saturday. congratulations. season of my podcast is out today. you can get it at foxnewspodcast.com. thanks for inviting us in your home. thanks for inviing us. "fox news prime time" with katie pavlich starts now. >> thanks. i'm katie pavlich. it's monday, february 22. today, long last, the media is finally focused on what matters to the american people. >> massive loss in court today for former president trump. >> big breaking news. the supreme court again declines block a new york grand jury from seeing donald trump's tax returns. >> the disgraced ex-president's year-long attempt to keep them

from seeing his tax returns is over. >> okay. maybe not. we'll drive into issues that are important to you like the assault on the second amendment and the mistrust in the election system. but first to the border. there's growing concern that the president's policies are acting as a magnet for illegals to get across the southern border. biden's calls for catch and release is causing a spike of apprehensions. that surge caused with fewer beds because of the pandemic is once again lead oh, my gosh a capacity crisis. as of friday, dhs shelters were 93% full. as a result, dhs is reopening an emergency facility in texas today. the democrats called it a concentration camp less than two

years ago. confusion now limited to our side of the border, there's reports of growing frustrations of migrants stuck in mexico as they await a court date here in the united states. my first guest has done some excellent reporting on the southern border, julio, who is in san diego. he was across the border in tijuana and speaking to migrants there. who are you seeing on the ground? >> so basically today more migrants came in to the united states under the biden administration is slowly rolling back the migrant protection protocols. in tijuana friday, i spoke to many migrants that were just confused because they were under the impression that it was going to be easier for them to come into the united states. the woman i spoke to said she cited biden's campaign promise to halt deportations.

she was more incentivized than ever to get into the country under that pretext. but there's a lot of confusion on the mexican side. nobody is telling them anything. >> seems like the bottom line, julio because of joe biden's statements and the first weeks of his administration, people think the border is on. >> absolutely. that's why as you mentioned before, the surge that we're seeing, not just the regular adults and families but unaccompanied minors. so really what the campaign rhetoric that we saw last year and now that he's in office, they're under the assumption that they're going to be having an easier time to come into the united states and that's why we're going to see and we have seen a dramatic increase in people coming to not just ports of entry and crossing illegally where the border wall system was being built by president trump is now on halt. so now we have gaps along the

southwest border. so you have a number of sources in border patrol. how are they going to handle this crisis? biden says they're going to reunite children with parents. but now many of them coming across by themselves, many very young. over 5,000 unaccompanied minors in january alone. >> that's what we saw a couple years ago and seeing a again. there's the presumption that immigration into the united states is easier. border patrol and the rest of the immigration system is doing the best they can do handle this. now with covid restrictions in place, there's not enough space in these facilities. >> julio, you're at a point of entry where people are trying to come from mexico where they have been waiting for their court

date. you reported from places all over the border. you mentioned there's gaps in the border wall. senator lindsey graham was in arizona recently. i wanted you to hear what he had to say and get your reaction. >> there's literally a hole in the wall. i've been told they have been informed, ordered to stop plugging this hole which makes this entire wall useless, this is beyond dumb. even for the federal government, this is beyond dumb. if you don't just fill in this little gap, everything else you've done makes no sense. >> how does this impact our national security and the issues of not just people coming to the ports of entry to gain asylum but these gaps have a criminal element in places like arizona. >> in california, there's one area where construction workers were two months away from completing their project and putting in new wall systems where no barrier was before.

so people were still coming across as they were building but once the actual wall system was put in place, obviously traffic increased. the issue is about half a mile down from where they were working, there was open space there. that area was under contract before president biden was -- became in office and so once again, he halted the construction in the wall system, the bidding was stopped because they're not going to build anymore. so they filled in one gap and a half mile down, there's entire open space. they were really concerned that the illegal immigrants were going to start crossing over there. >> so how do these gaps in the border wall make it more difficult for border patrol to do their job? seems like we've talked to a number of people that say the border wall helped them combat and push down on illegal crossings, and drug cartels and human trafficking and now we

have these contracts that were in place and parts of the border wall that are just letting them on the ground. yet they can't put that in place to help border patrol agents do their job. >> right. the part of the border wall system is to slow the traffic to the point of entry since they have the capability to bring people in the they do come across. since there's no funnels in arizona, because they stopped construction in arizona, it created more of a funnel that just led in to that county. so the deputy sheriff that i talked to, he said that they're seeing narcotics and human trafficking and that's the consequence of having softer rhetoric on immigration. because people want to come in to the united states, they're willing to pay the cartels because the cartels control traffic up north.

