they have a great lineup. i will see you at 3:00 p.m. on "the story." have a great afternoon, everybody. >> thank you, andrew cuomo surrendering the calls for an independent investigation after a second former aide said he harassed her. pressure grows from both parties. governor cuomo, former aide has accused him of making inappropriate remarks including asking if she had sex with older men. one say he kissed her on the lips without her consent. after the accusations he issued a rare lengthy apology yesterday that red, i think i'm being playful and i make jokes i think are funny. i do on occasion do it and good-natured way. i do it in public and private and i understand the

interactions have been insensitive and that my comments made others feel in ways i never intended. i acknowledge the things i said as an unwanted flirtation. that statement sparking this "new york post" headline. new york mayor de blasio blasting the governor a short time ago. watch. >> that's not apology. he seems to be saying, i was just kidding around. sexual harassment is not funny. it's serious. it has to be taken seriously. it was clearly letting himself off the hook. >> you are watching "outnumbered," i'm emily compagno, gillian turner, host of "kennedy." former white house communications director alyssa fara, and joining us today in the middle of the couch, fox news contributor jason chaffetz. welcome and good morning to you all. i would like to start with you

on this. what do you foresee happening for governor cuomo's political future? >> it's never good if you are offering apologies, admitting and then trying to brush it off as "i was being playful and intellectually i'm far superior in terms of how humorous i am." that is not a good look. it's not a good excuse. it's not going to pass the test. more importantly, you see a number of democrats one after another coming forward admitting this is serious, there needs to be an investigation and it's a double whammy. it's not just covid and putting people that died, but you have two credible sources with allegations that need to be thoroughly investigated and the fact that behind the scenes democrats are having to say, yes, this is credible, that does not go well. >> kennedy, i want to talk about

the statement. we all know the legal standard for sexual harassment. we know it because we are required to take training on it as employees. in the statement he talks about his playful persona. he said i'm making jokes, but we know the standard includes bad jokes and it's not -- the standard is not with the accused intends, it's how it is received. leticia jones, attorney general of new york, on her website it says, harassment can take many forms, unwanted and offensive jokes among them. your thoughts? >> i'm really surprised he violated the standard that he put in place since he's been governor. he's been governor for a long time. how many titans of industry, whether it's cable news or the film industry or, wall street,

how many people has he brought down by this movement. we know standards have changed. we know how we talk to each other. the workplace has changed. he's got three daughters! i can't imagine in the ways he is joked with his subordinates that he would wants a man in his 60s, a powerful man in his 60s speaking to his daughters that way. that's one of the most surprising things. he has known all along what the standard is and he's been one of the biggest voices trying to bring people down with a stricter set of rules that through letitia james offense, he has tried to circumvent by having someone he appointed over scene investigation. that is the way he's always done it. >> that is right and part of the argument is that by amplifying

the voices it allows the investigations to occur unfettered and in an objective manner. thus far the white house is one of the largest proponents of his administration and now were seeing a slow change of the tide. how do you read that? >> the white house did back him, that was when it came to his handling, when it comes to supporting him now and the wake of the sexual harassment scandal, they're not standing up for the governor. they say believe all women, we have to take these allegations credibly. what else can we say? he does have a right to defend himself, we may like the statement or we may not, but he has a right to defend himself. the other key issue, you know this being an attorney, the other key issue to look at aside from the harassment allegations

was how his office responded to handle these allegations. charlotte bennett, the latest to come forward to make the accusation went to her superior almost immediately. she spoke to council, she spoke to his chief of staff, they responded, emily, by giving her a huge promotion and moving her to another office she went from being in assistance, that was the way to get her to buy off or silence without having to spend more money. charlotte said she was very happy with that solution, of course she was, but it addresses the grievances? is this a standard we want to set for how politicians, officers should handle allegations of harassment? it appears to be exactly the wrong thing to do. the office said they moved her

to another office because physically it put distance between her and the governor and that's fine. but to buy her silence and complicity, it seems like the wrong way to go. not saying she didn't deserve a promotion, but this is something that people need to take a close look at. i don't see anyone talking about this today. >> i'm so glad you brought that up. not only does that go to credibility, but it goes to notice and patterns. in december when lindsay boylan's tweets came out and she brought up sort of the tip of the iceberg allegations with harassment, the governor said, absolutely not, i've never heard anybody with something like this. no it proves differently. your thoughts on what this means, the response in terms of these investigations moving forward.

