it. [o it. >> oh! >> what a way to end the show, guys. got to go. see you. brian: all right. let's go to this to a fox news alert. get this. michael flynn's attorney files emergency appeal to get the judge overseeing the case ticked kicked out. booted. ainsley: comes as declassified email from susan rice the one that see sent to herself raises new questions about what the obama administration was up to, steve. steve: that's right, aptionly. griff jenkins is live in our nation's capital. right now washington, d.c. up in the bureau. griff, it is unusual that a person would send themselves an email on the last day of the job so what exactly was she up to and what exactly does michael flynn's attorney want. griff: this is very interesting.

a lot to unpack. good morning. let's start with sidney powell turning to the d.c. circuit of appeals seeking the immediate removal of judge emmet sullivan and demanding he or his replacement dismiss the case saying sullivan has no basis to continue prosecuting flynn. >> the law is clear. he doesn't have authority to grant it. he can't appoint a prosecutor himself. the case is over. and his bias is so egregious he should be removed from the case. griff: as it stands until the federal appeals court responds he has set oral arguments for july. as you mentioned acting dni ric grenell acketting at the request of senator ron johnson more of that rice email that was already declassified. but this newly released portion, which had been marked top screeght describes jim comey cautions president obama on passing information to michael flynn. here is what rice wrote. comey said he does have some concerns that incoming is

frequently frequently with russian ambassador kislyak. comey said that could be an issue as it relates to sharing sensitive information. president obama asked if comey was saying that the nsc should not pass sensitive information related to russia to flynn. rice says comey replied quote potentially. president trump yesterday had this reaction. >> what they have done to general flynn should never happen. what they have done to the presidency and what they have done to this country can never be allowed to happen again to our country. griff: now representative for rice issuing this statement saying: ambassador rice did not alter the way she briefed michael flynn on russia as a result of director comey's response. now, this all comes, guys, as there are more requests for unmasking names coming from senate judiciary committee chairman lindsey graham as it pertains to trump campaign officials. so there is more to this story. steve, ainsley, brian?

brian: thanks, griff. also, too it's important. casey mcfarland who was for a while the deputy to michael flynn until she was tripped up as well. she says looking back at the briefings that she got from the obama administration, they brought up north korea, they brought up china. they brought up isis but they never brought up russia. so maybe that potential problem that they thought that michael flynn had with russia played in to how they were briefed which is fundamentally bad for other national security. the problem susan rice has with the truth really rang true over the 8 years she was in the obama administration. and it seems to have shown itself in the last month with the obama administration. for example, now that we see this email, we know that she did discuss russia, michael flynn and security issues on transition. but when asked about it in 2017, she said this on pbs. >> we have been following a disclosure by the chairman of the house intelligence committee devin nunes that in essence

during the final days of the obama administration, during the transition after president trump had been elected, that he and the people around him may have been caught up in surveillance of foreign individuals and that their identities may have been disclosed. do you know anything about this? >> i know nothing about this. brian: right. ironically today she is calling out in an editorial donald trump on blaming china as if they -- the president is making up blaming china. but i digress. with susan rice is going to be very interesting. because now there is calls for more information from the director of national intelligence the acting director ric grenell to release more people, more information about who was unmasked on those last few weeks. this thing is going to get a lot bigger. and, again, susan rice wants to be the running mate for joe biden. good luck, joe. ainsley: let's break it down in

layman's terms that interview with woodruff on pbs was in april of 2017. she sent the letter to herself a few months before that, the email to herself at the end of january on inauguration day talking about that oval office meeting that happened at the beginning of january on the 5th. she said in that interview months later in april i don't know anything about them trying to surveil michael film. so then when you read that email she sent to herself, it says actually i'm hearing the interview is in march. i read an article in april of 2017, either it was in march or it was in april. the point is it was after she wrote that email to herself. so at the beginning of january she said that comey was concerned that flynn was speaking frequently with kislyak and obama as griff said. obama says so, the national security council should not pass along sensitive information about russia to flynn? and k0e78 says potentially. we don't have evidentiary classified evidence. but we are concerned about the level of communication.

that is very unusual. the question is why didn't they want information shared with flynn? is it because they knew he was going into the next administration? is it because he and obama didn't get along when it came to iran? there's information they didn't want flynn to have. maybe it was because they were listening and they were concerned. or is it because they didn't want him to know information that he could potentially share with the next administration? there is so many questions here, steve. steve: you are absolutely right. you know, judy woodruff asked a direct question and susan rice just flat out lied. she was in the oval office along with joe biden among others and they heard them talking about how they were surveilling michael flynn. and the russian ambassador. so she just told a fibaroo no doubt about it. when you read the classified memo she sent herself it's interesting in the second paragraph where the president, she said the president made it

very clear we have got to do everything by the book and circle around to that later. so, in other words, by memorializing what she remembered from that meeting, essentially she was saying we got the instruction from the top down. we had to do this by the book. there are some republicans who are suggesting that when president obama said by the book, he was implying that perhaps law enforcement in that room right there were doing exactly the opposite. meanwhile, a spokesman for rice, we should point out, says that it shows the obama administration handled the flynn situation absolutely appropriately. nonetheless. ainsley: can i one more thing, steve. interesting why she wrote that note on inauguration day. if she wanted why didn't she send notes theoryself after the meeting on january 5th? lots of questions. steve: well, that's a really good point. keep in mind, when we heard her on that tv show say no, i know nothing about that when a person

is on a tv show, being interviewed. you are not under oath. and so you just are going to say what you are going to say, you know. it's just one of those things. we ask questions all the time and are the people telling the truth? you hope so. but maybe not in that case. brian: she wants all the kislyak/flynn documents out. all the transcripts out. i would like to see that, too. all states are officially on the road toward fully reopening in this country. connecticut the final state to ease restrictions. they are allowed to outdoor dine. retailers can get back in business today. those are some major leaps. ainsley: delaware and kentucky also easing restrictions on shopping in their states as new jersey allows in person, car, motorcycle and bike sales to resume. steve: great. ainsley: that's your state, steve. signs executive order blocking red tape for our economic recovery.

listen. >> i'm also instructing agencies to use the emergency authorities to speed up regulation cuts or new rules that will create jobs and prosperity and get rid of unnecessary rules and regulations. steve: meanwhile, relief is also on the way for america's food supply. the president approved a $19 billion package which includes direct payment to farmers who have been so impacted by the coronavirus and before that, of course, they were impacted by the trade war with china. meanwhile in other coronavirus news, you know, of course, we have got those big rescue packages designed to go ahead and help people who are out of work. one of them famously the ppp, the paycheck protection program, you know, there are some very specific rules about who can get that. fringes, if you are a business, you can't have more than 500 employees. but when you look at planned parenthood, apparently,according

to tucker carlson investigation. 37 affiliates of planned parenthood applied for ppp money and received $80 million. and now, of course, because they applied for it and were not entitled to it, the government is asking for them to give it back. brian: overall with all the aid given out 500 billion in aid just for the cares act alone. they have only spent about 37 billion. that's a significant amount even though it's in the millions. tucker carlson has been looking over this him and his staff, herwhere he found out this sba money is going. >> you hear the phrase small business, what comes to mind? here is probably an example that didn't come immediately to mind. planned parenthood. planned parenthood openly boasts about how much of a non-small business they are, in fact. in the 2019 annual report they bragged about performing 345,000 abortions.

in exchange taking in $1.6 billion in revenue. you think that would be enough to support their affiliated abortion clinics through the a crisis like this. no. planned parenthood turns to taxpayers for a bailout. they got that money even though planned parenthood federation of america, the national headquarters has close to 700 employees just by itself. they shouldn't be eligible. this is a scam. ainsley: you know money equals greed oftentimes. and when you have a family that just opened a restaurant and they need to pay their employees to stay open to put food on the table for themselves and other people and then you hear these big corporations are taking millions of dollars when they're getting lots of money already, and to me, it is just -- this is not a time to take. this is a time for all of us to do our part and give back to other people who really are hurting. you know, pharmaceutical sales reps who can't go in and perform

their operations in the hospital because the hospital beds are full of covid. how are those reps or how are those districters going to pay for all those reps. they are not doing surgeries anymore and they need to feed their families. restaurants. the list goes on and on. i was happy to hear cvs is returning 43 million of their money. many companies doing that big corporations gotten toes of money and little guys who don't have any money in the bank to be able to feed their employees, they need to give it back. they just need to do the right thing. this is senator marco rubio from the great state of florida says those funds must be returned immediately. furthermore the sba should open an investigation into how these loans were made in clear violation of the applicable affiliation rules. and if planned parenthood, the banks or staff at the sba knowingly violated the law, all appropriate legal options should be pursued. we are going to have senator marco rubio coming up in the

8:00 hour and he will react to this. steve: absolutely. james lankford from the great state of oklahoma said every dollar that planned parenthood took was some paycheck protection program money that a legitimate business did not get. they didn't get it because 08 million went to planned parenthood. ainsley: i know. steve: it will be interesting to see how much they do return because the way it's laid out very clear got more than 500 employees can't do it. they clearly do. more on that this morning. meanwhile 6:13 in the east and jillian joins us from our world headquarters on this wednesday morning. jillian? jillian: that's right. good morning. we begin with a fox news alert. a state of emergency klee layered overnight after two dams collapse in central michigan. look at this video. around 10,000 people ordered to evacuate immediately in midland county. the city of midland could soon be under 9 feet of water. the dams giving way after days of heavy rain.

governor whitmer calling in the national guard for help. >> this is unlike anything we have ever seen before. this truly is a historic event that is playing out in the midst of another historic event. jillian: shelters now open across the impacted area. people will be screamed for covid-19 to prevent the spread. joe biden winning oregon's mail-in only primary overnight. biden gaining 43 delegates. he is about 500 delegates shy of clinching the democratic nomination. of the comes as he vets potential running meats. gretchen whitmer says she has talked with the biden campaign. new mexico governor michelle lujan grisham also be vetted. among the dozen women rumored to be under consideration. a warning for gavin newsom. the doj writing a scathing letter over the state's restrictions on religious gatherings. it says, in part, quote: simply put, there is no pandemic exception to the u.s. constitution and its bill of

rights. laws that do not treat religious activities equally with comparable nonreligious activities are subject to heightened scrutiny under the free exercise clause of the first amendment. the governor accused of allowing restaurants, malls and other businesses to open more broadly than houses of worship. and get used to seeing this. doesn't that look strange? tom brady wearing an orange jersey during a workout with new bucs teammates in tampa. the nfl says the workout is okay as long as they follow local rules regarding the virus. the league is letting teams reopen practice facilities but players still aren't allowed in for now. that's a look at your headlines. send it back to you. brian: they will remember that for a while. hey, jillian. thank you. meanwhile, coming up next, the fight for michael film heating up amid a new push to get the judge kicked off the case. alabama attorney general steve marshall is one of 5 a.g.s

across the country that says they are appalled by the judge's behavior. he joins us live next. when you're confident in your gut, 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 story where the 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. yeah, this is your i geh. common bird.e. ooh look! over here! something much better. there it is. peacock, included with xfinity x1. remarkable. fascinating. -very. it streams tons of your favorite shows and movies, plus the latest in sports news and... huh - run! the newest streaming app has landed on xfinity x1. now that's... simple. easy. awesome. xfinity x1 just got even better with peacock premium included at no additional cost. no strings attached. just say "peacock" into your voice remote to start watching today.

