we always appreciate it, mark. come back to see us soon, please. i want to bring up breaking news, jeff zucker resigned from cnn as part of investigation with chris cuomo. he was asked about a relationship with a collegue. he had knowledge of a relationship. he was required to disclose it he did not. zucker is out. time is up for me. david in for neil. david: charlie will talk about it in couple minutes. he has the inside story exactly going on at cnn where their ratings plummeted the last year-and-a-half. stuart, thank you very much for the toss. good afternoon, everyone, i'm david asman in for neil cavuto ahead. knew since we'll get a lousy jobs report on friday so here is the question, is the white house going to cry emergency and more spending is needed to address

it? charlie hurt is standing by with his take. then new york governor kathy hochul going soft on the new manhattan d.a. over his soft on crime policies. curtis sliwa is here to sound off on that coming up. the head of border patrol telling lawmakers he is worried about trump era border policies going completely away post pandemic. florida attorney general ashley moody just returned from our southern border. she will give us her take what needs to be done to slow the surge at southern border. first, senator joe manchin calling president biden's "build back better" bill a dead issue. no, no, no, no, he said whether he would continue to negotiate with the white house on that, as the u.s. is digging itself into a bigger debt hole with more inflation. edward lawrence is at the white house with the details. edward. reporter: david, yeah, originally the senator first said what bill? i will get to that in a second.

we crossed the 30 trillion-dollar mark in the federal debt on tuesday for the very first time that was years ahead of what the treasury department had actually projected, mainly because of all the spending we did on the covid pandemic. we had the cares act, american rescue plan. most was not paid for with tax increases or savings, just adding to the debt. so the president of the committee for responsible federal budget says this deficit is dangerous with such high inflation. >> we borrowed during bad times, which is when you should borrow during covid and other emergencies. importantly we also borrowed during good times. we're at a point where our politicians act like paying for things isn't even a consideration. reporter: republicans are worried about what's next. >> interest rates go up, we'll have more and more of our budget consumed paying interest on the national debt. one point increase in the average treasury rate is

290 billion plus which is what we pay every year for the va. so it is an amazing impact on the federal budget in a negative bay. that affecting every taxpayer. reporter: so the treasury department pointed me to testimony from november of 2021 by secretary yellen about how much is too much debt. listen. the. >> well, i wouldn't want to sound alarm bells. i think that we are in a sustainable debt path but president biden was very clear when he proposed the "build back better" plan that it should be fully financed as the infrastructure bill was. reporter: so no mention from the white house about reducing debt, just, going forward with more spending that will be paid for. on the social spending package manchin, senator manchin said it is dead. however today, hakeem jeffries, representative, head of the democratic caucus, he said no it

is not dead. they're just working through some stuff in the senate but he does not have a deciding vote there in the senate. thank you. david: if all all the bills were fully financed how come the debt keeps growing so large? that is something janet yellen didn't answer. edward lawrence thank you very much. supply problems at the port companies are turning to chartering freight flights to get their goods into this country. madison alworth is at jfk with the very latest on all of this. hi, madison. reporter: david, despite promises things were getting better our ports continue to have severe delays. many companies are turning to the skies, flying freight cargo than through the ports. jfk they started to increase capacity because how strong the business is doing, how much interest they're seeing from companies. this is all coming at a time like i mention the when we are seeing those severe, severe delays.

for example, in long beach, according to mersk, the shipping company, you could have delays anywhere from 38 to 45 days. when it comes to timely goods like medical supplies or seasonal items, some companies simply cannot wait that long. enter the charter cargo flight. this is a 747. we got a sneak-peek this morning when it flew in to off-load cargo. this plane costs one million to two million dollars per flight but it comes with a guarranty on timeliness. >> don't have any long term issues with offloading cargo. you look what is happening in the other areas of the supply chain folks look to jfk and look at airports to relief that, that burden or to handle that additional demand. reporter: so of course charter flights are a costly solution but companies like wheels up, international freight forwarder, they grab space on the planes whenever they can. the founder said choosing

flights over cargo ships cost anywhere seven to 10 times more but the guarranty is worth it. >> what you are seeing now is transformation of goods traditionally not going by air because of cost prohibitive are, for the most part people are using them for consistency, reliability, and taking one more, i would say blind spot out of the supply chain. reporter: so really doesn't fix the supply chain issue but comes at a cost. when you have more costs getting goods into america, the goods are going to cost more in america. it's a solution that companies are relying on but at the end of the day it does cost more for american consumers. david? david: prices keep going up. no doubt about it. madison, thank you very much. back to government spending our resident sage and the ultimate beltway source larry kudlow exploding rumors yesterday that senator manchin was still negotiating with the white house

on "build back better," explaining last night why those rumors are absolute garbage. listen. >> i mean the guy said forever, no more social spending that is going to jack up inflation even higher. he says he doesn't want a middle class entitlement state with no means testing. all those social spending plans have to have workfare in them the left doesn't want any of that. once more manchin is not going to give in to some mass green new deal spending and subsidizing package that will harm west virginia fossil fuels. it should not be that difficult for the radical left to understand but they don't understand it. so now there is talk of an end-run around manchin. what's an end-run? some kind of new, get this got to love, some kind of coronavirus covid relief package. really? david: could we see some attempts by the white house to use emergency spending if friday's jobs numbers

disappoint? let's get reaction from "washington times" opinion editor, fox news contributor charlie hurt. boy, i'm glad we have larry kudlow to straighten things out. the bottom line, the media was putting out, done this before. "axios" had a lousy report that manchin was negotiating with the white house when he wasn't. "the wall street journal" i used to work there, i love "the wall street journal" but they got it wrong a couple days ago saying the same thing. >> right. david: the point they won't take no for an answer. but the fact that they would keep putting out these reports from the white house is just crazy? >> yeah. it really is, david. you know, we're used to seeing washington operate like this where the one thing that brings everybody together, democrats and republicans together is spending massive amounts of new money that we don't have. as you pointed out, you know, we got to $30 trillion in supposedly paid for bills over the past 20 or 30 years. it is one unifying thing in washington.

that is what makes it so remarkable. these guys, they argued for months over spending a trillion dollars and i, i was convinced that somehow or another democrats or republicans would figure out a way to get together to do it but it is not just democrats and republicans. you also have the media on the sidelines cheerleading all of this nonsense. and this dangerous nonsense, trying to revive all of it. it is a very, it is a very strange and i would say dangerous situation. david: this is what would be the most dangerous i think. if the white house, we're all expecting a bad jobs number on friday for the january jobs report. if the numbers are bad and they say there is some kind of national emergency because of this, and they try to use some emergency spending to get around the fact that they can't get anything passed by congress, what happens? >> well, i think that, i think that the pressure will build on

people like joe manchin to do something about it, but let's stop for a minute and recognize the good news here with the white house. the white house is acknowledging they will have a bad jobs report this week. that is so much better than their reaction to say inflation or crime where they accuse everybody of living in an alternate universe that they believe the crime they see in their neighborhoods is going up or inflation is going up. kudos to them for acknowledging a serious problem. the bad thing is, their solution. the definition of insanity. their solution is to do more of everything that has gotten us into the situation in the first place. and so when they go back to joe manchin and, i pray, you know obviously joe manchin shown a real steel spine throughout these negotiations but i pra i actually believe there are probably more democrats in the senate who probably quietly agree with joe manchin letting

