skyscraper. >> catch brian on the radio after the show. who is going to be on your show? >> lara logan leading and michael waltz one of our guests. i'll use the time to say. >> another three hours, brian. ♪ >> bret: chaos outside a portland courthouse. protesters refusing to leave prompting police to call it a riot. this own 56th straight night of demonstrations in that city. good morning. i'm bret baier. >> melissa: i'm melissa francis. sandra smith is off. portland mayor ted wheeler was caught in the middle getting teargassed along with the crowd. earlier the mayor pledged solidarty with the protesters but he got a mixed reaction.

>> i'm here tonight to stand with you no matter what. [cheering] >> bret: dan springer has more from seattle. good morning, dan. >> good morning, bret. portland mayor ted wheeler was at last night's protest for several hours but it didn't go as he was planned. he was shouted down when he tried to speak. >> if we are not able to get the federal administration to back off and leave our city, it will happen all across the united states, jeopardizing our united states constitution. >> wheeler got a front seat at the violence. in fact, he got hit with teargas, along with others in the crowd. when protesters were trying to destroy a new fence put up around the federal courthouse yesterday, arsonists set fires. some threw fireworks at federal officers and they responded with many rounds of teargas and

nonlethal ammunition. after getting hit with teargas, wheeler's security team tried to get him out of the area and took him in the city building a few blocks away. after the city passed an ordinance banning the police department from coordinating or assisting with federal law enforcement. stunning since mutual aid among all levels of law enforcement is a long tradition. city commissioner joan hardesty accused federal officers of setting fires outside the courthouse to make protests look bad. she provided no evidence. it came on the same day of operation legend, a surge of federal officers in cities experiencing a spike like chicago. that is not connected to the enforcement in portland which is about protecting federal property. during the mayhem in portland the city's police department warned the crowd several times

it would declare a riot and might use its own teargas but it never did. ted we'ller is not only the mayor. he's also -- >> ted wheeler is not only the mayor. he's also the police commissioner. >> bret: dan, thanks. >> this rampage of violence shocked the conscience of our nation, and we will not stand by and watch it happen. every american, no matter their income, their race or their zip code should be able to walk their city streets free from violence and free from fear. >> melissa: president trump announcing that he will expand the operation legend program to help contain surging violence in major united states cities. federal agents will now be deployed to chicago and albuquerque, but officials in both cities are already pushing back. senator tom cotton will join us in just moments but we're going

to kick it off with keev white house correspondent john robert live on the north lawn. >> president trump believes he has found a powerful issue for campaign 2020 and a way of drawing contrast with democrats over the issue of law and order. announcing yesterday along with the attorney general he plans to send 200 federal agents to chicago from the f.b.i., d.e.a. and a.t.f. as well as 35 similar agents into the city of albuquerque to help deal with the increase in violence and crime in those cities. d.h.s. will also be involved but i'm told they already have enough in those two cities who can be retasked. it is as you mentioned an expansion of the so-called operation legend which began in kansas city earlier this month. so far chicago mayor lightfoot appears to be on board with the plan as long as it does not involve federal riot police as

in portland. listen to her. >> we don't need unnamed secret federal agents roaming the streets of chicago. if those agents are here to actually work in partnership and support of gun violence and violent cases, plugging in to existing infrastructure of federal agents, not trying to play police in our streets, that's something different. >> president trump yesterday indicating that if the violence continues to spiral out of control, the federal government may need to go to the next level. >> we are ready, willing and able to go in there with great force. we're working with police forces and eveneb though in some cases they're told don't work with the federal government, the police forces have great respect for the federal government and what we do but we're ready, willing and able to go into these cities and are being decimated with shootings and we're going to help. >> announcing the expansion of operation legend president trump

comparing contrasting himself with democrats saying he wants to support and honor the police. >> melissa: john, what about the reports we're hearing about a cafeteria employee at the white house complex who tested positive for coronavirus. what can you tell us about the story? >> white house officials tell me this morning it was a single cav iteria worker. there are two facilities at the federal office building, the big building across west executive drive from the west wing. it was a single employee of the contractor who runs those two facilities who tested positive for coronavirus. the office conducted contact tracing and determined no one else was at risk. they're closing down the facility for a couple of weeks to thoroughly clean and then it should be reopened. yesterday president trump bullish on the idea of coronavirus vaccines available

as early as october but certainly the end of the year. in an interview with our dr. mark siegel he was asked about compliance and how many people would be willing to take the vaccine and as an example to others if he would be willing to line up and take the shot-in-the-arm. >> if i'm the first they'll say he was so selfish and other people would say that was brave to do. if they thought it was right, i would take it first or i would take it last. you do know if i take it first -- either way i lose. whatever i think is best, whatever we agree is best i would certainly do. >> there are a number of vaccine candidates in the works, melissa, and if the results of the medical trials turns out we could have millions of doses ready for people it take the vaccine by fall or winter at the latest. melissa. >> melissa: john roberts.

thank you for that. bret. >> bret: let's turn back to operation legend. we'll bring in now senator tom cotton who sits on the armed services and intelligence committees. senator, thanks for being here. >> thank you, bret. >> bret: you have heard the criticism about these federal agents being deployed around the country to places like portland then chicago. your thoughts approximate this issue and the criticism you have heard. how do you respond? >> first, pret, operation legend simply builds upon the kind of cooperation we have from federal officers with our local and state officers all the time. in arkansas, for instance, we have the f.b.i., the a.t.f., the d.e.a., work routinely with our u.s. attorney and local and state officials to make sure we're putting the most serious violent felons behind bars for a long time which the federal government can do more effectively than many state governments, what you see in kansas city, chicago, albuquerque builds on that cooperation because of the

levels of violence those cities have seen. portland is a different story. in portland you have insurrectionists firebombing property, trying to destroy it. the federal government doesn't just have a desire to do it, it has a duty to protect it. >> this is a democracy. not a dictatorship. we cannot have secret police abducting people into and putting them in unmarked vehicles. i cannot believe i have to say that to the president of the united states. i know that oregonians are out ager raged. americans should be appalled. >> bret: response? >> resistance theater, bret. if the mayor of portland, the governor of oregon, didn't want federal officers to be in portland protecting federal property all they have to do is

protect it themselves but the mayor of portland says he won't protect federal property and he doesn't want federal officers to protect it. you do not have unmarked or unlabeled officers in portland. they are clearly identified as federal officers. yes, they may be using unmarked vehicles which law enforcement officials do every day in every state all around the country. if the mayor of portland and the governor of oregon don't want those federal officers there to protect federal property, then they should do their own jobs. >> bret: i want to turn now to what is happening with the chinese and the consulate in houston. also just the back and forth between the u.s. and clinea. here is the president on closing that cons -- and china. here is the president on closing the consulate. >> as far as closing additional embassies, it's always possible. you saw what's going on. we thought there was a fire in the one we did close. everyone said there was a fire. they were burning documents or burning papers. i wonder what that's all about.

>> bret: what's the real story behind the closing? >> you can call it consulate, you could also call it a den of spies. the chinese communist party uses that to run spy operations throughout the middle of america. there is a reason why they have a consulate in houston. center of our space industry, oil and gas industry, two industries they've identified for china's future dominance of the world. the president took the right action. this has been well established for a long time that china is using this consulate to conduct espionage operations throughout the country. >> bret: a biology researcher charged with lying about her links to the chinese military. >> i have no reason to doubt the f.b.i.'s claims there and china should hand over that fugitive from american justice but i think her circumstances highlight a bigger threat that we faced. she lied on a visa about her

ties to the people's liberation army to come into this country and do research. there are thousands of chinese nationals who are connected to the chinese communist party's people liberation army or their intelligence services. they lie on their visas. they come here to get access to steal intellectual proper, develop cuttingeng edge technology and take it back to benefit china. we need to bring her to justice but we need to address more broadly the threat of all of these krvpt c.p.-linked officials pose to our country. >> bret: "the new york times" ran an op-ed. my relatives in wuhan survived. this is by molecular neurobiologist in china. any problem with that? >> i guess "the new york times" op-ed page will run explicit chinese propaganda but they

can't run op-eds from republican senators. he was nationalized in the united states. swore allegiance to our nation then he left, went back to china and announced his citizenship apparently because he didn't like george w. bush's policies. another effort by the chinese exist party to influence operations through the organs of america culture and media. it's disappointing to see "the new york times" run propaganda like this but it's not terribly surprising. >> bret: quickly, senator, do you think we will ever find the origins of the coronavirus from china? >> i hope we do but i have my doubts the chinese communist party will ever provide enough openness to discover that. right now all the evidence is circumstantial but all the evidence points to the laboratories in china and some kind of accidental breach. not to the food market in wuhan. >> bret: senator tom cotton,

thank you. melissa. >> melissa: fox news alert. senator ted cruz out with a plan to hold leaders accountable if they fail to stop violence and destruction during protests. >> it ought to be real simple. if you attack a federal courthouse, the answer ought to be you're going to be arrested. you're going to be put in jail. you're going to stay in jail a long time. >> melissa: straight ahead, our next guest argues the chaos has broken the spirit of some american cities. and some scary video showing one of the new outdoor dining during the pandemic. wow. hey lily from at&t here. today, we're talking with sara. hey lily, i'm hearing a lot about 5g. should i be getting excited? depends. are you gonna want faster speeds? i will. more reliability? oh, also yes. better response times? definitely. are you gonna be making sourdough bread? oh, is that 5g related?

