larry: spending, taxing, immigr larry: spending, taxiing and immigration crisis, afghan terrorism it is all a big lie, save america. . kill the bill. david: this is a fox business alert. there is now no border at all along a key section our southern border with mexico. it's simply gone. thousands of immigrants are streaming back and forth at will between mexico and del rio, texas, settling in a filthy immigrant camp set up informally on the u.s. side of the border. bill mellugin reports after over

10,000 people in that camp. border agents are completely overwhelm by what's going on. no one knows if any of the immigrants are threats to our national security. many thousands of them are from haiti which has a vaccination rate of less than 1%. they are free to roam wherever they want and spread whatever they have. there has been no word about this unprecedented breakdown of our national boundary from an administration that claims our border is closed. i'm david asman. we'll hear in the former acting director of customs and immigration enforcement. you bur wks fox news' bill

mellugin. >> the situation has deteriorated. we got an exclusive ride along. incredible footage we were able to shoot from up there. then,000 migrants crammed under that bridge. wednesday morning there were 4,000 under that bridge. in -- in 48 hours we have almost tripled the numbers. what you are looking at are streams of migrants walking across the rio grande via a dam and enter the united states illegally.

they congregate and gather. once they cross illegally into the u.s. they walk down a different path and stream over to where the international bridge is. why are they gathering there? because border patrol is completely overwhelmed. their holding centers are completely over capacity. so there is nowhere for these people to go. a local mayor, a democrat declared a state of emergency and he is sounding the alarm. >> there are people having babies down there. people collapsing under the heat. they have getting aggressive. they have been in the heat day after day after day. it's something that's very challenging to describe in words. but it's extremely chaotic. >> we are hearing from border patrol sources on the ground

that a majority of the migrants coming into the united states are from haiti. the country of haiti has a covid vaccination rate of 1%. both the mayor and local law enforcement are saying they are getting intel there are 10,000 more migrants coming to del rio getting ready to cross over just like what you saw in that helicopter footage. david: we wouldn't know anything about it if not for your reporting. reuters is reporting the vaccination rate in haiti is.02%. how did you get up in that helicopter if drones aren't allowed in that air space?

>> the faa suddenly put out a tfr which stands for temporary flight restriction. they put it over the bridge, over the port of entry. the order was you can't fly anything under a thousand feet which effectively banned the drones. but it does not apply to law enforcement. texas dps invited us to go up in their helicopter. we found out the faa has granted fox news' waiver and we are cleared to fly again. so our drone will be up and running shortly. david: twre reporting from you the last 48 hours. thank you for being with us tonight. here now is tom homan. we heard the democratic mayor of del rio saying this is a humanitarian crisis.

president biden said the reason he didn't follow the trump advice on immigration which cut immigration tremendously because it was not humanitarian. clearly the situation here is very unhumanitarian. and it's now a national security crisis. right? >> absolutely. more people have died under the biden administration trying to cross this border than under president trump. more women have being raped. the cartels are making more mobby, thousands of covid cases are being released. the situation is the most inhumane i have seen in my entire career. where is aoc? this is far worse than under president trump. i'm disgusted that the president of the united states still hasn't been to the border.

the vice president went to el paso, a long way away from the epicenter. he needs to be removed. he has failed. he knows how to stop this crisis because he was there in 14-15. he knows how to stop it. he refuses to stop it because he fell into the progressive left policies. david: border agents are not there to check these people in. there are thousands of people waiting for somebody to check them in. there could be some very bad folks sneaking in here. you have title 42 of the public health law that is supposed to specify nobody gets in with covid. we have no way of knowing how many of these people have covid. many of them are from haiti which has zero vaccination

rates. there are so -- -- there are so many levels on which this is a humanitarian crisis. >> you are right, it's a public health crisis. 18 to 20 percent of these migrants had covid when necessity come over the border. the d.e.a. says 95% of the fentanyl is coming across the southern border. the border patrol arrested 11 people on the terrorist screening data base. terrorists don't want to be arrested. 350,000 people have got away. that's based on drone traffic and border traffic video they couldn't respond to. thousands of tear rifts have

