>> because every play has a cast. rob: jeesh. carley: jillian loves the corny jokes. jillian: have a good day, y'all. rob: we got to go. see you later. >> there's a hunger for getting our country back and it's happening. it's happening faster than people would think. ensuring the health of our economy is vital to ensuring the health of our nation. these goals work in tandem. they work side by side. it's clear that our aggressive strategy to slow the spread has been working. steve: good morning, everybody, it is tuesday april 28th, 2020. the president is talking about reopening america. in stages. more states back open for business today as covid-19 cases here in the united states inching towards a million,

ainsley. ainsley: that's right. the white house unveiling a plan hoping to help all these states louise lockdowns and get americans back to work. brian. brian: jiff jenkins is live in washington as the sba unprecedented demand for loans under the paycheck protection program. sadly it crashed and it crashed and it crashed yesterday. griff: oh boy did it ever. round 2 opened up and they got crushed almost immediately. sba administrator had to take to twitter ensuring frustrated applicants. writing this unprecedented demand is slowing response time. currently double the number of users accessing the system compared to any previous day during the first round of paycheck protection funding. that first round, that's when 349 billion went to 1.6 million small businesses. now this $310 billion of replenishment, even with the system in place was in such high

demand any one of the more 30 million small businesses across the nation it, just couldn't hold it. the sba is now asking for patients. meanwhile the president is moving swiftly to help those states reopen. announcing state 1.9 million people increasing capacity help with public and private sectors. drive up testing and testing at pharmacies and grocery chains. contact tracing to stop outbreaks before they happen. admiral says they are helping states. >> we will put cdc personnel experts in every single state. they will function as subject matter experts to help the states build the contact tracing routines that they need in order to identify any emerging outbreak. griff: the cdc releasing new six symptoms to watch out for. chills, repeated. muscle pain, headache, sore throat.

new loss of taste or smell. can appear after 14 days. and in addition to the previous ones, cough, shortness of breath. steve: now suddenly a lot of people across the country i had that maybe i already had it. i need an antibody test. right now those tests according to the experts are not very reliable many coming into the country, ainsley and brian, that simply don't work correctly and give you a false positive. one of the things going forward we heard the president last night in the rose garden talking about how a couple weeks ago a month ago all he heard from critics we need nor ventilators. the country rallied and built a bunch of ventilators. now his critics are saying we need more tests. so last night you saw the president with ceos of the big lab corporations and retailers unveil his national strategy. the idea is they are going to

provide the states with 8 million tests to help reopen the economy. the problem is, however collecting the samples. >> what they are going to do is make sure that each state gets 2.6% of their population are able to test them each week which would be great. because, just like chris christie said yesterday, former governor of new jersey, the key is testing and we have got to reopen the country that way. ing. >> it's very important but it's not the be all and end all. it's important. if we wait until we can test every american to be able to reopen our economy, we won't have an economy left. steve: exactly right, we will be talking to dr. deborah birx live an hour from right now about that and so much more, ainsley. ainsley: this is where we have to weigh out the options. everyone wants to get back to work but we want to do it safely. an op-ed in a "new york post" of a doctor of a hospital in the bronx who says i rosenbacher the

coronavirus front line and i say it is time to start opening up. the centers for disease control and prevention sent out a guideline to washington. they say it could be revived but here are. so suggestions. close the break rooms if you go back to work. as far as restaurants are concerned you need to have disposable menus not touching menus and backs on a stack and back on a different table. students in the classrooms they should eat, brian, inside the classrooms. brian: the president also saying look, talking about classrooms. i think it's time considering going back to school in the spring. even if it's only a month just to get the kids used to going back and not for the most part in danger. you worry about the teerps. i can see that come toll graduation. why is west point air force allot to graduate and duke and hofstra aren't. makes no sense to me. oklahoma are opening up the restaurants. see how it's going and what can you learn. mirror that in texas and florida and south carolina and nebraska.

and then we continue to learn. and for those saloons or for those sports bars that don't want to adhere to that it's up to customers to stay away and maybe up to the local officials to come down and go, guys, you are making everything worse for everyone. we are going to shut you down if it doesn't happen. things will work out locally from the white house at 1600 pennsylvania avenue it's hard to sit there and wait for everything to are perfect as chris i have city wrote about the other day. americans did not know that our lives are not without risk and not without fear. we plow through it anyway. and that's pretty much what we should do. meanwhile pennsylvania who just flipped their state legislature. they are pushing back hard on what they're governor is doing with stay-at-home orders. they are taking legal action. here is their counselor mark scargeny. he said we made challenges to the supreme court of pennsylvania the executive order desprifs our clients and pennsylvania businesses of

nonlife sustaining lists include those filing for waivers and denied their rights to due process guaranteed by the 50 and 14th amendment. the executive order constitutes the taking of private property for public interest without compensation as guaranteed for the 15th easement. a little bit in the counsel tuesday. they are taking action because no one is watching their back. you wonder why attorney general barr is getting involved in what the states are doing. he sees no one going to bat for the individual constituents caught up in this vortex of stay-at-home and shelter in place. steve: right. the individual constituents, brian -- and one of the best parts of this particular lawsuit that failed in front of the pennsylvania supreme court and now is being filed with the u.s. supreme court is the name of the lawsuit. it is friends of danny devito et al. danny dei have the toe i devitor congress. he says my due process has been

taken away from me. all sorts of things because governor wolf in pennsylvania has said look, we will stay at home until i say we can get out. they don't think that's fair. we are going to have cathy gregory one of the rae agents involved in this and that lawyer mark scargie right here live on "fox & friends." asked about a german newspaper that mocked up an invoice that they were going to send to china for $160 billion saying that that is how much damages at least that germany sustained and the president was asked about that. and he said this. listen to this. >> there are a lot of ways you can hold them account being. we are doing very serious investigations as you probably know. and we are not happy with china. we are not happy with that whole situation because we believe it could have been stopped at the source. it could have been stopped

quickly and it wouldn't have spread all over the world and we think that should have happened. steve: ainsley while they have a mock up of $160 billion worth of damages for germany that were printed in that newspaper, the president says haven't figured how much we are going to go after them for but obviously he is angry that they covered up and kept us in the dark for so long. ainsley: he is not alone. a lot of states suing now there are individuals that are suing china. this cost 26 million americans jobs. people are out of work. and china, many say, is to blame for this. they covered it up. they knew about it for days. for six days. think about how much more -- how many more lives could have been saved if we had known about it during those six days. one doctor said six days? that's a lifetime when it comes to medicine. there were lawmakers a few days ago that say they want to cancel the 1 trillion-dollar plus u.s. debt to china so that china can pay for it.

the president yesterday said that i built the greatest economy in the world and i will do it again. lindsey graham, here is lindsey graham. the great senator from the state of south carolina on being tough on china. listener to this. >> one of the biggest reasons that donald trump is president of the united states, he saw the behavior of china to be unacceptable. every other president before him has given china a pass. he is not going to give china a pass. i hope the democratic party. who has talked tough in the past about china will step up and work with me to make sure we find out what happened in china. if they don't cooperate. they lose access to the u.s. economy. ainsley: we need to figure out how much this did cost america. some are saying, brian, we need to bill china more than 160 billion. when you are on the radio every day you have some callers that call. in what do they say about this. brian: i always phut talking points people go off. doesn't matter how big or large your city is, people resonate

with who is to blame. you don't have to play political games to say what was nancy pelosi doing in chinatown and san francisco saying there is no problem. can you go back and say what was in the presidential daily brief and say should the president have known. which in all reality nobody knew. because, unless you lived in 1918 you didn't know what was about to hit us. you can't level with the world when you can't level the world with what is about to hit us. the result is 184 countries afflicted. millions die and many lives have changed economies. they never recover. the big picture is this: will the american people continue to point fingers at each other like they did with the russia investigation. instead of vladimir putin. they point at that time donald trump and republicans turned around and said this is a wimp hunt and both resonated. of the real problem was vladimir putin. do we understand when politics is aside. nobody could have stopped this. anthony fawchy was there in late january and february saying it's not going to hit us that hard. we had governor cuomo saying our

medical system will be able to handle it unlike china. they were wrong. mayor de blasio said go to chinchinatown and celebrate chie new year he was wrong. you could put down and say they didn't anticipate a pandemic. but in the big picture it is china, 100 percent china. will we have the courage to pay more for our money and products to put made in america on everything that we see and to get american business shamed into bringing their manufacturing back here. i don't know how apple is going to do it but those -- carley: why not move the companies to india? brian: or here. ainsley: here would be obviously better. brian: they had the contract. and they said we know how to build it. we don't have it. right now we got to figure out -- let apple figure out a way to bring that back. ainsley: i like it. brian: bring back the ppe and drugs and bring it back. american people pay more to do it deride the companies that don't.

ainsley: i agree. steve: this has been a gigantic wake-up call for the united states. going forward, i don't think we are ever going to get caught in this position that we find ourselves in on this tuesday morning. all right. meanwhile, it is exactly 6:13 in the east and jillian joins us from our world headquarters with the very latest on that guy in north korea. jillian: president trump suggesting that he knows the health status of north korean dictator kim jong un. listen to this. >> i can't tell you exactly yes, i do have a very good idea but i can't talk about it now. i hope he is fine. i do know how he's doing. relatively speaking. we will see. jillian: reports the dictator is gravely ill and possibly dead fueled after he missed a major north korean holiday celebration. overnight south korea claiming he skipped out to avoid the coronavirus. north korean media offering two letters from kim jong un as

proof that he's alive. we will continue to follow this. now to this story. women have come forward backing sexual assault accusations against former vice president joe biden. an old neighbor of tara reade corroborating the old senate staffer's claims with n. an interview business insider i remember her saying here was this person she was working for and she idolized him she felt like she was assaulted and didn't feel there was anything she could do. a former co-worker also coming forward to back reade's story. biden has done several interviews since reade first went public and never faced questions regarding the accusations. new overnight major car companies are targeting may 18th to restart production at their u.s. factories. "wall street journal" reports g.m., ford and fee at cris ler have tentatively settled on the timeline. it follows talks with united auto workers leaders and gretchen whitmer's office. a lot of people looking forward to this. today the air force thunder and

blue angels fly over four states to celebrate covid-19 workers. 12 fighter jets operation strong. other cities have seen similar contributes like this in las vegas. one fly over at noon flying over new york, connecticut and new jersey. other seen in the skies over southern new jersey and philadelphia. it's a look at your headlines. i'm sure it will be beautiful. back to you. ainsley: i'm sure it will be. thank you so much, jillian. michael flynn could be exonerated this week as new evidence emerges. film is the victim of one ever the worst miscarriages of justice says gregg jarrett and he joins us live next. these days staying connected is more important than ever.

so we're working 24/7 to maintain a reliable network, to meet your growing internet needs. we're helping customers who are experiencing financial difficulties stay connected. we're increasing internet speeds for low income families in our internet essentials program. and delivering self-install kits to your door. nos comprometemos a mantenerte conectado. we're committed to keeping you connected. for more information on how you can stay connected, visit xfinity.com/prepare.

