sean: a fox news poll finds the majority of registered democrats now prefer socialism to capitalism. 59% of democrats find din sociam favorable, they should be distributor every american. it's not us as parents to teach our kids by capitalism is more out of poverty. thank you for joining me i am "kudlow". jackie: the dire he control as new reporting suggesting that the country's capital could be the next to fall. plus, a surge of covid-positive migrants being bussed to to american cities with new leaked audio of the homeland security secretary admitting that the current situation is, quote, unsustainable. and bracing for fred as it barrels towards the united states, florida under tropical storm warnings. we are tracking the tomorrow's path this hour.

i'm jackie deangelis k and this is "fox business tonight." ♪ ♪ jackie: good evening and welcome, everybody. our top story, u.s. troops are headed to kabul as u.s. defense officials warn the capital could fall into the hands of the taliban very soon. lucas tomlinson is at the pentagon with the dea tails. >> reporter: hi, jackie. the taliban have kabul surrounded and major fighting takes place just 30 miles outside the afghan capital. here's john kirby. >> the taliban is trying to isolate the city, and they have throughout this last few weeks, you've seen it for yourself, taken over border crossings, taken over highways and major intersections. >> reporter: the first u.s. marines have landed in kabul to secure the airport and begin advantage a waiting americans from the -- evacuating americans from the embassy. a total of 8,000 u.s. troops are deploying not only to afghanistan, but the middle

east. a brigade from the if 18th airborne corps, some 4,000 paratroopers kept in reserve, a thousand troops going to ask qatar to process refugees the u.s. is evacuating. taliban have now seized more than half of afghanistan's 34 provincial capitals. the u.s. spent over $85 billion, jackie, over the last 20 years to build an afghan army which has now crumbled. top pentagon brass wanted to keep 2,000 troops in afghanistan, but president biden overruled his generals. after withdrawing 2,500 troops in recent months, roughly the same number now going back to evacuate americans. >> we said the afghan forces have the advantage. what proof can you offer that the taliban have taken over vast majorities of the country and have now surrounded kabul? >> that the taliban have moved with the speed with which they have and that the resistance that they have faced has been insufficient to stop those, to

connect those advances does not mean if, lucas, that the advantages aren't still there. >> reporter: american diplomats at the u.s. embassy in kabul are currently destroying sensitive equipment before being evacuated under the cover of the u.s. marines. jackie: lucas tomlinson, thank you so much. joining me now, general jack keane, fox news senior strategic analyst. general, always good to see you. withdrawal from an unstable area is difficult, right? a lot of people making comparison to what we saw in vietnam, for example. but what strikes me here is the way the administration decided to do it. they telegraphed it, broadcast it, then they a waited, and now everybody's scratching their heads and wondering why the situation has seemingly gotten out of control. >> yeah. i mean, there's a lot of truth to that. this is -- president biden's got some serious miscalculations here because he didn't really consider, i think in any significant way, what the consequences of an announced withdrawal date would actually

mean. and we see the ramifications of that rather significantly. what has simply happened here is that the taliban knew full well that once the united states said we want to be out by 31, august, that the entire effort of the united states military would be devoted to closing seven military bases and also removing all of our resources and people out of the theater, that there would be no room to support the afghan ground forces. and that's exactly what happened. we didn't have any effective air power that has always, in conjunction with the ground forces -- afghan, that is -- stopped these offensives every single year. jack jack right, and essentially -- >> couldn't happen this year -- [inaudible conversations] if for that obvious reason. jackie: general, we've got a situation where the taliban so closing in on kabul. they could take that city as soon as this weekend. and so you wonder, you know, how vulnerable we are leaving ourselves here. >> oh, this is such an

ill-conceived, hasty withdrawal without the proper planning and deliberation and processes put in place that it's now turned into an embarrassing retreat. i mean, that's what this is in terms of sending forces in so we can safely evacuate our own american citizens out of kabul. that's what this operation is about. and it's sad and frustrating to see it. and it could have been prevented. finish we certainly shouldn't have said 31 august. and if we're going to move forces out of afghanistan, do it during the winter when there is no battle taking place because the that'll a ban -- the taliban withdraw to pakistan in the winter months, and it starts up again in the spring. so it doesn't make any -- there's lack of common sense. everybody knows the war is seasonal, and we shouldn't have had a date associated with it either. we should have said to the world we're going to set the

conditions for a proper transition. we want to provide support for the afghans, contract support, etc., and all of this is going to take some time to do. and when those conditions are achieved, then we'll pull out. that should have been about all we needed to say. not that everyone would agree with it, but with we didn't certainly play into the taliban's hands by announcing a date certain and then they're conducting a major offensive, and the united states air power can't respond because it's not there. it makes no sense. jackie: general, let me ask you this, obviously, we're watching this unfold in realtime after roughly 20 years in the region. it's been accepted that there would be a point where we had to withdraw, and we just discussed different ways that strategy could have been carried out. when you sort of think about how history is going to judge the entire experience of being in afghanistan, there are some who would say, you know, we shouldn't have probably went there in the first place. we weren't necessarily quipped to handle it. -- equipped to

