detainees last left ellis island back in 1924. i want to say, if you're one of those people, you know your family came through here, would have seen lady liberty, guess what, you can find all kinds of information at statue of liberty.org. they have 65 million pieces information. cheryl: gerri, casones went through there. this is "the evening edit." elizabeth: we told you it would happen and it is now happening. strong arm tactics of nancy pelosi and senator chuck schumer are backfiring, falling apart. there is major democrat infighting between the far left and centrist democrat moderates. the far left said they will be the spoilers. they have the votes to block the new one trillion dollar infrastructure deal unless they get their bigger $3.5 trillion spending bill passed. we've got that tonight. also this, what democrats now demand as conditions for all of this new spending.

joining me tonight, congresswoman beth van duyne, also jason chaffetz, former federal prosecutor jim trusty, dr. marc siegel, congressman mark green and michael waltz, deneen borelli, former u.s. border patrol chief ron vitiello. we have this as well tonight, the debate the cdc saying there will not be a nationwide vaccine mandate. this as more and more local businesses and governments are instituting them but government worker unions now pushing back and pushing back hard on the legality of vaccine mandates. this as republican u.s. senator lindsey graham says he is a breakthrough case. that he has tested positive for covid-19. even after being vaccinated but the administration says those cases are rare. get vaccinated. that is the word. the president warns more covid restrictions could be coming. dr. fauci says no to more lockdowns. the white house continues to blast social media as the primary source of vaccine

misinformation. "the washington post" and media saying that too. a new house republican report finds quote, ample evidence that wuhan lab scientists in china genetically created and manipulated the coronavirus to make it more infectious to humans, with u.s. funding and yes it leaked from the wuhan lab. they say this is a historic coverup. this could have been a local outbreak to a major pandemic. house republicans intend to investigate the tens of millions of dollars in pelosi family stocks trades and hunter biden as activities if the republicans retake the house in midterms next year. we have new video of the largest group yet of migrants crossing, crossing in texas. the gop says the border is the biggest superspreader event right now. they're demanding this, where is the cdc, where is the nih, where is dr. fauci on that? we have that and this fight between the biden administration and texas over migrant travel

that fight could head to the supreme court. this news coming in, the biden administration says yes, it will keep the coronavirus shutdown that trump started in place for now. 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. the far left progressive "squad." they're talking about being spoilers. we will block that new trillion dollar infrastructure deal. they have the votes to do it unless they get what they want, that bigger 3 1/2 trillion dollar spending bill. the government is throwing caution to the wind, spending blowout. the treasury department launched emergency cash conservation measures as the debt ceiling did expire today. joining me congresswoman beth van duyne. this congresswoman sits on house infrastructure.

great to have you back, congresswoman. what about the talk from alexandria ocasio-cortez, they could block the infrastructure by they say they have the vote to do it. what do you say? >> i would say i see the far left and those who are running toward the camera just worrying more about the green new deal plans than actual infrastructure and transportation what i'm hearing from what our con stitt wants. [inaudible]. which meets a lot of needs, which is focused on roads, they are focused on bridges, airports, things like that, traditional infrastructure as defined so necessary coming out of this pandemic. that is what this is focused on. they're looking for ways to pay for it. what we see coming out of the left, it is constant infighting. unless progressive as they want i, they will fight it and you know, nancy had, speaker pelosi had a very tough friday. while she was running around having 23-year-olds arrested for not wearing a mask at the capitol, her democrats were falling apart.

we waited around all day on friday. [inaudible] elizabeth: couldn't get it moved. >> a lot of us missed our last flight out. we're waiting and it will get worse. elizabeth: we hear you. senator marsha blackburn saying you know what? put keystone pipeline back in, the border wall back in. those are infrastructure need as well. we have drone footage, up to 1000 migrants detained at the texas border near a popular crossing. republicans are saying this is a absolute catastrophe. that is happening as well. it is unclear, do you think this is going to pass? >> you know, look, it is 2700 pages that just came out. i know that we have not had an opportunity to review it yet. we're looking at it now. anyone says they will support or not support hasn't read the bill. will it pass? i don't know. we'll see what kind of amendments it gets passed in the senate. we'll see what happens when it comes to the floor of the house.