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>> bret: surround view captures a pickup truck plowing into an outdoor dining area in brooklyn. the truck hit a barricade. sent tables flying. at least one person thrown to the sidewalk. indoor dining still not allowed in new york city. many restaurants have extending seating into the street. three people were hurt here. fortunately, none seriously. police say the 22-year-old driver did not have a license. >> we're also seeing democratic politicians. democratic mayors. democratic governors. who have somehow made the decision it's in their political best interests to allow the mob

to carry out their violence. i introduced this week legislation that if an elected official wrongfully denied their citizens the right to police protection in the situation of a riot that you can sue them and get triple damages for any injuries you suffer or any damages to your home or business. >> melissa: that is senator ted cruz on fox news at night pushing for new legislation to make local and state officials liable if they fail to stop violence and property damage this oughton muszones. don henniger in "wall street journal," the headline saying "progressives to cities. drop dead." writing that the ruin of cities by progressive policies is a significant political event. mr. henninger joins us now. deputy editor. dan, it is wonderful to see you had morning.

when i was reading it i was thinking about the fact that it is -- maybe people don't realize how unpopular these mayors that are going down this road are. for example, ted wheeler in portland. we watched him last night being shouted down and booed. mayor deblasio getting zero percent for his presidential race in new york. everyone knows how unpopular he is here. the oakland mayor. home vandalized. what do you make of the fact that these mayors in these cities seem to be angering everyone on both the left and the right? >> i think what's going on, melissa, is that we're seeing a lot of these cities -- we used to call them liberal cities. they're now very privileging cities and there is a real distinction between liberal governance of the sort we have seen for years and the new progressive governance, in many

of them they have prosecutors when won't prosecute serious crimes, and a lot of us predicted this would have a deleterious effect on these cities over a period of time. we were going to see the cities erode. i think because of the pandemic, because of the closures adding in to the reluctance of mayors, we are seeing the consequences compressed into four or five months and a let of the residents of these cities are appalled and shocked at what the results of progressive policy has done to their cities. it's pulled the lifeblood out of places like new york city, los angeles and san francisco, so i think a new political division is taking place between the progressive elites including the protesters and a lot of normal, average people in these cities who consider themselves liberal who are looking for a way to separate themselves from the destructive progressive policies that they themselves are

experiencing. >> melissa: i wonder what will come of it, and one thing that really jumped out at me from your article -- the endless protests with their instinct to violence and atmosphere of dread have broken the spirit of many cities. people living and working in these cities, most of whom consider themselves liberal, are being sold out by progressive politicians and activists blinded by politics to the qualities of daily life. mayor deblasio rides around this town with an army around him in his s.u.v. he is not exposed to what the rest of us are as you walk down the street. a new election for mayor coming up not long from now and those who are stepped forward are at least as liberal as mayor deblasio. do you think the voters in this city and others around the country are going to wake up and usher in a different kind of mayor? or do we keep going in that

direction? because the only thing that's going to change it. are voters. >> yes, that's exactly right, melissa, that's an excellent question. it's a dipolicemena. because the progressive politics have really gotten pretty far in these cities and it is indeed the case, hard to believe that after bill de blasio you may see politicians to his left running for mayor in these cities and one thing for the presence of rudy giuliani running against david dinkins, folks went into voting booths and told their friends they had voted for dinkins. they voted for rudy giuliani. whether it's possible for a giuliani type figure, somebody who wants to resist the onslaught of progressive politics to come forward is a good question. i think it is going to happen in 18 months in new york city. you will see a political challenge to this ideology.

people can't take it here any more, melissa. >> melissa: dan henninger, thank you for coming on. bret. >> kevin: former president obama joining joe biden to attack the trump administration's handling of the coronavirus pandemic. the trump campaign firing back. plus, the president wants schools reopen. the federalist saying schools are being paid to stay closed. he will explain when he joins us next. >> it requires school districts to plan and be flexible and put the child at the center to decide what is better for the children of america.

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paycom frees you to focus on the business of business. to learn more, visit paycom.com >> melissa: joe biden teaming up with former president obama to slam president trump's coronavirus response in a new video, but biden went even further, calling the president a racist. take a listen. >> no sitting president has ever done this. never, never, never. no republican president has done this. no democratic president. we've had racists and they've existed and they've tried to get elected president. he's the first one that has. >> melissa: peter doocey is live in washington with more on that. peter. >> that biden claim that trump is a racist has the trump campaign trying to take a trip down memory lane with this.

"this is an insult to the intelligence of black voters and is rich from a guy who touted an award from george wailas, a former leader of the ku klux klan, said that -- >> biden claiming that throughout this pandemic he had only had one quick trip to houston but now we know he snuck away to d.c. for a socially distanced chat with his old boss. >> i know what it's like and how lonely it can be to make tough decisions where not every decision is going continue perfect but you have to make them and take responsibility for it. >> he's trying to make biden more relateable. something biden is trying to do on his own like with this chat remembering his time in the

hospital after an aneurysm. >> you don't care after a while. you don't care. you're not in pain. you get tired. i had a nurse -- nurses at walter reed hospital who would bend down and whisper in my ear and go home and get me pillows. they would make sure probably nothing ever caught you can't do it in the covid time but they would breathe if my nostrils to get me moving. >> barack obama did not endorse his formaler v.p. during the primaries and he can really only help biden like this since biden is not hosting public campaign events. melissa. >> melissa: quite an image there, peter doocey, thank you. >> regarding the children in your family, your son, your grandchildren, are you comfortable? do you have to plan them back in person in school? >> i am comfortable with that,

we have great statistics on young people and on safety, so we would like to see schools open. >> bret: president trump not exempting his family from the push to get kids back in the classroom. the federalist weighing in on the debate with the headline. the piece goes on to argue "it's an indictment of republican leadership that president trump who, like most business men knows nearly nothing about education still has better political instincts on this. >> bret: ben domenech, where are you going with this? do you think this is a political winner for the president to fight this fight? >> i don't know whether it's a political winner or not, bret, but it's the right thing to do. in this case one of the big silver linings we have of the way that this terrible pandemic has played out is the encouraging signs we have seen from across the globe, particularly in europe learning from the experience of places that have either kept schools

open the entire time or opened them significantly for younger children and seen the benefits of doing se. right now you have a situation where teachers' unions, powerful entities are playing politics with the situation even though the science is entirely on one side of this showing that yes, you can safely return these kids to school and that we should not put them through the terrible risk for their health, for their educational futures, of keeping them outside, particularly when they're asking for billions of dollars in additional funding. >> bret: if you look at the polls, ben, parents are scared. teachers are scared. >> yes. >> bret: to go back. i had dr. deborah birx on the show, "special report" last night and she said they're still studying exactly what young kids and teenage kids as far as the virus and carrying it. take a listen to her. >> from data today that children do quite well with the virus. if we protect the teachers, we have teachers in the classroom

that are protected through innovation, some people are putting up plastic shields, many schools are having children and teachers in masks, we know all these things work. >> bret: the problem is that we have seen what we know about this virus evolve over time and it's scary. >> certainly. with any new virus, you're going to see the knowledge that we have evolve. we saw it evolve on masks, obviously. this is one of those situations where i think we have plenty of data to be able to take away from the conclusions of the experiences in europe and elsewhere that there is a clear guidance on this and the ability to do so. i understand the concerns of parents. obviously, everyone is concerned for their child but in the situation where this is being used to demand a 600% increase, billions of dollars in additional funding that won't even get to the schools this year on top of the funding that was put earlier in the spring toward keeping these schools clean even though they haven't had students in them, this is a situation where i think it's

very obvious for the sake of the children involved, for the sake of their families and frankly for the sake of their continued educational future and development, we need to be able to get back to schools, and we need to be able to do so soon. >> bret: democrat parents want their kids to go back to school too. it doesn't seem like it's a bright line politically but yet it has become a political issue. >> it absolutely has. i think this is a situation where a lot of people are making assumptions about what parents want and they're not looking at what's the best thing for the kids involved and i think that in this situation, everyone should be emphatically in favor of getting people back to school as soon as possible but that's not really the case, bret. this is turning into a political football. i think both sides can read the polls in the situation and playing into the fears of people in this moment is something that i think, while unwise and irresponsible is potentially politically beneficial. >> bret: i know my wife and i are ready to have them go back to school. we'll see.

ben, as always, thank a. >> great to be with you. >> melissa: after months of waiting, baseball is back. it's finally opening day for major league baseball. the pandemic delaying the start of the season. in one of the games the yankees will play the nationals in washington and dr. anthony fauci will throw out the first pitch. meantime the giants will take on the dodgers in los angeles. fox broadcasting will air three big games saturday starting with the brewers versus the cubs at 1:00 p.m. eastern. baseball is back. >> bret: can't wait for that. fox news alert, tensions escalating in portland. president trump now expanding the federal effort to contain violence in american cities. more on where hundreds of law enforcement officers at the federal level are headed.

