dagen: and spring break mayhem. officials in miami beach, florida, declaring a state of emergency, imposing a curfew in the city from thursday to monday after two shootings over the weekend. that is five people injured that does it for us. "the evening edit" starts right now ♪. elizabeth: happening now, senators continue to grill president biden's supreme court nominee judge ketanji brown jackson. there were major fireworks today. outraged senator lindsey graham walked out at one point. the media misleading again. this is about a lifetime appointment to the highest court in the land for a judge whose legal philosophy largely unknown. joining us tonight, congressman darrell issa, jason smith, former deputy national security advisor kt mcfarland, also gop strategist ford o'connell,

former deputy independent counsel sol wisenberg. former detective oscar odom and fox news contributor tom homan. the fbi warning that russia may cyberattack u.s. energy. how fast will putin cost the red lines on the list president gave putin last june that he said are off limits? can the voters really believe national security advisor jake sullivan, today suddenly touting u.s. energy after this big warning from the federal reserve. that is white house's so-called transitory inflation will be here another three years. to the hunter biden scandal. there is now a credibility crisis. critics are asking where are the congressional hearings? where is the fbi probe if hunter biden's laptop is really russian disinformation? the white house, intel officials media claimed. a.g. barr accuses the president of lying. we have breaking news. the white house just lost a major fight over its weak border

policies in court. we're going to explain. we have shocking video after drug cartel fight on the border. reports drug and human traffickers are getting armed an manned up as the white house may drop a big trump border policy. i'm elizabeth macdonald. "the evening edit" starts right now. ♪. elizabeth: we begin with stocks in the green, led by tech and financials. all the indices up as oil retreats from a two-week high. the pentagon says russia is getting hit with strong resistance from ukraine. russian forces stalled out. it lost 10% of its military. as the world continues to slam putin for genocide. cease-fire talks, ukraine talking no nato membership. putin wants to demilitarize neutral ukraine. looking at a live shot of the senate floor. judge brown browne continues --i brown jackson continues to face

a senate i will greg. david spunt with more on today's explosive moments from today's senate hearing. reporter: liz, the stakes are incredibly high not only for judge jackson but president biden. it may be the only time he can put someone on the supreme court. judge jackson began answering questions 9:00 tomorrow. she will continue all day tomorrow. when it comes to fighting crime texas senator ted cruz accused her of going light on sentences for child porn offenders. she sat on the u.s. sentencing commission. this is the same allegation put forward by missouri republican josh hawley. cruz took a handful of cases that came before the judge and noted her sentencing decisions were far less in several cases than the guy lines. jackson fought back and said the senator failed to include other pieces of evidence. >> in 100% of the cases was the evidence less than the prosecutors asked for? >> senator the evidence in these

cases are egregious. the evidence in these cases are among the worst that i have seen and yet, as congress directs judges don't just calculate the guidelines and stop. judges have to take into account the personal circumstances of the defendant because that is a requirement of congress. i take these cases very seriously as a mother, as someone who as a judge has to review the tall evidence in these cases and based on congress' requirement, take into account not only the sentencing guidelines, not only the recommendations of the parties, but also things like the stories of the victims. reporter: the national fraternal order of police came out in support of jackson's nomination. will she make it on the u.s.

supreme court? three republicans voted for her to put her on the u.s. circuit court of appeals. lisa murkowski, susan collins and lindsey graham. more questioning tomorrow. liz? elizabeth: thank you, david spunt. joining us now, congressman darrell issa from house judiciary and former deputy national security advisor kt mcfarland. we have to deal with this. the president is warning that russia's leader putin that is back is against the wall. he could resort to more severe tactics. there is warning about a cyberattack. he says it may be imminent. let's watch the president here. watch this. >> look, today my administration is issuing new warnings that based on evolving intelligence russia may be planning a cyberattack against us. as i said the magnitude of russia's cyber capacity is fairly consequential and it's coming. the federal government is doing its part to get ready but under u.s. law as you all remember the private sector, all of you,