>> general flynn is a wonderful man. he had a wonderful career. and it was a disgrace what happened to general flynn. let's see what happens now. but what happened to general flynn should never happen again in our country. steve: let's see what happens. president trump there defending michael flynn as the former national security advisor could be exonerated this week. according to maria bartiromo's sources. our next guest says his charges should be dropped and he should sue. joining us right now is fox news legal analyst gregg jarrett. gregg, you know, the president said let's see what happens. maria's sources say he could be exonerated this week it. all comes down to the fact that

flynn and his team have been wanting from the fbi and the department of justice certain documents that show he was innocent for years and now they finally got him, right? >> that's right. and, steve, the fbi has had this exculpatory information for three long years. they have been concealing it under law. they are required to turn it over to the defense, to flynn. they never did that. and finally, a federal judge said hey, cough this stuff up. and it was given last friday to the defense team. and it is excull that tore. you know, all along flynn was set up by comey and mccabe. he was lied to. they said up a perjury trap that flynn didn't fall into. the fbi agents who interviewed him said hey this guy is telling the truth. how could you prosecute a guy for lying when the only witnesses say he didn't lie. but bob mueller's team of partisans prosecuted him any way

and coerced him under threat to cop a plea. this is one of the worst cases of miscarriage of justice i have ever seen. steve: that is such a good point there, gregg, because many people are accused of lying to investigators under usc 1001. but seldom are they prosecuted and so they not only prosecuted a decorated war hero, but they wound up sentencing him. why was he -- why was he made this piñata by this department? >> well, the goal was to squeeze flynn, to force him to say something incriminating about donald trump in this crazy, russian collusion narrative that never actually existed. even if that meant that flynn would invent a lie that

prosecutors wanted to hear. there is no evidence he ever did that but they went after him with a vengeance. and, you know, i think flynn should be after loued to withdraw his plea. the doj should dismiss the charges and then flynn should sue his persecutors who were posing at prosecutors. and look at potential corruption of justice by government officials who breached their duty to uphold the law and use their power to prosecute an innocent man. steve: do you think gregg jarrett we don't know when the john durham report is going to be coming out do you think he is going to look into that and he has a list of people who essentially either broke the law knowingly or unknowingly in the prosecution of this guy, please all that fisa stuff as well?

>> gregg: i hope he has looked at the flynn case we also know he has looked into whether the fbi ever had any justification to open an investigation of donald trump and his campaign, which bill barr has suggested never existed. so he is looking at that he is also looking at lying to the fisa court deceiving the judges in perpetrating a fraud. documenting documents in order to spy on the trump campaign. is he looking at a wide variety of things. i'm convinced there is plenty of evidence that government officials were corrupt and violated the law. so it will be up to durham and attorney general barr to decide what to do with all of that should people be prosecuted, i would say certainly yes. steve: well, that's why we judge your judgment because you know so much about it. you should write a book on the

topic oh yeah you wrote one or two. >> another? steve: gregg jarrett, thank you for joining us today. >> sure, steve. steve: from helping the heroes on the front line to simply telling a loved one you care, americans are coming together during this pandemic. you've seen that u.s. army vet comas best a friend of the show has a message about the american spirit and you will hear it next. - [narrator] soon, lights will come on.

soon, people will be walking back through your door.

soon, life will move forward. we'll welcome back old colleagues, get to know new ones some things may change, but we'll still be here, right here, so you can work on the business of getting your business back. at paycom, our focus will always be you and we'll see you soon. when taking a break from everyday life is critical to everyone's health, there is one thing we can all do together: complete the 2020 census. your responses are critical to plan for the next 10 years of health care, infrastructure, and education. let's make a difference, together, by taking a few minutes to go online to 2020census.gov. it's for the well-being of your community and will help shape america's future. ♪

brian: all right. weaver back with headlines now. meanwhile let me tell you what's happening. calling for betsy devos to open financial aid to daca recipients. dems are slamming devos after she cut out students in the daca program from getting grants as part of the rescue package. devos says her decision is consistent with the law. house speaker nancy pelosi says now might be the perfects time to consider universal basic income. >> let's see what works. what is operational and what needs other attention, others have suggested a minimum income for a guaranteed income for people. is that worthy of attention now? perhaps so. brian: finally giving money that we don't have to people who don't work or do anything. andrew yang had that brill cents idea and got no support in the primaries try it with a big

country. meanwhile his program will cost $2.4 trillion a year. hopefully that goes nowhere. ainsley? ainsley: thanks, brian. it's in the toughest of time that our resilience. u.s. army veteran says the american spirit is shining through. joining us now with his experience is former u.s. army ranger matt best co-founder of black rifle coffee and the author of that book right there thank you for my service. hey, mat, great to see you again. >> hey, ainsley, thanks for having me on. ainsley: not only were you deployed five times have you given back to our country so much and now you are doing it again. tell the folks what you are doing how you are donating this coffee? >> perspective black rifle coffee buy a bag give a bag. every bag that was purchased we were giving a bag to first responders and law enforcement which equaled about 20,000 bags thus far. and really we are just trying to show our support for the first responders, doctors and nurses and essential workers that are

keeping economy going as best as they can right now in a crisis. we are glad to support where we can our company is built in service and continued service is what every american should be looking at right now. ainsley: so many people are doing really good things for those folks working the hospitals. our first responders. why do you think the personal spirit is shining through? >> i think you had a great intro of resilience. any time in crisis you really see people unite and we kind of get bogged down in all the politics and divisiveness by a lot of politicians. and i think the american people stand so strong together. you know, mark twain has one of my favorite quotes supporting your country all the time is being a patriot and country deserves it. in a time like this shows how powerful we can be as a community and country. ainsley: how do you think this is going to change our country, matt you? were travels and going to 8 states per week and now just going to the office or to home. what's the fallout of all of this is everyone going to slow down a little bit and stop

travels as much? >> i would think so. i think technological changes and infrastructure changes and corporate entities. at the end of the day my biggest concern would be the economy. and i would venture to say and hopefully motivate people to get out there and support local businesses right now because that's what's most important is to sustain the economy as well as we can so the third and fourth order effect of all of this is manageable. ainsley: have you gone to battle for us. what do you say to the folks watching lost their jobs and loved ones and at the end of their rope? >> i would say stay strong and as a country we can hopefully rally around them and get the economy back on track and hire people and get them back working. and in the incidents rim i would say the silver lining is we can find what really matters. that is, you know, a quality of life in loving your family around you. hopefully they can at least enjoy that i know have you said that you are staying in touch by hosting a virtual cocktail hour every friday. to get together to smoke and to

joke. tell me about this. your friends? >> you know, we had such an amazing company. i don't call them employees i call them family members at black rifle company. our host 5:00 hour. catch up and have a laugh there needs to be left i levity in sis like this come together and smile. are you still going to donate if i buy a bag will you donate another bag? are you going to continue that? >> yes. we will probably restart that initiative and we have a huge donation program at black rifle coffee that we are actively sending out coffee. it's something that we are taking very serious, especially right now. ainsley: the website is on the bottom of the screen. go and support mat. mat has supported our country. loss lost a lot of friends fighting alongside of mat. support his coffee black rifle coffee.com. mat best, thank you so much for being with us.

you are great. >> thank you, you guys. appreciate it. ainsley: you are welcome. 6:33 on the east coast. pennsylvania business owners appealing to the supreme court over their state's stay-at-home order. do they have a case? the judge rules coming up.

steve: welcome back 22 minutes before the top of the hour. special memo of one of the iconic voices and faces here on the fox news channel, ainsley. ainsley: that's right. fox news has named the first two recipients of the charles krauthammer memorial clip. it was created after he passed at&t way in 2018. brian: our own bret baier takes a look at charles' lifetime of learning. >> his moto for us is i want you to know everything. i want you to learn everything. you don't have to do everything but have you got to know

everything. bret: charles krauthammer's father instilled in him the importance of education at young age. a lesson he would take to heart and later pass on to his own son. the late conservative columnist began his college career studying political theory at the university of oxford. but finished studying psychiatry at harvard medical school. a diving accident at harvard let krauthammer paralyzed from the waist down but he finished with his class, at the top of his class. krauthammer said the desire to continue his studies is what kept him alive. >> you never thought about taking a year off or taking a couple years off? >> no. i knew that would be fatal. it was not a question. bret: you just couldn't survive? >> yeah. i mean life would be over. bret: his life was just getting started in 1978 krauthammer took a job at what would become the national institute of mental health in washington, d.c. >> i thought once i'm in

washington, isn't that where they do politics? one thing will lead to another. bret: and it did. krauthammer became a speech writer for vice president walter mondale. then editor for the new republic. then a weekly columnist for the "the washington post." and a pulitzer prize winner for commentary. >> i have think this is politics. see a impasse looming taking a calculated risk. bret: krauthammer shared his unparalleled perspectives on the most important issues of our time. managing to cut through the noise of the day to get to the heart of the issue. >> he knew an immense amount about a lot of things. bret: his son daniel says -- opportunities to pick his father's brain. >> he would just teach me rather than a book. a lot of the the backbone of my knowledge comes from remembering the way that he told things. i learned for myself later and got full understandings but he understood it so well and told

it in such a cohesive story that it formed this backbone of so much of my knowledge. bret: daniel is not only beneficiary of krauthammer's lifetime love of learning. in 2018, after krauthammer died from a battle with intestinal cancer, fox news channel established a memorial scholarship in his name awarded to children of network employees who apply and are chosen. fox news, in partnership with the national merritt scholarship program announced the first two recipients of the inaugural dr. charles krauthammer memorial scholarship. amy kerry, daughter of senior vice president of deck nickel operations steve kerry and michael kerry. son of senior director of it operations john kerry. >> my father loved learning. and he saw it as one of life's highest dudes duties. start their own pat to a lifetime of learning. start a life work of meaning consequence and joy just as my father did. bret: it's a true honor to

recognize dr. krauthammer and all of these scholarships going forward in his name. if you want to learn about his life and legacy, there are some great documentary hours on fox nation. in washington, bret baier, fox news. steve: that's right, bret. not only that but, you know, krauthammer his life lives on in the works that he has written. i have a couple of his signed books right behind me. now his legacy lives on with michael and amy kerry. by the way, they are not related. ainsley: that's right. i felt so privileged we all did to have worked with charles and to know him and to learn from him. he inspired all of us to grow and to read more and to learn more. my goodness. i'm raising a child and i would love to teach other so much as his father taught him and then he passed it on to his own son who was a friend of our show as well.