i would say this is how policy is supposed to be made. people are coming together. they're willing to compromise. they're looking at actual transportation needs. it is really a hopeful, positive step that you're seeing democrats come to the floor and say we're not pushing these progressive policies, these socialist policies but looking at legitimate infrastructure, legitimate transportation needs and they're focused on those. i hope that we make more progress on this. elizabeth: we hear you. the other thing too is, the bill is also the full bureaucrat employment act because it is putting government workers at work studying business losses and job losses because of more government jobless benefits, paying people not to work and stay at home. there will be a cbo study on that. there is money for the energy department to study the job losses created by killing the keystone xl pipeline. why do we need studies on that? listen to minority leader kevin

mccarthy. there is a lot of fighting going on. speaker pelosi called kevin mccarthy a moron recently. kevin mccarthy, he says if he gets the gavel he will hit her with it. this is off the rails. watch kevin mccarthy on inflation. watch this. >> let's be very clear, inflation is a tax on every single american. everyone who is buying groceries knows it. everyone who is filling up their car knows it. everyone who is booking a summer flight knows it yet president biden told a town hall in ohio last week, i don't know anybody who is worried about inflation. why doesn't the president of the united states know what is going on? this is what americans hate about washington. they turn on the tv and hear the president telling them their concerns aren't real. enough is enough. people are fed up with the ignorance and arrogance and the

hypocrisy. elizabeth: what do you say, congresswoman? >> i agree with him 100%. we're sick of watching political theater. we got there to do a job, represent what is in the best interests of the country. we need to get started on it. democrats have to come to the table. pass a transportation bill we can be proud off around that's what we need to do. elizabeth: congresswoman beth van duyne, great to see you. come back soon. >> thank thank you. elizabeth: reaction from fox news contributor jason chaffetz. great to have you back on, jason. you just heard kevin mccarthy talk about inflation. democrats are downplaying that. fed chair jerome powell says it is an issue. so does larry summers, so does robert rubin, so does you warren buffett. what do you say? >> anyone that drive as car figures out 4 or 5-dollars gasoline is more expensive than the two dollars with trump. you go to grocery store, things are not available. you try to order appliances or

beds, they take months to get there. the president doesn't have a plan. when you go forward and say, well those concerns aren't real, i don't know of anybody who is concerned about it, this is the same white house was bragging that your barbecue at 4th of july would cost 16 cents less than it did the year before. their perspective on reality is questionable at best. elizabeth: you know we hear you on that. we're looking through the pages of the 2700 page bills and you know, we have got billions of dollars to upgrade things like ports of entry, things for furniture, fixtures and computers, nothing for the border wall. you know what republicans and border officials say have worked and countries in europe have border. in africa they have border walls. in south america they have border walls, asia, russia. when you look through this you see what the infighting is with house speaker pelosi can't wrangle the far left, can't get the moderates you know, basically on board either what

her plans are, is mitch mcconnell, senator mitch mcconnell, is he being really clever here? because he is basically saying look it, we have to have all senators from all 50 states look at this infrastructure deal and they have got to put their say so on it? it seems he may be delaying this to push back on a 3 1/2 trillion dollar human infrastructure bill the far left wants. what do you say? >> it represents everything that is wrong in washington, d.c. 16, 1republican senators vote to proceed on a bill that hasn't been written. there was no text to it. when you hear good people like senator tim scott in good conscience to vote for this because there is no text to look at they voted to proceed. now it is out there, see the light of day, figure out what is actually in there. what is wrong about this the pay-fors are fake. some of them are real but most of them are fake. to take, for instance from the strategic petroleum reserve when you cut off access seeing oil

and gas on public lands, you shut down the keystone pipeline, then you say you will sell your strategic petroleum reserve levels to bring those down, what are president, what are republicans doing in that regard? you have to have some sort of a balance. you have to have a discussion about it. elizabeth: yeah. let's stick on that, rollcall, the house democrat margin of role is so slim. would take three to four house moderate democrats to say no to nancy pelosi. the strong arm tactics was not justified to begin with with nancy pelosi is doing. she can cannot afford to lose three democrats on part line votes. joe manchin said i will not guarranty that 3 and a half trillion dollar infrastructure bill will pass. alexandria ocasio-cortez says we'll block infrastructure. things like the strong arm tactics are not the way to go when you don't have the mandate,

you don't have the margin of control. just three votes, three or four votes, it is done and over. >> you're absolutely right. get three or four democrats together they can stop this whole thing. the promise of joe biden and kamala harris they were going to bring together the country, they were going to bring together the congress. they have not been able to do that. they don't pretend to do that in the house of representatives with inviting republicans to come in offer, acquiesce to some of their concerns. give credit to donald trump what was going on before, because he actually passed a lot of bills that had good bipartisan support moving forward. so, it is touch-and-go. i don't think they can pull it off. elizabeth: yeah. i hear you, but even under the trump era that wasn't a lot, right given what is going on, final word? >> they get get some important things done. the first few covid relief bills were widely bipartisan. now they're just partisan bills. it is out of control that way.