there's a lot of human abuses that occur on that trip. it's not just americans that are suffering but migrants suffering as well because they're trying to make the trip north. you know, they have these terrible organizations that don't care about them. just care about the money. >> open borders are inhumane borders. thanks, julio. we appreciate it. >> thanks. good luck. >> thank you. keep up the good work. we might remember there was one more radical idea proposed by progressives in the run up to the 2020 election. it was so radical that joe biden tried to keep his distance. >> >> we want to make sure we abolish ice. >> abolish ice. >> we should get rid of ice. >> one is the liberal interpretation of abolishing ice. >> now most of america is not looking, some ice agents say

that's what the biden administration is doing. tom joins me now. thanks for being here. we have this new proposal from the homeland security official that wants to reorganize the federal deportation agency so that they're not doing interior enforcement anymore. we talked about border patrol with julio. let's talk about how that guts interior enforcement of criminal elements in our society. >> it's like every other biden administration has that is ridiculous and won't work. you would think they talk to the men and women that do the job when they come up with these ridiculous ideas. i read the story myself today. you can't destroy the agency and move everybody to one side of the house. you have law enforcement officers and ice. you have deportation and special agents. deportation officers enforce immigration law. special agents have title 8 authority but have title 19

authority and 21 authority by statute that the other officers don't have. you can't tear the agency apart because you want to storm immigration enforcement. so i've said it many times. they'll never abolish ice but they will cripple them with money and policies. that's who they're doing. they cut over $300 million from the detention. so your guest was talking about lack of beds and with covid. not only covid, they went from 52,000 beds to 31,000 beds. they're abolishing without without abolishing them. they're taking their authority away. >> they're technically not abolishing ice but making it impossible for agents to do their job. remind us of what ice agents do when they're making arrests and going after criminal aliens. a number of communities where they cause harm. the list has smeared ice as an

organization. they're helping at preventing criminals from continuing to harm americans that are here in the country illegally. >> anybody can go to the ice web site and look at the data. nine out of ten people are convicted criminals or pending criminal charges. so they want to reprioritize what isodose. they already have. 90%. 91%. there's no reason to reprioritize them, right? think about the people they have arrested. talking about sexual or fenders, murderers, rapists. isodose a lot of public safety work. i talked to governor cuomo of new york. we took 5,000 crimes off the streets of new york in the one year. i did more safety and security in new york than governor cuomo did. the ice officers strap a gun to their hip every day and make

their communities safer. they take criminals off the street. the highers percentage of criminals under any administration. so the ice officers are doing what they should be doing, concentrating on criminals first. >> what does this mean for the average american person? >> the new legislation, not exaggerating, they took 90% of the criminals their arrested last year they won't arrest this year because they got to being a investigated felons. the biden administration, the president himself said dui is not a public safety threat. 10,000 people a year died in dui. i talked to hundreds of angel moms and dads that are killed by them. the whole country is not a sanctuary. >> tom holman, thanks for your perspective. we appreciate it. >> thanks for having me. >> up next, the closer look at one of the democrats favorite

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>> katie: california democrats that dreamed too big by promising big tech's subway system under silicon valley has found a way to pay for their multibillion dollar debacle. sneak it in to the covid relief bill. trace gallagher is here to explain what is going on. trace? >> this underground rail project has been in the planning stages for several years. it's not broken down. but it's not stopped the cost of the project from rising. it was does 4.6 billion and now $6.9 billion. the finish date is supposed to

be 2030. but then, could be $15 billion or more. they plan to use the biggest boring machine in the world to drill the tunnel beneath san jose and that comes with beneath risks and costs. and residents are outraged because it's eating up a huge chunk of local sales tax revenue, money that goes to roads and bridges. now the house transportation committee has put $112 million into the covid bill to help fund the train. congressional republicans including senator tom cotton not very happy. watch. >> what this mass transit in san francisco have to do with a global pandemic? it has nothing to do with it. only has to do with nancy pelosi getting an ear mark for her direct, which this bill does across the country. >> for the record, this is not the first federal funding for the underground train. got $125 million in 2019.