we miss him. i used to turn on the tv or turn up the volume a little louder any time he was on with bret or any of the fox news anchors. i always wanted to hear what he had to say. he was brilliant, brian. brian: especially with the trump era. donald trump used to call him out and he used to call out donald trump. but he also would salute trump when he was right. a lot of things that he would be very intrigued with that the president is doing. and i think he would be open and honest calling balls and strikes through this entire time. i really miss his presence on the "special report" panel and we loved his book tours because he would come through and do our shows and when he would actually get -- he went number one and i asked him i go, he came back again for another round with us. to come in. and i said i go you are enjoying this? he goes yeah. because it's the first time in a long time can i keep scomplet is he a competitive guy and he knows the more books he sells the longer he remains on the list he was competing with

everybody else on the list. i was like wow, that's unbelievable. it was his work that was compiled into that book and then he would comment on how he feels now compared to when he wrote that column. that's why the book was number one for so long tv special. steve: congratulations to amy kerry and michael kerry. the first two recipients of the krauthammer award. all right. a quarter before the top of the hour. some hospitals continue to be overwhelmed we have learned that apparently hospitals make more money if their patients have coronavirus or they are being treated for coronavirus. even patients that have not been tested, ainsley. ainsley: the stimulus deal create audit 20% medicare add on payment for covid-19 patients. so the question is was that the best move, brian? brian: all right. here to react is fox news medical contributor dr. marc siegel. dr. siegel, welcome. >> good morning. ainsley: good morning. >> great to see you guys, good

morning. brian: i know you know just about everything about he everything, did you know about the additional incentive hospitals got for treating coronavirus sufferer? >> yes. brian, did i actually, and frankly i'm not sure it's really enough. when you consider that hospitals have diverted a lot of their resources towards covid-19 patients. i was up on wards over the weekend you wouldn't believe the amount of will personal protective equipment involved. the care taking multiteams not used to doing it. cat scanners and m.r.i. equipment that can't be used elective surgeries that are canceled. hospitals in the hot spots are losing millions if not hundreds of millions of dollars and covid-19 patients require so much extra care that a 20% edition on the part of medicare is a step in the right direction. i talked to a medicare

administrator seema verma about this, too. she agrees that hospitals are hurting and need help. steve: dr. siegel, you are always looking at the numbers. you know, as we look at the number of people who are infected, have been tested and tested positively and then you look at the number of people who have died, there is some scrutiny now about the number of people who have died and it being blamed on the coronavirus u i was reading about somebody who had coronavirus but died of a drug overdose. that's considered a covid death. and then there was somebody who was involved in a head trauma accident died was never tested and, yet, another covid death. can you explain how they are usersing that? >> you know, steve, that's a great question. this has gone on with pandemics throughout the centuries. 118 spanish flu half the deaths

were listed pneumonia. they were probably not due to the spanish flu. i want to say something here though a lot of times we don't have the ability to test for covid-19 in the hospital or the test comes back negative even if we know clinically that it probably is covid-19. even if it's listed on the death certificate and it wasn't the direct cause, it may have contributed and i'm not assuming that because it was testing negative that the patient doesn't have it. i think overall at this time with flu season down low, a lot of people that are coming in with fever and the cough and shortness of breath and fatigue really do have covid-19. so i'm not that concerned about things being done that way. i don't think it's deliberate. i don't think it's fraud. i don't think it's an attempt to change things to get more money. i don't see it that way. it's incredibly overwhelmed hospital system in these hot spots. ainsley: dr. siegel there is an op-ed in the "new york post" doctor in the bronx says i have worked the coronavirus front line and i say it's time to

start opening up. do you agree with him? >> yeah. i agree with him. actually. that's a very bold op-ed he wrote yesterday, ainsley. i agree with him it. is time to start opening up. we have to do it very carefully in a way where we make sure that there is no contamination that we preserve respiratory and infectious isolations. the great news here is that it looks like in new york hospitalizations have peaked. intensive care unit admissions have started to decline. this is tremendous news. we certainly have had enough ventilators in the end by far. i agree with him we have to start instituting elective procedures and surgeries right now. brian: if it happens in new york it should be happening out of 49 states. furloughing hospital works, doctors, nurses attendants because they can't do elective surgeries and they have empty beds there is a nonsensical approach to this that needs to be sobered up.

especially even if they're able to do it no new york. they are able to do it in florida, south carolina, oklahoma and nebraska. hopefully hospital workers don't pay the price for not working the coronavirus. dr. siegel, thank you so much. >> completely agree, brian. hospitals are going to go belly up if we don't start doing that i agree with you. thank you, guys. brian: why should they pay the price. one airline requiring face coverings for all passengers. on a political note. bernie sanders is fired up over new york's canceled primary. carley shimkus is next with today's trending stories online.

brian: here we go. bernie sanders campaign firing back at new york's board of elections after the state's decision to strike the candidate's name from the ballot and cancel the presidential primary here in the big apple. here with backlash is backlash expert and fox news headlines reporter. she works 24/7. i'm sure we don't pay her enough. carley shimkus. hey, carley. carley: i wear the crown proudly of backlash expert. thank you so much, brian. while some states have moved to postpone their primaries, new york is the first state to

cancel it outright. bernie sanders wanted to remain on the ballot because he wanted to collect delegates and influence the party platform. now that the primary is scrapped biden is the de facto winner. the decision by the board of elections is outrage. blow to american democracy and must be overturned by the dnc. while we understand that we did not have the votes to went democratic nomination. our campaign was suspended, not ended. because people in every state should have the right to express their preference. well, the new york board of election responded defending their decision saying at a time when the goal is to avoid unnecessary social contact our conclusion was that there was no purpose in holding a beauty condition test primary that would marginally increase the risk to both voters and poll workers. so you have to remember here that bernie sanders has already endorsed joe biden. so it's -- you know, you could see where new york is coming

from in saying okay, if the one candidate that wants to stay on the ballot has already endorsed the other, why hold the election and put people at risk? brian: 100 percent. if you quit, and endorse the other guy, please put us out of our misery and not make us run to the -- through the primary process. with your permission i would like to move to our second topic, carley? carley: by all means. brian: yeah. jetblue is making a move to make flying safe. carley: yes, right. jetblue is the first major airline to require passengers to wear face coverings. the company released a statement saying wearing a face covering isn't did protecting yourself it's protecting those around you. new flying etiquette on board cabin air is well-circulated and clean through filters every few minutes but this is a shared space where we have to be considerate of each other.

it's going to be uncomfortable for passengers and flight attendants working while wearing face masks. we have to do it to protect our neighbors and ourselves. brian: for people to feel secure to fly if that's what it needs that's what it needs. have to leave the middle seat open, leave the middle seat open. have extra money afford even more leg room option which comes with certain jetblue seats. carley: absolutely. i'm okay with leaving the middle seat open even after the pandemic. i thivener that could be something that would make flying a little bit more comfortable especially for us tall people. brian: yes. adults are not meant to be sitting three across in seats. meanwhile, thanks so much, carley. coming up next, we are going to talk to dr. birx and so much more over the next two hours. don't miss a minute. there will be a quiz at the end of "fox & friends." you're bad enough for botox®.

botox® has been preventing headaches and migraines before they even start for almost 10 years, and is the #1 prescribed branded chronic migraine treatment. botox® is for adults with chronic migraine, 15 or more headache days a month, each lasting 4 hours or more. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions, and medications including botulinum toxins, as these may increase the risk of serious side effects. go on with your bad self. you may pay as little as zero dollars for botox®. ask your doctor about botox® for chronic migraine. you got this.

brian: more states back open for business as early as today as covid-19 cases here in the u.s. inch towards 1 million. steve: meanwhile, the white house unveiling a plan hoping to help states ease lockdowns and get americans back to work as quick as they can safely, ainsley. ainsley: yeah. kristin fisher is live at the white house as the sba reports unprecedented demand for loans under the ppp, hey, kristin. >> that's right.

good morning, brian, ainsley and steve. well, under these new guidelines, senior administration officials are saying that they want states to be able to test at least 2% of the state's population and to put that in perspective for you, right now only about 1.6% of all americans have been tested. so this would be a pretty significant jump there are a lot of questions about how exactly the white house and the cdc are going to be able to pull this off. but the white house is confident that it absolutely can. and at a briefing yesterday in the rose garden president trump rereiterated it's going to be up to the states to formulate and implement their own testing plans. the federal government will provide strategic guidance and scale splice. >> what we're going to do is put cdc personnel experts in every single state. they will function as subject matter experts to help the states to build the contact tracing routines that they need in order to identify any

emerging outbreak. >> in terms of the economic recovery, today is day two for round two of the paycheck protection program. on day one the small business association was absolutely crushed by demand. in just five hours, the sba announced it has processed more than 100,000 loan applications and the head of the sba is now pleading for patients. quote, unprecedented demand is slowing our system response times. currently there are double the number of users accessing the system compared to any previous day during the first round of the ppp funding. some small business owners who have already received ppp loans are going to be at the white house today meetings with president trump. there is no question for those small business owners that have been able to receive the loans, it can truly save their business. the big problem now there are simply so many more small business owners that also want to tap into that funding and they are simply having a tough time getting through because of

this crush in demand. brian, ainsley and steve? brian: i think first off. thanks so much. appreciate it. i will say, this what really bothers me most, we put this money aside and things like cornell ivy league school with a huge endocumented is holding onto the money because they have students that need it. i think what's also outrageous is the l.a. lakers thought they should apply for it? they are in first place in one of the most lucrative leagues in the world with the high most profile players in the city. they need $4 million handout from the federal government? okay. we will give it back. what are people thinking? were they actually thinking it's for them. unbelievable. meanwhile it's back to business. go ahead. steve. steve: i was just going to say it's one of those things where in the beginning they were in such a rush to get the money out, you know, a lot of people thought i think i qualify. well, now mnuchin and company

have made it very clear who does qualify and who does not. nonetheless, as businesses try to sort it out. and, you know, those people will give back the money if they have to and feel obligated. to say in the meantime. brian: cornell is not. steve: let's see if they keep it long term. meanwhile, in texas, the stay-at-home order expires in just a couple of days. and what they are doing now is the governor has announced that going forward all retail, restaurants, movies, malls, will reopen at 25% capacity. and then in about two more weeks it will be at 50%. because the governor made it very clear we got to get back to business. >> we need to get back to business. allow everybody to sell their goods. at 25% we know that's not good enough, if we can do this and prove we can do it for two weeks. take the next step and open up at 50% capacity.

