rob: nobody really wants chuck e. cheese pizza. carley: unless they're giving us the tokens then you have got to get the pizza. jillian: got to go. bye-bye. >> they are opening. they get it. we understand the disease much better than we did transition to greatness. we are going to be back. what you said is very important thing. people expect to go back. steve: there you have got the president of the united states yesterday, good morning, everybody. it's tuesday may 19th. 2020. the president there touting the strength of the u.s. economy as the economy slowly inches back to normal. today people in arkansas will raise glass. that state giving some bars the green light to serve, finally, once again. brian: and professional sports could be back on tv in a matter of weeks. california reversing itself. texas has always been there this suggesting leagues could return

by june if they follow strict guidelines. start practicing men and women. ainsley: and the good sign from the stock market. the dow surging by more than 900 points. investors encouraged over the progress of a covid-19 vaccine created by moderna. that's really good news. that would be wonderful this vaccine could come out before school opens up in the fall. steve: that would be great, ainsley, when they were talking about the phase one clinical trials where they have taken antibodies from 8 people and realized hey, it worked really well, they said, you know, it worked so well apparently it prevented the virus from infecting cells. now they are going to move on to phase 2 but they won't actually start vaccinating people until january, unfortunately. ainsley: aren't there some other companies though that are saying they might come out with something in the fall? hopefully. we are all crossing our fingers. sorry to interrupt you, steve.

university of south carolina announced classes are going to stop in thanksgiving because worried going to have a reoccurrence in he is december. steve: notre dame come back in august skip fall break and adjourn at thanksgiving which coincidentally is the end of the football season. anyway, lots of news to talk about on this tuesday morning. yesterday at this time we were talking about how a gym down in bellmawr, new jersey was going to defy governor murphy's executive order that locked down the gym. gyms in new jersey still not open. but the owner made it very clear he felt like his 14th amendment rights were being violated by the state government. he said i have not broken any laws so they reopened at 8:00 yesterday morning.

then at 11:00 yesterday morning a police officer showed up and said all those people gathered outside are violating social distancing ordinances and rules. listen. >> we are and were over here. we planned for the worst, hoped for the best and it seems like that's what we have out here today. normally you are all in violation of the executive order. on that note, have a good day, everybody be safe. [cheers and applause] steve: a lot of people are screaming okay, we won. we won. that was at 11:00 in the morning. then, brian, the police returned at 1:00 in the afternoon and gave him a ticket and now ian smith and his partner face a $2,000 fine, six months in jail. he is not worried about jail though he says because according to his attorney, no laws were broken. and they feel like their

constitutional rights are being violated by the state of new jersey, brian. brian: the key is, he adjusted his gym to be social distance friendly, to be safe and the bathroom. everything was done. people wearing masks. they were lined up because members in a time of pandemic in a lot of them are locked in the house and one of 36 million that have lost jobs, the best thing can you do for yourself mental fitness and physical fitness is actually work out. no everyone has a gym in their house or a personal trainer visiting. so like murphy who is very rich and nothing wrong with that i'm sure he has a huge house where he doesn't feel the pressure of the average new jersey resident. they want to go and work out. the gym adjusted like the private industry will do and that message should be for the cops in an awful situation should be this is actually the right way to do it. maybe we should adjust to what the people are telling us and start opening up gyms quicker because the people really need it. it's not an act of defiance.

it's an act of normalcy. and they want their politicians to wake up to it. listen to the governor speak out. and then the state police put it in perspective. >> these aren't just words. we have got to enforce this. i also don't want to start world war iii and i'm not worried about that right now. people have overwhelmingly done the right thing. we are painting a pat here pathe road map. >> the health and safety that's where every decision is based upon that. is this in the best interest of the citizens in new jersey. when we get to that point, which i think we until short order but for now today's actions at that gym were a violation of the eo. brian: it's been two months and do the people of new jersey have a right to make their own decisions on what's in their best interest or is the governor

their parent to decide what is right and wrong? god forbid they actually go and work out, socially distance and responsible. they roped off every other treadmill, they spaced out the electrical. handled the weight and cleaning in there. gyms don't have months to shut down. the ppp is running out. if they got it yet. they have to listen to business people in that area and give them a shot at success. it's not okay just to sit in the governor's mansion and allow these gyms and restaurants to go out of business, ainsley. ainsley: this is what makes our country so great. the people have spoken. the conversation has changed. two months ago it was different. about beds, ventilators, ppe. two months later people are hurting people are ready to go back to work. people are ready to make decisions for themselves. they have that god-given right to do it. hats off to this governor who didn't go in with arresting this man like we saw down in texas with the salon owner.

we saw the salon owner in texas fighting back. we saw elon musk fighting back saying come and arrest me. they didn't do that there and they didn't do it in new jersey. we have got to all work together. we have to do this safely because god forbid this thing fires back up and people start getting infected again and then would have to go back to what we have been through over the last two months. i read an article about a guy who does ride sharing he drives down in jupiter, florida. he was infected. he said i did not take it seriously in the beginning. i did not wear a mask. my wife is still in the hospital on a ventilator. we have to keep these stories in mind because we don't want to get back to where we were. if you are going to go out and do the gym and salons and go to the bars and drink on the sidewalk in new york city, do it safely and do it with people that you have been quarantined with. and if you see your friends, keep a distance so that we're not all infected again. think of everybody else, not just yourself in these situations. so we have ian smith. he is the co-owner of atillis

gym. the guy we interviewed outside yesterday. how much is he worried about. how people can help and what this looks like going forward. steve: that's right. keep in mind i was reading the email yesterday from people who live out in the middle part of the country and in places where there are not hot spots. new jersey, new york, connecticut. these are hot spots. these are really still hot spots and that's why, you know, they are trying to be as careful as possible. at the same time, the governor realizes that if they don't reopen business there won't be any business left. they are trying to figure out how to do it. the president who was talking yesterday about reopening and how people are trying to get back to normal. the president in is a series of tweets made it very clear the world health organization who he holds responsible for not alerting the world that china had a pandemic going, he was tweeting last night about how sounds like how the united states how the president is

going to withhold some of the money or at least he would like to at this point. the president tweeted this is the letter sent to dr. tedros of the world health organization. it is sever explanatory. essentially what it says unless they make major proossment impre could withhold the money. could slash it down to $40 million which is a prakdz of what we normally pay. that is how much china pays. we're going to go ahead and take a look at a little bit of the letter. he wrote it is clear the repeated missteps by you and your organization, w.h.o. your responding to the pandemic has been extremely costly for the world. the only way forward for the world health organization is if it can actually demonstrate independence from china. if the world health organization does not commit to major substantive improvements within the next 30 days, i will make my temporary freeze in the united states funding to the world

health organization permanent. the president said, brian. brian: yesterday the world health organization had conference call normally done in person. very important. we sent alex azar. he went over and represented us. other world leaders there. the president is divide with the world hurt organization. they did nothing. they condemned us travel ban. inexcusable what has taken place. talk of alternative organization that could form. what also is interesting about china is the backlash has been so great over 100 nations now includes russia and turkey condemning and demanding an overt investigation into china, they at least gave lip service to the fact, okay, we will give china -- china says we will allow people to go in there and evaluate exactly what took place. if you look at the number of contributing countries to the w.h.o., we double the second place country. that is great britain.

china is seventh, then sweden and france follow. it's not even close what they are actually contributing to this organization. but the question is are we better off with them the same thing we debate with the u.n. or better off without the w.h.o. to me this guy who heads the organization not a doctor and dicey record in ethiopia who was put there, we did not object, by china with their support totally subservant. gut that organization and get their money back. really simple. make changes at the top or count us out. ainsley: all right. stay on top of washington. democratic house. republican senate. g.o.p. lawmakers now gearing up to potentially subpoena former obama administration officials. that move comes amid the administration into the origins of the russia probe and fisa abuse. steve: griff jenkins is live in washington, d.c. as democrats respond to that by refueling their efforts to, are you ready

for this, impeach president trump. you got to be kidding me, griff. griff: good morning, steve, ainsley and brian. are you ready for the socially distanced impeachment hearings. not coming yet. democrats leaving the door open end sending a letter to the supreme court yesterday saying they are not done investigating president trump writing this the house judiciary committee investigation did not cease with the conclusion of the impeachment trial. they are demanding redacted grand jury material from the now completed mueller probe and they're looking into possible and improper political influence in recent decisions in the stone and flynn cases suggesting they could initiate new impeachment proceedings. we will find out. meanwhile, things are heating up in the senate. judiciary committee chairman lindsey graham saying they will vote june 4th on subpoena related authorization related to crossfire hurricane and abuses during the obama administration that would include documents, testimony and could compel the appearances of comey, clapper, brennan, mccabe, yates.

have you all heard from them but not in this state of the situation. it was sally yates we now know president obama was aware of the flynn kislyak call. this comes as attorney general barr surprised the president yesterday saying did he not expect former president obama or vice president biden to be investigated as part of the investigation. but the president is standing by his attorney general. >> i have absolutely no doubt that obama and biden were involved. it was a takedown of a president regardless of me. it happened to be me. i'm going to let the attorney general make all of those decisions. i have stayed out of it because it's the appropriate thing to do. >> griff: finally in unresolved flynn case still in the hand of judge sullivan 15 states attorneys general fired amicus brief arguing the court needs to hear the motion to argue for immediate dismissal. brian, ainsley, steve? brian: it's going to be really interesting, thanks, griff.

for senator graham to get the vote. of course he will get the yes. i can't imagine the committee with mostly republicans and senate majority not giving him the go ahead to go. they can finally ask the questions to the people that only go on msnbc and cnn where they get friendsly questions and talk about how insufficient president trump is doing as a president of the united states. and we could finally get the answers to these questions by the people no made those decisions and find out if they honorable nestle really thought if he was as an agent of vladimir putin or something else going up there to trip up that the organization. >> bill barr showing his independence again saying hey, mr. president, basically i'm not investigating president obama and vice president biden but i am investigating what was happening then. here's what bill barr did say though. >> what happened to the president in the 2016 election and throughout the first two years of his administration was abhorrent. it was a grave injustice and it

was unprecedented in american history. we saw two different standards of justice emerge. one that applied to president trump and his associates and the other that applied to everybody else. we can't allow this to ever happen again. ainsley: all right. so that was bill barr, yeah, sorry. i thought brian was going to talk. we are still trying to figure all this out. he was saying they were using the criminal justice system as a political weapon. and we just can't have that. we all want to get to the bottom of this. hopefully lindsey graham and his committee can question them and find out what the truth is he wants to be able to have access to all the documents, all the communication between yates and brennan and clapper and comey so that we can finally get some answers, steve. steve: that's right. and, you know, while mr. barr said he would not probably be, you know, he talks to mr. durham

every day and from what he has heard, doesn't sound like president obama, vice president biden would be called in to the criminal investigation. it sounds like lindsey graham's power would allow him to call the former attorney general loretta lynch in which would be interesting and then can just ask about hey, in that early january meeting where you were talking about the call, what was going on with that? so, it will be interesting to see what's going to happen in the senate. mr. barr also said he does believe mr. durham's investigation will wrap up by the end of the summer. it is. ainsley: right before the election. steve: jillian joins us from our world headquarters with more from the president. jillian: that's right. good morning. let's start with this. president trump revealing he has been taking antimalaria drug hydroxychloroquine for covid-19 prevention. >> at some point i will stop. what i would like to do is like to have the cure and/or the

vaccine and that will happen, i think, very soon. what do you have to lose, okay? what do you have to lose? jillian: president's physician prescribed the drug after the two spoke and, quote concluded potential benefit from treatment outweighed the relative risks. our dr. marc siegel weighing in. >> it is a doctor-patient decision it should not be challenged. the president has every right to take this and his doctor i suspect has every right to give it to him. jillian: the fda has warned against using hydroxychloroquine. talk about extreme weather. powerful storms ripping through the midwest overnight. a tornado touching down in central ohio this as tropical storm arthur heads out into the atlantic after latching the carolina coast. some areas seeing more than 4 inches of rain and 40 mile-per-hour wind gust. the storm whipping up gusts and relationshirip current.