been released from afghanistan prisons whose sole purpose in life is to destroy this country. i want to know how many of that 350,000 have come here to do us harm. we don't know, but we are going to find out. >> the border patrol agents and the trouble they are having in dealing with this massive amount of migration, there aren't enough agents to deal with. there are border agents dying of covid. there is a huge spike in the number of border patrol agents getting covid and dying from it. i know there are other reasons people can get covid in this country. but you have to think some of that is because of the work they are doing with the migrants. >> their commander-in-chief put them in harm's way. all of them, not releasing most of the families. there would be a lot lesko individual. the men and women of the border

patrol are walking around like zombies. they have been abandoned by their commander-in-chief. this administration has ignored them and put them at great risk. david: not just ignored them. they insulted them. when you look at the number of agents that died in active duty, you see a lot of hispanic surnames as a result of them -- the charge they are racist has been made by certain real extremists like the aocs and others which is just not true. tom, we have to move on because there is a lot of breaking news today. i thank you for being with us. with us is steven hayes, the editor of "the dispatch." how much longer can the

administration deny there is a crisis at the southern border. >> not much longer. but we'll see is probably the right answer. this is not new. we had the surge in the del rio region in dictating back several months. the administration hasn't taken it as an urgent matter. i think this is con $is tent with what we have seen from the administration broadly on the border. you had indications there would be a surge across the southern border. they basically shrugged their shoulders. they don't have a plan. i think we are seeing the results of not having a plan means. david: we have seen the overlap about security concerns about covid. 10 to 20 percent of them are affected some way. there are no vaksing nations in

haiti, 0.2% according to reuters. here is what jen psaki said to peter doocy said the other day showing no concern about what's happening with covid at the southern border. >> we want everybody to get vaccinated. more people are getting vaccinated whether they are migrants or workers. >> the requirement for people with more than a hundred people is not a requirement for migrants at the southern border. >> that's correct. david: a virtual no answer. she did answer the fact that there are no requirements at the border for vaccinations or concerns about vaccinations. >> a glaring double standard. talking about the parade of covid as a crisis that requires some rather creative law making,

rule making by the administration and osha. but the shrug of the shoulders, i thought that was an extraordinary moment from jen psaki about the possibility that so many migrants could be coming in. even if you are sympathetic with the plight of these migrants. the people in del rio are largely haitian. i'm i am pathetic with their eagerness to get to the use the. but this is a lack of understanding what's happening. david: there is zero control. you see them walking back when it's time to buy groceries. they just walk back to mexico and walk back to that underpass. there is nobody stopping them? either direction. very quickly. i have to ask you, their lack of

concern about science with regard to the immigrants bringing covid into the united states seems to parallel what's going on with the fda. the administration said we have to have boosters and the fda said no. and a couple of their top scientists quit over this. and they are still at loggerheads over this. >> the science is not clear on the efficacy of booster shots for people who are not at risk or not elderly. david: the scientists at the fda know a hell of a lot more about science than jen psaki or president biden do. >> they said it's too early to push the boosters for the entire population. i think what we saw with the 16-2 vote, the fda saying we are

thought going to allow this for the population at large. but we'll allow it for the elderly and at-risk populations. if you look at what's coming out of israel and the other science we have seen. david: you know very well the back ground of the scientists that quit in protest after being forced to switch the decision based on politics, not based on science. so this administration time after time has been pushing stuff that's political but does not have anything to do with science. i would argue the booster decision is one of those moments. steven, thank you so much for being here. a u.s. anti-terror strike in afghanistan killing no terrorists but killing a

civilian humanitarian worker and his 7 children. the commander of central command said their intel was wrong. what happened to all the administration's talk about our success of our over the horizon strike capability. president biden's claim that all the trillion dollar spending will be paid for with rising taxes. we have proof the president's math doesn't add up. we have an all-st star lineup. we'll be talking to retired general keith kellogg. west virginia attorney general patrick morici is here. patrick morici is here. and the apple metro patrick morici is here. and the apple metro patrick morici is here. and the apple metro ♪ ♪ ♪ patrick morici is here. and the apple metro ♪ ♪ ♪