if we continue to contain the spread we can open up all the way. one step at a time making sure we put safety first. >> that really is what it comes down to is safety. you look at new york city the new immiewckets test results came in. and one in four people who live in manhattan have been exposed to it. they have immunities. then you look at upstate new york and remember a couple days ago that number was the infection rate, i think, was 3% or 4%. anyway. the stay-at-home orders that expire the day after tomorrow on thursday, april 30th for florida, maine, tennessee and texas. ainsley? ainsley: a lot of people are happy about that. may 1st happens to fall on a friday. many of these states will see gradual reopenings over the weekend. hospitals are reopening in west virginia on thursday. and in ohio they are going to open up on friday. and then in idaho, some

retailers, some day cares or day cares youth activities, camps and places of worship can reopen on friday may 1st. also on friday illinois will loosen restrictions on businesses outdoor activities, in oklahoma, restaurants, dining rooms, movie theaters, sports ventriclvenues gyms places of wp will reopen. make your own decision. if you don't feel comfortable enough going out stay home. these are areas where they haven't seen numbers like we have seen in new york. new york is the epicenter where we have seen the most numbers. some are disappointed in the new york area because the governor yesterday said that he thinks he might extend it even further and longer because right now things were scheduled the last date was may 15th but it looks like in certain areas of new york the governor is saying that we'll have to wait a little bit longer. brian: i would be very curious to see if he opens up syracuse,

buffalo, upstate new york very rural. keeps manhattan on a different time schedule keep in mind virginia said keep it until june. others case by case. governor cuomo as much as he wants to be careful he looks at his treasury and says i have nothing in here. realizes people are getting itchy and want to be productive while trying to be safe. let's bring in one of the best in the business the one leaning on throughout this whole pandemic dr. deborah birx white house coronavirus response coordinator who doesn't seem to need any rest. i watched you last night outdoors and watch you sunday on every sunday show and back with us on tuesday morning. i think i'm going to put new for a raise. i will supply the paperwork a little bit later, dr. birx. let's talk about what happened yesterday surprised me with the testing. getting walmart and cvs and others to ramp it up. in the back of my mind is what you said on sunday that without any major innovations, we're not

going to get testing where we want it to be. in the not too distant future. did you not anticipate the private sector getting involved in those announcements yesterday? >> the private sector has been involved. it was the magnitude of involvement. i mean, i think we have really understood that you have got to bring the test to the community. whether it's drive-thru. whether it's walk through. the community has to feel like tests are available to them. so just having it at hospitals or clinics was not going to be enough. so that part of this is critically important to expand community testing. steve: dr. birx, you know we have been talking a lot about statistics and you have as well. i was reading in the "new york post" scott atlas from the hoover institute wrote a op-ed about looking at the numbers. of the -- of the people who are

designated covid, absolutely covid deaths investigate new new york. 99.2% had underlying issues. so if 99% had underlying issues, the chances of the average person, a healthy person getting it are small. and one of the things that i have heard from my friends on zoom and walking around the neighborhood is maybe the government overdid it in closing everything down to make sure that everybody was safe when, in fact, you just had to protect a certain demographic. >> i think that's an interesting idea. i think who we have been looking at very carefully is the explosive nature of this virus. and i think it's highly contagious. and so even in phase 1. we have asked every governor, every public health official to ensure whether you are inside or outside to maintain social distancing when you are in a public place and to have a mask if you can.

because it's really really critical. if you look at the new york area where they could get to 2% of the entire population infected or hospitalized or closed to hospitalized or serious illness. we know there are mild symptoms. but i think what you are really getting, to does everyone know that they have an underlying condition? do we know all the underlying conditions that are critical? i think adding asthma was critical. but also hypertension. even mild hypertension. a lot of americans have that. and so i think the converse of that is how many americans actually have early signs of early diabetes, early hypertension, asthma? a lot of americans do. so we had an obligation to protect all of americans while we checked the data. how contagious this virus is and how rapid there spread and how to treat it when people get to the hospitals. ainsley: we see some of these images of the beaches like the ones in california where people are not social distancing. few are wearing masks.

you see the boardwalks with tons of people. i know some of these are families and they have been together for a long time. they are okay. but, not everyone is social distancing and your recommendations i think it was two days ago you said we need to think about social distancing through the summer. what are your guidelines to the american people that are watching right now? >> i'm glad you mentioned that because what we have talked about and even in phase 1 and phase 2. we have asked people with pre-existing conditions and co-morbidities to continue to shelter or shelter as much as they can. and that's part of social distancing and then everybody who is in those households has to be scrupulous in their hygiene and protection and social distancing while they are out. and the reason this has become more and more important is we are beginning to understand more and more that there may be an inverse relationship for how severe the disease is and your age. so younger people could actually be infected and not know they are infected. and unintentionally pass the

virus on. so that's why we need everyone to be responsible and everyone to take care. brian: dr. birx, how do you view these daily updates? fauci stating they are grueling, they last for an hour and a half. you are obviously involved in a political situation when you are up there. it doesn't take much to see that in those questions. do you ever wonder about the benefit of having them at the length that they're for you personally and for the public to be informed? do you ever wonder if we are actually benefiting from them? >> i think it's really important that the american people know the federal government is collecting data every day and doing everything they can to respond to this epidemic. and then passing on insights across the country. each state is seeing something different and has a different best practice. and our job is to ensure that through the governor's call and through those press conferences that press brief that we actually are able to communicate

key new findings and new insides that governors and stays have brought us and certainly that we see in the data. brian: can i ask you real quick -- steve: actually hearing what -- brian: dr. birx, would you like to change anything about those briefings? >> i'm sorry, i couldn't hear you. brian: would you like to change anything about those briefings? >> you know, i think i'm a powerpoint kind of gal. i'm very data driven. i really like to use that time to educate the american people. so, you know, if i have got a graph behind me, i'm extraordinarily happy. i think the american public -- the more knowledge the american public has about this epidemic, where it is on a county by county dialogue, is really critical. the more communities know, the more they can protect themselves. so, i'm always happy when we can do graphics and talk to the american people. steve: i started to say i enjoy seeing the briefings with the

leaders at the end of the day to figure out what they have done. it was good to see the ceos of the testing's and big retailers yesterday talking about the national strategy. but, dr. birx, going back to what ainsley had talked about with you regarding social distancing and particularly the idea of wearing mask, we had a story about 20 minutes ago that apparently jetblue is going to require the passengers to wear some sort of a face covering. i'm just wondering going forward, how much face covering are we going to see? i mean my daughter was supposed to get married this saturday. but they have put out the wedding for three months. that's right, sally is watching somewhere. she is going to get married in august now. but, going forward, you know, will people at the wedding be wearing face coverings because they will be dancing and things like that? going to sporting events.

will people be in stadium seats with a face coverings? what do you think going forward america looks like. >> this is what we know about this virus. we know that talking, singing, certainly sneezing and coughing can pass the virus on to others. and because you can pass it when you are asymptomatic, people don't know that they are infected. so if there is virus in the community, or you are gathering people from different areas of a state where there may be still residual virus and no virus, if everybody wears a face mask, then you are protecting the other person. because it's really having the asymptomatic individuals wearing masks but since you don't know if you are one of those, really everyone needs to in those kind of social gathering situations. as long as there is virus still in the community. ainsley: dr. birx, just to piggy back on what brian was saying. you are very smart. you are up there every single day. we know you are not getting any sleep. we thank you for what you are doing. we are sorry that sometimes politics does play a role in all of this. i know you just want to get the

facts out there and your medical points are more important than the politics. you care about every single american and we appreciate what you are doing. i want to ask you about the fall. what are your predictions for the fall? i know new york is different than certain parts of the country. but, are you thinking that -- i know as you said weddings are going to be different. we might be wearing masks at weddings in the fall. do you think schools will start back up and how do you think this is going to change america going forward? >> you know. it's a great question. normally, northern hemisphere respiratory diseases move into the southern hemisphere during the summer because it's -- it will be interesting to watch australia, new zealand, southern africa and chile and argentina. what's happening with the virus here. really those two pieces together will define how we do in the fall. our job right now and our job in the white house to ensure that we are ready for anything that

happens in the fall. whether it's testing, whether it's ppe. whether it's ventilators. whether it's a complete surveillance system that understands that we have to track for asymptomatics as well as asymptomatic individuals. all of those pieces need to accelerate, expand and be ready for the fall. brian: dr. birx, thanks so much. we will see you today at 5:00, we think, if there is a briefing. >> thank you. ainsley: take a nap. brian: all right. thanks so much. democrats in the media kavanaugh. why the silence now joe biden. as more come forward to back tara reade's claim? that story next. safe drivers save 40%!!! safe drivers save 40%! safe drivers save 40%!!! that's safe drivers save 40%.

it is, that's safe drivers save 40%. - he's right there. - it's him! he's here. he's right here. - hi! - hi. hey! - that's totally him. - it's him! that's totally the guy. safe drivers do save 40%. click or call for a quote today. so rely on the experts at 1800petmeds for the exact same medications as the vet, but up to 30 percent less with fast, free shipping. visit us at petmeds.com today.

many of life's moments in thare being put on hold. are staying at home, at carvana, we understand that, for some, getting a car just can't wait. to help, we're giving our customers up to 90 days to make their first payment. shop online from the comfort of your couch, and get your car with touchless delivery

to keep you safe. and for even greater peace of mind, all carvana cars come with a seven-day return policy. so, if you need to keep moving, we're here for you. at carvana-- the safer way to buy a car. there are times when our need to connect really matters. to keep customers and employees in the know.

to keep business moving. comcast business is prepared for times like these. powered by the nation's largest gig-speed network. to help give you the speed, reliability, and security you need. tools to manage your business from any device, anywhere. and a team of experts - here for you 24/7. we've always believed in the power of working together. that's why, when every connection counts... you can count on us.

jillian: good morning and welcome back. we start with a fox news alert. top south korean officials say they know kim jong un's location but did not elaborate. officials adding the united states does not know where he is but president trump is aware of kim's condition. the north korean dictator has been rumored to be dead or gravely ill. he was last seen in public on april 11th. we will keep you updated as soon as we get new information. willie robertson's family reportedly getting a protection order after a drive by shooting at their estate. daniel king jr. is accused of firing up to 10 shots at the duck dynasty star's louisiana property. the order prevents him from going within 1,000 feet of robertson's son john luke and his wife and baby. they were inside when the shots were fired. willie robertson will join us live to react in the next hour. senator kamala harris hosts a virtual town hall event for joe biden. the former presidential contender speaking to african-american leaders emphasizing the need for strong leadership to combat the

pandemic. >> this election in november is gone that determine sisgonna des about our future and going to be will our health and literally whether we live or die. it's going to be about the state of our economy and whether we have a job. it's gonna determine where we will be for future generations and it's gonna determine it quite immediately. jillian: the conversation centering how the coronavirus is hitting african-american communities the hardest while urging them to vote for biden in november. ainsley? ainsley: joe biden's former aide tara reade telling fox news quote if you continue to silence me, if you continue to engage in protecting a powerful man without giving my case a closer look, you are complicit. this is a former neighbor -- this as a former neighbor comes

forward to back her claims and here to discuss this is kerry severino former clerk for justice thomas. good morning, carey, than careyr being with us. >> thank you. >> why isn't the mainstream media covering this? why are the are they interviewing joe biden become 14 sometimes in the sunday shows or not asking him questions about this? >> yeah. one of the things frustrating too is watching them not even ask questions too like senator kamala harris talking about how she is stump for biden now while, remember back in the kavanaugh hearing. she after congressional hearing, after an fbi investigation, she said this hasn't been a search for the truth. it wasn't investigation. this is an occasio and occasionf responsibility. here there has been nothing. even last year it's funny when she was running against him for president, she said she believed the women who were uncomfortable with the way he had touched them inappropriately in public even.