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>> melissa: an incredible sight near the statue of liberty last night. take a look. >> melissa: bright lightning standing out in the dark gray sky. the video shot from ellis island as a powerful thunderstorm swept through new york city yesterday. >> today i am announcing that the department of justice will immediately surge federal law enforcement to the city of chicago. the f.b.i., a.t.f., d.e.a., u.s.

marshals service and homeland security will together be sending hundreds of skilled law enforcement officers to chicago to help drive down violent crime. >> bret: president trump sending federal agents to chicago and other cities as part of operation legend, an effort to contain the surge in violent crime and destructive acts by protesters and rioters. here to talk about it robert ray. former federal prosecutor and your take on that and the constitutionality of it. i have heard a number of people challenge the president's ability to do this. your thoughts on that. >> bret, this shouldn't be a scary concept. i know some people are concerned about it being the equivalent of martial law. that's not it. this is the surging of law enforcement to existing task

force entities which have been part of a joint effort between state, federal and local, in this case, city officials to combat originally organized crime back in the 1960's then transitioned back to combat violent crime and later terrorism. the whole point of this is to have sufficient federal resources available with the assistance of state and local officials to prosecute, where appropriate, cases federally and to take care of, in this instance, violent crime. that's not a foreign concept. it should be familiar to most state and local officials and it is something that is time-tested and has had bipartisan backing ever since the 1960's. >> bret: right, but what happens if that local official -- the mayor, governor -- doesn't want the federal help? and where is the line then? >> that's concerning to me

because as i indicated, it is unfortunate that all that's being done here -- the lead on these things general is state is local law enforcement. all that is being surged are additional people and resources from the federal government to actually tackle the problem. that usually enjoys the support of the local officials including the congressional -- federal congressional contingent. i know when i did this back in the 1990's it certainly enjoyed the support of congressmen, for example, in harlem to be able to do what we were trying to do with regard to violent crime and in fact, trafficking. if the state and local officials don't want it, that's an unfortunate development, but the signals that i got at least yesterday from the mayor of chicago seemed to suggest that she was supportive of ramping up the task force effort and that

that would be something that she would support. >> bret: i want to play two sound bites back-to-back if i could, mayor bill de blasio, in new york and the philadelphia district attorney. >> i still believe in the rule of law in this country and we would go to court immediately. i believe what the president is doing is unconstitutional. >> i'm just stating something basic. you follow the constitution. you follow the laws. we not going to put up with some american law enforcement, federal agents behaving like theor putin's private police. that's not happening here. >> bret: do you see this push-back and those sound bites as politics? just pure politics? or do you sense a real constitutional concern from these leaders? >> i don't think that there is a

constitutional issue here and i think that's -- there is really not a constitutional issue here. that's more about politics than anything else. what i do think -- and that's why i think the attorney general was careful to note, together with the president that what they are doing is the existing task force mechanism. that's an important fact that i think should provide comfort to all americans that this is not something where federal law enforcement is trying to take over. it is trying to supplement the efforts of state and local officials to make sure the law is enforced. this is not martial law. this is making arrests and prosecuting cases that will go before local juries probably in the federal system, built into the equation to ensure this is not federal law enforcement run amok. >> bret: robert ray, thanks for your time. >> thanks very much, bret. >> melissa: fox news alert,

doctors calling florida the new epicenter for the covid-19. will stricter rules help to slow the spread? miami mayor francis suarez will join us on that next. plus the u.s. military takes one giant leap toward entering a brand new era. - i'm jeff anderson.

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>> bret: the u.s. space force sharing its official logo with the world. officials unveiling the new delta symbol on twitter. there is also an official motto. semp,er supra, which in latin is

"always above" preserving u.s. freed am on of operations in the space domain. >> melissa: fox news alert for you new, experts calling florida the epicenter for covid-19 in the u.s. new rules are in effect in miami as the city tries to stop the spread of the virus. among them, people could get a $500 fine or even be arrested for not wearing a mask in public. joining us now is miami mayor francis suarez. thank you so much for joining us. do you mean it? are you really going to arrest people if you catch them out without a mask? >> yes, obviously that would be a last resort and actually the way it works, the fines start at $50, 150, 500 and the fourth time they would get a notice to appear, they wouldn't be arrested but it would be a notice to appear, we don't want to get there but since we implemented the mask in public rule we have seen a significant

bending of the curve at our highest point we were at 125 new cases a day, as of yesterday we're at 20 new cases a day, we have seen about a 1/6th decline in the rate of new cases since we implemented the rule. >> melissa: of course the biggest concern is not just the cases. it's hospital capacity and fatalities. what can you tell us about that? how are your hospitals faring? >> over the last two weeks our hospitals have remained stable, we've increased by about 130 i.c.u. beds county-wide which is beneficial and that will allow us to deal with any additional need capacity that we may have but i would say that our hospital administrators are telling us not to implement a stay-at-home order, to stay the course, to allow the mediation measures we've taken to continue

to diminish the level of virus in the community. we're listening to them and listening to our experts and that's why we haven't implemented a stay-at-home order. >> melissa: governor desantis got praise at the beginning when it seemed like the virus was under control in florida and now that it is booming he is under fire. here is what he had to say in his own defense. >> the natural progression of this is different in the sun belt than it was in the northeast so our view has been we knew that it was going to come back at some point whether we went to phase one at the beginning of may. i personally thought it probably was going to come back in the fall but dealing with it in the summer is something that we're ready for and we're handling. >> melissa: mayor, what do you think about that? >> i think we're all trying to do the best we can. this is a novel situation for everyone. i think the state is probably a little bit worse than the counties in the sense that even though we have worse in the

counties the delta the high point in the state of 15,000, a little more than 10 times, we're about seven times from the high point and even though we have been restricted he's been supportive, he's come to miami-dade county and told people to follow our local rules which i will thankful and allowed us to the freedom to implement our own rules to get the virus under control so from my perspective i know he has a set of responsibilities to deal with the 78 which is a very, very diverse state. our city is extremely diverse, miami-dade county. we have to deal with the virus ourselves. >> melissa: mayor, thank you so much for joining us and we wish you the best in getting this under control for us. bret. >> bret: fox news alert.

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as hundreds of rioters face off against federal agents near the federal courthouse. welcome to another hour of "america's newsroom." i'm bret baier. >> melissa: i'm melissa francis. sandra is off. federal agents deployed last week in portland. president trump announcing plans to send federal law enforcement to chicago and albuquerque under an anticrime program called operation legend. >> under operation legend, we will also soon send federal law enforcement to other cities that need help. other cities need help. they need it badly. they should call. they should want it. they're too proud or they're too political to do that. >> melissa: senior correspondent mike tobin is live in chicago with more. mike. >> melissa, after all the dialogue with president trump,

operation legend creates a tricky environment for chicago mayor lightfoot. first of all she is dealing with staggering amounts of violence enhanced by the mass shooting. she has tweeted under no circumstances would she allow donald trump's troops into chicago. she even said she would sue if she needed. police say they dobe have the authority to refuse the presence of federal law enforcement. lightfoot was told the surge is directed at gangs, drugs and violence. there will not be federal agents in camouflage duplicating scenes in portland the way d.h. s. secretary chad wolf put it the mission in -- in chicago, the mission is to protect the public from violent crime. the president in announcing the surge stayed political and hammered his message that he is the law-and-order president. >> my vision for america's cities could not be more

different from the lawlessness pushed by the extreme radical left while others want to defund, defame and abolish the police, i want to support and honor our great police. >> the surge in federal resources to chicago will amount to 200 federal agents to supplement the f.b.i. the bureau of alcohol, tobacco and firearms. homeland security and the u.s. marshal's office. already active in kansas city. attorney general barr bests 200 arrests as a result. other places like new york, albuquerque, philadelphia can expect to see a surge in personnel as part of operation legend as well. melissa. >> melissa: mike tobin, thank you for that. bret. >> bret: joining us now for more on all of this, white house press secretary kayleigh mcenany. when you see cities react to

what's happening on the federal level like the chicago marmayor. take a listen. >> we are not going to agree to or accept anything like what's happening on the streets of portland, oregon, we're not going to have unnamed federal agents patrolling our streets. pretending to be the police. sweeping people off and denying them their constitutional rights. that is not going to happen in chicago. >> bret: obviously she's not alone. the portland mayor. the oregon governor. when you hear that, what do you say? >> i say that i have met legend's mother yesterday. he was shot in his bed. a tragedy. he lost his life. in sending additional federal resources to ensure this is this does not happen to other oo four-year-old, that more children do not die in the streets of chicago in a year where we have seen a 50% increase in homicides in chicago, 400 people lost their lives, i think about legend's

mom and the responsibility that mayor lightfoot is not doing in patrolling her streets and securing her cities and she should admit she needs the help of the federal government. >> bret: critics say this is part of an effort to turn the page from the coronavirus. you say? >> that's absolutely not the case. this president has been very clear for four years that violent crime is a priority. we saw it going up at the end of the obama administration. as the attorney general said yesterday, finally it started to come down under president trump's administration and now with the defund the police movement we're seeing it creep back up. this is about protecting the american citizenry. the top priority of this president. >> bret: is the president going to do another briefing today at 5:00 p.m.? >> the president will have a 5:00 p.m. briefing. there has been extraordinary ratings across all networks, americans tuning in, wanting to hear directly from their leader. he will be there at least a few times a week. >> bret: the president is apparently wearinga mask, mandate for federal buildings

including the white house. is that true? >> i spoke to the president this morning. the president said that here in the white house we're tested regularly. there is not a mask mandate for the white house. he encourages the wearing of masks. he said it's a good thing to do. he encourages mask wearing. but there isn't a mask mandate at the federal level or here on the white house premises. >> bret: there is a cafeteria worker who tested positive? >> melissa: across the street in e.e.o.b., there was contact tracing done and it was determined there was no significant contact with anyone over in the eisenhower executive office building. >> bret: you see a shift in how the president talks about it in the past couple of weeks. >> i have spoken about this privately. he's spoken about this publicly. there hasn't been a shift. every time i have spoken to him he has said wearing a mask is no problem to him. on march 31st before the c.d.c.