elizabeth: i hear you. got it, jason chaffetz. thanks for joining us. good to have you on. >> thanks, liz. elizabeth: here is what is going on, the cdc director says there will not be a national vaccine mandate. this is going on, more and more local businesses and local governments are instituting those mandates. we have this, government worker unions are pushing back, pushing back hard. we have debate of legality of a vaccine mandate with jim trusty and dr. marc siegel next. stay right there. >> ultimately if it became absolutely necessary they would quote george washington in the middle of the revolutionary war who mandated vaccination against smallpox. you have no right to spread the disease. >> but professor. ♪

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♪. elizabeth: joining us now fox news contributor dr. marc siegel, and former federal prosecutor jim trusty. great to have you both on. so grateful you joined us. first to you, jim trusty, legally can the government say yes to a national vaccine mandate? >> no, they really can't. the federal constitution, silence doesn't mean there is a permission slip. basically what you have in the constitution is a model where the states have control over

what is called police power, public safety type authorization t comes from the state, we know this in part from a 1905 decision in massachusetts where smallpox had broken out. massachusetts mandated state vaccinations within massachusetts. that was upheld by the supreme court as part of that public safety power. justice roberts even recently mentioned this case with approval. so i think the signal is very clear that the supreme court would not tolerate a federal overreach outside of their lane. elizabeth: got it. dr. siegel, great to see you as well. you cannot, the government can't mandate vaccines, if they are emergency use vaccines, right, is that true? >> well, that is actually a subject for some debate, liz, good evening but there is some groups that may be able to i would like to speak the issue mandate is not the way to go for a different reason because as cdc director walensky told me, a

lot of people are allergic to mandates. the goal is to get everybody to agree to the vaccine. the one public health thing i want to introduce in this conversation, though i'm a big believer in civil liberties, protecting personal rights to choose which is hugely important, the delta variant spreading so widely, you have the public responsibility to protect your neighbor and your family. i don't want that to be superimposed. i don't believe that has to be mandated. jim knows more about the shaky legal ground but the point of people being afraid, you don't force them, don't talk down to them. you don't bully them. elizabeth: yeah. that is the issue. you don't politicize it. the point to get people safe and vaccinated. the issue is, you know, on the right, people are saying it is our personal liberty. we shouldn't have to be vaccinated but other lives are at stake. not just our own lives. the bullying on the left if people have other information and other issues, jim trusty,

that they're dealing with. the left is saying we're not going to listen to you. we're going to bully you, not do the power of persuasion. we're just going to use the government to just crack down, what do you say to that, jim? >> i think the approach from the left, scarlet letter mentality, look at me, i've been double vaccinated and you're evil that you haven't is backfiring. it is causing distrust. causing people in very high positions whether in the oval office or cdc or dr. fauci who said inconsistent things about the efficiency or the likely success of double vaccination when it comes to even variants. so i think there is a real information gap. a lot of people don't know what to believe at this point in terms of whether or not anti-bodies are working, whether or not vaccinations are working. that complicates the problem when it is political. elizabeth: and you know the thing is "the washington post" around the media have been reporting this as well that you know, the majority of

misinformation about vaccines is coming on social media, something like a dozen people are responsible for 2/3 of the misinformation. doctor, now we've got, dr. siegel, now government workers union, afscme, teachers unions, big ones, nft and nea, postal service union says we'll push back on vaccines for the bargaining table. what do you say to that. >> it is not for the bargaining table but they're right to push back against any superimposed mandates. liz, i don't like the word misinformation at all. it leaves out the idea that science is evolving here, that things are changing with the delta variant. the only constant here is, this is a constant, the vaccine works, it works extremely well. it decreases the risk of getting ill for sure or ending up in the hospital and every time the media spins that, both left and right by the way it undermines the value of the vaccine, superimposing mask mandates

makes people think the vaccine doesn't work. it does work. massachusetts, 70% of the ones vaccinated got sick but 95% of those in provincetown have been vaccinated. that was higher percentage of the group. the vaccine works dramatically. that is what we have to focus on here. elizabeth: we hear. >> you not superimposing our will, not we know, you don't know, don't say anything about misinformation. this is emotional information. not where people are right or wrong. elizabeth: got to keep people safe. listen to nancy pelosi on this. watch this. >> so here's the thing, we cannot require someone to be vaccinated. that is just not what we can do. it's a matter of privacy to know who is or isn't. i can't go to the capitol physician give me names of people not vaccinated or encourage them or make it known to others to encourage them to be vaccinated.

