sentenced to 2 years in prison in a 25 million-dollar extortion case. that will do it for us on "fox business tonight." as always we'll cover the markets and everything else for you. "the evening edit" is up next and starts right now. ♪. elizabeth: okay. we have a big fight now breaking out in the democrat party. we have rank-and-file moderate democrats again asking today how does the leadership manage to botch even the first vote, to simply debate a bill to fix roads and bridges? the senate just shot that down this afternoon. we'll show you why a big sinkhole has opened up under that and how the democrats strategies by pelosi and schumer, not working right now for the boyden agenda. with us tonight, senator ron johnson, tennessee's mark green, brian babin from texas, also

chris bedford, tom bevin from "realclearpolitics" and texas land commissioner george p. bush. also tonight we'll give you more on senator rand paul says he will make a criminal referral to the justice department alleging that dr. fauci lied to congress in testimony over nih funding over dangerous gain of function research. dr. fauci is heatedly denying this. the media blasting senator paul over this but a deep dive into government documents support senator paul's allegation. we've got dr. fauci in his own words talk about this funding on camera three years ago. now the big question is this, who is that, who exactly is on, at the stick, at the wheel on funding and oversight of this dangerous research into pathogens that can kill millions around the world? also five states have either reinstated mask mandates or they're threatening to do so.

senate majority leader chuck schumer warning americans get vaccinated against covid-19 or you will risk another shutdown depending where you live. we have more on a top aide to nancy pelosi and a white house official. they caught covid. we don't know if it is from the texas democrats. six of the texas democrats who fled to washington to avoid the gop-backed vote reform bill in texas, they're sick with covid too. we'll stay on the story. more hot water for embattled california congressman eric swalwell. we're not in an election year but campaign records show he spent more than half a million bucks in the second quarter. spent money on alcohol, limos, at the hotel where his wife once worked. also swanky dinners. swalwell is in trouble. he already is under the microscope for his relationship with an alleged chinese female spy. texas land commissioner george p. bush will join us tonight.

he will give us his take on his state agency suing the biden administration over the border crisis. we'll talk to him about harrowing stories for people at the border. farmers, ranchers, people in the community suffering major damage from illegal immigrants crossing into their property. they want the government to pay up. thanks for joining us. i'm elizabeth macdonald. "the evening edit" starts right now. ♪. elizabeth: okay. welcome to the show. you're watching the fox business network. we begin tonight with republicans blocking the senate from starting debate on a bipartisan infrastructure bill. they didn't get the 60 votes to overcome a filibuster. they're arguing the democrats are rushing the process. the final bill there is no bill even written yet. hillary vaughn is on capitol hill with more. good to see you, hillary. reporter: liz, senate majority leader chuck schumer was asked to move this vote today. he was told that it would fail. that republicans could not

support the first step move forward on what essentially was a shell infrastructure bill but schumer wanted to keep the pressure on them. he told them they could fill in the details later but republicans today saying no deal. they do need the details how they're coming up with an extra 600 billion in new spending included in $1.2 trillion hard infrastructure package. senator mitt romney saying they are still trying to work out an agreement if there will be a 80-20 split between spending on highway and transit or 82-18 split. there are questions if the math will add up, and what the cbo score of the final bill will be. but after the first failed try by senator schumer to pressure republicans to move forward on a bill mostly unwritten, the group says they're making progress. so the plan is for another do-over on monday. bipartisan negotiators think they can work out a deal over the weekend and be red to move forward on monday. liz?

elizabeth: hillary, thank you so much. it is good to see you. let's get a quick check of your money. dow, s&p, nasdaq all up after the one day route that began the work. unexpected earnings from dow members coke and johnson & johnson bullish sentiment from wall street. now senator ron johnson. always good to have you on. senate strategy here is backfiring. even house moderates don't like it. what do you say? >> liz, reminds a whole lot of nancy pelosi's famous statement we have to pass the bill before we determine what is in it. in this case we have vote for the bill before anybody knows what it is in it. it is obvious shouldn't have been voted on. we shouldn't have cloture. we'll see what negotiators come up with over the weekend. i still argue voting on monday we'll not all the details that shows the dysfunction of the senate under democrat

