if they happen. >> thanks so much. jillian: thank you for watching "fox & friends first" on this tuesday morning. we will be back here tomorrow. rob: that's right. and "fox & friends" starts right now. see you later. ♪ ♪ ainsley: americans across the country returning from the memorial day and getting back-to-business. five states are easing more coronavirus restrictions today cheers to this in arkansas, west virginia, bars are reopening, steve. steve: okay. ainsley, thank you. and it's back to the gym in the state of ohio. meanwhile, fitness centers and no contact sports are getting the green light there gyms also opening up down in florida. particularly broward county which has been closed and broward county beaches are also opening, brian. brian: yup. and in just a few hours the new york stock exchange will

reopening it's trading floor it's been closed 8 weeks. things will look different when the opening bell rings. everyone will wear a mask. can't close the deal with a handshake. imaginary a mind high five. they also say you can't take mass transportation to get there they will have their temperature checks as they enter the building. anyone who fails to pass will be barred from entering the building. now they can trade in person. one of the few stock exchanges they are actually showing up in person. another great sign after 9/11 when the stock market came back and taken a lot longer this time, ainsley. ainsley: it's great news. yesterday was memorial day. we remember those fallen soldiers. anyone who fought or our country thrill and didn't come home. we are so honored by their service. the weather started to turn out of to be a nice day nut afternoon here in new york. i feel like at least for new yorkers gosh we have been in this position for so many weeks now. i was starting to feel like summer is around the corner.

thought new york stock exchange is opening up, steve. and hopefully schools will open in the fall. it was a nice reminder that summer is here. we have done this the best of our ability and hopefully people will stay safe and we can get back to business soon. steve: absolutely. you know, emotionally we have changed the season by moving past memorial day which is the, you know, the unofficial start to summer. ainsley: that's right. steve: we want things to be different especially in the new york city area where we are still locked down. look at all the regions of new york. it's only new york city that is impacting all of us. that's why we continue to social distance because our company is following the government guidelines. but you look at yesterday, you know, yesterday was the 75th anniversary of the end of world war ii. that would have been a gigantic parade and things like that. instead they had small caravans and they also had very small commemorations across the country. the president of the united states went to arlington national cemetery. he laid a red, white, and

lavender wreath at the tomb of the unknowns. he also was at fort mchenry in baltimore. there what he did essentially was he likened the soldiers who had given their lives particularly there in the baltimore area in 1812 when they repelled the british who were invading to those fighting this covid-19 battle. here's the president yesterday, fort mchenry. >> together, we will vanquish the virus and america will rise from this crisis to now and even greater heights. as our brave warriors have shown us from the nation's earliest days, in america we are the captains of our own fate. no obstacle. no challenge. and no threat is a match for the shear determination of the american people this towering spirit permeates every inch of

the hall load soil beneath our feet. steve: you think about those who lost their lives in war. those who tragically died because of the covid-19, that number is actually greater. it has eclipsed the total number of deaths during the vietnam war, the persian gulf war, iraq and afghanistan. brian: washington was burned to the ground. we were standing armor dispersed across the country h to make a stand because the british were going to wipe out fort mchenry take out baltimore and wipe out new orleans. americans rallies to the cause and repels them. go to new orleans and be be i do feed by andrew jackson mg jackson. people want to focus on him not wearing a mask. he got tested in a couple hours ago. he is in the open air.

he doesn't need a music. he is far enough away from these people. he has air force one. like secret service and he also gets tested every day. let's move on and talk about something else that's on the president's mind. and that's his re-election. one of the keys to his re-election is getting momentum at the end of august in north carolina. they always pick one those purple states. last time they picked ohio. the governor didn't show up tone doors him even though he is republican. i want to have it in north carolina at the end of august. not in july. use it as launching pad over to november. the governor doesn't seem too enthusiastic. maybe is he just being careful. i don't know. he seems to be very slow to reopening and committing to doing the convention. here's the quote: north carolina is relying on data and science to protect our state's public health and safety. that's in response to the president saying you seem to be in the shutdown mode. here's the vice president yesterday on the show called

"fox & friends." >> what you are hearing the president say today is a very reasonable request of the governor of north carolina. we want want to be in charlotte. we love north carolina. having a sense now is absolutely essential because of the immense preparations that are involved and we look forward to working with the governor cooper, getting a swift response and if needs be, if needs be, moving the national convention to a state that is farther along on reopening and can say with confidence that we can gather there. brian: the president just said if you are not going to open it up, i'm going to florida. i want a packed stadium and a commitment for it. so game on. ainsley: north carolina is only in phase 26 reopening though. means it limits people to 10. can you only be around 10 people there are 50,000 expected to go to the rnc, including all of us. and the president said it's not something i want to do. i love the people of north

carolina. but he said planners need answers immediately. think about this. if you have 50,000 people gathering, that's a football stadium, basically. and you have that many people going into one city, you have to plan well in advance. they have done that and then everything was put on hold. the republican leaders need to know whether or not they are going to be able to go there if not, this election is so important, obviously, that if they're not able to go there and do full capacity and then the democrats are able to do full capacity in milwaukee. then he is saying, look, i'm not going to deal with that we're going to move it. the election is more important than the location. i like that he said the people of north carolina. i want to go there at the same time i have to think about this election, too. so, we will continue to follow that ronna m |1 cdaniel, she is the chairman of the rnc. she is coming up ought 7:15. we will talk to her about it and talk about where they are planning to go. mentioned florida and also mentioned georgia and texas. steve? steve: that's right, ainsley. it's interesting because the

convention is scheduled for exactly three months from today. ainsley: exactly. steve: it would be august 25th, 26th, and 27th. and what the city and county and the state are saying down there is we don't know what the future holds right then. and so some have suggested that either the president is trying to force the hand of the democratic governor down in north carolina to open more of the state or, perhaps, he is just floating a trial balloon. you know, maybe this should be more of a virtual thing. nonetheless, he made it clear he was not going to move to a ballroom at durrell country club down in florida which he owns, which he suggested the "new york times" reported actuality "new york times" what they reported was apparently the republican party was looking at contingency plans and he had apparently asked aides why can't we hold it at a hotel ballroom in florida.

did he not mention durrell but perhaps that was top of mind because that's where he wanted to have the g-7 summit last year. more on that a little later on. joe biden emerging in public for the first time in two months. he was wearing a mask. brian: now president trump taking on the former v.p. over his treatment of china. ainsley: griff jenkins is in washington with the war of words. hey, griff. griff: that's right. is he out of the basement donning a black mask. former vp out for the first time 70 days. march 15th is the last time he was seen outside his home. out to lay a wreath at the veterans memorial in delaware with his wife jill making no public remarks. he did engage briefly with the press. watch. >> how does it feel to be out here for the first time in months? >> it feels good to be out of my house.

>> comments he made on a popular breakfast show on friday where he said african-american supporters of president, quote, ain't black. as his records with the african-americans coming under scrutiny from that host. the hill newspaper reporting this morning he is shifting his focus to the economy and attacking president trump's handling of the pandemic and failure to put the economy on a pat to recovery. president trump meanwhile is trading his attacks on biden over china including. this sleepy joe biden mostly his reps went crazy when i banned in late february people coming in china. went nuts. 44,000 people, until he was told they were american citizens coming home. he later apologized. he was asleep at the wheel. he gave them everything they wanted including relationship off trade deals. i'm getting it all back. as for the war the words. biden has no public events today. the president does have remarks this afternoon in the rose

garden. we will see if it escalates. brian, ainsley, steve? steve: all right. griff. thank you very much. so that's going to be a rather risky argument for joe biden going forward. he is going to say that the president has handled the pandemic wrongly. he has done the economy wrong. and joe biden, given the fact that he can rely upon his relationship and there you see the former v.p. with the wreath and jill coming at the delaware memorial veterans commemoration yesterday. he said that essentially his handling of the 2009 recession was very effective in bringing the country back. but, the problem for him will be if the u.s. economy of 2020 is bouncing back in the third quarter of this year, which is what the president and his surrogates are suggesting is going to happen. senator lindsey graham is a spokesperson unofficially for the president.

big supporter. here he is talking about how biden has been wrong about a lot of stuff. >> i think it should be a great concern. if you did the opposite of joe biden on foreign policy you would be in the hall of fame. i like joe. i have known him for a long time but he has been wrong about everything. it was joe biden who said it would be a good idea to do a deal with the ayatollah, the iranian ayatollah. iran nuclear deal was withdrawn by president trump. it was joe biden who pushed obama to pull out of iraq. it was joe biden who sent troops into afghanistan and gave the day you are going to withdraw. if it weren't for joe biden and barack obama. there would have never been an isis. brian: so what is pretty clear, i guess, lara trump is doing town halls with different supporters of trump. senator lindsey graham points out as general mattis pointed out. general mattis said if you pull out of iraq this whole thing is going to fall quickly biden said

yeah, we are pulling out of iraq. totally blew it off and we know about his support for the iranian deal. you could say corporations are horrible people and they should be excepted for people actually work there and they make a living and the reduction of corporate taxes made us competitive. add something else. goodbye frac going you elect joe biden and goodbye offshore drilling. that's hundreds of thousands of jobs, ainsley. that's the substance that people reflect on more than the rhetoric back and forth on masks or golf. ainsley: you talk to republicans in new york we are such a high taxed state. they all want fracking. the governor will never allow it. think about the money we could save if you are a supporter of fracking. the taxes would go down. it would definitely fund our city and other cities alike. we have seen that happen in our country. now, the president, what happened when he was elected three years ago, unemployment, think about, this before corona hit 3.5% in december. just a few months ago. so low the economy never better.

not in my lifetime. so that was a strength of his. and then corona hits and now joe biden is planning on using this. the question is will it resonate? will voters think oh, well the president he got us to this point back in december. he will get us there again. it's just going to take some time. or will that message work for joe biden? we will have toe: hand it over to jillian she has headlines for us. jillian: this is fox news alert. the family of a college student on the run accused of killing two men is urging him to surrender. >> from your parents, we love you. please turn yourself. in. >> jillian: the fbi joining the multi-state manhunt for manfredona. police released this photo along the railroad tracks. we will have more on the hunt for him later this hour.

ahmaud's death as a hate crime. the u.s. attorney for the southern district of georgia is also looking into why it took more than two months to make an arrest. gregory mcmichael and his son travis were after earlier this month. the third man who filmed the shooting is also charged. former florida congressman allen west thanking supporters as he recovers at home from a motorcycle accident in texas. >> i just want to thank you all for all your prayers, for lifting me up, thank god i was able to make it through. jillian: west was cut off by a car sending him crashing into another motorcyclist. he suffered a concussion and fractured bones. west is running to head the republican party in texas. a oklahoma homeowner calling this u.p.s. driver the hero of

the day after seeing him do this. the delivery man dropping off a package, then pausing to fix an american flag wrapped around a pole. you see it right there. he gently straightens it out before going back to his truck and on his way to the hex house to make a delivery. a look at your headlines, send it back to you. steve: where would we be without those cameras. we see so much of the stuff going on in front of houses. ainsley: the good and the bad. steve: i saw an image of a delivery driver in front of a house where a little child is success accept able to coronavirus. family is doing everything they can to make sure the child is safe. after the person delivered the package, said a prayer for the child which is making rounds on social media today. ainsley: awesome. steve: new york governor andrew cuomo said he is done guessing when his state will fully reopen. >> all the early national

experts, here's my projection model. they were all wrong. they were all wrong. steve: is that really fair? dr. marc siegel doesn't think so and the doctor joins us next on the virtual couch.