handle it. we knew we couldn't stay forever. and others would say, no, we were facing a major terror group organization, and we tamped down on threats to the united states. how do you think history is going to judge what happens here >> well, i think, first of all, there's complete justification going to afghanistan after 3,000 people killed in america and the people that had done that, we know where they are, and we were going to do something about that. the mission was to make certain there was no reattack. and there hasn't been a reattack. and that is, was the singular most important purpose, to make certain that we limited the al-qaeda's capability, and that's why we even to this day wanted to maintain a modest force to make certain that al-qaeda did not remerge as the result of -- remerge as the taliban takeover of the country. so that is really the purpose and the intent of what we did

there. should we have got involved in nation-building to the tree we did? no, that was a mistake. when we made the decision to go to war in iraq, that took all the priorities away from afghanistan to include the resources and the troops that we needed to be in there at a critical time. they weren't put in until two years later. most people forget why this war is so protracted, and a lot of it has to do with u.s. policy decisions, priority in iraq versus afghanistan, not having troops available until late 2008, not giving the generals the size force they wanted when president obama was making that decision -- jackie: that's a good point. >> lots of issueses in there. but, yes, and there were mistakes, and those mistakes, i think, should be identified historically, and they will be. but i think the purpose, the intent and the accomplishment as a result of what was, what took place in afghanistan, i think, will also be recorded as a positive thing. jackie: general jack keane can, thank you so much. good to see you, thank you. >> yeah. great talking to you, jackie.

jackie: all right. the fda authorizing covid-19 vaccine booster shots for those who arism knew no -- immunocompromised, a panel of vaccine advisers meeting today. jonathan serrie is in our atlanta newsroom with the details on all of this for us. good evening, jonathan. >> reporter: good evening, jackie. that panel went along with what the fda has already authorized, recommending that people with these immune-compromised conditions receive a third dose, a booster dose of these mrna vaccines, particularly the pfizer and moderna vaccines. and then today the cdc director signed off on that recommendation. so this is what the cdc is recommending and what the fda has approved. the fda approval came late last night, came overnight. it affects organ transplant recipients, some cancer patients and others with underlying conditions that compromise the

immune system. approximately 3% of the adult population. the authorization does not apply to people who have received the single-dose johnson & johnson vaccine, nor to people with healthy immune systems for now. in a new study awaiting peer review, mayo clinic researchers estimate that by july the moderna vaccine's effectiveness against covid infection had declined to 76% and that the pfizer vaccine went down to 42%. however, both with vaccines continued their robust protection against severe illness and death. >> with delta people, even though we're vaccinated and we have good immune systems, this virus can cause mild infections akin to a common cold, or it might even put you in bed for a day or two, but you don't have to go into the hospital. >> concerns over the delta variant and rising case numbers have prompted facebook to delay

bringing it u.s. employees back to their physical if offices. originally they had planned to do in october, the date has now been pushed back to january of 2022. and san francisco has become the first major city to announce it will require proof of full vaccination to get into many indoor venues including gyms, restaurants and bars. there are similar requirements in new york and new orleans, but those cities require proof of only at least one dose of vaccine. obviously, much more stringent in san francisco. jackie, back to you. jackie: jonathan serrie, thank you so much for that. as point out, getting the vaccine is about reducing the severity if you are a breakthrough case. all right, pain at the pump with no end in sight. we're talking about that next. ♪♪ we've got you taken care of, sgt. houston. thank you. that was fast!

one call to usaa got her a tow, her claim paid... ...and even her grandpa's dog tags back. get a quote. ♪ ♪ experience, hyper performance that takes you further. at the lexus golden opportunity sales event. get 0.9% apr financing on all 2021 lexus hybrid models. experience amazing at your lexus dealer. i'm not always on my game. at your lexus dealer. but lately, my uncle is, especially with his type 2 diabetes. with once-weekly trulicity most people reached an a1c under 7%. plus it could help you lose up to ten pounds. trulicity is for type 2 diabetes. it isn't for people with type 1 diabetes. it's not approved for use in children. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy. serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin

raises low blood sugar risk. side effects include nausea, vomiting, and diarrhea, which can lead to dehydration, and may worsen kidney problems. ask your doctor about once-weekly trulicity. that building you're trying to sell, - you should ten-x it. - ten-x it? ten-x is the world's largest online commercial real estate exchange. if i could, i'd ten-x everything. like a coffee run... don't just sell it. ten-x it.

in business, it's never just another day. it's the big sale, or the big presentation. the day where everything goes right. or the one where nothing does. with comcast business you get the network that can deliver gig speeds to the most businesses and advanced cybersecurity to protect every device on it— all backed by a dedicated team, 24/7. every day in business is a big day. we'll keep you ready for what's next.