♪ >> the law is clear. he doesn't have authority to grant it. he can't appoint a prosecutor himself. the case is over. and his bias is so egregious he should be removed from the case brian: that is what she is pushing the lawyer for michael flynn filing a motion to get emmet sullivan booted off the case and force dismissal the charges which the doj requested. here is alabama steve marshall one of the 15 ag to get michael

flynn's case dropped. why did you want to be part of this? >> thank you for having me here today. i have fb i have been a prosecutor for 15 years. to see what the prosecutor is doing attempting to do justice by dismissing this case speaks to the very core of what it is that i do along with my colleagues. brian: so, how do you feel about sidney powell's move mandamus brief that she has filed essentially saying that this judge is biased and he hired a retired judge that's a trump hater to oversee a case that should not be in court anyway. in fact, here is what she said about sullivan. what sullivan said about michael flynn the last time they were in court together, he said. this. i can't hide my disgust. differs deign for criminal defense. not only did you lie to the fbi. you lied to senior officials in the incoming administration. arguably you sold out your country out. now, he would later apologize but what does that say legally

what he should be doing with this case? >> i think it speaks volume to a judge who is out of control. i commend general flynn's counsel filing writ of man dame news with the court of appeals. an effort to strike back at district judge who needs to follow his responsibilities. that is to dismiss this untenable case at the "of the prosecution who is attempting to do justice here. brian: in outlining her case sidney powell also pointed out too when they brought up to the judge you know when the fbi talked to michael flynn they wrote up a summary weeks later in a 302 we can't find it. the judge goes well, those things happen. between the retired judge that hates trump to oversee the case, between his obviously thinking he sold the country out and his nondescript ways of saying the 302s are lost, have you got to toss this guy off the case. legally, will he get tossed? >> don't know that he will.

the important thing is for the judge to do what the law requires him to do. that is on the basis of the motion by the doj in this case is to be able to dismiss the case against general flynn. it's due. it's warranted and it's what justice requires. brian: who corralled you steve real quick. >> this is led by general yost in ohio and several of us who obviously spent most of our careers attempting to do exactly what tim shay is doing in this case and that's do justice. i feel very strongly this case needs to be dismissed. brian: all right. steve, thanks for getting up with us. steve marshall, attorney general of alabama. appreciate it. >> thank you. brian: we will see if it happens. meanwhile, let's move ahead. backlash continues as new jersey businesses demand the governor unlock the state so they can get back to work and make a livings. three business owners leading the charge. their story is next.

you know what's good about this? your sign's pointing at my sign, so people are gonna look at my sign. switch to progressive and you can save hundreds. you know, like the sign says.

ainsley: we are back with a fox news alert. breaking right now an air force stealth fighter jet crashes overnight on florida's panhandle. the f-35 crashed during landing at eglin air force base after a routine training mission. the pilot did eject from the jet and was rushed to a nearby hospital. the pilot said to be in stable condition. it's the second crash in four days near the base, steve.

steve: all right. ainsley, thank you. meanwhile as the state of new jersey slowly starts to reopen in some parts, small businesses across the state say the process is not going fast enough for them. they are launching the unlock new jersey petition and it's already received over 1500 signatures. i have got a feeling by the end of this segment that number is going to be much bigger than that here with more are three new jersey business owners who are involved. joe falco, laura alli and justice. good morning to awful you. >> good morning. >> good morning. >> good morning. thanks for having us. good to be here. steve: start with you, i understand this whole thing got started when some of the businesses you work with reached out to you and said, you know, we are all in the same boat. let's organize. and that's where unlock new jersey came from, right? explain the story. >> that's absolutely what happened. at first the business owners were saying what is going on? what are we going to do?

should we have an inperson rally? is anybody out there to help? what we decided to do was let's take the first step and make it a virtual business round table. we had such a great success. we had over 30 business owners from all over morris county join us. from there the conservations just started. the ideas just started getting churensd and then we had another meeting with more people. and it just took off from there. and now we are at a place where we have almost 2,000 signatures on our reopening plan so we are really thrilled. steve: that's great. now, joe, you know, it wasn't but a week or two ago was mother's day weekend. you are in the relevantry business. because you were closed that really took a hit, didn't you? >> that was a saber to the heart. and that was very, very difficult. we did a little bit of business online and we delivered things. but this whole completely shuttering small business is the

greatest boondoggle in american business history. all these big box stores. online. bepeople methodbehemoths are op. some of them are selling jewelry and other goods. we are ordered closed. my father started it after world war ii. almost 75 years. my father said only one nation in the history of man kind fought two wars half of the size of the earth and we won them both. well, we are fighting the covid war and we are fighting a business war. and americans we can win them both. steve: all of you feel that the way the rules are written right now, the regulations in new jersey where the big box stores are free to open as long as people try to social distance although, you know, i have been at them and people are not social distancing. but for small businesses, nonessential businesses like what you operate, they say, you know, you are will be able to do shush sidcurbside pickup doesn'r

a lot of people and joe you know that it's hard to pick out a set of earrings from the curb because the earrings are back in the case. now, justin, you have a full service salon. you've got hair, massage, nails, you've got a plan for opening safe live if the governor listening right now because you will probably be the last of all the businesses to reopen, according to this plan, tell the governor what your plan is. >> well, steve, although we have been closed for many, many days now, we have been working very, very hard on creating new ideas and we are ready to operate. i would love to invite the governor here and have him be the first client and show them that the hair and salon spa industry is the most responsible industry out there. we have a license to touch people given to us by the state of new jersey. i will have them come, in contactless check-ins.

contactless checkouts. we will show we use the highest grade sanitation epa register cleaning solutions. we have thought of every idea. we will be wearing protective gear and we'll make sure that anybody entering receives a wellness check. also receives a mask if they don't have one themselves. we have thought of every little detail and i would love to invite them here or share our plan with him. sat loan and spa industry is a caring, loving industry. and a very, very responsible industry. and what i think people need to remember most is that not only do we make people feel beautiful on the outside but we make them feel beautiful and give them hope on the side as well. more than ever i feel we are going to be part of the healing process. we can operate so responsibly. i would love to show him the stepping that we're taking to do so. steve: that's right. and you made such a good point. everybody who works for you is licensed by the state of new jersey. so the state of new jersey is already invested and has said in the past you are a safe

operator. so i get that let's hope the governor takes you up on this. now, laura, you know, this is catching on because it's not emotional it's actually rationale what you are talking about. >> it's absolutel rationale. our plan is a very measured approach it. calls for opening up now but it calls so in a very safe way in w. a very specific timeline. these businesses don't have much more time to waste. who knows, it will probably be years before we know the real data and the tolls on economic devastation and we need to get the businesses open up right away and we think our plan allows that to happen. steve: joe, you know, this is a family business. you have got so much on the line. unless the governor allows you to reopen safely and responsibly. who knows how much longer you are going to be able to, you know, even keep your stuff in the store before you lose everything. >> you know, our items, too, are

extremely high end and, you know, very very expensive. we can't do curbside. spoke with the insurance agency that insuring all the gem wholesalers in the country. we are not even allowed to bring things out to the curb. it's an insurance problem. peggy nunes in the "wall street journal" over the weekend said this has caused a class struggle. getting paid across the country not just new jersey. all the government people, i don't know if there is any furloughs. i don't know if the governor or anyone else across the country has said i'm going to take a 20% hit. 50%. or i'm going to, you know, have an abeyance of my salary. only people that are really, really hurt working class family businesses. i have a wife who is a young lady but she has a heart concern. i'm not going to do anything

that's going to bring covid-19 or any -- you know, anything else. joey's business is an ultra sterile business just by its nature. guess what? all the jewelry is under glass. steve: good point. >> we have acquired two hospital surgical room grade ultraviolet light units. they are very expensive. they are $1,600 apiece. so,. steve: so no doubt about it. you are ready and prepared to do it all very safely. justin, final word, for the people who are watching like to sign the petition to unlock new jersey, i know you are suggesting that they send the governor actual keys or virtual keys. where do they go to sign the petition? >> yeah. you can go to unlock new jersey and sign the petition on any of our websites that the people that are on today.

it's really really simple. go on sign the petition. send the governor a little message. asking for a reasonable and responsible way to implement just like our neighboring states have done so. and we're ready to goat gte to work. steve: all right joe and justin and laura. thank you all for joining us. good luck to all your businesses. >> thank you for having us. >> thank you for having us. >> thank you. steve: all right. you bet. let's see what the governor does. let's see if the governor does unlock new jersey. meanwhile 24 minutes before the top of the hour. let the vp stakes begin. michigan governor whitmer says she is in talks with the biden campaign. what does lawrence jones think of a biden/whitmer ticket? he is up next. >> this is the moment when america comes together. >> there are so many uplifting stories, people helping each other. people looking out for each other. >> america's best shine brightest when needed the most.

>> spirit of generosity has been enormous. [sirens] >> took an oath to be here for the public so we are not going anywhere. >> we are resilient. thanks to her citizens, america we know will come out even stronger than ever before. ♪ ♪ did you know prilosec otc can stop frequent heartburn

before it begins? heartburn happens when stomach acid refluxes into the esophagus. prilosec otc uses a unique delayed-release formula that helps it pass through the tough stomach acid. it then works to turn down acid production,

blocking heartburn at the source. with just one pill a day, you get 24-hour heartburn protection. prilosec otc. one pill a day, 24 hours, zero heartburn.

with td ameritrade tools, and help from pros. it's almost like you're training me to become an even smarter, stronger investor. exactly. ♪(rocky theme music) fifty-six straight, come on! that's it, left trade right trade. come on another trade, i want to see it! more! ♪ 80s-style training montage? yeah. happens all the time. ♪ 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.