so we can do that but you would hope science would guide them to protect themselves, their family members and the good colleagues in the work place to get vaccinated. elizabeth: so that's nancy pelosi saying you can't require people to be vaccinated but just listen to the science and how vaccines help. let's jump to this, listen to dr. anthony fauci. he is saying no to lockdowns. he says misinformation on social media would have stopped vaccinations to wipe out smallpox. let's listen to dr. fauci here. watch this. >> john, i don't think we're going to see lockdowns. i think we have enough of the percentage in the people in the country, not enough to crush the outbreak but i believe enough to not allow us to get into the situation we were in last winter but things are going to get worse. if you look at the acceleration of the number of cases, the seven-day average has gone up substantially.

elizabeth: what do you say, jim? >> i think we may be a little overexposed to dr. fauci more than any virus at this point. it is really hard to give him full credibility. i think we have to wait to see what state and local authorities want to do with employers but not the federal government. elizabeth: what do you say, final word, dr. siegel. >> even mentioning the lockdown word scares me. because it didn't work. all it did was harm our economy and our psyche. i think we're dealing with a lot of mild cases here. there is a lot of delta scare going on. yes, it is a real issue, yes we need to be concerned. look at it relist i cannily. the issue is not about science, nancy pelosi, it is about fear. people have a lot of fear and accept that and deal emotion to emotion. elizabeth: got it. you guys are great. dr. siegel, jim trusty maybe we do it again with the both of you. come back soon. you're watching the fox business network. coming into the bottom of the hour.

coming up congressman mark green on the new house republican report says we yeah, we got ample, quote am pell, evidence wuhan scientists genetically created the coronavirus and it did leak from the wuhan lab. they say it is an historic coverup t could have turned into a local outbreak in china into a major global pandemic. keep it right here on "the evening edit." >> i think the chinese communist party are very concerned about this report coming out and telling the truth. ♪. ♪ ♪ ♪ hey google, turn up the heat. ♪ ♪ ♪

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♪. elizabeth: joining us now congressman mark green, member of the house select subcommittee on the coronavirus as well as house foreign affairs. that new bombshell report from house republicans on foreign affairs, ample evidence this thing, that covid-19 virus was genetically modified and engineered in china at the wuhan lab and it did leak, bombshell stuff. what do you say? >> yeah, liz, thanks for having me on the show and thanks for letting us talk about this. it is very important to let the world know there is no way this wasn't genetically modified and created in a lab. probably the most damning evidence is the cgg, double code, the sequence in the genetic material that makes it so deadly and transmissible. it would have required the same bat to get two viruses

simultaneously, and interestingly enough both viruses infect different species of bats. so it is impossible for that to have occurred in nature there are lots of other reasons. go ahead. elizabeth: and the u.s. funded it, right? the u.s. funded gain of function research, right? >> -- lab. we certainly funded some of the research at the lab. funds are fungible. i asked dr. fauci that when we had him in front of the coronavirus subcommittee and he agreed there is no way for them to control the dollars once they get sent to the lab. so it is very likely money from the taxpayers of the united states funded this gain of function research. elizabeth: so john ratcliffe, former director of national intelligence wrote a new op-ed it is close to a certainty, not just a possibility, it's a probability. the details in the report are really striking. we were reporting last year that this virus could have leaked or pandemic, it looked like it

started according to what we were seeing in august or september of 2019. that is what you guys are finding too. that basically, you see in september of 2019, the wuhan lab removed from the internet their viral database. then they put outbids for security guards, video surveillance, security patrols for their lab. that they wanted more security for the lab. and then they want ad new and stronger hazardous waste and air-conditioning system for the wuhan lab and the sister lab even though those systems were two years old. this is damning stuff. >> absolutely. you couple that with coronavirus-like infections that were occurring in september, october, november, december. we can actually trace back, the interesting thing about covid it actually, it mutates on a clock almost exactly. so we can trace it back, we can trace it back to patients one, two, three, and four. three of those never made it to