and now when something much more egregious has been alleged, she is radio silent. it's not just her, it's senator sanders. it's president obama. it's nancy pelosi. all of these people endorsing him and with nobody being willing to say, you know, what do you think about these alleys? now, obviously, we don't have all the facts on them yet. but they are suddenly uninterested in even trying to find out what the actual facts on the ground are because they are so busy trying to protect biden. ainsley: yeah. you mentioned the kavanaugh coverage. you wrote the book about it. here is how the media covered it. watch this. >> three women came forward and they were told we don't believe you. >> a system that is designed for men like brett kavanaugh to have them drunk and belligerent behavior. survivors on who have equated a yes vote for kavanaugh as essentially saying we don't believe women who say they have been victimized.

is that fair? >> i think it's fair. ainsley: so carrie, where are the i briefers. >> some of them like alyssa milano turned around i never mentioned due process. you pretty much did. refusing to give a presumption of innocence does exactly that and i think joe biden deserves a presumption of innocence but i think it's shocking to see the people and you know, fox was just reporting yesterday, they have asked all of the potential vp picks and no one but governor whitmer is the only person who even gave any comment. and she danced around the issue and said she didn't want to speculate. this is a real problem to see the double standard. and i think, again, if there is another supreme court nomination, you will see them turn on a dime again. suddenly probably going to be similar allegations attached refusal to even believe information on the other side, rather than actually looking at things in a fair minded way.

it's really disturbing to see the double standard and to see that people unfortunately aren't calling the politicians to account for that standard. i would love to hear, you know, at this town hall that kamala harris is going to be holding. let's have some people ask her how do you feel about this? do you think there should be more investigation? while she is running for biden's v.p., i don't know what she would say but i think it will be interesting to hear. ainsley: all right, carrie, thank you so much for joining us. >> thank you. ainsley: you are welcome. 27 minutes after the top of the hour. i do want to mention biden's campaign has denied those allegations that tara reade is saying and he has not responded for our interview or for a comment. coming up next, aides all a's ad some are pass or abandoning grades all around this school year. is that the right move?

brian: all right. a for effort. some teacher unions say yes. they are pushing for automatic a's or abandon grades all together as many of the students finish the school year at home. does this help anybody. joins us to discuss this

superintendent of kathleen schools kathleen mcgee. where do you stand on this? it is perilous for the first time. a brand new equation, distance learning, learning at home. should would he be easy on the kids? >> thank you for having me. i'm glad to be here. giving educational equivalent of a participation trophy when you barely even have to show up. the reality is it doesn't help kids at all. i run catholic schools in new york. seven schools four in harlem and three in the south bronx. parents choose our schools for two reasons. they want the values but also the academic rigor. the idea of giving a for effort or just showing up it's not telling the truth. it's not telling the truth to the kids or the parents. i'm thinking about this. i'm a mom as well. i'm thinking about this as a perspective of a mom. imagine your child comes home at the end of the year and they say mom look i got straight a's on report card and they have been getting bs and cs and ds.

how are you as a parent those a's don't mean anything because they have given everything an a. that's not an indicator that you learned anything. it's upsetting from a parent's perspective. brian: kathleen, one way to attack it listen i know i have an 11th grade and one is a freshman in college and the 11th grader cannot stand it. there is no video portion of it. they just get assignments every day and get quizes and tests. that a student might become a b student. the b student might become an a student it. changes the whole equation. who is good at studying alone? what kind of environment is it at home? is chaos? are you sharing one computer? are you not able to concentrate with all the distractions at home. big house, small house? do you have a lot of money? all the iniquities grounded in a classroom are back in play in how much money you have. what kind of access you have. how do you deal with those iniquities? >> it's really challenging. we are facing that head on every day in the partnership schools it. is true. we have flipped everything on

its head and had to adapt to this real world really overnight. we were in school on march 13th. we weren't in school march 15th. we had to adapt everything we were doing. you have to be really careful. report card fundamental way to communicate with parents on how a student is doing. just giving everybody a one size fits all answer is not communicating to the parents alth at all. this ♪ saying this is where your child is doing well and this is where they're struggling. one of the things we are doing at partnership schools is making sure we are communicating with the community. we are trying to make sure we are telling the parents here is what is going well and here is where they are struggling. not hearing from a child making sure we are reaching out. that's what schools should be doing. throughout not just in the pandemic but every day schools are community institutions first and foremost. the most important thing to do is make sure you are reaching out it. doesn't do anybody any good to stay we're going to have a one size fits all solution. kids are not one size fits all. we know that some are going to strive and some are going to

struggle. we need to shake sure we are communicating that. brian: do you this for a living and i know you are trying to figure it out. would you ever do something pass fail? >> we would consider pass fail, absolutely. that's different. if you did pass fail with very in-depth comments to the parents that said we are passing your child but you should know that they're really struggling with this concept or really having a hard time keeping up with the reading work. that's telling the parents something meaningful. also communicating something really meaningful to the child. brian: you know, the one thing that's getting appreciated is teachers, because as parents try to help out, they understand the patience teachers have. the curriculum that's needed. the preparation that's needed more than ever. something good to come out of this. i think the students appreciate the teachers more and the parents appreciate the teachers more. kathleen, i appreciate you getting up with us. best of luck through. this thank you. brian: coming up straight ahead locked down businesses in pennsylvania. taking the fight to the supreme court saying the shout down is

damaging their bottom line and damaging the economy. they join us after the break.

♪ ♪ ainsley: a group of pennsylvania business owners are taking their fight to reopen their doors to the supreme court saying the state's governor exceeded his authority with his stay-at-home order. steve: joining us right now is stoner mark scarengi who is representing the business owners and real estate agent and petitioner cathy gregory. good morning to both of you. >> good morning. >> good morning. steve: mark, let's start with you. this case first went into n. front of the pennsylvania state supreme court it's called friends of danny devito, et al. he is running for congress the legislature there in pennsylvania. this is not the actor, the famous danny devito. >> no, it's not.

steve: you are also part of this particular case. mark, what are you saying the governor's stay-at-home order was done to you and your business. >> the governor's business closure order has for the first time in the history pennsylvania order tens of thousands of businesses in response to an illness. that's never happened before in the history of our country it. precludes business owners from physically operating their businesses if though step foot in the principle place of business. it shut down the place of operation of tens of thousands of businesses and caused the layoff of millions of pennsylvanians. we argue that is a substantial deprivation of the property rights of business owners across pennsylvania and it's been done without due process of law. so, we sued the governor of

pennsylvania to the pennsylvania supreme court asking that court to strike down governor wolf's business closure order as violating the pennsylvania and the united states constitutions. brian: and you laos, right? >> we lost in the pennsylvania supreme court. but yesterday we filed a motion in the united states supreme court asking that court to intervene and to issue a stay or a stop order stopping the enforcement of governor wolf's business closure order and we also filed petition for brit of settestrike down this business closure order. so pennsylvania business on or abouts and workers can get back to work. brian: cathy for you the president governor and the president wants everyone to take one for the team. we have got to flatten the curve, suck it up, shutter your doors for a short period of time. why is that a problem?

>> well, unfortunately house something something that is still essential to most people. during this time we're asked to shutner place and there are still individuals that do not have housing. unfortunately this has created different kind of anxiety for different families. i deal a lot with military, veterans and active and they are still on the move. they need a place to live. they have children and they have pets and i don't think it's fair to say to them that they can just go, you know, stay in a hotel. i feel that we can conduct our business safely following guidelines and so thanks to mark we are here today. ainsley: i know it's a scary time as a real estate agent things are shut down and people need money. you live in bethlehem people flock there christmas time because of significance of the name. i have friends that live in that area great people.

how can we do this if did you reopen how would you be able to safely do your job? >> we are not asking to go back to doing open houses, but we should be able to property. especially vacant properties. there is one or two people wearing masks. you know, we can sanitize as we come in. try not to touch things. if the home is occupied and somebody doesn't want to let us, in we'll respect that. obviously. a seller can leave, you know, doors open to closets. they can turn all the lights on which reduces the ability for us to touch anything. you know, wearing masks. i do feel that we could conduct our business safely at this time. steve: yeah. hey, mark, you know, this just goes to show you that perhaps a one size fits all prescription doesn't fit every state. you know, in new york, manhattan, you look at the antibody test and it seems like one in four have already been infected.

you go up state like 300. same thing for pennsylvania. you look at philadelphia. i'm sure the infection rate was much higher than people who were in the rural area where suddenly somebody is trying to call somebody who we are talking to right there. it goes to show one size does not fit all, right, mark. >> you are exactly right. ainsley mentioned she has friends and family that travel to bethlehem in december. that shows statistics and 80% of those infected with covid-19 in pennsylvania come from 10 of pennsylvania's 67 counties. it's the northeastern section of the state and the southeastern section of the state closest to new jersey and new york. and so, a targeted regional, geographical response would have been the rational, reasonable way to address this issue. i represent a golf course in warren county clear on ther end

of pennsylvania. there has been one reported covid-19 infection in warren county and zero deaths. yet, the entire county is under lockdown and shut down. that's not reasonable, it's not rational and it's not leading with science. brian: and as your case moves support, just know attorney general barr also feels that way. is he really concerned about some of the governors and some of their strict measures and is he looking into. he might beat you to the punch good luck to both of you. ainsley: brian, did you notice his book in the background? [laughter] mark has your book up there? brian: yeah, i can't see it. >> two books by a world renowned scholar. brian: thank you very much. i appreciate that. i don't even know what's real and what's not in everyonens background because i see some of the most real background and it turns out fake background. that's a real background have you behind you a real bookcase?