>> every time i talk to you i'm obligated to ask about the vice presidential search. how is the vetting process going so far? you being vetted by mr. biden? >> you know, i have had a conversation with some folks. but just an opening conversation. it's not something that i would call professional, you know, formalized vetting. i am making a little bit of time to stay connected to the campaign but, you know, the most important thing that i have to do right now is be the governor of my home state. ainsley: all right. let's bring in lawrence jones

fox news contributor and fox nation host to react to this. good morning, lawrence. >> good morning. ainsley: so the veepstakes heating up here. he put on twitter that he chose his vice president mike pence. we have a month and a half, something like that that's pretty traditional for them to announce. that was the governor of michigan. gretchen whitmer. what do you think about her being a possibility or stacey abrams. definitely going to be a woman as we know. what do you think? >> yeah. i keep telling people in general most cases the vp spot really doesn't matter. people want a strong commander-in-chief at the end of the day. but, what concerns most people with biden is his age and what it may appear to be his fitness for office. it is a clear different joe biden from the obama days to now. and so people both independents and hard core progressives want someone that can potentially be the president. so, when you look at the

governor of michigan, one of the problems that she has is what her handling of this coronavirus epidemic and a lot of people are upset, especially the businesses back home in michigan. and so i don't understand how that would help him, but, you know, have you got the stacey abrams and although she hasn't really won a national office or a statewide race, a lot of black voters want to see her on the ticket and, as you know, ainsley they feel responsible for the victory of joe biden. he was on the ropes. there was a tko in the midst. and because of jim clyburn and black voters they were able to resurge his campaign. there is a lot of black voters that feel like there should be a black female on the ticket. also progressive voters want someone. ainsley: remember, she was the underdog in georgia. and maybe they say you know they think she lost unfairly and they want to see her become the vice

president. >> right there. is a lot of people that feel that although there is no evidence to shrug that i think at the end of the day a lot of progressive voters want a peace offering. they want someone to be on that ticket to hold the president accountable if he is president to those progressive values because joe biden doesn't have a progressive record. and they think that stacey abrams will be that person to be that barometer for him. steve: right. because, when you look at if it's just joe biden, you know, and his traditional record, and he has been part of establishment d.c. for decades, lawrence. you know, how are they going to get the bernie sanders really motivated voter to show up the first tuesday in november if it's joe biden and somebody like joe biden? >> yeah. it's going to be a difficult thing. honestly there as not much as bad blood as there was when hillary clinton ran. but, there's a lot of progressive voters that feel like the nomination was stolen from them that the party

establishment -- i'm not talking about back door deals. what i'm talking about is that they feel like all the establishment got together and obama allies behind the scenes kind of forced the other candidates out so they could have a potential cabinet pick or vp pick and they don't like that. they feel like this is once again their voice wasn't heard which is why you see bernie sanders having a lot of influence when it comes to the party platform and some of these smaller committees. that's not going to be enough for his voters. even though bernie sanders might be trying to unite, his supporters have a mind of their own. brian: look at african-american politicians val demings somebody with law enforcement background. other people bringing in elizabeth warren as she kind of auditioned yesterday trying to land blows on steve mnuchin. lawrence, always great to see you. make sure to catch up with you on fox nation on your series. appreciate it. >> i appreciate it, guys.

ainsley: thank you. brian: meanwhile, let's go to jillian. jillian, what do you have for us? jillian: good morning, we begin with this. new jersey police arresting a member of the gym violating covid-19 restrictions. controversy escalating over atilis gym which reopened for a second day defying state orders. the gym's owners and protesters were given citations but they say they will not back down. >> we will be filing the proper paperwork to fight back against it. this is about small business. this is about constitutional rights. >> i'm not a criminal. i'm a mother of two children who i want to grow up in the united states of america with freedom the way i grew up. >> the arrested gym members facing obstruction of justice charges. jane roe from the landmark roe vs. wade ruling claims she was paid to support the pro-life movement. new documentary filmed before her death. >> a lot of people are shocked i never had an abortion.

>> this is my death bed confession. >> norma mccomey was the plaintiff in the supreme court ruling legalizing abortion. she later came out as pro-life. in the documentary airing on fx friday. mccorbin received $450,000 in gifts abortion group to change her stance. just short of a miracle. that's what some are calling make an emergency landing on a highway. watch. and you can see the yellow aircraft dropping between cars on a missouri interstate. it was only in the air for three minutes when the engine failed. the pilot tried to return to the airport but quickly realized he couldn't make it. traffic was backed up for hours while the plane was being removed. thankfully no one was hurt. luckily no one was hurt. ainsley: not something you see every day that truck pulling a plane. thank you, jillian. turn it over to j.d. for a weather alert. janice: flooding is a big concern reports of dams breaking

in michigan. record-setting rainfall in chicago. now we focus on the mid-atlantic. we have something called a cut-off low that means an area of low pressure that's not moving. it's stalled out. bringing in all of this moisture from the atlantic and the gulf of mexico. flash flooding is going to be a concern. we could see one one yards of 6 to 12 inches of rainfall over some of these areas in the next day or so. so a huge concern for the western carolinas up towards virginia where flooding is going to be imminent and people need to know what to do if there is a flash flood watch or warning in your area. steve, ainsley, brian, back to you. steve: all right. keeping annual eye on the sky this wednesday. j.d., thank you. meanwhile president trump doubling down on his defense for taking hydroxychloroquine amid a backlash from the media. dr. nicole saphier is on deck to set the record straight on the treatment coming up next.

vo: we are ready to serve on the front lines...

to fight an invisible enemy with courage and compassion... to comfort and to care, to hope, to press on, 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.

ainsley: president trump doubling down on his defense of using hydroxychloroquine as a prevent 3r50e67b9 preventative measure. >> hydroxychloroquine is used by

thousand ands and thousands much front line workers. lots of nurses and doctors are taking it. guy to the doctor, i have a doctor in the white house. what do you think? it's a line of defense. i'm dealing with a lot of the people. you know i'm the president and i'm dealing with at love people. ainsley: here to weigh in fox news medical contributor and author of "make america healthy again" dr. nicole sapphire. >> good morning. >> what's your reaction to everyone making his drug choices based on a doctor's recommendation political? >> ainsley, of course, when people politicize anything that has to do with healthcare or medical in general inif you areiating to me. bottom line is no conclusions can be drawn on the risk-benefit profile when it comes to utilizing hydroxychloroquine for the treatment of covid-19. that's largely because we don't have the data. we don't know. albeit yes there is data. very limited. very flawed suggesting that it doesn't work in severe cases, those that are already

hospitalized and severely ill. that's not very surprising to me. there is also data and also albeit limited showing it actually may be working in more mild to moderate cases even in prove plax sis. multiple countries, turkey and india, for example, reporting that they have been using prove prophylactic and less deaths per million population. study coming out of south korea. south korea everybody toting good response to covid-19. they just published data showing they had significant reduction in the time for viral clearance as well as hospitalization for the group that actually took hydroxychloroquine with a drug combination that was actually one of the more legitimate studies. letters have been written to ledgeledges legislators 3,000 he been treated safely with hydroxychloroquine with only 63 deaths. 52 of those deaths of the 63 actually came out of that one va

with the most severely i would patients. we know was a flawed study that came out of that bottom line, ainsley, although we do have growing evidence that maybe early on in the illness, mild symptoms. prophylaxis hydroxychloroquine may be effective. wee still don't know. 60 million americans take hydroxychloroquine every year there are risks to it. that is what some of the general public is concerned with. at the end of the day, the choices between a doctor and patient to weigh the risk versus potential benefit. and that is a decision that should be made in the doctor's office between a physician and a patient. and the good news is, this medication, hydroxychloroquine, the combination with zinc, that requires a prescription. therefore, there is doctor monitoring. ainsley: all right. what does it do to the future of drugs when politics gets involved, dr. saphier? >> well, unfortunately, you know, you do need legislators to get involved when it comes to drug manufacturing as we are

seeing right now we had short supplies for many things because of our depend dense on other countries. we do need legislators to negotiate with other countries to make sure we have what we need. bottom line it always restricts things and gets in the way. right now seeing that with hydroxychloroquine. to be honest, the studies aren't showing hydroxychloroquine alone works for covid-19. it's actually a combination of various things maybe with an anti biotic maybe with zinc. important whoever is actually prescribing this actually studies up on it and learns what the potential benefits are the bottom line is when legislators and government gets involves it restricts the way of doctor patient relationship. ainsley: sorry. we are going to black. brett tollman coming up soon. safe drivers do save 40%. click or call for a quote today.

safe drivtenergy 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 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. will it be familiar streets? or perhaps unknown roads? wherever you may go, lexus will welcome you back with exceptional offers.

find a lexus for every road at lexus.com. no payments for up to 90 days on all 2020 lexus models. experience amazing at your lexus dealer.

confident financial plans, calming financial plans, complete financial plans. they're all possible with a cfp® professional. find yours at letsmakeaplan.org. >> it is 7:00 in the east may 20th, michael flynn's attorneys have filed an emergency appeal to get the judge overseeing his case booted. brian: it comes as a declassified email from susan rice raises new questions about what the obama administration was up to. ainsley: griff jenkins is live in washington. griff, what exactly does michael flynn's attorney want? griff: well, ainsley, brian, steve, good morning will flynn's attorney sidney powell has filed a writ of man dame news in the circuit in d.c. that's what they do when there is a full decision

to appeal. sidney powell is asking this court to grant the government's motion to dismiss the case and seeking his immediate re345068 saying he has lost hi objectiviy and can no longer continue. >> the law is clear he doesn't have authority to grant it. he can't appoint a prosecutor himself. the case is over and his bias is so egregious he should be removed from the case. >> as it stands there is no timetable for the appeals court to act. we could see a briefing schedule, public hearings. it comes as judge sullivan has set oral arguments for july 16th in his court. meanwhile more of the rice email from inauguration day that was already declassified has newly released portions describing then fbi director james comey cautioning president obama on passing critical information to then incoming national security advisor michael film. rice wrote. this. comey said he does have some concerns that incoming nsa flynn is speaking frequently with russian ambassador kislyak. comey said that could be an issue as it relates to sharing

sensitive information. president obama asked if comey was saying that the nsc should not pass sensitive information related to russia to flynn. rice says, comey replied, quote potentially. now a rep for rice issuing a statement saying ambassador rice did not alter the way she briefed michael flynn or russia as a a result of director comey's response. but this latest move to declassify is one by acting dni ric grenell who is applying to requests from senator ron johnson he is rejecting the notion that this is in any way political. >> that's what they're shooting for. information that is not politicized by politicians in any way on any side of the i'll. griff: more requests have been made from senate judiciary committee chairman lindsey graham for the names of officials who unmask other individuals associated with the trump campaign. we will have to wait and see where that goes. brian, ainsley, steve?

steve: all right. griff, thank you very much. let's bring in brett tollman former federal prosecutor and former counsel for the senate judiciary committee. he joins us from you it all. bret, good morning to you. let's talk a little bit about what griff was just regarding and that is the susan rice email. do you think it's interesting because there are no recordings from the oval office -- january 5th meeting where they have got all the intel chiefs and joe biden is there. do you think it's interesting the second paragraph of this rice email it says president obama said handle this by the book. and then james comey said we are going to handle it by the book. do you feel that this email is her way of memorializing that this administration did everything by the book regarding that? >> just ignoring the fact that it sounds so entirely contrived and let's look at the substance of it. keep in i understand moo, no

other media really is reporting on this as being any big deal. so, a meeting that occurs in the oval office in which one participant is so thunder struck by what is discussed that she can't remember or recall what's happening or any of the discussion in the meeting and another attendee actually goes back and writes an email to herself labeling it top secret and emailing it presumably to her personal email outlining what transpired in the meeting. this is exactly what we feared was going on and that was a retrospective attempt to try to justify what was going on. it's actually frightening that there were people in this meeting that were fashioning a way in which they might criticize and eventually spy on incoming administration. brian: it is. so we have something else that's in there interesting.

it says basically, you know, i will paraphrase: is there a reason to withhold bed russia about michael flynn because they had seven phone calls that they unmasked michael flynn talking to kislyak and comey comes back and says potentially. then i'm looking back last night k.t. mcfarland his deputy we were briefed by the obama administration. they brought up north korea. they brought up iran. they never brought up -- they never brought up the russia situation. and michael flynn himself just tweeted 20 minutes ago and it's him, i believe his script it. says afraid exclamation point and it looks like to be his writing. he tweeted this out 20 minutes ago. bret, put the pieces together. >> well, comey outlines that first of all no indication that any documents have been transferred from flynn to

kislyak. what you might be classified cod about classified documents they have eliminated is a problem. the only thing that's raised in that description is that there were calls, frequent calls. well, i'm here to tell that you is his job. within days the incoming administration is going to be dealing with this ambassador and specifically the incoming national security advisor who, by the way, is on the job at that point. and the fact that they are looking at a at a to prevent him gaining the information about the existence of their investigation, here's what i think is really going on. i think this is an instance in which those, that were trying to catch the incoming administration doing something wrong were afraid of being caught. so they were hiding the fact that they were doing anything in relation to flynn and the discussions with the ambassador.