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david: another tragic deadly mistake. the department of defense admitting it killed at least 10 civilians and not a single terrorist in its drone strike on august 19. lucas tomlinson has the latest. reporter: the u.s. military had been shadowing the automobile for three hours. it thought it was killing isis with a car packed with

explosives. buff instead 10 children were killed. >> we did not have the luxury of time to do pattern of life. we struck under the theory of reasonable certainty. probably our strikes going forward will have a higher standard. but i don't think you should draw any conclusions about our ability to strike in the future based on this particular strike. reporter: general mckenzie called the strike a tragic mistake. general milly said there were massive secondary explosions. the story at the pentagon was all about the bob woodward book. general milly said his calls

were not unusual. he these are routine calls to reassure allies and adversaries in this case. in order to insure strategic stability. >> general milley will appear before a senate committee on september 28 to discuss afghanistan. david: joining us keith kellogg. general great to see you again. thanks for being with us. first of all on this tragic breaking news. just when you think it can't get worse with this horrible withdrawal from afghanistan it does. what is your assessment particularly in light of the fact that the administration claimed this was a wonderful success story of over the horizon attacks? >> david, thanks for having me.

when you add all this up together, this is incredibly poor performance. somebody needs to be held accountable for it. let's start at the very beginning of it. we lose afghanistan after 20 years of war. that's a loss. the same tall badge government that sits in kabul is the worst government than we saw 20 years ago. then we decide to do the evacuation from a civilian airport instead bagram that we gave up. we do not push the perimeter out. isis-k comes in and explodes a suicide vest and kills 13, and there are injured soldiers. they said they were tracking with a device that you can read

license plates off of cars. but they said too bad, nobody is going to be held accountable. >> somebody is responsible for these actions. the senior leadership right now all the way to the commander-in-chief has mismanaged this. it's an incredible debacle of historic proportions. david: you listen to the administration after it happened and they assumed they had enough intel to call it a success. this is jen psaki bragging about it. >> what we have seen the past week is our over the horizon capacity has worked in going after isis targets and killing people who went after our troops. that's what our focus will be on at this time. david: there she is with the white house emblazoned behind her coming out with complete

bull. it turned out to be 100% wrong and a national embarrassment. >> this is shameful. even the chairman of the joint chiefs said it was a righteous kill. an aid workers and 7 kids. it's wrong. where is the accountability for it. if you are a ship driver in the middle of the night and you are asleep in your bunk and the officer of the deck runs into something, they relieve you. we have had numerous soldiers, sailors and marines killed. we lose a war. then we say we killed two isis-k plotters. and by the way, who is playing football this weekend. it's just bad and somebody should be held accountable for it. david: let me switch to the general milley controversy. here is what this new book

claims general milley told his chinese counterpart after the january 6 riots at the capitol. you and i have known each other for five years. if we are going to attack, i will call you amade of time. it's not going to be a surprise. we don't know if it's true. i read the passage to general jack keane. here is how he responded. >> if he said that, that would be grounds for dismissal at least, correct? >> absolutely, david. i totally agree with that. certainly it would be. but on the surface of that, that's such an outrageous statement. what is reasonable to say, look, general, if we are doing anything adverse here, you will see it. >> general keane who spoke to

general milley by phone said you have to get out in front of this thing. and so far i don't think his statements have addressed that particular charge that comes out in the book. do you? >> if i had been accused of what he's alleged to have said, i would have been out front with the press yesterday going forward. what he did, i believe, is he did something that was fundamentally fraud and wrong. article 2, section 2 of the constitution. there is one commander-in-chief. it's the president. the role of the chairman of the joint comeefs is three. he's the primary visor to the president, the secretary of defense and the national security council. that's it. he does haven't any command and control. i hate to say this, david. i get the feeling we are not

getting the full story. and too many people are giving him a free pass. i'm not. i think he made a mistake. i think he needs to own it. i think he needs to go or be replaced by the president of the united states. you do not call an adversary and if it's true, forecast an attack that may happen. he was wrong. you have to put it in context when that call was made. it was the 8th of january. this is somebody saying we are not too sure trump is in control. i was in the oval office. we had a commander-in-chief in full control. the longest serving senior advisor in the white house, i saw how he bemade during the crises. david: you talked about the

iranian crisis. and he took the full counsel of his military advisors who suggested to hold back your strike, right? >> right. that's exactly right. he went against the advice of his national security advisor. we are in the situation room. we got the information to him. he made the hard call and said no we are not going to do it. it was the right call. he made the light call that day when a lot of people were pushing him to trike hard in iran. david: and we still got soleimani, by the way. general kellogg, thank you so many for coming in. drop the vaccine mandate or else. that's the message from two dozen attorneys general to president biden. how soon can the supreme court overturn a federal mandate that even the president was calling