fire burned 145-acres so far. look at this photo taken from five miles away show the huge plumes plumes of smoke and flames near a marine base. started in a training area. no word on injuries and damage to buildings. not clear at this point what sparked the fire. that's a look at your headlines. i will send it back to you. brian: thanks, jillian. meanwhile 18 minutes after the hour. turns out that pensacola naval station gunmen have been communicating with al qaeda for years. how did we miss this? congressman michael waltz has been calling for answers and has an idea how to make sure it never happens again. he's next live. to do whatever it takes to beat the odds. we are the men and women of america's hospitals and health systems.

and we're here to care for you in every way every day. that's why i've got the power of 1,2,3 medicines with trelegy. the only fda-approved, once-daily 3 in 1 copd treatment. ♪ with trelegy and the power of 1, 2, 3, i'm breathing better. trelegy works 3 ways to open airways, keep them open, and reduce inflammation for 24 hours of better breathing. trelegy won't replace a rescue inhaler for sudden breathing problems. trelegy is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. think your copd medicine is doing enough? maybe you should think again. ask your doctor about once-daily trelegy.

we know times are hard and we're here for you. find support at trelegy.com.

♪

♪ brian: a major developments in the dead buy december attack in the air station. the saudi aviation student to shot and killed three american sailors had been in contact with al qaeda the doj making the announcement after the fbi finally accessed the content on his phone. >> the phones contained information previously unknown to us that definitively establishes al shamry's significant ties to al qaeda in the arabian peninsula. not only before the attack but before he even arrived in the united states. brian: our next guest has been demanding answers in how this attack happened and had a hunch on this. he is sponsoring legislation that will make sure it doesn't happen again. florida congressman former green beret michael waltz now with the national guard. congressman, what are you doing to make sure this never happens again in this is exchange program. we are trying to train these guys and women to make their military better with our military.

>> yeah. thanks, brian. so there is three big points here. one is improving the vetting. two is al qaeda is still very much dangerous and then three is the role of big tech and working with our law enforcement and our intelligence agencies to get access to these phones when we have these kinds of ongoing plots on the vetting i have introduced legislation called the secure bases act which will create a special visa category for these students coming over and then also a risk category for what country they are coming from. obviously students coming from saudi arabia much greater risk of being radicalized than myrtle students from norway. but we have vetting. will department increasing exponentially and taken that over from the state department. but, you know. at the end of the day we have 20 bases in florida thousands of these students. i do want to make the point that

is an important program interoperable with programs what we have chinese and russians don't have are these critical allies that we can fight alongside with the same type of equipment. brian: right. michael, couple of things. >> yeah. brian: number one is saudis have to screen their people. do they really know he is not al qaeda? they really duped by that and not tyes and sending them over here. not inexcusable. apple according to fbi director was no help. we had to unlock that phone ourselves, it took the fbi four months to do it. what if that was the beginning of a major plot or a series around the country. >> so the saudis have to do a better job. everyone has to do a better job. and we have to ghoonsd that they do a better job. this is a privilege to come train with us.

al qaeda is still very dangerous. we can't ignore that piece that they're trying to infiltrate these programs. we have to stay on offense against them oversee seas. >and to your point on big tech. absolutely. apple completely refuses to work with law enforcement to create a back door into its encryption. if we have ongoing terrorist plots. we can't have the fbi taking five months to get in to -- to get into their phone. i mean, not only did they have other -- their accomplices on there. they have child pornography on there. they had other radicalized sites. this could have been much, much worse in terms of plots at other bases and we just can't have big tech throwing up their hands and saying you guys figure it out. that's not acceptable. brian: i don't know for sure but i'm wondering if china asked since they make all their stuff there if they would have had a different response.

here is their formal response to the fbi's accusation. apple responded hours after the attack on december 6th and continues to support law enforcement during their investigation. the false claims made by our -- about our company are an excuse to weaken encryption and other security measures that protect millions of users and our national security. so they're basically calling the fbi liars. right? >> yeah. look, brian, what i think this is. i think there is technically a way they could do this. what i think this is, is marketing on their point and with their millennial customers and out in hollywood, if they are seen as cooperating with our intelligence agencies or cooperating with the bureau, again, lawfully to go after terrorists to go after terrorists, mind you, then that will be a marketing problem for them, but from a from a technical standpoint they could absolutely do this if they wanted. to say. brian: absolutely. you mean accused of being

pro-american, unbelievable. tim cooke is coming to the white house, i believe today. i hope the president blasts him or demands some explanation on this. congressman, thanks so much. >> yeah, brian. they need to find a way or put it in legislation and make them do it. brian: absolutely. meanwhile, straight ahead. you saw live on "fox & friends" yesterday. new jersey gym owner reopening and defying the state's lockdown orders. he got a summons but says that won't stop him. what does he expect on day two? another $2,000 fine? he joins us live. ary people in the healthcare community, working to care for all of us. at novartis, we promise to do our part. as always, we're doing everything we can to help keep cosentyx accessible and affordable. if you have any questions at all, call us, email us, visit us online. we're here to help support you when you need us. take care, and be well. to learn more, call one eight four four cosentyx or visit cosentyx.com

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. when in your gut,dent you feel confident to take on anything. with benefiber, you'll feel the power of gut health confidence every day. benefiber is a 100% natural prebiotic fiber. good morning mrs. johnson. benefiber. trust your gut.

steve: well 24 hours the co-owners received jail. co-owner of atilis gym, ian smith. ian, good morning to you. >> good morning. >> so the cops showed up yesterday about 11:00 in the morning. they said everybody outside. not social distancing in

violation of the governor's executive order. and then they said have a good day. came back 1:00. gave you a ticket for disorderly conduct, i think now municipal court. that's a $2,000 fine. could face 6 months in jail. but you are not worried about jail. are you? not to say that i'm not concerned about it. our staff is moving forward. steve: right. you said you did not break any laws you feel like there is uneven system in new jersey and across the country where big box stores are allowed to be open. liquor stores are allowed to be open but you are not allowed to be open, right? >> yeah. you know. we opened yesterday with safety protocol in place that goes far above and beyond what big box

stores or essential businesses are currently doing right now, you know. we went above and beyond and we were still ticketed for it even though our protocol is far superior to theirs. we kind of expected that. but you know, the exchange with the police all day was amazing. even when they handed us the summons. the police were present from the beginning. they helped supporters. peaceful. wonderful exchange all day. and from my understanding. when they did hand the summons, that came from the county and they were serving that that wasn't from the local police. steve: right. i see you are wearing a blue line t-shirt right there. the police were in a bind. they were trying to keep people socially distanced because that's the executive order. it sounds like they didn't really want to give you the ticket but they had to. do you feel like it was -- they were in a pickle? >> you know, sure.

you know, i'm sure they all had their personal opinions on the matter and i'm sure that there are plenty of them that agree with what we are doing and plenty who do not. at the end of the day, they had to do with their superiors had ordered and that doesn't change our relationship with local or any law enforcement at all. you know, we understand that at the end of the day they are doing their job and i sympathize with them for having to do something that they may not have wanted to do. steve: yeah. governor murphy said, he called you out yesterday regarding the opening. he did not like it. worried that people were, you know, their health was endangered. he said if you show up tomorrow at the gym, meaning today, it's going to be a different reality than showing up today. although he said he didn't want to start world war iii. what do you think is -- and i know you are going to reopen your abortion today in defiance of the order. what do you think is going to happen today?

>> you know, frank and i are prepared for anything. you know, we informed all of our members that there is a possibility that when they step in the door that they can be fined and as well as the volunteers who have been helping us out sort of with this reopening. but, we went ahead and we were proactive and we were involved, some of the members involved here our lawyer has decided to represent anybody is charged. stand with that and we move together as we stand. steve: you are going to have a date in municipal court. now the people who come into work out could actually be fined as well so, you know, that's one

way they could try to keep people from coming, in i guess. we did reach out to the governor. we have not heard back from him. but, you know, ian, so many people were watching your story yesterday as if unfolded throughout the morning and i know you have gotten a lot of support. what's your message for the people looking in on the small businessman just trying to, you know, standing up to the state of new jersey trying to keep your own small business alive? >> my message is that this is far bigger than just one small business opening up. we said it from the get-go that this was about a gross violation of our constitutional rights and that this is for all small businesses. we he are all hurting in this time. and this was about showing that small businesses can be responsible because we care and we can present a plan that is workable. and we are flexible to changing that plan and adapting it and if we need to add even more safety

measures. we are more than happy to do so. willing to move forward and anybody who wants to support small business should get out there and other businesses that open get out there and stand with them. we would not have been able to spread the message that we did yesterday and stand up with such confidence if there weren't so many amazing people standing behind us and supporting us and really giving u.s. the platform to stand and make a difference. steve: yeah, indeed. there have been other gyms in new jersey that have opened quietly. didn't have quite the fanfare. i mean, you are opening live on network tv. good luck to you, ian smith. thank you for joining us today from your gym. >> thank you. thank you very much. steve: there you go. 21 minutes before the the top of the hour. wink's democratic governor now giving up his fight to enforce coronavirus restrictions in that

state. >> the republicans made it very clear that they don't believe a statewide approach is the right way to go at this point in time. steve: well, the judge called those orders unconstitutional and he's here with reaction coming up next.