>> this is s. as real as it gets two excellent books lie brian kilmeade. brian: all right. thanks, mark, appreciate it. ainsley: god bless you both. we wish you the best with this case. >> thank you. >> thank you. brian: all right. now, talking about wishing the best. jillian, if i ever get a chance to see you again in personative wish you the best. jillian: back at you. all three of you. begin your headlines with this story. attorney general william barr ordered federal prosecutors to look for unconstitutional covid-19 lockdown rules. saying in part quote many policies that would be unthinkable in regular times have become commonplace in recent weeks. and we do not want to unduly interfere with the important efforts of state and local officials to protect the public. the constitution is not suspended in times of crisis. if a prosecutor believes a ruling is overreaching, it may be addressed in federal court. felicity huffman's daughter proves she is get into college on her own.

carnegie mellon accepting macy after retaking the sat. huffman served 11 days in prison after charges for the college admission scandal. she admitted to paying $15,000 to have her daughter's sat answers corrected. her daughter was not involved in the scheme. now to. so trending stories on foxnews.com right now. first off, a california urgent care doctor is critical sizing the state's stay-at-home order saying we can build up an immunity without a crack seen. next, one of congresswoman's alexandria ocasio-cortez's challengers is calling her out for voting against the covid-19 relief bill. michelle caruso ca cabrera sayse democratic socialist is out of touch. video declassifies videos of possible ufos taking by fighter pilots they have been circulating online for many years. download the fox news app. the news moves fast. we can help you keep up.

brian i know you love ufos i'm sure you will go online and check it out. brian: if it was a real ufo you would have put it first. when it's your kicker story i don't believe it's actually true, okay? but i will go to foxnews.com and check it out anyway. jillian: there you go. ainsley: okay. thanks, jillian. janice, we're going to have a pretty day here in new york. what does the rest of the country look like? janice: well, we have the potential for severe weather. nice day here in new york but across the central u.s. stretching from texas to the great lakes sneer round of severe weather. you see that big bulls eye see potential for long track dangerous life threatening tornadoes. it's hang again today and then in to tomorrow. for the southeast so we will certainly keep you up to date. if you live across the the central u.s. you need to pay close attention to your latest watches and warnings, back to you steve, ainsley blind.

straight ahead a nascar will heend with 50 years in the business. richard childress auctioning off memorabilia to raise money for covid-19 relief. one of the items dale earnhardt's trademark number 3 car. richard joins us live coming up next.

steve: our next guest is one of the biggest names in nascar. richard childress has had quite a career over the last 50 years and he has racked up quite a collection of memorabilia. now he is auctioning off some of it to help the victims of the pandemic. the nascar legend joins us right now. richard, good morning to you. >> good morning, steve. glad to be here. i was watching "fox & friends" a few weeks ago and seen all the suffering in america. seen people lined up to get food and that should not be happening. what can we do. what can i do to help make a difference in these people's lives i have put up over a thousand of our memorabilia pieces and we auction them off on ebay. the ebay store. i said that's not enough i decided to auction off one of my

prized pieces of del earnhardt, the cars that i have. i have 44 of them. the original cars he drove. rockingham. auction off barrett jackson online starting may the 8th. we are trying our best to do our part to help out in these terrible, terrible thing this monster spit on us. steve yeah. absolutely. richard, that number three car is going to go for a lot of money to help a lot of people. as i look at the ebay site people with go to ebay and look up richard childress. have you got it seems like hundreds of items. how big is your closet that you have been able to keep all this stuff somewhere for all these years? >> well, i have it everywhere. all over. and around my home i have a shop on my property. i got thousands of each pieces that we put up over the years.

and sally and dale jr., dale senior. kevin harvick. so many drivers. dillon. all those guys. steve: it's great. and if people would like more information, check out ebay to purchase or bid online as the auction goes forward. well, it is such a lovely thing you would do, richard, thank you very much for watching "fox & friends" and joining us on this tuesday morning. >> well, thank you very much and god bless america. steve: indeed. well put. richard childress, ladies and gentlemen. all right, final hour of "fox & friends" charles payne and dr. oz coming back.

ainsley: more states are back open for business as coronavirus cases here in the u.s. are inching toward one million. the white house unveiling a major testing plan hoping to help more states ease the lockdowns and get more americans back to work. dr. deborah birx joining us earlier to share details. >> the private-sector has been involved. it was the magnitude of involvement. i think we really understood that you have to bring the tests to the community. just having it at hospitals or clinics was not going to be enough and so that part of it is critically important to expand community testing. brian: some states have already loosened restrictions.

this week many are planning to go even further. starting tomorrow tennessee, 50% capacity. restaurants already opened there under the same guidelines. on thursday stay at home orders in florida, arizona, nevada, georgia and idaho, maine and texas are set to expire. greg abbott on opening the second largest economy. >> we need to get back to everybody and everybody sell their goods. at 25%, we know that's not good enough. but if we can do this and prove we can do it for 2 weeks, we can take next steps and open up at 50% capacity and if we continue to contain the spread, all the way. making sure we put safety first. steve: that's right. it's all about changes. elective surgeries may resume on arizona, illinois, ohio and oregon. more retail shops are going to open in colorado, idaho,

illinois and iowa. in oklahoma restaurants, dining rooms, restaurants with dining rooms, movie theaters, sporting venues, gyms, places of worship will open back up and in the state of vermont farmers markets are set to be reopen, greenhouses, garden centers and nurseries may reopen as essential businesses in illinois. bars, restaurants, personal care businesses are allowed to open in north dakota. so there you've got a lot of -- a lot of the states, ainsley, across the country are starting to take the steps toward resumption of business but, of course, it's all in the name of safety because we don't want to be on the backside of that peak and then suddenly we are going back up the hill. ainsley: i know, have to go through this all over again. it's nice to see the picture of the girl, waitress in franklin, tennessee serving the mamosa it

looked like because we haven't seen a restaurant -- we pick up to-go food. many applying for round two of the relief through the ppp program, brian. brian: unprecedented demand crashed the website within minutes of reopening yesterday frustrating millions. steve: meanwhile edward lawrence from fox business network live with what's going on. so, edward, they knew there was going to be a lot of demand and they were right, the problem was the equipment just didn't quite keep up with demand? edward: overwhelming demand shut the small business administration portal down. for the smaller community banks, the community banks took four hours, couldn't get through to process loan.

the error message that members were receiving for 4 hours as they are trying to process through the individual loans. the larger banks they were processing more than 5,000 loans in bulk, were able to get theirs processed through. in a tweet senator marco rubio said what could have happened here, listen to this. >> there's going to be challenges, guys. there's a lot of applications, a lot of built-up demand but they are doing the can to pace the application so we can get as many businesses as possible and, two, as many lenders as possible. edward: senior small business administration official telling me about the unprecedented demand that they are seeing in a statement saying this, there are double the number of users accessing the system compared to any day during initial round of ppp. sba is actively work to go ensure security and system integrity while loan processing continues. as they work out glitches in the

system they fix glitches in the rules that allow larger companies to take some of the forgivable loans in the first round, for example, the los angeles lakers, the nba's second richest franchise is going to return $4.6 million back in a statement the lakers saying they want to give that to make sure that those who really need the financial aid can get the financial aid. now at least 16 companies have given $200 million back so far. so working through this and small businesses are seeing if the first round that this really worked. back to you. ainsley: thank you, edward. the host of making money on fox business, hey, charles, are you with us. charles: hey, i'm with you. ainsley: edward lawrence was just talking about the big companies, 219 public companies got $854 million in stimulus aid, 12 of them have returned the money, others refuse to go pay back. look, i get that they followed

the rules in the beginning but now that they know how do they explain not giving the money back when you look at mom and pop restaurant that had to fire all employees and scared might not be able to reopen and put food on their own table? charles: they are grappling with this in a lot of board rooms right now. pot bellies, they took $10 million, they were adamant about not giving the money back. $10 million to bad publicity upon them. some of the businesses are in dire straits. pot belly has been using money for 4 years. they took advantage of it but i also say more probably banks that give them the small businesses, you know, jpmorgan was the one that gave the money to shake shack and pot belly. $14 billion out the door and

applications from small businesses that were put at the back of the cube. i pumped in 200 million through them. they flew my application to small bank on the first day. i don't know if my account is coded or something. why did they do that i've been a faithful loyal customers for 3 decades, put millions of dollars, paid untold amounts of fees, so i'm living this along with most of the audience. you know, yesterday, over the weekend, fisher island, the most expensive zip code in america, they got $2 million. now thankfully the residents there said what are you doing, they vote today give the money back. but this tells you the powerful, the rich, those who didn't really need the money got the money. brian: yeah, unbelievable. you can't legislate integrity and that's what we have to do. notre dame has not pledged to give the money back.

like harvard and yale, they said, no, we will help -- we will help our students that are in dire distress. is that your job to help students? you admitted them and then they are going home, that's it. they have different programs for students. that's not your job. cornell has huge endowment and elite school and how the tech do they not embarrass their alumni with this move. it is embarrassing. charles: i agree. well, they will, though. i really believe they will. there's no way you can't. if you want to help students admirable, do it. brian: thank you. charles: drowning minute by minute as you try to -- i mean, if you wanted to go for the money grab, you saw money around and you're la lakers, maybe needed help to pay lebron, i

still say shame on you but when you are called out to pay the money back and if you're not called out, take a look, be honest, think of where you're are as american citizen or entity and do the right thing. steve: absolutely. to your point about pot belly, they decided that it wasn't worth the bad pr. ultimately a lot of the companies, a lot of the schools are going to give the money back because they don't want the headache. now speaking of headaches, we have been talking about how certain states have -- and you've covered this on fox business, charles, certain states are suing the country of china for, you know, concealing to the rest of the world what was going on over there. also, now over in pennsylvania danny devito, friends of danny devito, at al, he and a number of business owners are suing the governor because they say that the stay at home order is just

goes too far, infringes on first amendment, due process, it's a violation of the separation of powers, we had two of the petitioners on with us earlier. listen to them. >> during this time we are asked to shelter in place and there are still individuals that do not have housing, so unfortunately this has created a different kind of anxiety for different families. i don't think it's fair to say that they can just go, you know, stay in a hotel. we can conduct business following guidelines. >> substantial deprivation of property rights of business owners across pennsylvania and it's been done without due process law. steve: right, exactly. in other words, the governor out in pennsylvania said, okay, we will keep things closed down until i figure out it's safe to open. those people were denied, local

supreme court said no, we are on the governor's side and now go to supreme court where they filed paperwork, charles. charles: i think this could be very important. another complaint was freedom -- freedom of speech and assembly, so due process, so here is the thing. if we are really going to be honest about this, yesterday one of the companies trying to find vaccine or treatment, regenoron, last week we saw news on gilead. there's a chance every american will come in contact with the coronavirus if we don't find some sort of the vaccine. notion of keeping the economy closed indefinitely is ridiculous. for the first time in the last couple of days more governors and officials have used the term reopen than president. it's like the band wagon is full. people are having aif i-- epiphy

and long-term ability to take care of themselves. the government can't do programs over and over again. so the bottom line is, i think there's a general epiphany that we have to get back to work. we will do it smart, and honest and responsible as possible but the sort of draconian measures by certain governors -- governors are not going to figure this out until the science part of it. one day we will get some kind of vaccine treatment, we pray and hope. we cannot be shut down inevitable and we all know the consequences of that. ainsley: you were talking about businesses that were taking advantage of the money and there's some states that the president is saying doing the same thing, taking advantage of this. poorly-run states before and now they are trying to get some of the covid money. this was the tweet. why should the people and taxpayers of america be bailing poorly run states like, illinois, as an examples and cities, in all cases democrat-run and managed when most of the other states are not

looking for a bailout help. i'm open to discussing anything but just asking, charles. charles: it's a valid point. the states were in dire strays. they have high taxes. it's expensive, it's expensive to say to people, come to my state or my city, we will take care of you. it's cost them a lot. the migration out of the places has been enormous. the tax base is shrinking and now they are in a dire situation. one thing that i do want to point out, late yesterday, the federal reserve, they set up 500 million bar program for municipalities. they made adjustment. if you have a population of 500,000 or more you have access to it. cities initially you had to be big city with 2 million and now 250,000 people and the low interest rate loans 24 months to