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at what point do the numbers drop to the reopening threshold. now, people can speculate. people can guess. i'm out of that business because we all failed that business. right? all the early national experts. here's my projection model.

they were all wrong. they were all wrong. >> there have you got new york governor andrew cuomo yesterday admitting coronavirus were all wrong and is he done guessing when to reopen. is this fair as new york city remains closed. here to weigh in fox news medical contributor dr. marc siegel. dr. siegel, good morning to you. you know, in the very beginning we were told what we had to do is we had to flatten the curve. >> good morning. steve: good morning. so that the hospitals would not be overwhelmed. well we flattened the curve and the hospitals were not overwhelmed. in fact, we are to the point where they are dismantling the temporary field hospitals that the governor had asked for. so, what's going on? >> and, steve a lot of the hospitals around new york have closed covid wards now i can tell you. the governor didn't say there that the number of deaths in new york state is down to around 100. the lowest since march. and the number of cases down to around 1500. do you remember when the fema

projection out of fema was somehow there was going to be 200 now cases by the end of may. 200,000? well, guess what, we're down to around 18,000 across the country. so across the country the curve is flat. there is some hot spots we are watching. new york state is on the decline, dramatic decline. when the governor says will he is now beginning to figure out that mathematical projections don't worry. let me tell you why they don't work, steve. they are based on guesses. not based on real numbers. we don't know the total number of cases. we don't know because most of them or half of them are asymptomatic or based on very mild symptoms. one final thing, steve, the centers for disease control is now saying that the death rate from covid-19 is treely about 0.3%. not 3% that we were hearing for months but .3%. does this mean it's not a virus we should take seriously of course not, it means governors, let alone doctors should not be

making mathematical projections or decisions based on guesswork. steve: well, here is some real numbers and i found them in the body of a story on the op-ed page of the "new york post" today. and it says essentially the headline is governor cuomo managed to kill grandma in new york's economy, too. you look at new york state has 23,000 people who died from covid. that is six times the number of people who died in california you look at new york state has 6% of the u.s. population. but 24% of the covid deaths, dr. siegel. >> well, that's another great point, steve. you come from kansas city. i have been looking at montana lately where there is less than 500 cases in the entire state of montana. and, yet, half the state is still shut down by a democrat governor. i mean, he means well, burr we have to look at what regions are really showing cases. a lot of hospitals around the country were re-purposed for covid and not having covid

cases. i think you are making a really good point. the media is centered in new york. all this attention by the media on new york leaves regions -- regions that don't even have cases act like they do. steve: exit question, dr. siegel. should new york city be in phase one? we are not even there yet. >> steve, i think, yes. but i think, of course, social distancing needs to be maintained. that's it. we have to use social distancing especially in neighborhoods that aren't using it. of course we should be reopening. our economy is suffocating here. new york may never come back. the time is now, steve. steve: all right. dr. marc siegel joining us from his location. doctor, thank you very much. meanwhile straight ahead, former vice president joe biden leaning on bernie sanders allies to set up the platform. will the push to the left alienate middle america? we're going to talk to tony

katz. is he based out in indianapolis. he is next.

brian: quick headlines now. let's talk space. new rocket failing its first he test. tried launching it over the pacific ocean from a converted 747. the rocket stopped in mid-air because of unknown error. it's not clear when virgin will try again. space elks is moving full speed

ahead. getting the full go ahead of historic launch tomorrow two astronauts will take off in a space craft from cape canaveral, florida. first manned rocket launch in a decade. could be delayed because of stormy weather. ainsley. ainsley: thank you, brian. former vice president joe biden trying to draw in progressive support not only as senator elizabeth warren fund raising for him now. is he teaming up with senator bernie sanders to put together members of the a unity task force who will shape the party's policy on everything from the environment to the economy. but as s. biden setting himself up for failure in middle america? here to react is indianapolis based radio talk show host tony katz. hey, tony. good morning. he is kind of in a pickle. normally at this point a candidate tries to appeal to the entire party. is he trying to appeal to his base. but also trying to get those progressives. those bernie voters. so he is setting up these task force, six of them and is he including aoc on that.

your thoughts? >> that larky. that's my thoughts. he is supposed to be the guy who already has the nomination well in hand. and it doesn't seem like he has the nomination. bernie sanders says he is still going to go for delegates. ocasio-cortez was absolutely opposed to biden then, i don't know, fell on her sword advocate, there is the word. her principles to be part of this campaign and unity things you are talking about are about bringing the bernie bureaus online. bros online. joe biden is not a moderate. has never been a moderate. his policies aren't moderate. just recently he said he is oppose to the keystone pipeline. it was under president obama's state department it. would have minimal impact and create thousands of jobs. is he opposed to it. how is that somebody who is in any way, shape, or form a moderate person. this is about attracting all

those highly partisan progressives. those beyond pro-environment progressives to the extent that they're willing to destroy jobs and destroy opportunity especially now post coronavirus. he needs to bring this party together and this is not a way to get the midwest in a general. ainsley: tony, there are reports he is going to go after trump's economy. he is going to use that for his gain. do you think that will work? will it resonate? >> no. because he now has to answer the question of what is his economy? we talk about keystone xl. talk about anti-fracking position. how much would new york benefit right now if western new york were able to frac. all the people leaving the five burrows because they don't want to be around coronavirus. you are welcome to come to indiana don't bring any of the crazy with you. all of the thoughts had you in new york don't get to come to us. we are doing it pretty right here. western new york would benefit greatly. ask pennsylvania what they think about fracking. we talked about what's going on with keystone xl and how it benefits nebraska.

the economic conversation doesn't work because you don't trust joe biden with a plan to build an economy. you only hear from him the things is he going to take away from an economy. and it's stunning to see a lot of mainstream media reporters talk about the economy and what's trump's plan for the economy that was famously asked last week to president trump during a press conference when they're the same ones saying why aren't you listening to the doctors and shutting everything down. that narrative move right there. they don't get it this way they will go for it that way. america is on to them. and they realize joe biden has no economic plan. has never voiced an economic plan. if bernie sanders is the way you bring about an economic plan man we are all doomed. ainsley: tony, always great to hear from you. thank you so much. >> good to see you. glad you are healthy. ainsley: yes, me too. and glad you are. a new fight over faith. the doj urging one state to reconsider social distancing orders for churches, calling it unequal treatment. so, where do we draw the line? the judge is on deck.

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brian: all right. we're back with a fox news alert. a multi-state manhunt intensifying for the college student accused in two murders. ainsley: the fbi now joining the search spanning connecticut, new jersey, and pennsylvania. steve: where is he? todd piro joins us right now live as we are getting a new look at the suspect. todd, tell us about him. todd: yeah, brian, ainsley, steve, good morning to all three of you. pennsylvania state police releasing a picture of who they believe is peter manferdonia. walking along the railroad tracks white t-shirt and carrying a large duffle bag. multiple handguns and rifles the

lawyer says the uconn senior has a history of mental illness it? >> is time to let the healing process to begin. it's time to surrender. you have your parents and your sisters and your families entire support, so, peter, from your parents. we love you. please turn yourself. in. todd: he is accused of killing two people. the first in wilmington connecticut when he attacked to men with a that chety, killing one. on sunday police say he killed his friend in derby, connecticut stealing his car and abducting his girlfriend. she was found unharmed at a rest stop in new jersey about an hour and a half away. connecticut state police shooting down rumors he was captured in the garden state saying, quote: law enforcement partners are still actively searching for the suspect. authorities are reminding the public not to contact him and

instead call 911 if you see him. steve, ainsley, and brian, back to you. brian: all right. todd. thank you very much. let's bring in judge andrew napolitano now is he all over these reopenings and what is legal and not legal. department of justice urging nestled to unrestrict their 10-people in a house of worship as a maximum saying we are concerned they feel as though social distance in a big venue should be more flexible. concerned that the plat prediction against 1flatprohibi. interpermissible and treats religious and not religious organizations unequally than, let say, another event. judge, your radicalization to

the doj getting involved? >> good morning, guys. we are beginning to see a trend on the department of justice. i think this is probably coming from the president himself who basically is sick and tired of a lot of the lockdowns who can't order the ghorchs to stop but who can utilize the tools available to the department of justice to bring these governors to steal in state and federal court. in nevada, for example, 25 and 50 people can gather in a manufacturing facility so long as they maintain social distancing. 25 to 50 people cannot gather in a house of worship as long as they maintain social distancing. that discrimination, that treatment of 50 people in an assembly plant differently from 50 people in a church is impermissible interference with and dispaferg of the free exercise of religion. i would think a federal court in nevada would strike down the

governor's rulings immediately. overnight in california, perhaps in response to what president trump said on friday. governor newsom of california said okay we can open up the churches. 25% capacity up to a maximum of 100. whether our cathedrals in california that hold 3,000 people. where did the maximum of 100 come from? you see, this type of animus against religious worship by the justice department is starting to collapse. ainsley: that's kind after random number when you can hold 3,000 and they choose 100. some of these states weren't even allowing the drive-s in. when you have been quarantined with your family and want to drive up to a church service and stay in your car. that's something i didn't get at all. how does this all play out, judge? >> i don't know how it's going to play out. here in northwest, new jersey, where i am now. the bishop of patterson basically three counties in the

northwest of of the state demonstrated courage. tightest clamp downs on religion in the united states. we are opening. guess what? as of yesterday, 100 roman catholic churches in northwest new jersey all opened up. now, it's up to the local pastor if for some reach there is a cell or tremendous amount of coronavirus in a particular parish keep it closed. guess what? owell over 90% of them opened. cardinal in newark who is on pope francis' side of the church. he has kept millions of catholics from going to church. this local bishop at northwest new jersey says enough is enough. you are beginning to see this trend. just like dr. siegel said a few minutes ago, staying at home is not only going to make you sicker, it's going to make you poorer. it also will make you religiously poorer if you can't