largely decides the protections that you will or will not take i gave them a list. if i'm not mistaken, i don't have them in front of me, 16 specific entities, 16 defined as critical infrastructure under u.s. policy, from the, energy sector to our water systems. elizabeth: first, congressman, what is your take of the story? does putin really care about that list? >> no, he doesn't and you know it's amazing, years ago there was a movie called a few good men and in that the question was, if you are so powerful and the people obey your orders then why is he doing it? just as that 65-mine call to putin two days later ukraine was invaded, these 16 pieces of infrastructure or categories apparently don't mean anything to putin. so we're being told to get ready to be attacked by a country that we've said basically we can't respond to because they have a nuke and might use it.

that is not the reagan doctrine. that is not a doctrine that the united states has believed in for my entire life and yet this is the new biden, standby doctrine and i'm sorry, it is not even leading from behind. it is not leading at all when you tell people to get ready to be attacked by a country as though that's okay. elizabeth: we hear you, congressman, and kt, the president is basically saying it is up to the private sector. will we see another big pipeline shut down like the colonial pipeline which delivers fuel to the east coast? what do you think? >> i think it could be much worse than that it's a major vulnerability because our cyberdefenses really only cover the u.s. government and the military. they don't cover anything in the private sector. when i went into the white house in the trump administration one of the first things i asked, tell me about our offensive cyber capability, our deterrent. i was told the obama administration, we have defenses but we don't have any offensive capability because the biden

administration, the obama administration, now the biden back to her role as a public defender. watch more fire, today. watch this. >> i don't know you well but i've been impressed by our interaction and gracious and charming. why in the world would you call secretary of defense rumsfeld and george w. bush war criminals in a legal filing?

it seems so out of character for you? >> every single case, 100% of them when prosecutors came before you with child pornography cases you sentenced the offenders not below, guidelines way higher, what prosecutors average of these paces 47.2%. >> if you're going to talk about what i said. i will respond to what you said. if we close gitmo move them to colorado do you support indefinite detension from law of war. >> i would say i'm giving facts. >> the answer is no. i hope they're all dangerous iag back to kill americans. it won't bother me if39 if we let them go. cost 500 million to keep them in jail. keep them in jail.

this whole thing by the left about the war ain't working. elizabeth: congressman, your reaction, was referring to judge's work as gitmo defenders after 9/11. judge said she didn't get to pick her -- >> she got to decide to acause the president of the united states was a war criminal. did she have any evidence he was a war criminal? has anyone said we should try president george w. bush as a war criminal? of course not. they are refreshing confrontations. they are about her record, about what she says and what she believes. we have not asked her if she committed rape. we have not accused her there is no foundation for. we're asking her about conduct as a judge, as a federal defender. those things should be, and they are refreshing to hear those kinds of questions because that what should happen in

confirmation. hasn't happened in the previous two, that's for sure. elizabeth: to the congressman's point you know, it has been really hostile, these nomination hearings, kt. those who are, you know, questioning the judge, basically they're, those questioners are being called racist, right? but this is to the congressman's point, it is about the judicial record. i mean the war criminal citation came up in a legal filing she made on behalf of a gitmo detainee she was defending saying that they were, their torture at the hands of the u.s. government is a war crime. your take on that? >> well i think that was kind of foolish on her part but that probably is exactly what the gitmo detainee was accusing the president of. look, you know i think you pick your fights. and for me she is about as good far left democrat and a far left democrat congress and senate, you're going to get. and so the senate will approve her under the new senate rules. she will get confirmed. i would rather pick my fights,

clearly she should be, she should be talked to and should be having to make substantive answers about substantive questions but i want to move on for my, for my money. i really want to go for other issues that the senate and republicans and conservatives have real effect on, things like spending, things like is there new iran nuclear deal. things like what about energy independence? what about the woke agenda? all those other issues. i would rather save my fire for those. this is not the hill we want to die on. elizabeth: we hear you, kt. senator blackburn and others are congressman are talking about her soft on crime record, that she had side decided during the pandemic to release criminals from the department of corrections, or advised that. your take on her positions there? >> well, no the only are they soft on crime, softer oddly enough than the former attorney general now vice president was when she was in a leadership role in california.