leadership. elizabeth: you know, the game-playing and the railroading that is going on, i mean remember last year nancy pelosi said we're basically going to delay covid relief until after president biden got elected. i mean americans are seeing right through this. you know, basically the democrats are saying republicans are trying to run out of clock but the democrats are trying to railroad massive spending bills on democrat votes without any bills written. how do they conceivably think that would fly? >> well, they have the backing of most of the mainstream press and social media but you know, elizabeth, we've increased debt over the last 18 months by more than $5 trillion. the democrats are absolutely dedicated to passing a $3.5 trillion budget which understates the cost of that budget. what they will do, they will lay in all kinds of new entilement bills. only score them over a couple of years. of course we know once an entitlement is in place, like ronald reagan said, the closest

thing to eternal life is a government program, they will never end. so they're gross i under state the long term costs of this $3.5 trillion bill but democrats are dedicated to spending money that we don't have and i just have to warn every american, you will end up paying for it either increasing inflation to wipe out any kind of wage gains you've gotten or eventually increased taxes. elizabeth: yeah. i mean senator braun is calling it an inflation bomb. so what's plan b for the other $3.5 trillion bill? because senate democrats still want that. are they still trying to go for that. what will happen? how do you see this playing out? >> one of the reasons i really don't agree with a separate infrastructure bill, i've always thought, yes we need to spend money on infrastructure but we, republican position should have been take the $700 billion of the $1.9 trillion supposedly covid relief package that isn't

spent until 2022 through 2028. repurpose that for $700 billion worth of infrastructure. that doesn't mortgage our children's future any further. democrats will spend $3.5 trillion in the budget. they will probably able to get that passed. all we do by passing a separate trillion dollar bill or however much new spending will be in there. they will leave a void filled with new entitlement spending. makes no sense for republicans to have fingerprints over the massive spending bills that will spark inflation. >> senator, democrats were not sent to washington with a mandate to spend everything. it is evenly divided senate. democrats have the slimmest house majority since world war i. in 90,000 votes went the other way republicans would be running things in d.c. now we've got six months into the biden presidency and we're seeing nothing, nothing right now on infrastructure.

nothing on vote reform which they wanted. nothing on police refor. nothing on the border. nothing on immigration. he inherited a investment-shaped recovery. jobs are coming back because of the shut-downs being lifted. what is the success here? more spending somehow magically rebranded as an inflation fighting in machine by the president? >> if you're a democrat you judge success ratcheting up government every time you have a chance to do so. they did it with obamacare. they did that with entilement. they proved themselves correct and we wouldn't repeal that and replace it. lay in new entilement programs. they're proposing every item on the democrat wish-list forever. they will put those programs in place, again score them in terms of costs over a couple of years but they are pretty certain that once you provide a benefit to any group of americans it is almost impossible to take that benefit away. this is their calculation.

they will be in power two years. so much of their program is unpopular. for example the border policy. they're willing to sacrifice majorities being able to ratchet up government one more time. hopefully they will get in power again and ratchet it up another time. elizabeth: senator ron johnson, good to see you. thanks for joining us. good to see you. >> have a good night. elizabeth: senator rand paul will make a criminal referral to the justice department alleging dr. fauci lied to congress over nih funding of dangerous gain of function supervirus research. dr. fauci heatedly denying all of that. representative mark green is next. he will break it down. you are watching "the evening edit" on fox business. >> yes. i will be sending a letter to the department of justice asking for a criminal referral because he has lied to congress. we have scientists that will line up by the dozens to say that the research he was funding was gain of function. he is doing this because he has

a self-interest to cover his tracks and to cover his connection to wuhan lab. now does he deserve all of the blame? no. there is still conjecture whether or not it came from the lab but he is lying whether or not he funded gain of function research and yes, he should be punished. ♪. coverage customizer tool? sorry? well, since you asked. it finds discounts and policy recommendations, so you only pay for what you need. limu, you're an animal! who's got the bird legs now? only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ front desk. yes, hello... i'm so... please hold. ♪♪ i got you. ♪ all by yourself. ♪ go with us and get millions