get the sac sacrament. steve: absolutely. you have to figure out how to do is safely in the land of lincoln. the department of justice is weighing in on the really strict orders of illinois' governor pritzker. and they, the doj says, in response to the covid-19 pandemic. the governor of illinois has over the past two months sought to rely on authority under illinois emergency management agency act to impose sweeping limitations on nearly all aspects of life for citizens of illinois. significantly impairing, in some instance, their ability to maintain their economic livelihoods. doesn't it all come down to who gets to decide what's best for illinois? is it the federal government? or is it the state and local governments who decide what is in the best interest? >> well, this is the first time,

steve that the federal government through the department of justice, has gotten involved in litigation against a state governor. now, litigation was commenced by a republican member of the state legislature who points out that illinois law limits the governor's emergency authorities to 30 days with no provision for beyond 30 days unless he goes to the legislature. governor pritzker did not go to the legislature. governor pritzker went to a committee of the legislature which isn't the legislature. committee filled with his own allies. and that committee authorized him to extend his 30 day authority. bottom line, the governor is in virgin legal territory. this has never happened in the state of illinois. and this is the first time the justice department is starting to involved. should the department of justice decide what's essential? should the governor decide what's essential? no, individuals should decide

what's essential. short order cut a luncheth is essential. to say a barbershop a essential. a clothing store is essential. this is what happens when the government takes away our liberties and tries to make decisions for 231 years in america as free people have been making for ourselves. brian: right. judge, i knew by the end of this segment you would be yelling and sure enough i was right. i knew this was right up your alley. thank you for joining us this morning. i appreciate it. ainsley: thanks, judge. judge: where is jillian is she around anywhere? brian: go ahead and toss to her. jillian, take your toss by the judge. judge: here is jillian with the latest news this morning. jillian: oh, i miss you, judge. good to see you this morning. i will see you in person soon enough. let's talk about this. chicago is coming off deadliest memorial day weekend in five years. at least 10 people were shot and killed in the windy city. 31 others were injured by

gunfire. the violence coming in spite of illinois' stay-at-home order. two chicago police officers were also injured trying to break up a large crowd on sunday night. the mayor of pittsburgh ripping vandals for spray painting a world war i memorial on memorial day. the doe boy war memorial seen covered in red paint. the mayor tweeting, quote: this is not pittsburgh. whoever did this please leave today. the department of public works using power washers to clean the monument. police say they are looking at surveillance fit damage to track down the manuals. how about this? a brawl between two alligators stuns golfers, check this out. look at this the gators battling it out near the 18th hole in a course in south carolina. they had jaws locked on each other and kept on rolling around. the golfer who took the video

says the fight went on for two hours. his team just moved along and finished their game. ainsley: when you play golf in south carolina. stay away from the lagoons. brian, we have talked about this. brian is from long island. steve, you know. this did you go down to south carolina a lot. brian, you downer in florida too a lot. they are down there. so you be careful. look how big they are. jillian: i'm not going in the water after my ball. brian: retreat in a serpentine effort. ainsley: i don't know what you said. brian: not important. ainsley: just in time for summer. some states are allowing youth sports to make a come back. how can you make sure your kids stay safe as they return to play? we have tips from one of the top youth soccer leagues. brian's favorite sport in the nation.

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♪ ♪ brian: five states slated to allow youth sports to start up this again this week and more next weekend. relax restrictions in the coming months. while the elite club's national league an organization with more than 200 soccer clubs across the country called ecnl put together their own guidelines for a return-to-play.

joining us with more on that league the dr. drew watson and the chief's medical advisor. what is the challenge of getting kids back on the field? >> thanks, brian. i think there is several. the first is that you have different guidelines in different locations as we were putting this together we were trying to do it in a way to allow clubs to move forward in alignment with local guidelines but still have a way to get kids back out on the field. the most important one is that we're trying to 1/2 galt some risks. the first of course is that we are trying to reduce the risk of covid-19 spread. we also have to recognize that there are significant potential risk to keeping kids isolated and the sports they love. information that physical and mental health consequences to being off the field. as we tried to put this together, we are really trying to reinitiate the process of reconnecting kids to the teammates and the coaches and

the clubs and identity they get so much value from. brian: the coaches have been communicating. small group training at facilities. so, the whole team comes out but you break them up into small units. is that correct? >> yeah. in the second phase what we're recommending is 9 players and a coach is the maximum size group. and that will progressively get to a bigger group, to a full team in phase 3. to try and minimize the risk of exposure between if somebody does get diagnosed or is a resurgence with the size of the group that's out on the facility working together at any time. brian: then have you got the whole group coming out of full team training and five return to local competition. doctor, what time frame are we looking at here a week each phase? because we don't want to do it the cuomo style of snails pace

if the kids are doing to do it all this summer. >> yeah. i think that's such an important question. and one of the things that we were really mindful of putting this together. we recognize that kids right now might be as physically inactive as they have ever been. there is data from our university that their physical inactivity levels in adolescent athletes they where 50% as active as normal. if you rush all those players back to the field we run a real risk of having significant issues with injuries. what we tried to do is build in at least two weeks into each phase so as they enter into phase 2 and begin this limited small group training that lasts at least two weeks. full team training is additional two weeks. when we get back into what we envision is normal training, that encumbers another two weeks. six weeks timeline at a minimum assuming local timeline is accommodated allows us to accommodate the fitness and physical adaptations that make them a little more resill cents

to injury when they enter competition. so oldest coaches might not be watch out. only 3% of the total cases in the country are kids under 18. when they come out, temperature checks, perhaps. when they come out, they might have a little bit of distance. coach doesn't greet them and touch them. maybe says hello and moves back. all suttles like that. it's up to these leagues to do what these guys did at the ecnl come up with own criteria and have a great doctor like dr. drew there thanks, guys appreciate it? >> thank you, brian. >> thanks for having us. brian: coming up over the next two hours. rnc chair ronna m |1 cdaniel and bobby jindal both going to be live. 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

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we will vanquish the virus and america will criticize from this crisis to new and even greater heights. as our brave warriors have shown us from the nation's earliest days in america we are the captains of our own fate. brian: that is so true. president trump bringing the nation a message of hope. star-spangled banner. thank you francis scott key. touting the strength of the american spirit. this as five states ease more coronavirus restrictions today. ainsley: in arkansas and west virginia the bars are we opening

but will face very strict guidelines. and it's back to the gym in ohio. fitness centers and no contact sports are getting the green light there gyms also opening up in broward county down in florida along with the beaches, steve. steve: that is real progress, ainsley down in florida. meanwhile, let's talk about new york city. just a couple of hours the new york stock exchange will reopen trading doors. they have been closed more than 8 weeks. things are going to look a little different when the opening bell rings at 9:30 eastern time. all brokers must wear a mask. and no one will be allowed to close a deal with a handshake. and if you guys were watching the golf a couple of days ago down in hope sound where it was tiger and phil and tom brady and peyton manning, after a good shot, you could tell they wanted to shake hands every time but they didn't because everybody is watching and we have got to social distance. anyway.

welcome aboard, folks. it is tuesday, may 26th, 2020. thank you very much for joining us today. it's my sister cathy's birthday. happy birthday, cathy. let's talk a little bit more about new york state. yesterday the governor was at a memorial day commemoration on the deck of the intrepid air and space museum. and he said essentially, look, all the projections so far have been wrong. don't ask me when we're going to open because i do not know when new york city will open. here he is, the governor yesterday. >> now, people can speculate. people can guess. i think next week. i think two weeks. i think a month. i'm out of that business. because we all failed at that business, flight all the early national experts. here's my projection model. here is my projection model. they were all wrong. they were all wrong. steve: so, when you look at new

york state, seven of 10 of new york's economic regions have reopened. two are going to reopen and go into phase 2 or rather phase one in just a couple of days. that only leaves new york city as not being at phase one. although mayor de blasio has said that he believes phase one will happen in new york city on the first day of june, which is next monday. when you look at, brian, when you look at the "new york post," they have an op-ed, and it says governor cuomo managed to kill grandma and new york's economy as well given the mistakes made with nursing homes where after they were dismissed from hospitals they were sent back into the nursing homes and that was a deadly mistake. when you look at the numbers, new york state has 23,000 fatalities from covid, which is six times the number of california and when you think about the fact that new york only has 6% of the u.s. population, but 24% of the

deaths, you realize new york state, brian, has had a real problem. brian: yeah. they had a real problem and come back and say the europeans came here. we didn't know about it. we have this mass transit system we are all on top of each other. subways and cabs. that's the counters argue: governor cuomo say i'm not going to make projections. if you have to feel the frustration small businesses. 54% of the economy employs small business people. and here in new york we are just waiting. and phase one is not really up of a difference from zero. dr. marc siegel on with steve at 6:15 this morning said, yeah. heres what i think about projections. he also has a "wall street journal" editorial today. >> the governor says he now beginning to figure out mathematical projections don't work. let me tell you why they don't work. it's because they are based on guesses. not based on real numbers. does this mean it's not a virus we should take seriously?

of course not. it means governors, let alone doctors should not be making mathematical projections or making decisions based on guesswork. brian: yeah, i think the governor is like well, we won't get projections. we are all frustrated by what the scientists told us. we are all frustrated by the graph that didn't pan out. when we definitely noticed the seriousness when almost 100,000 americans die. what i took from dr. siegel's math was 0.3%. not even 3%. 0.3%. we have shut down an entire country for 0.3% of those who get it lose their lives. and now countless numbers of businesses are going to lose their livelihoods and countless numbers of ancillary physical and mental diseases will come out of the 10 week shelter at home policy and the release of just phase 1 is very little difference from zero, ainsley.