♪ (announcer) reliability is everything. so, if your network's down, you're down. verizon knows your customers need to reach you seamlessly. your team needs to work from different places across many devices. plus, you want the security trusted by some of the largest companies in the world. and that's why you trust us. the most reliable network in america. to helcvs pharmacyh the curris now offeringation free one to two-day delivery of prescriptions and everyday essentials. visit cvs.com/delivery or call your local pharmacy to learn more. free prescription delivery from cvs.

tenergy intoll whohelping others.eir to anyone helping and caring in their own way. thank you. like you, we're always on. we're proud to put our energy behind you. southern company >> the republicans made it very clear that they don't believe a statewide approach is the right way to go at this point in time and they also don't believe that any restrictions are viable at this time. given that we will -- just doesn't make any sense spending a lot of times doing something that we know isn't going to be successful. ainsley: let's bring in judge andrew napolitano to talk about this subject. set fox news senior judicial

analyst and host of liberty file on fox nation. good morning to you, judge. >> good morning, ainsley, steve, and brian. ainsley: so the wisconsin supreme court said he was required to work with republicans he didn't consult with the legislators null and void. same thing in oregon judge restrictions after churches and parishioners sued the governor there kate brown therefore her restrictions were null and void. if you were the judge in these two cases what would do you? >> i have been pretty clear about this, ainsley all of those lockdown orders are unconstitutional. violate freedom of travel. trite privacy. our freedom of speech and freedom assembly and go right down the line ian smith is a former supreme court in new jersey. american hero and national treasure.

and we need more people to resist these unlawful incuretions into freedom by the governors. the clip you just ran of the governor of wisconsin he is right he lost this batting. >> he didn't follow the law. the law in wisconsin says if you want to shut things down by more than 28 days you have to get the consent of the legislature. he didn't do it. the very same thing. a very similar law in oregon although as we slept, the oregon supreme court has put a stay on that ruling. trial state judge put a stay on the governor you can't do. this the prediction they will rule the same way as the trial court did. governors are without authority to stop everything from happening. steve: right. you know, judge. so many governors had lockdown orders and executive orders as we were going up the covid-19, you know, tens of thousands of

americans were dying. and as the lockdowns have continued now, we were very concerned about public safety at the time but the question is what sort of civil liberties did we give up and might never get back? >> we gave up. i hate to say we against my grain i believe against yours and people watching us now, the right to go to church or temple or a mosque. the right to assemble as a group in a small town in new jersey where my farm is where i am right now, the police broke up i know these cops like the cops down the jersey shore they hated doing it. broke up 25 people. each in their cars. each had bull horns. thetell the governor what they

thought of them using their bull horn by cars by definition they were more than six feet from each other. the governor said no you can't have demonstrations like this. so you can have demonstrations you can assemble. you just need courage like ian smith and like the people that challenged the governors in oregon and wisconsin. brian: unbelievable because the governor does have responsibility. governor dewine is taking away people's liquor licenses if people are too crowded. in minnesota a bar owner going to court. he says i can't exist. i'm running out of money. i have to reopen. they will take them to court to keep them closed. can't work with this guy in order to set up his restaurants to be coronavirus friendsly so to speak? and now i understand about precaution. but they are destroying local businessmen and women governors too lazy to get out of their

mansions to work with business owners to keep them alive. weeks and days matter. un. >> you are precisely right, brian. their job is not only to protect our safety but to protect our rights. to keep us safe and not free. they are not doing their jobs. they are violating their oath to uphold their own state constitutions and violating their oath to uphold the federal constitution. look at greg abbott. governor abbott in texas. he is working with people. is he opening up the state arrogant pigheaded judge decided he had the right to shut down her salon. this is america. the more people that protest. this the more you will see the government cracking down because i think the crisis period is over. people who want to take chances have the right, the constitutional right to take a

chance. ainsley: i think these governors watched what happened in texas and watched how people were so furious and they are not going to do it. we are at a different point now. people need to get back to work. thanks so much, judge. great to see you. >> missing you guys. ainsley: thank you. new york's governor now says protecting nursing homes is a priority. but more than 5500 people in those homes have already died from covid-19. is it too little too late? that's next.

ainsley: new york governor andrew cuomo making nursing homes amid the pandemic. accepting covid-19 patients. >> we now have a top priority which we have from day one which is our nursing homes. we put in place a requirement to test all staff at our nursing home twice per week. and i understand that no other state is doing. this i understand we have the most aggressive standard in the nation. but i also know that it is necessary. ainsley: there have been more than 5,000 deaths in new york nursing homes accounting for about 20% of all the deaths statewide. so how did it get this bad?

here to discuss is "new york post" columnist miranda devine. good morning, miranda. >> good morning, ainsley. ainsley: good morning. so the governor on march 25th, he required nursing homes, forced these patients to be able to be placed in nursing homes and the hospitals were not allowed to tell the nursing homes unless the patient allowed that patient to be told that they had covid. then it spread in these nursing homes and then a month and a half later he changed his mandates requiring hospitals they have to test negative for covid before they allow these parktsz to get into the nursing homes. your response? >> well, it's really remarkable that andrew cuomo never takes responsibility for that fatal mistake that he made at the very beginning of this pandemic when everybody knew nominee nursing homes were the most susceptible

and accept covid positive patients back from hospitals. of course the virus spread like fire through the nursing home more than 5500 dead now. it's demand all the nursing homes that their staff test twice a week. that is a difficult thick to do at the moment for them. putting all the onus back on the nursing homes. there was a time when he could have allowed those nursing homes, many of which were just begging not to have to take back those covid positive patients. they could have put those patients into the hospital ship, the comfort, or at the javits center. instead, no. they insisted. and so it is too little, too late, and for andrew cuomo just a couple days ago to tell us that old people are going to die anyway. it's just ridiculous.

ainsley: sean hannity was so upset. what if president trump had said that who can we prosecute for thee these deaths? nobody. older people are going to die from this virus that's a fact and that's not going to change. sean said last night what if the president had said that? what would the reaction be? >> well, exactly. you know, the media is leaping down the throat at every single thing that the president does. even when he says that he is taking hydroxychloroquine. they somehow think that's an affront to the sensibilities of america. and, yet, they give andrew cuomo a free pass. ainsley: 10 seconds to black. sorry, miranda. thanks so much for being on with us. next hour jason chaffetz and congresswoman elise stefanik. stay with us.

usaa was made for right now. and right now, is a time for action. so, for a second time we're giving members a credit on their auto insurance. because it's the right thing to do. we're also giving payment relief options to eligible members so they can take care of things like groceries before they worry about their insurance or credit card bills. right now is the time to take care of what matters most. like we've done together, so many times before. discover all the ways we're helping members at usaa.com/coronavirus

let's be honest. quitting smoking is hard. like, quitting every monday hard. quitting feels so big. so try making it smaller, and you'll be surprised at how easily starting small can lead to something big. start stopping with nicorette.

♪ brian: we start with a fox news alert. you recognize that sound. president trump radio vial has been taking hydroxychloroquine to prevent covid-19. a will the oa lot of people wery about that. ainsley: the president says he has been taking the drug daily for a week and a half. steve: mark meredith is live outside the white house with reaction. mark, it sounds like he got prescription from the white house physician. >> that's right. we heard from the white house physician late last night. this caught people by surprise that the president has been taking this drug hydroxychloroquine. we have been hearing from the white house though all about this. the president made those

comments first though during a round able to as i mentioned catching some people by surprise. he says is he taking this drug out of abundance of caution and continues to test test test test negative for coronavirus. >> at some point i will stop. what i would like to do is have the cure and/or the vaccine and that will happen, i think, very soon. what do you have to lose, okay? what do you have to lose? >> but the medical community overall has been repeatedly warnings that people should not just taking this drug without a doctor's approval. the food and drug administration put out a but the continue back in april the fda is aware of reports of serious heart rhythm problems in patients with covid-19 treated with hydroxychloroquine or chloroquine. hearing about medical experts about this latest revelation from president trump. >> i'm not aware of an everyday-basevidencebase that wt it's effective. >> there is no evidence that tells us that taking hydroxychloroquine is either

safe or effective for preventing covid-19. >> when dr. sean connolly, the president's physician, who i have met with and think is quite reasonable weighs the options back and forth, he decides to prescribe it for the president. it is a doctor-patient decision it. should not be challenged. it is a medical decision made between a doctor and a patient. you can prescribe off label. so, i don't think it's wild or anything like that. i think it's reasonable. as you know, i think that that drug saved my father's life. >> you can bet there is going to be a lot of questions though for president trump. is he expected to hold two events. cabinet meeting this afternoon. back to you steve, ainsley and brian. brian: mark, thank you very much. the market went up 1,000 points. great news about a vaccine. feeling very optimistic about it and reopening of the country. maybe wonder question to say hydroxychloroquine at that time overwhelming his other news.

the fact is nyu just did a study. they gave people the triple drug combination of hydroxychloroquine as well as zinc think found 1.5 times greater likelihood of recovering and discharge and 44% less likely to die. so there is positive news coming out of that and france did do a study. and there was a trustworthy study coming out of china. don't act like he just grabbed it from some witch doctor. we know where it came from. it's been heavily politicized. let's bring in jason chaffetz. fox news contributor. former chairman of oversight and reform committee. are you surprised by the mania around the president's announcement, jason. >> no. it's the president of the united states. and i am still smiling about your witch doctor. i don't know that i know any witch doctors, but he is doing fund the control of his physician and his doctor literally by his side at every

moment of the day. i'm not taking it. i have never heard my doctor say it. people need to work with their own doctors that should be the message. >> it true that if your doctor prescribes it and that's the conversation have you had it your doctor, that's your business? >> yeah. the president said it out loud. it's going to be a subject of fodder and discussion as most everything the president utters ends up being. but i think it does -- i think to me it reinforces that you need to work with your doctor. for a lot of medical professionals, this is not going to be the answer. but for the president's physician, that is the answer. so, he seems to be in great health. i haven't met anybody who has more energy and stamina at his age and acute awareness of what is going on than donald trump. whatever is working for him, keep it going. steve: there you go. it sounds like it started two days ago when two white house staffer members tested

positively. ainsley: good pointed. steve: trying to treat himself prophylactically to make sure he didn't get sick. jason, let's talk about the russian mess which we have been talking about the last three years. here is the attorney general talking about what happened to the current president over the last couple of years. >> what happened to the president in the 2016 elections and throughout the first two years of his administration was abhorrent. it was a grave injustice and it was unprecedented in american history. we saw two different standards of justice emerge. one that applied to president trump and his associates and the other that applied to everybody else. we can't allow this ever to happen again. steve: and mr. barr also said it sounds like mr. durham's investigation is going to be wrapping up by the end of the summer. and is it also sounds as if one

of the things they are looking into is the fisa applications. you know, spy on carter page and then extension the entire campaign. okay, so we have been talking about those applications. but apparently there were misrepresentations of the facts and all sorts of things going in to those applications and you try to figure out who misstated the facts and then you have got some people who have some splaining to do jason. >> i find attorney general barr to be very precise in his wording. i don't think he is exaggerating what he is looking at. there are a lot of people worried if they have doneff fairous things. i think they have. i have looked at this and studied this. did so in congress and afterwards. i have got to tell you, there are people who really overstepped their bounds. one of the things that's out there that attorney general barr is signal ling here is how different he treated donald trump than everybody else.

not he but the obama-biden administration. the idea that they never gave a defensive briefing to donald trump the candidate. donald trump the president-elect. and donald trump the president really does say a lot. because they treated hillary clinton totally differently. i think what you are going to find is that there are a handful of people that really misused their power and their office and their police powers. i also -- remember, have you horowitz who has documented over 1,000 pages of miss deeds that have gone down in there. i think what you are going to see ultimately at the end of the day, this went to agencies outside the department of justice, outside of horowitz's purview. i'm talking like places like the dni and the cia and other places that maybe were doing some of these operations overseas. that's the best read i have on it thus far. that's where this is going. i do hope he wrapping it up sooner rather than later.