36 months. it's a bucket right there of $500 million. we don't need -- the taxpayers don't need to pay the pension or let's be honest the poor fiscal plans of the other states should not be -- should not be -- no one in another state should have to pay for that so i think we need to understand. we are going to take care of our citizens. we will take care of firemen and policemen. everyone wants to do that but no one wants to be hoodwinked here. brian: you try today yell at me once in a segment and this might be the time but mitch mcconnell said yesterday -- [laughter] brian: that if you want money state by state, congress must limit liabilities to have healthcare workers, business and owners because a lot lot of employers say i want to get people back but if i get sick, i can't get sued. hey, states, you handle the liability and maybe we will get

you the money. we will see what happens. will might be a deal in play in this? charles: we don't need that. everyone has to be all hands on deck and understand there's going to be mistakes made by everyone involved. steve: indeed, charles. charles, thank you very much. all right, it is 8:15 in the east and jillian joins us with the headlines. jillian: good morning, we start with fox news alert. top south korean officials say they know kim jong un's location but did not elaborate. officials adding the united states does not know where he is but president trump says he's aware of kim's condition. the north korean dictator has been rumored to be dead or gravely ill. he was last seen in public on april 11th. overnight delta first major airline to require face masks for passengers, starting may fourth, flyers will have to wear face covering on the plane and

when they get off. the airline already requires crew members to wear face masks along with united, frontier, delta and american. a 105-year-old worry war 2 hero gets the birthday of a lifetime. army lieutenant colonel landed in normandy on d day and asked for cards after party was canceled due to the pandemic. he got more than 6,000 even one from president trump, but that's not all. there was another surprise, drive-by parade with hundreds of police cars, motorcycles, vintage cars. >> it just doesn't get any better than this. thank you so much. thank you. jillian: the best birthday party ever. happy birthday and thank you, sir, for your service. ainsley: amen. steve: no kidding. ainsley: 105. thanks, jillian. still to come, could warmer kill

covid-19, dr. mehmet oz will join us about white house task force, that's next (announcer) in this world where people are staying at home,

many of life's moments are being put on hold. at carvana, we understand that, for some, getting a car just can't wait. to help, we're giving our customers up to 90 days to make their first payment. shop online from the comfort of your couch, and get your car with touchless delivery to keep you safe. and for even greater peace of mind, all carvana cars come with a seven-day return policy. so, if you need to keep moving, we're here for you.

at carvana-- the safer way to buy a car.

and... l(music fades in). hey! -hi! ♪ ♪ ♪ ♪

>> it would be very interesting to watch australia, new zealand, southern africa and chile and argentina to see what happens with the virus in the summer time. our job right now and our job in the white house to ensure that we are ready for anything that happens in the fall. steve: that's what they are word about. now earlier white house task force coordinator dr. deborah birx broke down how the warmer weather could impact covid-19 and what we could expect on

season change. here to weigh in dr. mehmet oz, you look at the states of florida, you look at texas and you look at california, great big population centers but for the most part they have not had the same kind of problems we have here in the northeast where it's still chilly. dr. oz: it is chilly here and the respiratory infections hurt the northern hemisphere in the cold months and here in southern hemisphere in the warm months for us and we should point out for southern states might be part of the reason that they've been able to escape without some of the pain we felt in new york, other potential factors obviously. you go into the nitty gritty of it, human behavior changes when it's warmer outside. you can naturally social distance more, the stability of virus and transmission rates are when it's warmer. the virus doesn't want to be in warm weather, likes to be cold

weather and travel further in the air. i was looking at a paper from yale, body immune response. our natural ability to fight infection may go up in the summer. what dr. birx was saying an hour ago in your show makes sense. we want to see what happens in the southern hemisphere so we can predict what might be coming back in the winter. so we want to be better prepared. steve: sure. as governors all across the country start reopening their states, you know, we are wondering about who would be impacted when they are exposed. hoover institute looked at some of the data out of stanford and they said of the covid deaths that were investigated in the state of new york, 99.2 of the people who died had at least one underlying condition, so if you,

although, dr. birx, sometimes you don't know if you have an underlying condition but suggests that perhaps the number of people impacted is much more narrow than we thought before. dr. oz: that article was an intriguing one. 88% of new yorkerss were hospitalized had two or more risk factors. think about this. not just one but two or more risk factors. to dr. bix's excellent point, most of the people have risk factors. 60% of us in the population have at least one risk factor. that's why 60% are considered vulnerable. we are not supposed to go out in phase 1 or phase 2 of reopening of america. 40% of america has two risk factors. sitting at home right now am i really overweight or not, which is a big problem, 40% of us.

if your wayside is more than 35-inches, then probably. diabetes creeps up on us. prediabetes is a third of the population and people don't realize and so on and so forth. if you don't know that you're vulnerable, you won't be able to distance yourself. this is really important. we have to keep people who are vulnerable safely sheltered. social distance asking critical important for the well-being of society. we need it desperately. explosive infection. if one person can spread up to 6. the vulnerable population doesn't get less vulnerable or stay away from mainstream or society we are adding major risk. you get people who aren't vulnerable out there then they are less likely to be hospitalized, likely to have major complications and that's something that everyone is realizing now. steve: sure. everyone realized that are at home hunkered down and trying to

be safe. a lot of celebrities taking the time to be creative. they are offering once in a lifetime experiences in this what is known as the all-in challenge and i understand dr. oz that you are all in on the all-in challenge. dr. oz:i am. my good friend michael ruben created and dr. khalid. i'm all in. i'm announcing it right here. it's an auction and there's switch, very little or as much as you want and, of course, to help people who are food insecure which is dramatically increases because of covid-19. i will give someone the opportunity to be a cohost on my show and you can bring up to a hundred of closest friends and family, join us onset and i want this to be an experience that's once in a lifetime so i want others to feel the same desire to go all in. i know many others are joining

both the sports world and entertainment world but it's an opportunity for us to support it but this all-in challenge has raised tens of millions of dollars. michael reuben's goal, 100 million, allies like dr. khalid and tom brady, all in to make the challenge come to life. steve: fantastic. if you want more information about how his show can be dr. oz show and fill the name with your name go to allinchallenge.com. mehmet, good luck to you. dr. oz: god bless you. steve: sounds good. drive-by shooting at the home of duck dynasty star willy robertson. how is willy doing with the family? he's coming with us. first live tv interview coming

back [squawks] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ and you may have a lot on your mind. we want to help, with real questions from you, and real answers from experts. we can get through this together. visit letsbreathetogether.com.

brian: new details in the drive-by shoot target louisiana estate of duck dynasty property

of robertson. here with more former duck dynasty star willy robertson. willy, we read about the story. i know you go hunting and guns. you said you had guns since you were a little kid but this was something that was jarring. could you bring us back to what happened? i know you were at the store, but what did your family say? >> yeah, i went up to the store real quick. ten minutes before we are all in the yard and just having a nice day on friday and then john luke calls me, dad, i think somebody shot a bullet through my house and i came back and the police showed up. sure enough a guy had just started shooting across the property and one to have bullets went through bedroom window and actually lodged into the wall and he was just in there and they were sitting in there with the baby, so it was -- we were

all kind of shook up. brian: of course. what was the motive? do you know this guy? >> i don't know this guy. i don't know what the motive was. i don't know what he was thinking but just glad that they caught him and, you know, tried to find out more, you know, as to what he was thinking or -- i don't know if he was just goofing off. it was in the middle of the day. everyone is outside right now, so a lot of people saw him do it and it was just unfortunate and, yeah, he's gotten caught and i'm sure he's thinking about what he has done and maybe i will get a chance to talk to him some day. brian: willy, he was that the safety was on when it went off nine times and he was drinking vodka, does that explain anything? >> well, you know i think two

things that should go together is drinking vodka and handing a -- handling a gun. something stupid will happen. i'm not sure checking safety and gun going off many times. i'm sure they will find out what is going on. brian: so, willy, everybody knows where you guys live. the whole town knows you. i know i got pulled over speeding and i mentioned you and they go no problem, you had to come over and bail me out. everybody knows you in town. does this make you want to rethink security measures being that you've gotten fame as well as notoriety? >> yeah, you kind of forget when it first happened i didn't -- i didn't think about it being a big, you know, big story and, but we've got security and so we, you know, this is not the

first time. a lot of people do know where we are at and a lot of people want to drive by and see but sometimes they get a little too close and so we obviously this ramp it up and be more vigilant and be more secure but, you know, someone driving down the road is hard to stop that, you know, and someone shoots at you that's a hard thing to, you know, to guard against, i guess. brian: right. willie, how are you doing? how is the family? we haven't caught up to you in a while. we haven't been invited but that's another story. how is everyone doing in the robertson household? >> willie: we are ready to move on. we are doing good. we've enjoyed spending time with each other and planning a lot -- playing a lot of scrabble and tennis. you're always invited brian and

wear the camouflage pajamas you had last time. brian: i got them at sears, i thought i should dress where i was going and they were very comfortable. lastly, when you look at what you guys have been doing sheltering in place. everyone i talked to, i talked to charley daniels, shelter in place in my beautiful farm and surrounded by woods. what are you feeling as they say shelter in place with the robertsons? >> we are all kind of close. we have done a lot of fishing. calling back to skills when i was a kid. this is how it was when i grew up. that's what it feels like. there's all of the time in the world, time slows down and so we went fishing and being outside as much as we can and, yeah, it's been, you know, it's been enjoyable just to hang out with the family and, you know, be all

together. brian: wow, great, great to see you. i know you're a tight family and that pays off and looking at the numbers of in louisiana it looks like you're bending the curve with so success. so glad that everybody is okay. >> appreciate it, brian, we are doing good hope you are doing good. brian: say hi to the entire family. two more women stepping forward to back up tara reade's accusations. ed henry is live and we can't ignore him discomfort back there? instead of using aloe, or baby wipes, or powders, try the cooling, soothing relief or preparation h, because your derriere deserves expert care.