the wet market. there are no pre-pandemic infections. china looked at 10,000 lab samples in the hospital surrounding the wet market and the not a single blood sample showed a pre-pandemic infection. there is no way this happened in the population naturally. it came from the lab. another great example, where's the pang go lynn in all other coronavirus vices they found it within nine months. we're at month 20. they sampled 209 species they can't find the animal it came from? this came from the lab. elizabeth: it is striking. they have not, as you point out, it's a great point. within months or weeks they found the host of the virus, say, ground zero be patient zero of the virus and they haven't found it in nature yet.

this virus this version of the virus doesn't occur in nature. the final word, dr. baric says this virus, because it is genetically modified you can't trace the fact that it was genetically modified that can be covered up too as it mutates, right? final world. >> that's right. unc chapel hill showed how you can insert the spike on to a coronavirus there were chinese researchers from the wiv, at chapel hill doing the exact genetic mutation, i believe it was 2013, it was around that time frame. they know how to do it there is no evidence that it came from nature whatsoever. there is evidence lab workers were infected. this came from a lab. there was a leak and they tried to cover it upper so. elizabeth: amazing you can engineer a virus without leaving a trace it was engineered. mark green, thank you very much.

president biden today said americans should expect to see more covid restrictions. dr. fauci says no to more lockdowns. we have that story for you. also lindsey graham, he was vaccinated. he is now a breakthrough case but the white house is saying those cases are rare. we've got that story next. i'm so glad you're ok, sgt. houston. this is sam with usaa. do you see the tow truck? 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:

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we are open and ready for you. ♪. elizabeth: let's welcome to the show florida congressman michael waltz. he is on house science, space technology. congressman, take on republican senator lindsey graham. he said he is a breakthrough case. he tested positive for covid-19 after being vaccinated but these are rare cases. what do you say? >> they are incredibly rare cases and we're seeing of those that have been vaccinated of just the cases we're seeing less than .01% that are actually then getting a breakthrough case. so even though a number of these

are high-profile and media is latching on to them you know, follow the science as everyone is saying and look at the actual data. it is incredibly rare. then the other piece of those that do have the vaccine and are hitting a breakthrough case it's a miniscule amount, .0007% that you know, are actually going through to any type of a fatality. so this is the best thing you can do is get the shot. i had covid. i had the natural antibodies and i received both shots because the statistics are clear, that is the best way to keep you and your family safe. elizabeth: yeah. so you know, that basically it's a fraction of a percent of those who are fully vaccinated experience a fatality from the delta variant or covid-19. or they're hospitalized. so the white house is saying the media is being alarmist and

hyperbolic and overreacting about the breakthrough cases. do you agree with the white house? >> yeah. i think both could be true. the white house is not helping itself with mixed messaging with jen psaki having really no answers on the data behind why vaccinated now suddenly need to wear a mask two months after you know, this huge push to say get the vaccine, you can get your life back to normal. you have president biden himself wearing it outdoors, indoors, sometimes yes, sometimes no. so i think the media is hyping this up and the white house is all over the place in terms of their messaging and then you know, what i think is missing from the conversation is where is the fda on the final approval? what is the timeline there? i talked to a number of hospital executives and some of them have as low as 50% of their actual hospital staff have received a vaccine because it is still in an emergency use status and they're waiting for that final

authorization. so surety would be very good for the white house to get out there instead of creating all of this insecurity about the effectiveness of the vaccine which is exactly what they're doing, telling people they have to mask again. elizabeth: yeah. you have new york governor cuomo talking about businesses demanding proof of vaccinations. the new york mayor, mayor de blasio threatening vaccine mandates for restaurants. the small business guy who is already up against the wall, the restaurant owners are up against the wall. they're saying saying this willh us. if you botch this again, you will slam the recovery and you will hurt millions of families across the country if you do shutdowns or restrictions again. watch this business owner, watch. >> we've been taking you know covid very seriously since the beginning. the fact of the matter is these vaccines are widely available. they're extraordinarily effective and you know, it's a matter of obviously there is