him be the heat shield and they're hiding behind him. if they believe going further into debt with more government spending comes with more regulations and more government mucking up with the economy is going to help anything, then these elections next year will be even worse for democrats than they already are. david: another thing suggested by larry, there is $800 billion apparently in all these covid spending bills has not been spent or can't be accounted for. some of it clearly just disappeared. the omb is not doing its job tracking down our money. could that be repurposed and used by the administration under some emergency measure to spend hundreds of billions of more dollars that might lead to more inflation? >> you would hope so but of course the whole, this whole regime ever spending more money has nothing to do with spending it wisely or trying to get a

return on your investment. all it has to do with, writing more checks, printing more money. listen to somebody like janet yellen just now talking about how we're on a sustainable debt path, yeah, sustainable debt path, says somebody who will not be around, who will not be alive for our children and a grandchildren and great grandchildren who will be paying all these bills. david: easy to say. >> won't be long for all they're paying is servicing the debt on this stuff. you're getting absolutely nothing real for the money that these people have already spent. david: very quickly, back in november democrats were screaming about gerrymandering that republicans were up to? we got a look at a map from jerry nadler's district shows the new way in which it is being configured to kind of guarranty that democrats will hold on to this space for a while. i mean, the very, it looks like the definition of

gerrymandering. what do you make of all of this? >> yeah. it is really incredible. i think that it is probably a pretty good example why a lot of people are leaving places like new york and moving to other places. obviously gerrymandering goes on everywhere. it's a very difficult, i'm not in favor of giving power of drawing districts to unelected people. in my mind makes the problem even worse. but i do think that it reveals the desperation democrats, even in a place like new york feel that they have to resort to these sorts of measures. i hope voters remember it, these are the people in charge. i hope they pay a price for it. david: we'll see. it is not too long before the midterms come our way. charlie hurt, good to see you. thank you for being here. appreciate it. >> thank you. david: straight ahead, a major shake-up at cnn as president jeff zucker steps aside. charlie gasparino has the latest inside scoop coming up next.

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♪. david: nasdaq swinging between gains and losses today. look at google, up 8%, biggest contributor to the s&p after blowout fourth quarter earnings,

advisors, llc founding partner, mitch roschelle. some people are saying tech is on sale but they're not going full steam ahead in terms of buying it today? >> i think everybody, david, has a little bit of heartburn from january and realized that volatility is probably back and while they want to jump in while there are sales, they realize that you know, what goes up has proven in the last can go down. most importantly we're back to fundamentals. the tech companies delivered monster earnings and monster earnings are driving the stock price f we get back to old school fundamentals i think by and large that is good for the market. david: a lot of people thought when apple came in with its great numbers that would create a floor. we had the debacle earlier last week and, we did have a zoom to the positive side on monday but today it is settling. i don't see any floor yet.

do you? >> no, i don't think so be, because, listen, while the "faang" names have driven the s&p 500 there are still a lot of losers, in any given day when the market is up, advance-decline ratio tips toward decline so i think you need more earnings and more positive guidance about the year and i think ahead there are very serious concerns about slowing economic growth which hurts all companies, not just tech names. david: i want to focus on another tech name, netflix. which is consumer tech company. down again about 5 1/2% today, in the past, when they have raised prices it hasn't really concerned them much but it is now. what is happening with netflix and all streaming services? >> i think there is too many subscriptions and we're going to end up seeing consolidation. we have a general race that cut the cord and decideed to go for

streaming services when one or two games in towns. now everybody seems to be in the business and the bigter rest teal broadcast networks have their streaming options. they are too much, people are adding up bills, you know what, this is costing me more than old school cable. by the way on netflix, "squid game" drives subscriptions but when they buy the 10 episodes, what is next. they pivot to the next thing. david: like we're coming to amalgam between cable and streaming services. a lot of people cut the chord. they saw all the individual services mount up in cost, realize maybe there is something to the cords. are we getting to some kind of a merger between cords and streaming? i think so. it is too soon to figure out who would be it. it is in the news cycle today,

discovery merging with warner media. you will start to see that kind of m&a but at some point does apple go out with a ton of cash, do they buy a netflix? it is possible. i think you will start to see stuff like that, if not in 2022, certainly by 2023. david: mitch, the jobs number on friday, are you worried? >> no. i think jen psaki telegraphed it would be awful. the adp number today was awful. it will be interesting to see how the white house spins an awful number, blame it on covid-19? it has been a two year thing. the fact of the matter is, i looked at the jolts report yesterday. we have two times more job openings than they with have people unemployed. we have labor market disruption. we have to look what the solutions are for that. i think the administration has got to start doing something real quick to fix that problem. david: mitch roschelle, great to see you, mitch, thank you so much for being here. appreciate it. coming up new york governor

kathy hochul says she is cutting manhattan district attorney alvin bragg some slack. what does that mean? curtis sliwa is here with his take when we return. ♪. riders, the lone wolves of the great highway. all they need is a bike and a full tank of gas. their only friend? the open road. i have friends. [ chuckles ] well, he may have friends, but he rides alone. that's jeremy, right there! we're literally riding together. he gets touchy when you talk about his lack of friends. can you help me out here? no matter why you ride, progressive has you covered with protection starting at $79 a year. well, we're new friends. to be fair. eh, still.

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life is for living. we got this! let's partner for all of it. edward jones ♪ >> it is important for me not only to show my support for my son who knew both officers very well but also to the nypd and all first-responders from new york city. >> i think we should show them the support, respect that they deserve. david: the second fallen nypd officer being laid to rest today in manhattan as officers across the country face more attacks. fox news white house correspondent jacqui heinrich is here on the growing crime crisis

that the president is battling. jackie? reporter: david, when the president heads to new york city tomorrow his focus is going to be on gun control but his critics and some prominent voices in the law enforcement community want him to focus on criminals themselves. morale among law enforcement is an all-time low. you had 73 officers killed in the line of duty last year, which is the highest number since 1995 with the exception of 2001, right after 9/11. bail renorm is blamed for this. prosecutors and district attorneys come under fire downgrading some crimes, not prosecuting others, emboldening criminals and send wrong message to police to enforce the laws not being upheld by prosecutors. >> not just new york, in cities across the country. when we have violent offenders taken off the street, only put back on the street for them to continue their violent actions that is a failed experiment that is causing people their lives

and making our communities less safe. reporter: the white house has refrained from weighing in on prosecution in general and instead reiterating president biden never called to defund the police and pointed to proposed funding for community policing programs and money he made available in the american rescue plan that communities could use to hire police. >> outlined the comprehensive plan last year to tackle gun crime, that includes giving cities historic funding through the american rescue plan, to put more cops on the beat and support community violence intervention programs as well as initiatives like after-school programming, creating economic opportunities and reducing recidivism to address the root causes of gun crime. reporter: but critics point out that money was covid relief money. it wasn't specifically earmarked to hire more police officers and the president has been critized for not addressing crime vocally enough. not doing enough to bring down those numbers. this visit tomorrow, sort of marks the first step in a new effort to try to turn that