but here's the point, and i agree with it. k, that we have more important things here to talk about but for the members of the senate to make the point, this far left president is making a far left nomination that will lead undoubtedly the court steered further to the left that is a legitimate message to go on record for the american people to understand this is a choice of the left to be soft on crime and i think when you look at that, you ask the question is, when the next election comes up, midterm and the next presidential one, is that a direction america wants to continue going? i think the answer is no. so there will be something there but that's the reason these substantive questions are so important. elizabeth: congressman issa, kt mcfarland, good to see you come back soon. this story, why is nsa jake sullivan suddenly touting u.s. energy after the fed chair rebutting the white house saying transitory inflation they keep talking about will be here for

another three years? we're digging in next on "the evening edit". >> the radical left has taken over biden. we could be a world leader in energy production. we could produce immediately yet we're turning to some of our worst enemies. dad, we got this. we got this. we got this. we got this. we got this. yay! we got this. we got this! life is for living. we got this! let's partner for all of it. edward jones

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elizabeth: staying on this story the fbi put out a bulletin warning it found russia doing, quote, abdominal and reconnaissance of at least five u.s. companies, 18 other u.s. companies in the defense industry, also in the financial services and information technology sectors. now hillary vaughn is in washington with more on the white house's skirmishes with u.s. oil and gas. reporter: good evening, liz. well the white house is still saying that oil and gas companies have everything they need to ramp up production here but that they just are not doing that. the president had face time yesterday with oil and gas ceos but white house press secretary jen psaki says that biden did not get a guarranty from those ceos that they would increase production and some of those ceo's left the meeting feeling like it is congress and the white house that could be doing a lot more. >> do you think the biden administration is doing enough to keep costs low for americans?

>> they're trying their hardest but not enough is happening. reporter: meantime oil and gas groups are busy debunking the white house claims that they are in part to plame for rising gas prices. 10 oil and gas trade organizations representing small and mid-sized producers wrote a letter to the president friday telling him this, quote, from the first day of this administration the very tone and tenor of your administration's attitude towards oil and gas production in the u.s. and the people who make it happen has been consistently and openly hostile. the groups also say the administration is sitting on 4,000 permits that are waiting for approval so that they can develop the leases that they have now. they say green-lighting those permits is an easy way to jump-start oil production here in the u.s. liz. elizabeth: hillary vaughn, great to have you on. joining us now ranking member of house budget, he is congressman jason smith. congressman it is good to see you. the dallas federal reserve bank

global economy will likely sink into recession if russian oil is kept off the market for the rest of the year. fed chair powell, transitory inflation will stick around for three years. congressman, i want you to listen to this, your reaction to nsa's jake sullivan saying we the u.s. is energy producer. he is touting u.s. energy. watch this. >> when the president announced the united states would ban the import of russian oil and gas, he was very clear. he said the united states is uniquely positioned. we are an energy position. we can do this, we can take the step of banning the import of russian gas and coal and be able to withstand it, have resilience against it. elizabeth: your reaction, congressman? >> yeah, under a trump administration, liz, in 2020 the first time in 50 years we were actually selling oil and gas to other countries because we were energy independent but by the

stroke of a pen on day one of joe biden's presidency he eliminated the keystone xl pipeline, firing 9,000 union workers and stopping that supply chain coming from canada, putting a moratorium on oil drilling and leases on federal land, and like what was just said in the prior segment, over four thousand permits are waiting out there and this administration is not allowing it. they are making us where we're not energy independent. that is why they purchased over $64 million a day of oil from russia. it's unacceptsable, liz. elizabeth: can we believe the white house is suddenly positive about u.s. energy when biden had tried to put on the federal reserve board sarah bloom raskin, anti-oil and gas there. his comptroller of currency nominee saule omarova wanted to bankrupt oil and gas. that is what her position was in. georgia and maryland getting rid of, temporarily suspending gas