issues with personal risk tolerance and whatnot but it doesn't change the fact that reimplementing mask mandates in new york city would stunt our recovery, would diminish tourism and many aspects of life. it would crush businesses that have already been crushed. elizabeth: what do you say, congressman? >> you know, that is on top of overregulation in places like, that is on top of the federal government paying people not to work. so a lot of these small businesses can't hire, even though they have pent-up demand and it is on top of you know ever creeping inflation and supply chain problems. more out of d.c. will pile this on top much every business owner i know, i was a small business owner myself. wants their businesses to stay alive, don't want their customers and employees sick. they will take common sense measures. they don't need d.c. or state

capitals to help. elizabeth: great to have you on, come back soon. >> will do. elizabeth: up next deneen borelli on this hot story, house republicans say yeah, we will investigate the pelosi family stock trades, tens of millions of dollars of stock trades there. and hunter biden if republicans retake control of the house. you're watching "the evening edit" on fox business. >> this is about selling off the family name as hunter biden has done time and again to enrich himself and his family. salonpas contains the most prescribed topical pain relief ingredient. it's clinically proven, reduces inflammation and comes in original prescription strength. salonpas. it's good medicine. ♪ lights out, follow the noise. ♪ ♪ baby, keep on dancing like you ain't got a choice. ♪ ♪ so come one (come on), come on (come on), come on. ♪

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[relaxed summer themed music playing] ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ summer is a state of mind, you can visit anytime. savor your summer with lincoln. ♪. elizabeth: let's welcome back to the show fox contributor deneen borelli. it is great to see you. hey, deneen, house minority leader kevin mccarthy is now saying if the republicans take back control of the house in the midterms that they will prioritize investigating democrat fraud and abuse including suspicions of insider trading by house speaker nancy pelosi's husband.

the house speaker is saying they are doing things within the letter of the law. they're also they were going to look into hunter biden do. what do you say to all of this? >> well, first of all i think the timing of paul pelosi's invests are questionable. we're talking something like $11 million in big tech stocks and call options just before the house was to vote on several bills aimed at reining in big tech. so this is a matter of ethics and a matter of accountability. so i think there should be investigations. with hunter biden, liz, my goodness, we don't have enough time to talk about hunter biden. but i will say this, i think the media gave him a pass in more ways than one. when his father was running for president, even till present day, we still don't know what is going on with the laptop. there was no investigation or reporting on that really, that

should have been done. and then also, allegations of pay-for-play and his dealings internationally. there is a lot of things that we just don't know. don't know about. elizabeth: yeah. and allegations of tax evasion and money laundering as well. >> sure. elizabeth: hopefully the fbi and doj is looking into that. go back to nancy pelosi, to your point, it is an important one, her husband has been exercising call options on tech companies. glenn greenwald, who is writing for smokestack, he is saying over last two years 75% of the pelosi family trades are in silicon valley companies where nancy pelosi oversees their district. it is apple, it is amazon, facebook, google. we're talking tens of millions of dollars in trades. they could stick with the letter of the law, right, what the stock act says other disclosure laws but their back room politics, there are conversations going on. nancy pelosi talks to tim cook. she has tremendous power and

influence. she has a stream of information. she could be talking to her husband, who knows, making trades. we don't know. that is what the republicans are threatening to investigate if they take back control of the house, deneen. >> you're absolutely right. there were also allegations earlier this year, questions about some of the trades that her husband made as well. yes, pelosi is very cozy and comfy with the big tech leaders and executives in california. so, look, if there is no wrongdoing, fine but i say let the investigations begin but we know that is not going to happen with the current leadership that is in the house right now. elizabeth: getting pretty swampy in here. okay, deneen borelli good to see you. come back soon. >> thank you, liz. elizabeth: up next, ron vitiello, former top border guy, we've got new video the largest group yet of migrants trying to cross in texas. republicans say the border is the biggest superspreader event

asking where is the cdc? where is dr. fauci in all of this? fights between the biden administration and texas. we have update what the biden administration is doing at the border. stick it right here. don't move. reason, or fun. daring, or thoughtful. sensitive, or strong. progress isn't either or progress is everything. ♪all by yourself.♪ you look a little lost. i can't find my hotel. oh. oh! ♪♪ this is not normal. no.