>> that was a very good point by julian. they more or less acknowledged that these allegations took place, acknowledging they moved her to another position. one thing i saw her with, they did not address the very specific claim that he was, and unwanted kiss towards one of these victims. he tried to chalk it up and say "interpreted the wrong way." there is no excuse, all of the behavior is concerning but he glosses over the stark allegation. what i will be looking for is what democrats do stand by. i was surprised to see him front and center last week at the association hosted by the white house. the biden administration has created some distance, that's a wise thing to do. the walls are truly closing in

around andrew cuomo. he has scandals, incredibly issues needed to be looked into and he's running out of allies around him. >> to alyssa's point, legal standard aside, is the public standard higher? do you see the bipartisan call, a refusal moving forward in any way to amplify his voice, to forgive him, do you think has clinical future is over as we know it? are we seeing the beginning of the end for him? >> behind the scenes the number one audience he has, the democrats in the senate and the assembly there in new york. they are going back to their own districts, their own constituents and we will see how loud that reverberation is. if that house of cards crumbles, i don't think he has a way out of this. i really don't. that's the key metric there.

we will see what the media does, only the near post the handful of others have covered this with a seriousness that it takes. "the new york times" is another big media outlet and they been far behind. >> the times wrote the most recent story, they broke that story. >> we wouldn't be talking about it without "the new york times." pointing that out. >> yeah, but they were slow. and that goes to their constituents and the house and senate members in the new york states because if the governor doesn't have their backing, he's not going to be able to move forward. i hope the investigation is taken seriously. we will see if there is other victims because usually there is a pattern, now we have one, how many others? >> to your point in the article, she cited two staff that went

through similar experiences. she did reference an additional two. you are right, that covered seems to be exploding led by us of course. critics are accusing andrew cuomo's hypocrisy. we will show you some of his past statements. plus, the head of one cities teacher union with outreach after a video surfaced of him dropping off his child at a private school while urging other kids to stay home. former president trump unleashing on president biden. suggesting he may run again in 2024. >> we all knew the biden administration was going to be bad, but none of us imagined how bad they would be and how far left they would go. ♪ ♪ to be a thriver with metastatic breast cancer means... grabbing a hold of what matters.

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>> former president trump tearing into president biden's policies in his first speech since leaving office. president trump accusing biden of embracing the far left agenda, blaming him on issues of school business to rolling back security at our border. watch. >> joe biden has triggered a massive flood of illegal immigration, the likes of which we've never seen before. he's had the most disastrous first month of any president in modern history. it's true. in just one short month we have gone from america first to america last. think about it, right? millions of american children are having their future is by joe biden's antiscience

closures. >> the former president calling on republicans to become united. he wants to start a third political party, suggesting he could run again in 2024. >> and then a republican president will make a triumphant return to the white house and i wonder who that will be. i wonder who that will be. >> they were very excited by that line, jason. was this a declaration that he's going to run in 2024? if not, what was your big take away? >> i don't think donald trump does anything quietly. he will allow people to keep you guessing. i don't see any advantage for him not to do that. the big message that most of the media is missing, the making

america great again message is a set of policies, policies that are conservative in their nature and they work. it started with d really deregu, something that puts america's first. that is why use are the party growing, it grew in all different directions. that's bigger than the personality that the democrats would like to pin on it. they would like to say, it's just about donald trump and then they want to talk about tweets. what they're missing is the underlying policy. that's a winning policy and its why joe biden is floundering and i think they will have a terrible time going into 2022, they understand that and i think it's understood across the country.