ainsley: we just need to all follow the rules. do it safely. and remember those that have passed away. every death, obviously. one death is important. and we're all just trying to figure this out together. we want to get back to work but do it safely. we want these businesses to open again because people are hurting. meanwhile, the judge in the michael film case his name is emmet sullivan. he has been critical of michael flynn in the past. doj. he has just hired an attorney. her name is beth wilkinson and she represented kavanaugh. this is what sidney powell who is michael flynn's attorney had to say about it. >> i have been practicing more years than i want to admit publicly. and i have never seen anything like this. despite having gotten writs of mandamus against any number of federal judges throughout my career. it sounds like a telltale heart to me. it raises a lot of questions because there are ethics issues with respect to ex parte communications. is he going to talk to her about

his decision-making process? and the court may not even allow her to appear because they ordered him directly to respond and, of course, he has law clerks that could do that preparation of briefing for him. steve: this is such a head scratcher because usually federal judges do not hire their own lawyers. so what is he concerned about? keep in mind, the genesis of this whole thing is you had the long michael flynn affair and then the department of justice about two weeks ago said to the judge it's time to dismiss the charges against him because of things that have come to light in the past. so he sat on it a day or two and then judge sullivan, pictured right there, he decided he was going to appoint a former federal prosecutor by the name of john gleason to look into whether or not the department of justice was right in dismissing the case. all right. and so then that marinated for a

couple days. last week the court of appeals said that judge sullivan had to respond within 10 days to sidney powell's complaint about why he had not dropped the case. and then the day after the court of appeals comes out, brian, judge sullivan announces yep, i have hired this high powered attorney to represent me. just got to wonder what he is worried about. brian: i don't know, except for he is probably worried, number one. number two is, it's also an additional delay. just okay we are going to name a lawyer. wait for this. and there you make a response. we are going to delay on the response. i think their ultimate goal is to let the whole investigating the investigators just play out to november. they are totally sold that president trump is going to lose and this will never come to light. what i would love to see is love to see sidney powell put michael flynn out in front of us to explain once and for all along with both sides want the text of

the conversation with kislyak. let's see it. what are we waiting for? waiting final move. ainsley: brian, can i ask you a question? brian: final move from ric grenell before he congressman radcliff and becomes the committee? go ahead, ainsley. ainsley: brian, what if the democrats win in november, what happens to michael flynn? brian: i don't know for him in particular, i think it will be a -- i think it will be more of the same more dragging out, not hearing anything, if emerge nothing else around it. what i want to want see after michael flynn is see what is underneath all of this. one all these people fall in line. can't get it until we unhavoc what happened to flynn. ainsley: let's talk about the election. joe biden emerging in public. came out of the basement for the first time in months apes. steve: that's right, ainsley. president trump is taking on the

former vice president over his treatment of china. brian: a policy talk. let's talk about that. griff jenkins has the latest on the war of words between both camps and both parties, griff? griff: hey, brian, ainsley and steve good morning. 70 day sass lot of time to spin in your basement. >> last seen on march 15th. ventured out donning a black mask and laying a wreath with his wife in delaware with his wife jill not making any remarks but engaging brief live with the press. >> how does it feel to be out here for the first time in months? >> it feels good to be out of my house. griff: this as biden looks to move on on comments he made comments on the breakfast club show -- the hill newspaper is reporting biden is shifting his focus to the economy and taking on president trump's signature

issue attacking the president wants handling of the pandemic in slowness in putting the economy on a pat to recovery. meanwhile president trump training his attacks on the presumptive democratic nominee over china. taking to twitter highlighting biden's criticism of his decision to ban flights from china early on and adding, this quote: nobody in 50 years has been weaker on china than sleepy joe biden. he has asleep at the wheel. he gave them everything they wanted, including rip-off trade deals. i am getting it all back. biden has no public events today. we will see if he pops up virtually. the president makes remarks this afternoon in the rose garden with a event for seniors. we will see if he takes any questions there brian, ainsley, steve? ainsley: all right. thank you, griff. yeah. so the trump -- excuse me, the biden team are planning to argue that trump handled the pandemic poorly. mishandled the economy and biden is a better leader and can help the country recovery. and some of his advisors are saying that he really needs to focus on the economy because it is so bad right now.

but, will the voter how will the voter react to this? will they economy over the last three years? look at the numbers in december before this pandemic hit when we had 3.5% unemployment? or will they look at the numbers now going into the election? maybe we will recover. i'm sure we will recover a little bit at least before november. not fully probably because some of these businesses are going to fail. but, how will the voter react to this? will they buy it? when l. they look at joe biden's record on the economy when he was vice president and compare that to president trump's? or will they look at the economy now? here is what tony katz had to say earlier? >> the economic conversation doesn't work because you don't trust joe biden with a plan to build an economy. you only hear from him the things he is going to take away from an economy. joe biden has no economic plan. has never voiced an economic plan. and if bernie sanders is the way you bring about an economic plan. man, we are all doomed.

steve: it all comes down, to and to answer your question, ainsley. i think, you know, the average voter of -- decides who they are going to vote on on how they feel right now. you know, if the election were held today, they would feel much differently than they do in november. of course, the trump team is banking on some sort of a bounce back. a come back. and so, that becomes the argument. look, we were hit by this coronavirus, which we have never seen in our lifetimes and president trump did what he did. and helped us dig out. do you trust him enough to help guide us to a complete recovery, whatever that is going to look like. or you got the biden team saying, look, this guy did not handle the pandemic right. he mishandled the economy. joe biden gave him what he and barack obama did in the recession of 2009. is better suited going forward. so people will decide based on it right then. but you have got to remember, it all depends on the bounceback. and the comeback.

and as long as big states like new york and california continue to shut things down,going to be hard to dig out of the hole. and have you got to figure that's one of the reasons why the president of the yate united states reminding the north carolina governor yesterday unless you allow us to have our rnc three months from right now, then we're going to look for something else to do. that's obviously to try to get him to essentially reopen north carolina or president trump is floating a trial balloon that maybe it will wind up a virtual rnc in some measure, brian. brian: joe biden is not going to want the execute any on what he did with the $800 billion in stimulus package no. shovel ready package. when you do accountant on this nothing for him. ron claim said when joe biden was in charge of h1n1 they got lucky. there was nothing that they did. look back at the politico quotes

as they dug up that story and keep in mind, too. it's small gains but they are gains. truck loads are growing again. air travel and hotel bookings are up slightly. mortgage applications are rising. more people are opening up businesses. if you get some of those blue states to believe in their small business people on their main streets in their state, you will see this economy begin to come out of the ashes. but they are too concerned about who gets credit and what presidential candidate will win in november. meanwhile, jillian mele has the other breaking news happening around the country. hey, jillian. jillian: that's right. we begin with a fox news alert. the family of a college student on the run accused of killing two men is urging him to surrender. >> peter, from your parents, we love you. please turn yourself in did. >> the fbi joining the fbi manhunt for peter man freedonia.

they released this photo of him believed to be walking along railroad tracks. novovax plans to treat 18 to 59 years old in australia. preliminary rurelts slated for july. if phase one is successful. they plan to launch phase 2 in other countries including the u.s. the clinical trial getting $388 million foundation from a bill gates backed group: whitmer, who sparked protests for strict restrictions. recently urged residents not to travel for memorial day weekend. the on or about of a michigan marine that says a man claiming to be whitmer's husband asked to put his boat in the water before the middle school when the marine told him no he said he was the governor's husband and asked if it would make a difference. the boat is docked 200 miles

away from the couple's main residence in lansing. a spokesman for the governor's office didn't deny it happened. they would not address every rumor that is spread online. americans honor those who made the ultimate sacrifice (taps. [taps] jillian: so cool. musicians playing taps from driveways in front lines. playing the somber notes to remember our fallen heroes. #taps across america trending with all the videos posted. ainsley: that is so pretty. taps for america. taps across america. go to that #and then you can see all of that video. thank you, jillian. beautiful. coming up, a legal battle erupting over california's vote

by mail order with republicans calling it a, quote, brazen power grab. rnc chairwoman ronna m |1 cdaniel on that new lawsuit coming up next. if your gums bleed when you brush you may have gingivitis. and the clock could be ticking towards bad breath, receding gums and possibly tooth loss. help turn back the clock on gingivitis with parodontax. leave bleeding gums behind. parodontax.

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brian: republicanning ramping up battle governor newsom's vote by mail calling it a brazen power grab in a new lawsuit here to explain rnc chairwoman ronna m |1 cdaniel. ronna, what's the big deal about mail-in voting in california? >> it is an absolute brazen power grab and beyond that brian, it will inject chaos into the election process in california. what is he talking about is just sending ballots directly to registered voters in l.a. county alone there are 1.5 million more

registered voters than there are adults in the state because california never cleans up their voter rolls there will be ballots littering the streets. if you don't believe me look at what is happening in nevada. we have a website protect the vote thousands of ballots littering mailboxes and garbage can because clark county did the exact same thing sent ballots to inactive voters. not a single state sends ballots to inactive voters. this is frightening and this is why we are suing the governor. brian: usually the secretary of state says this lawsuit is another part of trump's political smear campaign against voting by mail. we will not let the virus be he exploited for voter suppression. people might say the president is not going to win california. but there is a whole bunch of congressional seats that went blue that republicans feel as though they could turn red not maybe if this is allowed to happen. >> so, it's so hypocritical for

democrats to say that they are using coronavirus to try and upend all of the safeguards to election integrity. they filed over a dozen lawsuits in this country to get rid of things like signature verification. how does that matter with coronavirus? we should have signature verification. they want to expand ballot harvesting with strangers going door to door and touch each other and grabbing each other's hands. sending ballots to inactive voters. they are trying to inject chaos. that's why intervened in a dozen lawsuits. brian: one thing that's occupying your time and president has made it clear very impatient with the lack of commitment to allowing him to have the convention there in a way allow people to come together and especially watch his major address at the end. and he says i'm going to pull out and go somewhere else. north carolina's governor came back and said this, a democrat, roy cooper. north carolina is relying on data and science to protected its state's public health and safety. they do not seem enthusiastic

about the possibility of the revenue that could come in with the rnc in their state. what are you hearing? >> we are going to bring a huge revenue uplift to north carolina. the north carolina people want to have this convention. the president is right to say to the governor you need to assure us before we lock in all these hotel rooms and we bring all this revenue to your state that you are going to let us have this convention. i will tell you what, brian, there is a lot of states calling the president right now saying hey, why don't you bring that revenue to our state? brian: and do you think they will -- do you want to see it moved? >> we want to have it in north carolina. the president loves north carolina. it's just the governor. and he has got to work with us. you know, every state we talk to saying we want to nominate the president here. they are so excited to have that. this governor suspect for re-election. he hasn't given us the assurances we need. we need to be able to move forward in a concrete way. we will have those discussions the.

the president wants to have it in north carolina. we love charlotte and love the people of north carolina. that's what we are going for. brian: i know florida would knock over walls in order to do it so they will be ready. ronna, best of luck nut negotiations we look forward to talking to you during this week as this story unfolds. appreciate it? >> thanks, brian. brian: joe biden is in damage control over his comments about black voters. the media has another word for it? >> the apology from former vice president joe biden. >> the former vice president was quick to apology. >> apology. >> apologized. >> he apologized. brian: was it really an apology? think about that as you watch commercials. we will come back and answer it.