made the guidelines he said if you want to wear a mask, wear a mask. that's when several medical experts were saying don't wear the masks before the c.d.c. guidelines came out. he's been publicly consistent. privately consistent. >> bret: he also said he's comfortable sending his own kids and grandkids to school. he wants schools open. here he is about the question on the national strategy. >> we do have a national strategy but as you know ultimately it's up to the governors of the states. i think most governors -- many governors want the schools to open. >> bret: is there a national strategy on school openings? >> yes and i think you will be hearing more from the president about that today. he focus on that in his 5:00 p.m. briefing you will hear from him on and this president has been clear we want schools to reopen, the c.d.c. director saying it's a greater health threat for schools to stay

clessed than open, kids in particular are not affected by covid in the same way adults are and i would point out on the issue of schools, child abuse cases are identified in schools, they have to open, it's in line with science and there is no reason for schools to stay closed particularly when you have 79% of moms employed full-time, either your you're sending your kids to a child care facility or a school and we would prefer school. what's happening on capitol hill? i want to listen to the treasury secretary talk about what's being negotiated now. >> not in this but we're going to come back again. there may be a cares 5.0. the president again is focused on money and american workers. american pockets right now. >> bret: i guess the question is is the white house getting rolled on what they wanted? no payroll tax cut in this bill.

relenting on increased testing for states. even tying federal dollars to reopening schools. it seems like democrats are getting their way. is that a fair assessment? >> i don't think so. we have always said that we wanted funding for testing in this but we wanted it targeted where democrats wanted to dump money in a to the called testing. we wanted it to be targeted. there was 18 billion put forward. the chief of staff told me this morning. by us for targeted testing for nursing homes and for schools. that was our priority always. and our priority has always been clear. this is about schools. this is about kids. this is about jobs. the payroll tax cut is a great win for america's workers, particularly low and middle income americans and it's a shame democrats don't want to give hard working americans a tax cut. >> bret: the president does these tax briefings and we appreciate them because there is a lot of information in there and he takes a lot of questions

from national press. sometimes they're not related to coronavirus or anything else that's pressing right now but the other day he was asked about ghislaine maxwell federally prosecuted for grooming, recruiting, sexually abusing underage girls, he said "i wish her well." that raises eyebrows. >> what the president was noting is that the last person who was charged in this case ended up dead in a jail cell and the president wants justice served for victims in this case and he prefers that to play out in a courtroom. >> bret: have you talked to haddim about that? >> i have spoken to him about that. >> bret: a lot of people were saying it seemed a strange answer. >> let me know one more thing, bret -- this president is the president that banned jeffrey epstein from coming to mar-a-lago. this president was always on top of this. banning this man from his property. long before this case was played

out in court as well. >> bret: kayleigh, we appreciate the time and the info and we will see the president today at 5:00 p.m. >> thank you, bret. >> bret: melissa. >> melissa: new details on the suspect in the shooting death of a federal judge's son in new jersey. the former attorney and self-described antifeminist reportedly had a hit list of other targets in his car. the f.b.i. now has evidence linking him to a murder in california. laura ingall is live with more. >> the f.b.i. able to confirm with fox they have been able to tie the cases in california and new jersey together although they're not telling us what information that is about. one of the questions is just how many possible questions this suspect may have had in his sight and we have been telling you about roy van hollander, the self described antifechlanist attorney who reportedly may have been looking to take out some of his enemies after he claims he

had been diagnosed with terminal cancer this year. he reportly had a list of targets including several other judges when he was found dead in his from an apparent suicide in upstate new york. the home and address found in his possession, prompting new york governor andrew cuomo to provide security for her. judge esther salas was not injured. her son died and her husband was critically injured. one passage read feminists should be careful in their meddling with nature. there are 300 million firearms in this country and most are owned by guys. meanwhile federal investigators say they have evidence linking den hollander to the murder in california, someone dressed in a

fedex uniform. lawsuits filed to open up the military to woman. den hollander was reportedly furious and enraged that it was something that belonged to him alone. den hollander also writing online the only problem with living a life too long with so many enemies was that he couldn't even the score with all of them. melissa. >> melissa: wow. laura ingle, thank you for that report. bret. >> bret: some incredible moments caught on video. two young boys dangling from a video as their apartment burned. take a look at this. how this all ended. straight ahead. plus, joe biden and former president obama teaming up for a new campaign video going after president trump. how the trump campaign is now firing back. next. >> the way he deals with people based on the color of their skin, their national origin, where they're from is absolutely sickening.

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yup, the best really did get better. magnificent. xfinity x1 just got even better, with peacock premium included at no additional cost. no strings attached. >> bret: heartstopping video from france. two young boys escaping an apartment on fire. at least three stories up you. take a look at this. a crowd of neighbors on the street below to catch them. the older boy, age 10 drops his

three-year-old brother from the window then jumps out himself. the boys were not hurt in the fall but they did go to the hospital for smoke inhalation. >> this guy has generated a sense out there that people are waking up to that he ran by deliberately dividing people from the moment he came down that escalator. >> you know what it's like as much as anybody to be in the white house during a crisis. how lonely it can be to make tough decisions where not every decision is going to be perfect but you got to make them and to take responsibility for it. >> melissa: joe biden and former president obama there teaming up in a new campaign video to attack president trump's leadership and handling of the coronavirus pandemic. let's bring in our panel today. juan williams is fox news political analyst and co-host of "the five." josh holmes is former chief of

staff to senator mitch mcconnell. the video and the conversation goes on from there and i want to play from you the sound bite that is act kwlully -- that is actually getting the most attention. let's listen to that. >> what president trump has done is spreading racist -- we've had racists and they've existed and they've tried to get elected president. he's the first one that has and the way he pits people against one another is all designed to divide the country. divide people. not put them together. >> melissa: juan, you know, obviously, former vice president biden is getting a lot of attention for calling him the only racist president who has ever been elected -- george washington, thomas jefferson, andrew jackson, zachary taylor all owned slaves, woodrow wilson who was a proponent of segregation, had his name removed from a school at

princeton. what do you think about him saying something that is so instantly, demonstrably false? >> i don't think that's the heart of it, melissa, i think it's that he called president trump a racist is what's getting attention. it's obviously in the modern context that former vice president biden is speaking. if you go back, i guess you could go back to the period of -- you know, the 1980's and say there were racial messages but nothing of this kind of consistent, high, piercing sound, not dog whistles but things like the birther movement, saying black lives matter is hateful. most of the country at this point supports black lives matter so i think the president is out of touch, deeply out of touch with it and when it comes to speaking to asian americans as vice president biden was doing in that moment, you know, the president, president trump has gone on calling this the

china virus, trying to blame everything on what he calls the kung flu, for asian americans who have seen a spike in hate crimes directed at them it is racial. >> melissa: so to be clear, you don't think vice president joe biden misspoke there at all? >> no. >> melissa: ok. josh. what do you think about that? >> well, clearly he misspoke. one of the most revealing parts of this conversation is that he's been in washington since 1972. 1972 and the best argument he has to be president of the united states for african-americans or anybody else is that his opponent is a racist. in the context of what he said that president trump is the first racist president in america -- yeah, evidently slavery, segregation, jim crow laws, all those things slipped his mind which by the way

appears easier to do these days. >> melissa: juan, when vice president biden says something like if you don't vote for me then you ain't black, you know, using "ain't" in there in a way that he doesn't with other groups and if you go through the history of other things in the way he said, the way he characterized former president obama in the past, you don't feel like those remarks are racist or offensive and would you feel different if they came from president trump's mouth? >> yeah, i mean, i remember the famous one was when then senator biden described the future president then his colleague, senator obama as clean and articulate, you know, black person in the public mind like what's the rest of us? not clean? not articulate? offensive. but again what you are talking about here is something of a

whole different magnitude than trying to pit people against each other. intentionally divide people. ignore things like the power of the confederate flag -- remember, if you want to compare attitudes towards president obama -- you know, it's clear that president trump was willing to build a political career on the idea that the president -- the first african-american president wasn't an american, that he was born somewhere else and he perpetrated that lie for years. >> melissa: i want to get to the trump campaign's response here to this. this is really rich coming from a guy who proudly befriended segregationists, touted an award from george wallace, honored a former exalted cyclops of the ku klux klan, worried his kids would grow up in a jungle, bragged about --

>> melissa: josh, i would ask you this. when it comes back down to these arguments where you see, yes, joe biden has said racist things or made me -- things that are uncomfortable in the past but your guy is worse when the campaign revolves around the idea that he's going to restore the soul of america, that that's his main thing, his character and morality, do they need to come up with a better way of dealing with this or to get him to stop saying things that remind you of all these other things he said? which at the time were certainly taken as racist. >> melissa, i think you put your finger on the biggest issue that is with joe biden's messaging.

juan alluded to it. he's saying this president, president trump is dividing people. the very rhetoric that he's using by calling the president a racist and thereby calling millions of his supporters a racist is the essence of division. that's what joe biden is seeking to do. he hopes to get 51% to on his side. -- to divide on his side. you saw the oppo book on joe biden which is rich. juan played the greatest hits earlier. he has a lot to answer for if he wants to go through and talk about his record on race relations. his statements in the past. there is a long, long list. i think they would all be better off if joe biden decided what i would like to do is compete for african-american votes. at no point does he decide he wants to compete for it. he just wants to try to smear president trump and his campaign.