comcast business powering possibilities. comcast nbcuniversal is investing in entrepreneurs to bring what's next for sports technology to athletes, teams, and fans. that's why we created the sportstech accelerator, to invest in and develop the next generation of technology that will change the way we experience sports. we've already invested in entrepreneurs like ane swim, who develops products that provide hair protection so that everyone can enjoy the freedom of swimming. like the athletes competing in tokyo, these entrepreneurs have a fierce work ethic and drive to achieve - to change the game and inspire the team of tomorrow. ♪ jackie: welcome back. americans still slammed with rising gas prices as the biden administration is looking abroad for solutions that many say can be found right here at home. jeff flock is in philadelphia with the latest on the surge at the pump. jeff. >> reporter: surge, interesting word there, jackie. this is --

[laughter] this is the newest gas station in philadelphia. it's the wawa just near the airport. it's not only a gas station. take a look in the parking lot here, maybe you see what the biden administration sees as the future. yeah, they're trying to get opec to pump some more oil, but the reality is they see the future as electric. some people say that's contributing to the rise in fuel prices. take a look at the numbers, we're now at $3.19, the average gallon of regular in the u.s. that's held steady in the past week, but that's still a dollar more than it was this time a year ago. we talked to some folks in arlington, virginia. this is the case all over the country, people filling up and pretty much fed up as well. listen. >> it's been really steep, and it's just making it harder to afford. >> it kind of sucks. it makes traveling a lot harder, and that's something that a lot of people have been waiting to do. >> prices are really affecting us, and i don't like it. >> reporter: people that do

not, not like it or don't mind, at least guys like this fella right here, he just plugged into the charger, jackie, said it's going to take about 30 minutes. it does take longer, obviously, to fuel up with electricity rather than gas, but this is the biden climate agenda or, or at least part of it. by 2026 they want to have all vehicles averaging 52 miles per gallon for gas, and they would like by 2030 half of all of the cars sold in the u.s., vehicles sold, to be electric vehicles. all you've got to do is walk up and stick one of these in your car. the future? maybe. jackie? jackie: jeff flock, thank you for that. here now, neil crabtree, who used to work on the keystone xl pipeline. neil, it's great to see you. you know, the biggest question i have for you is what have you been doing since you were laid off from that project? so many people say it's difficult to find work, are you working now?

>> i'm fortunate enough to be working. there is some work out there right now, mostly maintenance on existing facilities. basically we're putting band-aids on aging pipelines that, you know, need to be replaced. we've seen it with the colonial pipeline getting hacked, how important these pipelines are to moving energy across the country. you know, the administration says we need less pipelines. i'd say with we need more pipelines. jackie: well, there is evidence that shows pipeline is the most efficient, it is the safest way to transport petroleum in this country. doing it by rail, doing it by barge, doing it on the road is dangerous and much more expensive, so there is the argument that pipelines are very positive for the oil and gas industry. and i think, neil, what people don't understand about the rising prices at the pump is the fact that this administration is saying we're not going to make it easy for energy companies to do business in this country. we're not going to allow the investment in this kind of

infrastructure. then you have those companies, essentially, pulling back because they know the resistance that they're going to face as a result of that. then you have an administration who needs supply and says to opec if, look at the supply from you. that must be infuriating to you. >> you're absolutely right about that. you know, oil and gas is a commodity, and a lot of times commodities are traded on speculation. and when they see an administration on day one pretty much stomping on the american oil and gas industry, it makes people nervous. and that's got a lot to do with the prices rising. prices ain't rising just because the economy's coming back. this economy's nowhere near it was pre-pandemic, and we had no trouble supplying the country with fuel then -- jackie: thank you. >> we're having trouble right now because of the policies of the biden administration. jackie: thank you for making that point. i get so agitated when people say this is about demand and people hitting the road. listen, people hit the road

every summer and want the travel and want to do all of these things. we shouldn't see this kind of fluctuation just because of the pandemic. and this time last year people were pent-up, cooped up, and they wanted to hit the road too, so that, to me, doesn't explain exactly what's happening here. but i want to talk to you about something else as well. the president said when he canceled the pipeline, oh, you know, oil and gas industry workers, we're going to replace these jobs with green energy jobs, and you'll see, you'll be employed. folks that you know that are no longer working, where are these green jobs? have they materialized? >> they haven't, and that's one thing i remember very clearly john kerry saying, that the market is moving towards a green energy direction. well, that's just a flat-out lie. if the market's move anything that direction, why are we writing to opec to ask them to increase production? that makes no sense. i don't care if you're republican, democrat, independent, that makes no sense whatsoever. we can take care of ourselves with the energy, with what we have near america.