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flonase relieves your worst symptoms which most pills don't. get all-in-one allergy relief for 24 hours, with flonase. steve: for the last couple of days joe biden has been walking back a controversial remark about black voters. listen to this from friday. >> i never ever ever have taken the african-american community for granted. i've had their support. i shouldn't have been such a wise guy. i shouldn't have been so cavalier. steve: but media headlines wasting no time reporting it as an apology. >> joe biden is apologizing

tonight for a comment he made on a popular talk radio show. >> backlash tonight and now the apology from former vice president joe biden. >> former vice president was quick to apologize. >> apology. >> apologize. >> he apologize. ed. >> here with reaction media reporter for the hill joe con ca who watches a lot of tv. did he apologize? we heard joe biden say i shouldn't have been so cavalier. i shouldn't have been a wise guy. was that an apology? >> i didn't hear the word sorry. i didn't hear any word, steve that resembled an apology and there were a lot of people offended. this wasn't just a conservative's pounce offended sort of situation. there were plenty on the left as well. including the naacp because, remember, biden also said that the naacp has always endorsed him. naacp had to put out a statement saying no we don't endorse anybody. that's not accurate. so, there definitely was not an

apology here. the coverage, quite frankly, steve, was pretty good across cable news. at least two thirds of it,msnbc, fox news, obviously, covered this pretty extensively even the evening news newscast covered this story. one network cnn didn't touch it for 12 hours. by the time they did speak about it friday night summer holiday weekend most people aren't watching tv including me at that point simply a bias of omission 101 by that particular network. since that time they have actually down played the story. let me read you one headline from cnn. what biden said is outrageous what some say so is the reaction. some say if offended by biden's latest comments they really weren't paying attention to what he is really saying. when they didn't cover it, let's give him a pass here and put it this way. if president trump or any republican uttered anything like that, it would be dogs and cats living together mass hysteria in the media.

steve: yeah. other channels would probably have town halls on that topic right now. when you watch the whole, i think it was a 17-minute interview, with that particular radio show, it seemed like joe biden was just agitated because the host was asking really pointed, hard questions. which is something joe biden simply has not gotten many of over the last couple of months while he has been down in the basement. >> i got to tell you, any radio host or any host or anchor i have seen sharl share char la mn that god. he makes news any interview he has done with elizabeth warren or most recently joe biden. you think more anchors, hosts if they ever do get joe biden from his basement or in person eventually we could ask tough guess and make news outside of

that interview and maybe joe biden talking about sexual allegations sexual assault allegations against him. i don't remember any biden interview that has ever made any news because i don't know quite frankly what joe biden's running on. what's his platform except trump is bad. elect me. i don't know what he is going to do in terms of taxes. i don't know what he is going to do in terms of foreign policy. i wish i could see more questions about that around joe biden. only 150 days until the election. i imagine we will eventually get there until now is he undefined candidate. that's what hurt hillary clinton in 2016. you can't run against the guy and say i think he is a better person. you have to have a message. right now i don't know what joe biden's message is largely because of the questions he has been asked outside of this latest interview. steve: well, he did leave the basement yesterday. is he back in the basement today. joe biden is joe concha who joins us -- joe concha is in his basement right now. for the live report. >> it's texas toast.

like french toast but different. steve: don't let it burn. all right, joe. thank you very much. 25 minutes now before the top of the hour. still ahead a new op-ed argues the slow reopening in democratic states will slow their economic recovery. former louisiana governor eboni jinds jindal says bailin -- bobe it worse. (announcer) carvana's had a lot of firsts. 100% online car buying. car vending machines. and now, putting you in control

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ainsley: today the new york stock exchange will opening trading floor for the first time since the end of march, steve. steve: that is good news, ainsley. things are going to look a lot different when the opening bell rings just about two hours from right now. brian: jack from our sister network fox business is outside the exchange with what we can expect. jackie, what do you expect? it will be feeling and looking a

little different i hear. >> absolutely 100 percent. first of all, remember that the floor has been shut with electronic trading only for about 9 weeks. which is one of the longest closures that we have ever seen in history. just to give you some perspective, closed two business days for hurricane sandy. four business days after 9/11. so this is really a symbol of america reopening here. that's what the new york stock exchange is it's also a symbol of free market and new york stock exchange. now, you mentioned some of those new rules. so let's go through them. no guest, no media. only about a quarter of floor traders are going to be allowed back at first. we're not exactly sure when everybody else will be allowed back. in expect temperature checks at the door. traders have been told don't take public transportation to and from the exchange. also, they are being asked to sign waivers of liability that in the event they should catch covid-19 or perhaps bring it home to their family they can't

sue the stock exchange. some of the firms pushing back on this one. having said that they are going to be wearing masks and social distancing. yeah, that floor is going to look a lot different, guys. ainsley: thank you so much, jackie. let's bring in bobby jindal. >> good morning. thank you for having me back on your show. ainsley: good morning. we are always glad to have you. the editorial board the "wall street journal" has written an article about blue state lockdowns is going to hurt the country's economic recovery if they don't start opening up. how is it looking in louisiana? >> look. louisiana has been hit not only by the coronavirus but also by falling energy prices. i think the "wall street journal" is exactly right. it's time to get the economy moving again. and that's why we are so concerned about the pelosi bailout for blue states. that's just another incentive to keep businesses shut down. we have 35 million americans out of work. it's time to get them back to

work again. steve: governor, when you look at the facts right now. slowest states to reopen seems to all be run by democrats. and while people looking in from different parts of the country are reopening, the part that we are talking about that is slowly, slowly reopening is about a third of the economy. and that is a gigantic portion. >> look, you are exactly right. biden recently said that the coronavirus was an opportunity to fundamentally transform the country and that's what we are seeing democrats do. look at nancy pelosi, she passed a $3 trillion bloated bill in that bill was almost a trillion dollars over $900 billion to help bail out these blue states, these blue mayors and what you are seeing is incentives for them to keep their economies closed. what you are seeing is states like california saying we are going to give millions of dollars to illegal immigrants. billions of dollars to bail out our pensions. had problems even before coronavirus and even in a red state.

one state where the legislature want $200 billion to build a new state house. republican governor put a stop to that exactly right. best thick we can do is help americans get back to work in a safe manner. in that $3 trillion bill there wasn't even $1 towards actually helping america get back to work. wasn't one cent of actually helping businesses to reopen. this is a peteable you saw in the great repression under president obama. instead of helping measures address the real challenges. you have liberal democrats trying to get their wish list. their old priorities and trying to pursue these radical ideas. remember what biden says he wants to transform the country. that's what they're trying to do. more americans on unemployment. more americans are now in food lines. we would like to see americans work in a safe way. let's get them back to work. you don't do that by keeping the economy closed. you don't do this by passing $3 trillion bill with almost a trillion dollars to bail out failed blue states. brian: do you that by people

paralyzed with fear. one out of every four small businesses are dead already. if this continues, they are going to be down for the count. they have no sense. they think it's going to be okay. we will open up the doors it's back to normal. it's not. because of that you formed a super pac to pressure these democrats to give their small business those constituents a chance to get their lives back. how do you plan on doing that? >> well, that's exactly right. look, this is a policy organization. what we are trying to say is let's stop the politicians bailing out politicians. let's actually help the real every day working american people that want to get back to work. we know the democrats all they want to do is to beat trump in november. they are willing to crush the american economy to do it. look, even after we have a vaccine. after we have cured and gotten past this virus. we need to have a strong vibrant economy to come back. to say we won't have that by spending trillions of dollars we don't have. we won't have that by borrowing more money from china. that's why we started running an ad that played a few minutes on your show.

running an ad to remind and educate our voters. republicans, democrats and independents serve as liberals across this country. we don't need to be bailing out failed blue states. we need to get americans back to work. let's stop this nancy pelosi bloated bill. especially let's stop this nearly trillion dollars. over $900 billion to go to states and local governments. the reason they don't have money is because people aren't working. the faster we get people back to work in a safe way. the less money they need from d.c. the other side wants us dependent on government. we want to get back to that strong american economy that trump had created. let's put those small businesses back to work. ainsley: thank you. great to see you. >> thank you. you guys have a great morning. ainsley: you too. let's hand it over to jillian who has headlines for us. jillian: health officials are calling for partiers to self-quarantine after packed memorial day crowds at the lake of the ozarks.

you see it right there. videos showing crowds standing shoulder to shoulder in missouri. st. louis county urging advisory urging anyone who was there to isolate for 14 days. meanwhile the county sheriff is fighting back against claims law enforcement should have stopped the parties saying social distancing is not a crime. a fight for faith brewing in nevada. the doj urging the state to reconsider social distancing guidelines for churches. right now religious gatherings of more than 10 people are banned. restaurants and retailers are open at 50% capacity. judge andrew napolitano joined us earlier and is backing the doj's request. >> that treatment of 50 people in an assembly plant differently from 50 people in a church is an impermissible interference with and a disfavoring of the free exercise of religion. jillian: president trump has

deemed religious services essential during the pandemic. and now some trending stories on foxnews.com. first up, the director at the wuhan china lab where it's believed covid-19 originated claims the virus is, quote, the tip of the iceberg. the researcher warning the world will face more pandemics unless it finds new viruses, quote: before they find us. next, three boys were hospitalized after they provoked a black widow spider so they could become spiderman. they have since recovered. finally the first man rocket launch on u.s. soil in nearly a decade could be delayed. if they delay the rocket 9 launch it will be rescheduled for saturday. fox news app. send it back to you. steve: they have had a lot of weather down there in florida. and janice dean joins us now from the weather buncher with a look at your "foxcast" for this tuesday. hey, j.d. janice: showers and thunderstorms across the plain

states. let's talk about florida. because we have a tropical distemperature bans just off the coast. we don't think this is going to get a name of the however, it's going to bring the threat for heavy rainfall across the east coast of florida, including cape canaveral where we have that launch that is expected to happen at 4:30 tomorrow on tuesday. we're going to see showers and thunderstorms in the area unfortunately during the window of opportunity. so the chances are, i would say, 5050 that we're actually going to see this happen. it will probably, in my guess, be postponed until saturday. and then the system is going to move towards the mid-atlantic and bring quite a bit of rain towards the carolinas and virginia. so, we're watching that story, that developing story as well as another story across the west coast, extreme heat is back with temperatures well above 100 degrees for the rest of the workweek in some of these areas that you see in the bright shaded red. steve, ainsley, brian, back to you.

brian: all right. janice. thanks so much. meanwhile the future of schools is up in the air for the fall in some cases. but two small business owners say classrooms need to be open. or their company will close for good. they will join us next. there he is. oh, wow. you're doing, uh, you're doing really great with the twirling. dad, if you want to talk, i have a break at 3:00.