>> melissa: juan, real quick the house voted yesterday to remove confederate statues from the hill. is this a step in the right direction? >> you know, to me it's symbolism and symbols do have great power. that's why the statues are there. they're symbols of our past. our heritage. i think it's a step in the right direction. not a critical effort in terms of the real reforms we need to improve race relations in this country. like when paul ryan said that the president's complaints about a mexican judge were the classic definition of racist, i think you look at some of these men in their past, slave owners, supporters of the confederacy in some cases and you say maybe it's time to move on. >> melissa: thanks to both of you. bret. >> bret: the f.b.i. trying to arrest a chinese scientist believed to be hiding out in the san francisco consulate in the

u.s. congressman mccall ahead with growing tensioned of the u.s. and clinea. the triple murder mystery in florida. what we're learning about the suspects. next. >> t.j. has 230 felony criminal charges. in his arrest history. - [narrator] the shark vacmop combines powerful suction with spray mopping to lock away debris and absorb wet messes, all in one disposable pad. just vacuum, spray mop, and toss. the shark vacmop, a complete clean all in one pad. ♪

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>> melissa: fox news alert. the suspects in a triple murder in central florida are scheduled to make their first court appearance today. phil keating is live in miami with more on the story. phil. >> melissa, the brutal triple murder described as a massacre happening in the middle of nowhere all boiled down allegedly to not a domestic situation, not a bad drug deal, not even a robbery. just a dispute over a pickup truck. investigators tracked these three suspects down in an off-the-grid family camper compound in the middle of the woods which had no running water or electricity. 27-year-old mary whittemore, her 26-year-old boyfriend tony wiggins and his brother robert. >> here is the real tony wiggins. he's a thug. he's a criminal.

he's pure evil in the flesh. he's wild and he's out of control. >> the sheriff says at the crime scene his detectives found a dollar general bag in the back of one of the victims' pickups so on a hunch and good detective work they went on the store. they looked at the security video and sure enough saw one of the victims with the suspect now charged with three counts of first degree murder standing right behind him at check-out. he said 10 minutes later all three brutal killings go down at the lake. the victims. who said they were going out fishing together, were followed to the lake to confront springfield, another victim over his old truck and that led to wiggins allegedly pulling out his pistol and executing all three men while they sat in their truck. wiggins's political history

includes 230 charges: felony charges. he's been a criminal since he was 12 and was currently out on bond for breaking a guy's arm with a crowbar. the sheriff says they also forensically matched a nine-millimeter shell casing found inside wiggins's trailer with the dozen or so other casings found at the crime scene and they say it all came from the same smith and wesson. the sheriffs urging fertility death penalty in the case and all three suspects will be in court at 1:00 eastern. melissa. >> melissa: unbelievable. phil keating, thank you for that reporting. bret. >> bret: the f.b.i. says the chinese consulate in san francisco is harboring a fugitive scientist linked to the chinese military. coming after the chinese consulate in houston was ordered shut down. michael mccall is the ranking

republican on the foreign affairs committee and the chairman of the china task force. thanks for being here. >> thanks for having me, bret. >> bret: let's start with houston. i heard senator rubio say it's a central node of the chine party's vast network of spies and increased in the size and scope of what it was doing in the recent weeks. can you fill in blanks? >> we're going to have a classified briefing tomorrow. it's the epicenter of china's espionage in terms of stealing our biomedical research. we had three scientists at m.d. anderson that were fired due to allegations of espionage. we also have a lot of vaccine research going on at the texas medical center. we know that they're actively trying to steal that vaccine so they can claim to the world that they saved them from the very virus they are responsible for. so it's really a hub for a lot of technology.

a lot of research. just like in the san francisco case where you have a scientist under the p.o.a., their military, come in and now take refuge in the consulate is really unprecedented but bret, it's been going on for a long time. we just now have an administration that's taking them head on. >> bret: speaking of that researcher. the researcher focusing on biology. the f.b.i. during an interview with f.b.i. agents june 20ings tang denied serving in the chinese military, said she did not know the meaning of the insignia on her uniform and it was required for attendance at the military university, a military school, turned out they foound found stuff linking her to the chinese military. what's she doing here? why is that significant? >> she's here to steal medical research, i would assume, their highest priority now is to steal

our research on the vaccine. on covid-19 that they're responsible for. i applaud the f.b.i. i worked in the justice department many years ago. i had the johnny chang case in 1997 that led us to the director of chinese intelligence and chinese aerospace putting money in the hong kong bank account to influence the clinton campaign. my point is this is nothing new, they have been doing this for decades but they ramped up their game. this is the tip of the iceberg. i would argue they have thousands of researchers in this country. they got in through the program and other programs, conducting espionage probably as we speak, we finally have a justice department that's willing to take them head on and deal with the threat and secretary pompeo did the right thing in closing down the houston consulate which was being used i think as again are the -- as sort of a spy

center from texas to florida and the images of them burning documents in their -- in the middle of this building outside -- watching them burn documents, destroying the evidence at the scene of the crime was absolutely outrageous. >> bret: congressman, the chinese foreign minnestry calls this an unprecedented escalation. the question is can we repair the relationship with china? should we repair the relationship with china? considering how much we interact with that country. >> i think we should try. i talked to secretary baker. we have tried to repair this relationship. bringing them in the family of nations for decades. secretary baker said it didn't work. he's right. president xi has no interest in being in the family of nations. he cares about world domination. they are our biggest, long-term

threat to our national security and we didn't escalate this, bret. they did. they have been escalating this for decades by stealing billions of dollars of intellectual property from the united states. stealing everything that we have and now the vaccine research itself. i think the president just said enough is enough. we're going to close down this spy operation in houston until they can behave. bat behavior -- you don't reward it. there should be consequences. they stole 23 million security clearances including my own under the obama administration and guess what was done. nothing. we have never taken them on for their misbehavior. and now, we are. the >> bret: congressman michael mccaul on capitol hill. thanks for the time. >> thanks so much, bret. >> melissa: many small businesses say they are starting to lose hope as the economic

toll of the pandemic drags on. fox business network's charles payne on that next.

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for when it matters most find out more at usaa.com >> melissa: small businesses in big trouble across the country. cutting jobs as coronavirus rescue funds dry up. in some cases, shutting down completely. let's bring in charles payne, host of "making money" on the fox business network. thanks for joining us. i want to read a quote coming from "wall street journal" on this topic saying. >> melissa: it is a special kind of person that starts their own business as opposed to going to work for someone else. you have to really be willing to

take the risk. willing to work 24/7. we try to highlight, on fox business, a lost the folks who have thought up industrious ways to stay in business but as you take the temperature every day how are those spirit doing right now? >> they're very low. particularly for entrepreneurs. to your point, you have to have a lot of internal fortitude and you have to have optimism that sees around corners and certainly is much more than the average person. you've got to believe more than the average person out there to work, sweat, toil, save, sacrifice and then to take that gigantic risk because you want to change not only your life but you want to change the arc of your family. your grandchildren. it's a very special breed of person, first and foremost that has more optimism than the rest of us. any ding in that hurts them a lot but there are trends.

we talked about new york city recently. we saw housing data out this morning. we heard from a home builder, pulte, sales are through the roof people moving away from cities, if you're a small business in a big city if you look at rents, rents in suburbs have gone through the roof in terms of rent receipts while they have collapsed in the cities. if you look at other things like states that have shut down again -- california, for instance, by far the most recipients of -- recipients much p.p.p. money but the start, stop, start, stop stuff is crushing them so we're already living -- many of them day-by-day and they needed this economic resurgence that we were enjoying to continue. as soon as customer behavior began to change. >> melissa: i worry that the people that make these rules and

like our own governor and mayor, they decide at the last minute whether something is open or closed. they have never run a business themselves so they have idea how much planning and how many days goes into knowing whether or not you're going to be open, we're looking at restaurants that have put umbrellas out on the streets and i asked a restaurant owner this is a huge investment. you had to buy waterproof tables, gravel so people's feet weren't in water, you had to buy umbrellas. all these things. you had to invest in order to stay open when already you were in the hole. how do you decide on that cost benefit map? he said "you don't. you're in or you're out. you have to do what it takes." does that kind of encapsulate the spirit to you of what these folks are up against? >> it brings up the old term "ing the rubicon," once you decide you're in this -- the old

term "crossing the rubicon" once you have decided you're in this and they said go for it, mom or dad, you're in. you can't back out. i've got senator kramer on my show later. he has new p.p.p. legislation he's trying to put through with respect to lone forgiveness and one of the real interesting aspects of the whole p.p.p. program, melissa, they were 85% of the applications but only got 26% of the money. there is a bunch of money still out there and there were some changes made to it but there are going to have to be more changes. we have to focus particularly laser focus on smaller businesseses like restaurants. if you look at yelp data over night, 60% that slight down won't come back, barber shops, nail salons, those kind of businesses are in dire need of our help. >> melissa: my dad started his small business to support our family. i have so much respect for that.

i don't know that i would have the courage to do it myself. you, like me, we wish all these people the best. thank you, charles. >> you got it. see you. >> bret: illil immigrant accused of drunk driving and killing three members of the thin blue line motorcycle club. what's next in this case and how the club is remembering those victims. next. >> if you knew jerry, you loved him. he was one of those guys. he could sit down and talk a fence post into answering him. . veterans can shortcut the process with newday's va streamline refi. there's no appraisal, no income verification, and not a single dollar out of pocket. rates are at the lowest they've been in our lifetimes. one call can save you $3000 a year.