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david: 24 states are threatening legal action against president biden's vaccine mandate against american workers. republican attorneys general worry that employees will leave their jobs as a result of the requirement. here is one of those a.g.'s west virginia attorney general a --patrick morici. how long is it going to take your lawsuits to be introduced? >> i think you should expect the

republican attorneys general will be stepping up in the near future. we have been waiting for a number of the biden regulations to get finalized sow we can move with speed. they announced something way in advance. they are trying to force the market to move in their direction. force employers and consumers to do things we know are illegal. we expect we'll be in court next week. we are all doing our work. we have been pouring massive time in this. david: president biden himself or after the election, before the inauguration. after the election. he said it would be illegal. he admitted it was unconstitutional. then he goes ahead and mandates it. are you going to use his own words against number court? >> i think president biden knows what he said a couple months ago

was actually correct. when you look at something like a broad national mandate. there are a lot of constitutional reasons why you can't do that from the federal government. but it goes deeper than that. congress never intended to delegate to osha the kind of authority that biden purports it has right now. in constitutional lower, congress does -- constitutional lore. congress doesn't hide elephants in mouse holes. this just doesn't cut it. i think he will be struck down in court fairly quickly. as state attorneys general we are working together to make sure we have the right strategy to hopefully get a swift result and preliminary injunction. real people are murdering from these mandates right now. more people are not going to get

vaccinated through threats. david: how long before the supreme court gets the case? >> that's probably going to take some time. but we are going to start at the circuit court of appeals. it will be a little bit quicker than a normal case that starts at the district court level. it will be 4-6 weeks minimum. but this is so clearly illegal and the harm is so great, we are going togo in and push for fairly quick action with the courts. and that may stimulate a quick ride up to the u.s. supreme court. david: there aren't exemptions that other countries have. even countries like france have exemptions for a high level of antibodies that might be more powerful than a vaccine. >> you know what's crazy? a lot of people know this. reputable scientists talk about

the value of natural immunity. there are so many people who might have the need for a religious exemption where they have natural immunity to the disease. and you are going tomorrow effectuate a mandate like this that affects 80 million americans. they are on thin legal grounds. i think we'll have a big victory here. david: let's hope it happens fast. there are millions of small businesses that don't have the money to implement these new mandates. a lot of them could go out of business before you get to the supreme court. west virginia attorney general patrick morisey. thank you very much. we'll be asking the former wealth is your first big investment.

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david: with the future of his presidency on the line, president biden is pushing his multi trillion dollar spending plan. he claims they will be fully paid for with higher taxes. but is that even remotely possible? here tbhect us is the former omb director and president of renewing america. $3.5 trillion extra on top of the infrastructure and a lot of people say the enterprise tag will be higher. is there any way higher taxes will pay for this? >> higher taxes in the entirety of the biden administration's agenda will lead to less economic growth and less revenues. we saw in the obama administration, every time they did an adjustment they found less revenue was coming in.

the other problem he has is the paid fors where falling apart even as we speak. they are so unpopular even to democrats. i am thinking of the democrats that voted against the prescription drug reform. i don't believe this will lead to any economic growth. i think it will lead to a worse economic situation than we are facing right now. >> it's based on an incorrect premise. a lie, if you will. the president said the wealthiest have quote entirely escaped paying income tax on what they have made. in fact the top 1% of taxpayers. those earning $700,000 or more pay 40% of all income tax. the top 5% pay 60% of all income

taxes. i would say they are paying their fair share. they are certainly not paying nothing as the president said. >> many of the individuals filing at the tax rate are the small businesses that are the engines of our economy. david: 5 million at last count. and each one of them employ people that could add up to tens of millions, if not a hundred million. >> when you increase on the other hand the corporate tax rate to levels above china. that certainly hurts our competitiveness. we want companies coming to this country, not leaving. >> speaking of the corporate tax rate, there is a story the president is not reporting. they are paying an enormous amount more than what they did. in 2019, the fiscal year 2019.

