom will only serve to reinforce in people's minds the idea that he should no longer be the leader of the state and he will not be able to solve our problems and he will

not be able to lead and return the state to be an affordable and livable again. david: you touched on the thing that upsets people the most was violating rules that he himself put out there. by the way john kerry the former secretary of state global warming was caught on an airline today without a mask, there he is, he's in violation not only of the airline order but the guy he's working for the president of the united states. americans hate it when politicians do that. >> politicians will do what politicians do and that's a problem that hypocrites in most cases gavin newsom had his kids in private school in his business life is fine, i'm a businessman not a politician and i think that's what people want. david: great to have you on again. please come back and see us

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c you should all be fired from your day jobs because he is your employers knew that you were more efficient at the dmv you'd be replaced in a heartbeat but i literally just finished a conference call and having to multitask to be here to address you guys but you are a bunch of cowards hiding behind her children as an excuse for keeping schools closed but you think you're some sort of martyrs because the decisions are making when the statistics do not lie the vast majority of population is not a risk from this virus. the garbage workers to pick up my trash risk their lives every day more than anyone in the system. figure it out. you know what there's people like me and a line of other people out there who will gladly take your seat and figure it out. it's not a high bar.

raise the bar. >> brandon has been pounding the table on school openings a lot longer and a lot louder than many other parents but there are millions of people that feel exactly the way he does. brandon is here now and today brandon the biden administration announcing its spending more than $12 billion to expand covid-19 testing including to help get our schools reopened or that money was tucked away in the covid relief bill. it's just extraordinary. there is one excuse after another. it never ends but the money never ends either. they keep getting tens of billions of dollars for nothing. spin that's right. look my view what it is this is a state and local issue. if school systems need the money they need to be open now and that the federal government is going to sit that's fine but they should mandate that school open now five days a week to get those dollars. >> we have had pre-covid l. since last year, to last year

and $1.9 trillion this year. the total amount of spending in those bills comes to $193 billion for k-12 almost $200 billion for public schools. that's three times the annual budget of the entire department of education and they are getting paid more for doing less. it just doesn't make any sense. >> look it's a tough situation better teachers are in a tough situation. we want her kids back in school five days a week with their mentors and educators of what we need is our elected officials and local state and federal government level to step up and lead and we need plans put in place and the execution of those plans. >> we need parents to take control as well. a lot of parents forgot how important school boards were and they ignore them when they went to vote for their congress or

president or whatever. school boards have to get involved to change things to make sure the teachers union doesn't become the last say on what happens in the school. >> that's why was so passionate. if you're willing to lead step aside and this is brought to local elected officials to the forefront of the conversation. your local politics in her local taxes all of that mean so much our daily lives. >> brand and what about the choice of individual parents to be able to take money that is spent to educate their kids and go to a charter school that has basically been open, most of them are even go to parochial school. you favor more school choice for parents? >> i'm all about choice. we have it choice to be on line or in-person i personally want my kid in person. if you want to have your kid in a private school where place where they will get a better education i'm totally supportive of the dollars flowing into the parents and i like them to dictate the best thing for their families.

>> by the way i'm curious after your rant which gained national exposure did anybody from the education field get in touch with you to hear you out and hear what you thought needed to be done? >> i've had a lot of support from teachers they we want to be back in the classroom and i think the important thing is we have very important teachers throughout the country and they have a very important profession and we need the best educators teaching her children. >> don't we need the teachers union to get out of politics as well because so much of this is about politics collects >> i agree. a lot of this is political and i think the focus needs to be back on the children and not on the politics. >> you should a lot of people up, that's for sure and sometimes you need to shake people up before you get any action done. you need to shake the tree right down to the roots. you did it and we congratulate you for it. please come back and see us again.

brandon michon our pleasure. i'm david asman in for elizabeth macdonald and you're watching the you're you are watching "the evening edit" on "fox business." that does it for us. thanks for watching. have a great evening and we will see you next time. ♪♪ larry: hello and welcome back to "kudlow" i'm larry kudlow. markets today closed higher across-the-board a new record territory or that the dow at 33,000 for the first time and the fed made it clear there will be no tightening again. my guess is the federal never tightened in my lifetime. another topic not so good as controlled government spending under biden could soon be further enlace. this kind of breaks my heart. house republicans said they voted to embrace the return of earmarks in the secret ballot vote. the gop conference removed