>> at some point along the line in his criminal history, and he should have been arrested, and then when they found out that he

was here illegally, he should have either been in jail or not in a -- and autothat simple. >> bret: illegal immigrant with a long rap sheet facing new charges after investigators say he drove drunk and crashed over the weekend killing three members of the thin blue line motorcycle club. the immigrant's daca protections had expired. criminal defense attorney bob biiachi. >> he's in a lot of pain. charged with three fatalities and a number of assaults by autos each carrying 20-year prison sentences that can be stacked or consecutively sentenced, the case is strong, he has a prior record, prosecutors not inclined to go easy on him, he had a previous

d.u.i. dropped by the district attorney's office. he was never convicted of that. in 2016 he was charged with evading and resisting arrest for which he was convicted and a pending charge against him for another assault-by-auto charge where he bit off partially somebody's ear and that case is pending. the question becomes in my mind why wasn't there wasn't an ice detainer placed on him for the ear-biting incident, if you will, what we find out from ice is that their statement was at the time he had a conditional permanent resident status so that tells me he was applying to become a citizen and ice felt they couldn't put a detainer on him on his release in that ear-biting incident, unfortunately to be involved now in a triple fatality. >> bret: the real pain is the loss of these three guys and this motorcycle club dealing with that.

you mentioned ice. ice gave us that statement. saying he did not meet the agency's enforcement priorities at the time. agency records indicate that ivan robles navajas, was not subject to removal when arrested in 2018 due to his permanent resident status. as a result ice did not lodge a detainer on him at the time. they're saying it escaped their grasp at that moment. >> bret, when i was the head county prosecutor we dealt with a number of criminal cases that involved immigration status issues and i remember having a meeting to try to get my arms around when is it that ice puts detainers down and moves for deportation because defense lawyers were telling us that in really minor offenses they were being detained and seeking deportation yet on more serious cases it appears those things weren't happening and after my

team of people sat and met with their team of people to try to define things of crimes of moral turpitude it became like an abcus. impossible to figure out -- like an abacus. impossible to figure out. that was the case when i was there. >> bret: melissa. >> sam: violence in portland. teargas filling the air. as protests face off against officers next.

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so you can... retire better >> bret: fox news alert. the unrest across the country intensifying with portland plunged into a 56th straight night of chaos while the president sends more federal officers to other cities around the nation gripped by surging violence. welcome back to "america's newsroom." it's hard to believe this is a three-hour show. i'm bret baier. >> melissa: third lap around the track. i'm melissa francis. portland, federal officers and agents using flash grenades as they try to drive away the crowd, mayor ted wheeler caught in the middle, booed by protesters and teargassed along with them. more federal agents set to head to chicago and albuquerque and the president says he could

deploy them to other urban sisterv -- urban centers. here is white house press secretary kayleigh mac nany on "america's newsroom earlier." >> as the attorney general said yesterday finally it's coming down and now with the defund the police movement we're seeing it creep back up. this is about protecting the american citizenry. the top priority of this president. >> bret: chief white house correspondent john roberts joins us with more from the north lawn. >> president trump believes he has found a powerful campaign issue and one with which he can draw a sharp contrast with democrats and that is law and order. the president announcing yesterday he plans to spend about 200 f.b.i., u.s. marshals,

d.e.a. agents to chicago and albuquerque to deal with crime and violence in those cities. d.h. s. will be involved but don't need to send more as they have those on site which can be retasked, operation legend going on in kansas city for the better part of this month an effort to create a more secure environment so people can go about their lives not in fear. listen here. >> opportunity cannot thrive where there is violence. prosperity cannot flourish where there is bloodshed. and security cannot exist where there are violent criminals who are able to maim and murder with impunity. that is what operation legend is all about. >> so far chicago's mayor lori lightfoot appears to be on board with the program as long as it does not involve the same sort of federal riot-control officers that have been deployed to portland. listen to mayor lightfoot. >> we don't need federal troops.

we don't need unnamed secret federal agents roaming around the streets of chicago. if those agents are here to actually work in partnership and support of gun violence and violent cases plugging into existing infrastructure of federal agents, not trying to play police in our streets, then that's something different. >> coronavirus striking again at the white house. the cafeteria and eatery at the eisenhower executive office building closed for two weeks after a cafeteria worker tested positive for coronavirus. the medical office conducted contact tracing and found that no one else was at risk. they will be thoroughly cleaned and closed for two weeks out of an abundance of caution. it does not affect the white house mess which as you know, bret, is the premier eatery in the white house in the lower

level of the west wing where the vice president and his staff dine. you can bet with two cafeterias closed in the e.e.o.b. you better get your order in for the cheeseburger because it's crowded in the mess. >> bret: i have been there many times. john roberts on the north lawn. >> melissa: the united states is rapidly approaching four million confirmed cases of covid-19 as texas reports a new record setting number of deaths from the virus. casey steagall is live. >> 197 covid deaths reported in texas over the last 24 hours. the previous high was 174 which was back on july 17th. that now brings the total to 4,300 texans who have died from the virus. a more than 33% increase in the last 10 days according to public health data.

a new record of covid hospitalizations yesterday. a growing number of them in south texas. 10,900 diagnosed patients are now being treated across the lone star state. >> we see what happens when we start to let our guard down and i think just a wake-up call that we cannot ever let our guard down. >> florida had 134 new coronavirus deaths on wednesday bringing the state's total to more than 5,200 who died. the department of health said that a nine-year-old girl from putnam county is among them. it's not clear if she had underlying health conditions but she's now florida's youngest person to die from the disease and it comes amid heated debates over whether schools should be open. >> our schools play the role.

our kids have taken the harshest burden. it's often asked whether it's safe to return kids to school. it should be asked how safe it is to keep schools closed. >> california has passed a major milestone this week, logging more than 400,000 confirmed cases. the only other state to do so, new york. melissa, back to you. >> melissa: and i know in florida those schools are set to open soon. it's going to be a big decision. casey steagall, thank you. bret. >> bret: covid spikes in texas and florida turning up pressure for another lockdown in those states. senator rand paul calling it a big mistake saying the first wave of shutdown didn't do much to stop the pandemic. that it just crippled the economy instead. senator rand paul. republican from kentucky. why do you say it was a big

mistake? >> i think what you found in new york is that we ended up having horrendous death. we had 30,000 people die. the death rate is about 1,600 per million. highest in the country. eight times worse than florida. 10 times worse than texas. even now with the surge if texas and florida. i don't think there is a lot in new york that we can look to and say that's what we should model after. governor cuomo ought to be impeached for the worst public policy health decision maybe in a century sending patients with coronavirus back to nursing homes. i don't think there is anything to be lauded up there. the story people are missing is amidst this resurgence new york has very few deaths and very few new cases. it has nothing to do with the lockdown. i believe it has a great deal to do with the level of immunity they have achieved. i think 25% of new york is immune. it has a lot to do with

immunity. stockholm is about the same in sweden. you have northern italy about the same. areas where you have had this great rise in cases, a lot of deaths, actually achieved a certain amount of immunity and i think are going to be suffering a lot less. unfortunately, until we have have a vaccine, florida and texas death rates will continue but it's important to keep in perspective they're about 10 times better than new york state. >> bret: senator, you're not arguing for herd immunity in these places where it's out of control, are you? >> i'm not saying we have a choice. all the things we do are not stopping the virus. it's impossible to stop the virus and put it dead in its tracks. the virus has a mind of its own, it's a scourge of mother nature and even when we try to do our best it still leads to a mountain of dead people. that's what happened in new york. what i'm saying is that while

we're not sort of saying let's get herd immunity, herd immubt happened in new york and we achieved it but we achieved it at a much smaller number than the theoretical predictions. based on a random model say you need 60-70%, people are looking at that and putting in the factor of human behavior and that people don't all react and behave the same public as far as contacts and in viruses in the past we have achieved a form of immunity where the virus slows down and goes away at a smaller percentage, maybe 20-25%, we've had pandemics in the 1950's and 1960's and the spanish flu where the virus doesn't get 60-70% of the world infected, it gets closer to 25% and then there is enough immunity that the spread of the virus goes down. that's what my hope is. i don't have a crystal ball. i can tell you we should offer

that that is an opinion and there is evidence from new york that looks like they're not being affected and one of the most logical things is that they have some immunity build up that's slowing down the spread of the disease. >> bret: deborah birx on "special report" last night. the >> this time we saw wide virus spread across countries. across rural areas. across small metros and big metros across the south, southwest and west almost simultaneously. this was an event we think can be traced to memorial day and opening up as people traveling again and being on vacation. >> bret: are you saying that we really can't get hold of this and that all of the talk about increased testing and contact tracing you're saying we're past that? >> i think we have so many people getting infected and spread so far we should try to do contact tracing. we should try to coquarantine. all those things.