170 billion is what the government received in corporate tax receipts. it jumped enormously in 2021 to 288 billion dollars. so there was an enormous increase in the amount of money the corporations paid. but even if you have that amount, you would have to double the amount of corporate tax receipts in order to pay off all these spending programs. >> david, what you are getting at is the reality when bureaucrats in washington, d.c. make projections about what tax increases will bring into the federal government in its coffers. they are often ignoring reality which is bad economic policy will lead to worse economic growth and falling revenues. we have seen that throughout history. >> you have to have growth.

and with this tax plan you won't have growth. outrage over the vaccine mandates turning into a shocking attack outside a popular new york city restaurant. the full tape and analysis. the owner of it's another day. and anything could happen.

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[bleep] >> oh, my god! david: scratches on the neck, bruises on the arms. the hostess asked for proof of vaccination from a group of diners. the owner of dozen of new york area applebee's. trying to adjust to the vaccine mandates. are you seeing any of this in your restaurants? >> let me tell you how much we see it. when our people see this video they yawn and say what's new. this is part of a pervasive lawlessness. i'm pro getting rid of this covid-19. i just want you to know that.

david: what i'm interested in is how you do that and whether a vaccine mandate is the proper way to do it, and how much it's costing businesses that have been through the ringer the last year and a half. how much do you think this is costing you? >> our sales are up 30% since it started monday in terms of people going in a different direction. but that aside, the vaccination is a government mandate yet they hands it off to the private sector to enforce it. isn't that socialism or communism of some sort? why are we the enforcers of a government mandate. they can whether you need to show a vax with a driver's license or when you get on an airplane. but to hand it to the private

sector. i saw you had a restaurant owner yesterday, he had two restaurants and he said he's going to close one. that's 50% decrease due to the vaccine. >> how much do you have to pay for these inspectors. this is deputytizeing citizens to do police work. as a manager how do you hire and train somebody like that? >> absolutely. but more importantly, we work really hard in some of these any north neighborhoods to teach people hospitality. our people are trained to be nice, not to be enforcement people. how do you pivot from being hospitable to confrontational in a nice way. it's virtually impossible, david. the government is deputizing -- you said it exactly right, because they don't have the'

ability to enforce it. we are large enough that we'll with stands it. we'll get through it. we only have 26 restaurants open. i will probably have to permanently close 10. that would be the equivalent of 1,000, 1,500 people losing jobs. it all starts with this pervasive lawlessness. i say give me a vax certificate and they say no way, i don't have to. the four women yesterday, they are catch and release. they go down and they get the equivalent of a parking ticket and they are gone. david: we have a city where there aren't enough cops in the subways to stop the crimes but they have money to hire inspectors to go throughout the city. >> 12 agencies are involved from

the parks department to the board of health, to the department of building. every day since this began, it's not unusual to be visited by three different agencies. always two people, not one. where do they get the money for that? i have no clue. they wait on line to get seated. when the hostess comes to them which happened with this poor girl and says 2 or 3 whatever it is. they say yes. and three. if she doesn't say show me your vax card we are hit with a $1,000 fine. david: it's entrapment. let's end on a good note. the labor shortage hurting a lot of residents. how do you keep staff with this labor shortage? >> we have been fortunate enough to stay in touch with them through the whole covid crisis and you treat staff as though they are the most important

people that walked into your restaurant. i sell to our staff, then worry about selling to our customer. so we have no staff shortages. david: zane tankel, you are a wise man. thank you for sharing some of your wisdom with us. how much longer does 45-year-old tom (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. ♪ music playing. ♪ there's an america we build ♪ ♪

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david: he says he complained pro football until the age of 50 he's curtly 44 years old he's one of the greatest of all time but the legendary quarterback says he still has many years left in him. that doesn't for "fox business tonight" we hope you have a great weekend, "the evening edit" starts right >> from the fox studio in new york city this is "maria bartiromo wall street". maria: happy weekend welcome to the program that analyzes the week that was in position you for the week ahead, i am maria bartiromo the federal reserve and focus in the upcoming week as the fed meets tuesday and wednesday giving us more into the macro growth and when it will begin pulling back the federal reserve stimulus. this after a volatile week as investors have mixed signals on economic data will be