brian: other big story is reopening america. more and more states got to reopen. seeing decreases in their number and curve is beyond bent. starting to do that especially in new jersey there is an impatience. new jersey was the second state hardest hit but the numbers are going down. but for one gym owner it was not good enough. and he could not wait any longer. and yesterday you might have seen, jason, the coverage. this gym opened. ian smith opened up his gym and the coption were great, but they did come back and give him a summons. i want you to hear first what they originally said when the crowd gathered outside. listen. >> we are and were only here for safety today. we planned for the worst, hopes for the best and it seems like that's what we had out here today. normally, you are all in violation of the executive order. on that note, on that note, have a good day. everybody be safe. [cheers and applause]

brian: a little bit later ian smith found out he would be hit. listen. >> this was about a gross violation of our constitutional rights and this is for all small businesses we are all the hurting at this time. this is showing that small businesses can be responsible because we care. anybody who wants to support small business should get out there and other businesses that open get out there and stand with them. we would not have been able to spread the message that we did yesterday and stand up with such confidence if there weren't so many amazing people standing behind us. brian: who is being responsible, jason, the governor or the owner? >> i thought the owner of the business is trying to do the right thing. hats off to law enforcement was put in a difficult position. i thought dealt with it appropriately and understood that these people were trying to do the responsible thing. you see people there wearing

face masks they want back to normal life and do it responsibly. at the end of the day, this story is going to be one about how the government picked winners and losers and in new jersey to allow big box retailers to go out and sell and do things and not allow the person who sell those types of things will be one of the person who goes out there and i hope they sue the heck out of that stated and win a lot. i have got to tell you, the way they have treated small business in this country, it's just shameful. and these people, they live in our communities and they want to do the right thing. >> joe biden yesterday had a virtual campaign event. and he had some distracting interruptions. there were honking geese in the background because it looked like the door was open or the window was open. there were birds chirping. ringing i phone and looked like a secret service man was in the background or someone was. watch this. >> you are going to hear there is a pond on the other side of

my property here. a lot of canadian geese. if you hear them honking away. they are cheering. that's what they are about. [cell phone] i don't know whose phone that is. but the scale of the loss is staggering. [geese] >> two months money is, it incompetence? corruption? trump is out there tweeting again this morning. i call the president tweety. reopen the country, end of quote. ainsley: said the nickname for the president is president tweety. do you think he can survive like this going live from his home? >> i mean, he is in the most controlled situation you can possibly be in. look, things happen. you misstate words. do you those types of things. you have a goose that honks its horn. i mean, i understand that. but it happens to joe biden on an hourly basis. i mean, it's much funnier than anything you could watch on late night television. ainsley: i know it's almost-oil go ahead, sorry.

steve. steve: i was going to switch gears before you go, jason, something else. over the last couple years we have been talking so much about the president and how the democrats have tried to beach is him and now there is a story on foxnews.com that house democrats told it the supreme court supreme court on summoned me are impeachment investigation as a part of their waity constitutional responsibility. redacted grand jury material from mueller's completed russia probe must now be turned over as a result. so while we are still dealing with the global pandemic, thought democrats want to go back to impeachment before the election. >> i mean, that really is stunning if you think about it. first of all, when they passed this bill unilaterally by themselves most recently. it gave them the ability to stay out of session until july 22nd. so don't think that you are going to see congress in sesmghts but they only obsession

they have is impeachment instead of doing things for the american people. that's where everybody is so upset is they are not doing what they need to do for the country to move forward. they are staying home and consolidating that power around nancy pelosi and it's evidently to do another impeachment it. is disgusting. but it's story that just they have nothing else. they just don't. ainsley: jason, thank you so much for, with us. good to see you. let's hand it over to jillian. she is in studio with headlines. jillian: that's right. good morning. we begin with this. president trump threatening to permanently freeze funding for the world health organization overnight. the president giving the w.h.o. 30 days to make, quote: substantive improvements writing in a scathing letter, quote: it is clear the repeated missteps by you and your organization in responding to the pandemic have been extremely costly for the world. the only way forward for the world health organization is if it can actually demonstrate independence from china.

a major break through attack at naval florida. the saudi aviation student who shot and killed three american sailors last december had been in contact with al qaeda. the doj making the announcement after the fbi finally accessed the shooter's phone. florida congress colonel michael waltz joined us earlier outlining the steps we can take to prevent this from happening again. >> there is three big points here. one is improving the vetting. two is al qaeda is still very much discuss and then three is the role of big tech and working with our law enforcement and our intelligence agencies to get access to these phones when we have these kind of ongoing plots. jillian: apple says it has cooperated with the fbi's investigation but claims it does not have the ability to unlock pass code protected devices. today mike gathers i garcia is e

sworn in. won the seat in special election against democrat christie smith. garcia will finish katy hill wants remaining term. she resigned in october after admitting to having annual affair with a staffer. interviews are pouring in for actor ken osmond boast known for his role in leave it to beaver. >> what's the matter with you. >> i have been double-crossed. copy his homework again? >> osmond playing smart-talking eddie haskel on the hit show. he acted in small roles before retiring from show biz to become a police officer. osmond died at his home in los angeles. he was 76. a look at your headlines. send it back to you. ainsley: oh, eddie has haskel. in black and white. we will miss him. will. brian: joe biden hasn't made a pick for a running meat.

will joe concha on the profile on her that's raising eyebrows. both of them. tempur-pedic's mission is to give you truly transformative sleep. so, no more tossing and turning. because only tempur-pedic adapts and responds to your body... ...so you get deep, uninterrupted sleep. during the tempur-pedic summer of sleep, all tempur-pedic mattresses are on sale! duringwhen in your gut,dent summer of sleep, you feel confident to take on anything. with benefiber, you'll feel the power of gut health confidence every day. benefiber is a 100% natural prebiotic fiber. good morning mrs. johnson. benefiber. trust your gut.

theand we want to thank times, the extraordinary people in the healthcare community, working to care for all of us. at novartis, we promise to do our part. as always, we're doing everything we can to help keep cosentyx accessible and affordable. if you have any questions at all, call us, email us, visit us online. we're here to help support you when you need us.

take care, and be well. to learn more, call one eight four four cosentyx or visit cosentyx.com "the retur"drafting"ing" "the return of the slide job" "ripping the wall" "gas-n-go" "bump-n-run" "the return of loud" "nascar is back, and xfinity is bringing you the best seat in the house."

steve former vice president joe biden last not yet chonk his running mate that we know of but the media may have already decided for him. "the washington post" raised eyebrows over its glowing profile of stacey abrams. they write, quote: pandemonium ensues as she walks to the far left of the stage like a runway super model. stops on a dime. poses, tilts her head satellitely and smiles. camera flashes explode. abrams is summoning her interactress and enjoying the moment and getting through it to

get to the conversation. here to weigh in joe concha media reporter for the hill. thanks for joining us. what is the "the washington post" doing with this glowing profile with stacey abrams? >> it's amazing. the editor of the worsz is "then post" is marty barren. you mean spotlight the "boston globe" and all of the pliltsers at this one. this got under his radar. this is the exact argument that donald trump makes about the media in terms of being let's say sympathetic to one side and not so sympathetic to another. picture nikki haley or melania trump getting a profile like. that and then i see these comparisons, steve, to beto o'rourke and remember he had this profile that was just marinated in cheesiness vanity fair he has aura and former girlfriends describe him as

curious adventurous soul. usually carried a novel in back pocketed. this is a guy who lost. just like stacey abrams she didn't win the georgia gubernatorial election two years ago yet she is getting this sort of treatment. so,you know, "the washington post" they came out with this new mantra that democracy dies in darkness. this is democracy do is in a doocy. i have seen glowing profiles before puff pieces. this one takes the cake. again, stacey abrams, steve, is the same candidate that to this day has not accepted the elections results of 2018. and that's supposed to be dangerous for democracy i thought i was told and now instead she is celebrated for resisting those rules. bought line is she in let's see april, when governor kemp decided that he was going to reopen the state. here's what she had to say about that. this is dangerously incompetent decision that is grounded in

personal politics. just yesterday, she said since receipt opening of the state we have seen covid rated skyrocket by 40%. all right. she is saying this is going way up. out of control. fact checked on that impossibly wrong. so will she be called out like that like she should be in the "the washington post"? no. this is propping up a candidate to be the most sexy for lack of a better term vice presidential candidate that the press could put up when you compare her to a gretchen whitmer or amy klobuchar because of the racial element, perhaps and just perhaps for the fact that for whatever reason the press likes stacey abrams a heck of a lotted more than they like some other of joe biden's potential nominees. steve: well, she certainly does have her supporters and people who like her. but, do you see this as the "the washington post" knows that joe is close to picking somebody and putting it out there before you decide don't forget about her? >> i think, steve, that the vice

presidential selection of joe biden especially important this year compared to past years for other nominees because joe biden has hinted. he hasn't said it but he has hypotheticalled that he may only serve one term. we are getting joe biden in his 80s if he wined presidency. the person behind him is that much more important. the bottom line is stacy abrams hasn't served in congress. she hasn't served in the senate. she hasn't served as a governor. is this the person that has the right experience given what we are seeing with joe biden and what potentially could happen at the end of his first term or even before that for that matter. steve: all right. media critic joe con challenge. joe, thank you very much for joining us on this tuesday. >> all right. steve. got to go hike. got to go. thank you. steve: yes, you do. probably walk right by my house. meanwhile, the virtual school year is almost over. so how are parents and students holding up? we have got a panel of mothers here to discuss that coming up next. ♪

♪ [ engines revving ] ♪ ♪ it's amazing to see them in the wild like th-- shhh. for those who were born to ride, there's progressive.

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. ainsley: as schools around the country wrap up the academic season virtually. we have kim, kerik and elizabeth. good morning, ladies. >> good morning. >> good morning.

ainsley: okay. so i want to go around the circle and find out how this is affecting all of. karras. i will go with you first. >> i like to joke it takes a village to raise a child it. take as vineyard to home school one really. you know. we have no choice. and it's hard on the friends not seeing their friends my heart breaks for my friends that have only children. thank god mine is close in age. they need socialtion. it's not normal and shouldn't bed new normal. ainsley: home schooling only children. your kids are close in age. they have each other to entertain one another. kim, i know you have one 14-year-old daughter. how is it affecting you as a single mom with one child? >> i think we are trying to even our maturity level. you know. which has been fine if you would stop talking to me that would be great.

anyway. we are getting by but she is definitely missing her friends immensely. ainsley: i'm sure. >> virtual friendships which existed before all of this where they talk on the phone for an hour. on face time or whatever it is. uh-oh. my alarm. you know, that has changed and it's not great for them now. so i really -- i know she is just even though she is a germ germophobe she cannot wait to get back to school. ainsley: i'm sure especially at that age. elizabeth have you two daughters, right? >> i do, yes. i have two girls 5 and 7 years old. i was raised in texas and we worked hard to instill the value of american resilience in our children. but what this situation has showed me is that even at their young ages they are so much more resilient than we are as adults. they adapted to zoom school and to quarantine life essentially overnight, which was we are

still working on it. but we have worked hard to complement the lessons that they're learning in school with fun activities. so not getting to do those with their kids in school. baked a giant cookie and decoratedecorated it like an amn flag for memorial day. we played monopoly to work on numbers. my 5-year-old daughter juliet needs to work on becoming a better loser. there has been life levies around the corner in this situation for all of us. ainsley: yeah. what i'm hearing from parents we are over the zoom. we are ready for summer break. no more classes. let's talk about the fall and summer camps. things we had planned for our children. now, dr. fauci cautions about opening up in the fall but then have you dr. chris who is one of the country's most prominent pediatricians who says there are risks in closing in the fall learning how this is going to effect our kids socially and developmentally and mental health for our children. karrith, what do you want to see happen in the fall?