it's pretty damning that this is actually. brian: i agree. i agree. >> this is not an email to exonerate the obama administration. it actually condemns them in terms of what they were doing. ainsley: basically an email saying she knew about what was happening, the conversations between michael flynn and kislyak. but then a few months later when she is interviewed on pbs she denies that she knew anything about it. all right. let's move on to california because the doj is saying that what the governor is doing there, gavin newsom is unconstitutional by singling out religion. religion is in the last phase except for like movie theaters and nail salons and they are saying that's unconstitutional. this is a letter they sent to newsroom. simply put there is no pandemic exception to the u.s. constitution and its bill of rights. laws that could not treat religious activities equally with come payroll nonreligious activities are subject to heightened scrutiny under the free exercise clause of the first amendment. you know the law like the back

of your hand, what do you say? >> it's absolutely unconstitutional. and the doj and attorney general barr. they are right for calling it out. california is not the only one. de blasio and cuomo right now the recent actions against the jewish community, for example are activities that should be scrutinized and actions should be brought in any state that's attempting to infringe. the cdc put out guidance on how to get back to opening the country. they don't include anything with respect to churches or religion. it's a problem. the country needs to remember that's what the foundation of this country is. and that's the first amendment. steve: right. bret, as we look at the government response to this pandemic, you know, it's been very clear from the get-go, there are essential and there are nonessential businesses. and the essential businesses have never closed. however, the nonessential

businesses are slowly reopening but the government was able to carve out if you are a big box store, you are an essential business. you can open. so when you look at like what was happening earlier this week in new jersey where i am right now, and that gym owner opened up the gym in defiance of governor murphy's order, and for two days in a row now he has been cited by the police at the direction of the authorities there. ultimately his attorney feels he is going to win because the state is violating his constitutional rights. fast forward to when this finally goes to court, what happens? >> well, i do think he will win. there's no exception in terms of the rights that are granted. you can implement emergency responses. but, we're far from that. you have equal protection problems. you have states that have opened

with considerably more leeway and opportunity than other states. that's an equal protection problem. the constitution is something that applies equally to everyone. so i would love to see these cases pop up all over the country. we are starting to see the true nature of what some leaders in this country will do when they have unfettered power. brian: no question. it's just not fair. and the thing is instead of just saying i know i'm right. they are watching their lives and businesses go up in smoke. look at what is happening in georgia. overall cases are down since may 1st since they defied everybody and opened up. florida going well. emblematic of the way to do it not only during the pandemic when everything shut down but how to open up. and more and more pressure, i hope, is on the other states to give other people a chance to work their way out of this, bret. do you think this excess of some states will bolster the cases for the small businessman and woman who are trying to stand up

their business? >> yes. i mean, it's a problem for the states like michigan and other states that are implementing, you know, just horrible regulation and policies on this that other states are taking a different approach to it and why it's a problem is because it doesn't back up what they are trying to justify as some of the harsh action and government overreach. and so that's where they are going to lose and, brian, you highlighted exactly why they are going to lose. and that is because of the distinction from those states that are doing it a different way and having success. ainsley: all right, bret. thank you so much for joining us. >> thank you. ainsley: you are welcome. let's hand it over to jillian she is back in the studio and she has headlines for us. jillian: we begin with a fox news alert. safety emergency declared overnight after two dams collapse in central michigan. around 10,000 people ordered to evacuated immediately in midland county. the governor warning the stiff

midland could soon be under 9 feet of water. the dams giving way after days of heavy rain. governor gretchen whitmer calling in the national guard for help. >> this is unlike anything we have ever seen before. this truly is a historic event that is playing out in the midst of another historic event. jillian: we will have a live report from midland later this hour. also breaking overnight, an air force stealth fighter jet crashes near a base in the florida panhandle. the f-35 going down while landing at eglin air force base after a routine training mission. the pilot ejected from the jet and rushed to a nearby hospital. they are in stable condition. second crash in four days near the base. starting today all 50 states are officially on the road to fully reopening. connecticut is the final state to ease restrictions. outdoor dining and retailers can get back in business today. delaware and kentucky also easing restrictions on shopping

in their states as new jersey allows in person car, motorcycle and bike sales to resume. an unlikely guest stealing the show during covid-19 update in st. petersburg, florida. watch. this we're fortunate to have this oasis here in the city, and we are excited to welcome you back. the flamingos, the parrots, they are excited, too. jillian: peeker the parrot seeming very excited the colorful bird shaking its head and grooming feathers behind the mayor. given from the historic gardens where beaker lives. seems rather happy. send it back to you guys. steve: at least he didn't start talking as some do. all right. jillian, thank you very much. it is 7:14 here in the east. meanwhile straight ahead, president trump sending a 1 billion-dollar lifeline to america's farmers impacted by the pandemic. our next guest was at the event

and says president trump keeps on delivering. an explanation from him coming up next.

these are extraordinary times, and we want to thank 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."

♪ ♪ >> my administration is launching a sweeping new initiative, the coronavirus food assistance program through this effort we are providing $19 billion to support our nation's agricultural you remind under the circumstances the american farmer is the backbone of our country. it's an honor to do it actually. it's an honor. they are great people. steve: there you have got the president of the united states standing up for america's farmer announcing a $19 billion assistance program with $16 billion going in direct payments to the farmers. here to react third generation

farmer duval. he is the president of the american farm bureau federation. he was at the white house yesterday. zippy, good morning to you. >> good morning, steve. steve: it's good to have you. before we get into the program and the relief that it is heading your way. explain to the folks who are not in the farming part of the united states how much, you know, the trade war with china and the global glut on commodities has lowered the amount of money that farmers have made for a number of years across the country? >> yeah. you know, steve, our country has before the pandemic had experienced a great, great economic boom. but agriculture was not part of that economic boon. since 2012 2013 our farm income has been down 50%. we have had unbelievable natural disasters across the country whether it be too much rain, hurricanes, even fires out in

california. and then, of course, the trade war and china targeted agriculture and was hitting us hard and deflated our prices even more. and then on top of all of that the pandemic comes along and we have seen anywhere from 20 to 40% decreases in the price that our farmers receive on the farm for their commodity. it's been what we call the perfect storm that agriculture has been going through. steve: so it is good news that the federal government using some of the money from the cares act is going to start districting something like $19 billion. tell us how farmers who are watching right now will be able to starts applying for the money and we understand that some individuals will be able to get up to $250,000. be able to apply next week. how do you apply, zippy? >> yeah. they will be able to go online or call their local fsa office

do it either on the phone or i understand they can do it online. with the social distancing and the government agencies not being able to meet person to person that's the way it will be done over the phone and online. steve: yeah. i grew up in the heartland in kansas in a farming community. and you know, a lot of people don't realize who live in cities that farmers have so much debt. a tractor is a very large amount of money or a combine to buy the land or to lease the land. farmers, i don't think i knew any farmers who actually owned everything free and clear. they always had a relationship with the bank. and the bank was always there as a partner. given the pandemic and everything else that's going on right now, zippy, how many farmers do you think are that close right now to having to declare bankruptcy? >> well, we have seen increase of bankruptcies go up 23% over

the last 12 months. so that just gives you an indication that things financially are really really bad out in agriculture. you are exactly right. tractors 250 to $500,000. combines and pickers 500,000 to a million dollars. land costing $10,000 an acre. and then on top of that the farmer has to go to the bank just about every spring and borrow operating money could be in the millions and put it in the ground and pray to god it's going to rain on it. it is a risky business. but we do it for american people. it's our way of life and it is important to our country for us to be self-sufficient when it comes to feeding ourselves. if we were dependent on other countries to feed us, we would be in a bad position right now. and right now this pandemic has made americans understand that the food chain and farmers and food is very important to us because they change the way they purchased food from buying it at

food services about 50% of it now buying everything in the grocery store and that's why you have seen some vacant shelves. it's not because there is not enough food. it's been such a demand at one point at grocery stores and there has been some heroic people that's worked really hard to make sure they grew it and processed it and got it to the people and it has adjusted amazingly fast. if you want to meet some of those farmers that some of this money is going to, go to #still farming because we want to assure the american people our farmers are still out there working every day to make sure that america is fed. steve: that is so well put because the only way we can stay at home and have been able to stay at home, zippy, is because the food chain has continued and that makes not only the first responders, the people who are working in the hospitals, but also the grocery stores and out there on the farm driving their half a million-dollar combine. zippy duval, real pleasure

meeting you. he is the president of the american farm bureau federation. sir, thank you very much. >> thank you, steve. steve: all right. all right. 7:24 here in the east now. nascar driving us back to some normality as more than 6 million fans tuned in to sunday's debut race on fox. and tonight it's round 2 of the cup series in darlington, south carolina. what can we expect? well, fox sports car analyst larry mcreynolds is going to join us next. [tires squealing] t health confie every day. benefiber is a 100% natural prebiotic fiber. good morning mrs. johnson. benefiber. trust your gut. you try to stay ahead of the mess. but scrubbing still takes time. now there's new powerwash dish spray. it's the faster way to clean as you go. just spray, wipe and rinse. it cleans grease five times faster. new dawn powerwash. spray, wipe, rinse.

i remember my dadg 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.

but if you look to the land, it's a whole different story. from farms to backyards, wheels are turning. seeds are being planted. animals are getting fed. and grass is growing. and families are giving their all to the soil because no matter how uncertain things get, the land never stops. so to all those linked to the land, we say thank you. we're here for you because we all run together.

ainsley: we are back with a fox news alert. a safety emergency declared overnight after two dams collapse in central michigan. steve: thousands of residents ordered to evacuate as the governor calls in the national guard to help. brian: robin mur dong from our fox affiliate is live in midland, michigan where the city could soon be under 9 feet of water, robin? that is what our governor is warning us in a couple of hours downtown midland where i am right now could be submerged in 9 feet of water. i will step away to give you a better look at the current situation going on out here. iin the background you see a

green roof. that used to be the farmer's market. that's what residents are telling me where they would hold the farmer's market outer here. obviously the water is continuing to rise and it is rising at a really fast rate. as you guys mentioned, 10,000 people in midland county have been evacuated from their homes after those two dams breach the governor did issue a state of emergency as a result of. this heavy rain caused the continutibbstibz tofail. number of shelters have been set up in area schools to give residents somewhere to go as they can't stay with family or friends right now. take a listen to governor gretchen whitmer on more on this catastrophic flooding. >> this sun like anything we have ever seen before this truly is historic event playing out in the midst of an historic event.