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>> as the end of the school year nears what's up for fall? many uneasy about their futures. next guest small business owners devoted to keep businesses active all year long but struggling with kids out of the classroom and many summer camps canceled. get fit for kids and co-owners of mind escape corey and stephanie. thank you so much for being with us. >> hi. >> thank you for having us. ainsley: stephanie, i will start with you. tell us about your business. >> i am a former public school teacher and i had a -- when i had to quit, i decided to start my own tutoring business and so now i privately home school students in different areas in south florida and i go to their homes and teach everything that they need to know from grades k through 12. ainsley: are a lot of people

hiring you now that the kids are out of school? >> they are. i'm pretty busy. so, i have to take more people on and help them with that but kids need their education. it's the number one priority in this generation and progression of schools being closed so it's really important. ainsley: corey you all own get fit 4 kids. tell us about this company and how the coronavirus has affect affected. >> get fit 4 kids. have a right schools in 40 locations. when the schools closed down pretty much shut down the business. i was hoping for summer camps. got the word that summer camps are closed, too. i'm looking forward to the fall and hopefully school is open and we'll adjust and follow the guidelines that we need to. ainsley: i know you got the ppep loan. hopefully. so businesses will come back. hopefully our kids can exercise and socialize a little bit and do it safely.

how important is that for children. >> children need to run around, have fun. i'm sure they are inside the house now. whether that's siblings or not, they are probably watching t. have a lot. so, you know, any kind of active fun woul would be great going outside, running around with my son. i go outside and take him to the park. run around with a soccer ball. they have fun doing anything active. ainsley: what are your concerns as a teacher and i know have you two kids that are at home. you don't have child care. you are trying to work and tutor people. we don't know what's happening in the fall. >> it's really scary for a lot of parents. they don't know if they're going back or not. so, they don't know what to do. they are not teachers and typically they have issues with the digital online learning. so i get a lot of phone calls with how can i implement the curriculum at home? they are really scared of regression which is a really big deal for everyone. and so i'm getting a lot of calls and feedback that the curriculum is hard for parents

to adjust themselves. and i get called for advice on what to do. they are not sure of you who to teach certain things. so that's really big -- my biggest thing to helping my friends and family and mothers across florida. ainsley: those are all of our concerns. thank you so much. i wish you have all the best with your businesses. corey and stephanie, thanks for being with us. >> thank you. ainsley: we have senator marco rubio from their state from florida. and white house press secretary kayleigh mcenany. ary people in the healthcare community, working to care for all of us. at novartis, we promise to do our part. as always, we're doing everything we can to help keep cosentyx accessible and affordable. si ...

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leave bleeding gums behind. parodontax. brian: americans across the country returning from the memorial day weekend like no other and getting back to business five states easing more coronavirus restrictions, today west virginia, bars are reopening but will face strict guidelines ainsley. ainsley: and yes, brian it is back to the gym in ohio, fitness centers and no contact sports are getting the green light and gyms opening up from broward county florida along the beach, steve. steve: that sounds good so far so good. meanwhile a couple of hours the new york stock exchange just about 90 minutes from right now will reopen its trading floor it has been closed for more than eight weeks. but as we have heard, things are going to look a lot different when the opening bell rings. all brokers must wear a mask and

nobody will be able to close a deal with a handshake. welcome on board folks. it is tuesday, may 26. you're watching fox & friends hour three, brian? brian: all right let's bring in gop senator marco rubio, chairman of the senate intelligence committee as of now and also on one of his subcommittees when he's the ppp program wrote a lot himself but first things first, senator the wall street journal headlines says the blue state lockdown blues, it's a slow reopening in liberal states. they will tell you, well we've been the hardest hit. i sense politics what do you think? >> well that's obviously hard to prove what the intention is behind because it's a public health matter. i'll say this though. i do think that it's good that it's happening at the state level because people could take that into account at the ballot box and the pressure they put on their local officials and i think all of that ties into why its been smart by this

administration to allow every state and communities within those states to make the decisions that are best for them ultimately the people of new york or the people of some other place want to be locked down for long periods of time then they can support their elected officials and other places could make different decisions. so i'm not going to question anyone's motive. i'm just going to say ultimately what we all should agree on is that we've now entered that period where we have to learn to sort of deal with what we have, try to mitigate and minimize the damage, protect the most vulnerable and continue to work on developing the vaccine so that we can solve this problem. ainsley: senator we've covered so in majority it stories of people leaving new york and california these high tax states to go to texas to down to your state of florida because of the tax situation down there. how do these blue states that are going to shut down and continue to shut down how do they bounce back? do taxes go up in the state or will the federal government bail them out? >> well i don't think the federal government is in a position to be bailing out jurisdictions whether it's a county or a city or a state that makes bad decisions in the

past. i think the one thing i'm open about and i think the white house has spread flexibility on as well is there is abase line of ongoing operations and you need police officers and sanitation workers and the basic services of government and that's hurt by the downturn. we don't want these cities laying off police officers that's one thing, when you separate that from a city or state that made bad decisions over the last 10-15 years they have a huge debt coming into the crisis a pre-existing problem that is not something the federal government should be bailing out. steve: well you know, a lot of people are looking to washington for another rescue plan. i was looking at some of the e-mails today and they said that i saw one e-mail from a viewer who said that they really were appreciative of the $1,200 they got from the government and they were wondering if anything else is heading their way.

i know you feel like in the next round, they should address small businesses and in particular, perhaps minority businesses that have been really impacted by this covid-19 pandemic. >> yeah, so minority small businesses are disproportionately within industries that were badly hurt by the closedown, whether it's restaurants or the service sector and what have you, and so i think that's why you're seeing those numbers but i think that we're entering a period now because every state is different in what they're doing but many places are beginning to open up you have people operating, they're open but at 25% capacity or 50% capacity but their rent is still at 100% for example, their overhead cost is still 100 % so i think we're transition ing into a phase where to the extent we do more and i think there will be more done, it should be about helping small businesses restart their operations, get going in the early days where maybe the cash flow won't be there to restart and that's very different from where we were eight or nine weeks ago. that's why i think its been smart to take a pause, see how this thing is evolving and developing so that whatever we come up with works, when it's finally becomes law and we're

not solving today's problem and by the time we get to tomorrow it's turning to something else and what we wrote doesn't apply. brian: senator you have a lot of expertise one is in foreign policy and you along with tom cotton has been strong on china as anyone, even before this whole coronavirus. now, we understand that china is threatening a new cold war on us , warning us we better back off and also going up to australia saying they will feel more pain with a chilling new threat against australia, first with iron, and then different types of trade activity between the few countries. is it time for the trump team to step in for a valued allie and say we have your back right here , and kind of send a message to our other allies that you don't have to be intimidated? >> yeah, and i think they are and it's not just australia, obviously they've been very forward-leaning and we need to do everything we can to be supportive of them, but india has had a number of border skirm

ishes with china and the last couple of weeks other countries in the region, new zealand, japan has been an ongoing issue as well with regards, so so i do think it's important for us to invest in that four-country alliance with japan, with india, and australia included in that mix but you know look this has been par for the course under very very aggressive and this administration is finally standing up but they've gotten away with this for a better part of a decade leading up to this moment and culminating what we're seeing in hong kong. ainsley: so the obama gate controversy is continuing to escalate and congressman nunes is other republicans are broadening their investigation into the special counsel robert mueller. he says fresh criminal referrals are imminent and he also said this. >> we've also expanded our investigation into the mueller team, and everything that happened with mueller and the

people at doj and fbi that were above mueller, and so we will be making criminal referral s in the coming weeks against the mueller team. we're just now putting that together and of course always as always waiting on more documents that we really need to come out and thankfully, ambassador grinell, the acting director of national intelligence, thank god got a lot of this information out because the public really needs transparency in this. ainsley: senator criminal referrals what does he mean? >> well i need to ask him exactly obviously we're not privy to the information he's referring to and the senate before i became the acting chairman of intelligence the judiciary commit tee under linda nounsed a series of hearings on this very topics, the whole investigation how it was conducted and so fourth and that's probably the right place because they were talking about the fbi and elements coming out of the justice department that is primarily under the jurisdiction of the

judiciary committee, so linda nounsed a pretty aggressive schedule of hearings, i think they will be public and start next month or in june and so it'll be before the american public and i imagine he's looking at many of the same things as well and their investigations. steve: speaking of the mueller team and the fbi senator what do you make of the fact that the michael flynn case right now is sitting in the courtroom of judge emmitt sullivan and it was announced i believe late on friday, that emmitt sullivan who was told by the department of justice to go ahead and drop the case against flynn, he has since hired a former prosecutor and now, to investigate whether or not the department of justice was right in suggesting that but now it's revealed that the judge himself has hired a high profile, high powered washington d.c. attorney by the name of bets wilkerson to represent him. why do you think that the judge suddenly needs a lawyer?