sentiment around. david? david: you wonder why he could not make it for today's funeral? one day difference. jackie, thank you very much for being here. new york governor kathy hochul is cutting radical manhattan d.a. alvin bragg, quote some slack over growing concerns his soft on crime policies are contributing to a rise in big apple violence. reaction from former new york city republican mayoral candidate curtis sliwa. thank you for being here. the obvious question, how about cutting slack for the cops getting shot and killed instead of the radical prosecutor? >> oh, absolutely. and remember alvin bragg publicized his manifesto but all these other d.a.s, they have in their office a list of do not prosecute offenses, starting with shoplifting and then working its way up to the more egregious and serious crimes. even though alvin bragg is the

poster child for hugging the dogs and turning them loose, all the other d.a.s are doing the same thing except they haven't publicized it. kathy hokum, i call her hokum because she says nonsense. she read the riot act to alvin bragg and she did nothing. she will cut him some slack. the only slack you get when you go into duane reade or walgreen store, they give you an alvin bragg with shoplifting, to entire store. all these stores are starting to close, causing even more economic devastation to urban areas across america. david: curtis, the bottom line is who needs protection, who needs protection? is it criminals, do they need protection? or is it the cops and honest citizens and the businesses that are just trying to live their lives in a society that protects the innocent? doesn't harm the innocent and

protect the guilty. it protects the innocent. they have got it completely backwards. >> david, how about all the suckers who pay the taxes, to keep these elected officials not only in office but with police protection themselves, suvs they get to be driven around in at taxpayer expense? there is no consideration for the citizens out there. now let's look at new york city. tomorrow president joe biden is going to come in with a brand new mayor, eric adams and they're going to say oh, it is iron pipeline, all the illegal guns coming in from out-of-state. there are already two million illegal handguns in new york city. they have been around forever because like plastic bags they're not biodegradable. how is it that rudy giuliani and michael bloomberg in 20 years able to keep the guns off the street, the same guns but de blasio and adams haven't the? first month of eric adams, six

cops shot, two killed, crime is worse in one month than any eight years of the miserable cycle of bill de blasio? david: mesh gel goe was not killed by a gun. she was pushed in front of a subway by a crazy homeless guy who should have been in a shelter. the wreak before she was killed in the subway another commuter was stabbed to death on the subway. there are people killed, injured all the time by objects other than guns. it is not the guns that are the problem. it is criminals that use either guns or their own hands or knives or whatever? that is the problem. it is the criminal, not the object that they use. >> look at the emotionally disturbed. they're everywhere, san francisco, los angeles, san diego, st. louis, chicago, philadelphia, new york. all these cities have refused to take these lost souls, they are, men and women not in control of their mental faculties, instead

of hospitalizing them, getting them medicine, they allow them to roam the streets, subways, parks and cities. as a result we continue the cycle of unchecked, unrecognized violence that could happen at any moment. you know something? in all of these cities women, workers, women need to go to the restaurants and bars and nightclubs because, if the women don't go, the men don't go. the cities will never recover until we make the city safe for women, so they don't have to uber themselves all over the place. david: it is the worst form of misogyny, is defenseless women getting killed by men. that is happening not only in new york but happening in l.a. as we saw a couple weeks ago. it is happening every day in cities around the country. finally curtis, i have to ask you about the mayor himself, mayor adams. last time you were on, very disgracious toward him, even though you were competing against him for the mayoral election you said if he gets tough i'm going to be the first one to help him with his tough on crime policies which he

telegraphed he was going to do. i haven't seen it yet, have you? >> no. he has been styling, profiling. number one he said he would bring back the undercover unit, the plainclothes unit of the nypd, the most effective measure stopping violence. now he says they will have a different uniform with a badge and a video camera. that is not undercover. what happened to stop and frisk? he said he would bring backstop and frisk. david, i haven't seen any stop-and-frisk. i don't see cops in the subways. he is selling us wolf tickets in his first month, visit by president joe biden hopefully he can find his way to one police plaza where he will go. we're not getting any improvement. time to get tough, eric adams, man up. david: i don't know how many more cops have to be shot and killed. how many more commuters have to be killed in the subways to take

tough action he promised new yorkers would take. i know you would help him once he gets tough, has a specific plan. curtis, thank you very much for being here. appreciate it. we'll be right back. more after this. my daughter has type 2 diabetes and lately i've seen this change in her. once-weekly trulicity is proven to help lower a1c. it lowers blood sugar from the first dose. and you could 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

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♪. david: cnn president jeff zucker resigning from the company today after disclosing a personal relationship he had with a colleague. charlie gasparino joining us now to discuss. charlie, i read a tweet of yours. we knew about this relationship for a while. everybody inside of the company did. why now? >> well it did say it in the statement. i kind of glossed over that. i've been talking to people all day at cnn and people who had worked at cnn, so, i'm pretty well-versed in this. jeff zucker's relationship with this woman, it's a colleague. she worked for him. was well-known. i can't imagine that david zaslav didn't know, the head of discovery, his new boss.

david and jeff are pretty tight friend. this was spoken about all the time t was a consensual adult relationship but she did work for him. so that becomes a problem. why did it come up now? obviously it came up in this investigation that came out of the cuomo matter. the cuomo matter, chris cuomo you're talking about, was fired by jeff zucker. they did depart on good terms. chris said he was unfairly fired and he disclosed things about his brother. i thought that would get jeff zucker fired. what zucker said one part he didn't know about whether chris was out there actually talking to other reporters about what they knew about, about andrew cuomo's alleged sexual indiscretions. he knew everything else. he knew his employee was

advising his brother, he was a journalist. so it seemed to me at some point they would say whoa, that the boss knew about 90% of this he is still the boss? so i thought that would get him whacked out but it looks like it is this. it looks like, i haven't talked to chris. i'm just surmising, when they put chris in a room with the big law firm, we're looking at this we're looking at that, we're looking at a possible sexual harrassment allegation against you which by the way chris denies. he turned around, me, look what is going on with jeff everybody knew about? she is underling. it violates 15 clauses in the cnn handbook. it is very bizarre. one of the things, which strikes me about cnn is that part of their marketing pitch, particularly against us and some degree against msnbc is that they are real news. they're above it all and, you

know, they can, you know talk about stuff that goes on at other networks like they're perfect and you know, i have a ton of friends at the place. i'm friends with david zaslav but you know, you're not, you know? there but for the grace of god go i should be everybody in this business's motto because we're all human. whoopi goldberg is human. i'm human. we all make mistakes. you know, it is, it is a rough culture out there. david: it is. particularly rough when you're ratings tank as cnn have. >> that's true. david: adds to the fire. we have to go. >> that might have been, i guarranty people are saying you know it is probably the ratings too. david: i think some are saying that. charlie, thank you so much. i appreciate you being here. i read one tweet you gave about the cops in the tweet which, oh, heartbreaking what you see in

the streets. we got to run. i did want to mention that. that is one of the reasons charlie had trouble getting here on time. meanwhile a new bill in california looking to make covid vaccination mandatory kids in kindergarten through 12th grade. kelly o'grady live in l.a. with the very latest. hi, kelly. reporter: hi, david. this actually goes beyond the mandate. this is big because it would remove the personal belief exemption and pfizer's approval for kids under five, children in day care would have to get the jab. legislators are saying this is the only way to keep schools open and safe, even with kids only account for .1% of pandemic deaths. kevin riley called this is not science. this is obsession. the number of families homeschooling their kids has doubled. californians the latest attack on parental choice will be a