>> i would love there to be a consensus across the board, you know, given directly from, you know, leadership, all governors agreeing that yes, we can do this and make it happen. the half measures aren't working and effecting everyone mentally. no one knows where we are going. that's hard and our parents' psyche let alone the kids. ainsley: my university i university of south carolina announced they are going online after thanksgiving and fall break will be canceled because they are worried about a spike in december. are you worried about that? >> i'm worried about it but i'm more worried about, you know, math skills that my child is learning from me. she needs to get back to real teaching. ainsley: i get it? >> her social studies are through the roof since i'm a political consultant but the math not so good. i think that school, especially at my daughter's age, which is transitioning to high school, the social element of it is probably more than 50% of it and

you don't get the kids back to that sorlings. and to that, you know, learning how to deal in a society, i think can really stunt them and i know there is clever -- look, we have people -- we put people on the moon like my parents used to say. let's figure out some clever way to do this but get these kids back together. ainsley: elizabeth, we see the gyms opening, the salons opening even though they are not supposed to they found ways to do it safely. how would you like to see schools reopen safely? >> we have to trust each other in this situation. even though my daughters are so young they really understand the severity of the situation. they can respect the boundaries of safety. we have to learn to live with this pandemic. that's the bottom line. because we don't know if we're going to have a clear answer for a long time. and we need to get back to some form of normalcy for our children's sake. for our sake. for our jobs. and, you know, i think we're

america. we are strong. we have gotten through so much and we will get through this too. ainsley: um-huh. if you look at this picture. i don't know if you can all see monitors. this is before and after what social distancing. this is at fairfax county public schools would look like. they would reduce the classroom sizes to 12 students or less and can you see the desks there elizabeth, let me ask you about your children because you have a 5-year-old. i have a 4-year-old. i don't know if they would be -- how would teachers be able to keep them at a distance? >> i think it's going to be hard. but i do think that they -- we don't really give our children enough credit for their capacity to understand. and their whole lives have been turned upside down and i think that they get it and we need to trust that and also need to trust the institution and the safety measures that they're implementing and their ability to enforce them. i do trust our teachers to be able to handle. this. ainsley: yeah. well, ladies, thank you so much.

y'all are heroes, too. because you are at home trying to work, single moms, single child. little ones. so, y'all are all doing a wonderful job. keep it up and hopefully we will get back to some normalcy soon. god bless you all. thank you. and god bless those precious children. they are wonderful. what blessings. 7:35 here on the east coast. thought impeachment was over? think again. house democrats i say they have ongoing investigation. congresswoman elise stefanik is going to join us live with a message for her colleagues. that's coming up next. it's time for the memorial day sale on the sleep number 360 smart bed.

can it help keep me asleep? absolutely, it senses your movements and automatically adjusts to keep you both comfortable. and now, save $1,000 on the sleep number 360 special edition smart bed, now only $1,799. only for a limited time.

we can't offer much during this time of crisis, but we can offer what we have. so from all of us working early mornings on the farm, long days in the plant, or late nights stocking shelves doing all we can to get you the milk you need. we hope it makes your breakfast a little brighter. your snacks more nutritious. and reminds you when it comes to caring, there is no expiration date. milk. love what's real. ♪ ♪ ainsley: democrats refueling their efforts to impeach president trump. steve: again. that's right. they are in search of political overreach in the michael flynn and roger stone cases. griff jenkins is live in washington to break it all down.

so it's deja vu all over again, kind of, griff. we have 2.0 not just yet, brian and ainsley. good morning. democrats are setting the stage for new impeachment proceedings sending a letter to the supreme court saying they are not done investigating president trump. noting that the judiciary committee's investigation did not end with the impeachment trial and now they are demanding redacted grand jury material from the mueller probe which they say could offer new evidence showing the president committed impeachable offenses not covered by the original articles. in this letter they write, quote: the committee's investigation continues today and has further developed in light of recent events. for example, the committee is investigating the possible exercise of improper political influence over recent decisions made in the roger stone and michael flynn prosecutions both of which were initiated by the special counsel. those references related to receiving a lesser prison sentence after. the doj's motion to dismissed flynn's case still unresolved right now. chairman nadler also informing

he intends to call attorney general barr to testify on these matters as soon as possible. brian, ainsley, steve? brian: that should be interesting. they never let go, do they? let's bring in the g.o.p. congresswoman who really stood out when this probe was really kicking in elise stefanik. a member of the house select intelligence committee over here also representing new york. congresswoman, thanks for joining us. talk about your district and what's going on in new york and how governor cuomo might be getting a pass. sadly, i have to talk about impeachment. do you think they are doing this just to get the grand jury testimony and that's their best reason? or do you actually think that they want to give the president another 10 points in his approval rating and do this again? >> they have been obsessed with impeachment after president trump overwhelmingly won the election. and i have seen this first hand sitting on the house intelligence committee. adam schiff has continued to put

out false information and continually lied to american people. we saw this with the mueller testimony as well. when mueller came in front of the house intel their case for impeachment just crumbled. this shows how weak joe biden is, i think, as a presidential candidate because they can't run on their record. and what is so concerning to me is we are in the middle of coming out of a once in 100 years pandemic. we have so many important issues in terms of rebuilding the economy and this is what house democrats want to focus on. it's inexcusable and embarrassing and a real opportunity for republicans to take back the majority which is why i think you saw that important pick-up in california in that special election. so it's disappointing. certainly there has been no outreach to republicans on the house intelligence committee on what their plans are. it's more of the same. political, impeachment at all cost. and the people who suffer because of this are the american people. ainsley: do you think the personal people, the personal voter will get tired of this? and just see that they are trying to find anything on this

president because they don't like his politics? how is that going to effect the election and what about in blue states where have you these governors, they are saying the whole state is closed. people in rural counties that maybe no cases of covid are furious because they want to open up their businesses. is that going to backfire on blue states. >> i have think it is. and we see this dynamic playing out in new york state. i represent new york's 21st district. we have manufacturers, farmerrers, small businesses really suffered thungsd one size fits all approach. what i have advocateside a much more regional approach. we started the process of reopening. our small businesses, our manufacturers they have innovative creative solutions but who we can safely get back to, woman of achievement our governors need to understand that people need to be able to livelihoods they have great ideas how to do it. they just need to hear our input. coming back to impeachment, the american people are smart. they want to focus on the issues that matter. ensuring that we have a plan to

safely get our kids back to school this fall. ensuring we are allowing our small businesses to reopen safely and gradually. that's really important. i hear that's what's on voter's minds in my district. steve: well, maybe it's the democrat strategy to be able to say the closer we get to november. you know, if we controlled the senate, we would have been able to impeach him the first time. so, let's see if that is part of their game plan. meanwhile, let's talk a little bit about an investigation you are calling for, congresswoman regarding nursing homes in the empire state of new york because the governor has essentially changed the way covid deaths are being reported. we have a sound bite to listen. to say here is the governor talking about how nursing homes are a top priority for him after saying that older people we're going to die. watch. >> who can we prosecute for those deaths? nobody.

older people, vulnerable people are going to die. from this virus. and that is a fact. that is not going to change. >> we now have a top priority which we have from day one which is our nursing homes. i understand we have the most aggressive standard in the nation. but i also know that it is necessary. steve: there he said older people are going to die and talking about top priority is to protect those people. you are calling for an investigation. explain why. >> because new york has mismanaged how we approach and protect our seniors in our nursing homes. we knew going into this our most vulnerable are our seniors and those in assistive living facilities. new york when compared to other states took a number of negative actions and cost over 5,000 lives. the governor took executive

action forcing positive covid cases back into nursing homes. there was zero transparency in terms of informing the seniors, the workers, or the family mexico whether there were positive cases. they also didn't fully tell the public how many seniors deaths there were coming from nursing homes. that reporting data they didn't count the hospital deaths when there was a positive case that was transmitted because of the senior nursing home. we took the opposite approach in my district and i have to applaud the county public health officials. in our first case of a senior assisted living facility the county public health office, this is not picking guidance to new york city new york state they put out the information in a transparent way to make sure that other seniors and families in that assisted living facility were notified of that immediately. so i believe that these families owe answers. we cannot dismiss their concerns. i heard from families who are still grieving for loss of their

loved ones and they deserve answers. it's not just republicans who are calling for this independent investigation. it's democrats as well. it cannot be conducted by new york's attorney general either. it needs to be an independent investigation. i'm calling for the department of hhs to conduct this independent investigation. but i think it needs to come from the federal government. brian: new jersey numbers were really high too with seniors as well. congresswoman elise stefanik, thank you so much for joining us from your kitchen. seems like your kitchen. >> yes. brian: seems nice. upstate new york. meanwhile jillian mele speaking of nice. she is covering all the news. and while we were busy, she was working. jillian: that's right. good morning. let's start with this story we are following. border patrol busing three different smuggling attempts in one day. first agents in texas found 48 people, including two kids packed in a tractor-trailer. hours later, another trailer was found with 10 people inside. later that day four people were discovered hiding in a pickup truck. an american citizen was driving.

an adt security services worker is accused of spying on hundreds of people, including kids over several years. two class action lawsuits have been filed against the security company after a customer found an unauthorized email giving permission to access their home security system. according to the suit adt notified customers of the security breach and tried paying them off in exchange for their silence. the company saying in a statement quote we took immediate action and put measures in place to prevent this from happening again. now to some trending stories on fiocco. first up, lawmakers saying fbi director christopher wray is ignoring them. wray declining to set up interviews regarding the michael film cases so lawmakers are reaching out to agents themselves. next, california officially launches a $75 million coronavirus relief program for illegal immigrants. the website ended up crashing over so many people applying for the taxpayer funded program.

and finally, ithaca, new york, bracing for impact if colleges in the city can't reopen. it's the home of cornell and ithaca colleges. the mayor telling cnbc the city's economy will take a major hit. to say read more about these stories and many more can you download the fox news app. that's a look at your headline. send it back to you. jillian: than ainsley: thank you, jillian. bars and restaurants set to resume dine-in service this week. what's being done to keep customers and employees safe. the governor is going to join us live with an update next. flonase sensimist. nothing stronger. nothing gentler. nothing lasts longer. flonase sensimist. 24 hour non-drowsy allergy relief

yeah. this moving thing never gets any easier. well, xfinity makes moving super easy. i can transfer my internet and tv service in about a minute. wow, that is easy. almost as easy as having those guys help you move. we are those guys.

that's you? the truck adds 10 pounds. in the arms. -okay... transfer your service online in a few easy steps. now that's simple, easy, awesome. transfer your service in minutes, making moving with xfinity a breeze. visit xfinity.com/moving today. brian: americans governors slowly reopening their states including ohio. dine in this thursday i'm so jealous under a new team to ensure it's done safely. governor dewine joins us now. governor, thanks for joining us. day care on the 21st. gyms on the 26th. indoor dining on the 21st. that's going to be exciting. outdoor dining over the weekend. so far, how is it going? >> pretty well. most people in restaurants, as you said, doing outside dining now and then this weekend we

kick in to inside. are doing a very, very good job. we put together a group of people who run restaurants. people who run bars and along with health department people, health experts and they all got together and came up with these best practices. so, it's good. we had a couple outliers other the weekend in regard to bars that were letting people come much oranges -- you know, congregate too much. you know, it's about distancing. but, by and large the restaurants, i think, did a good job and they will be totally open this weekend. brian: so i understand you had to crack down a little bit over the weekend. are you threatening these restaurants if you don't comply i'm taking your liquor license? >> you know, i think the most important thing the threat they need to fear is that people won't come if they don't feel safe. i mean, that's number one. majority of restaurants -- vast majority did a good job. we have some bars that were not doing what they should have done.

they weren't controlling their crowd. and ultimately that comes back to, you know, the bar owner. they have got to do that. so, you know, what we have said is we are going to enforce the law because we need people to be protected. we need people to feel safe when they venture out. they walk into a bar. no matter where it is or they walk into a restaurant that certain rules are, in fact, going to apply. and that's, you know, that's essential to keeping people safe and it's also essential for people having confidence that they can actually go out and be safe. both of those are important from an economic point of view and from a medical and health point of view. brian: the way i have it, you just have under 30,000 cases. 1657 people have lost their lives. one out of five have come from the department of corrections. do you believe at this point you are going to be -- you were one the first states to shut down. are you going to be one of the

first states to fully open being that you are at 90% now? >> well, we are pretty much fully open. and we are going to see how it works. we are -- you know, ohioans did a great job before. we are just asking ohioans to continue to do that as we open the economies. stay safe. keep the distance. those are all very, very important things. brian: next step cavaliers and indians. see if you can make that happen, governor. [laughter] >> we love to see baseball on n. july. even if no one is going to be in the stands. but at least bring it back to tv, right? brian: gout it, governor. talk to you soon. i know you have been busy. keep up the good work. meanwhile straight ahead next hour kayleigh mcenany and kevin harvick. going to be fun.