taxes. congressman, these are nickel and dime moves. even a democrat pollster, impact research saying in swing states like north carolina, arizona, and pennsylvania, eight out of 10 say yes to nat-gas. eight out of 10 say no to the green new deal. >> liz, it is great that state lawmakers, republican state governors are trying to give gasoline relief by you know, holding back their state taxes but we're, where we need relief is from the white house and from the one party democrat-controlled rule in congress. what they have tried to do from day one is to eliminate oil and gas and fossil fuels. they want everyone to drive an electric car. but guess what? they want to eliminate coal power which most of this country, 70% of electricity is from coal power. they are just making the lives of hard-working americans harder every day by running up their prices, making us less energy

independent. it's crazy. unacceptable but their policies. elizabeth: we're tracking what is going on in europe. germany is stockpiling coal and expediting terminals for liquified natural gas. we have europe working to get more fossil fuels into their system. that is what is going on in europe but to give the viewers the idea of the state of the biden white house, watch the vice president in a speech touting high-speed internet in louisiana yesterday. she repeated the same lines four times. >> the governor and i, we were all doing a tour of the library here, and talking about the significance of the passage of time, right? the significance of the passage of time. so when you think about it there is great significance to the passage of time in terms of what we need to do to lay these wires, what we need to do to create these jobs and there is such great significance to the passage of time when we think about a day in the life of our

children. elizabeth: a lot of questions. it is kind of confusing right? there is a new book talking about friction between the biden team and the vice president's team, that the biden team feels like the vice president's office is messy and all over the map. your take on this? >> i mean, liz, just watching that and listening to it it is such a joke. it's like, it is like when ever she made a joke and started laughing about whether she was going to visit the border. it is like whenever she was doing the press conference over in europe. things that she should have been answering she was trying to have the other world leaders answer. then she starts laughing about it? it's so embarrassing. it is unacceptable. it shows that she is not ready to lead. elizabeth: thank you, congressman, jason smith. good to have you on. we'll have you back on again soon. it is good to see you. okay, this story, democrats are suddenly flip-flopping and

changing their tune on mask mandates and more. critics say though it has nothing to do with your health. that story ahead on "the evening edit". >> imagine that, the electorally vulnerable democrats now want to get rid of the face diaper mandate. it is quite obvious the political science is really the only science that matters for the last two years. eipts from the other store. cool. thanks. nice. secure payments, the tools you need, people who can help, we do that. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do.

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>> >> welcome back: to the show, gop strategist ford o'connell. ford, good to see you again. the mask mandate is returning to half a dozen chicago public school classrooms amid a surge in cases but los angeles schools are dropping their mask mandate for children on march 23rd. so there is a disconnect what is going on in the country. >> there absolutely is a disconnect what is going on in the country. the reason why the masks are returning to schools in chicago is because of the power of the teachers unions. covid mandates in this country are not popular. nearly 2/3 of all americans want all government restrictions with respect to covid mandates lifted and the democrats are hearing alarm bells ahead of the 2022 midterms. elizabeth: to your point nearly a dozen democrats in both the house and senate, many of them are at risk of losing their seats in the midterms. they are now signaling they want to end mask mandates. there are just seven months left before the midterms. eight senate democrats voted for senator rand pauls resolution to

ban the travel mask mandate. when you ask steny hoyer will you do a house resolution to match rand paul? silence, they are not going to do it. >> of course they're not doing it because the democratic base basically like covid mandates. they like the government telling them what to do. the problem swing state voters, suburban voters, the voters that will decide the 2022 midterms do not like covid mandates and unfortunately democrats did not learn the lessons of the virginia 2021 elections where republicans swept into power because of mishandling of restrictions as well as the san francisco recall. now some of them, the ones at risk are trying to shove the covid mandate genie back into the bottle and i don't think it will work for them. elizabeth: to your point, representative shaun maloney chair of the congressional democratic campaign committee, he is telling "axios" i'm completely overmask mandates but ford, he is seeing the internal

polling. he knows to your point what voters are saying. they're done, they're over it. the way that the pandemic was botched. he is saying i'm for whatever gets rid of mask mandates as quickly as possible. but he is doing this because it is about messaging. it is about setting up that d.c. media echo chamber into new york, so the democrats can reposition themselves as being forward thinking on the pandemic >> well republicans cannot and should not let democrats off the hook for their tyrannical ways of the past two years. look, lockdowns, prolonged school closures, that damaged people's economic lives and hurt our kids. yes, the democrats are trying to change the message but remember it is up to the republicans remind voters exactly what democrats will do, if you put democrats back into power, i promise you after the midterms they will be singing a different tune when it comes to the mandates. essentially democrats want to regulate every aspect of your life.