we don't need to be calling foreign countries asking them for help. jackie: yeah. we were -- the nations, pardon me, the world's top producerser. those numbers are slowsly coming down. they've -- slowly coming down. they've dropped about 15% from our peak production level. we don't have to rely on russia, we don't have to rely on saudi arabia and opec. all this administration is doing is bringing us back to a situation where we're dependent on foreign power. >> and let yes must say this me just say this, they used the very same language that people who support american oil and gas, they said americans need affordable, reliable energy. well, of course they do. wake up, joe. wake up. we know that. we have it here in this country. why are our american workers sitting at home and you're depending on foreign countries to provide what we need? jackie: neil, thank you so much. we appreciate you coming on sharing your story and your insight with us. it's so important for people to

actually understand what's happening here, what they voted for and what will happen in the future. good to see you. >> thank you for having me. jackie: house speaker nancy pelosi facing a bit of a revolt from inside her own party. steve forbes is going to weigh in on that next. ♪ ♪ (naj) at fisher investments, our clients know we have their backs. (other money manager) how do your clients know that? (naj) because as a fiduciary, it's our responsibility to always put clients first. (other money manager) so you do it because you have to? (naj) no, we do it because it's the right thing to do. we help clients enjoy a comfortable retirement. (other money manager) sounds like a big responsibility. (naj) one that we don't take lightly. it's why our fees are structured so we do better when our clients do better. fisher investments is clearly different.

[engine revs] ricky bobby, today the road is your classroom. [engine revs] now let's go borrow a boat and make some bad decisions. [engine revs] time to go incognito. [zippers fasten] [engine revs] i love you, ricky! i love you, cal! what's the next stop? it's time for your extracurriculars. ¡vámanos, amigos! woo-hoo! i'm morgan, and there's more to me than hiv. more love, more adventure, more community. your extracurriculars. but with my hiv treatment, there's not more medicines in my pill. i talked to my doctor and switched to fewer medicines with dovato. dovato is for some adults who are starting hiv-1 treatment or replacing their current hiv-1 regimen. with just 2 medicines in 1 pill, dovato is as effective as a 3-drug regimen... to help you reach and stay undetectable.

research shows people who take hiv treatment as prescribed and get to and stay undetectable can no longer transmit hiv through sex. don't take dovato if you're allergic to its ingredients or if you take dofetilide. taking dovato with dofetilide can cause serious or life-threatening side effects. hepatitis b can become harder to treat while on dovato. don't stop dovato without talking to your doctor, as your hepatitis b may worsen or become life-threatening. serious or life-threatening side effects can occur, including allergic reactions, lactic acid buildup, and liver problems. if you have a rash and other symptoms of an allergic reaction, stop dovato and get medical help right away. tell your doctor if you have kidney or liver problems, or if you are, may be, or plan to be pregnant. dovato may harm your unborn baby. use effective birth control while on dovato. do not breastfeed while taking dovato. most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. so much goes into who i am.

hiv medicine is one part of it. ask your doctor about dovato-i did. ♪♪ we did it again. verizon has been named america's most reliable network by rootmetrics. and our customers rated us #1 for network quality in america according to j.d. power. number one in reliability, 16 times in a row. most awarded for network quality, 27 times in a row. proving once again that nobody builds networks like verizon. that's why we're building 5g right, that's why there's only one best network. these days, we want sophisticated but simple. cutting edge made user friendly. in other words, we want a hybrid. and so do retailers. which is why they're going hybrid, with ibm. a hybrid cloud approach with watson ai helps manage supply chains while predicting demands with ease. from retail to healthcare, businesses are going with a smarter hybrid cloud, using the tools, platform and expertise of ibm.

♪♪ jackie: well, president biden at camp david as his multitrillion dollar spending plan hits a bit of a roadblock thanks to a group of moderate democrats. edward lawrence live from the white house. >> reporter: we just learned the president's going to be at camp david through wednesday now. the infrastructure bill first paused his vacation, and now he's dealing with the afghanistan situation. but you mentioned those lawmakers, they could derail almost all the spending the president wants to do from now

going forward. he's also concerned about his economic poll numbers. fox news poll, for example, just released shows that the number one eshoo is inflation of -- issue is inflation of registered voters, 86% either extremely or very concerned about inflation. that's more than violent crime, more than unemployment in the poll. the same number of people blame the pandemic for the rising prices, but look at the next number on the screen here. 79% of registered voters also think the president's policies played a role in the rising prices. now, this polling data and inflation fears might be one reason those nine moderate democrats sent a letter to house speaker nancy pelosi threatening to stalemate over the reconciliation bill as lawmakers in a statement saying this: we will not consider voting for a budget resolution until the bipartisan infrastructure investment and jobs act passes the house and is signed into law. now, senator ben cardin today pushing the line that the white house has been pushing about9 this. listen. >> this has always been a