... chances are low, and the cost is high. the sacrifice is real. it's all around us. but this isn't a story about how tougher times beat us. this is our comeback story. the time when we rally and come from behind. the time when we defy the odds and get back to work while the whole world watches. yeah, this is your comeback story. and when it's time to come back, we'll be ready.

ainsley: right to a fox news alert president trump revealing he has been taking hydroxychloroquine for covid-19 prevention. steve: that was quite a headline the president said he's been taking the anti-malaria drug daily for about a week and a half. brian: mark barrons is live outside the white house with mixed reaction. i thought you'd be talking about that vaccine progress instead this ends up being the major story. reporter: brian there's never a shortage of headlines in this town as you know. as you mentioned many people were caught by surprise by the president's comments yesterday that he is taking that anti-malaria drug. president trump: at some point i'll stop. what i'd like to do is i'd like

to have the cure and/or the vaccine and that'll happen i think very soon. what do you have to lose? okay? what do you have to lose? reporter: but the medical community has been repeatedly warning that people should not be just taking this. this happened during a round table discussion. the president said he was taking the drug out of an abundance of caution and he continues to test negative for the coronavirus however we have been hearing from the fda about all this they put out a bulletin back in april saying the fda is aware of reports of serious heart rhythm problems in patients with covid-19 treated with hydroxychloroquine and we're also hearing from many doctors that are weighing in about this latest revelation from president trump. >> as far as our treatment of covid-19 patients whether you are slightly ill or very ill, we have seen no effect whatsoever. >> when the president's physician who i have met with and think is quite reasonable weighs the options back and

forth, he decides to prescribe it for the president, it is a doctor-patient decision. it should not be challenged it is a medical decision made between a doctor and a patient. you can prescribe off-label so i don't think it's wild or anything like that. i think it's reasonable as you know. i think that that drug saved my father's life. reporter: it's likely this is going to come up again during the president's cabinet meeting this afternoon and we also learn in the next hour that the vice president and treasury secretary will be heading up to capitol hill to meet with senior republicans. brian, ainsley, steve back to you guys. ainsley: thank you so much. let's bring in kayleigh mcenany. she is the white house press secretary there in d.c. good morning to you. >> good morning, ainsley. ainsley: good morning, so that made a lot of headlines yesterday. it was talked about on most or all of the channels yesterday. usually it's something you just keep between yourself and your doctor. we don't walk around talking about what drugs we're taking. did the president just want to be transparent or something he didn't think be a big deal?

why did he decide to talk about it? >> the president just wanted to be transparent about his personal health decision he made in consultation with his doctor, and one of the things that i really want to get out there this morning that unfortunately there's a lot of misinformation about is first let me emphasize strongly that any use of hydroxychloroquine has to be in consultation with your doctor. you have to have a prescription that's the way it must be done. that being said i talked to the fda commissioner this morning, steven hahn. he said hydroxychloroquine has been approved for three other uses. we have a lot of information about the safety of this drug, though ultimately you make that decision with your doctor, so some of the missreporting on other networks, these analysises of hydroxychloroquine ignore the fact that tens of millions of people around the world have used this drug for other purposes, including some people in my communications office who used it for malaria prophylaxis before traveling to other parts of the world. steve: did the president start

taking it 10 days ago because a couple of the members of the white house staff tested positive and suddenly the coronavirus was inside the west wing complex and it was just worried about that? is that why he started or had he been talking with his doctor about taking it for a while? >> yeah, so i don't have any information about the exact rationale that was a personal deliberation with his doctor and the president but as has been noted the president has said pretty widely that this is a drug that he has looked at, along with optimism but nevertheless, you know, he said that this is a decision that must be made with the doctor as he's repeatedly said. brian: kayleigh i just want to move on to talk about opening up the country and these businesses and states. dave porddnyi, who i know is a sports guy, but his opinion, if trump was on the other side of the spectrum and being like let's keep the country locked down, my guess is everybody

would say open it up. do you believe that some people are keeping their states locked down because it would bolster an economy that reflects the president's record in an election year? >> look, you know, that's something that each governor i certainly would hope not i certainly would hope they aren't keeping their states closed for political reasons but some of the decisions that have been made throughout this haven't been data driven. i've mentioned some of those before and you have to ask yourself why some state governor s aren't following the data. all governors should, in fact do that, but one thing i'd note about reopening, brian. we had a call with governors yesterday and the president was there and the vice president was there and one of the individuals we heard from on that call was dr. cass, a renowned expert on mental health and she noted the fact that 20,000 people die per year because of suicide and drug overdose and those numbers can become excesser baited in an ex tense extended quarantine

situation so as secretary azar said this is not health versus the economy this is health versus health because it is a sustained quarantine too. steve: kayleigh since you brought up that phone call with the president and the governors yesterday, at one point he said he be happy to have the federal government assist them with reopening but he wasn't really specific. what does that mean? how would he help them? how would the federal government help the states? so one of the things that we've donald its been so impressive to see is each state has given us a plan for what they believe they need for testing purposes, and we have been able to sit down meticulously go through those plans and say we can assure you that you will have enough testing for phase i that we've supplied and of course states to take the lead on this but the federal government has come in in a huge audible and helped the states. its been impressive to watch that operation play out in realtime. ainsley: kayleigh, people are, you know, people are ready to

get back to work. people are hurting and brian was interviewing someone recently who said i'm jealous ohio is getting to open up and he interviewed the governor of ohio , said getting ready to open up and i'm jealous of that and i think we all are. you used to live in new york. things are different here. every state is different. many people are blaming china. some of these state, some individuals want to sue china. the president said yesterday, he's threatening to keep the world health organization, that funding in place for another 30 days. well is that a definite? >> yes, you know, it is at the moment. the president's letter was very revealing. one of the most disturbing things that i think was in the letter the president wrote about the who was that on january 21, you had the chinese xi-jinping telling the who, pressuring the who to not call this a health emergency and the very next day you had the w. h. o. saying this is not a public health emergency of international concern. that is one of many pieces of

evidence we have of the w. h. o. and shine a slow-walking this information, lives were put at risk and u.s. taxpayer dollars will not go to an organization that slow-walks information, and puts american lives at risk. brian: all right, so here is a quote from the letter. it is clear that the repeated missteps by you and your organization as the president of the w. h. o. responded to the pandemic has been extremely cost ly for the world. the only way forward is for it to actually demonstrate independence from china that the world health organization as if it can actually commit to improvement, and i'll make a temporary freeze to the united states funding to the world health organization permanent so china yesterday reportedly and president xi was asked to be the keynote speaker, why not, and in it, he gave into international pressure which included russia and turkey to allow an investigation into wuhan. number one, do you believe it and number two, is that the type

of step forward that you're hoping for? >> well i'll leave it to the president as to what steps he hopes to see but it's on the w. o. h. to prove they don't have a china bias that is when it lies and they need to ensure the united states that taxpayer dollars are used well particularly when you consider the fact that they were all for china's onerous restrictions to travel into their country but when the president said i'm stopping travel at our border, from wuhan , we were told by the w. h. o. that that was a bad decision so interesting facts like that really highlight the problems but i'll leave it to the president as to what changes he wants to see. ainsley: kayleigh when you look at the numbers the contributing countries from 2018-2019 we gave almost $900 million the united states. china gave 90 million. not even close to what we gave. why is the w. h. o. so supportive of china and not us when we bankroll them? >> that is the million dollar

question and what do we get for that 400 million odd dollars we give and china giving a fraction of that? we get the fact that they hide information given to them from taiwanese officials that this virus had human to human transmission, that information was hidden and the information about this potentially having asymptomatic spread, that also was information that given to us what have we gotten in return for our money? we finally has a president who says that's enough of funding those global organizations where we get very little in return. steve: right. kayleigh let's switch gears. down the street from where you are, the department of justice bill barr was there yesterday, and was taking an overview of what has happened to the president starting with the campaign and looking at the history of that and said you know what happened to him? not normal. here is the ag. >> what happened to the president in the 2016 election and throughout the first two years of his administration was

abhorent. it was a grave injustice and it was unprecedented in american history. we saw two different standards of justice emerge. one that applied to president trump and his associates and the other that applied to everybody else. we can't allow this ever to happen again. steve: i'm sure you would agree with that. one "other things he said was that from and apparently he talks to john durham whose doing this investigation. talks to him every day. he says from what he has seen, he does not expect vice president biden or president obama to be involved in any sort of criminal investigation going forward and then the president said after that, he said well, i'm kind of surprised. what's the president surprised about? >> well the presidents surprised there are a lot of questions that's going to be answered by president obama, by vice president biden, namely the fact that the department of

justice learned about the michael flynn conversation and the unmasking in the oval office from president obama. that's remarkable. think about that. you have sally yates saying wow i had no idea about this until president obama informed me about this conversation. you have half a dozen partisan officials unmasking lt. general michael flynn and steve i have to ask you if the tables were turned, if an rnc funded dossier was used to spy on members of vice president biden 's current campaign, what would happen? what would happen if trump adminitration officials like mark meadows and vice president pence were unmasking people like john kerry? that has explode and rightfully so but that's what happened under the obama administration but if the tables were turned you'd have the media carrying a whole lot more. steve: you're right. brian: kayleigh yesterday the president of the united states said mike pompeo to fire the inspector general so he did. what reasons did mike pompeo