another $100 million earlier this year. if you're wondering what other pork might be stuffed into the covid bill, it has a billion dollars for racial justice for farmers, $200 million for library services and $10 million for native american language preservation. just to name a few. katie? >> katie: thanks, trace. joining me now to talk about this, elise stefanik. thanks for being here tonight. it's easy to laugh about these big pet projects that cost taxpayers $225 million. but this is hard earned money by people that go to work every day and pay their taxes and don't want their representatives like nancy pelosi even in california using it for pet projects for big tech companies that could pay for it themselves. >> that's right. let's keep in mind, katie, still a trillion dollars left over that is unspend from the bipartisan covid relief packages that we passed in the last

congress. democrats did not negotiate in good faith with president trump. they waited until after the election and now the american people are seeing the results. they proposed a $1.9 trillion package that is littered with special interest projects. only 20% of the bill is focused on covid relief and less than 10% is focused on public health. the other thing is the vast majority of the $1.9 trillion won't be spent this year. it will be in the future. the american people deserve a covid relief bill focused on making sure that we have the vaccines necessary, distribution to rural communities, making sure schools open now. they should have opened much long ago. making sure that that happens immediately and supporting small businesses to reopen. that is a targeted covid relief bill. nose these projects in silicon

valley. >> the fact that 20% of the covid relief is actually relief is unbelievable. i think it's a scandal and something that generations in the future will have to pay for. speaking of scandals, let's get back to andrew cuomo, the governor of new york. we had attorney general nominee merrick garland on capitol hill. he was asked about the scandal and the criminalality of the governor's the justice department is open to evidence of fraud, false statements, violations of the law. they normally begin in the appropriate way in the relevant u.s. attorney's office. i don't know any of the facts, but i can guarantee you somebody with a conflict of interest won't be running an investigation of any kind. >> katie: you know for the facts. you called for criminal investigations of the governor. what is your response to the attorney general nominee's answer today? >> my response is he's not fit

to be the attorney general because he's not reading the basic news. if he's not red "the washington post ," the "wall street journal" the last month, that's on him. as the american people are aware, this is a serious corruption scandal at the highest levels. we need a clearer response from the nominee to be attorney general, making sure there's an independent apolitical fair investigation. when it comes to obstruction of justice, these are not just accusations, katie. this was caught on tape. it was caught on tape on a zoom call with members of the new york state assembly, which is why it's democrats as well who are speaking out about the need to have an independent federal investigation. also some are proposing impeachment of the governor and the governor i have said should resign. i have been focused on this since last april hearing from families that lost loved ones. they deserve answers and they deserve a commitment from the

attorney general nominee that this will be an independent investigation and he better get up to speed quickly because that answer is not good enough for the american people. >> katie: you mentioned how the attorney general nominee, judge merrick garland has not been reading the news. but if you listen to politifax, for example, you hear that andrew cuomo has done nothing wrong at all. >> i think this situation in new york is really complicated. the heart of the matter goes back to last year when the state was asking nursing homes to take in patients, covid patients ready to be discharged from the hospital. we don't see hard evidence that that made a significant difference in covid deaths. >> katie: do you see hard evidence that he's responsible for a significant number of nursing home deaths? >> yes.

politifax is a partisan -- frankly a partisan organization at this point. this is not a partisan issue, katie. it's a fact that governor cuomo instituted an executive order on march 26, not asking nursing homes to accept but forcing them to accept positive patients, not following federal guidance. studies have shown over 1,000 more deaths resulted as a result of this executive action. so this is the height of corruption and deserves and independent federal investigation. >> katie: and corrupt for people at politifax to keep repeating talking points from the governor's office who is trying to get away with it. thanks, congressman stefanik. >> thank you. >> katie: we learned john kerry was actively meeting with the iranians during the trump presidency hoping to undermine mike pompeo's state department. the very first reaction from secretary pompeo up next. >> woman: what's my safelite story?