>> a list, all of those policies that he brought up and hammered home, whether it's southern border, china, where is joe biden most vulnerable? >> i think most immediately at school reopening. that's just an issue that impacts every family. we know someone who has kids out of the classroom, we have relatives, that's an immediate thing for republicans, if they can position themselves as getting kids back in the classroom. all those issues are important. he needs to lay out the juxtaposition, what they stood for versus what we've seen in the first 100 days of the biden administration. the one thing i would know and i think he makes a good point here, the america first agenda is still where the conservative movement is, but it's bigger

than any one man or woman and i say that because if you look at the stronghold, president trump won by 55%, but ron desantis was on his heels. and then another poll says, would you like to see them run again, 7 out of 10 said they wanted him to. i wouldn't call that a full hearted endorsement of the conservative movement, but his policies are and that is where they win. >> emily, let's talk about that, he has seen the rise in the republican party over the last few months, largely because of his response to the covid crisis and how he's kept his state open. what does he do? it's obviously a very fine balancing act, how does he maintain that momentum and use the former president's popularity going forward if former president trump does in

fact run? >> same with the rick scott and to your point about the delicate balancing act, they do so supporting the president. my two takeaways, the former president is not going anywhere and he remains around the party orbits electorally. that does lead to my second take away which is i don't see him as the figurehead of it physically and i think as he went down of his hit list, also lifted up others that supported him, he will continue to be the son that can make other candidates and cast fatal shade on them. ultimately he will step aside and throw his support behind someone, that pulls very well. >> if only his sunlight could have gotten those two georgia

seats, oh, well. andrew cuomo not only accused of harassment, but of hypocrisy about that harassment. what he said about others who were in the very same position and the head of the teachers union who railed against school reopening scott dropping off his own child at a private school. that's coming up, how did he defend himself? just wait. ♪ ♪ refiplus from newday usa can make it happen. refiplus lets you refinance at the lowest mortgage rates in history plus get an average of $50,000 cash for the financial security you and your family deserve. refiplus, only from newday usa. are you managing your diabetes... ...using fingersticks?

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>> welcome back. now that governor cuomo is in a sexual harassment scandal, we want to show you how he reacted when others were in a similar position. he not only called for brett kavanaugh to take a lie detector test, but he brought up the case, going after his arrival on the issue saying, new yorkers need a governor who stood up for women. he tweeted, did he know the

women who were accused of assault? several months later he spoke out against celebrities accused of harassment. >> it's not government, its society. it was harvey weinstein, it's comedians, it's politicians, it's chefs, right? it's systemic, it's societal, there's not one person in one area, it's not just charlie rose or matt lowery. it's society. understand the problem! >> is he right, your thoughts? >> he is right. it's a society wide, systematic problem, but at the same time, we agree it seems to be that man

in washington and hollywood in particular have a very tough time not trying to seek advantage, take advantage of their power and manipulate young women. for some reason, no offense, jason, but there's something about politicians and big hollywood stars that seem to be going haywire here. a lot of folks would say come another day, another politician. how old is he? 63? telling a 25-year-old that he thinks is appropriate as 22, mot of us would think, something is going wrong there,he thought it was appropriate. it's because there's a code of conduct who accept this and they promoted among one another. it's a disgrace.

we can't blame it on one or the other side of the aisle, democrats are no more guilty here than republicans and vice versa. it's a big problem, but if you deny the fact that it's a particular problem for hollywood, we missed the point entirely. >> to be clear, no one escapes guilt, it's everyone and it's everywhere and it's in every industry. your thoughts? >> i think that point is right. i feel bad for these young women. they didn't want to become public figures, they got a career and a family to be had. i feel really bad for them. you know what, you look at where the governor was and now he's essentially admitting it. these are allegations, but he's essentially admitting it, you try to offer this week apology,

he was just a jokester and everybody should have gone along with the joe, but how many times have we heard that? that's been going on since the dinosaurs. you put yourself up there as the enlightened one who's going to lead this charge only to find out that you have at least two of the strong allegations. the governor is losing people's faith fast and they have to get to the bottom of this. i feel for these women. i wish there was a way to do this without making them such public figures. >> not only did the governor, the comments we put up there, he did in fact architect and entirely new set of laws and yet these accusations don't fly, your thoughts on the hypocrisy? >> the thing i keep getting struck by is the extraordinary level of arrogance that he displays on both of these scandals he's dealing with. the arrogance it takes to write