give to the president to fire the inspector general at the state department because senator grassley, a republican, wants to know that answer. do you know it? >> well the president said yesterday that he told various departments who have obama ig officials that it's their decision whether to let that individual go. secretary pompeo made that recommendation and the president agreed with it and i would just note that when president obama did the very same thing when he fired ig's when several came together and wrote a letter saying president obama, you're inhibiting our investigations, you know, no one seems to care then, but all of a sudden when president trump does what's in his lawful authority, people are very upset about it. ainsley: kayleigh thanks for joining us. >> thank you. ainsley: you want to follow-up? i think we lost her. brian: kayleigh you don't know? i guess not. all right okay. ainsley: 8:13 on the east coast let's hand it over to jillian. jillian: that's right good morning we begin your headlines with extreme weather, powerful storms ripping through the

midwest overnight. a tornado touching down in central ohio. this as tropical storm arthur heads out into the atlantic after lashing the carolina coast some areas seeing more than four inches of rain and 40-mile per hour wind gusts. the storm also whipping up dangerous surf and rip currents. >> a brush fire rapidly growing at camp pendleton overnight that burned 150-acres so far, photos taken from five miles away show the huge plumes of smoke and flames near the california marine base and the fire started in a training area, no word on injuries or any damage to buildings and at this point it's not clear what sparked the fire. >> today california congressman- elect mike garcia is set to be sworn in. he is winning the 25th congressional seat in a special election against democrat christy smith. he will finish katie hill's remaining term who resigned in october after admitting to

having an affair with a staffer >> americans are apparently notorious for making excuses. >> buehler. he's sick. my best friend's sister's brother's boyfriend's girlfriend heard from a guy whose going with a kid. jillian: a new poll shows the average american makes more than 2,000 excuses every year, so that is six per-day, the most popular, i'm too tired coming in at 49% followed by i don't have enough money and i don't have enough time. i use the tired one sometimes. [laughter] steve: we do a morning show. we could say all of those , every day. ainsley: it's true in your case. steve: all right thank you, jillian. all right, straight ahead, president trump yesterday hosted a round table with restaurant

executives at the white house. how will that industry bounce back? we'll talk to one ceo whose sitting at the table, and he is coming up, next. tempur-pedic's mission is to give you truly transformative sleep. so, no more tossing and turning. because only tempur-pedic adapts and responds to your body... ...so you get deep, uninterrupted sleep. during the tempur-pedic summer of sleep, all tempur-pedic mattresses are on sale!

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. when in your gut,dent we can get through this together. you feel confident to take on anything. with benefiber, you'll feel the power of gut health confidence

every day. benefiber is a 100% natural prebiotic fiber. good morning mrs. johnson. benefiber. trust your gut. "the retur"drafting"ing" "the return of the slide job" "ripping the wall" "gas-n-go" "bump-n-run" "the return of loud" "nascar is back, and xfinity is bringing you the best seat in the house."

president trump: it's an industry we're working very hard with and on. we're looking at doing deductibility so that a corporation can use a restaurant or entertainment clubs, et cetera, and get deductibility. i think that'll really have a big impact. steve: there's president trump hosting a round table with restaurant executives amid the push to reopen america's businesses. jose sill is the ceo of restaurant brands, international , the parent company of burger king, popeyes and tim hortons, three of my

favorites and he's at that meeting and joins us right now from miami. jose good morning to you. >> good morning, steve thanks for having me. steve: you know, you're in a unique situation when it comes to the restaurant industry because a lot of your locations for a variety of reasons were deemed essential, so they remained open. that's good for you, but at the same time, there are other things facing your industry that you have been greatly impacted by, right? >> yeah, absolutely. we were since the beginning of the crisis, steve, our restaurants because of the drive-thru capabilities and delivery capabilities were deemed an essential service, and our franchisees and restaurant teams did an amazing job at burger king, pop eyes and tim ho rtons over the last couple of months to continue to serve americans and feed americans. i think despite that benefit of being deemed an essential service it was still quite difficult given the fact that our dining rooms were closed

that's about in many cases, you know, 30 some odd percent of the business comes in, in the front counter so there was a big impact but the industry as a whole as you know, has taken a big hit. a lot of the independents and the franchisees that have businesses that don't have drive-thrus have been struggling tremendously with closures across the country, and so we had a chance yesterday, to sit with president trump, vice president pence, secretary of labor scalia, and secretary of treasury mnuchin and many others from the white house to talk through these specific issues and it was really an extraordinary opportunity to talk to leadership about the challenges that we're facing but also, to say thank you for moving so quickly and swift ly with the cares act and the ppp, which has been so essential to helping keep businesses open. steve: right, 5.5 million jobs lost in the restaurant industry in april. sales down 52 billion through

march and april and regarding the ppp, currently you have to be able to spend it over eight weeks, but your group is asking the administration, can we stretch that out? rather than spending it all in eight weeks can we spend it in what, 24 weeks? >> yeah, the idea is to stretch the deadline or push the deadline out for 24 weeks to get it into october, because the way the ppp is set up, you need to spend 75% of the loan proceeds for payroll, essentially to rehire back employees, and everyone's aiming to do that because that's so critical to our business it's the biggest part of our business the people that do a great job in our restaurants but if communities are still closed there's a lot of municipalities that haven't allowed restaurants to reopen yet it's hard to take that step to rehire when you don't have a clear view to when the restaurants open so we think it should sync up with the reopening of america and what i found very encouraging is

that president trump, secretary mnuchin and others were very receptive to the idea, obviously there's a lot of work to do in order to get to that point, but we were encouraged by the understanding of the issue, and the dialogue that we had around the topic. steve: surely and i know you're like every other business in america you want to get back to normal as quickly as possible, and it's a slow process, and that's why the employees at burger king, popeyes and tim hortons are all wearing masks and gloves to make the customer feel safe. jose thank you very much for sharing a little of your recollections of the big day at the white house yesterday. >> thank you so much steve i appreciate it. have a great day. steve: you bet, you too and good luck. 8:24 here in the east. kevin harvick winning at daytona , rather darlington in nascar's big return, and his 50th career victory. what does this mean for him? kevin is going to join us, live coming up, next.

when i was a young kid in third grade, i remember my dad coming up the stairs in my grandpop's house where we were living, sitting at the end of my bed and saying "joey, i'm going to have to leave for a while. go down to wilmington, delaware, with uncle frank. they're good jobs down there, honey. and in a little while, i'll be able to send for you and mom and jimmy and val, and everything's going to be fine." for the rest of our life, my dad never failed to remind us that a job is about a lot more than a paycheck.

it's about your dignity. it's about respect. it's about your place in the community. it's about being able to look your child in the eye and say, honey, it's going to be ok and know it's true. you never quit on america. and you deserve a president who will never quit on you. unite the country is responsible for the content of this advertising.

theand we want to thank times, the extraordinary people in the healthcare community, working to care for all of us. at novartis, we promise to do our part. as always, we're doing everything we can to help keep cosentyx accessible and affordable. if you have any questions at all, call us, email us, visit us online. we're here to help support you when you need us. take care, and be well. to learn more, call one eight four four cosentyx or visit cosentyx.com or is it? what if business as usual means putting people first... and understanding their needs? if that's your business. 365 days of every year, then business as usual is precisely what these times require. which is why your lexus dealer will do what we've always done. put you first. find out how we can service your individual needs at lexus.com/peoplefirst.

confident financial plans, calming financial plans, complete financial plans. they're all possible with a cfp® professional. find yours at letsmakeaplan.org. ainsley: after months without live sports nascar giving up some hope this week with its big debut on fox on sunday night , there were no fans but

6.3 million people tuned in as kevin harvick scored his 50th career victory winning the real heros 400 at darlington raceway in south carolina. heaver in harvick the winner joins us now, how are you? >> how are you good morning? ainsley: i'm great, congratulations. >> well thank you, it was a big day for not only myself and my team but our whole sport and as you said, over 6 million people watching the race was a great day for our country and as you look at the processes and everything that we went through from getting to the racetrack to getting the cars to the track and everything that everybody in our industry did to get our sport back to work, you know, paid off for us and everybody was safe and everyone did a great job and it wound up being a great day for our sport. ainsley: yeah, you all are so patriotic. you were remembering the heros by writing medical workers names on the side of your cars and when i watched you cross your finish line i loved that you

thanked your team. how important is that? >> well this is a team sport and that's probably one of the strangest parts of everything that is going on right now with all of the masks, you know, the social distancing, and everything that we're doing at the racetrack is i'm so used to that interaction with my team we've been together going on seven years and to not see their facial expressions and the things that they're feeling is very different, but you know, i think for all of us we want to just get back to normal and to have a little piece of that normalcy back for us was a great feeling. ainsley: what was that like to be in that hot car wearing that mask? >> yeah, well, you know for us, when we get in the car we're able to take the mask off and put the helmets on and do all of the things we normally do, but a lot of protocols put into place from the sport to the pit crew guys from having to wear helmets that go below their chin, mask with everybody on the pit box and walking around the garage so lots of protocols but for

everybody watching there's a lot of hope for other sports to be able to put the pieces together in order to get their sports back on track as well. ainsley: what was it like when you stepped out of the car and there's no one in the crowd? the winner's circle everything changed. the announcers except for one reporter is in charlotte, away from darlington in south carolina what was that like? >> very strange and for me, you know the part that really hit home for me as to how much we feed off of the fans and the emotion after the race, you're inside of the car which is not drastically different for us with no fans there, because you just are hearing the engines and have your radio communication but when i stepped out of that car with all that emotion and all that excitement with no one to share it with, it was a very awkward situation to talk to the tv camera that was six feet from me, and i didn't really know what to say. it was just so awkward. ainsley: we interviewed him before. he's a nice guy. >> me being the only one with

the emotion after the race. ainsley: right, right, now is this kind of separates the best from the rest though what i loved about this race is there was no qualifying and no warming up, i mean, the moment gentlemen start your engines and you all went over the line, that was the first lap of the race. what was that like? >> well just leading up to the race in general, for me i had a lot of anxiety just because you don't know what the testing is going to be like, you don't know what the whole process is going to feel like, and so getting into the racetrack and being able to spend the next four hours in my motorhome, thinking about the race, it was really all about that first lap and what was going to happen because you know, you hadn't been in a car, we hadn't been on a racetrack, so there's was a lot of unknowns but after you got into a rhythm the first 10-15 laps you were back in the office doing the things you love to do. ainsley: you were leading more than half of the race so we congratulate you and we're proud of you fox sports one is airing

these races and thank you so much for providing sports for us , because so many people wanted to watch something and you got a lot more fans because of this as well because people were so anxious to watch a live race. congratulations to you, i know tonight is the xfinity on fox sports 1 at 6:00 and at darlington and tomorrow you're part of the cup series and that's at 7:30 tomorrow on fox sports 1 tomorrow night. kevin congratulations, lots of fans and lots of our viewers watch you and love you. thank you very much for having me. ainsley: you're welcome god bless you out there you stay safe. you saw it live here a gym owner defying his state's lockdown order and reopening and he's not backing down this morning, listen. >> this is about a gross violation of our constitutional rights and this is for all small businesses. ainsley: pete hegseth was at that gym yesterday and he's here to react, next.

when a stuffy nose closes in... (whimper) breathe right strips open your nose up to 38% more than cold medicine alone. (deep breath) breathe better, sleep better. breathe right.