it's probably beyond that where we have such a large number but i will say there is contrary evidence that the reopening has caused this. the governor of oklahoma was interviewed yesterday and he said they have been open 86 days and they have more cases but they have been open for 86 days. there are arguments against opening being the real scourge of this but that maybe travel has something to do with this. new york was inundated with international travel and probably proceeded with hundreds of thousands of people in february, i think two million people came through new york in february including like 139,000 from italy so new york got hit with a lot of -- they didn't have patient zero. they had hundreds if not thousands of patient zeros but there has been travel throughout the united states and probably new york has exceeded the rest of the united states and for a while the rural states did so well because we're already socially distanced, i think rural states will do well throughout all of this but the

bigger cities are suffering the way new york city did but the good thing is i think the governors in texas and florida and the doctors are much weiser than they were and hopefully won't do as terrible a jobsa governor cuomo did. >> bret: last thing quickly on that, it's fairly rare for a senator from kentucky to call for the impeachment of a governor of new york. >> yeah, it is rare, only when they deserve it and actually, cuomo does deserve it, i think his sanctimonious presentations, all the things he's going to do through big brother to make us safe again when the one public policy decision he had, the ability to make it better he made it hugely worse by sending people with coronavirus back to nursing homes, almost half the people who died in new jersey and new york died in nursing homes. they're not doing that in florida. from the beginning the governor in florida did not do that. he was wise enough to see that coming. we shouldn't laud bad behavior. people can make mistakes.

cuomo is human. we shouldn't be lauding new york. that's where dr. fauci makes a big mistake saying new york is what we're after. not just the highest in the u.s., new york has a higher death rate than anywhere in the world. that is not to be admired and not to be emulated. >> bret: senator rand paul. thank a. >> thank you. >> melissa: g.o.p. lawmakers ripping the highest ranking congresswoman in their own party. accusing congresswoman liz cheney of not fully supporting the president. president trump himself is weighing in. fox news politics editor chris stirewalt joins us on that. plus another day, another dramatic escalation in the tensions with china after the u.s. shut down the chinese consulate in houston. why the f.b.i. is looking into another chinese consulate in san francisco. >> we are sending out clear

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>> melissa: congresswoman liz cheney under fire from members of her own party for her

critique of president trump and what some are seeing as a lack of support for him. >> melissa: chris stirewalt is a fox news politics editor. is it hushl unusual to see this battle going on between a high ranking republican and a republican president? i would add it is unsurprising to see matt gaetz stirring the pot with his tweet. liz cheney has worked behind the scenes and now against real donald trump and his agenda. liz cheney should step down or be removed. is this a real fight between the

republican establishment and the trump wing? is it a lot of drama over nothing? >> is the president not part of the republican establishment? he is the republican party. quen% approval in the republican party. that is the head of the republican establishment. the house freedom caucus which started as like a conservative to libertarian thing has turned into basically a pretorian guard for the president in the house. it's not about policies. it's about their fealty and devotion to trump. trump likes that. he likes having guys who are basically there to always have his back and be ultraloyal and all those things but they remind me of a joke about john kerry when he was a senator from massachusetts which was the most dangerous place to be in washington was between john kerry is a television camera and boy, did these guys like to make

a splash and get attention. obviously, what they're doing is not helpful for republicans apse efforts to win back the house. the republicans are way behind on fund-raising. there is only a handful, 10 or so democratic districts right now where republicans look like they have a shot. they need almost twice that to get the job done. to win back the house. i think a lot of this is a reflection of republican frustrations with the fact that their fortunes in november look weak for winning back the house and the guys in the freedom caucus see this as an opportunity to try to gain more power inside the conference by picking on cheney. >> melissa: if you don't like the phrase establishment, would you agree that she's a never trumper? if you look cheney-bush, there is mitt romney, there are a group of folks who don't like president trump and maybe it helps him to -- >> do you think -- do you think that -- that she's not going to vote -- do you think that she's not going to vote for donald

trump this fall? do you think that that's -- that she deserves this opprobrium because she's opposing trump? i can't imagine that she's going to vote for joe biden. >> melissa: what i think doesn't matter. i'm asking the questions. >> you understand, but what i'm saying is you say she's a never trumper. i would imagine that she voted for donald trump in 2016. i would imagine that she will vote for donald trump in 2020. i don't see any never in that. what i do see is the one woman who is in house leadership getting ganged up on by a bunch of guys from the freedom caucus who are not scolding her for her policy positions but are scolding her for the times in which she's deviated from the president's orthodoxy. it doesn't do anything to get the republicans back in control of the hose usv house and it is counter productive activity from a political perspective. >> melissa: you're absolutely right from that perspective when

there are only 13 republican women in the house and many more on the other side of the aisle. in the meantime, vice president biden sitting down with former president obama. a lot of clips. i want to play one we haven't seen yet and get your reaction. >> all the things that it took him a while until they started to take it away to realize what was happening. >> i couldn't be prouder of what we got done. 20 million have health insurance that didn't have it because of what we did. >> melissa: what's your take, chris? >> i mean, obama's by far biden's best asset. he's got to use him sparingly. can't overuse him. probably has to keep him on the shelf after this until the big convention speech but he keeps democrats united at a time when they otherwise might not be. >> melissa: chris stirewalt,

always fantastic. thanks for joining us. we appreciate your time. >> bret: the f.b.i. seeking the arrest of a chinese scientist linked to chinese's military saying she might be hiding in the chinese consulate in san francisco. the chinese consulate in houston closed, referred to as a den of chinese spies. william lajeunesse. >> it culminates a year long campaign by the administration to spotlight china and how it allegedly steals commercial and military secrets. the f.b.i. claims it opens a new china investigation every 10 hours and the houston consulate it says is the epicenter of that theft. >> we're putting a stop to the stealing of american intellectual property. the stealing of american research. which of course ultimately takes american jobs.

>> it has been long discussed and asserted that the office here in houston was engaged in inappropriate forms of information gathering and influence operations. >> why now? u.s. officials claim china recently accelerated its illegal spying and tried to buy more than 50 academics to turn over their research to china. >> this time of economic coercion is not what we expect from a trusted world leader. it is what we expect from an organized criminal syndicate. >> the u.s. charging two chinese hackers with stealing millions of dollars in satellite and wireless technology and trying to obtain the covid vaccine. >> china is providing a safe haven for criminal hackers who as in this case are hacking in part for their own personal gain

but willing to help the state and on call to do so. >> china denies, saying that closing the consulate violates normal. history suggests, today secretary of state mike pompeo will set out new protocols for relations today in a speech at the nixon library. want >> bret: melissa. >> melissa: turmoil for our strongest ally in the middle east. >> melissa: why protesters are calling for israeli prime minister benjamin netanyahu to step down.

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>> bret: president trump may be emboldened by the supreme court's recent immigration ruling. my next guest claims it weakens the constitution. makes it easier for him to skirt the law and new policies without the input of congress and we could see the president put his legal theory to test soon with new executive orders. here is what he told ouroin chris wallace. >> we're going to sign an immigration plan. a health care plan. and various other plans. and nobody will have done what i'm doing in the next four weeks. the supreme court gave the president of the united states

powers that nobody thought the president has by doing what they did, their decision on daca, and daca is going to be taken care of also but we're getting rid of it but we're going to replace -- because we're going to replace it with something much better. >> bret: joining us now, john yu, former deputy attorney general under president bush. john, thanks for being here. >> good morning, bret. >> bret: in a piece for "national review" the headline is how the supreme court's daca decision harms the presidency and the constitution. according to chief justice reversing such violations is difficult eapproximately for their successors. what's the -- difficult especially for their successors. >> presidents have long issued executive orders. you have the requirement, the duty to enforce the law much one

thing changed in all of that which was president obama's daca order where he said i don't have to enforce the immigration laws as to between two million and ultimately eight million people in the country in violation of immigration laws. i thought that the supreme court would allow president trump to reverse that daca order as being unconstitutional but instead the supreme court said actually we're not going to reverse daca and if presidents want to get rid of it they have to take two or three years to do so. my argument in the piece and the book is if it's good for president obama why isn't it good for president trump? out of chief justice robert's opinion, replace it with skills based or asset-based immigrants and you can create a different program as president trump said on air with chris wallace and it should benefit from the same kind much deference that the supreme court just gave to daca. >> bret: as you can imagine there are people who see it a lot differently.