>> yeah, i have no idea. look, the way that whole thing is played out, where a judge decides to review this matter and kind of take it into an alternative route is very unusual to say the least, and i think there's another point that needs to be made about this whole situation with mr. flynn and that is that information that became, that individuals in the previous administration became privy to was leaked to the media. someone took information that was classified and decided to leak it through a reporter, to further a narrative and that's actually been a process that i think has been tremendous damage to the fbi and the intelligence community. those leaks and that behavior along with some of the other things documented in the report by the inspector general on the justice department and the fbi have done tremendous damage to the credibility of those agencies and it's unfortunate because the overwhelming majority of the people in the fbi don't behave this way but a handful of people in important positions obviously did things that has now caused great harm to the reputation of the fbi and the

intelligence community and it's something that needs to be repaired and i think repairing it begins by holding those responsible for that sort of action accountable. brian: and the thing is i hear the new york office in particular was outraged by the seventh floor actions in washington, i'm surprised that we didn't have more whistleblowers coming forward but let's talk about what's happening at 12:45 eastern time today the president will swear in and participate in the swear in of john rad cliff as the new dni. what impact can he have over the next six months or at least four and a half years? >> yeah, i think radcliff is going to do a great job and this is a very smart, serious, very decent person and at the end of the day that position overseas the 17 individual agencies involved in intelligence collection in this country and that's a very important role. make sure that everyone is focused on-the-job of the intelligence community which is to be involved in operations, to gather information and to

analyze information and to provide that analysis and information to policy makers so policy makers can make decisions that is the job of the intelligence community that's what it does when it's doing its best. that's what most of them do every single day and that's what he is going to be able to operationalize i think bring some sense to and i think this is a great appointment and i'm glad we got him confirmed and happy he will be on-the-job today at 12:45 because i think that he will do a very good job in that regard and i'm excited about the fact that he's going to be taking over that important rolement ainsley: you know even if he's the best person for the job, it's just so interesting how you all are so divided. the republicans are on one side, the democrats are on the other, ratcliffe's confirmation marks the vote since the position was created in 2005 no nominee has ever lost more than a dozen votes and that was voted straight down party lines 49-44. senator thanks so much. >> it's a sign of the times. thank you. ainsley: it really is. thank you. let's hand it over to jillian back in the studio with headlines. jillian: good morning and we begin with a fox news alert.

the family of a college student on the run accused of killing two men is urging him to surrender. >> from your parents we love you. please turn yourself in. jillian: the fbi now joining the multi-state manhunt for peter manfredonia. pennsylvania state police releasing this photo believed to be him walking along railroad tracks. joe biden emerging for the first time in months appearing at a memorial day event in delaware. biden has been doing interviews and campaign events from his home basement in delaware since march 15. >> bethlehem's historic church reopening to visitors overnight and the church built where christians believe jesus was born closed in early march due to covid-19. it was unable to reopen for

easter mass which normally attracts tens of thousands of worshipers right now only 50 people are a you allowed in at one-time and face coverings are required. >> a mother in idaho sharing a few seconds of sweet grace caught on camera, an amazon driver seen praying in front of her door for her son after dropping off a package. she has a sign on her door thanking delivery drivers for what they do. she avoids going out during the pandemic because her eight month old as medical needs and he later learned this wasn't the first time the driver prayed for her son. those are your headlines i'll send it back to you. steve: that is great jillian thank you very much. it is 8:13, here in the east. meanwhile new york governor andrew cuomo deflecting blame for his state's nursing home crisis. >> new york followed the president's agency's

guidance. steve: but tammy bruce says the governor's explanation makes no sense. she will explain, coming up, next. this is to all who are putting their energy into helping others. 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

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this year, it's critical that you participate in the 2020 census. it's safe and confidential. let's make sure everyone is counted in our community. for more information, say "census 2020" into your x1 voice remote, and to participate, go to census.gov. >> the republicans are saying well, new york did this. new york followed the president 's agency's guidance. that's not my attempt to politicize it. it's my attempt to depoliticize it. brian: new york governor andrew cuomo deflecting blame over his states nursing home crisis that killed almost 6,000 after sending more than 4,500 covid-19 patients to nursing homes and

over 5,900 people died in those facilities accounting for 25% of the deaths statewide here to weigh in is tammy bruce, tammy, he's trying to get politics out of it by blaming the president's cdc. is he right? >> no that was a lie. this is what's so obscene about this dynamic the number you mentioned gives people perspective. almost 6,000 people in nursing homes, twice the number of september 11, and this guy issued an order that was the opposite effectively of what the cms, part of the federal government, issued regarding guidance for nursing homes. they specifically said that in fact if someone is very ill, they should be removed and put into a hospital. the dynamic where a nursing home could accept someone was if what

they would want is that if they happen to be in a hospital where there was a covid case, not that that person was the patient, and then at the same time, of course , at the same time when he issued his march 25 guidance,cuo mo, he also had the rule that visitors and family would not be allowed inside in the name of stopping the spread of the virus, and yet had an order where he prohibited nursing homes from being able to know if someone had the virus, brian. he made it impossible you were not allowed to test or ask. brian: so you died alone. here is the directive, from march 13 that you're referring to. "a nurse can accept a diagnosis with covid-19 as long as the facility, nursing home i should say, followed cdc guidance if a nursing home cannot it must wait until these precautions are discontinued" so if you can't isolate the patient, then you can't take the patient. it's not discrimination. clearly they weren't able to isolate because once these patients went through like an i ed inside these homes.

>> and on top of that, brian when he issued his guidance and then in april, he initiated an investigation into the nursing homes and even when he reversed himself finally on may 10 after six weeks and thousands of deaths, he then again implied that it was the nursing home fault and that they were going to be under investigation. this is another reason by the way when he issued this order it was effective immediately it gave nursing homes no warning, they did not have even the time to prepare if they thought they could, and they treated all nursing homes the same, so then they were under the burden the nursing homes owners thinking they were going to lose their license if they didn't do this and the guidance said that you have no choice, you're not allowed to know, you're not allowed to test , and it's an extraordinary thing when now you've got cuomo blaming at one point god saying it would have happened anyway now blaming trump, and imagine being the person who set up a dynamic

where you have thousands of deaths and you just are deciding to point fingers elsewhere and these are the same people who are still making life and death decisions for new yorkers, the same problem existed in new jersey who pretty much copied cu omo's language but here the same people, and walking along, making orders, and deciding on life and death of new yorkers. it is obscene and it remains shocking and it's getting worse. brian: and he's not been proactive in opening up this city, not been proactive in opening up these regions phase i is nothing almost nothing to impact people's lives. he's going ridiculously slow even though the devastation has been the crime but it's certainly real. >> it's like he hates the city. brian: i know he hates the mayor, and that's not

helping. tammy bruce, her show is on fox nation. >> thanks, brian. brian: straight ahead, president trump slamming joe biden over china. is he right? newt gingrich wrote the book on china's threat to the u.s. issuing a reaction next from italy.

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brian: president trump calling out joe biden over his past record and response when it comes to china ainsley. ainsley: yeah, he did, in a tweet the president wrote nobody in 50 years has been weaker on china than sleepy joe biden, he's asleep at the wheel. he gave them everything that they wanted including rip-off trade deals. i am getting it all back, steve? steve: all right, ainsley here to weigh in, fox news contributor and author of the upcoming book, trump in the american future, newt gingrich let's zoom him via skype he is joining us from rome mr. speaker good morning to you, thank you very much so what do you make of this particular approach the president is taking to hit biden over he and barack obama have messed up everything regarding china? is that going to resonate? >> first of all the president's right. back looking at i think 2013 agreement that biden and

obama made which allows chinese companies to raise money in the u.s. without the same accounting standards as american companies so some american investors have lost billions of dollars because some of these companies just plain lie. that's an obama-biden mistake which i think is going to be corrected by trump, but gives you an example of how much they gave the chinese. in addition, biden has this little program at the university of pennsylvania which refuses to tell us how much of his money comes from china, and we know that the chinese have been out trying to buy a variety of universities many of whom are fighting the effort to find out where their money comes from and then the chinese have been playing this game. biden has been part of that kind of world and i think to be honest he said himself, we don't have to be afraid of the chinese we're not ever going to be a threat to us, that's his own quotes and you realize this is a

guy who sees the chinese communist basically as really good business partners and of course, with his son hunter biden they may have been really good business partners. we still don't know all of the details. brian: if you want to go at joe biden if he wants to go at president trump on his economic principles, it is now. he didn't do a tax break for the rich. he did a corporate tax break for a lot of working corporation s it was the highest in the world from developed countries so he could do it that way but newt, you have a guy on energy, who wants to ban coal. he wants to stop offshore drill ing, and he wants to stop fracking. basically, you lose every battleground state if the president can effectively outline what joe biden stands for , let alone what he stands for when it comes to china, correct? >> well not just that. you lose every single state where people drive cars. you lose every state like new hampshire where they use fuel oil. the biden program which is directly from the hard left is

basically you could have a terrific environment if nobody went to work nobody had a job nobody ever drove a car and so when we kill all the industries that have made it a successful country. i think if biden really wants to pick a fight with trump over the economy, that he has just gone down an ally that makes no sense at all. all we have to do is look at the obama-biden eight year unemployment level and the trump four-year achievement and ask yourself which of these two do you think works better, and the polling numbers are the people trust president trump to bring us back out of this mess much more than they trust biden, when you ask them about this. ainsley: so you don't think that's a wise move for him to, see because think about this , the economy was doing so well before corona. that was one of trump's strength s and then corona hits and biden will use that saying look at the economy now so many people unemployed. >> yeah, right but here is the

problem. in the red states, where you have pro-trump governors they're opening up. in the blue states like new york , where cuomo is a total disaster, the gap between how many jobs we created in the red states and how many jobs we kill in the blue states by september will be amazing, and the fact is there is no excuse for any of the states to be closed up and a report came out of stand ford that we're better off for example, to go back-to-school in september, period, and the report that absolutely opening up every kindergarten, every k-12, putting kids back in school, immediately. i just think that in the blue states where they follow old time liberalism and where politicians like cuomo want to have power without accountability they will have a weak economy and in the places where people understand what trump is doing and they want to have a real life and real jobs, i think they

are going to do well that'll be one of the most vivd gaps in american history and i think it'll teach people a lesson about what works and what fails. steve: mr. speaker, you know, they moved the goal post. initially it was flatten the curve and we flattened the curve and now we're on back side of it but yesterday, governor cuomo said regarding staten island, staten island would like to reopen but because they've met seven of the state's metrics for reopening but november gordon chang c said no, because staten island is part of new york, a lot of people work in new york, and so absolutely not, and even though new york state when you look at new york state, there's a sharp decrease in the number of cases and hospitalizations which is what it was going to take to reopen so it was like all those metrics have been met and yet governor cuomo just goes no, not yet. >> let's be honest and you had tammy bruce a few minutes ago.

no one has been more dangerous for senior citizens than governor cuomo. he plain out lies when he says he was following the center for disease control principles. i've got a copy of them. i know exactly what it said and he did not follow the guidelines people have died because of his bad judgment and if he doesn't reopen the state, more people are going to die because of cuomo's bad judgment. it's obscene to have somebody this ignorant, with this level of power and listening to nobody you have to wonder other than his brother late at night when they're playing games on television, his policies make no sense, who does he listen to? and by the way, those states right around new york, that's the center of people who are dying today in america from covid and all the rest of the country is making tremendous progress, but new jersey, connecticut, massachusetts, new york, and frankly, washington

d.c., those are the disasters. brian: hospitality jobs disappeared in new york, new jersey, and 41% have been lost in new york and 27% in new jersey, what they're doing is keeping people scared to death to do anything therefore they won't pay politically. when people start looking at the stats and understand what the real fear is, and understand what has been going on here, hopefully we'll put politics aside and people will vote how they've been deceived. thanks so much for joining us. >> glad to do it, thank you. ainsley: thank you. brian: you got it meanwhile straight up president trump says america will come back together to beat the virus. president trump: as our brave warriors have shown us from the nation's earliest days, in america we are the captains of our own faith. brian: white house press secretary kayleigh mcenany on the president's message. that story, next.