that other historic event that governor whitmer is talking about is the current covid-19 crisis that we are dealing with right now. and that's with s. why she is remind ago lot of people going into those shelters to continue wearing those masks and to continue practice social distancing as much as possible to prevent a second surge for us here. certainly this is a developing situation. the floodwaters are continuing to rise officials will be keeping an eye on it throughout the day. we are live in midland, robin murdock, fox news. ainsley: your state. everyone has to stay home and have to deal with this too and being evacuated. i'm so sorry for the folks who live there. thank you so much, robin. revving up for round 2 drivers return to darlington for the cup series. on fox drew more tha 6.3 million viewers, steve. >> kevin harvick is hoping to

take the checkered flag again tonight,. brian: brian with this kind of pace what are we to expect from the racers. larry mcreynolds joins us now. larry, everything you have seen in your lifetime and discovered in the sport never seen anything like this. third race in a week. what are we going to expect today? i know it's going to be a little shorter, right? >> yeah, it is. probably going to be one of the shortest races we have ever run at a speedway the size of the darlington racetrack. it's going to be roughly 311 miles. the race should last less than 2.5 to 3 hours. yeah, when you look at the races we are doing with nascar, at darlington this week. charlotte next week starting with the coke 600 on sunday. we are racing 1 racing seven ra1 days to make up races we lost during this pandemic. ainsley: so what can we expect to be different? will you have the qualifying

race? sorry we are just dealing with the delay so we have to realize who is going next. sir, what about the qualifying run and what about practice? i know we didn't have that on sunday. will they have that tonight? >> no. we will not have nothing. all of these shows are one day shows and pretty much line them up and how they are going to line them up tonight is somewhat from the finishing order from sunday's race although they are going to invert the top 20. in other words, kevin harvick that won the race is going to start in the middle of the pack in 20th. no qualifying, no practice. just line them up. i think now that these guys shook the cob webs out on sunday, we should see a little bit more of aggressive race tonight. steve: it's kind of like the old days before it got so big and so sophisticated. larry, you used to be a crew chief down there in the pit. when you watch the pit crew, what they have to do now with social distancing and masks and everything else, explain what -- how challenging -- forget about

driving the car. explain how challenging it has been to do their job in the pit as fast as they have been able to so far apart. >> yeah. it has to be a challenge. i couldn't imagine having to deal with this. but the good things everybody, they have embraced what we have to do to make this work. and you think about the guys that go over the wall. they pretty much have already been under the rules of social distancing and doing what you need to do because they are in fire suits. they are in head sox. they are in helmets. yeah. what i saw sunday, the teams did an amazing job adhering to the rules and the way things have to be right now. it definitely has to be a challenge. steve: yeah. brian: absolutely. larry, it's a challenge for the broadcasters, too. and, of course, there is going to be no fans which is great when the engines are on. but when it's off you celebrate in almost total silence. it's bizarre. but hopefully i'm sure everyone's goal is to hold up that trophy. larry mcreynolds good luck

tonight. tune in to the toyota 500 in darlington. 6:00 eastern time on fox sports 1. we are counting another 6 million. larry, good luck. i assume he said thank you. all right. meanwhile. come up straight ahead. president trump signing an executive order cut through red tape blocking our economic recovery. what will this mean for small business owners? we have got a panel on deck.

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! ♪ ♪ ♪ ♪

♪ >> i'm also i object instructing agencies to use the emergency authorities to speed up regulation cuts or new rules that will create jobs and prosperity and get rid of unnecessary rules and regulations. brian: so is that good news? president trump signs executive order to cut federal regulations and boost the economy during the pandemic it. comes as small business owners across america fight to stay afloat. we got some of them with us now. our panel of small business owners join us. we have tom boucher ceo of great new hampshire restaurants. ally simpson ceo and founder of discover night and eric, the ceo of nubakis corporation. good morning to all of you. tom, how are you right now doing since march when all of us were told to shelter in place?

>> not good. just to future bluntly out there. you know, we have been down 'about 75% year over year in revenue. and that's clearly not a sustainable model. we have been doing curbside and takeout. but it is not a sustainable model for the coming future. brian: did you go for a ppp loan and did you get it? >> we did. we got the ppp loan and the irony is we did the best we could. we applied. the first day it was available. we funded on april 13th and we did what we were told to do which was hire back all of our full-time employees, which we did we are now three weeks away from running out of that funding. and then what? we're going to be right back where we were. we are going to need another round of funding or thousands of restaurants, especially independents, are going to be in the exact same position we were back on march 17th.

brian: unbelievable. what they have got to do how about this? how about giving you a shot at running your own business. the numbers are so low in new hampshire. you should be allowed to run your business. hopefully you have a great governor. hopefully he understands that the restaurants don't have any more time. the money is running out. ally simpson, you grew up in home furnishings but now you are in the midst of this pandemic. how are you doing? >> it's been pretty devastating for us as well. we really had to pivot and adapt very quickly and basically reinvent our business after that first week in march. so we actually are now producing masks and isolation gowns trying to make completely new items that we know there is a demand for just so we can stay afloat. brian: and how is it going? >> well, we started doing it just to really help with the supply. so we started with donations and then we actually formed a wholesales team around it and been the reason we have been

able to stay afloat during this time. we are lucky in that sense that we were able to pivot but it has not been easy at all. brian: eric, how are things by you? >> we got absolutely hammered. i watched $600,000 worth of business vaporize overnight. we were fortunate to get the ppp funding but about three weeks ago i chose to -- i was watching the same story. watching the funding running out and i said you know what we are going to open our business and we opened it up three weeks ago. we had 10 employees in that particular business. and nine of them showed up and said they were ready to go back to work. we opened the business and we have been piecing it together. of the one thing i would encourage or at least like to share with most people you don't just turn a business off and turn it back on immediately. we chose to violate the order in defiance of governor whitmer. so i think we will be all right. brian: she has been -- do you think that she understands what it is like to run a business?

>> i don't think she has a clue, quite frankly which is why i'm here. brian: do you feel it's safe? >> yes. i mean, we live in a very small community. we are in the upper peninsula of michigan. i think there has been 10 deaths from covid across the entire peninsula. brian: it's unbelievable in your city, in your state. your state in particular. even though she seems to have the harshest restrictions that nonsensical ones. her approval rating is extremely high. is that among people you know? >> no. i mean, quite frankly, we are a manufacturing state and if you just do some real simple numbers, number of deaths i think is 5,000 right now divide that by 10-millimeter peel you will find out we are actually achieving 6 sigma quality standards. i'm sitting here scratching my head wondering where the panic is. brian: tom, i want you to weigh in. are you also tempted to open up

and start seating people. >> i'm tempted. i'm going to follow the state order. our governor sun kne sununu hasn very prudent in opening of the economy. as you know, we are right on the border of massachusetts. and massachusetts is in pretty desperate situation right now. so, i think he is doing the right thing. i do think we need to get open by some time in june independents like us and the other thousand of independents which make up 90% of the restaurant industry in this country, we are starving right now. we are starving and we have got to get back open. >> yeah. i hear you. you are speaking for so many people. i don't think these politicians get it. i think actually i think the president understand that he had that round table this week. ally, final thought you adjusted your business in order to survive. what is your message to the politicians out there? >> i'm with everyone else in that we need more funding and

more relief so please continue to do what can you for small businesses. we are the heart of the country and we can really use some help right now. brian: especially in new york city. ally, tom and eric, thanks so much. people hear your story and people say that's exactly what i'm going through. hopefully people understand that you just want to open up the country in order to have a shot at surviving. thanks, guys. appreciate it. >> you are welcome. >> thank you. brian: all right. let's go out to jillian. have you more news? jillian: that's right. good morning, brian. doubling down on news of hydroxychloroquine in an effort to prevent covid-19. >> hydroxychloroquine is used by thousands and thousands of front line workers. i'm just talking about as a line of defense. i'm doing with a lot of people. look at all the people in the room. i'm the president and i'm dealing with a lot of people. jillian: the president blasted a study warning the antimalarial

drug could be fatal. calling it a trump enemy statement. dr. nicole saphier joined us earlier and said medical decisions should not be politicized. >> this is between a doctor and patient to weigh the risk versus potential benefit that is a decision that should be made in the doctor's office between a physician and a patient. jillian: vice president mike pence said he is not taking the drug. seattle wants to set up a 100-million-dollar relief fund for illegal immigrants. city council unanimously passing a resolution asking washington's governor to give taxpayer money to immigrants who didn't get stimulus checks last month. california created a $75 million fund for illegals earlier this week. of the application site was so busy it crashed. trending stories on foxnews.com. first up nancy pelosi swearing in two new house republicans. congressman mike garcia of california and tom tiffany of wisconsin were elected in special elections last week. next, a new study revealing face

masks can cut coronavirus transmission by up to 75%. hong kong university researchers say it shows the effectiveness of masks during the pandemic. and finally, a family finds nearly a million dollars in cash inside trash bags. they accidentally ran over the bags in their car on a virginia street. the family turned the money over to authorities. to read more about these stories and many more, you can download the fox news app. a look at your headlines. send it back to you. ainsley: thank you, jillian. hand it over to janice for weather forecast update. hey, j.d. >> hi, my friends. i'm having some difficulties with my map. take a look at the flash flood watches and warnings that we have up across portions of the midwest as well as the mid-atlantic. we have had dams being breached in central michigan as well as flooding concerns in chicago and we have a cut off low, what we call a cut off low an area of low pressure that has nothing to steer. so over areas of the

mid-atlantic, the carolinas, the issue will be a lot of rain fall in a relatively short period of time. so, that moisture coming in from both the atlantic and the gulf of mexico is going to cause big flooding concerns for our friends in the western carolinas and virginia. so, big story today will be the flash flooding. we'll certainly keep you up to date. steve, ainsley, brian, back to you. steve: all right. perfect warning. thank you very much, j.d. you know, we all know and love the hit movie top gun. >> i feel the need for speed. steve: classic scene. abby hornacek just found out what it takes to become a real top gun pilot. and she is going to join us live next. nothing gentler. nothing lasts longer. flonase sensimist.