>> we're here for everybody's safety today. >> [applause] >> you are all in violation of the executive order. on that note, i would advise everybody to be safe. >> [applause] brian: and the crowd roared at least for them. pete hegseth was there covering it all morning, author of a brand new book out today for the first time, "american crusade" and i'll talk to him on radio a little bit later, and i'll talk to you about this in a second, pete but first things first, the new jersey gym, the police officers were great. they didn't offer originally they came back and gave a summon

s to ian smith right after that, so here he is talking about why he did it. >> this was about a gross violation of our constitutional rights and this is for all small businesses, you know, we are all hurting at this time and this is about showing that small businesses can be responsible because we care. anybody who supports small business should get out there and other businesses that open get out there and stand with them. we would not have been able to spread the message that we did yesterday and stand up with such confidence if there weren't so many amazing people standing behind us. brian: describe the emotion there and could he actually absorb $2,000 a day? pete: he says he's prepared to they are starting a gofundme page. i talked to his lawyer this morning they are ready to fight it but they've got a wave of people behind them and the line was around the corner to come in and work out in one hour shifts. i was inside that gym for a couple of hours.

pending a raid which we thought they were going to get arrested and watching the way they scrub things down they social distance they follow protocols it's way more, way more than anything a walmart or a liquor store or a target or any of these restaurants are doing to keep people safe. he showed how responsible citizens can be if you give then the freedom and the point he points out he and his business partner frank, both awesome guys and a powerful moment outside is that every business is essential especially in the private sector you know in the public sector sometimes they say non-essential , essential employees in the private sector there's no bailout money, no taxpayer money for you. it is your business, your business is your bailout. so he has been such a powerful spokesman for so many. we saw another gym in new jersey open up as well, both gyms are saying we're going to continue to defy these orders. these police don't want to shut them down. they don't want to do that at all. this is all the governor trying to prove that he has the power because there's nothing

irresponsible about what atilis gym is doing or these hair salon owners that's why i call it the revolt of the hair salon owners and gym owners and restaurant owner whose say we can do this responsibly, we respect the virus but we need to open up into the next chapter of our lives. steve: speaking of chapters, there are many in your brand new book. it's "american crusade" it's available today. pete, i know that you finished the book before anybody ever heard of covid-19 but it is particularly applicable to what is going on today, for instance with their business owner and everybody else, because the subtitle is our fight to stay free. pete: that is exactly right. and i think the subtitle is even more important than the title at this point. our fight to stay free, when you realize how fragile freedom is, how quickly it can be taken away , you realize how much you need to be educated and we all need to educate the next

generation to appreciate this experiment in american freedom. now, thankfully we have a crusade erin chief right now whose stood up and fought back but the left has taken over our education systems, our cultural institutions, our media, our movies, a lot of our churches even the military, under obama became very politically correct. the left has absorbed so much, politics can't be the only place we win. so the book points out what a critical moment we're in right now. how much the left has gained ground, a friend of mine called it the decoder key of the left and it was a complement to me if you want to break it down in ways you understand how much they've captured our culture and then how do you fight back. what do we practically do with the next generation to not just win at the ballot box. yeah that's important but win in the culture. in our education where our kids are being indoctrinated with leftist nonsense that is the opposite of freedom so if you love freedom i really think you're going to love this book.

it is a stream of why i think america is so special. steve thank you so much. i appreciate that. and all of you for the support. you guys all know it's a tough thing to write a book. the day it comes out you're proud of it and you hope people will just give it a chance so summer is in front of us, father 's day is coming and this covid-19 moment i think really is the silver lining as people are realizing their individual liberties and that they can be there so there's a little bit of a history lesson here, you'll laugh, hear some good stories and be scared a little bit but be inspired i think. ainsley: i'm reading it from my bedside table right now thank you so much, pete for writing such a great book. it means a lot to our viewers to know you actually opened up the book and you signed your name for them. how can they get that? pete: absolutely this month if you want a years worth of fox nation, which you should get anyway if you subscribe for that because fox nation is fantastic, you also get a special fox nation edition of my book, signed by me i signed

every single one and it'll be delivered right away and you could start watching the fox nation stuff right away. guys also this morning amazon is already sold out. if you want a signed copy you can go to barnes & noble and get it now and it'll arrive quick and i promise you it's worth the read. thank you guys for the support. steve: congratulations. ainsley: get to signing. pete: i know, you're right. brian: pete has got the princeton, he's got the harvard background, the military background and the every person background who you see on all of the diners that all goes into the book that really bleeds through. thanks so much, pete. pete: i really appreciate it. ainsley: we're proud of you. brian: meanwhile, here is janice dean, she promises to give us weather including we have a system moving our direction with a name. >> janice: arthur and actually arthur is moving offshore, and out to sea, so that's why i'm doing the weather and not brian kilmeade. let's take a look at it. arthur is moving offshore 60- mile per hour, sustained winds this tropical storm bermuda will have to watch it

we're still going to see the potential for rip currents and beach erosion and strong waves along the coast. so just keep that in mind. now, arthur is out of the way, but we have something that's even more significant that's a cutoff low in area of low pressure that's not being steer ed by anything and that's going to bring the potential of six to eight, even 12 inches of rain for parts of the mid- atlantic over the next 48 hours so that's going to be an extreme weather threat for areas like western north carolina and western south carolina. we'll keep an eye on that that's a big story. the other big story is the heat across the south and we're actually getting snow over the mountains of the sierra in california but we are going to continue to watch that area of low pressure and arthur, that is moving away from the coast. back to you, steve, ainsley, brian. steve: look at that, snow on ma. all right, j. d., thank you very much now back to our world headquarters and jillian joins us with the headlines. jillian: that's right good

morning to you and let's start with this story an attorney for the man who filmed the shooting says he took a polygraph test to prove he had nothing to do with the deadly incident. >> it is not now and has never been more than a witness of the shooting of mr. arbery. brian has committed no crime and there's no criminal responsibility in the death of a rbery. ainsley: william brian says he's receiving death threats after recording this video in february and it appears to show the deadly shooting. travis and gregory mcmichael are charged with murder. the father and son claim they thought arbery was a robber. >> delta plans to add about 100 daily flights starting next month, including one from new york to paris and another from atlanta to cancun were brought back due to customer demand. despite an increase in passengers, planes will operate at 60% capacity until at least july. delta says its schedule change is subject to change, excuse me,

with the pandemic. >> and some big cheers for a nurse going home after 51 days in the hospital fighting covid-19. look at this. >> these are the heros, the fighters, strong people coming into work every day and taking care of the patients and patients like me. jillian: the utah nurse thanking her fellow st. marks hospital workers for saving her life. medical staff say she was on a ventilator for three weeks and they say it is a miracle she survived and we are so thankful that she did and grateful to all of those who helped take care of her and everyone else. guys? ainsley: yes, yes, god bless her thank you so much jillian. blue state governors asking for billions of dollars in bail outs should red states have to pay up? congressman dan crenshaw you know what he's going to say, no way and he's up next but first let's check in with sandra smith >> sandra: hey, ainsley good tuesday morning to you, about one hour from now, we're watching a hearing on capitol hill, the first major look at

the $2.2 trillion cares act after congress approved that measure to salvage the u.s. economy so how is it going? secretary mnuchin and fed chair jay powell will be there to answer questions we'll cover that life live plus we'll hear from the president 11 a.m. eastern time set to make remarks on the nations supply chain, we will have that for you and we've got an all-star lineup for you on the breaking news this morning. senator com cotton and james lang ford are here, on nursing homes and the situation there, amid the coronavirus and maria bartiromo joins us for the opening bell after a big rally on wall street yesterday. bret baier and dr. siegel and more join ed and me live, top of the hour. staying connected your way is easier than ever.

you're just a tap away from personalized support on xfinity.com. get faster internet speeds with a click. order xfi pods to your home in a snap. or change your xfinity services with just a touch. all in one place. you're only seconds away from all of that on xfinity.com. faster than a call. easy as a tap. now that's simple, easy, awesome.

brian: so we're at battle between the states states want a bailout because they've been very hard hit by this coronavirus, everyone has been hard hit but take a look at this chart right now. look at the tax rate, for california and new york, new york is 8%, and look at the population, roughly equal, you see there, and look at the tax rate and then look at the coronavirus toll. it is much higher in new york and california, and they want

the bulk of the money even though they have the same exposure and the texas of the world and the florida of the world doing substantially better. what's the coalition? what is the connection between all of this let's bring in texas congressman, bite my tongue, dan crenshaw to make sense of all of this with a background of course fighting for our military as a navy seal. congressman you think all of this is key and that if we're going to start bailing out states we should look at why maybe some are suffering more than others. what's the reason do you think? >> well it's no secret that blue states like california and new york, they have vastly more expenditures than red states like texas and florida, that balance their budgets and new york and california are in a lot of debt. they have really massive pension programs and this is on top of the fact they actually tax their citizens to a huge extent, and it also should be said that a lot of the coronavirus expenditures are in the form of

medicaid which the federal government already pays for , and so it's really hard for me, from texas, to tell my taxpayers here that your federal tax dollars should go to other states that in the case of california it wasn't hit that hard by coronavirus, but they want a bailout nonetheless that's because their state finances were so bad before all of this happened. brian: dan they're giving $75 million to illegal immigrant s. how does that make sense? don't tell me waive got to cutoff my firefighters and my cops when you're giving $75 million to illegal immigrants, so that's a priority and when 40% of the budget for new york is going to the medicaid program, which they expanded on their own. >> yeah and its already being paid for by the federal government so they are asking for more money on top of that, and let's be honest, it's probably to replace their tax revenues and they need to replace their tax revenues because nobody is working. they won't let anybody outside, so they want to keep people locked down and want the rest of

the country to pay for that. that's fundamentally what's going on here and that bill we voted on on friday was almost $1 trillion towards this end, so they can talk about helping the people all they want, but the vast majority of that bill was going toward their favorite blue state governors. brian: let's talk about your wall street journal editorial that just says so much. why is it that republicans and democrats feel so differently about opening up this country? why does this divide happen? you think you know. >> i do think i know. i think we're all observing this trend, this divide in america between reopening and staying closed and just like everything else it seems these days it falls along political fault lines and i thought why might that be and it's a few reasons it's political and psychological. so on the political side if trump says something, the democrats say the opposite okay? we all know that but that only explains just a little bit of it i think there's more to the story. the left tends to pack themselves into cities where sog

to do with it however it doesn't explain why republicans in those cities also feel differently. the jobs that liberals and conservatives take might have something to do with it. college educated more liberal voter who can work from home isn't really effected is more likely to say hey i'll stay home , okay but that's the political side. now there's an interesting psychological divide too as it turns out, conservatives and liberals assess risk much differently. conservatives are more likely to take riskier jobs and maybe confront risk better. we also view liberty differently , conservatives believe in responsibility. brian: i'm going to ask to stop you there. for what you need! [squawks] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

from anyone else. so why accept it from your allergy pills? flonase relieves your worst symptoms which most pills don't. get all-in-one allergy relief for 24 hours, with flonase.

>> sandra: fox news alert, president trump reportedly telling governors the white house will step in as needed to assist with reopening plans as all 50 states get ready to ease or at least left some coronavirus restrictions by this weekend. good morning everyone, i'm sandra smith. >> ed: a very pleasant good morning, i am ed henry. business is getting a green light just-in-time for memorial day weekend. massachusetts and connecticut beginning phase one of their plan, the final two states to open back up. president trump touting doc cooperation with the state saying the process is moving quickly things to increase testing. >> president trump: we've made a lot of governorsoo