a book on how to handle a pandemic 110,000 seniors died in your state and we are still in the midst of the pandemic, that takes arrogance. just as you mentioned, to change these laws, not even bother to hold himself to the standard, this is a man who clearly has some personal issues he needs to deal with and now we are seeing it spillover. i'm very curious to see, he came out for impeachment and said, how much we are getting. these are concerning allegations on both fronts that aren't going away for governor cuomo. >> the head of a teachers union spotted taking his daughter to an in-person private school after pushing for teachers to get vaccinated. the backlash from parents and the explanation from that union had next. ♪ ♪

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>> the head of berkeley, california, has teachers union said they should reopen when all teachers get vaccination was spotted dropping off his 2-year-old daughter and in person preschool, parents are calling him a hypocrite, moms tweeting "meet the mayor, white man who dreads the teachers union. he's been sing it's unsafe for your kids to go back to school all the while dropping his kid off at private school." the mayor said there were no public school there is a lot to unpack with this story. i see a whole host of problems here, tell us with the biggest man is. >> the biggest one is for democrats because the region joe biden won the election is suburban mom's fled the republican party and former

president trump and they voted for joe biden because the promises and the fact that he was going to unify and make america safe and fancy. none of that has happened and now you have moms who cannot work because their home taking care of their kid because there is a large percentage of children of all ages were not in school. they have been the ones who have been most hurt and this blanket idea that you have to follow the signs when there is clearly no science being followed, that is costing children mental health and moms their pay and their jobs, it's not going to fly anymore. these excuses are getting incredibly flimsy and hath no fury like a group of mom's, you better watch out. moms are coming for you. [laughter] >> the other thing that strikes

me, and there is hypocrisy and there is another person flouting the rules they created, showing that their own policies are unworkable. that's another big problem, right? kennedy, sorry. >> yes, that's the biggest problem, but you are seeing hypocrisy not only from the teachers union, politicians, the infection isn't just from covid, it's from the hypocrisy. the rules for the but n has no m putting his child in a school with other kids and teachers who vaccinated, but desperatecite parents in these schools, they don't have the same opportunity. people are so sick and tired of the hypocrisy. that is why they're ready to throw out the governor of california. >> alyssa, you made an

interesting comment about president biden being judged or having reopening schools be a big issue for him. i feel like in the first hundred days americans will look back and evaluate his presidency based on his ability to reopen schools, and the americans he manages to get vaccinated. this shows us the degree to which kids are starving for that. >> absolutely. the administration isn't falling the science. earlier on your network, health and human services said, kids need to be back in the classroom. there is mental health benefits, educational benefits obviously. kids are falling behind, the science shows that even without students being vaccinated, they should be. the biden administration is being held hostage by teachers unions. i will say it, teachers unions do not care about students. that is what their policies and

actions are showing. it's the best thing for kids to be back in the classroom. its disadvantage students who fall behind most, it's abuse, people who don't have strong home structures and are falling behind and getting left. it's heartbreaking. i think this will be the biggest issue, at least in the first quarter. i don't see them moving to reopening schools. >> jason, there is another big problem, it shows a disparity between privileged and underprivileged kids across the country. not just where this teachers union happens to be. >> berkeley is up north. >> berkeley, yeah, but this is being replicated across the country. why is it private school students should have the upper hand here and go there?

>> based on the tweet, i don't care what he looks like, i don't care if he has dreadlocks, that's classic that he's wearing a teachers union jacket when he's taking his daughter to school. the bigger, broader issue is one of school choice. i agree with everybody who's talked about how the administration has overplayed their hand, but i am one that doesn't believe there should be a federal department of education. they should get rid of that. i think we should champion school choice so every parent has a choice. that's the bigger, broader issue. no matter where you are in this country you should have choice. >> emily, you are good at assessing out pollution, do you see any solutions for these problems. do you think there is a way forward for the administration here? >> the pressure, thank you for