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president trump: together we will vanquish the virus and america will rise from this crisis to new and even greater heights as our brave warriors have shown us from the nation's earliest days, in america we are the captains of our own faith. no obstacle, no challenge, and no threat is a match for the shear determination of the american people. this towering spirit permeates every inch of the soil beneath our feet. ainsley: let's bring in kayleigh mcenany the white house press secretary, that was the president, good to see you this morning that was the president yesterday remembering our fallen heros.

why was that message so important? >> it is incredibly important. there's so many great american service men and women who paid the ultimate sacrifice who laid down their life for this country , and this president honored those men and women yesterday, now we're fighting a different kind of war , a war with the invisible enemy and once again, american service men and women have rose to the occasion on the comfort and deploying and fighting this virus head on. this is an amazing country and we owe it all to the men and women that gave their lives to the values we hold dear. steve: one thing about the pandemic, kayleigh is the fact that the president essentially turned over to each state the reopening to the governors, and certain states are slower than others. you look at nevada where they are currently when it comes to church gatherings and houses of worship you can have no more than 10 people gather at any one place. now the department of justice is urging them to reconsider that

and in fact, there's a letter that went out to the governor from the u.s. attorney the district of nevada that read s we are concerned, however that the flat prohibition against 10 or more persons gathering in-person, worship services regardless of whether they maintain social distancing guidelines treats religious and non-religious organizations unequally. has the white house heard from faith leaders about this push to reopen churches? >> yes, and the faith leaders want to reopen their churches. as the doj said in another statement of interest, there's no pandemic exception to the constitution and to the bill of rights. i went to church on sunday i was happy that for the first time, church that was nearby to me reopened i went to mass. everyone was socially distanced and disinfecting the priest hand sanitized before he handed out communion it was the exemplary way i think of a church or a mosque of synagogue can reopen

so this can be done safely but when you have states like virginia penalizing 16 people for gathering in a 200-person church these were sex addicts and drug addicts who depended ongoing to their church and they're penalized where there are large gatherings in the home depot parking lot. it's unfair it's a burden on religion and free expression of worship that's embedded in our first amendment and just to note in mississippi where people were fined for attending church in their cars? this is not the american way. brian: so kayleigh, on friday i think it was, you gave your press conference you said hey i'm going to run down a list of questions you guys just don't even ask me and then you ran through them and left and i think a lot of people was stunned by that a lot of people applauded it but the one thing you did say is make a comment that people some of you don't care whether these churches open or not and some of the press got insulted in fact chris walla

ce said sunday, let me just say me and the reagan white house we were pretty tough on white house press secretaries. we never had a religious beliefs questioned or lectured to what we ask. i would have been pretty tough if i was there and heard that. were you questioning the religious belief of the press? >> no i never questioned the religious beliefs of the press. many of our journalists are great men and women of faith and differing faiths whether it be the jewish, christian faith, the muslim faith what i was saying is i was asked 11 questions as to why churches be allowed to reopen it was a bit your to be asked these 11 questions in a row and for the focus solely to be on why churches are essential, i've never been asked why a liquor store was essential so i was merely pointing that out and to the point about questioning the journalists asking why they aren't asking certain questions i field hundreds of questions a day. journalists are not above being questioned themselves. journalism is a great and nobel profession but there's been a di rth of journalists asking the real questions for president

obama, the leak of michael flynn 's identity who leaked that identity the dossier used to launch a three year investigation into this president to spy on his campaign why aren't those questions being asked? it's journalistic malpractice not to ask those questions and i can count on one hand the journalists who are like maria bartiromo and katherine he rrige, but where is the lack of curiosity from the current press? ainsley: okay so in north carolina the president said he was thinking about moving the convention to florida, possibly texas, possibly georgia the governor of north carolina, we were waiting on him to respond and he said he's not giving an immediate answer as to whether or not we'll have full capacity there, right now they are in phase ii that means only 10 people can gather together clearly there are a lot more than that at the convention, so what's the latest on that if the president, if you guys have signed a contract, the rsv rnc signed a contract with the state of north carolina and already given their word and commitment can you get out of those contracts? >> i'd leave that to the rnc and campaign as to the direct

state of play but the president was very clear in his tweets he wants to see this convention happen. he wants to guarantee that in fact it will from the state of north carolina and this president has done so much good for the american people i've seen it firsthand and have the honor of watching him work hard to get america through this and he wants the convention to be an opportunity to share the good news with the american people. steve: so kayleigh, is the president trying to force the governor of north carolina's hand in reopening more of the state or is he floating the trial balloon, maybe it's more virtual than in-person? >> yeah, you know the president wants to share that politics is not at play and determining how and when the convention can work he wants to make sure a democrat governor is not putting in place extraneous restrictions that would prohibit him from having the convention and holding it and sharing as i said, the good news of america reopening and america overcoming what was a devastating pandemic. brian: kayleigh, the other

thing be devastating for north carolina in particular, the hotels, the restaurants, the transportation, the latest major travel-oriented company hertz to declare bankruptcy. how much pain does the north carolina governor want to put their businesses through? >> and that's just it, you know you hit the nail on the head brian. dr. fauci said we can't cause harm by permanently closing this country. there are real consequences. there are cancer diagnosises that are missed. there are people that are falling into depression and suicide. there are consequences to keeping this country closed so that's why we encourage every governor from the governor of north carolina and many others, the governor of illinois to make data-driven decisions smart decisions but as the president has always said don't let the cure be worse than the problem. ainsley: it be nice for everyone to go and check out the carolinas and see , you know have that opportunity to go to charlotte because it is such a beautiful city. thank you so much, kayleigh great to see you. >> thank you good to see you.

ainsley: you're welcome 46 minutes after the top of the hour and still ahead the power of faith. how a tennessee pastor and his congregation are helping bring small businesses back from the brink, but first let's check in with ed henry. ed: great good morning to you, ainsley, president trump is warning china about a tough response that the crackdown in hong kong continues, john kennedy has some thoughts on how to hold the communist government accountable joining us at the top of the hour and your 401 (k) is poised for a big rebound with dow futures pointing for a major rally, and larry kudlow on the next big steps coming in the bounceback, and money man charles payne on why blue state governors may be hurting the recovery by keeping things shut plus mark cuban and mark siegel, when you join sandra and me top of the hour. now, simparica trio simplifies protection.

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ainsley: we're back with quick headlines a cafe shut down for hosting a large crowd on mother's day is suing the state of colorado. the owners of cnc cafe claimed that the governor is the health department violated their constitutional rights. their license was suspended

indefinitely after defying the states stay-at-home orders the governors office has not yet commented. >> michigan's governor is taking heat after her husband's reported boat request, and whitm er, who sparked protests for imposing strict covid-19 restrictions urged residents not to travel for memorial day weekend but the owner of a michigan march marina says a man claiming to be her husband asked to put his boat in the water before the holiday and when the marina told him no the man said he was the governors husband and asked if it makes a difference. the boat is docked nearly 200 miles away from the couples main residence in lansing. a spokes juan for the governor office didn't deny it happened but only said they would not address every rumor spread online. steve? steve: all right, ainsley, thank you. churches in the state of tennessee coming together giving over $12,000 in collection, to small businesses impacted by the pandemic. joining us right now, small business owner jenna romo of chic artique and senior pastor tim suttler,

good morning to both of you. >> good morning. >> good to see you. steve: it's good to see you pastor let's start with you. i understand faith leaders in your area got an e-mail from the city manager that said pray for our small businesses, and you started thinking about that, and that's essentially where this idea came from, isn't it? >> yes, you know churches give by their nature they give and they try to help out their neighbors, and honestly, as we were thinking about people perhaps going to be unemployed or these businesses closed, we knew that we might have to up our giving to help pay for their rent, or help feed their families and i literally woke up the next morning thinking why would we wait until then if we can help them stay open, then they can keep their employees employed and they can continue to provide goods and services for our community and perhaps keep them from being unemployed. steve: that's right and so you put your heads together and you figured out all of the money from this week's collection is

going to go to small businesses, you raised $12,000, and $5,000 went to a cafe, $2,500 went to a hair salon, and $5,000 went to c hic artique, and jenna, that's your business what is this money going to do for you? >> well we had a stack of bills accumulating after being closed for seven week, so we were just so grateful and blown away that a pastor would have a heart for small business in the area, and we're just in credibly grateful for what this means, and being able to pay some bills we were behind on is basically what we used it for. steve: so jenna before you heard from the pastor, i understand the day before you laid out all your bills on the table and you prayed over them, because that is something you saw your parent s do in 1980s during a financial crisis for them back then. tell us that.

>> well, it was actually my husband we had our online church service since we're not going to church right now due to our church being online only and my husband pulled out all of our bills that sunday morning i believe it was may 3 and we pray ed over them and told my daughter the story of his mom doing that when he was a kid and so we prayed over all of our businesses, and just have an incredible peace and the next day i got the call we didn't even know the church was giving away the money but the next day i got the call that we were the recipients of the money and when they gave us the chuck for $5,000, we were just blown away. steve: no kidding and pastor i understand you don't actually select the recipients it's done by a third party. you have changed so many lives by doing this , you know that. >> well we have, our folks who have been very generous and very kind and we see that the church gave to whoever had need and right now we are very thankful

for small businesses. we really appreciate these folks like jenna making an investment in our community, and there's no need in us sitting on a rainy day fund whenever our neighbors are going through their rainy day right now so our folks were really generous. steve: they are indeed. all right thank you very much for joining us right now, pastor >> thank you. steve: a real pleasure. we'll step aside. we'll be right back. we can't offer much during this time of crisis, but we can offer what we have. so from all of us working early mornings on the farm, long days in the plant, or late nights stocking shelves doing all we can to get you the milk you need. we hope it makes your breakfast a little brighter. your snacks more nutritious. and reminds you when it comes to caring, there is no expiration date. milk. love what's real.

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>> dvr for 6:00 a.m. every mall morning so you never miss a minute of fox & friends. >> sandra: fox news alert, the fbi now joining a multistate manhunt for a college student wanted in two murders. a police warning that the university of connecticut sr. is heavily armed and dangerous. good morning everyone, i'm sandra smith. >> ed: and i'm ed henry. peter manford dorney was last seen in pennsylvania walking away railroad tracks, that was sunday. police believe he murdered a 62-year-old marine vet and another man before kidnapping that man's girlfriend. she was later found it a rest stop in new jersey. a lawyer for the suspects parents now making a public appeal for the suspect finally turn himself