final straw. i spoke with a number of parents, we're seeing sit-outs, lawsuits. it's a rare issue that unites parents across party lines. >> we're for choice. let them choose initiative it is all about choice. we're not anti-vax. we have a very large group of parents that are both vaccinated and unvaccinated. we're all standing together for choice and against this government overreach. reporter: i also want to highlight just how quickly this mandate would take effect versus other required vaccines. covid-19 shot just about a year. chicken pox, took a year, mmr took 30 before being mandated. opponents say they need years more testing to understand the side-effects. also important to note we're experiencing a mental health crisis during the pandemic. forcing kids to stay home from school could exacerbate that. it is an equity issue. not all parents can work from heem or have the alternative means to have educational

methods. folks are feeling trapped to make the choices for their kids. david: like they can make in florida and other states. appreciate it, kelly. our next guest be, sonoma fit founder adam kovacs sees pictures of california governor gavin newsom maskless as a slap in the face. he doesn't trusted covid-19 guidelines and the policies are impacting his own business and his children. adam, thank you for being here. we have to make it short because of breaking news. the fact that governor newsom flat-out lied. he quote, i took the mask off for a brief second. we have pictures that prove exactly the opposite. he was maskless for a lot of that occasion. the lies on top of what he did, right? >> yeah. that is exactly right. good afternoon, thank you for having me, david. yeah, it was definitely a huge slap many californian's face i'm sure. yeah. there is not just photos. there are videos that show our governor as well as our mayor

from san francisco walking around partying at this championship game maskless. you know. my kids still have to go to school with masks or when they do any kind of sports, they also have to wear masks outdoors. it is just insanity. david: how much are the mandates hurting your business? >> well, i mean it just continues. it is like, now we're two years in and, in sonoma county we're still at stay at home recommendation. so we're severely impacted. there is no relief, no direct relief to our industry. we're also struggling with employees because you know, let's face it, covid is everywhere. clearly we're traveling. we're going to bars. we're going to restaurants. we basically do everything, and yet, we have to, you know, parents have to take their kids home as soon as they come in contact with covid. so the businesses are also

impacted. huge staffing issues. david: the bottom line is, they haven't really reached out to the business community, have they? i mean i talked to business people from california before. always asking them has anybody from the governor's office or even the local offices of government tried to reach out and ask you what helps and what hurts? have you had any of that at all? >> there is definitely lots of talks. when you see whether it is our governor or even local leaders, when you see them on the news, they do talk a big game about how we're dedicated, want to help small businesses et cetera, et cetera. but it is just not happening. david: yeah. >> we're two years in. the fitness industry and we have received no direct relegal. not from california. not from federal. there was no help. we could borrow money barely. yeah, they don't care. david: no. that is what unites the two

coasts. that is what unites california and new york. i hear the same thing from business people here. they talk the talk but they don't walk the walk at all. best of luck to you regardless of this. hopefully the omicron will be the last wave and we can get through it to the other side. adam kovacs thanks for being here. appreciate it. >> thanks very much, david. david: the u.s. now flying venezuelan migrants to colombia under a new controversial border policy. we have republican congressman mark green when we return.

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♪. >> welcome back to "cavuto: coast to coast." i'm hillary vaughn. border patrol chief raul ortiz was here on capitol hill to meet with lawmakers to ask them for more resources so that the border patrol can deal with the influx of illegal immigrants surging the southern border. we obtained video from inside of the closed-door meeting yesterday and talked with congressman carlos gimenez who was also there. he told me border patrol chief ortiz told lawmakers he is afraid what will happen if title 42 goes away. that is the rule that basically says because of the pandemic the u.s. border is closed and people will be deported or turned away

who tried to enter. ortiz says he is worried what will happen when the pandemic is over, the rule goes away and the record number of people coming here illegally can indefinitely stay. >> he is actually afraid that title 42 will be eliminated because that is one of the tools he uses to deport, whoever it is they're deporting. the change in policy causing the morale to be so low. reporter: we tried to ask ortiz on his way out of the meeting why morel is so low at the cpb right now. ortiz you admitted morale is at an all-time low at cpb. are president biden's policies to blame for that? >> no comment. thank you. reporter: david, ortiz could have easily said no but he didn't. david? david: hillary, thank you very much. get reaction from republican tennessee congressman mark

green. congressman, i can't believe it could get worse. 1.7 million immigrants in texas alone in the past 12 months but it could actually get even more than that if title 42 goes away. what will happen? >> that is exactly what will happen. title 42 allows particularly, david, send you know the single adult males back. that's what they use to get those guys deported and, if they get rid of that, i mean the total number for the u.s. last year was 2.2 million. think about that, 2.2 million people a year coming into the united states? david: incredible. >> it is unsustainable. among all the other things that you already have talked about many times. david: is there anything congress can do about it? >> as long as the democrats are in power, no. nancy pelosi is just as happy with having an open border as joe biden is. no, nothing will be done as long as democrats are in charge. david: legal immigration is a

part of the american experience. i think we all an ancestors were immigrants. that system, the pride with immigration in in the united sts could go away with sour feeling because of what is going on. >> that is a possibility. the border crisis is more than immigration. that border issue is crime. it's covid. think of the fentanyl. they had a recent seizure of thousands of pounds of fentanyl, they worked it out could kill several million americans. if joe biden cared about america, he would close the southern border. americans are i doing because of this. david: if in fact republicans do take over the house or both the house and the senate, is there anything you can do about it, to re-establish order at the border? >> absolutely. what we're going to be doing is looking at funding mechanisms to make sure and laws that make sure that our laws are enforced.

resolutions and laws that push the administration to actually enforce the law. that's the issue. we can hold him accountable through investigations and, we'll have subpoena power. so we can bring those cpb agents up here and on national television have them tell the truth. david: we would be happy to broadcast it. congressman, thank you so much for being here. >> thanks for having me. david: appreciate it. after the break how texas's handling of the pandemic is starting to pay dividends for its population. a live report from the lone star state when we continue.