24 hour non-drowsy allergy relief that liberty mutual customizes your insurance, i just love hitting the open road and telling people so you only pay for what you need! [squawks] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

and you may have a lot on your mind. we want to help, with real questions from you, and real answers from experts. we can get through this together. visit letsbreathetogether.com.

jillian: good morning. welcome back. quick headlines now. the pennsylvania governor is calling out steelers star ben roethlisberger for getting his hair cut. >> when you go to something like a barbershop and you are not protected, i don't care who you are, the chances of that virus actually reeking havoc on your life increases.

jillian: the nfl quarterback filmed him shop at barbershop to return to football after injury. the will says personal favor and insists his shop is closed. and a pennsylvania company gets the green light to put flags on veterans' graves for memorial day. the governor granting flag zone waiver of covid-19. blue knights bringing in a truck filled with 50,000 american flags to the county department of veterans affairs. that's a look at your headlines, ainsley? ainsley: great news. thank you, jillian, have you ever wondered what it's like to be the top gun pilot. >> i feel the need, the need for speed. ainsley: fox nation host abby hornacek gets an exclusive look of what it takes to head into the danger zone in a new special becoming top gun. fox nation host abby hornacek joins us now. hey, abby. >> hey, ainsley, how is it going? ainsley: good morning.

good. i'm a little envious. how was it you should be envious. i'm very blessed that i got this opportunity. it was so incredible. like you mentioned, i went inside what it was like to become a top gun pilot. and if you seen the first movie like the rest of the world. if you haven't, shame on you. watch it right now. you kind of wonder what does it take to do this in real life because what we see on the big screen doesn't always translate to what actually happens with these men and women on a day-to-day basis. i followed around major jared dix who is a top gun pilot and top gun instructor and he told me exactly what it takes. and i didn't realize that you can't actually do a 4 g inverted dive with a mid 28. that was so disappointing to hear and figure out because that's what tom cruz does in the movie. they go through a wide variety of training. it's not just inside the aircraft. they are spending time in the pool in case they get ejected from their jet and have to

survive with all of their gear on and being dragged under water with parachute. they have to go through flight similarities. i had an opportunity to take a trip with the blue angels. didn't go so well for me. i passed out three times and threw up twice. what they go through on a day to day basis i have so much respect for them. i hope it is as much as an eye opening experience for other people as it was for me. ainsley: i was going to ask you that you just answered my question. let's go to a clip what it takes to become a top gun marines vs. navy. watch this. this. >> what is your guy's relationship? >> the marine corps follows under the department of the navy. so really what that means is we support each other while our primary focus is supporting marine forces we do things to support the navy's overall mission and navy also supports and enables us to do what we do.

it's very much a team mindset. ainsley: all right. well it looks great. >> i think that was an important note because in the movie it's all about the navy. but we mentioned the marine corps station miramar they work together and do it at the [inaudible] ainsley: all right. thank you for that inside look. you can watch becoming top gun on fox nation. it's available now. sign up for fox nation today and get your first month for 99 cents. thank you so much, abby. great to see you. senator marco rubio and acting dhs secretary chad wolf in the next hour. ♪ ... complete financial plans.

they're all possible with a cfp® professional. find yours at letsmakeaplan.org. noticks and fleas?ole withsimplifies protection. see ya! heartworm disease? no way! simparica trio is the first chewable that delivers all this protection. and simparica trio is demonstrated safe for puppies. it's simple: go with simparica trio. this drug class has been associated with neurologic adverse reactions, including seizures; use with caution in dogs with a history of these disorders. protect him with all your heart. simparica trio.

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 there is one thing we can all do together: complete the 2020 census. your responses are critical to plan for the next 10 years of health care, education, and more. go online to 2020census.gov and help shape america's future. they will, but with accident forgiveness allstate won't raise your rates just because of an accident. cut! is that good? no you were talking about allstate and...

i just... when i... accident forgiveness from allstate. click or call for a quote today. ainsley: right to this fox news alert, michael flynn's attorney files an emergency appeal to get the judge overseeing the case booted out, steve. steve: that's right, ainsley this comes as a declassified e-mail that susan rice sent to herself raises new questions about what the obama administration was up to between the election and the inauguration, brian. brian: what we have now is the whole e-mail. we knew e-mail was out but this james comey stuff is really intriguing, griff jenkins has the latest and then we'll talk to marco rubio. griff? griff: hey, brian, ainsley and steve good morning, a lot to un pack starting with flynn's attorney sidney powell, and the u.s. court of appeals in d.c. asking them to order judge

sullivan to grant the government 's motion to dismiss the case seeking his immediate removal. >> the law is clear. he doesn't have authority to grant it. he can't appoint a prosecutor himself. the case is over and his bias is so egregious he should be removed from the case. griff: as it stands there's no timetable for the appeals court to act and we could see the doj file a similar writ as judge sullivan has set oral arguments for july 16 in his court. now, flynn tweeted just about an hour ago this morning that it's simply a picture of the words "be not afraid" and he tagged his attorney sidney powell. we'll see if he has more to say about that meanwhile more of that inauguration day rice e-mail, the newly-released portions, ones marked top secret described then fbi director james comey cautioning president obama, on the national security advisor flynn. rice wrote:tome it says he does have concerns that he is

speaking with russian ambassador kysliak. comey said said it could be an issue as it relates to sharing sensitive information, and they should not pass sensitive information related to russia to flynn, rice then said comey replied, outputted." now representative for rice issuing this statement saying ambassador rice did not alter the way she briefed michael flynn on russia as a result of director comey's response and the declassification just the latest action complying with the request from senator ron johnson who had this to say last night. >> we saw corruption of that transition. it transitions really designed to sabotage and really upend the new administration. it's shameful is what it is. we need to do further investigation. griff: and more requests are coming, senate judiciary committee chair lindsey graham is now asking for the names of obama officials to unmask other individuals associated with the trump campaign besides flynn , graham starts hearings in june in his committee.

brian, ainsley, steve? ainsley: thank you, griff. let's bring in florida's gop senator marco rubio and our own chairman of the senate intelligence committee good morning to you, senator. >> good morning, thank you for having me. ainsley: good morning, you're welcome. so ron johnson asked to declassify that e-mail that she sent to herself, susan rice did. he says it shows that the former administration was trying to sabotage the next administration do you agree? >> well i think that's a legitimate question to ask, but let me point something out. i think one of the key thins that people are missing if you look at the time stamp of that e-mail it was after 12:00 that day, and that e-mail actually happened while donald trump was already sworn in as the president of the united states it's the reason why the administration had access to that e-mail and it came under the trump adminitration because it was actually kind of an e-mail written to herself, after trump had already sworn in so i think the other relevant thing to look at in that e-mail is it makes it abundantly clear

this is actually no longer an intelligence common i issue this was an fbi issue which is why i believe that the hearings and judiciary the proper forum had to look at how the fbi handled this entire process and sort of figure out if there was any wrongdoing in the way it was approached. steve: senator one of the things that she wrote in the e-mail was that the president said, i want everybody to do everything by the book and then james comey said we're doing this all by the book. from what you have seen so far, did they do it by the book? >> well, you know there's a process by which the fbi comes into talk to somebody. you consult with the white house counsel, you potentially show the individual you're asking questions of a trans script and by the way you're asking questions that are relevant to a potential crime, and in essence that are material to an ongoing and legitimate investigation, and there are questions about two of those three things. we know they didn't show them the transcripts of whatever they were asking about. we know that they didn't

coordinate with the white house counsel, and they actually went in there sort of under false pretenses and what appears to be an effort to entrap him. this whole thing makes no sense. michael flynn was a long time member of the intelligence community. he would have known that any time anyone talks to a foreign official, there are chances that those calls are being intercepted potentially by multiple agencies around the world. this happens all the time and he would certainly know what's out there and who listens to what including other countries for that matter, and so again, i think that all of this is a bizarre turn of events and there's a lot of legitimate questions to ask about whether in fact the fbi did not follow normal protocols here. we know for example, from public disclosures now that the fbi agents all said that they didn't think mr. flynn had lied, and i don't know, mr. flynn, i just think it's really important to protect the integrity and the trustworthiness of agencies

as important as the fbi and things like this , the damage that's been done to the intelligence community but particularly to the fbi by the behavior of a handful of individuals and his post-career debehavior especially by mr. comey have been, i think, incredibly damaging to a very important agency whose overwhelming number of employees are not the kinds of people that would do this but obviously there are some people there that decided for whatever reason to act in a way that has damaged that agency and that bureau. brian: if lindsey graham gets a chance to question some of these people in front of his committee with sally yates and brennan and comey and others, i think they will say they actually thought they were turning over the country to russia because how else would you describe this behavior? rick grinell has done an outstanding job as the acting director on disclosing a lot of this after leaving as ambassador of germany for now after john ratcliffe takes over assuming he's confirm

ed, he said yesterday. >> he will be confirmed. brian: yeah, here is what he said yesterday about the intel community. >> i have heard from hundreds of members of the current intel community who are extremely pleased with transparency of their work, and that's what they're shooting for. that's what they want to provide to policy makers is information that is not politicized by politicians in any way, on any side of the aisle, but to be able to protect their intelligence estimates, we all know they are estimates and they are proud to give them when not manipulated by others. brian: what else do you need to know, senator? i'm sure he will tell you what other questions do you have? >> well first let me say it's an important thing to remind everybody the intelligence community gatherings information from a variety of sources including open source reporting and everything else. they analyze and then they have analysts who look at all of that and they tell policy makers here

is what has happened and here is what we think it means and then ultimately, it's up to policy makers to make decisions on the basis of that and by the way , sometimes policy makers look at that information and disagree with the analysis. it is really important that our agencies provide analysis that is accurate, that collects information, provides accurate analysis but not analysis that's bias for political purposes, or analysis that's designed to further political narrative. it's also really important that stuff like this not be put out in the public domain to further political narrative. at the end of the day, elements of a phone call between mr. flynn and the ambassador from russia at the time were leaked to the press. someone broke the law. someone took that information, gave it to members of the press, and broke the law. as if that alone is cause for accountability to find out who did it. obviously that is information that was owned not by the intelligence community. it was owned by the fbi. they had possession of it so it's very valid to ask who knew

about this information because it narrows the list of the people who are responsible or could be responsible for putting this in the public domain, which should never have happened. you can not have a law enforcement agency have people within it that break the law. this is a valid area of inquiry and i'm confident that the judiciary committee is going to do a good job of getting to the bottom of it. ainsley: i want to ask you about the small business loans i know you've served as the chairman of the senate committee on small businesses and entrepreneur. the average loan that a small business got was $118,000. look at the number that planned parenthood got, there are 37 planned parenthood affiliates that received $80 million in loans one out in california got 7.5 million. i know you, josh holly, rick scott, james langford, you're upset about this and say they violated the rules. explain how. >> yeah, they just don't qualify for it. there's something called independence between affiliate

and parent company each affiliate is allowed to apply on their own. in this particular case in order to be a planned parenthood affiliate you have to get approval of the parent board the one located in washington d.c. a parent board or organization that is sitting on according to their own numbers in 2018 close to half a billion dollars in net assets. half a billion dollars in net assets to a large well-funded organization, in washington d.c. who has to, who controls the operation of these affiliate s. they just don't qualify under the affiliate rules it's as simple as that. leave aside all of the other issues they do not qualify so they need to return the money and if they did this knowingly they need to be held accountable and whoever helped them needs to be held accountable that includes potentially people on the staff. ainsley: you know they're not going to return the money and hire big lawyers to represent them. what are you going to do then? >> well ultimately it's now up to the sba and the administration to pursue it

and i think the question is how did this get through the sba? how did somebody approve this knowing it violated the affiliation rules it's as simple as that and that's the question we'll have to ask. ultimately others will have to look at how to enforce the law. congress can't enforce the law but we can reveal truth and hold people accountable and we intend to beyond the politics they do not quail it friday for this loan and i'm glad the administration jumped on it. steve: senator let's talk a little bit about your home state of florida. the entire state now is in full phase i broward and miami-dade now in phase i. other parts of the state are more open than others. can you explain how florida has been able to so effectively handle the reopening? because there's such a large demographic of people who are over 65 and the worry was that they be at risk and yet, it seem s as if the government there has isolated people and is taking care of them in a manner

that we don't see in a lot of other very large states. >> sure. first of all remember why we did the shutdowns to begin with and that is because we didn't want the hospitals to be overwhelmed. so part one is the state government under governor desant is and local governments and our hospitals all took the steps necessary to create new capacity. there were field hospitals opened never used they opened up more beds, canceled elective surgery so the hospital did not get overrun and they did not. number two is that the governor allowed each county and city to set their own requirements and that's important, because every community has different unique characteristics and different needs and that happened and number three is the people of florida complied. people stayed home. you hear all these stories about people on the beach. everyone i know has had been home and certainly limited their lives some at great personal economic expense. these thee links led to the result that we were able to keep our hospitals from being overwhelmed and now the question becomes until we have a vaccine and we hope sooner rather than

later how do we reopen the economy and get back to a new normal or get to a new normal while mitigating the risk this is what we're dealing with now is we're trying to lower the risk. if you look at the new numbers there are places with a lot of vulnerability. prisons with a lot of people close to each other, nursing homes in particular so to the extent you're seeing a lot of hospitalizations or new hospitalizations it's because they are taking people out of nursing homes that aren't able to isolate them and putting them in a hospital setting where we are able to protect them from getting infected and that's where our focus should be but ultimately, we could not be under the conditions we were in, indefinitely and there are people pretending we could be like this forever. we can't be like this forever. we have to figure out a way to diminish the risk and protect the most vulnerable but we can't be in that condition forever. brian: right exactly the ppp program which your handwriting is all over it you know the money is running out in places like new york where the county and the governor are taking their time to reopen. that money runs out, they're responsible to keep their people on the payroll.