challenge. both bills are important. the senate passed both bills, i hope the house will do the same, as the president has said. so this is going to be a challenge. >> reporter: hopes the house will do the same. so the nine moderate democrats say they do not want to be the cause of any unnecessary delays in getting people to work. the house is coming back into session on august 23rd to take up that bipartisan infrastructure bill, however, nancy pelosi says she is not going to bring it up until the reconciliation bill passes the senate. so senate majority leader chuck schumer has said that he wants the senate committees to work out the exact language in the reconciliation bill by september 15th so moderate democrats having a little issue with all the spending in that without having the pay-fors in it. his economic agenda going forward up in the air. jackie? jackie: edward lawrence, thank you so much for that. here now, steve forbes, "forbes" media chairman. good evening to you. what's talk about what's happening in washington right now because this is really

interesting. you see as inflation starts to rear its ugly head and americans are feeling the pinch, if you will. the spending all of a sudden doesn't seem to be so popular. >> well, that's right. and the money ultimately comes from the people one way or the other. inflation is a hidden tax which is not so hidden when you pay it at the counter or at the pump. and so some democrats are very queasy. they know they're coming up for re-election in 2022. but don't underestimate, jackie, the left. they're going to put severe pressure on these moderates to let this stuff go through. nancy pelosi knows if she lets the infrastructure bill go through without that reconciliation of 3.5 but really $6 or 7 trillion and numerous new entitlements or which are going to hurt this economy, she knows it won't pass. so she's not going to let the lollly pop go first until they get the rest of it with it. you're going to see severe pressure, you're also going to see unprecedented carrots dangled. carrot, stick and all of a

sudden tony soprano. [laughter] jackie: wow. okay, to put it mildly. it's interesting, those are several different ways this could play out, but it's interesting that these moderate democrats are at least voicing some concern. it's something that we haven't heard a lot of when it comes to that extra $3.5 trillion. dueck there's some way to find a -- do you think there's some way the find a compromise and try and jockey that number and bring it down? >> it's not so much bringing the number down. i worry more about what is actually in the bill. as we know with a lot of these entitlement programs that always sound good, they start with a low number, and then they balloon in the years ahead 10-fold, 50-fold, 100-fold. so they may lower the number and say see how responsible we are, instead of $6 trillion it's only 3, 2 or 1.5 trillion, but if you've got these things that are going to mushroom in the future, that's still a defeat for future prosperity. jackie: i don't mean to put you on the spot here because i'm not sure there's a way to answer this question per se, but is

there any way to quantify if we do see this 3.5 trillion in addition to the 1.2 trillion and the inflation that's in the marketplace, is there any way to quantify how much further it could send prices up? >> you're going to see how the federal reserve decides to finance this. the government's obviously going to have to float bonds to finance it. how much of those are going to be bought by the federal reserve and whether they can find a way to take it out of the banking system as they're doing now with gimmicksment they've already withdrawn a trillion dollars from the banking systems, the banks are flooded with money. so quantify it, i'll just say this: go back to the 1970s, and you'll see in 2022, 2023 if they go through with all this kind of spending the federal reserve can't get its act together, that's what we're going to be in for, stagnant economy, rising prices and rising interest rates which is going to smash the housing market, and the government now has been a paying a way below historic levels of interest on the national debt. so that budget's going to blow

up as well. jackie: yeah, okay. >> the scenario's scary and, hopefully, congress will stop acting like jellyfish, get some backbone, especially those so-called moderate democrats, andstop this. jackie: got it. bottom line, not good -- [laughter] when you look back at history, it could be catastrophic for this economy. i do want to talk to you about the delta variant, what we're seeing with the coronavirus because we were headed towards labor day, we were reopening, things looked really good, and now there's some concern. you see these companies saying, well, some of our employees can stay home longer, that kind of thing, and the white house hasn't necessarily ruled out that it might if extend these benefits that we've been seeing that have been keeping people from going back to work. they already extended the moratorium on evictions, so i'm wondering how likely you think that will be, because i think that will really have a chilling effect on the economy, the stock market, everything right now. >> well, if they continue to do these programs that keep the economy from functioning the way it should, yes, it's going to do

real damage. and already the uncertainty -- and this is a real scandal in terms of public health. the public is confused. what in the world are we supposed to do? you get contradictory opinions, so people just throw up their hands. it's one reason why vaccinations haven't gone as fast as they have, because people don't trust the government. and now the fda may finally getting around to maybe approving, final approval on those phaser and moderna -- pfizer and moderna vaccines? hello, that should have been done months ago. people will act the proper way if they know the proper information. jackie: steve forbes, great to see you. >> thank you, jackie. jackie: all right. speaking of wall street, new highs. the dow and s&p 500 ending in record territory for the fourth day in a row, the nasdaq finishing up slightly. for the week, the dow and s&p 500 up for the second week in a row, the nasdaq down 12 points. all right, leaked audio of

our homeland security secretary revealing a startling assessment of the border crisis. ♪ ♪ well, geico's 85 years isn't just about time, you know. it means experience. i mean, put it this way. if i told you i'd been jarring raspberry preserves for 85 years, what would you think? (humming) well, at first you'd be like, "that has gotta be some scrumptious jam!" (humming) and then you'd think, "he looks fantastic! i must know his skin care routine." geico. saving people money for 85 years. beg your pardon. geico. saving people money for 85 years. ♪ ♪ ♪ ♪ ♪ ♪

hey google, turn up the heat. ♪ ♪ ♪ shingles? camera man: yeah, 1 out of 3 people get shingles in their lifetime. well that leaves 2 out of 3 people who don't. i don't know anybody who's had it. your uncle had shingles. you mean that nasty red rash? and donna next door had it for weeks. yeah, but there's nothing you can do about it. camera man: actually, shingles can be prevented. shingles can be whaaaat? camera man: prevented. you can get vaccinated. baby, call the doctor. camera man: hey! you can also get it from your pharmacist! 50 years or older? get vaccinated for shingles now.