♪ ♪ if 'cuz i'm as free as a bird now. ♪ and this bird -- david: just love that song. "free bird." breaking free, that's what millions of americans did and are still doing as the pandemic restrictions drudge into year three in some parts of the country. it is our top story this hour. a new study showing states that avoided lockdowns are seeing huge economic benefits with texas leading the charge. connell mcshane is live prosecute lone star state with more p. hi, connell. >> reporter: hi, david. sometimes i think we forget that 22 million jobs were host in march and april of 2020 -- lost, so really most states around the country have not been able to completely dig out from that. as a matter of fact, only four have more jobs now than thaw ham

in, arizona, utah, idaho and here in texas. >> there's no income tax in the sate of texas. there's light regulation. texas stayed open during the pandemic. so new yorkers, people from illinois, people from california, the small business people, they can't leave will fast enough. >> reporter: you know, we're seeing that impact in the small business community. the restaurant owner you see here, the restaurant we're in today, he tells us people have been coming here in droves, moving to areas just outside of austin. tesla's among the companies that's not very far from here with their new facility, and we also went to see another local business that makes all kinds of statues. it's remarking bl to see how they make these statues. but in terms of hiring, before the pandemic they had 28 people in the business, now they're up to 38, and they're looking to add from there.

and from what we can see, population growth really is a big part of this. census figures show us texas has added over 300,000 during the pandemic. two of them worked as chefs living for years in san jose, california, but now here they are walking down main street. >> it seems like your money goes further here. when we drove out here, the last time we stopped for gas it was hitting almost $5 a gallon. and we got out here, and it's down in the $2.75 range. so finish. >> and there's balance because some will say, oh, but the property taxes are so high, and they are in certain locations, but you're not paying the state tax. so it kind of balances. finish -- and just there's a lot of opportunities for jobs. if. >> reporter: yeah. lena has her own business that she started to get up and running. andy, in the meantime, is a chef. he's working at the university of texas right now. in addition to those economic

issues hat two of them were talking about, the oh thing they really emphasized was that it was the relatively open approach to covid that you saw here in texas that played into their move coming from california to texas. and you can think about those other states where there are more jobs now than pre-pandemic. they had similar approaches to the pandemic as what we're seeing here in texas. david: absolutely. connell, thank you very much. well, our next guest wrote about why states like texas and, of course, florida are drive -- thriving. contributor to the hill gene marx joins us now. thanks for being here. i just put it in one word, freedom. and more specifically, both personal freedom and economic freedom. you simply can't have prosperity without them. >> yeah. you know, david, it's freedom and the other world i also think about is respect. david: yeah. >> here i am, i'm in florida right now. let me tell you this morning, i went to a honda dealership in fort myers, about 20-30 people there.

i went to a wawa afterward and got a cup of coffee, went to a publix supermarket, we went out to a restaurant in sanny if bell, no -- sanibel, no masks, no proof of vaccination. now, in philadelphia, where i'm driving back to this weekend, it's completely the opposite. if you walk around in philadelphia it's like people are wearing masks on the street, they can't go into public spaces or theaters or stores without wearing a mask, and the restaurants in philadelphia are now under a mandate where they can't serve people unless they show proof that they're been fully advantage -- they've been fully vaccinated. half of the people in pennsylvania are still unvaccinated, so so you're really cutting down customers for these restaurant owners in philadelphia by that amount. and what it comes down to is freedom and respect. i mean, the leaders here many florida, they respect the business owners to run their businesses safely, and the leaders in philadelphia, they don't. they put on mandates and

restrictions that are telling them how to run their businesses, and the atmosphere in philadelphia from what my clients tell me and what i'm seeing, it's very dreary. it really is. david: and in a service industry in particular, i mean, you're supposed to -- in a service industry you're supposed to treat your customers like a guest, not like a cop. and we're forcing people in the service industry to treat their customers like they're policemen and like they're suspected criminals. >> just a very quick story. before i came down to florida, i went into my local grocery store in philadelphia, you have to wear a mask. i got a phone call during the visit from a client, i had to pull the mask down. the manager came over and berated me because i had to pull my mask down. he was right, i was wrong, and i apologized for doing that. but i felt bad for this guy. he's a young kid. he's a manager at a grocery store. he's got to go around yelling at good customers like me to put on our mask. he didn't sign up for that. that's what business owners in

philadelphia are going through right now. and one final thing, the philadelphia department of health announced that these restrictions and mandates are going to continue on for the coming months. they've david unbelievable. >> so it's not looking brighter for any clients and businesses in the small city, and it's very sad. 25eu6r david i know you're a cpa, but at the same time, florida would want its restrictions has a covid death rate that is 10% below new york with all of their restrictions. they're about the same size, they -- that's a per capita death count. so, i mean, the point is you can't even make a health excuse for these mandates at this point. >> you really can't. and i want to hear about the weather -- not to rub it in, david, it is a lot nicer down here -- [laughter] david: i know, i know. you did rub it in. go ahead. >> people are still inside, they're shopping inside, eating inside in restaurants, they're doing inside activities just like we're doing up in the northeast, and you're right, the cases, the hospitalizations, no one can prove they're better or

worse than they are up in the northeast. but i tell you, david, you drive around here in florida, fort myers, that's where i am right now, all the businesses and restaurants are doing their thing. everybody's out and shopping and doing, you know, and being normal. but philadelphia, not that atmosphere at all. david: i have to say one thing though, gene. even before the pandemic during the 2009 financial crisis i had rick perry on. he was governor of texas at the time, and he said, you know, texas was doing quite well. it was one of those few statements that was kind of avoiding -- states that was kind of avoiding the worst of the recession. i said, why is that. he said, it's not rocket science, you make it easier and cheaper to do business, and you'll have more business. that's something that both the people in texas and florida seem to understand with their lower tax rates or zero income tax rates and lower regulations that the rest of the country doesn't seem to really get. >> yeah, you're absolutely right. and, you know, the word you used at the beginning of this conversation was freedom, and i

complement that with the word respect. let your business owners run their businesses safely and profitable. they know what to do. the her you regulate and mandate them, they're going to go away, and that's why connell was saying how many people are migrating down to texas. same thing going on in florida. david: that was a great piece in the hill. i hope you keep writing about it because we need to be reminded of what freedom, normalcy really is, you know? they talk about the new normal. no, florida has the good old-fashioned normal, and it's working just fine. good to see you, my friend. >> great seeing you. take care, david. david: you too. well, a judge is set to hear a lawsuit against governor glenn youngkin's executive order lifting mask mandates. fox news correspondent mark meredith is in article aington, virginia, with more on this. hey, mark. >> reporter: good afternoon to you. that hearing set to get underway any moment now. as you mentioned, this is a group of schools suing over the governor of virginia's ruling

here, his executive order that basically says parents and students can decide the mask rules as opposed to the administrators and school boards trout the commonwealth. now, youngkin, the governor of virginia, has called the use of these mask mandates ineffective and claiming they're causing for problems for students all over the commonwealth. we, of course, have herald a lot of pushback about what this could mean for the health and safety of so many other. we have heard from a lot of parents who have been speaking up applauding the governor's efforts. >> she should not have to wear a mask all day long. how many people are wearing a mask for 7-8 hours all day long? the people that are a making this decision are not having to suffer in these circumstances. more importantly, we know that they're ineffective. >> reporter: but the schools today argue the opposite, that without masks both students and staff are being put at race

risk. opponents believe that the governor is overruling the authority that a they have when when it comes to school boards that govern local schools. school boards are placed in a legally untenable situation faced with an executive order that is a in conflict with the constitution and state lawment but i think, david, it's really important to point out no matter what happens inside this building today, this is far from over. you're going to see appeals that are going to go on for weeks if not months and then, of course, another track happening here and that is a federal lawsuit filed yesterday by the aclu chapter of virginia saying this is a violation of the americans with disabilities act a saying that students that have a cancer, that have other illnesses are not able to safely go to school because of this executive order. p so as you can imagine, this fight is far from over. good business and good time to be a lawyer because this case is far there from over. david: they're the only ones benefiting from this. let's get reaction from republican florida attorney