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>> katie: supreme court justice clarence thomas issuing a big warning about the future of u.s. election. he dissented as the high supreme courted ruled not to review two presidential election cases. he said the court should look at the cases to resolve whether election officials or courts have any power to set election rules like easing mail-in voting restrictions writing these cases provide us with an ideal idea to address just what authority none legislative officials have to set election rules and to do so well before the next election cycle. the refusal to do so is inexplicable. thomas says it's fortunate that election rulings like the pennsylvania supreme court did not involve enough ballots to affect the outcome of the 2020 election but he argues changes to mail-in voting or other election rules right before an election make the vote progress

says prone to fraud and mistrust. he said we have to have clear rules. now we failed to provide clear rules for future elections. the decision to leave election law hidden by drought erodes voter confidence. thomas's dissent comes as all house democrats signed on to a new election bill. they say it would simplify early voting by mail. republicans say it would undermine election integrity. the bill is set to be looked at in early march. another day, another lie from our esteemed climate czar, john kerry. for years before he never tried to undermine the trump state

department by holding back channel meetings with iran. here he is in 2019. >> i saw the foreign minister briefly for a few minutes at the munich security conference. i have not said a word to what they ought to do or not do. it's not my business and i don't engage any any diplomacy? >> no back channel? >> no. >> katie: turns out carry wasn't so truthful. current biden officials including robert o'malley and john kerry himself met with iranian's foreign minister multiple times over three years with the ex-me -- explicit intent of undermining the trump administration. i look back at my calendar. it was a year ago today that you returned from a big trip to

south rain, africa and the munich security council. we saw john kerry there and the iranians there. we knew there were back channels going on. we knew they were lying about it. what do you think about this new admission? >> yeah, i remember that trip and i remember seeing secretary kerry going on there. we knew it was going on before that. it's un-american, very troubling. it's not the right thing to do. they lost an election and should have gotten off the stage. they tried to undermine what the american people has put for ward. a policy that kept american safe. in the end, the good news is our policy was a successful policy. we built out a strong coalition to crush the regime in iran. we built out a set of policies that signed the abraham accords. our policies work.

it's sad that secretary kerry is so unable to get off the stage at any point that he had to try to undermine was president trump and our team tried to do. >> katie: i ran is a big topic right now. they're reaching out to iran without any preconditions. jake sullivan, national security adviser, did an interview. i want your response on what he had to say. >> he's prepared to go to the table to talk to the iranians. i ran hat not yet responded. iran is isolated now, not the united states. the ball is in their court. >> katie: seems like the ball is in their court a lot. they get to kick out inspectors, enrich uranium. where are we with iran at this point? >> the sad thing is, they'll have more balls. they'll have money, wealth, the capacity across the world. this is what the previous administration did for eight years. when i hear president biden saying we're going back, america can't afford to go back to what

they did with iran. they built up their missile program, created capabilities that threatened the world. that's not the back america wants us to get to. it's dangerous. looks like this administration is headed down that path. they spoke to the chinese and the russians and not to congress about their intentions. they have not spoken with if government state partners and the israelis who have a big interest. those are the partners that you build out a security alliance and niece the coalition that the keep america safe. >> katie: i want to get your take on that further. when you talk about the iranians, not just talking about the country of iran but the terrorist organizations and proxy groups. talk about why this is a threat to the everyday american? why should they care if the biden administration goes back into a nuclear deal or not? >> we saw this during the jcpoa.

we saw them launch missiles that put americans traveling abroad at risk. they launched missiles in places where americans travel. we saw their capacity to reach out to the united states. don't forget, they tried to kill the saudi ambassador in washington d.c. this is a regime that now for 40 years is committed some of the most egregious terror violations. whether it's hezbollah that threatens israel or those that threaten iraqi citizens. we've seen three attacks in the biden administration that were supported by the iranian regime. those are the things that threaten america. the iranians understand seriousness and deterrence. when we appease, give them money, kowtow, that's only a way to continue down the path and build out their terror campaign. >> katie: one final question