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♪. elizabeth: welcome back. senator rand paul announced he will be asking the justice department to criminally investigate dr. fauci for allegedly lying to congress over the nih funding of supervirus research. now dr. fauci heatedly denies all of this. supporters say don't pile on dr. fauci but a look at government documents and dr. fauci's own words show that his case is looking weaker by the day. joining us now, tennessee's mark green. congressman, you know, it is unreasonable and wrong to blame dr. fauci for the pandemic. we're not talking about that. this is about oversight. it is about stopping another pandemic that killed more than 600,000 americans and four million worldwide. dr. fauci's oversight, his explanations are not so cinematically picture-perfect. what do you say? >> no, i agree 100%. i agree with senator rand paul. it is very concerning both what he said to congress and his

emails. foiaed these emails. he was suspicious about gain of function research, he was very concerned about the nih and his organization funding gain of research through this organization called ecohealth. we know for a fact money was given to ecohealth. we know for a fact that they gave over $600,000 to the wuhan lab and the would wuhan lab wasg research so his statements to congress at a minimum are suspect. elizabeth: he never at any point addressed the facts, that the money was given to the wuhan lab, was for gain of function. wuhan lab chief scientist said so in 2017 they attributed nih funding for supervirus research. records at mit looked at that work and it was gain of function. the nih started funding this more than a generation ago

before the sars virus broke out. again the issue of oversight is huge. he can't sit there testify he doesn't know how the wuhan lab money was used, taxpayer money was used he is authorizing and signing off on? >> yeah, his integrity is somewhat in question, here they are saying clearly from a pang owe lynn. no one has found the pangolin yet. the longest it ever took to find the vector was nine months. we're well over 18 points now. we still haven't found it. china sacrificed hundreds of thousands of animals to try to find the vector. they haven't found it. this came from the lab. they were suspicious about it from the very beginning. and anthony fauci was deceptive about that from the very beginning. elizabeth: down played, also the fact that three wuhan lab workers were hospitalized with

covid-like symptoms in november of 2019. china has a long history of lab accidents. the government says the wuhan lab was working on bio weapons with china's military. dr. fauci, he denied the funding, he talked about it three years ago when the nih restarted funding of gain of function research, watch this. >> let me go on about nih lifts funding pause on gain of function research. let me explain this a little because when ever this comes out there is always pushing back and forth from the press. so like nih now is going to do dangerous research. no. as a matter of fact, it is exactly the opposite. so a framework has been now established to guide funding decisions on proposed research that might be anticipated to create, transfer, use enhanced potential pandemic pathogens. elizabeth: you know scientists keep saying you don't need this research to make vaccines but, let me back up.

he is now making up his own definition of gain of function ad hoc, on the fly in testimony. he is being criticized for hiding behind a technical definition to deny the nih was funding it. it didn't meet their new gain of function definition go ahead, congressman. >> if he thought there was concern about the definition why did he send the email at the beginning of the outbreak in he understands what gain of function is. he knows the purpose is to replicate virus in a laboratory in a rapid manner so it can be studied and i also understands the danger from a leak from that. here we are funding a laboratory with known leaks, doing gain of function research and in a country that is at a minimum a competitor and some would suspect an enemy. some would call them an enemy. here we are giving them the capacity to do this. it is absurd. elizabeth: you know, if everything is a-okay why is the

dr. fauci and nih stonewalling, senators mike brown and josh hawley? they're asking to release classified information about the funding and he won't do it? the pandemic caused the biggest drop in life expectancy of world war ii. hispanic and black americans are seeing three-year drops. this is about oversight. >> this is a human tragedy. 600,000 americans dead. millions dead worldwide. a full stop to our economy. people out of a job. think of the suicides happened that lost their jobs, lost their businesses, the drug overdoses that have happened. this has been a horrific experience, all could have been avoided if the truth had been told by china from the very beginning and we should never have been involved with the wuhan lab, period. elizabeth: yeah. we can't let it happen again. >> we can never let it happen. thanks liz. elizabeth: good to sue. thanks for joining us.

come back soon. up next representative brian babin, five states talking about either reinstating mask mandates, or threatening to do so. look at this. senate majority leader chuck senate minority americans leader mitch mcconnell warns, get a shot or risk shutdowns. >> the best way to protect your family from this virus is pet vaccinated. ♪ ♪ ♪ ♪ ♪ ♪ summer is a state of mind, you can visit anytime. savor your summer with lincoln.