ruth marcus with "washington post," one of them. trump wants to be king. did john yoo just hand him the crown? president trump likes the lawyers who tell him what he can do. seized on the argument that the trump administration's loss in the supreme court in the dreamers immigration case is a win albeit a misguided one. you teaching law at berkeley can find presidential power for anything but this argument is a stretch even for yoo. your response to that? >> i think this is another case of people who are so eager to bring down president trump that they're willing to contradict themselves. they're willing to tear up the constitutional fabric. they're willing to ignore supreme court decisions. if ruth was being consistent then she should have said the supreme court was wrong in the daca case. she should have said president obama can't do the daca program but instead you have people piling on president trump saying he can't use the exact same

power that president obama did and that the supreme court just blessed. i thought the supreme court was wrong too but i also think that the president should be able to take advantage of the same powers and the same benefits that the supreme court just gave president obama. if people don't like it it's not that they should read supreme court decisions that only apply to president trump or president obama, change at the ballot box. >> bret: do you think this ruling gives the president kind of the keys to the kingdom when it comes to policy making if he gets re-elected going forward with or without congress? >> it's a tough question. i'm not trying to make president trump. king. i'm not like the archbishop of canterbury in england putting the crown on top of the president's head, i don't have the fancy mansion the archbishop does, the president has a reservoir of power. say vice president biden wins he

will be able to benefit from the reservoir of power. if president biden is to have a successful term in office it will depend on him being able to benefit from those same executive powers that president trump is now saying he will use to redo immigration or health care policy. >> bret: congress is going to want to have the same one way or the other. john, thanks so much for the time. >> thanks, bret. >> melissa: fox news alert. more protests in jerusalem calling for israeli prime minister benjamin netanyahu to resign. there have been five demonstrations in the last week. another one is scheduled for tonight. in front of the prime minister's home. tray yingst is there now and joins us live. >> thousands of people are expected to gather this evening

in jerusalem in front of the house of israeli prime minister benjamin netanyahu. many israelis have joined up. police are trying to separate the two sides. the people we are looking at now are against the israeli prime minister and frustrated about the government's handling of the covid-19 outbreak. on the other side of the location we are standing, pro-israeli prime minister benjamin netanyahu protesters at this site. at least 34 people were arrested in similar protests and clashes. more than 20% of israelis are currently unemployed now as a result of the economic fallout from coronavirus and the prime minister has been heavily criticized for not coming up with a better plan to help those out of a job, successfully locked down and beat the first wave of covid-19 before rapidly reopening schools and businesses. this led the country into a far worse second wave that has seen more than 50,000 cases of

covid-19, overnight the prime minister did appoint a czar the c.e.o. of one of the hospitals but this is not calming tension here. we saw this morning a tweet from israel's president calling on all parties within the government to come together and cut it out. he said that there is no plan currently and as cases for covid-19 continue to rise here in israel you can sense the frustration outside of the prime minister's house. police tonight hoping this remains peaceful. melissa. >> melissa: trey yingst. thank you. bret. >> bret: people continue to wait weeks for coronavirus results. definitely days. some weeks. case numbers remain high in the south and west. we'll ask the person in charge of at the timing. if your dry eye symptoms keep coming back, inflammation in your eye might be to blame. looks like a great day for achy, burning eyes

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>> bret: fox news alert. breaking right now, the

president's former lawyer michael cohen will soon be out of jail. a judge has just ruled the move to put him back in jail was retaliatory because of his upcoming book. the judge ruled he will be released tomorrow by 2:00 p.m. to home confinement. his book critical of president trump. >> the turnaround time particularly across the significant are too long. we of course have a testing strategy but really to address the turnaround time will be absolutely critical and the most hardest hit states, they are having the longest turnaround time. >> bret: dr. deborah birx on "special report" last night saying it's critical that testing for the coronavirus gets faster in order to stop it from spreading out of control. it can still take days if not a week or more for people to get their test results.

admiral brett giroir, thanks for being here. more than 50 million tests. the president's touts those numbers. what good do they do if it takes you a long time to get the results? where are you in speeding up that time? >> thank you for having me on and, of course, ambassador birx and i are in lockstep that we need to do everything we can to reduce the turnaround time but let me put it in a little bit of context. about half the tests in the country are done either at the point of care, meaning either you get the results in 15 minutes or done in a local hospital which is generally a turnaround time of less than 24 hours. we have been talking about the turnaround time of the major commercial laboratories that do about half the testing. it is too long but the average time is 4.27 days so it's not the seven or 10 or 12 or 14 days

although certainly, certain people can wind up waiting that long on the outliers. let me tell you what we're doing. first of all we are encouraging new technology. we got an authorization for pooling that will tremendously increase the efficiency of testing. secondly. we're surging more point of care tests. i don't want 24 or 48 hours. i want terrify mients. we're sending those to every nursing home in the country. that not only will protect our elderly but reduce the burden. we're doing prioritization. those in the hospital and those in hot spot areas get testing. we're sending to surge spites. miami and phoenix. we're soon going to several other sites that will add testing capacity into the sun belt states to get taturnaround much more quickly. >> bret: looking back, and -- to get that turnaround much more quickly. >> bret: looking back, we didn't be what was happening at the beginning but looking back would

you have done something different on ia national test? >> i became involved in testing on march 12 and i can tell you, since that moment there has been no stone unturned. we have done everything possible. when i came into this it was a decision long ago that there would be no testing supplies in the strategic national stockpile. this is a new virus for which there was not a test. we have mobilized the entire american industrial capability. we have gone from a few hundred tests a day to averaging 770,000, we've spurred technology, we've invested, our team has been working 24/7, we've gotten full support from the president and the vice president and we're going to continue temake testing more ubiquitous. you cannot test your way out of this. it's critically important. we know how to stop this.

wear a mask. avoid crowded indoor spaces. to physical distancing and wash your hands. >> bret: have some countries tested their way out of this? have some got the testing then got the contact tracing and did it the way that traditionally you would track something like this? it seems like even if you have these tests and it speeds up that you could get the virus in the time that you took the test and the next time you still had it dash asymptomatic. >> most countries have not gotten their way out of it, not tested their way out of it, they've mitigated their way out of it by shuttering down their economies which we do not think is necessary given our models. there are exceptions. people talk about south korea. that's a very different situation and they have a very different society. most of their cases were localized in a specific religious community.

so the typical kind of test and trace could be much more effective and, of course, they had sort of protean approaches like tracking and tracing without warrants and other things that allowed it to happen. in our country we did not have one small seeding of our country, we had our country seeded in multiple cities simultaneously from asia and europe and most cases are asymptomatic. this is a completely different situation and right now we're in a totally different situation. it is impossible to track and trace 67,000 new cases a day can probably means we have about 200,000 new causes a day that are actually there. we have to do our mitigation steps like i told you before. wear a mask. avoid the crowds. we're seeing the tide turn now in most of the sun belt states. we won't see hospitalizations and deaths go down for a couple of weeks because those are

lagging indicators but we are turning that tide. >> bret: i don't care what party you're in, we should be pulling for you to succeed so thanks for your service. >> you're welcome. thanks for having me on. >> melissa: fox news alert. a triple murder in florida. three suspects are now in police custody and will face a judge this afternoon. more on the alleged ringleader's long criminal past. coming up we will speak with nancy grace. host of crime stories with nancy grace on fox nation. safe drivers save 40%! safe drivers save 40%!!! that's safe drivers save 40%. it is, that's safe drivers save 40%. - he's right there. - it's him! safe drivers do save 40%. click or call for a quote today.

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>> melissa: fox news alert. three men arrested in the brutal murder of three friends on a fishing trip in florida. the suspects due in court this afternoon. nancy grace is the host of

"crime stories with nancy grace" on fox nation. i should correct that. two men and one woman were arrested. i understand you just got off the phone with the sheriff. what did you learn? >> yes, melissa, i visited with the sheriff grady judd for the last hour and i learned a lot. i learned in this little town of about 3,000 or less, in florida, three friends known each other way back in high school decided to go night fishing at lake. they're not out clubbing, drinking, clubbing. they go night fishing. a stop at the local dollar general changes everything. people there at the dollar general specifically, one guy with 230 previous judges, wiggins, gets in his head, they followed the three victims, the

defendants, two men and a girlfriend follow them and a bloodbath ensued. these three innocent victims, unarmed with nothing but their fishing poles shot and beaten death. it's heartbreaking. i heard the voice of one of their dads, brandon rollins' dad said "daddy, help me." he knows where his son was fishing. he gets up and goes to the lake and finds the victims bloody and dying and he was there when his son was dying. that's what happened. >> melissa: wow. what did you learn about the original dispute? they were in that store together. the dollar general. but it all was about a truck or a stolen motor or what was that? >> yes. that's what's so crazy. in the dollar general, they were all in line and nothing happened. it was all very civil. but when the three left for

fishing, the other followed. "hey, i think that guy stole my engine." nothing supports the claim. they go get guns and go and start shooting. nobody had any idea what was about to upfold. makes you look over your shoulder the next time you're standing at the coffee shop or the dollar general because that's all it took to set these three on a rampage, unjustified, yes, they're appearing in court under our constitution, about 72 hours before you get a court hearing before a judge or magistrate. you know why you're behind bars. i predict they will not make bail and ultimately this will be a death penalty case. it qualifies because there is more than one dead body. >> melissa: 230 felony charges against the ringleader. his criminal life apparently began when he was just 12 years old. nancy grace. thank you so much. be sure to check out nancy's new

special on fox nation on ghislaine maxwell. fox nation is available for download on all streaming services. we'll be right back. you get used to pet odors in your car. you think it smells fine, but your passengers smell this.

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>> melissa: bret, thank you once again for being a great partner. without question, the big story of the day, baseball starts tonight. >> bret: such a good news story. good to be with you. it's a marathon, not a sprint.

i will be here at six clock p.m. for special report. we have the white house chief of staff mark meadows on tonight, and you can catch melissa 4:00 p.m. on fox business. that does it for us, because "outnumbered" starts now. >> harris: and we will begin. thank you, bret. a fox news alert, police in oregon have declared a ride that happened during the 66th street and out of in that city. protesters were jeering at mayor ted wheeler when he addressed them to show his support >> [chanting] >> harris: and then, after and during those chants of "quit your job," wheeler got caught up in teargas that federal agents fired to disperse those de