all of a sudden, they can't keep their people on the payroll because they're running out of money and now they won't be eligible to make those loans grant, so somethings got to be done along with the 75/25 split you guys wrote a good plan but it's not working for certain industries. are you and mnuchin going to be flexible enough to help these people? >> yeah, look. there's two issues here at play. the 75 that you mentioned but the bigger one is the eight week requirement. some people are saying we can't fund payroll in eight weeks we need 12 or 16 weeks. everybody agrees all right this crisis has evolved, and has become a different type of crisis because it's different rules in different places. we need to provide more time for people to use that money as opposed to having to return it what's the point if they use it for payroll. i think the only question is now can we pass it as a clean bill? can i put a bill on the floor today that says we're going to extend it from eight weeks to 12 or 16 weeks and pass it, or are democrats or someone else going to insist that we add something else to it beyond just

that provision, that's not un controversial. i hope we can do it. i mean democrats have told me they agree on extending the timeframe. let's do that as a clean provision before we leave because by the time we get back here there are businesses that took it in the first wave. i heard you had a restaurant who talked about how they hit the eight week mark in three weeks so we got to move on this pretty quickly. i'm ready to go. we're ready to do it. hopefully we get it done. ainsley: because why pay employees if they in are in the restaurant working. they might go back in another month and that's when they need that money. thank you so much senator for focusing on that because so many people are concerned about it and thanks for being with us. >> thank you for having me this morning. ainsley: you're welcome. the u.s. keeping our borders with mexico and canada closed for at least another month. when will they reopen? actingdhs secretary chad wolf is going to join us live coming up next. ♪

♪ can it help keep me asleep? day sale on the sleep number 360 smart bed. 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.

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

staying connected your way 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: the trump adminitration extending border restrictions for non-essential travel between the u.s. , mexico and canada, the cdc also extending its order allowing border agents to deport migrants illegally crossing the southern border to keep covid-19 from spreading to detention centers. here with an update acting dhs secretary chad wolf. chad is there any pushback about the extension of the country's also on board with that mexico and canada? >> there was no pushback both mexico and canada agree with the extensions of the border restrictions, so what we have now is a north american solution which we've had in place for two months. we all agreed we immediate to continue those restrictions and at the end of the day the restrictions are working.

what we've seen is we've seen both vehicle traffic down, pedestrian traffic down, non- essential traffic keeping down while keeping that legitimate commercial trade ongoing. we need that for the supply chain, we need that for the economy, so we're very happy about the success that we've had at the border. brian: all right here is some numbers tell me if you agree with them i believe we got them from you more than 16,000 apprehensions, and 50% decrease from march, 85% decrease from april of 2019 so the borders getting better, and then with this pandemic, there's just been an absolute change in policy. what can you tell us about the wall? >> yeah, absolutely again yesterday the cdc extended their order which really directs cbp had to enforce public health restrictions at our border patrol facilities across the southwest border and this is critically important because what we're trying to do is we're trying to protect the american people, we're trying to protect

the dhs workforce and others in our care and custody to make sure that we're not introducing covid and covid-positive individuals into these border patrol facilities and that is critically important when we talk about the security of the american people. if you go back a year ago, we had over 20,000 migrants in our border patrol facilities today we have about 100-150 so being able to manage those individuals , isolate them if we need to, is really just been a game changer and that's for the protection of border patrol officers that are on that line, every day, that don't have the ability to social distance, don't have the ability to do a lot of common sense things we're telling the american people to do. we need to make sure those officers can go home to their loved ones every day and come back to work and do their job to protect the homeland. brian: this fall, foreign students are going to come back to campus, assuming we get colleges up and running again, which is the goal. should we let them? i mean, should we extend the china ban right now on travel to students?

>> so brian we're taking a look at a number of different what we call non-immigrant visas. those are temporary visas that a number of individuals use to come into the country and to work to include students, so we need to make sure that as the economy gets up and running, that the jobs that are available go to americans first and foremost, and making sure that we have americans in the economy moving forward. brian: right, real quick, 20 seconds. what message does it send to illegal immigrants when california gives them $75 million of stimulus money? >> yeah, i just think that's a terribly dangerous decision to make. i think at the end of the day what you're doing is rewarding individuals for illegal behavior. these are individuals who came here to the country illegally, and now are taking advantage of taxpayer-funded resources and i think that's the wrong from a

law enforcement perspective it's the wrong message to send. it go against everything that dhs as a law enforcement agency does on the southwest border and the northern border and just a terrible signal and message to send. brian: yeah, democrats and republicans used to agree on that not any more it makes your job harder mr. secretary thanks so much. >> thank you, brian. brian: best of luck. meanwhile two high school athletes petitioning new jersey 's governor to reopen pools for competitive swimmers why not and they have thousands of supporters. they bring their fight to fox & friends next.

these are extraordinary times, and we want to thank 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 "show me what you're made of." so we showed it our people, sourcing and distributing more fresh food than anyone... our drivers helping grocers restock their shelves. how we're helping restaurants open pop-up markets. and encouraging all americans to take out to give back. adversity came to town. so we looked it in the eye.

and it won't be us... that blinks first.

when bugs move in we stress out and spray. well, we used to. new ortho home defense max indoor insect barrier kills and prevents bugs for up to a year without odors, stains or fuss. new ortho home defense max. bugs gone. stress gone.

ainsley: much of new jersey remains closed with no official end date for the stay-at-home order and after nearly two months on lockdown our next guests are now petitioning the governor to reopen the pools for competitive swimmers. the high school at leasts have already racked up more than 30,000 signatures, 3,400 to be exact, andy moss and jerry zang compete with the summerset hills ymca swim team joining us now. good morning to you guys. >> good morning, thank you so much. ainsley: you're welcome. andy i'll start with you tell me what you're doing to get the

governor's attention there. >> so jerry and i started this petition to get the attention of governor murphy to open up the pools for competitive swimmers training and we feel like the signs the cdc stated about chlorine deactivating the virus makes it possible to return safely. ainsley: jerry the cdc on march 10 said there's no evidence that covid-19 can spread in pools or hot tubs so if the governor's watching this morning what's your message >> my message is that our swimmers are disciplined enough to return to the pool safely and follow the guidelines outlined by the usa swimming. ainsley: okay, so andy we did reach out to the governor, and we asked him for a statement we have not heard back from them. so jerry just said you can do it safely. i mean, you swim six days a week , your life is about discipline. if anyone can do this i know it can be your swim team and other professional athletes or competitive athletes. how will you do it specifically? >> andy i'll start with you

first. >> we will use the pool for competitive training purposes and we will not use facilities like showers and locker rooms, because those are where the virus is spread. the virus is deactivated in chlorine which we will use for training purposes only. ainsley: andy what about spacing out in the pool or when you stand up before you dive in? >> yeah, so and this is also in the usa swimming guidelines. we're going to implement the social distancing out of the pool by facing out people outside of the deck and we won't be using facilities such as bathrooms locker rooms and water fountains to prevent the virus from spreading. ainsley: so jerry, i'm sure you're worried about scholarship s. you guys are sophomores is that right? >> yes. ainsley: so next year is a big year for you because colleges are going to be watching you and we don't even know what new jersey and what new york is going to be doing in the fall. what's your message to the folks in the northeast about scholarships, discipline, team sports, why is that so important

>> well we believe that competitive swimmers are disciplineed to train when they need it, and juniors and seniors especially are impacted because juniors have college application s due by the end of this year, and they will not have their best eye to colleges and similarly seniors are missing out on their last season , and many of them are going on to college to continue their swimming career and they will not be with their best eye to college coaches if we're not able to train right now. ainsley: andy how important is sports for your physical well being, your mental well being? >> yeah, i mean, jerry and i have been competitive swimmers since we were seven. this is our entire lives and our mental and physical health has taken a toll. this is the longest i've been out of the pool probably since i was seven. i mean, getting back is so important to us this is our passion. it's our life, and we really just need to get our touch with

the water back as we really have been missing it. ainsley: jerry, when you think about maybe not going back-to-schools in the fall, we don't know what we're all doing in the fall. if i have to do one more zoom and i'm sure you feel the same way if you have to be out of pool for one more day, one more month, how do you feel about that? >> well i would feel disappointed because swimming is my life, pretty much. i've been swimming since i was seven, and swimming has made me who i am today, and swimming is a huge part of me, so i would be so disappointed and i would make my voice be out there and make everyone know that swimming is necessary for every competitive swimmer to continue to be healthy and it's better for their mental well being. ainsley: andy how are you able to secure so many signatures? >> so we started this petition on change.org, and if you look

up competitive swimmers, you'll find us. at first i was really surprised that it got so many signatures but then i realized swimmers are so passionate about swimming and so eager to get back in the water and it makes sense that a lot of people get behind this and sign our petition because we are really passionate about this and super excited and we think as governor murphy has said, determine the date and we feel that the data and science behind the chlorine and the social distancing makes getting back to the pool really really good possibility. ainsley: okay, so jerry i hope the governor you've already said your message to the governor, both of you have said your message. is there anything else you want to say to him so he can listen and hopefully help you guys out? >> i would like the governor to know that we will be disciplined and we are mature enough to follow guidelines to ensure the safety of every swimmer and for everyone's well being, and we will return to the pool safely and in an orderly fashion

>> ainsley: andy you definitely and jerry, you're pleading your case. look it makes sense when the cdc is saying that it's not transmit ted in water, there's chlorine in the water, they are saying that for pools and hot tubs and you guys are so disciplined i just wish you all the best. any plans for the future in college? you want to swim competitively there? >> yeah, i think both of us would love to swim in college and we think for our year, junior and senior year getting back to the pool it's really a must and we were really excited about our swimming in the future and we're really excited to get back and swim more in the future, yeah. ainsley: okay, so guys i don't know if you can see this if you're close to a monitor but if you look at the bottom of the screen go to fox & friends .com we have it up on the screen that's where you can find the petition for people watching that have kids in similar situations or just agree with these two nice gentlemen then please go on there and sign that petition so that the governor of new jersey and governors of other states can hear you. god bless you all both of you and your team wish you all the best thanks for joining us. >> thank you so much for having

us. ainsley: you're welcome. you convinced me. all right you have heard a second amendment sanctuaries now one california city is a sanctuary for businesses. the mayor is going to join us live with a message for the governor coming up, next veterans: you know mortgage rates have fallen to 50-year lows. but did you know that your va benefit lets you easily refinance to a lower rate? one call to newday can save you $2000 a year. with newday's va streamline refi there's no income verification,

no home appraisal, and no out of pocket costs. it's the quickest and easiest refi they've ever offered. call newday now. 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!