elizabeth: ford, what is still out there, schools trying to you know, do vaccinations against parents wishes. we had a federal judge temporarily blocking the district of columbia forcing a law that would let children get vaccinated without the knowledge of their parents, ruling the law, the judge is saying this violates the parents rights and their religious liberties. one lawsuit brought by the father of a teenager at a republican charter school allege the school district created a quote, pressure cooker environment, enticing psychologically manipulating their children to go against parents wishes on vaccination. >> what teachers unions have done to our children over the past two years is unforgivable. you have i'm peaked learning. you have -- impeded learning. you caused psychological problems. to your point, liz, the only people that should decide what is best for the children are the parents. it should not be the government, should not be bureaucrats. elizabeth: got it. ford o'connell come back soon. good to see you. the hunter biden scandal is

credibility crisis in washington. critics are asking where is the hearings, where is the fbi probe if the hunter biden laptop is russian intelligence misinformation that white house and media were quick to claim without providing evidence? a.g. barr is accusing president of lying. that story next on "the evening edit." >> ask the former heads of the intelligence how could someone like john brennan he did his job completely totally objective without favoring a party or working against a particular person like donald trump. ♪ ♪ ♪ ♪ ♪ ♪

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♪. elizabeth: look who's back. fox news contributor sol wisenberg. it is good to see you, sir. okay, critics are asking, where are the hearings, the fbi probe, if hunter biden laptop is really russian diss information where the media and officials were quick to claim without evidence? where are the probes. "new york times" authenticated them as real.

did fbi and intelligence officials brief the white house on this that it is russian disnothings, risk of blackmail? where is all of this stuff. >> well, i've got an equally important question, where are the apologies? where are the apologies here from the press, from the intelligence community, from the big tech community? here's the key to this story which gerard baker said in the journal this morning. here is the key, the son of the man favored to win the presidency was, was purportedly selling access to his family's high-level political connections and offering or suggesting a cut for his father. now the question is, is that, was that a story worth pursue pursueing? the leftist mainstream press, not only suppressed the story but silenced anybody who tried to talk about it. and they were joined in this effort by the entire intelligence apparatus and by

big tech. so rather than pursuing the story, which was worth pursuing, if you have a free press, they actively suppressed it and ridiculed anybody and silenced. we all know about this twitter and facebook, silenced anybody who wanted to talk about it. that is really the story here. compare that to what happened with the russia trump collusion story which was extensively covered, even though it turned out not to be true. this should disturb anybody. what happened with the laptop story, we don't know how much the, i guess we won't know until the investigation, criminal investigation is completed, how much of the story panned out and how much of it is true but really we're talking about a presidential election in the united states of america and the story, a legitimate story is entirely suppressed. that should just worry everybody, don't you think? elizabeth: we hear you loud and

clear, sol, and and a.g. barr, former ag william barr, equally disturbed and he is shocked about the president lied about his son's laptop. watch this. >> i was very disturbed during the debate when candidate biden lied to the american people about the laptop. he was clearly confronted with the laptop and he suggested it was russian disinformation and pointed to the letter written by some intelligence people that was baseless. which he knew was a lie and i was, i was shocked by that. elizabeth: you know, there is also this, former bush cia director michael hayden, he is also yet to retract his claim it was russian disinformation. he sits on the advisory board of a media watchdog group that sets out to correct errors in news stories. then you have james clapper, he is doubling down saying he still stands by his statement at the time he was saying. that he was sounding a