that. the solution would be data and science approach, which frankly would mean more openings given the vaccine conversation, everything we've been covering. what breaks my heart the most, the community from i'm from, people are trying to do such good things there and we have another performative activist, not an ally, someone who grows up in front of everybody because he had the privilege to send his daughter to a private school. >> i want to take everybody to the white house really quick. we are in the middle of a briefing. >> the attorney general, new york attorney general will see an investigation and the governor's office that he will fully cooperate. we certainly support that process and we will wait to see that through. >> just to follow up, the

sanctioning in the future? >> we reserve the right to take any action. i will note that historically the united states through democratic presidents has not typically sanctioned leaders where we have diplomatic relations. >> a separate question, we saw alabama and amazon, are they endorsing amazon workers for the union? >> the president, i think it was a video, so people know the context of what you are referring to. he says workers have the right to organize, that's a fundamental value he has and one that he has been consistent on for decades. we don't comment on specific cases, we are going to wait on amazon, but broadly he believes that workers should have the right to organize and he conveyed that in the video.

>> we are listening to john saki, white house press secretary. she talked about andrew cuomo and the sexual harassment misconduct scandal he finds himself in the midst of saying "the white house is on board with an investigation going forward." we learned the attorney general in new york letitia james is going to appoint somebody independently, and they will look into it. coming up after the break we will talk about dr. seuss, parents worried they're not going to be able to talk green eggs and ham anymore. why? we will break it down for you. ♪ ♪ ember that liberty mutual customizes your home insurance, here's something you shouldn't try at home... look, liberty mutual customizes home insurance so we only pay for what we need. it's pretty cool. that is cool!

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>> joe biden's border crisis, he said to meet with the president of mexico as unaccompanied minors make their way to the southern border. she visited the border and will give us an inside look at what is really happening there. if you notice you're paying more at the pump, the national average for a gallon of gasoline is up $0.30 over the past month! are the policy is to blame for that or is something else at play? our panel will debate.

did tiger woods fall asleep at the wheel? what we are hearing may have led to that disastrous crash. a big three hours coming up, "america reports" kicks off a brand-new week. join us at the top of the hour. >> the pc police have another icon in their crosshairs, dr. seuss! after a recent study found them containing strong racial undertones, the public schools canceled their annual celebration tomorrow. schools across the nation have held a read across america day on march 2nd of the author, beloved by generations and dr. seuss. one fish, two mitch, you are through fish! why do they hate literacy? >> i don't know. i love dr. seuss! i'm not over the fact that they

assassinated mr. potato head, one of my favorites and now they're trying to take away dr. seuss! come on! did they ever read how the grinch stole christmas? i love those books. >> i do too, but now it's going to be, "the places you won't go." what's going on here? >> this kills me. it's like watching all of my childhood icons being destroyed one after another. by the way, for this annual celebration, first lady michelle obama read dr. seuss to children across the nation, i'm not quite sure why the line was drawn right now. >> yes, it's going to be the cat and the straitjacket pretty soon. >> i'm going to give the rest of my time to give to you. personally it's the highlight of

the show today. please. >> i'm running out here pretty soon. help me out. >> i love dr. seuss, tremendous amount. my husband the other day, he does product design and development, he ate a hot take on the mr. potato head scandal. he said all of this, this decision from the country, it came down to the bottom line to produce these gender neutral, it's going to save them hundreds of millions of dollars in years design packaging so it's a stroke of genius, making this progressive step at the same time, we will cut down at the bottom line and that is probably why they did it. it makes sense. it was a business decision. >> it did not make sense! >> the company's bottom line. >> no way!