general ashley moody. great to see you, attorney general, thanks for being here. governor desantis the actually signed a bill, signed into law a bill to get rid of these mask mandates around florida. so it was a little different from what the virginia governor's doing by executive order. but what are your views about what happens in virginia based on what happened in florida? >> well, you know, a lot of this nonsense that's going on around the country is folks wanting to exercise more control where hay don't have the legal authority to do that, and it's all about control. it's not about supporting the parents and respect aring the development of children or the safety of children. in fact, in your last segment when you were talking about those lawsuits, you know, the school boards there are more upset that youngkin has gone against their control and their authority than they are that he's supporting parents and their decisions for their children and those folks that are actually the constituents of that state. and so i think these are going

to continue to see this, is -- the struggle between misguided, misinformed authority of liberals that want to impose their will on people and leaders like desantis and governor youngkin who want to say, look, we want to help promote the safety and welfare of our citizens, but we have to respect parental decisions and the freedom of our constituents. david: well, i think the bottom line for both mask mandates and vaccine mandates is one size doesn't fit all a. everybody's different. and the community's -- a central authority making decisions for communities and for individuals within those communities doesn't work as well as personal empowerment, allowing people to make their own decisions. but there are certain districts in florida, i think, that were opposed to what governor desantis did, and they fought back. did you give them the freedom to wear masks if they wanted to? >> you know, governor get -- desantis has said from the beginning he wants parents to be able to evaluate the personal

circumstances of their children; have they had covid, do you have medical conditions. let them make that decision. i filed a lawsuit against a biden mandate that says kids as young as 2 years old in head start or programs have to wear masks. i mean, they're developing. they're learning how to speak. they're trying to develop in their communication skills. these decisions and mandates are just ridiculous, and it's par for the course with these liberal leaders. they don't think through the ultimate consequences of the well-being of the people they're trying to lead are. david: attorney general, i want to switch subjects, if i can, to the border, the issue there. you're pretty far away from the border, but you recently went to the texas border with a coalition of state a.g.s, what did you find there? >> you know, it is incredible, the abdication of responsibility for this border by the biden administration. but what's more disturbing than just them violating the law, i mean, i've been saying since

biden took office they're releasing those here illegal arely that are committing crimes back into our communities and had to sue over that. now we know that a they are actively going against the law and building programs to allow folks that shouldn't be here, have no lawful authority to be here to stay, and they're going and getting their relatives, other caretakers, people up to 21 and making arrangements for them to come. i mean, they're broadening these policies against the law. and it is basically an open borders -- and not just with, hey, it's open borders, we have no control, we're going to violate law, let us help you. let us use the taxpayer money of the american citizens to serve as a travel agency to help you bring over here whoever you want. we're going to help you do that. it's against the law, and we've just announced today florida has again amended its suit, and it's fighting back. they're doing this secretly, they're moving people all over the country secretly. and although we've had to sue to get information, they still haven't told us who they're releasing here. david: that's right. by the way, florida has had an

open arms policy towards a lot of people south of the border, in particular you think of the cuban community, the venezuelan community, central american community. so it's not as though you are against migrants. i mean, quite the contrary -- >> absolutely not. david: -- was built by migrants but who came here in a legal form. and they're, as far as i can tell, i mean, you look at all the polls, latin americans who came here legally are absolutely against these open boarer policies. is that true in florida? >> you are absolutely right. florida is a diverse state, it's a welcoming state. we have built our state on those who came here legally, they contribute to our state. i have so many friends opinion around the state that have done great things for the state of florida. but, look, we just had someone here illegally shipped here by the biden administration under one of these programs that they keep expanding illegally murder a floridian.

and we've demanded to know more information, they won't with tell us. i'm having to go to court to get information with the folks that they are illegally smuggling all over the country. every state, every state is now a border state. david: very quickly, attorney general, law and order, this is an issue that's in shambles in places like new york. you are supporting a new bill that would crack down on organized retail threat, these smash and grab things. explain what your bill would do. >> absolutely. in florida we are committed to insuring that this lawlessness and this rampant organized crime does not take root and spread further many florida. you know, if you go into one of these statements or cities whers where you have a liberal executive mayor and a liberal prosecutor, the crime there, the property crime is just astound thing. and it boils down really to leadership. when these things take place, you see the executives, they'll blame the victim business like you should have had more

security. that happened with union pacific, that happened in chicago with that mayor. in florida that won't fly. if criminals are not victims, and we won't blame victims for the crimes perpetrated against them. >> attorney general ashley moody, thank you very much for being here. appreciate it. good to see you. absolutely. great to see you. david: coming up, the white house putting spotify on the spot, pushing the streaming service to continue its crackdown on so-called misinformation amid the joe rogan controversy. more on that next. ♪

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ashley webster has that story. hey, ash. ashley: it's all about outrage and apology with. it's a cycle we're in, david. look, take a look at social media mob basically carrying digital pitchforks continue to hounding spotify over joe rogan's podcast. the streaming service, though, is standing its ground saying it's about free speech, and the company is not a content censor. spotify has already pledged to add advisories to covid discussions, and joe rogan has apologized. but as you say, david, critics say that's simply not enough. and, yes, more aging singers, shall we say, are jumping on the defection bandwagon, and also the white house, not surprisingly. they say tech companies need to do more to combat the spread of misinformation. take a listen. >> our hope is that all major tech platforms and news services for that matter be responsible and vigilant to insure that the american people have access to

accurate information on something as significant to covid-19, so this disclaimer is a positive step, but we want every platform to continue doing more. >> reporter: like netflix's flap over dave chapelle and facebook's scandal over its impact on teenage girls, time will tell the damage actually done to spotify, and the stock price often tells the story. it hit a 52-week low back in january, january 28thth. the stock has since recovered, welsh $25 and is up about 10% this week although down today ahead of earnings 5.5 points. but some things to remember, spotify doesn't make money on its music platform. 70% of that revenue goes to the artists and the record labels. musicians may have hit spotify creating bad publicity, but to date no major advertiser has,s and that's important. and, oh, yes, let's not forget the joe rogan podcast generates one million daily listeners.

spotify will be reporting earnings after the break, david, or after the bell, and it'll be very interesting to see whether they comment on the rogan ruckus and whether they have any further plans. but you know what? these things come and go, and9 spotify putting all of its money on their podcasts and holding firm. free speech. dave david they've got to mention -- it's the elephant in the room. heavy got to talk about it. >> reporter: it is. david: thank you very much, ashley, very interesting stuff. look at oil, now hovering around $88 a barrel, just below that figure. opec sticking to its oil output policy, defying pressure from the u.s. and india who want them to produce more ask try to get the price down. phil flynn joining us now. you knowings one of the worst things about losing energy independence besides the price going up which, of course, is the worst thing, is the fact that we now have to pay attention to peck again -- to to pen again. >> yeah. i remember those meetings, we only went there to get free

dinners, right? [laughter] right now it matters again, and it is a sad day, i think, for the u.s. energy industry. of you know, i look at today's energy administration information numbers, and it brought a tear to my eye to think that two years ago the u.s. was producing close to 13 million barrels of oil a day, just under that, you know? if now we're down almost 2 million barrels from that level, and it didn't have to be. we shouldn't retreat from u.s. oil and gas production. i think it's the only way to move forward with the economy, and if you want a real energy transition, you've got to do it realistically, and fossil fuels are part of that e equation. david: refineries are now getting hit by a whole bunch of new rules from the epa, and it particularly targets the small refinelies, the ones that hire -- refineries, the ones that hire the most amount of people. they just don't seem to get it. it's almost as if the administration wants prices to go much higher, and some people say that is their goal.