♪ when i was young ♪ no-no-no-no-no please please no. ♪ i never needed anyone. ♪ front desk. yes, hello... i'm so... please hold. ♪ those days are done. ♪ i got you. ♪ all by yourself. ♪ go with us and find millions of flexible options. all in our app. expedia. it matters who you travel with. hi, i'm debra. i'm from colorado. expedia. i've been married to my high school sweetheart for 35 years. i'm a mother of four-- always busy. i was starting to feel a little foggy. just didn't feel like things were as sharp as i knew they once were. i heard about prevagen

and then i started taking it about two years now. started noticing things a little sharper, a little clearer. i feel like it's kept me on my game. i'm able to remember things. i'd say give it a try. prevagen. healthier brain. better life.

♪♪ jackie: well, the dhs secretary admitted that the border situation is, quote, unsustainable. fox has exclusively obtained leaked audio of alejandro mayorkas' meeting with border patrol agents. jonathan hunt is on the ground in texas with the details. >> reporter: jackie, secretary mayorkas had little choice but to acknowledge the reality of the situation in that private meeting with border patrol agents given what they are experiencing and what we are seeing every day here. again this afternoon in the blazing, hot sun, yet another group of migrants arriving here in la are hoya, texas -- la

joya, texas, walking up to an initial processing center to be processed by border patrol. it is exhausting and frustrating for those agents x. in that leaked audio, you can hear secretary mayorkas saying he feels their pain. listen here. >> i know very well -- >> r eporter: and secretary mayorkas also said something that nobody in the biden administration has ever said before. listen to this.

>> reporter: and secretary mayorkas' remarks were walked back in a sense today by the white house. a white house spokesperson saying that what he was talking about was the continued need for the u.s. to implement deterrence measures. border patrol agents that we spoke to here say whatever the words actually meant, they are just that, words. they would rather see actions. jackie? jackie: jonathan hunt, thank you for that. what an interesting way to walk it back. joining me now to discuss, tom homan, former acting i.c.e. directer and a fox business contributor. you heard the audio, you heard the secretary say it's unsustainable. you know, obviously, this is an administration that's not going to do anything about this. this is their policy. you know, does he resign at some point? how could you possibly go down there and see this and still continue on with marching orders? >> well, look, he didn't go on

national tv like he's done many times and say the border's closed and secure. he can go testify in front of congress under oath and say the border's secure and closed, but you can't go eye to eye with border patrol agents who are dealing with this every day. obviously, he didn't know he was being recorded -- jackie: exactly. >> but here's the bottom line. 300,000 gotaways since joe biden became president. that's not a secure border. fentanyl being, fentanyl's coming across that border, over 92,000 opioid deaths, overdoses. that's not a secure border x. they release almost 200,000 people into this country that came across that border illegally. that is not a secure border. they've knowingly released thousands of covid cases, and on top of that, how many of the 300,000 had covid? this border is vulnerable. not only the southern border, they have moved hundreds of northern border agents down to the southern border not to to hold the line, not to do the

national security function on the border, but to help process illegal aliens so the administration can release them even quicker x they want to know why more people are coming. they just keep throwing out, hey, come across the border, we'll release you, you won't be detained. jackie: right. they say don't come, this isn't time to come, but their actions indicate this is precisely the time the come if you want to get into the country. numbers we have coming from mayorkas himself, the encounters reported in july, over 200,000, were up more than 400% year over year. so this is an administration that said, oh, we inherited this problem from the previous administration. no, you didn't. it is a problem, but now it's gotten out of control. it's gotten out of control because you reversed their policies. >> look, you can't blame the trump administration. that dog won't hunt. i was with the trump administration. he gave us the most secure border in my career which spans almost 35 years. illegal immigration was down 60,