cautionary note. remember james clapper, he was the one who said more and more of the steele dossier is true, actually corroborated. james clapper worked under both presidents bush, he was implicated in the false intelligence assessment that saddam hussein had weapons of mass destruction. >> well just think about it, the key here again, these people are, can be criticized on a number of levels but with respect to this story, the shamelessness of these people, is amazes. just admit it, we were wrong, we rushed to judgment. our judgment was clouded because we so much wanted president trump defeated but really how can you say you have a free press in the sense that we have traditionally discussed it in this country? no, it is not suppressed by the government but when big tech a few big tech companies and a few

big media companies effectively just refuse to report a story? it is all you can say is, it is just astonishing that it happened. and again no mea culpa. no apology whatsoever. elizabeth: sol wisenberg, great to have you on. come back soon. >> thanks for having me. elizabeth: a new form of a crime wave hitting california targeting innocent homeowners. that story next on "the evening edit". ♪. and doug. we gotta tell people that liberty mutual customizes car insurance so you only pay for what you need, and we gotta do it fast. [limu emu squawks] woo! thirty-four miles per hour! new personal record, limu! [limu emu squawks] he'll be back. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪

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elizabeth: welcome to the show former nypd detective, he is doctor oscar odom. let's deal with this. miami, florida, miami beach, state of emergency, curfew, rowdy spring break violence, two people shot. this is where you're at in this country if you want to take off for spring break it involves

shooting off guns? they are worried about riots in that area of florida. >> yes, this is unbelievable. of course people may disagree with the term but we need the term law and order. the united states constitution provides certain rights for us, part of that is us being able to freely assemble and also to be able to walk around. this is the united states of america. and we should be able to walk around free from any type of activities like this where there are crime and shooters. this is uncalled for and should be addressed immediately. i think the curfew is a excellent idea. elizabeth: doctor, there is also this, moving on to this story, border security is swamped, we know that doctor, you and i talked about this. now this story is taking off in south america. foreign national robbers, primarily from places like chile in south america, flying into the u.s., getting in on b-2 tourist visas to rob americans in california. it is being called crime tourism. so, doctor, we're seeing explosion of home and burglary

robberies by the gangs, fly into lax on tourist visas. these criminal gangs coming in. >> definitely. we must get tough on crime with certain events like this. robbery is the forcible stealing of property. burglary is unique offense, unlaw phil taking of property with intent to permanently deprive. unlawful entry. you put people at risk, harm, danger. they are afraid and if we don't stop this, we'll see it will escalate so much that there will be, the crime will increase expose nextly with more murders, robberies, properties being taken. also the fact of destruction of businesses. we must address this issue. we must take a stern approach to it. definitely like the old "baretta" show. elizabeth: we hear you. we've been showing the footage right there, of the these criminal gangs caught on ring cameras and other surveillance

footage in the neighborhoods of california. they're sophisticated, sir. they're coming out of town, coming through ventura county, accused of hundreds of burglaries. tens of thousands of dollars items stolen. coming in at night, doing surveillance on the house, see how long people are gone from the house, they're stepping in. among the 25 largest cities, guess which city has the highest property theft and robbery? it is san francisco bay area. wow, california has to put a stop to this, sir. >> oh, definitely. that is why they have a lot of people fleeing from there, because of the fact that the crime is running rampant. people are losing their property. moreover people are losing their lives, unless they do something to stop this. there will be a lot of problems, like the old "baretta" show, don't do the crime if you can't do the time. they need to be stiffer on penalties, allow law enforcement do what they do. when they go through the criminal justice system they have to make sure they prosecute

people. like if you see something, say something, and we're counting people to do something. elizabeth: bill maher said in a radio show said california is terrible. nothing gets done in the state of california. your final word. >> yes. see something, say something and let's make sure we do it. this is america. so we have to make sure that we stand tall, we stand strong and we protect people individual rights. elizabeth: dr. odom, good to see you, come back soon. we have this story for you. shocking video after gunfight involving members after drug cartel on the border. armed traffickers are getting armed up and ready to go as the white house may drop a big trump border policy. a judge rule #-d against the white house. a big policy loss for the border for the white house. the story coming up. >> last month alone we had 53,000 people they did not apprehend, got away, that were seen on cameras. i hope americans wake up,

because there is a major storm on our doorstep.