>> i think if you want to make some of these alternative fuels look realistic, the only way that happens is if prices go up. but you're absolutely right about refining capacity. you know, you have biden administration saying, hey, we're really upset about these high gasoline prices, and we're going to call opec and say, please, get to our gasoline prices down, and we're going to release oil from the strategic petroleum reserve to try and manipulate prices. the problem is regulations squeezing the small refineries out. listen, gasoline demand in the united states is probably going to eclipse record highs here in the next couple years, but yet our refining capacity, it's shrinking, you know? the only answer to that is higher gasoline prices, and that's why right now gasoline prices are right at a seven-year high. dave david and as people get caught short because they don't have enough natural gas, guess what they're going back to? it's coal. 24% of our energy now comes from

coal as 20% a year ago or a year and a half ago before this administration started their attacks on matchal as a -- natural gas, so the air is getting dirtier probably. >> it is. and we're seeing europe burn more coal, more dirty oil to make up for that lack of natural gas. and here in the united states, i'm concerned what's happening to natural gas today. these prices are soaring because of this cold front going down to texas. governor abbott says the lights are going to stay on. let's hope he's right, but regardless, this cold front's going to cost everybody a little money. david a david phil flynn, thank you very much, appreciate it. coming up, nypd officer wilbert mora laid to rest today. will tomorrow's meeting between the president and new york's mayor do anything to stop the violence? >> an ocean of officers shouldn't have to line the street for the second time many five days to mourn the appalling loss of a 27-year-old son and brother. >> i never got the chance to tell you how truly special i thought you were. i remember how you always lit up

the room with your smile, always happy and mellow. not an ounce of meanness in your whole body. >> in this moment of grief, we are rise to the moment and the purpose. but i know the powerful feeling that we have in this city, it will give us the strength to indoor and move forward.

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david: well, children are finally returning to in-person learning. that's good news. but some school officials are reporting an increase in violent and criminal behaviors. jeff flock is at a high school in philadelphia where a recent shooting occurred. jeff? >> reporter: john bartam high school here in philadelphia, david. just one week ago to the day a 17-year-old senior who was leaving the high school after class on last wednesday shot to

death. emblematic, maybe, of what officials and therapists are saying is happening not just here in philadelphia, but elsewhere around the country. take a look at these numbers. shootings in u.s. schools, a total last year of 2499, that's double what -- 249, that's double what it was the year before and, in fact, the year before that and the year before that. some attribute this to students coming back into the classroom, not adjusting tremendously well to it. it's not just shootings. that gets the attention, but more misbehavior, more fighting, more drug use, hate crimes against other students, that is all taking place as well, say administrators and folks that try and do something about this like therapists. akea williams is a woman we talked to here in philadelphia who has been offering free therapy to any students that have been the subject of violence. she says she doesn't really know how without some sort of outside

help that students these days, a lot of students, are able to cope. listen to what she told us. >> how can i go to school, do my work, going to talk to my counselor about maybe enrolling in my colleges when we're on a lockdown because someone brought a gun to school? if you can't because right now it's fight or flight, right? i have to choose to be safe. i can't worry about what's going on with schoolwork. i'm trying to make sure i can get to school or i can get home safely. >> reporter: she's got a program, david, called therapy over revenge, three free therapy sessions to any kids that have been the subject of violence. there's a lot of covid relief money out there. when you look at what's happening in the schools, perhaps some people suggest maybe devote some of that money to trying to help the kids that need it most who are trying to adjust in a very changed and difficult world. draw david tracking down that money and where it went is a

problem. we're find r finding out it didn't go to place it should have gone. jeff, thank you very much, appreciate it. meanwhile, nypd officer wilbert mora being laid to rested to. officer mora is the second officer who died after being ambushed last month in harlem. president biden is apparently coming to new york city tomorrow for a meeting with mayor eric adams to talk about violent crime. joining me now is retired nypd lieutenant joe cardinali. before with we get to president biden and the mayor, the funeral today. i gotta tell you, all over -- i was here for the funeral last week as well, but to see the outpouring of support not only from police officers, but from thousands and thousands of citizens grateful for what they do, putting their life on the line every day to protect the incident -- not the guilty, but the innocent, i took a picture of a line of motorcycles that

came from fort lee, new jersey, with a decent looking cop in the middle of it there and very happy and proud to be here. there does seem to be a re emergence of pride in what they're doing coming from the respect that they're getting from so many citizens around the country, no? >> absolutely. i mean, any respect right now is the greatest thing in the world for the cops. it just, it's sad that it has to come at the hands of the death of two police officer. it's just sad that we're in the state of affairs we're in right now because the politicians -- and some of them standing right in that church -- stand will, you know, with their mouths closed and their eyes open, and they don't do anything about what brings us to this point. and it's great that the citizens are seeing what's going on for real and heir starting to get behind the blue again. and that's what it should be across the country, back the blue. and they really should do it at

no -- no cost should be the greatest cost of a life. it should be done at other expenses like the training they want to do. do whatever they want to do, but a life is too much. david: yeah. and the grass grassroots movements, i think, in the history of america are much more powerful than the individual politicians at the top. but i've got to talk about one of them, the mayor of new york. he came in with great guns saying he's going to be a law and order candidate, he's going to crack town on crime, but he hasn't done much. and today at the funeral the first thing he was talking about was guns as if gun z with us -- guns was problem. we have had people pushed and shoved in front of subway cars, we've had people knifed to death, we've had people killed with bare hands. i mean, the problem is the criminal element, not weapons that they happen to use, right? >> absolutely. and when you have, you're surrounded by d.a.s that refuse to do their job or are going to dictate how they do their job and then you have the

governor say, well, i'm going to look into this and she has the power to remove and does the opposite, you know, let's see what it brings about in the weeks to come, but at the same time, people are dying. and as you said, the subways have to be safe. look, mayor adams is only here for a month, but he was a cop for many years, and he was a borough president, so he knows how everything works. he knows what has to be done. and not from the federal government, he knows within his police department what he has to do. he has to take the handcuffs off, he has to turn his back to certain people who don't want that and say i need to get this job done to make this city safe again. it has to be done. and it can't be done with politicians breathing down his neck saying, if you do that, we're not going to back you up. enough. he's the mayor right now. he has a good police commissioner that wants her men and women to do the best job they can. back these cops off -- up, give

them the indemnification they need to do the job, and make this city the way it should be. david: it was a big problem every time donald trump, when he still lived here, came to new york, but -- and i understand that president biden's got a busy schedule, but couldn't he have arranged to be here for the funeral? that would have -- i understand, as we're saying, politicians are very often figureheads for movements, but at the same time, had he been here for the funeral, that would have made a statement. i think he missed an opportunity, don't you? >> he missed a great opportunity, and it wasn't by mistake either. it wasn't scheduling. actually, it was scheduling. they said, no, no, no, you cannot do this, because then you'll have to do all of them across the unite. but if it were donald trump, he said, listen, i'm going to be in new york tomorrow? no, rearrange my schedule, i'll be there today. if not the president, a powerful representative from the white house should have been this. but they're making a bad

statement when they say, i'm sorry, i'll be there tomorrow to discuss things that are just for show, all right? maybe mayor adams wants to get things moving along with the president, but it's just for show, and he's going to say how he backs the cops up, and that's not true. went on during the obama years, and it's going to continue with him as president right now. david: let's leave by remembering the best of the best, that is officer mora who was laid to rest today. what a brave man, he and his -- all, anybody who puts on the uniform is brave in this environment. i mean, just putting on the uniform is an act of bravery. lieutenant, thank you for being here, appreciate it. we'll have more after this. >> thank you, david. care. it has the power to change the way we see things. ♪♪ it inspires us to go further. ♪♪ it has our back. and goes out of its way to help. ♪♪