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.♪ abetizelh: wk. aayix ath m a stexas doc draatelegel ttt rmre ifosrmsd,eadesonnn in weeko ive for for 19vid- look alot idid use, toe, h touse speaker y pendlso a white house staffer both positisi. whe e is now being iticized for the handl hing of thisisent. oocy has pe reportpo:rt lport, evening. there is some head-scratching going on here in washington, d.c., amongst some republicans who don't understand why exactly white house officials are not making a bigger deal about a staffer here crossing paths with that runaway texas democrat delegation and getting infected with covid-19. >> the hypocrisy when anytime

that there was anybody on the republican side that tested positive they would automatically call it a superspreader event. the mainstream media would be running with it for days. reporter: on capitol hill following reports that this delegation infect ad speaker pelosi staffer at white house. no changes in the masking or social distancing until the cdc updates guidance even though the white house is coming clean there are mult case is of covid-19 recently that they didn't tell anybody at the time. >> confirm a breakthrough case. >> yep. >> you are confirm firming there had been other break through case. >> yep. >> you had not previously disclosed. >> that's correct. reporter: even though this white house promised on the first day, at the first briefing to always be transparent. liz? elizabeth: peter doocy. great to see you. thanks for joining us. let's welcome back to the show texas representative brian babin.

congressman, it is great to see you. >> great to see you. elizabeth: political stunt, this political stunt looks like it backfired into a pr disaster. what do you say about it? >> it is absolutely turned into a pr disaster. they were invited up here. a fat cat paid their way up here. they look like they're living high. they're crying wolf about how put upon they are. they are like runaway slaves of the underground railroad, et cetera. they didn't wear masks on this private aircraft. and now they're super spreading. they have given covid, they have disobeyed their own rules. they have given covid to the white house and to miss pelosi's speaker's office and they're derelict in their duty. they're deserters. they were elected by texas constituents to go to austin, not washington, d.c., to vote on all the important topics and

issues of the day. they have fled the state which is absolutely prevented texas legislation from being passed. especially with a voter integrity bill where millions and millions of americans were so concerned about irregularities and a anomalies done related to covid illegally changed in these states. they won't even go there. they are derelict in their duty. that is horrible. they need to go back to texas and fulfill responsibilities to the great state of texas. elizabeth: congressman. we hear you. there is serious stuff going on with the delta variant and you know cases on the rise in all 50 states. senator mitch mcconnell saying listen, get vaccinated or you will risk another shutdown. california and nevada talking about mask mandates even for vaccinated people indoors. massachusetts, louisiana, new jersey, also there is talk there about restrictions again. so you know the country, where do you think this is headed?

>> certainly hope it is not headed toward any lockdown. i don't think we need to see another lock down. it would be an absolute disaster for our economy. not only that, the delta variant, we, we don't know that much about it just yet. we do know there is some ability to be able to pick that up even if you've been vaccinated. but, listen, forcing people to be vaccinated with an experimental vaccine i think is absolutely wrong. we need to use common sense when you're in close proximity to people, especially unlike what the democrats did on their jaunt up here from texas into d.c. you need to wear a mask. just be careful. use common sense. i'm a, i am, i'm vaccinated myself. i'm a health care provider. and i think we just need to be very careful. i think with the vaccinations that we've had we're probably, you know, at, at a herd immunity

level, at least approaching that, if not already there. and let's use common sense. the worst thing we we can do iso lockdown again, keep people home, keep kids out of school. it is bad for health. it can be worse than the delta variant. elizabeth: yeah. scientists, economists around the world say the lockdowns were botched and they weren't necessary. >> right. elizabeth: instead you needed to have common sense. you shut down large gatherings like concert halls, you didn't have to shut down the local dry cleaner or a guy fixing your shoes. since the pandemic unvaccinated, vaccines do save lives, there is growing pushback. the los angeles county sheriff will not enforce a mask mandate there. they see pushback in places like nevada and the like. a lot of talk about hipaa. misunderstanding hipaa.

hipaa only covers health care providers, can't give out information if you're vaccinated. congressman, we're hearing businesses are going to start asking for vaccine passion ports inside of their place of businesses. what do you say to that? >> i say that is absolutely wrong. asking people to provide proof, like i said, it needs to be, it needs to be common sense. you know, as i said. jackie: i'm vaccinated. many people have been vaccinated. quite frankly i think, that i actually am a member of the doc caucus of the house of representatives. we've done videos encouraging people to be vaccinated. it is absolutely wrong in a free country to mandate vaccinations that have not been you know, accepted by the fda other than as emergency vaccinations and so i think that is absolutely wrong. you cannot do that and should not do that here in this country. do i recommend the vaccinations?

yes i do but it doesn't need to be given to children t doesn't need to be given to young people. i think you need to be, use common sense. that is what has to happen. elizabeth: okay. yes, has to happen. congressman brian babin. great to have you back on. don't be a stranger. come back soon. gang we're coming out of the bottom of the hour. you're watching the fox business network. coming up, chris bedford, we've got the media weighing in trying to blast senator rand paul in his fight with dr. fauci. we're looking into government documents. we're looking into dr. fauci's own statements. the documents support senator rand paul. we'll take on the fight next. you're watching "the evening edit" on fox business.