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♪ elizabeth: joining us now, former acting i.c.e. director, ron vitiello. you and i have talked about this, this looks like a fight that could be headed to the supreme court. texas is saying we have a right to control the transportation of migrants on buses osar cars, even -- or cars, even airplanes inside our state. but now the biden justice department is suing texas saying this violates the supremacy clause of the constitution that the federal government has the rights here. where do you come down on in this. >> i appreciate the fact that texas, the governor, the attorney general, others in the state are pushing back against these reckless policies that have driven this surge of humanity at the southwest border. for right now we're the only world superpower, and look at those images of those people under the bridge. you know, the border on top of that bridge is closed down to commerce that's nonessential. so all the communities on the border that survive on tax revenue from people coming over

from mexico across that bridge to shop in those communities and restaurants and retail shops, those folks are being crushed by the lockdown in the economy, and the border's still closed, yet they have thousands of people less than 100 feet down from where those cars cross the bridge, and look at what we did to those agents on the ground there. they deserve better than the conditions we see them in right now. these are highly trained -- elizabeth: yeah, we hear you. >> go ahead. elizabeth: no, they're highly trained law enforcement officers who are now at risk right now. here's -- let me back up. the biden administration said it will keep the trump era coronavirus border shutdown, title 42, in place for now. the republicans say the border is the biggest superspreader event. where's the cdc, where's dr. fauci on this? because we have the lambda variant which is highly infectious, really dangerous. peru in south america, their fatality is now the highest in the world. it's higher than hungary per

capita. where's the covid impact study on the border policies in who's crunching these pandemic numbers to show what the border is suffering through? listen, we're a humanitarian country. we want people to come here legally. the u.s. has open arms. we're all about immigration. this is about something else. it's about breaking the law, crossing the border when you shouldn't be illegally. it's a full blown pandora's box right now. >> correct. we look like we don't know what we're to doing. the policies are so ine consistent. we shut down the border for nonessential travel, but we have thousands and and thousands of people coming to the border. there was one day over the weekend that the sector reported they had 3400 people came in one 24-hour period. you can see the conditions down there. that's pure chaos. those officers are trained and capable of doing anything we ask them to, but no one signed up for that job, the care and comfort of thousands and thousands of people out in the middle of nowhere. and the people that are in the pipeline are not social distancing, they're not wearing masks, they have not been vaccinated, and they're being

abused by the smugglers and corrupt governments that are sending them to this borderer, and they're being encouraged by this administration's incentives to come to the border now. elizabeth: and those workers get abused, those illegal immigrants get abused in the workplace as well with. that happens too. we cover those cases. listen, again, we're humanitarian. it's about keeping people safe. 1-2 million people are allowed to cross illegally and not be tracked or tested for covid? they're allowed to go into states like florida and texas, and that's okay? everybody's okay with what the ooh biden administration is doing here? again, we're open arms in the u.s. this is about something else. what do you say? >> well, over a million people have been apprehended by the border patrol and cbp so far this year, and that's not accounting for the people who evaded border patrol at the immediate border. thousands of those are infected with covid and we don't find out until after, what about the thousands and thousands of people who have made it past

border authorities and are now in the united states as well with the same kinds of conditions that they were trafficked in and that now, you know, with the result of not being vaccinated. now they're all over the country. elizabeth: where is the cdc outrage, where's d. fauci's -- dr. fauci's outrage? is where's president biden? he's the commander in chief. he said we're at war with covid-19, right? he's supposed to keep the citizens safe in a time of supposed war. this is not happening. who's tracking these individuals? who's testing them? who's seeing where they're going, you know? is -- and where they came from. is there any tracking going on here of these illegal immigrants who are infected with covid-19? >> this is a big problem. so if they have symptoms at the border, the border patrol gets them to local care. when they go into other communities, it's the local towns and cities. as an example, laredo is suing the federal government for bringing people into that community. so it's a problem not just at

the border, it's everywhere. elizabeth: yeah. we're a kind and generous nation. people are going to be like, oh, this is anti-immigrant. no, it's about keeping immigrants safe and american citizens safe. it's good to see you, ron vitiello. i'm elizabeth macdonald, you've been watching "the evening edit" on fox business. thank you so much for watching. we hope you have a good evening. ♪ ♪ david: hello, everyone, and welcome to "kudlow." a i'm david asman in for larry kudlow. let's grin in washington, d.c. where -- begin in washington, d.c. where bipartisan senators are hoping to hold a vote on their $1 trillion infrastructure package. hillary vaughn is live from capitol hill with the very latest. hi, hillary. >> reporter: hi, david. we are learning just this last hour there could be one less gop vote for this bipartisan is infrastructure deal. senator lindsey graham saying in the last hour that he has covid-19 even though he got the vaccin