here. switch over the china. the chinese foreign minister is asking for the biden administration to reset relations to take sanctions off, to have meetings about how they can work together. president biden talking about china being a strong competitor. what is your response to those things? >> well, the biden administration to date has been all over the lot. hope they get this right. this is the most important challenge for our generation and the next one. the chinese only understand strength. when you spy on americans, we'll close your consulate. when you just mine promises, we'll sanction your leaders. that's how we responded, this one needs to do the same. >> katie: secretary of state mike pompeo. thanks so much. we appreciate it. >> have a good evening. >> katie: thanks. up next, the new movement to create the second amendment sanctuary communities now gaining steam across the country. how it comes as democrats are considering radical new gun control proposals unhappy with the rise of recent legal gun sales. we dig in up next.

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>> katie: looks like joe biden is getting backup in his war

against the second amendment. his pick for attorney general, merrick garland, says he will have biden's back when it comes to gun control policies. take a look. >> do you support banning of certain types of firearms? >> the president is a strong supporter of gun control and has been an advocate all of his life on this question. the role of the justice department is to advance the policy program of the administration as long as it's consistent with the law. there's room under the law for the president's policies to be pursued, then i think the president is entitled to pursue them. >> katie: joining me now, jack carr, former may i have seal and author of "the devil's hand." we'll get your reaction to the potential new attorney general and then talk about other things. >> katie: thanks. chris cox reminded me that the real tragedy here is that we're having this conversation about

second amendment sanctuary cities. these rights were paid for in blood but those that sacrificed their lives to enjoy the freedoms of all americans. the military, we raised our hand. we take an oath and swear to uphold and defend the constitution of the united states against all enemies foreign and domestic. we don't get to choose which part we want to uphold and defend. then we go to battle by politicians that take a similar oath. they put their hand on the bible for the most part and very next breath, the very first acts are go to subvert that and restrict these rights and consolidate power. the irony they're feet away from men and women defending them where the very tools that they

seek to ban for the rest of us. >> katie: the white house has responded to a record number of gun purchases is to restrict them. they talk about gun violence and then put in this new 8 million new gun owners, they bought their new guns illegal. president biden has said he may implement new executive orders. you mentioned these second amendment sanctuaries all over the country. that is the key point here. communities saying no, you're not going to impose on my liberties and impose on my natural rights. sheriff's in missouri says they will anyone that violates gun rights. arizona is looking to shake up their gun laws. fort fairfield becoming a second amendment sanctuaries. these are a few examples happening all over the country. >> the counties are amending

their constitutions to give people the right to keep and bare arms. in 2009, montana, a county in montana did something similar. it was not upheld by a federal court. it's interesting. an article by cam edwards said we should use the california sanctuary city act that makes it harder to coordinate with the federal government. there's ways there that we might explore on that front. very telling that the white house press secretary is asked about two million gun sales in january. those come from background checks. so legally acquired firearms from the background check and it's still a problem for this administration from a president who has been surrounded by government-funded security since 1971 for the last 50 years. >> katie: yes. also an excellent point. why is the second amendment as

appoint as the first? >> we have an article coming out called "the moral vanity of censorship." there's a morale vanity surrounding those that seek to strip our amendments. for those thinking this way, voting in politicians that seek to restrict our rights to defend ourselves and our families, it's not just for us for our children and grandchildren and future generations. we have that responsibility to be good inheriters of the rights passed to us and we have to pass the same rights on. we're citizens, not subjects and we must be remain ever vigilant to stay that way. >> katie: amen. i can't let you go before you give your biggest fan a quick preview of the upcoming novel. give us a sneak peek. >> april 13. it's about what i thought about during my time in uniform and what i continue to think about

as an author. what has the enemy learned by watching us in iraq, afghan, syria and other hot spots. what have they learned and incorporated in their battle plans and in my next novel, they're ready to strike again. >> katie: thanks, jack. we appreciate it. >> thanks so much. >> katie: up next, anthony fauci's new mask warning. how you can get the vaccine and the world still may not be safe enough for you to go out in without a mask even after we see a return to prepandemic behaviors next year. more next. for members like martin. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started.