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(judith) in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? don't you just ride the wave? (judith) no - we actively manage client portfolios based on our forward-looking views of the market. (other money manager) but you still sell investments that generate high commissions, right? (judith) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money? only when your clients make more money? (judith) yep, we do better when our clients do better. at fisher investments we're clearly different. ♪. elizabeth: back with us now "the federalist" senior editor chris bedford. it is good to have you back on, chris. the media ripping into senator rand paul.

it is good to see you. the media is really going after senator rand paul for questioning dr. fauci when government documents and dr. fauci's own words show that senator rand paul is right. what do you think of this fight? >> it has been wild. i was pulling up some of the headlines right now to refresh my mind. if you were reading cnn or yahoo! news or whole number of other ones you would assume dr. fauci was dunking on rand paul, excoriates the word cnn used for this. a complete owning headline, you go girl. turns out if you look into the very basics of it, if you look into the research we have, and the information we receive from our government, dr. fauci at best is misleading and most likely lying about this. we know he was doing gain of function research. it is intentionally to make them more dangerous as part of studying, possibly of weaponization although there was no indication that was the goal

here and there have voices that turned on fauci regarding this. for instance, "the nation" which has always been a left-wing publication. he lost them. he may be 37 years at the top, position of this powerful for too long made him delusional. for example, comparing himself to science and saying anyone who criticizes science is really trying to at take him. when you lost "the nation," you're starting to lose people on the left. elizabeth: chris, let's listen to don lemon at cnn on this. watch this. >> what is wrong with rand paul, seriously? i know that is what you at home are thinking because i'm thinking the same thing, what's wrong with him? what is he trying to prove? there is nothing to prove there and he keeps embarrassing himself. rand paul, stop it. you look like an idiot. the lying, misinformation, it is why we can't bridge the political gap, even though our lives are at stake, you still have people who are acting like

rand paul. elizabeth: oh, boy, okay. well, let's show to the viewer again what the government documents show. there is a long history of the nih backing and funding patents on gain of function supervirus research back a generation before sars broke out in asia. dr. paul in 2011 coauthored a "washington post" op-ed, yes it is official to create dangerous lab created, viruses created in a lab in order to get insights on to these viruses. in 2012 he said the risks, the benefits, benefits outweigh the risk in this research. it goes on and on. documents show that the nih and the niad were sending millions of dollars over to the wuhan lab and into china to do the research. not sure where don lemon is headed here. not sure if don lemon is cracking a government document or reading into this. what do you say? >> don lemon is repeating

propaganda. he is the kind of guy almost difficult to dislike because he unimpressive, like a comic book character of himself. we have evidence this happened. we know for example, the presidential ban on doing gain of function research in the united states expired in 2017. it was not reviewed. it wasn't renewed until presidential order in april of 2020, said hold on a second, we're not doing this. we know that under dr. fauci money was going to the wuhan virology institute to study these kind of things, the kind of things by the way outside of our ethical control which i think scientists like, the united states still has some level of ethical control over its science or at least pretends to. this was pushed, now chair was involved in this. he was in charge and he is lying. to don lemon's point the reason we want to know this because we want to know where the virus came from. i'm not looking to punish nih people.