80%. so you can't blame the trump administration. then what's the second excuse? oh, it'sen seasonal. the numbers go down as it gets hotter. that was proven wrong. then wait a minute, people are coming from 160 different countrieses. that argument's failed. so the white house constantly is lying to the american people. the root causes of this crisis is joe biden and the policies he created and getting rid of the trump era policies that were the most successful policies i've seen in my entire career. jackie: speaking of the agents handling this, as you mentioned, he can't lie to them talking to them face the face, but they are exhausted. and you've got the border states essentially having to take matters into their own hands, fending off the horrible situation that the federal government has created for them. how does this end for everybody? >> it's going to get worse. look, i'm down in texas right now as i'm speaking to you. i've been down to the border four times speaking to the men and women wearing green. i started my career as a border

control agent. i love these people. they put their lives on the line for this country every night, and they've been abandoned by their president. they've been abandoned by their secretary. the president of the united states, you remember, in his first news, his first speech said the border agents watched people die of starvation on the banks of the rio grande. he's talking to the men and women who saved over 7,000 lives this year already. and we've had over 20 border agents die of covid. these men and women are heroes. they've been abandoned by the commander in chief and the dhs secretary, so the morale is the worst i've ever seen it. we've got to hope that the public puts enough pressure on this administration to tell them to do the right thing. we have a right to have a secure border. jackie: and, tom, i'll add they've been abandoned by vice president kamala harris who was tasked to handle the situation, and basically won't even address it. tom, thanks for your insight. >> thanks for having me.

jackie: the battle for britney spears' freedom taking another legal the turn. how is the battle going to unfold? we've got that for you welcome to allstate. (phone notification) where we've just lowered our auto rates. ♪ ♪ ♪ ♪ and savings like that will have you jumping for joy. now, get new lower auto rates with allstate. because better protection costs a whole lot less. you're in good hands with allstate. click or call for a lower auto rate today. [engine revving] [car horn and collisions] [tires squealing] just think, he'll be driving for real soon.

every new chevy equinox comes standard with chevy safety assist including automatic emergency braking. and there you have it- woah. wireless on the most reliable network nationwide. wow. -big deal! ...we get unlimited for just 30 bucks.

sweet, i get that too and mine has 5g included. that's cool, but ours save us serious clam-aroonies. relax people, my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one upping itself. in business, it's never just another day. it's the big sale, or the big presentation. the day where everything goes right. or the one where nothing does. with comcast business you get the network that can deliver gig speeds to the most businesses and advanced cybersecurity to protect every device on it— all backed by a dedicated team, 24/7. every day in business is a big day. we'll keep you ready for what's next. comcast business powering possibilities.

♪♪ jackie: welcome back. well, the fight is almost over.

britney spears' father agreeing to step aside in the conservatorship ballot, but the timeline remains a little uncertain. here now, attorney remy spencer. remy, good to see you tonight. her father didn't necessarily, or he's saying he didn't necessarily by law have to do this. he's doing it by choice, essentially. >> that's exactly right. it's interesting in his statement today, he makes a big point of saying that there's no reason for him to step aside, but it's the unremeting a-- unremitting attacks on his character that he doesn't believe is in the best interest of his daughter. he's asking for and telling us without any specificity he's going to need time to figure out the financing. so there's truth to the allegations that he was misusing funds, he's not making it look any better at this time. jackie: that is a very good with point. it's interesting because so many of her fans wanted her to have her independence back, but it seems like there's still a little bit more of the saga to

play out here. >> that's right. this is not over. not by a long shot. her attorneys issued a statement saying that they are going to continue to pursue anyone who's done any harm to her accountable for their actions, so it's going to be a long -- jackie: yeah. all right. well, moving on, we're talking also about disney's ceo defending the company's release strategy, basically saying we value flexibility and being able to make last minute calls, this is in reference to the dual releases of films in movie theaters and also on disney plus in the wake of black widow and actress scarlett johansson's lawsuit. >> this is an interesting one that really was borne out of of, i think, the changes we've seen in society as a result of the pandemic. scarlett johansson has filedded a lawsuit claiming her contract was breached because the film was supposed to be released exclusively in movie theaters. however, they released the film streaming on the same day.

as a result of her contractual obligations and rights, she would have made a lot more money. so now disney is saying that, you know, we need to be flexible in this time. and, you know, some of -- very personal, very much an attacken scarlett johansson. and it seems really inappropriate and particularly when you don't have much to argue about. that's when you make -- scarlett go hanson may very well be right. jackie: is there any kind of argument disney could make? we did not expect this to happen, it was a black swan event, and so we had to pivot, and that's what we do in business with. or when a judge looks at this it's just a contract is a contract in. >> almost certainly it's going to be the latter. a contract is a contract. none of us in the media have read her contract, but the plain language of that contract will control. they can't just alter the contract without some form of consideration or consent from

the other party. jackie: all right. well, the campus debate is raging on. the supreme court announcing it is not going to hear an appeal from a group of students at iowa university who -- at indiana university who oppose the vaccine mandate. are we going to be see a lot more of this as vaccines are being mandated? >> this is a really fascinating issue. i think a lot of people expected the supreme court might actually take this case. two federal courts rejected these eight students who claim that their rights have been violated by this mandate from a public university. both courts said, no. the circuit court exebb plained that back -- explained back in the 1900s our supreme court allowed mandatory vaccinations against smallpox, that this is a far less severe imposition for a college student. they can opt out for medical reasons or for religious