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liz: joining us now, former acting director, tom homan is with us, good to see her. let's look at but it from a police helicopter with the texas department of public safety,

suspected, he's going to show an ak-47 at the helicopter near the 74 in rio grande sector, pretty brave stuff, tom. >> i think it's going to get even worse, law enforcement is going to be a target of the cartel. the cartel are making more money right now than they ever have because the biden's border policy are making record amounts of money on funds and heroin and other drugs and at the same time making record amount on the migrant search. they are fighting for who will own what space because are making more than they ever have and they will take out law enforcement like they never have before because of the stakes are so high. this is the result of biden's open border policy and these cartels are brazen it is going to get worse. liz: tom, the area where the footage was taken are a site of a number of shooting incidents, american personnel have been

targeted, they been shot at from across the border and now we are getting reports more and more cartel members are manning up and getting heavily armed as the white house made trump pandemic border policy title 42. >> good points. i said they made record amount of money and human trafficking and human smuggling and drug smuggling but when they lived title 42, they will make even more money because the biden administration, single adults especially back to mexico under title 42 so it will increase business profile of the smuggling organizations the middle cartel so they will make even more which will result even more violent not against each other but against u.s. law enforcement. liz: mexico is saying military sonic to a gunfight involving drug cartel compound in the area where the ak-47 was aimed at the police helicopter, five cartel members killed and another for arrested. i have to move on to this month

the federal judge in ohio partially blocked the white house role instructing ice to detain certain immigrant facing deportation. the judge michael newman, he saying dhs mayorkas' memos of last september strutting ice to prioritize groups of illegal border crossers led to agents breaking the law because ice agents have to deport those with criminal convictions and that when the white house put the layered agenda in their that led to ice breaking the law, that's what the ice is saying. >> i agree with the judge. i testified three weeks ago as an expert witness, i'm the same argument secretory mayorkas is not only to ignore congressional mandated loss supposed to be enforced, he told them not to enforce them, not only ignore them, he will not enforce these

laws, they are against criminal aliens due process and taxpayers and those convicted of serious crimes so the judge is right, this administration acted illegally. i said many times they are not just ignoring the law, they are breaking law. liz: the president supreme court nominee judge ketanji brown jackson, she was on d.c. circuit court of appeals basically rolling to slow down the trump administration's deportation of illegal border crossers so that's where her position is on the border, your take on that? >> it doesn't surprise me she was biden nomination. everybody in the biden administration nominated by immigration ahead of customs and border protection and anti- immigration enforcement. the head of ice who stomp nomination has been stalled again, a sheriff who stop cooperation with ice and refuses officers to cooperate with ice

and frank thanks ray city so it doesn't surprise me. their nominating people against controlling the border and security, not surprising at all. liz: the white house press secretary even saying yes, the white house is preparing for a large influx of migrants at the border when title 42 is repealed so that's the white house position, they say they are coming, there's nothing we can do about it. your final word on that? >> if i was in the white house, i'd ask one question, can you tell me one thing this administration has done to secure the border or slope the flow? she will look at you dumb face because they've done nothing. that's what i would ask her. liz: we got 2 million border crossers, illegal border crossers in fiscal year two, your final word on that? >> we are on apply passed down to beat last year's numbers which are already historic, we

are feeding last year's numbers already to hold on tight, they lived title 42, we got a brand-new historic number coming. liz: good to see you, i'm elizabeth donna, you have been watching the evening at on foxbusiness, thank you for watching. we hope you have a good evening. ♪♪ kennedy: welcome to it, how many americans are in ukraine? almost impossible to know given the dangerous fluid situation on the ground, troops doing their very best to find them as they affiliate with the u.s. government, not necessarily. while they get them out before it's too late? most reporting suggests fighting intensified very much over the last 24th -- 36 hours. the city of mariupol said to be almost wiped off the map. a dozen