but i want to find out if government money, our taxpayer money was going to foreign virology institutes studying disease that helped destroy the economy of the entire world. elizabeth: that's the issue. that's the issue. let's stay on this for a second. i know we're running out of time. 2018 we showed the zoned clip, dr. fauci on camera we're restarting gain of function, meaning supervirus research. said it in 2018. we'll look into this, into pathogens. he said it on camera. it is an issue of oversight. you can't say we'll open the spigots again doing funding of dangerous research, i don't know where the money is going, i don't know how the money is being spent, i don't know what the wuhan lab is doing when your job is government oversight. it talks about administration and oversight of these risks. there are guardrails in the government documents, nih, naid you have to do monitoring,

oversight, you have got to be, government officials looking out for the american taxpayer here. looks like that didn't happen, chris, your final word? >> exactly. when you have accidentally destroyed the global economy you lost the right to independent play time. now i want the american taxpayer, people like senator rand paul in there keeping an eye, watching out for us, this stuff is way too important to leave to the scientists who think they're too smart or have hubris to think they have any consequences. >> chris bedford, great to have you on. okay. we have another hot story for you, embattled california congressman eric swalwell, okay, not an election year. we're not in an election year. campaign records show he spent more than half a million bucks of campaign money in the second quarter. much of the money looks like went to alcohol, limos, luxury restaurants, the hotel where his wife once worked. swalwell already under the microscope for his relationship with an alleged chinese spy.

we'll take it on next. >> eric swalwell has a problem with money, shocked, you shouldn't be. like so many progressives swalwell's deepest desire to live like a rich guy out of some movie. that is difficult on a congressman's salary. ♪. you see it. you want it. you ten-x it. it's that fast. if i could, i'd ten-x everything. like... uh... these salads. or these sandwiches... ten-x does the same thing, but with buildings. sweet. oh no, he wasn't... oh, actually... that looks pretty good. see it. want it. ten-x it. yum!

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♪. elizabeth: let's welcome to the show "realclearpolitics" cofounder and president tom bevin. hey, tom, great to have you on. tom, we're not in an election year but we had democrat representative eric swalwell, he reportedly spent tens of thousands of dollars of campaign cash on alcohol, limousine rides, luxury restaurants and, also spending money at the same luxury hotel where his wife worked. what is going on here? >> well, so the candidates for congress have to file their fec filings, right, every quarter.

this is just for the last three months, he spent half a million dollars. you mentioned on all sorts of things, like travel and food, catering hotels, private car services and the like. look, if you dig through filings, you will see some of the stuff from the other candidates but he is not a prolific fund-raiser. he is the 79th biggest fund-raiser in the house of representatives. he is not on house leadership. not like he is traveling around the country to raise money for candidates. these are eye-popping. one in particular that you mentioned, $21,000 was spent at the ritz-carlton in half moon bay where his wife is the director of sales. so while nobody is alleging anything illegal happened it does raise questions. what exactly was that for? people have the right to know that as an elected official, it raises a few extra questions for congressman swalwell. elizabeth: well this feels like it is violating the law. is it a violation of the law?

>> it is not violating the law, it might get him some trouble with the elk thicks committee in congress, if he found do something untoward. or the fec found to misreport some of his dispersements, as far as we know there is nothing illegal here. that is part of what you know, the old saw is that the crime is what is legal in washington, right? you can get away with doing this. he can spend hits campaign funds on whatever he wants so long as he reports it accurately through the fec. now whether his donors like the way that the money is being spent, that is another matter. as we've seen the congressman seems to have acquire ad taste for the finer things. elizabeth: it feels, the american people, they don't like to see elected officials living high on campaign cash. it just feels like, you know, the junkets, everything. it is just goes against the grain of hard-working people out there, who are trying to put food on their tables for their families.

he has flown, he flew to qatar on a junket. shirtless on a camel. talk is that he was consorting, hanging around with people and foundations linked to hamas, linked to the muslim brotherhood. then he was under the microscope for his alleged relationship with an alleged chinese spy who had targeted him when he was just a city politician out there in california. and then planted herself as an intern inside of his office. so, just feels a little bit out of control. >> well, certainly as far as the chinese spy, that issue popped up, it became an issue because he actually sits on the intel committee in the house of representatives. as far as the junket is concerned, those are optical issues, right? they do look a bit unseemly. this one was taken, he was maskless in the middle of the pandemic in the middle east but, again, that is the situation of poor optics, you know on his

behalf i think. elizabeth: got it. tom bevin, good to see you. come back soon. >> thank you. elizabeth: up next tom homan, there is a lawsuit coming out of texas against the biden administration over what is happening on neighbors properties, farmland, ranchers property. we've got that story next. tom homan is with us. stay there. ♪ yes, thank you, that was fast. sgt. houston never expected this to happen. or that her grandpa's dog tags would be left behind. but that one call got her a tow and rental... ...paid her claim... ...and we even pulled a few strings. making it easy to make things right: that's what we're made for. usaa. what you're made of, we're made for. get a quote today. ♪all by yourself.♪ you look a little lost. i can't find my hotel.