reasons. to it's been upheld, and the supreme court declined in their request to hear the case. there are several other cases pending right now in other states, in other circuits, so i do think it's going to come up again and again. we'll see if the court takes it, but none of the other justices dissented in justice barrett's decision not to take the case. jackie: so, essentially, this is setting the modern day precedent for what's to come. >> well, the precedent right now is set by the sir caught court, but -- circuit court. but if they differ, and i think most lawyers expect they will, then the issue becomes more right to create uniformity throughout the country of what the law is. jackie: we're going to have to wait and see. remy, great to see you and have a wonderful weekend. >> thank you. you too. jackie: all right. one storm system setting its sights on florida, the second isn't far behind. ♪ ♪

[sfx: psst psst]

allergies don't have to be scary. spraying flonase daily stops your body from overreacting to allergens all season long. psst! psst! all good ♪ ♪ ♪ common love isn't for us ♪ ♪ we created something phenomenal ♪ ♪ don't you agree? ♪ ♪ don't you agree? ♪ ♪ ♪ ♪ ow! ♪ we did it again. verizon has been named america's most reliable network by rootmetrics. and our customers rated us #1 for network quality in america according to j.d. power. number one in reliability, 16 times in a row. most awarded for network quality, 27 times in a row. proving once again that nobody builds networks like verizon. that's why we're building 5g right, that's why there's only one best network. growing up in a little red house, on the edge of a forest in norway,

there were three things my family encouraged: kindness, honesty and hard work. over time, i've come to add a fourth: be curious. be curious about the world around us, and then go. go with an open heart and you will find inspiration anew. viking. exploring the world in comfort. up here, success depends on the choices you make. but i know i've got this. and when it comes to controlling his type 2 diabetes, my dad's got this, too. with the right choices, you have it in you to control your a1c and once-weekly trulicity may help. most people taking trulicity reached an a1c under 7%. and it starts lowering blood sugar from the first dose, by helping your body release the insulin it's already making. trulicity is for type 2 diabetes. it isn't for people with type 1 diabetes. it's not approved for use in children. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer,

or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy. serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin raises low blood sugar risk. side effects include nausea, vomiting, and diarrhea, which can lead to dehydration and may worsen kidney problems. show your world what's truly inside. ask your doctor about once-weekly trulicity. our retirement plan with voya, keeps us moving forward. hey, kevin! hey, guys! they have customized solutions to help our family's special needs... giving us confidence in our future... ...and in kevin's. voya. well planned. well invested. well protected. ♪♪ jackie: a tropical depression intensifying as it takes aim at florida triggering storm warnings across the coast. fox meteorologist adam klotz is in the weather center with the latest on this storm's pennsylvania. adam.

>> reporter: hey, jackie. yeah, the storm currently sitting just over the island of cuba, central cuba currently, winds at 35 miles an hour. so far it's really been a rainmaker, but it's interacted with the island a lot today. that's slowed it down. our tropical models taking it out into the gulf of mexico. it's going to run up the west coast of florida before eventually probably making landfall somewhere in the big bend area, ap hatch cola -- apalachicola area. it's going to pass over the florida keys on saturday, it slowed down a little bit today, so saturday night and sunday working up the ben coast of florida -- western coast of florida. not probably until monday you get to the florida pan handle. but as it makes those moves, the largest concerns are going to be rain. you're going to start to see that early tomorrow morning. you're seeing bands of showers running into south florida, the heaviest right up along the western coast just depending on how much that storm wobbles how

much rain you get on the eastern side of the state. but it does look like widespread rain. areas with heavy rainfall maybe like 7-8 inches and maybe in some isolated areas 10 inch os of rain. way off back behind it tropical depression seven has formed, very similar path. and, again, this is days out because we're talking about the middle of next week before this gets close enough that we're starting to think about it making landfall in florida. but because it's this early and when you talk about something early, there's still a lot of indecision on where this could go. these are a bunch of different models. some take it up to the east coast, others take it over to mexico. this is one we're going to have to pay attention to but for you, jackie, the focus is going to be fred and what that does here in the next couple of days. jackie: adam, let me ask you real quick as we head into hurricane season, we're watching these two storms but any sense of what this is going to look like at the end of august?

>> reporter: well, the end of august and getting into september, that's typically the business crest time of the year, and we've kind of -- busiest time of the year. it's supposed to be a busy year, so we'll be watching it. jackie: all right. that does it for us on "fox business tonight." we wish you a wonderful evening. "the evening edit" starts right now. ♪ ♪ >> from the fox studios in new york city this is "maria bartiromo wall street". maria: happy weekend to all, welcome to the program that analyzes the week that was in helps position you for the week ahead. i am maria bartiromo inflation and prices on everything from groceries to gasoline their cars on the rise i'm asking investment strategist where things go from here. the number of migrants encounter crossing the border