that's why usaa is giving payment relief options to eligible members so they can pay for things like groceries before they worry about their insurance or credit card bills. discover all the ways we're helping members today.

steve: 8:40 in the east we're back with a fox news alert.

a state of emergency has been declared overnight after two dams have collapsed in central michigan. brian: man thousands ordered to evacuate as the governor calls in the national guard for help. ainsley: robin murdock from our fox affiliate in detroit is live in midland, michigan where a local river is reaching a historic high. robin? reporter: it is, residents are telling me in fact that the river right behind me is 33 feet high right now and i'm going to step out of the way so we can give you a better look at what i'm talking about. those residents tell me that they can tell it's at least 33 feet high because off in the distance you can see that green roof and that is where the farmers market is usually held and it is almost completely submerged by water at this point as you mentioned, there is some 10,000 people in midland county that have been evacuated from their homes after three dams have now broke within the last couple of minutes we just got

confirmed that a third dam did break. now the governor did issue a state of emergency and is warning that downtown midland could be under nine feet of water by later today. heavy rains over the past few days have caused the rossi river and its connect ing lakes swell in turn creating this catastrophic flooding situation and a number of shelters have been setup at area schools to give people somewhere to go and now the governor did say during a press conference last night that this happening right now really is unthinkable and as you know we are in the middle of a coronavirus pandemic but we are here, she says, and we will get through this together, and we are already seeing signs of that right now, of the community coming together and adds the water continues to rise. i'm sure we'll see much more of that so perhaps that is the bright spot in all of this. back to you. steve: robin murdock thank you very much for the live report from michigan. now let's bring in janice dean.

janice, we just saw from that shot, it is sunshining there right now, the last thing they need is more rain. >> janice: right. the good news is they're drying out for now. the bad news is we've had three dams break in central miche machine and we've had four to eight inches of heavy rainfall over the last couple of days, so flash flooding will be imminent for the next several hours, and of course our prayers and our hearts are to all those in central michigan. that's not the only place though that is going to experience flooding across areas of the mid -atlantic we have something called a cutoff low. that means an area of low pressure that's not moving. it is going to bring moisture in from the atlantic and the gulf and in some cases, six to 12 inches of rain in just a day. so this is a dangerous situation it doesn't take a tropical storm to cause catastrophic damage, and this is what's going to happen, potentially in parts of

the carolinas and virginia so watching two scenarios unfolding michigan certainly the midwest, and the mid-atlantic and carolinas over the next couple of days. steve, ainsley, brian back to you. brian: all right, janice. thanks so much. meanwhile, a sanctuary for business owners can you imagine this one california city defies governor gavin newsom's statewide stay-at-home orders by declaring sanctuary status and getting people back to work. ainsley: joining us now with more is atwater mayor, paul crei ghton. good to see you. >> good morning. ainsley: you want to be a sanctuary city of a different sort, a sanctuary for businesses to reopen why is that? >> well, the reason we declared a sanctuary city for businesses is because in california, there's a sanctuary city for everything, the drug abuse, the homelessness, and the list goes on and on, and we're trying to reopen, we've done everything we needed to do, we smashed the

curve, we were 10 days ahead of the governor the county declared an emergency in our community and we've done everything that we possibly could. we've appointed a health director with our city, myself, dr. vanick, city manager, police chief, and fire chief and we've been really proactive and aggressive on covid-19 and we feel that we've done everything we need to do. the hospital numbers are extreme ly low. the nurses are being sent home because there's no work, so we're fearful that our local hospitals going to close up because of lack of revenue, and that's not what we signed up to do and we did the first two weeks. we were happy to do it. we've done a great job. our community it's not us but our community stepped up and they are keeping the numbers low atwater is one of the lowest numbers in our county and we're seeing economic pressure of this and we're not getting any relief from the governor or the county so we decided to

step up, and the rest of the council, myself, decided to run with it. steve: okay so mr. mayor under this plan, if a local business decides to reopen before the governor officially releases them from the stay-at-home order , local police and code epidemic forcement will not interfere with that local business but if as i understand it if a business is regulated by the state like a bar or a beauty salon, something like that, where they get state licenses, you really can't interfere with them, right? >> brian we don't want to jeopardize their license and you're right everybody else can open up if you don't hold a state license but you hold a license with the city of atwater our police will stand down, the county sheriff has declared that he'll stand down also. our sheriffs been really supportive in this , but the main thing is we don't want to cause any harm to anybody that has a state license and we saw the ramifications friday

night, right after we did the state of emergency, you know , the abc alcohol beverage control for california started making their rounds over the weekend all the way through monday threatening the local businesses that had any liquor license or anything else which we took extreme offense to, but that's the governor lashing out at us, and we're going to do what we have to do to survive here. there's no bailout coming for us brian: so what are you going to do if the fines start adding up? have you spoken to a lawyer about fighting back because there's a sense that these executive orders, even with their best attention, are not constitutional. >> right and the california constitution says 60 days we did the two weeks we extended it another two weeks, we started getting reports that the hospitals starting to lay people off, their revenues are down, we're following the constitution, and we're not

actively aggressively going to file a lawsuit but we're going to stand our ground and the measures that are taken, it doesn't fit our community, and we've got the numbers down and we all agreed to slow the curve. we smashed the curve here and we're doing our part so let us return back to business as normal with best practices and businesses know how to do that. we're going to continue to encourage the distancing and what you need to do with the covid-19 practice. ainsley: i know you said when is it going to end when we're all bankrupt? that's an excellent point. thank you so much, mr. mayor. >> it's crazy. i see local businesses, right after the council meeting i had a young lady that was a restaurant crying in my arms because she's not going to make it out of this. they are going to go bankrupt. two months, two mortgages, two rent payments, two leases, everything for the restaurant with nobody coming to the restaurant, so its been devastating, and the bureaucrats

get paid. they're not feeling the impact. they get paid every two weeks and every month. brian: i hear you. you're doing the right thing we totally back you up. ainsley: we do let us know if we can help you further mr. mayor thank you. >> i'll tell you what -- ainsley: go ahead. >> when i was back at washington d.c. in january and met with the president i told him we need help in californiand i had no idea we need the presidents help this much so if you're listening president trump we need your help. steve: mayor thank you very much by the way we did reach out to the governors office in california and we have not heard back. all right, straight ahead, one organized mom is giving back to our heros, she's cleaning the homes of first responders and medical workers free of charge. she's going to join us live, next but first ed henry has a preview of coming attractions. ed: good morning, friends as of this morning all 50 states have now reopened to some extent kellyanne conway our exclusive guest to discuss what this means

for getting americas economy back on track and a blockbuster new e-mail that susan rice wrote on president trump's inaugural data to claim president obama was handling surveillance by the book, plus senator john barr osso, charles payne, and howie kurtz on the surprise counterattack join sandra and me , 9:00-12:00. you wouldn't accept an incomplete job from anyone else. why accept it from your allergy pills? flonase sensimist. nothing stronger. nothing gentler. nothing lasts longer. flonase sensimist. 24 hour non-drowsy allergy relief as someone with hearing loss i know what a confusing and frustrating experience getting hearing aids can be.

that's why i founded lively. affordable, high-quality hearing aids with all of the features you need, and none of the hassle. i use lively hearing aids and it's been wonderful. it's so light and so small but it's a fraction of the cost of the other devices. they cost thousands less. it's insanely user friendly. you take the hearing test online, the doctor programs in the settings. you don't even need to go into an office. they're delivered to your door in a few days and you're up and running in no time. it connects via bluetooth to my phone. you can stream music and you can answer phone calls. the audiologist was so incredible she's full of all kinds of little helpful hints i love it. they're a game changer for me. i feel like i can take on anything. it feels great to be in control of my hearing. better hearing has never been this easy. try lively risk-free for 100 days. visit listenlively.com

the xfinity voice remote will find exactly that.for, happy stuff. the group's happy, i'm happy. you can even say a famous movie quote and it will know the right movie. circle of trust, greg. relax, the needles are jumping. you can learn something new any time. education. and if you're not sure what you're looking for, say... surprise me. just ask "what can i say" to find more of what you love with the xinity voice remote.

"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: listen to this. first responders and medical workers are getting their homes cleaned for free. it's all part of a florida business owner's campaign, clean ing for heros. here is more, the owner of one organized mom, a cleaning service, heather canon. good morning to you. >> hi, good morning. thank you for having me. steve: it's good to have you. i understand because of the financial situation down there in the jupiter area, you had to let everybody go for a little while, you got ppp money, everybody is back and now you're trying to salute our first responders. explain your idea, heather. >> well, the ppp money is designed to have people not collect unemployment, so we wanted to bring all of our

employees back to work, and what better way to do that than to offer the first responders who have been spending the last two months taking care of us, for us to take care of them. steve: well that's really nice and by extension, if you are cleaning their house, then they have more time to go to work, and take care of all of us, right? >> that is correct. nobody wants to worry about a clean house especially at this time. it's so important then to come home and have a safe, healthy home. steve: absolutely, and so you're based down in the jupiter area, so this would apply regarding your company to everybody in the jupiter, west palm beach area, right? >> correct. we do have other peers that are running the same initiative in other states as far as oklahoma and maryland, arizona, colorado, and washington. steve: that's great so i understand your plan is you would like to clean the homes of 100 first responders in 30 days.

how has the response been so far >> well we just launched this sunday night. we had to get everybody back before we could launch it and our phones have been ringing off the hook since yesterday at 3:00 steve: oh, that's fantastic. what's the reaction been from your friends and neighbors and people who have heard about what you're doing? >> gosh, i been so busy working i haven't been able to talk to them, [laughter] but listen, it's all about giving back, right? this is a new world we're living in, and we want to be able to get back and we've been very fortunate in our business to be able to get this funding and so many businesses haven't, so to be able to give back to so many people is just going to be amazing. steve: absolutely and i know that when you were unable to get the ppp money and you had to let people go you were just trying to saviour business and eventually it came through, you just got it last week right? >> i'm so sorry? steve: you just got the ppp

money last week so you've been able to save your business? >> correct. steve: that's great. all right, so for anybody who would like to register a first responder, go to one organized mom.com. heather you're one organized mom thank you very much for joining us. >> thank you. steve: we'll be right back.

>> and set your dvr so you can watch whenever you want, and if you're looking for a good read, i'm just saying, sam houston, "the alamo adventures." we >> sandra: obama era officials under fire after a declassified email raises new concerns about the previous administration's handling of the michael flynn probe. good morning everyone, i am sandra smith. >> ed: good morning, i met henry. that email that susan rice into her herself on president trump's inaugural day revealed that james comey expressed concern to then president obama about sharing sensitive info on russia with michael flynn given his frequent talks to the russian ambassador.