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only from sleep number. elizabeth: joining is now former acting nice director tom homan, it's great to have you on. this story coming in texas farmers and ranchers are suing the biden of administration saying you have to pay as damages because you're letting the border crisis run in chaos. it is human smuggling, drug traffickers wrecking their property, illegal immigrants damaging fences, irrigation systems, stealing their equipment and more, what do you think of this lawsuit, do you think this has legs? >> absolutely when i was a border patrol agent the 80s i

used to walk through the valleys up to your kneecaps and dirty diapers and empty water bottles and clothing they could not take because it's too hot plugging of the canals in your geisha ditches and stealing the farmers trucks in the arm smugglers alone, these cartels are heavily armed, they have no problem killing our ranchers when they get in the way of delivering hundreds of thousands of pounds of fat now. thank god there are suing him involved in several texas lawsuits, i was involved in the texas lawsuit against a moratorium that we won and i'm involved in the ice priority lawsuit and i'm working with the texas attorney general to sue the administration because not only are they ignoring the law, they're breaking the law and we need to take them to court. elizabeth: texas is basically saying in this lawsuit bring the border wall back, here's a disturbing story i know you probably know already the farmers and ranchers in these communities at the border are seeing illegal immigrants cumin, male adults moving through with backpacks and their accompanied by coyotes with automatic weapons. you go to drive your kid to school and all of a sudden you look up and see a male adult

carrying an assault rifle accompanying illegal immigrants moving through with backpacks with drugs on the back. do you know what i mean tom. >> like i said there in the middle of nowhere and they won't hesitate to take violent action because a movie millions of dollars of fentanyl across the border. look at right now for over 90000 fentanyl overdoses in this country people don't realize this isn't just a border issue, that fentanyl is going all across the country, if someone dies of drug overdose of fentanyl in ohio in new york you can him was going to they came across the southwest border because half the portable to agents or dealing with the humanitarian crisis so drug dealers are taken advantage of it, this is not an immigration issue, it's a national security issue, it's a drug pandemic issue, the human trafficking issue, 31% of the women are getting sexy assaulted, children are dying there dragging in the river, died in the desert being abandoned nowhere, this is an

issue in the biden of administration is ignoring it. elizabeth: texas officials are saying this sheer magnitude and the size of the number of groups coming there with people is overwhelming the rio grande valley sector apprehended more than 15000 illegal immigrants in a single week, it feels like were tempting fate were pushing up against it the fear is the drug cartels, which security threatened, last week they threatened to start treating a border patrol across the rio grande river from their side in mexico, it feels like were pushing it here that something's going to happen, it's going to be a shooting involving drugs or human smugglers against the u.s. citizens, what do you say? >> it's absolutely going to be a violent account with the drug cartel, i can see it and i was guaranteed and that can guarantee there's going to be a big smuggling incident where many people died, migrants themselves because there were enough tractor-trailers again

and my story i investigated the tractor trailer incident in the migrants suffocated to death now they want a price again and what's really disturbing about this a administration you can't name one thing, you can't name one thing this administration has done to slow the flow they haven't done one thing to get those numbers down in the consequence of the deterrent to the illegal activity. they keep offering more incentives last week they said we will open the amateur of people who claim asylum, domestic violence, high crime areas, they will qualify to claim asylum, they keep offering martin morris nmc, based on that alone more people will come and claim asylum, they keep feeding and feeding the fire. elizabeth: tom homan thank you so much for joining us we really appreciate it thank you for your service to our country, come back soon.

thank you so much for watching i am elizabeth macdonald, you been watching "the evening edit" on fox business. that doesn't for us, we hope you have a good evening and join us again tomorrow night. ♪ ♪ ♪ ♪ ♪. larry: hello everyone welcome to "kudlow", i am larry kudlow. we begin with news of u.s. and germany striking a deal that will allow the completion of russia's nord stream to pipeline. before we dig deeper into this major policy blunder, let's go write to edward lawrence at the white house with the latest, edward, what is going on. >> the administration trying to have it both ways senior state department officials say they oppose the nord stream to