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in miami with more. >> reporter: hey, david. the super bowl vetch up to the big game -- stretch up to the big game taking a bruising hit with this damning class action lawsuit filedded by the former head coach of the dolphins who for two straight seasons inside the stadium got himself and the team winning records. the lawsuit claims the nfl has a problem with systemic racism. after three seasons with the dolphins, coach brian flores was suddenly fired january 10th with top brass saying he was difficult to work with. flores alleges billionaire owner steven ross told him that he really fired him because he wouldn't tank the 2019 season in order to get the number one draft pick. flores also claims that he twice interviewed for head coaching jobs that he was never really going to get only to fulfill the rudy rule which requires teams interview external minority candidates. >> it was a range of emotions;

humiliation, disbelief, anger. >> reporter: those interviews were many 2019 with the denver broncos and just recently with the new york giants. both jobs went to white coaches. the lawsuit also a states in certain critical ways the nfl is racially segregated and is managed much like a plantation. the dolphins' response? the implication that we acted in a mannerren inconnect -- inconsistent with the integrity of the game is incorrect. the nfl also responded. we will defend against these claims which are without merit. more rest claims that owner ross actually offered him $100,000 a game in 2019 if the dolphins lost. now, last year there were just three black coaches out of 32 in the league, two of them have since been fired at the end of

last season leaving just one now, mike tomlin, head coach of the pittsburgh steelers, who won the super bowl in 2008 at age 36. david? david: a heck of a story. phil, thank you very much, appreciate it. >> reporter: yeah. david: well, aa mid confusing and contradicting cdc guidelines, also plummeting trust among americans, a bipartisan effort is now shaping up on capitol hill to make the cdc director a senate-confirmed position which, of course, it's not. aishah hasnie has the details for us now. >> reporter: hey, dave. well, you can't really underscore enough how rare it is on capitol hill for democrats and republicans to come together on something, so this is really a rare occurrence, and it really speaks volumes. you have senators patty murray and richard burr of the senate health committee releasing a draft legislation that would revamp how the country responds to a pandemic. and in this bipartisan bill,

they want to make the cc director a -- cdc director a senate-confirmed position. they want to say the current direct, dr. rochelle walensky, as you know facing a lot of criticism for changing cdc guidelines that critics say are not backed by science as president biden has so often touted. it's been a very confusing year, i think we can all agree on that, and both democrats and republicans want to start talking about. >> if we're going to allow the cdc director to put forth mandates for the entire country and different, other different mandates, you know, we need to have the best person for the job. it shouldn't just be appointed. >> obviously, the cdc director is incredibly important, more important now than ever. but i'd have to weigh the equities before i decided on whether it makes sense to have it senate confirmed. >> reporter: okay, what does dr. walensky think about this? the cdc won't say yet.

a spokesperson tells fox dr. walensky looks forward to reviewing the bill and appreciates the senators' focus on pandemic preparedness and also that she'd focus on -- she's focused on getting the country out of the current pandemic. but, david, the takeaway is that democrats and republicans, both of them want some kind of control, some kind of say in who leads the cdc moving forward. david? david: mixes sense. bipartisan agreement on something that makes sense -- >> reporter: can you believe it? [laughter] david: thank you very much. meanwhile, self-driving vehicle makers speeding towards getting their technology out on the road. the man who makes the technology to make it happen, well, he joins us next. ♪ ♪ new projects means new project managers.

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muck. david: well, autonomous car companies are racing to start making money with their technology. ava makes a sensor that helps self-driving vehicles gain a multiwill have dimensional view of the -- multidimensional view of the world. the ceo and cofounder joins us now. good to see you, thank you for being here. what -- is it just that one part of the technology that you're involved with or other parts as well? >> sure. first, thanks for having me. david: sure. >> so we're actually making a technology that helps vehicles,

robots and others see much better. we call it a 4-d lidar which is a sensor technology. and 3-d sensors measure depth, but also the fourth dimension measures velocity, and we think this is critical. and really the reason is if we boil it down, there's about a million accidents yearly in the world today, and that's about 3,000 every day. and if you look into that, about half of those is actually involved with road users, folks like pedestrians, cyclists and such. and what i our -- and why our technology matters is we have the ability to see almost camera-level resolution. so that means we can start to see these vulnerabled road users much better which happens to be what vehicles of the day struggle with. so we can see these -- [inaudible] that's kind of what we're doing. and with velocity, we can see

those dynamic objects much better. david: i mean, the technology's just unbelievable, and it's so valuable in so many ways even if you don't go with autonomous cars, just in the existing cars to give us more ability to prevent accidents. a lot of people think of truckses, okay, barreling down the highway at 65, 70 miles an hour, self-driving, and just one little thing goes wrong and, my god, so many people could be hurt. try to calm those fears for a second. >> sure. so, actually, the thing is, it's not taking out the driver completely. we see the first use of trucks in two careers, one is in assisted driving. actually making those drivers be able to drive safer on the road. when when you're tired and you're driving on the 12th hour, you want to have these systems to help you stay in your lane or prevent a potential accident. so with kind of technology with

the 4-d lie daughter -- -- lay lidar, you can see those things and make it possible. that's the first accept. eventually, the goal is to then, you know, less and less challenges when you talk about high- level automation, and that's where we're going to see autonomous also because the huge supply chain shortage today, especially the truck drivers -- david: absolutely. no, i mean, it's the perfect time for us. we're hoping the technology's there, and it's very close. s -- thank you very much for being here. more "cavuto coast to coast" right after this. say with us. so you can quickly check the markets? yeah, actually i'm taking one last look at my dashboard before we board. excellent. and you have thinkorswim mobile- -so i can finish analyzing the risk on this position. you two are all set. have a great flight. .

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david: interest rates are down just a tick. that might have something to do with all the green on the screen. all three indexes are positive but the man who can really tell you why they're positive is joining us now. charles payne, take it away. charles: can't wait, my man. can't wait. thank you so much. good afternoon, everyone, i'm charles payne. this is "making money." breaking now, a swing and a miss. adp jobs report ugly, stoking more confusion about the state of labor, the economy and what it means for powell and company. meanwhile the market exhibiting a lot of moxie. it keeps staving off big urges to decline. nobody wants to say we hit a bottom but the action is encouraging. you can't simply ignore the great companies of our time. there was