preparation h. get comfortable with it. to deliver your mail and packages and the peace of mind of knowing that essentials like prescriptions are on their way. every day, all across america, we deliver for you. and we always will.

can match the power of energizer. because energizer ultimate lithium is the longest lasting aa battery in the world. [confetti cannon popping] energizer. backed by science. matched by no one.

so rely on the experts at 1800petmeds for the exact same medications as the vet, but up to 30 percent less with fast, free shipping. visit us at petmeds.com today. they're our neighbors, and our friends. but now, they are forever our heroes, too. and while they're working to keep us safe, prudential is proud to provide over one million health care workers with benefits that help bring peace of mind in times like these. with benefits that help bring peace of mind if you have postmenopausal osteoporosis and a high risk for fracture, now might not be the best time to ask yourself, 'are my bones strong?'

life is full of make or break moments. that's why it's so important to help reduce your risk of fracture with prolia®. only prolia® is proven to help strengthen and protect bones from fracture with 1 shot every 6 months. do not take prolia® if you have low blood calcium, are pregnant, are allergic to it, or take xgeva. serious allergic reactions like low blood pressure, trouble breathing, throat tightness, face, lip or tongue swelling, rash, itching or hives have happened. tell your doctor about dental problems, as severe jaw bone problems may happen. or new or unusual pain in your hip, groin or thigh, as unusual thigh bone fractures have occurred. speak to your doctor before stopping, skipping or delaying prolia®, as spine and other bone fractures have occurred. prolia® can cause serious side effects, like low blood calcium, serious infections, which could need hospitalization, skin problems, and severe bone, joint, or muscle pain. are you ready? ask your doctor how prolia® can help strengthen your bones.

brian: two new women have come forward backing sexual assault allegations against former vice president joe biden. ainsley: including an old neighbor of tara reade who tells insider, here was this person that she was working for and she idealized him and felt that she was was assaulted and didn't feel that there was anything that she could do. steve: here to weigh in ed henry who is the host of america's news room coming up in about 18 minutes. ed, what do we know about the allegations regarding the assault, alleged assault? ed: well, look, it's still developing. what we know this could be sticky for the media as well as the biden campaign. "the new york times" a few weeks ago did what they considered exhaustive look at here is the allegations and here is where we are and it turned out to be not so exhaustive because they didn't get some of the key details, didn't appear on key moment that everyone is talking

about now where the alleged victim's mother who is now deceased called years ago to larry king live hinted that something like this had happened. you put that together with double standard going on with brett kavanaugh. when brett kavanaugh was on the supreme court, let's find any allegation we can whether we have evidence or not, let's throw it at him and air it and be in hot pursuit. we will see if the media will be as tough and exploring this for joe biden. joe biden hasn't had news conference in a couple of weeks. is he going to have news conference and is the media going press on this or not? these are big questions. brian: we know that anderson cooper didn't bring it up. ed: you're right. he hasn't been pressed about it. brian: jesse ventura who no one

miss wants to come back and run for green party, would this matter? ed: the green party is saying he hasn't gone through any of the criteria to qualify, get on the ballot in key states or any state. mark cuban has been throwing this out there. she's been on your show and been on the show with sandra and on america's newsroom and bottom line a golden opportunity for president trumpment dan henninger from the wall street journal just about a month ago, i checked it last night wrote column on march 25th and he said basically rallying a nation is what gets presidents remembered. that's the golden opportunity i'm talking about. dan henninger wrote about it. you can find it on the journal website and said basically if the president can show she's rallying the nation and rebuild the economy, reframing all of this saying, i've built the greatest economy the country has ever seen but the virus took it down, i'm the one to build it

back. he can make that case and he can rally the nation, these potential third-party bids and maybe even joe biden won't matter that much. it's in the president's hands. ainsley: yeah, where would the progressive voters go, would they go to biden or jesse. exactly. you have a new book coming out about your sister. tell folks about it. ed: i wanted to do it here because tuesday when we did -- july last year, a lot of people asking me about my sister and she's doing great and the book is saving pauline and available in barnes & noble, you name it, you pulled me through this. pete on the couch, the book carries sunday to sunday. if you don't remember i donated

part of my liver to my sister. she had a liver disease. the book is how she's a real hero. she battled this mostly on her own. i came in at the last minute. it's all about her. i try to tell her story. i'm trying to inspire people to give life. the living bank in houston has been helpful to me. i will donate proceeds. the american liver foundation as well. they are going to get some and then i was watching the show yesterday and cardinal dolan saying contributions are down and i'm going -- i've decided overnightly donate the rest of the proceeds -- i will talk to cardinal dolan, st. patrick's cathedral, whatever needs to be. it's because of faith that got us through and there was a prayer army started by "fox & friends" when i announced it and the book goes sunday to sunday. the sunday that i announced it to "fox & friends" and the sunday i got out of the hospital and that second sunday my wife and i went to st. patrick's cathedral and we heard all about the good samaritan that was so

perfect for colleen and i wanted to say when i came out of it, i wasn't a lot of tv, you realize how much ainsley every single day and i didn't know, ainsley was praying every single day on the air saying pray for colleen and pray for ed. i didn't know that because i wasn't watching tv. when i came back steve as i was doing research for the book, you said something to me that -- when i went back to watch the tape, the first time it didn't hit me. you said something, i was struggling to talk about this and you said, we missed you and that meant the world to me and this is a family and that's why i wanted to announce it here and by the way in my extensive research for the book, brian, i couldn't find anything that you did for me. ainsley, steve. [laughter] brian: we never got along. [laughter] steve: i'm glad that you see that colleen is doing well. so many people are worrying

about time of covidity if that's a word. there's a recovery for you as well. ed: there is. i feel great. i try to make sure it's not about me. i've been on the air with sandra and a lot of times i'm looking at correspondent miller, that's where we were and part of the thing i want to talk about is, well, this is -- you know, last summer and right before this crisis and this pandemic. how is mount sinai and i saw up close and my sister did, the doctors, nurses, heros that everyone was talking about, we saw it first. i had no idea any of this was going happen. more people have been contacting me saying they were in line to get a new liver, get a new kidney and some put off. this morning, i will tell you about 15 minutes ago i got a note from a woman who says i don't know.

i contacted after watching "fox & friends", her loved one got part of the liver as i understand it. he's doing great. bottom line, he hasn't been able to get visitors. they are trying to get visitors because of covid-19. bottom line because of "fox & friends" i wrote this book and brought so much attention to the idea of living donors and i want to thank you. [applause] ainsley: ed, you're funny as a whip and you have clearly a really good heart. i'm proud of you, that's sweet of you to give the money to the church because they need it. ed: cardinal dolan was on your show and i have been watching him every sunday and recently said a woman wrote him and said she's gotten used to watching mass at home, easy, you can drink a bloody mary and said, mom, you can't drink bloody mary during mass. [laughter] ainsley: bloody mary in your pajamas watching mass. ed: by the way, i'm just

kidding, brian. ainsley: we love you, ed, congratulations. 8:49 on the east coast. ed is coming up at 9:00 o'clock on his show. more of the states easing restrictions including mississippi, the governor of mississippi is going to join us with an update coming up with the financial strength, stability, and online tools you need. and now it's no different. because helping you through this crisis is what we're made for.

when bugs move in we stress out and spray. well, we used to. new ortho home defense max indoor insect barrier kills and prevents bugs for up to a year without odors, stains or fuss. new ortho home defense max. bugs gone. stress gone. avoid sick people... and touching your face. there are everyday actions to help prevent the spread of respiratory diseases. visit cdc.gov/covid19. brought to you by the national association of broadcasters and this station. of broadcasters so we're working 24/7 toected maintain a reliable network,

to meet your growing internet needs. we're helping customers who are experiencing financial difficulties stay connected. we're increasing internet speeds for low income families in our internet essentials program. and delivering self-install kits to your door. nos comprometemos a mantenerte conectado. we're committed to keeping you connected. for more information on how you can stay connected, visit xfinity.com/prepare. across america, business owners are figuring things out. finding new ways to serve customers...

connect employees... and work with partners. comcast business is right there with you. with a network that helps give you speed, reliability and security. and enough bandwidth to handle all your connected devices. voice solutions like remote call forwarding and readable voicemail. and safe, convenient installation. when every connection counts, you can count on us. get the connectivity your business needs. call today. comcast business.

ainsley: at least 16 states are easing coronavirus restrictions this week including mississippi where retail stores are now allowed to reopen at 50% capacity. here with update is mississippi governor reeves. good morning, governor. thankful that we are all healthy and so many people are not and i know that you have been dealing with that in your state. what are the folks that live in mississippi, what do they need to know? >> well, we are making progress in mississippi thanks to the president's leadership we are begin to go reopen our economy. we didn't close down like many other states did but we are very intelligently moving forward based upon data to reopen our economy. we believe in our state that we understand that we have a public health crisis. we are going to have approximately 239 fatalities from this virus that is going to be announced later this morning,

but in addition to that, we have 150,000 mississippians that are out of work and lost their job over the last 4 to 5 weeks and we have not only a public health crisis but economic crisis as well and we have to get our economy moving again. ainsley: you have to weigh out all the options and get people back to work and yet do it safely. what's going to happen? your stores can open on monday? what about restaurants, barbershops, nail al -- salons? >> retail operations opened on monday. we are looking other ways to open up entities, barbershops, we have casinos that are currently closed. we want to make sure we do it in a safe, responsible way and make sure the cases will not spike. we believe that we are in a good spot as it relates to that and we have to keep reopening the economy and focus on public health issues that are before us but recognizing that

mississippians are ready to get out and about. they are ready to go back to work and we as a state are ready to do our part to grow america's economy again. ainsley: i know we all feel that way. thank you so much, governor, for what you're doing in that state. >> thanks. ainsley: all right, you're welcome. okay, we have more "fox & friends" coming up. with newday's va streamline refi there's no income verification, no home appraisal, and no out of pocket costs. it's the quickest and easiest refi they've ever offered. call newday now.

confident financial plans, calming financial plans, complete financial plans. they're all possible with a cfp® professional. find yours at letsmakeaplan.org. >> so everybody is looking for something to do, i got an

assignment for you. figure out how to set your dvr is at home, folks. you can google it, you could have a kid do it so you can watch fox and friends every day starting at 6:00 a.m. because we will be back here tomorrow everybody. ♪ >> sandra: fox news alert, president trump vowing to double to coronavirus testing is more and more states begin to reopen this week including th one of te second-biggest economies in the country. >> ed: i'm ed henry. phase one of reopening texas set to begin this week. governor greg abbott says he will at the stay-at-home order expired thursday which clears away for stores, restaurants and movie theaters to reopen with limited capacity starting friday. salons, barbershops and gyms will remain closed. the governor said while the goal is to get people back to work, safety is the top priority. >> it's time