>> i'm sorry, jason. >> we are talking about, we have never talked about mr. potato head and pretty soon, cards against amenities, that's another topic for another day. however, this is censorship. this is who stole christmas! >> absolutely and what snowflakes do they want to raise? i remember when it was huckleberry finn when in reality, they are going to talk you through the significance of the racial undertones. that's part of the education is learning from these classics. it's ridiculous. i don't know what they want from our kids. >> i want to dip back into the press briefing. take a listen to jan stocky. >> there is a process, we will

leave it to that process through the attorney general to make a determination. >> can you explain, discussing the language that was inappropriate and abusive. is there a red line when it comes to language or as president red lion. >> a red line for whom? what do you mean? with what outcome? >> governor cuomo asked questions. it's also been alleged in other instances, questions about personal life or sex life, anything that makes someone uncomfortable. is that something or someone should have to resign for or are there other consequences? >> the language, the president

has a bar for what is expected, which you referenced, treating people with civility, with respects and that is what he wants of the administration. in terms of the path forward, we will leave it towards the attorney general and others to conclude that. >> i want to make sure i understand, his 100 a pledge to reopen schools, is that 51% of schools open? >> the majority of schools open five days a week, that's our objective. we hope our secretary of education will confirm soon. we will be overseeing the process moving forward. >> five days a week, does that mean the individual kid is going five days a week? the hybrid model, half the class on mondays and wednesdays? >> we would like kids to be in

school five days a week. go ahead. >> when the president is asked to meet with him later today, he is expected to ask. >> let's bring in with jan jen psaki, she was just asked about the redline when it comes to the misconduct allegations against new york governor cuomo. she declined to take a firm stance one way or the other, but she did, jason, she did say he does have some basic standards. he asked the white house to adhere to that, including colleagues with civility. seems like a redline without a redline? it's confusing. >> that's exactly what joe biden's administration and kamala harris have not done. it was joe biden, president biden who talk to all the employees and said, you will

be fired if you don't treat people with respect! i think the title was "deputy press secretary here" the consequence was, i took a while for it to come out, then they will do one week of no pay and he was going to have to apologize. everybody got wind of that. that was not the standard joe biden set. he said he was going to fire them. when it happened within his own white house, what did they do? just a week without pay, say you are sorry and move along, until they got caught. he still was never fired. i don't believe a word they are saying. that's not how they've done it in the first 30 days. >> i have a question for you. what could president biden do here? let's say for a hypothetical,

he's furious with the governor, he disagrees with the way he's handling this, he wants them to accept responsibility, what can he do about governor and another state? >> number one, how do you administer your own administration? i just made the case they're not living up to their own standards. number two they can make comments and statements and get behind these women and those that are going to go through the prosecution of the spirit that is what they can do. they're very tepid in doing that. >> legally, as there a line they have to toe or as a kind of, do they have the freedomay whatever they want? >> to be clear, new york state law dictates any unwelcome comment, a joker on wanting touching, these are sexual harassment which can take

many forms and are all illegal. respectfully to the journalist to ask the question, what if it's just remarks? the law is clear, the white house merely has to say we uphold the law, we support any investigation which would be to their past comments, and the accusers voice, let them be heard, let there be an investigation and we support the results, whatever they may be. full, fair, transparent, to amplify them, there is a confusion that his behavior rose to that level, that he's out, end of story. >> that's the legal standard. let's talk about the common sense standard. we only have a couple seconds left. based on what we know about the governor's behavior, the testimony of the two woman, is he behaving similarly to

colleagues and subordinates? >> i just want to, i want to employ the same test. is this the way he would want someone to treat his daughters? the answer is no. if you don't want your daughters treated this way or ask these questions, don't ask young women these questions. president biden has been accused of the same thing, snipping hair, unwanted touching, inappropriate ways of dealing with younger women who have been campaign volunteers and subordinates and the democratic party workers. he's been accused of the same thing. he's going to be an absolute hypocrite. this will come back to bite him in the keister. >> thank you everyone for this fantastic conversation as always.

thank you all at home for watching. now here is "america reports." >> sandra: an independent investigation after a second former aide has come forward claiming that he sexually harassed her. the bipartisan criticism is building. hello, everyone, i'm sandra smith. hello, john. >> john: i'm john roberts in washington. governor cuomo's office agreed to let the states attorney general control the investigation, this after a second accuser, 26-year-old charlotte bennett claimed the governor asked her if she had sacks with older men. >> sandra: another former aide lindsay boylan says that he kissed her on the lips without consent and suggested playing strip poker. new york senator kristin gillibrand backing that independent investigation. >> john: at ts