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who knew that was a thing?! >> woman: safelite has service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ ♪ ♪ when the chapstick goes on. it's on. get yours on at chapstick.com >> katie: the united states returning to normal? many millions of americans are hopeful to take up their mask in a matter of weeks especially those vaccinated with 63 million doses administered so far. science suggests that people who

receive them are safe and they can go back to work, go to eat, take down the plexiglas and most importantly visit grandma again. but the administration promises to follow the science sees things differently and those vaccinated must keep their mask on indefinitely. >> you when the president have suggested that we will approach normality to the end of the year. what does normal mean? do you think americans will be wearing mask for example in 2022? >> if normality means exactly the way things were before we had this happen to us, i mean come i can't predict that as we get to the fall and winter and by the end of the year, you agree with the president completely that we will be approaching normality. >> katie: in manhattan, and author of diversity, thank you so much for being here. i'm going to see if i get the vaccine, i'm not wearing a mask.

i think this is cruel to continue to tell people that they can no longer go about their lives even if they have the vaccine. >> katie outdoor man day with groundless before the vaccine after the vaccine is utterly ludicrous. there is no outdoor transmission of coronavirus. here is what you need to do to even face any risk of getting sick from it he would be in close contact in an indoor setting with somebody for 15 minutes of contact. cleaning and counters outdoors cannot result in transmission. so why do they keep forcing an outdoor mask mandate on the public? in order to keep americans inferior. every citizen wearing a mask mandated to do so has been turned into a walking billboard of fear that sends the message that the threat is everywhere. that is the message that the government wants you to continue absorbing because it creates

enormous power in the government. we are destroying our economy. we are destroying human capital, and the government then gets to have the role of supporting people through these phony, stimulus payments. and it is a situation that is great for people with power and terrible for the rest of us. >> katie: i think we see a lot of this abuse in schools. young kids don't transmit this virus, and yet, they are sitting there all day with a mask on well being told they can no longer, they still can't visit their grandparents, even if they are vaccinated. they were years of people's lives being taken away from them by the government who has no accountability. dr. fauci has been accountable for changing his statements on these issues and not following the science when the president of the united states that he would. as you mentioned, the stimulus payments as they somehow substitute for people regular lives and going to work, i think is really the key issue.

taking away that dignity and forcing them to continue in that kind of lifestyle they didn't want in the first place. >> we have become serbs, absolutely dependent upon the government. this whole episode has been one cataclysmic abuse of power after another. nothing that has been mandated has been scientifically dumb x scientifically justified him outdoor restaurant and all of that should have been allowed to go forward. the abuse of power has been stunning. we need to have a mask revolt against this because we are destroying prosperity. we have taken prosperity for granted. we have taken for human flourishing for granted. it is not going to come back. the longer this goes on, katie, and we may have tipped, we are destroying opportunity for young people and yes, what is happening to children is sadism. they are not learning, but they are not learning social skills. they are not learning how to

relate to each other, how to read faces, how to constrain their own compulsive but they need to be with other children. i don't know what this generation will look like growing up, but i don't think it will be a pretty sight. >> katie: there are people rising up and governor gavin newsom from california may be getting cold. you have the scandal with governor andrew cuomo in new york. what do you think about people taking action to hold accountable, the leaders accountable, really quickly? >> they need to, they need to vote them out of office and mask boycotts. we need to be putting protection lines around restaurants that reopen come around businesses that reopen. do not let them be arrested. people have to have civil disobedience against a regime that is scientifically groundless and merely a power grab to keep everybody in terror independent. >> katie: scientifically groundless is the key, heather mcdonald, thank you for joininge appreciate it. >> thank you, katie.

>> katie: thank you for watching "fox news primetime" and i am katie pavlich and i will be back tomorrow night 7:00 p.m. tucker carlson is up next. ♪ ♪ ♪ ♪ >> tucker: good evening and welcome to "tucker carlson tonight." you've heard the name naomi with a prominent person in this country and prominent democrat for years. she is one of the founders of third wave feminists and will worked for bill clinton and al gore at last year she voted for joe biden. she has written a lot of books. we criticize by the name on the show but we didn't think we would agree on much to put it mildly. after the last election she surprised a lot of people by tweeting this "if i would have known biden was open to